Local Government Bill [H.L.] - continued        House of Lords
PART II, ARRANGEMENTS WITH RESPECT TO EXECUTIVES - continued
Provisions with respect to executive arrangements - continued

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Discharge of functions: leader and cabinet executive.     13. - (1) Subject to any provision made under section 16, 17 or 18, any functions which, under executive arrangements, are the responsibility of a leader and cabinet executive are to be discharged in accordance with this section.
 
      (2) The executive arrangements may make provision with respect to the allocation of any functions which are the responsibility of the executive among the following persons-
 
 
    (a) the executive,
 
    (b) any members of the executive,
 
    (c) any committees of the executive, and
 
    (d) any officers of the authority.
      (3) If the executive arrangements make such provision as is mentioned in subsection (2), any person to whom a function is allocated in accordance with that provision may discharge the function.
 
      (4) If or to the extent that the functions which are the responsibility of the executive are not allocated in accordance with such provision as is mentioned in subsection (2), the executive leader-
 
 
    (a) may discharge any of those functions, or
 
    (b) may arrange for the discharge of any of those functions-
 
      (i) by the executive,
 
      (ii) by another member of the executive,
 
      (iii) by a committee of the executive, or
 
      (iv) by an officer of the authority.
      (5) Where by virtue of this section any functions may be discharged by a local authority executive, the executive may arrange for the discharge of any of those functions-
 
 
    (a) by a committee of the executive, or
 
    (b) by an officer of the authority.
      (6) Where by virtue of this section any functions may be discharged by a member of a local authority executive, that member may arrange for the discharge of any of those functions by an officer of the authority.
 
      (7) Where by virtue of this section any functions may be discharged by a committee of a local authority executive, the committee may arrange for the discharge of any of those functions by an officer of the authority.
 
      (8) Where the executive leader makes any arrangements under subsection (4)(b)(i), (ii) or (iii), he may direct, at that or any subsequent time, that subsection (5), (6) or (7) (as the case may be) is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as he may direct.
 
      (9) Any arrangements made by virtue of this section by an executive leader, executive, member or committee for the discharge of any executive functions by an executive, member, committee or officer are not to prevent the executive leader, executive, member or committee by whom the arrangements are made from exercising those functions.
 
      (10) The reference in subsection (2)(b) to the members of the executive includes a reference to the executive leader, and subsection (6) in its application for the purposes of subsection (2)(b) is to be construed accordingly.
 
Discharge of functions: mayor and council manager executive.     14. - (1) Subject to any provision made under section 16, 17 or 18, the functions which, under executive arrangements, are the responsibility of a mayor and council manager executive are to be discharged in accordance with this section.
 
      (2) The executive-
 
 
    (a) may discharge any of those functions, or
 
    (b) may arrange for the discharge of any of those functions-
 
      (i) by the council manager, or
 
      (ii) by an officer of the authority.
      (3) Where by virtue of this section any functions may be discharged by the council manager of a local authority, the council manager may arrange for the discharge of any of those functions by an officer of the authority.
 
      (4) Any arrangements made by virtue of this section by an executive or council manager for the discharge of any functions by a council manager or officer are not to prevent the executive or council manager by whom the arrangements are made from exercising those functions.
 
Discharge of functions: s. 10(5) executive.     15. - (1) The Secretary of State may by regulations make provision with respect to the ways in which any functions which, under executive arrangements, are the responsibility of an executive which takes a form prescribed in regulations under section 10(5) are to be discharged.
 
      (2) The provision which may be made by regulations under this section includes provision which applies or reproduces (with or without modifications) any provisions of section 12, 13 or 14.
 
      (3) Nothing in subsection (2) affects the generality of the power under subsection (1).
 
      (4) Any provision made by regulations under this section is subject to any provision made under section 16, 17 or 18.
 
Discharge of functions by area committees.     16. - (1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority, or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive by an area committee of that authority.
 
      (2) Regulations under this section may impose limitations or restrictions on the arrangements which may be made by virtue of the regulations (including limitations or restrictions on the functions which may be the subject of such arrangements).
 
      (3) In this section-
 
 
    "area committee", in relation to a local authority, means a committee of the authority which has functions in respect of part of the area of the authority and which satisfies such other conditions as may be specified,
 
    "specified" means specified in regulations under this section.
Discharge of functions of and by another local authority.     17. - (1) The Secretary of State may by regulations make provision for or in connection with enabling an executive of a local authority (within the meaning of this Part), or a committee or specified member of such an executive, to arrange for the discharge of any functions which, under executive arrangements, are the responsibility of the executive-
 
 
    (a) by another local authority (within the meaning of section 101 of the Local Government Act 1972), or
 
    (b) by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
      (2) The Secretary of State may by regulations make provision for or in connection with enabling a local authority (within the meaning of section 101 of that Act) to arrange for the discharge of any of their functions by an executive of another local authority (within the meaning of this Part) or a committee or specified member of such an executive.
 
      (3) The reference in subsection (2) to the functions of a local authority, in a case where the authority is operating executive arrangements, is a reference to the functions which, under those arrangements, are not the responsibility of the authority's executive.
 
      (4) Regulations under subsection (1) or (2) may include provision-
 
 
    (a) requiring, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, the approval of the authority to such arrangements,
 
    (b) which, in the case of arrangements for the discharge of any functions by a local authority, enables any of those functions to be delegated,
 
    (c) which, in the case of arrangements for the discharge of any functions by an executive of a local authority or a committee or member of such an executive, enables any of those functions to be delegated.
      (5) The provision which may be made under subsection (4)(b) includes provision which applies or reproduces (with or without modifications) any provisions of section 101(2) to (4) of the Local Government Act 1972.
 
      (6) The provision which may be made under subsection (4)(c) includes provision which applies or reproduces (with or without modifications) any provisions of section 12(3) to (6), 13(5) to (9) or 14(3) and (4).
 
      (7) Nothing in subsection (4), (5) or (6) affects the generality of the power under subsection (1) or (2).
 
      (8) In this section "specified" means specified in regulations under this section.
 
Joint exercise of functions.     18. - (1) The Secretary of State may by regulations make provision for or in connection with permitting arrangements under section 101(5) of the Local Government Act 1972 where any of the functions which are the subject of the arrangements are the responsibility of an executive of a local authority under executive arrangements.
 
      (2) The provision which may be made under subsection (1) includes provision-
 
 
    (a) as to the circumstances in which the executive, or a committee or specified member of the executive, is to be a party to the arrangements in place of the authority,
 
    (b) as to the circumstances in which-
 
      (i) the authority, and
 
      (ii) the executive or a committee or specified member of the executive,
 
    are both to be parties to the arrangements,
 
    (c) as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of the Local Government Act 1972, so far as they relate to any joint committee falling within section 101(5)(a) of that Act, are instead to be exercised by the executive or a committee or specified member of the executive,
 
    (d) as to the circumstances in which any functions of the local authority under section 102(1)(b), (2) or (3) of that Act, so far as they relate to any such joint committee, are to be exercised by the authority,
 
    (e) as to the circumstances in which appointments to any such joint committee by the executive, or a committee or specified member of the executive, need not be made in accordance with the political balance requirements,
 
    (f) as to the persons (including officers of the authority) who may be appointed to any such joint committee by the executive or a specified member of the executive.
      (3) Nothing in subsection (2) affects the generality of the power under subsection (1).
 
      (4) In this section "specified" means specified in regulations under this section.
 
 
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