OpenLegislation

Schedule 4 CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF A COUNCIL'S EXECUTIVE

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FunctionCircumstances
1. The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy of a description referred to in regulation 4(1)(b) or Schedule 3.The council determines that the decision whether the plan or strategy should be adopted or approved should be taken by them.

2. The determination of any matter in the discharge of a function which—

  1. (a)

    is the responsibility of the executive; and

  2. (b)

    is concerned with the council's budget, or their borrowing or capital expenditure.

The individual or body by whom, by virtue of any of section 24 of the Local Government Act (Northern Ireland) 2014 M1 (allocation and discharge of functions) or provision made under section 26 of that Act (joint exercise of functions), the determination is to be made—

  1. (a)

    is minded to determine the matter contrary to or not wholly in accordance with—

    1. (i)

      the council's budget; or

    2. (ii)

      the plan or strategy for the time being approved or adopted by the council in relation to their borrowing or capital expenditure; and

  2. (b)

    is not authorised by the council's executive arrangements, financial regulations, standing orders or other rules or procedures to make a determination in those terms.

3. The determination of any matter in the discharge of a function—

  1. (a)

    which is the responsibility of the executive; and

  2. (b)

    in relation to which a plan or strategy (whether statutory or non-statutory) has been adopted or approved by the council.

The individual or body by whom, by virtue of any of section 24 of the Local Government Act (Northern Ireland) 2014 or provision made under section 26 of that Act, that determination is to be made, is minded to determine the matter in terms contrary to the plan or, as the case may be, the strategy adopted or approved by the council.

Annotations

Marginal citations

M1

2014 c. 8 (N.I.)