Local Government Act, 2001

Delegation of functions.

154.—(1) This section does not apply for the purposes of the appointment of a deputy manager, in respect of which section 148 applies.

(2) A manager for a local authority may by order delegate such of his or her functions as he or she thinks proper to an employee of any local authority for which he or she is manager and such person shall perform such duties as are appropriate to the functions so delegated and shall for that purpose and subject to this section act in place of the manager.

(3) Where a delegation is made under this section—

(a) the employee shall perform the delegated function under the general direction and control of the manager,

(b) the employee shall perform the delegated function in accordance with such (if any) limitations as may be specified in the delegation as to the area or period in which or the extent to which he or she is to perform that function,

(c) a provision of or under this or any other enactment which vests functions in the manager or regulates the manner in which any function is to be performed (including the making of an order under section 151 ) shall, if and in so far as it is applicable to the delegated function, have effect, for the purposes of the performance of that function by the employee, with the substitution of the employee for the manager and every such provision shall be read accordingly.

(4) Where a function is delegated under this section the function shall continue to be vested in the manager but shall be so vested concurrently with the employee to whom it is delegated and so as to be capable of being performed by either such manager or such employee.

(5) The manager may by order amend or revoke a delegation made under this section or made under any other provision repealed by this Act.

(6) Where a function is performed by an employee pursuant to a delegation under this section and any surcharge or charge subsequently falls to be made consequent on such performance in case the payment was made or authorised to be made or the loss or deficiency was caused, by the employee, the manager shall be treated as if he or she also had made or authorised the making of the payment or had caused the loss or deficiency.

(7) A delegation under this section may be made to a particular employee of a local authority or to the holder for the time being of a specified class, description or grade of employment under a local authority.

(8) Notification of a delegation under this section or of its subsequent amendment or revocation shall be given to the members of the local authority concerned.

(9) Any defect in a delegation or the absence of a delegation in respect of a function performed by an employee acting in good faith on behalf of the local authority does not of itself operate to invalidate any action or decision of the local authority.