Article 21 Duties of the East Surrey shadow authority: appointment of certain officers

(1)

At its first meeting, the East Surrey shadow authority must designate on an interim basis—

(a)

an officer of the county council or an officer of one of the East Surrey councils to be responsible for performing, in relation to the East Surrey shadow authority, the duties imposed by—

(i)

subsections (2) and (3) of section 5 of the 1989 Act^f1 (designation and reports of monitoring officer); and

(ii)

subsections (2) and (5) of section 5A of the 1989 Act (reports of monitoring officer - local authorities operating executive arrangements),

as applied by paragraph (4) (the “interim monitoring officer”);

(b)

an officer of the county council or an officer of one of the East Surrey councils to be responsible for the administration of the financial affairs of the East Surrey shadow authority (the “interim chief finance officer”);

(c)

an officer of the county council or an officer of one of the East Surrey councils to be head of the East Surrey shadow authority’s paid service and, accordingly, to be responsible for performing, in relation to the East Surrey shadow authority, the duties imposed by subsections (2) and (4) of section 4 of the 1989 Act (designation and reports of head of paid service) (the “interim head of paid service”).

(2)

The East Surrey shadow authority must before 31st December 2026 appoint—

(a)

East Surrey Council’s monitoring officer,

(b)

East Surrey Council’s chief finance officer, and

(c)

East Surrey Council’s head of paid service,

and each appointment is to take effect from the date of such appointment.

(3)

A designation under paragraph (1) ceases to have effect on the day on which a person (who may be the same person as the designated officer) is appointed under paragraph (2) to discharge responsibilities equivalent to those of the designated officer.

(4)

Subsections (2) to (7) of section 5 of the 1989 Act (designation and reports of monitoring officer) and subsections (2) and (5) of section 5A of that Act (reports of monitoring officer - local authorities operating executive arrangements) apply in relation to—

(a)

the East Surrey shadow authority;

(b)

its interim monitoring officer; and

(c)

its executive arrangements,

as they apply in relation to a relevant authority and the monitoring officer and executive arrangements of a relevant authority as if references in those subsections to a relevant authority and the monitoring officer and executive arrangements of a relevant authority were references to the East Surrey shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to this Order.

(5)

Sections 114, 115, 115B and 116 of the Local Government Finance Act 1988^f2 (financial administration, duties and functions) apply in relation to the East Surrey shadow authority and its interim chief finance officer as if—

(a)

references to the chief finance officer of a relevant authority included references to the interim chief finance officer of the East Surrey shadow authority;

(b)

references to a relevant authority included references to the East Surrey shadow authority; and

(c)

references to joint committees were omitted.

(6)

Subsections (2) to (5) and (6) of section 4 of the 1989 Act (designation and reports of head of paid service) apply in relation to the East Surrey shadow authority and its interim head of paid service as they apply in relation to a relevant authority and its head of paid service as if references in those subsections to a relevant authority and its head of paid service were references to the East Surrey shadow authority and its interim head of paid service.

Annotations

Footnotes

f1: Relevant amendments, including the insertion of section 5A, were made by S.I. 2001/2237, article 23.
f2: 1988 c. 41. Relevant amendments were made by the Local Government and Housing Act 1989, section 139 and Schedule 5, and by the Local Government Act 2003 (c. 26), section 30 and S.I. 2001/2237.