C1 Part VI Discharge of Functions
C2C3C4C5C6C7C8C9C24C25C26C27C28C45C34C46C33C32C48C72C70C78C41C39C73C52C62C71C31C64C75C50C35C30C53C36C37C56C76C55C51C42C79C40C61C77C58C54C68C49C38C60101 Arrangements for discharge of functions by local authorities.
C10C631
Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—
F11A
A local authority may not under subsection (1)(b) above arrange for the discharge of any of their functions by another local authority if, or to the extent that, that function is also a function of the other local authority and is the responsibility of the other authority’s executive.
1B
Arrangements made under subsection (1)(b) above by a local authority (“the first authority”) with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that,—
a
the first authority are operating or begin to operate executive arrangements, and that function becomes the responsibility of the executive of that authority; or
b
the authority with whom the arrangements are made (“the second authority”) are operating or begin to operate executive arrangements, that function is also a function of the second authority and that function becomes the responsibility of the second authority’s executive.
1C
Subsections (1A) and (1B) above do not affect arrangements made by virtue of section F329EA or 19 of the Local Government Act 2000 (discharge of functions of and by another authority).
F221D
A combined authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.
1E
F36In subsection (1D) “mayoral function” has the meaning given by section 107G(7) of the Local Democracy, Economic Development and Construction Act 2009.
F271F
A combined county authority may not arrange for the discharge of any functions under subsection (1) if, or to the extent that, the function is a mayoral function of a mayor for the area of the authority.
1G
In subsection (1F) “mayoral function” has the meaning given by section 41(8) of the Levelling-up and Regeneration Act 2023.
C13C14C15C47C43C57C67C74C442
Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
C16C473
Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.
C17C16C474
Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.
C22C23C18C29C69C65C805
Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—
a
they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and
b
any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.
F25A
Arrangements made under subsection (5) above by two or more local authorities with respect to the discharge of any of their functions shall cease to have effect with respect to that function if, or to the extent that, the function becomes the responsibility of an executive of any of the authorities.
5B
Subsection (5A) above does not affect arrangements made by virtue of section F219EB or 20 of the Local Government Act 2000 (joint exercise of functions).
F265C
Arrangements under subsection (5) by two or more local authorities with respect to the discharge of any of their functions cease to have effect with respect to that function if, or to the extent that, the function becomes a general function of a mayor for the area of a combined authority F25or combined county authority.
5D
Subsection (5C) does not prevent arrangements under subsection (5) being entered into in respect of that function by virtue of—
F24a
section 107E of the Local Democracy, Economic Development and Construction Act 2009 (joint exercise of general functions) F30, or
b
section 32 of the Levelling-up and Regeneration Act 2023 (joint exercise of general functions).
5E
In subsection (5C), “general functions”F35—
a
in relation to a combined authority, has the meaning given in section 107D(2) of the Local Democracy, Economic Development and Construction Act 2009;
C196
A local authority’s functions with respect to levying, or issuing a precept for, a rate F3... shall be discharged only by the authority.
F166A
Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).
F177
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F187A
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8
Any enactment, except one mentioned in subsection (9) below, which contains any provision—
a
which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or
b
which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;
shall, to the extent that it makes any such provision, cease to have effect.
9
The following enactments, that is to say—
F4a
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F5b
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F6c
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F33d
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F7e
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F14f
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F8g
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F9h
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are exempted from subsection (8) above.
10
This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.
F1010A
In determining what arrangements to make for the discharge of any functions, a principal council in Wales may act as if paragraph (f) were omitted from subsection (9) above.
F1111
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12
References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.
C20C21C5913
In this Part of this Act “local authority” includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, F31...F12any joint authority F29..., F19an economic prosperity board, a combined authority,F28a combined county authority,F23a sub-national transport body,F20... F13..., a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.
F3413A
In this section “local authority” includes the London Fire Commissioner; but nothing in this section authorises functions of the Commissioner to be discharged by a committee or sub-committee of the Commissioner.
14
Nothing in this section affects the operation of section 5 of the 1963 Act or the M1Local Authorities (Goods and Services) Act 1970.
F1515
Nothing in this section applies in relation to any function under the Licensing Act 2003 of a licensing authority (within the meaning of that Act).
Pt. VI (ss. 101-110): power conferred to make provisions about matters of the kind dealt with in this part (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4(a)(iv); S.I. 1997/1930, art. 2(1)(2)(m)