Part 16

Miscellaneous

Exercise of functions by members of local authorities in England

Exercise of functions by local councillors in England
236
1
Arrangements may be made in accordance with this section for the discharge of any function of a local authority by a member of the authority, to the extent that the function is exercisable in relation to the electoral division or ward for which the member is elected.
2
In the case of a function of a local authority operating executive arrangements which is the responsibility of the executive—
a
it is for the senior executive member to make the arrangements; and
b
arrangements under this section may not permit the discharge of the function by a member of the executive if it may be discharged by him by virtue of arrangements under section 14(2)(b)(ii) of the Local Government Act 2000 (c. 22)
(discharge of functions: general).
3
In any other case it is for the local authority to make the arrangements.
4
No arrangements may be made under this section for the discharge by a member of a local authority of any function—
a
which is, or to the extent that it is, specified in an order made by the Secretary of State; or
b
in any manner or in circumstances so specified.
5
Any arrangements made under this section with respect to the discharge of any function are not to prevent its discharge—
a
by the person who made the arrangements; or
b
in any other way in which the function is permitted to be discharged by or under any enactment.
6
In this section, “local authority” means—
a
the council of a county in England;
b
a district council; or
c
a London borough council.
7
In this section—
- “executive” and “executive arrangements” have the same meanings as in Part 2 of the Local Government Act 2000 (c. 22)
(arrangements with respect to executives etc);
- “senior executive member” has the same meaning as in section 14 of that Act;
and any reference to a function which is the responsibility of the executive of a local authority is to be construed in accordance with section 13(8) of that Act (functions which are the responsibility of an executive).
8
Any reference in this section to the discharge of any function includes a reference to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of that function.
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 236 in force at 12.12.2008 for specified purposes by S.I. 2008/3110, art. 2(h)
S. 236 in force at 1.4.2009 in so far as not already in force by S.I. 2008/3110, art. 4(i)
S. 236(9) repealed (4.5.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 25 Pt. 4; S.I. 2012/1008, art. 4(c)