Local Government Act, 2001

Prior information to elected council.

138.—(1) The manager shall inform the elected council or joint body concerned—

(a) before any works (other than works of maintenance or repair) of the local authority or joint body concerned are undertaken, or

(b) before committing the local authority or joint body concerned to any expenditure in connection with proposed works (other than works of maintenance or repair).

(2) Subject to this section, an elected council or joint body may by resolution direct that, before the manager performs any specified executive function of the local authority or joint body, he or she shall inform the elected council or joint body, as the case may be, of the manner in which he or she proposes to perform that function, and the manager shall comply with the resolution.

(3) A resolution under subsection (2) may relate to any particular case or occasion or to every case or occasion of the performance of the specified executive function and may define what information is to be given and how and when it is to be given and the manager shall comply with the resolution.

(4) Nothing in this section prevents the manager from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action without regard to subsections (1) to (3).

(5) Without prejudice to the generality of subsection (4), an emergency situation for the purpose of that subsection shall be deemed to include a situation where, in the opinion of the manager, the works concerned are urgent and necessary (having regard to personal health, public health or safety considerations) in order to provide a reasonable standard of accommodation for any person.