PART 3SHADOW AUTHORITY, ITS TRANSITIONAL FUNCTIONS AND THEIR DISCHARGE
Duties of shadow authority: appointment of certain officers, etc.7
1
The shadow authority must designate in the cases below, on an interim basis, an officer of the county council or one of the district councils—
a
to be responsible for performing, in relation to the shadow authority, the duties imposed by—
i
subsections (2) and (3) of section 5 (designation and reports of monitoring officer) of the 1989 Act M1; 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
to be responsible for the administration of the financial affairs of the shadow authority (the “interim chief finance officer”);
c
to be head of the shadow authority's paid service and, accordingly, to be responsible for performing, in relation to the shadow authority, the duties imposed by subsections (2) and (4) of section 4 (designation and reports of head of paid service) of the 1989 Act (the “interim head of paid service”).
2
The shadow authority must before 1st April 2020 in the cases below appoint a person to become, on and after that date—
a
the Buckinghamshire Council's monitoring officer;
b
that council's chief finance officer;
c
that council's head of paid service.
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 and subsections (2) and (5) of section 5A of that Act apply in relation to—
a
the 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 were references to the shadow authority, its interim monitoring officer and the executive arrangements that it adopts pursuant to this Order.
5
Sections 114 to 115, 115B and 116 of the Local Government Finance Act 1988 M2 apply in relation to the 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 shadow authority;
b
references to a relevant authority included references to the shadow authority; and
c
references to joint committees were omitted.
6
Subsections (2) to (5) and (6) of section 4 of the 1989 Act apply in relation to the 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 shadow authority and its interim head of paid service.
F17
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