|First||Previous (Chapter 2 Position of Manager)||Next (Chapter 4 Local Authority Personnel)|
LOCAL GOVERNMENT ACT, 2001
150. —In this Chapter—
“elected council” includes the members of a joint body;
“local authority” includes a joint body.
Manager acting by signed order.
151. —(1) The manager shall in carrying out the executive functions for each local authority for which he or she is manager act by a written order signed and dated by him or her in respect of the functions to which this section applies.
(2) This section applies to every executive function which—
(a) is required by this or any other enactment to be done by order of a manager,
(b) is mentioned in Schedule 15,
(c) is designated by order made by the Minister under subsection (9), or
(d) is considered by the manager to be of sufficient importance to be done by order.
(3) Every manager shall keep, in respect of each local authority for which he or she is manager, a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority.
(4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the manager since the last previous meeting of the local authority.
(5) Any member of a local authority is entitled on request to be furnished by the manager for the local authority with a copy of a particular order made by the manager.
(6) Every document claiming to be an order made and signed by a manager shall—
(a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such manager, and
(b) until the contrary is proved, be deemed to be an order duly made and signed by such manager in accordance with this section and to have been so signed on the date stated in that document.
(7) Every document claiming to be certified in writing by a manager to be a true copy of an order made by a manager in accordance with this section shall—
(a) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such manager, and
(b) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such manager in accordance with this section on the date stated in the certified copy.
(8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a manager or a local authority.
(9) The Minister may by order designate an executive function to be a function to which this section applies.
(10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a manager by a subsequent such order.
(11) Nothing in Schedule 15 shall be read as prejudicing the functions conferred on an elected council by this Act.
Attendance of manager at local authority meetings.
152. —(1) Every manager has the right—
(a) to attend and speak at meetings of a local authority for which he or she is manager, and
(b) to take part in its discussions,
but shall not be entitled to vote on any question which is decided by a vote of the members of such local authority.
(2) In so far as it is not inconsistent with the due performance of functions by a manager in relation to the local authorities for which he or she is manager, a manager shall attend—
(a) any meeting of a local authority for which he or she is manager where he or she is requested by the elected council of that local authority to attend, and
(b) any meeting of a committee of a local authority where he or she is requested by the elected council of that local authority to attend.
(3) Whenever a manager attends a meeting of a local authority or of a committee of the local authority in accordance with subsection (2)—
(a) he or she shall give to the elected council of such local authority or committee (as the case may be) such advice and assistance as shall reasonably be required of him or her by the council or committee (and the members of the council or committee shall have regard to that advice or assistance), and
(b) he or she shall arrange for the attendance at such meeting of such of the employees of the local authorities for which he or she is manager as may be appropriate having regard to the business to be transacted at that meeting.
(4) Without prejudice to section 154 , in this section “manager” includes an employee to whom the functions of the manager stand delegated in accordance with that section in respect of the local authority in question.
153. —(1) The manager for a local authority—
(a) shall act for and on behalf of the local authority in every action or other legal proceeding whether civil or criminal, instituted by or against the local authority, and
(b) may do all such acts, matters, and things as he or she may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he or she were the plaintiff, prosecutor, defendant or other party to that action or other proceeding.
(2) Where an action or other proceeding relates to the exercise or performance by the local authority of a reserved function, the manager for that authority shall, in the doing of any such act, matter, or thing referred to in subsection (1), act with the express authorisation of the elected council of such local authority, and in any proceedings such authorisation shall be deemed to have been given unless or until the contrary is shown.
Delegation of functions.
154. —(1) This section does not apply for the purposes of the appointment of a deputy manager, in respect of which section 148 applies.
(2) A manager for a local authority may by order delegate such of his or her functions as he or she thinks proper to an employee of any local authority for which he or she is manager and such person shall perform such duties as are appropriate to the functions so delegated and shall for that purpose and subject to this section act in place of the manager.
(3) Where a delegation is made under this section—
(a) the employee shall perform the delegated function under the general direction and control of the manager,
(b) the employee shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he or she is to perform that function,
(c) a provision of or under this or any other enactment which vests functions in the manager or regulates the manner in which any function is to be performed (including the making of an order under section 151 ) shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the employee, with the substitution of the employee for the manager and every such provision shall be read accordingly.
(4) Where a function is delegated under this section the function shall continue to be vested in the manager but shall be so vested concurrently with the employee to whom it is delegated and so as to be capable of being performed by either such manager or such employee.
(5) The manager may by order amend or revoke a delegation made under this section or made under any other provision repealed by this Act.
(6) Where a function is performed by an employee pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance in case the payment was made or authorised to be made or the loss or deficiency was caused, by the employee, the manager shall be treated as if he or she also had made or authorised the making of the payment or had caused the loss or deficiency.
(7) A delegation under this section may be made to a particular employee of a local authority or to the holder for the time being of a specified class, description or grade of employment under a local authority.
(8) Notification of a delegation under this section or of its subsequent amendment or revocation shall be given to the members of the local authority concerned.
(9) Any defect in a delegation or the absence of a delegation in respect of a function performed by an employee acting in good faith on behalf of the local authority does not of itself operate to invalidate any action or decision of the local authority.