Local Government Act 2001

Manager acting by signed order.

151

151.—(1) The F224[chief executive] shall in carrying out the executive functions for each local authority for which he or she is F224[chief executive] act by a written order signed and dated by him or her in respect of the functions to which this section applies.

(2) This section applies to every executive function which—

(a) is required by this or any other enactment to be done by order of a F224[chief executive],

(b) is mentioned in Schedule 15,

(c) is designated by order made by the Minister under subsection (9), or

(d) is considered by the F224[chief executive] to be of sufficient importance to be done by order.

(3) Every F224[chief executive] shall keep, in respect of each local authority for which he or she is F224[chief executive], a register in which is entered a copy of every order made by him or her in accordance with this section for such local authority.

(4) At every meeting of a local authority, there shall be available for inspection by the elected council so much of the register referred to in subsection (3) as contains any orders made by the F224[chief executive] since the last previous meeting of the local authority.

(5) Any member of a local authority is entitled on request to be furnished by the F224[chief executive] for the local authority with a copy of a particular order made by the F224[chief executive].

(6) Every document claiming to be an order made and signed by a F224[chief executive] shall—

(a) be received in evidence without proof of the signature of the person claiming to sign such document or that such person was such F224[chief executive], and

(b) until the contrary is proved, be deemed to be an order duly made and signed by such F224[chief executive] in accordance with this section and to have been so signed on the date stated in that document.

F225[(7) Every document claiming to be certified in writing

(a) by a chief executive to be a true copy of an order made by a chief executive in accordance with this section, or

(b) by a delegated employee in accordance with section 154 to be a true copy of an order made by a delegated employee in accordance with that section,

shall

(i) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such chief executive or such delegated employee, as the case may be, and

(ii) until the contrary is proved, be deemed to be evidence of the contents of the order of which it claims to be a copy and of the fact that such order was duly made and signed by such chief executive in accordance with this section or by such delegated employee in accordance with section 154, as the case may be, on the date stated in the certified copy.]

(8) The failure or omission to act by signed order in accordance with this section does not of itself operate to invalidate any action or decision taken by a F224[chief executive] or a local authority.

(9) The Minister may by order designate an executive function to be a function to which this section applies.

(10) Subject to the provisions of any other enactment, nothing in this section shall be read as precluding the revocation or amendment of an order made by a F224[chief executive] by a subsequent such order.

(11) Nothing in Schedule 15 shall be read as prejudicing the functions conferred on an elected council by this Act.

Annotations

Amendments:

F224

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 109-118, S.I. No. 214 of 2014.

F225

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 55, S.I. No. 214 of 2014.

Editorial Notes:

E292

Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 ref. 116 provides for the substitution of “chief executive” for “manager” in subs. (7). This amendment is obsolete as subs. (7) has been substituted by Local Government Reform Act 2014 (1/2014), s. 55, see F-note above.