Local authority and reserved function

blastit

Question a friend of mine who is not on boards asked me. i do not know, do you guys?

Is a local authority obliged to accept the decision of the councillors about reserved functions or can the local authority choose not to accept

mari2222

the manager can choose not to give effect to the reserved function decision of the elected members of the authority but only in limited circumstances. these are mentioned elsewhere if you google.

nuac

mari2222 wrote: »

the manager can choose not to give effect to the reserved function decision of the elected members of the authority but only in limited circumstances. these are mentioned elsewhere if you google.

That applies to Section 140 resolutions ( the old Section 4 )

Manager can refuse to act on the resolution on grounds of unprovided expense,breach of development Plan, illegaliity etc.

Exercise of other reserved functions e.g. making of development plan, zoning, trav eller Accommodation Plan, is the prerogative of the elected members. Manager is entitled to comment on ( and in planning matters ) circulate his report to Councillors.

See Local Govt Act 2001

blastit

nuac wrote: »

That applies to Section 140 resolutions ( the old Section 4 )

Manager can refuse to act on the resolution on grounds of unprovided expense,breach of development Plan, illegaliity etc.

Exercise of other reserved functions e.g. making of development plan, zoning, trav eller Accommodation Plan, is the prerogative of the elected members. Manager is entitled to comment on ( and in planning matters ) circulate his report to Councillors.

See Local Govt Act 2001

In relation to parking charges. is it the councillors who make the resolution and then decide on it? Or the executive makes it and councillors decide?

Why would some thing illegal be proposed?

Victor

blastit wrote: »

In relation to parking charges. is it the councillors who make the resolution and then decide on it? Or the executive makes it and councillors decide?

As I understand it, the councillors decide. Who actually draws up the bye-laws or motion is irrelevant, but councillors often defer to management to do the nitty gritty. However, management can't just create a 'surprise' for the councillors as the matter would need to go through public consultation and the transport committee beforehand.

blastit

Victor wrote: »

As I understand it, the councillors decide. Who actually draws up the bye-laws or motion is irrelevant, but councillors often defer to management to do the nitty gritty. However, management can't just create a 'surprise' for the councillors as the matter would need to go through public consultation and the transport committee beforehand.

So management can make a motion to change parking bye laws and the councillors have the decsion?

Victor

blastit wrote: »

So management can make a motion to change parking bye laws and the councillors have the decsion?

Management can only draft it. It must be proposed and passed by the councillors. The councillors are free to amend it, although at times an amendment may mean it returns to public consultation or similar.

blastit

Victor wrote: »

Management can only draft it. It must be proposed and passed by the councillors. The councillors are free to amend it, although at times an amendment may mean it returns to public consultation or similar.

Thats what I was trying to say, thanks