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Local Government Act (Northern Ireland) 2014

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This is the original version (as it was originally enacted).

Functions of an executive: further provision

23.—(1) Any reference in the following provisions of this Part to any functions which are, or are not, the responsibility of an executive of a council under executive arrangements is a reference to the functions of the council to the extent to which they are or (as the case may be) are not, by virtue of section 22, the responsibility of the executive under such arrangements.

(2) Any function which is the responsibility of an executive of a council under executive arrangements—

(a)is to be regarded as exercisable by the executive on behalf of the council; and

(b)may be discharged only in accordance with any provisions made by or under this Part which apply to the discharge of any such function by that form of executive.

(3) Accordingly, any function which is the responsibility of an executive of a council under executive arrangements—

(a)may not be discharged by the council;

(b)is not to be a function to which section 7(1) applies; and

(c)may be the subject of arrangements made under section 9 only if permitted by any provision made under section 26.

(4) Subject to any provision made under subsection (5), any function of a council that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the council is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Part.

(5) Regulations may make provision with respect to the discharge of any function of a council that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the council (including provision disapplying Part 4 (discharge of functions) or any provision of that Part).

(6) In this section “function” has the same meaning as in section 22.

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