Commentary on Sections Part 6: Performance and Governance Of Principal Councils Chapter 1: Performance, Performance Assessments and Intervention Section 108 – Exercise of functions under this Chapter
501.This section provides that functions conferred on a principal council under this Chapter (other than functions conferred on a governance and audit committee) may be undertaken by the council or its executive, as decided by the council.
502.Subsections (2) to (4) provide that the functions listed in subsection (4) are not subject to the provisions of section 101 of the 1972 Act or sections 14 and 15 of the 2000 Act.
503.This means that if the council decides that one of those listed functions is to be the responsibility of the council, it may not be delegated to a committee or sub-committee or an officer of the council, or to another principal council. Similarly, if the council decides that one of those listed functions is to be the responsibility of the council’s executive, it may not be allocated to, for example, a committee of the executive or an officer of the council.