Local Government Act 2001

Reserved functions.

131

131.—(1)( a) F177 [ Subject to section 131A, the elected council of a local authority or the members of a joint body shall ] directly exercise and perform by resolution at a meeting of the local authority or body every function to which this section applies.

( b) The functions referred to in paragraph (a) shall be known as reserved functions of a local authority or of a joint body, as the case may be, and in this Act are referred to as “reserved functions”.

(2) This section applies to every function—

F177 [ ( a ) designated as a reserved function by any provision of the Local Government Acts 1925 to 2014 (including a designation by order under subsection (3)), a provision of any other Act that is to be construed together with those Acts, or as specified in Schedule 14 or, subject to section 131B(1), Schedule 14A, ]

( b) designated as a reserved function by any provision of any other enactment relating to a local authority or joint body;

( c) expressly made exercisable by resolution under this Act or under any other enactment relating to a local authority or joint body which was enacted after the 13th day of June, 1940.

(3)( a) The Minister may by order designate a specified function of local authorities or joint bodies to be a reserved function and for so long as an order is in force the function is a reserved function.

( b) Any order made under subsection (2) of section 41 of the Local Government Act, 1991 , or continued in force by subsection (5) of that section shall continue in force as if made under this subsection and may be amended or revoked accordingly.

F178 [ ( c ) An order under paragraph (a) may provide that a specified function designated by such order to be a reserved function may be performed, or shall be performed, as provided in the order, in respect of each municipal district in the county or the city and county, as the case may be, by the municipal district members concerned, subject to the provisions of subsections (4) to (6) of section 131A. ]

(4) Any reference to a reserved function in respect of a local authority or joint body in any enactment enacted before the commencement of this provision or to a function exercisable by resolution to which subsection (2)(c) applies shall be read as a reference to a reserved function for the purposes of this Act.

(5) For the purposes of this section “function” does not include a function relating to the employees of a local authority or joint body or the direction, supervision, service, remuneration or discipline of such employees or any of them, other than a function referred to in section 145(1) .