OpenLegislation

Section 42 Exercise of functionsI1I2

England and Wales

(1)

The functions conferred on a relevant authority by this Chapter are not to be the responsibility of an executive of the authority under executive arrangements.

(2)

Section 101 of the Local Government Act 1972 (arrangements for discharge of functions by local authorities) does not apply to the function of passing a resolution under this Chapter.

(2A)

F1In the case of a relevant authority which is a corporate joint committee, regulation 13 of the Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (arrangements for the discharge of functions) does not apply to the function of passing a resolution under this Chapter.

(3)

The function of a fire and rescue authority within section 43(1)(i) of passing a resolution under this Chapter may not be delegated by the authority.

Annotations

Textual amendments

F1

S. 42(2A) inserted (3.12.2021) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2021 (S.I. 2021/1349), regs. 1(2), 12(1)(b)

Modifications

C1

S. 42(1)(2) applied (with modifications) (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 28(5), 46(1)

C2

S. 42(1)(2) applied (with modifications) (21.1.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), ss. 145(4), 175(1)(f)(2)

Commencement

I1

S. 42 in force at 15.1.2012 for E., see s. 240(1)(b)

I2

S. 42 in force at 31.1.2012 for W. by S.I. 2012/193, art. 2(a)