PART 1A

Arrangements with respect to local authority governance in England
CHAPTER 2

Executive arrangements

Executive functions

Functions of an executive: further provision
9DA
1
Any reference in the following provisions of this Chapter to any functions which are, or are not, the responsibility of an executive of a local authority under executive arrangements is a reference to the functions of the authority to the extent to which they are or (as the case may be) are not, by virtue of section 9D, the responsibility of the executive under such arrangements.
2
Any function which is the responsibility of an executive of a local authority under executive arrangements—
a
is to be regarded as exercisable by the executive on behalf of the authority, and
b
may be discharged only in accordance with any provisions made by or under this Part or section 236 of the Local Government and Public Involvement in Health Act 2007 (exercise of functions by local councillors in England) which apply to the discharge of any such function by that form of executive.
3
Accordingly, any function which is the responsibility of an executive of a local authority under executive arrangements—
a
may not be discharged by the authority,
b
is not to be a function to which section 101(1) of the Local Government Act 1972 applies, and
c
may be the subject of arrangements made under section 101(5) of that Act only if permitted by any provision made under section 9EB.
4
Subject to any provision made under subsection (5), any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority is to be discharged in any way which would be permitted or required apart from the provisions made by or under this Chapter.
5
The Secretary of State may by regulations make provision with respect to the discharge of any function of a local authority that operates executive arrangements which, under those arrangements, is not the responsibility of the executive of the local authority (including provision disapplying section 101 of the Local Government Act 1972 or any provision of that section).
6
In this section “
function
” has the same meaning as in section 9D.
Pt. 1A modified (1.4.2013) by The Isles of Scilly (Functions) (Review and Scrutiny) Order 2013 (S.I. 2013/643), arts. 1(1), 2
S. 9DA modified (E.) (18.3.2022) by The North Yorkshire (Structural Changes) Order 2022 (S.I. 2022/328), arts. 1(1), 8(2)
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))
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 12(5)-(8)
Pt. 1A modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 15 (with reg. 1(2)(3))
Pt. 1A modified in part (23.5.2019) by The Buckinghamshire (Structural Changes) Order 2019 (S.I. 2019/957), arts. 1, 6(17)
Pt. 1A modified (26.5.2018) by The Bournemouth, Dorset and Poole (Structural Changes) Order 2018 (S.I. 2018/648), arts. 1, 27(8)
Pt. 1A modified in part (25.5.2018) by The West Suffolk (Local Government Changes) Order 2018 (S.I. 2018/639), arts. 1, 8(7)
Pt. 1A modified in part (25.5.2018) by The East Suffolk (Local Government Changes) Order 2018 (S.I. 2018/640), arts. 1, 8(7)
S. 9DA modified (E.) (18.3.2022) by The Somerset (Structural Changes) Order 2022 (S.I. 2022/329), arts. 1(1), 8(2)
Pt. 1A modified in part (26.5.2018) by The Somerset West and Taunton (Local Government Changes) Order 2018 (S.I. 2018/649), arts. 1, 8(7)
S. 9DA restricted by S.I. 2019/957, art. 6A(14)-(16) (as inserted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 5)
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)
Pt. 1A modified in part (14.2.2020) by S.I. 2020/156, art. 7 (as substituted (8.5.2020) by The Local Government (Coronavirus) (Structural Changes) (Consequential Amendments) (England) Regulations 2020 (S.I. 2020/426), regs. 1(2), 12)
Pt. 1A modified in part (18.3.2022) by The Cumbria (Structural Changes) Order 2022 (S.I. 2022/331), arts. 1(1), 7(2)