PART 4DISCHARGE OF FUNCTIONS
Arrangements for discharge of functions
I18Arrangements by one council for discharge of functions by another council
1
A council may not under section 7(1)(b) arrange for the discharge of any of its functions by another council if, or to the extent that, that function is also a function of the other council and is the responsibility of the other council's executive.
2
Arrangements made under section 7(1)(b) by a council (“Council A”) with respect to the discharge of any of its functions cease to have effect with respect to that function if, or to the extent that—
a
Council A is operating or begins to operate executive arrangements, and that function becomes the responsibility of the executive of Council A; or
b
the council with which the arrangements are made (“Council B”) is operating or begins to operate executive arrangements, that function is also a function of Council B and that function becomes the responsibility of Council B's executive.
3
Subsections (1) and (2) do not affect arrangements made by virtue of section 25 (discharge of functions of and by another council).
4
Subsection (5) applies where arrangements are in force under section 7(1)(b) for the discharge of the functions of a council (“Council A”) by another council (“Council B”).
5
Council B may arrange for the discharge of those functions by a committee, sub-committee or officer of Council B.
6
Subsections (4) to (7) of section 7 apply in relation to those functions as they apply in relation to the functions of Council B.
7
Subsection (4) is subject to the terms of the arrangements.
8
Arrangements made under section 7(1)(b) by a council for the discharge of its functions do not affect its responsibility for them.