Section 54 - Exercise by a principal council of its functions under this Part etc.
156.Subsection (1) disapplies section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) from the functions of a principal council under this Part (and section 61(2)), which means such functions are non-delegable to a committee, a sub-committee or an officer of a council or to another council. This does not prevent, for example, an officer of a council from preparing a draft of a report for full council to consider and decide upon.
157.The Welsh Ministers have a regulation-making power in subsection (2) to amend this section for the purpose of disapplying (or reapplying) subsection (1) in relation to a function of a principal council under this Part (and section 61(2)). The effect of disapplying subsection (1) would be to make some or all principal council functions in this Act delegable under section 101 of the Local Government Act 1972. Regulations made under this power are subject to the affirmative procedure in the Senedd.
158.Subsection (3) inserts functions of a principal council relating to the visitor levy into the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399) as functions not to be the responsibility of an executive.
