Local Government (Charges) Act 2009

Delegation of functions of local authority relating to collection of charges, etc.

10.— (1) A local authority may delegate such one or more of its functions, other than the power to prosecute, relating to the collection of charges or late payment fees as it considers appropriate to a relevant board.

(2) A local authority shall, where the Minister so directs in writing, delegate to a relevant board such one or more of its functions, other than the power to prosecute, relating to the collection of charges or late payment fees as is specified in the direction.

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

(a) the relevant board shall perform the function concerned in accordance with any limitations specified in the delegation as to the area, period in which, or extent to which it is to perform that function, and

(b) a provision of or under this Act or any other enactment (whether passed before or after the passing of this Act) that vests functions in the local authority or regulates the manner in which any function is to be performed 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 relevant board, with the substitution of the relevant board for the local authority.

(4) A local authority may revoke a delegation under this section only if it has first obtained the consent of the Minister.

(5) A local authority shall, where the Minister so directs in writing, revoke a delegation under this section.

(6) The powers conferred on a local authority by this section shall be executive functions for the purposes of the Act of 2001.

(7) In this section “ relevant board ” means, as the context may require—

(a) the Local Government Computer Services Board established by the Local Government Computer Services Board (Establishment) Order 1975 ( S.I. No. 212 of 1975 ), and

(b) the Local Government Management Services Board established by the Local Government Management Services Board (Establishment) Order 1996 ( S.I. No. 410 of 1996 ),

or either of them.