C1C7C8C6C3C9C2C4C5C11C12F1PART 1AArrangements with respect to local authority governance in England

Annotations:
Amendments (Textual)
F1

Pt. 1A inserted (3.12.2011 for specified purposes, 15.1.2012 for the insertion of Pt. 1A Ch. 4 so far as not already in force and ss. 9B, 9C and 9R for specified purposes, 9.3.2012 for the insertion of ss. 9H-9HE in so far as not already in force and s. 9R for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 1; S.I. 2011/2896, art. 2(e); S.I. 2012/57, art. 4(1)(b) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 2(a); S.I. 2012/1008, art. 4(b)

Modifications etc. (not altering text)
C2

Pt. 1A modified by S.I. 2008/2113, reg. 10 (as substituted (5.9.2018) by The Local Government (Structural Changes) (General) (Amendment) Regulations 2018 (S.I. 2018/930), regs. 1, 3(3))

C1C7C8C6C3C9C5C11CHAPTER 2Executive arrangements

Executive functions

C10C119DC11Functions which are the responsibility of an executive

1

This section has effect for the purposes of determining which of the functions of a local authority that operates executive arrangements are the responsibility of an executive of the authority under those arrangements.

2

Subject to any provision made by this Act or by any enactment which is passed or made after the day on which this Act is passed, any function of the local authority which is not specified in regulations under subsection (3) is to be the responsibility of an executive of the authority under executive arrangements.

3

The Secretary of State may by regulations make provision for any function of a local authority specified in the regulations—

a

to be a function which is not to be the responsibility of an executive of the authority under executive arrangements,

b

to be a function which may be the responsibility of such an executive under such arrangements, or

c

to be a function which—

i

to the extent provided by the regulations, is to be the responsibility of such an executive under such arrangements, and

ii

to the extent provided by the regulations, is not to be the responsibility of such an executive under such arrangements.

4

Executive arrangements must make provision for any function of a local authority falling within subsection (3)(b)—

a

to be a function which is to be the responsibility of an executive of the authority,

b

to be a function which is not to be the responsibility of such an executive, or

c

to be a function which—

i

to the extent provided by the arrangements, is to be the responsibility of such an executive, and

ii

to the extent provided by the arrangements, is not to be the responsibility of such executive.

5

The power under subsection (3)(c) or (4)(c) includes power in relation to any function of a local authority that operates executive arrangements—

a

to designate any action in connection with the discharge of that function which is to be the responsibility of an executive of the local authority, and

b

to designate any action in connection with the discharge of that function which is not to be the responsibility of such an executive.

6

The Secretary of State may by regulations specify cases or circumstances in which any function of a local authority which, by virtue of the preceding provisions of this section, would otherwise be the responsibility of an executive of the authority to any extent is not to be the responsibility of such an executive to that or any particular extent.

7

A function of a local authority may, by virtue of this section, be the responsibility of an executive of the authority to any extent notwithstanding that section 101 of the Local Government Act 1972, or any provision of that section, does not apply to that function.

8

Any reference in this section to a function specified in regulations includes a reference to a function of a description specified in regulations.

9

In this section—

  • “action” in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    1. a

      the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    2. b

      the doing of anything incidental or conducive to the discharge of the function, or

    3. c

      the doing of anything expedient in connection with the discharge of the function or any action falling within paragraph (a) or (b);

  • “function” means a function of any nature, whether conferred or otherwise arising before, on or after the passing of this Act.