The Local Government (Executive Arrangements) Regulations (Northern Ireland) 2015

CHAPTER 2 Discharge of functions by another council

Discharge of an executive’s functions by another council or another relevant executive

9.—(1) Subject to paragraph (3), a body with power to make arrangements under this regulation, in relation to a council, may make the arrangements specified in paragraph (2).

(2) The arrangements referred to in paragraph (1) are arrangements for a function which is the responsibility of the executive of the council to be discharged by—

(a) another council; or

(b) a relevant executive of another council.

(3) If the function which is the responsibility of the executive of the council—

(a) is also a function which is, or which becomes, the responsibility of the relevant executive of the other council; or

(b) is not, or ceases to be, a function of the other council and that other council is operating, or begins to operate, executive arrangements,

the arrangements referred to in paragraph (1) must not, or, as the case may be, must no longer provide for the other council to discharge that function but may provide for the executive of the other council to discharge it.

(4) Any arrangements made under this regulation—

(a) are not to prevent the body which made the arrangements from exercising the functions to which they relate; and

(b) are to be made with the other council concerned.

Discharge of a council’s functions by the relevant executive of another council

10.—(1) A council may make arrangements for the discharge of any of its functions, which are not the responsibility of an executive of that council, by a relevant executive of another council in accordance with this regulation.

(2) Arrangements may only be made for the relevant executive of the other council to discharge any function referred to in paragraph (1) if the function is also a function of that other council and is the responsibility of the executive of that council.

(3) Any arrangements made under this regulation—

(a) are not to prevent the council which made the arrangements from exercising the functions to which they relate; and

(b) are to be made with the other council concerned.

Responsibility for functions delegated to the relevant executive of another council

11.  Where, by virtue of regulation 9 or 10, arrangements are in force for the discharge of any functions of a council, or for the discharge of any functions which are the responsibility of the executive of that council, by the relevant executive of another council, those functions are to be treated, for the purposes of section 24 of the 2014 Act (allocation and discharge of functions), as functions which are the responsibility of the relevant executive of that other council.

Further delegation of discharge of functions delegated to another council.

12.—(1) Where, by virtue of regulation 9, arrangements are in force for the discharge of any functions which are the responsibility of the executive of a council by another council, then, subject to the terms of the arrangements, that other council may arrange for the discharge of any of those functions by a committee, sub-committee or officer of the council.

(2) Where by virtue of paragraph (1) any functions may be discharged by a committee of another council, then, unless that council otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the council.

(3) Where by virtue of paragraph (1) or (2) any functions may be discharged by a sub-committee of another council, unless that council or, as the case may be, that committee otherwise directs, the sub-committee may arrange for the discharge of any of those functions by an officer of the council.