42Exercise of functionsE+W
(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.
[F1(2A)In 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.
Textual Amendments
F1S. 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 etc. (not altering text)
C1S. 42(1)(2) applied (with modifications) (25.1.2016) by Local Government (Wales) Act 2015 (anaw 6), ss. 28(5), 46(1)
C2S. 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 Information
I1S. 42 in force at 15.1.2012 for E., see s. 240(1)(b)
I2S. 42 in force at 31.1.2012 for W. by S.I. 2012/193, art. 2(a)