Local Government Act, 2001

Manager acting by signed order.

151.—(1) The manager shall in carrying out the executive functions for each local authority for which he or she is manager 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 manager,

(b) is mentioned in Schedule 15,

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

(d) is considered by the manager to be of sufficient importance to be done by order.

(3) Every manager shall keep, in respect of each local authority for which he or she is manager, 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 manager 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 manager for the local authority with a copy of a particular order made by the manager.

(6) Every document claiming to be an order made and signed by a manager 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 manager, and

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

(7) Every document claiming to be certified in writing by a manager to be a true copy of an order made by a manager in accordance with this section shall—

(a) be received in evidence without proof of the signature of the person claiming so to certify or that such person was such manager, and

(b) 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 manager in accordance with this section 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 manager 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 manager 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.