97.Section 35 provides the general principles for the exercise of the Authority's functions by the Mayor, by the Assembly or by the Mayor and the Assembly acting together. Section 36 provides for the procedures to be followed by the Assembly in preparing the Authority’s standing orders.
98.Section 37 and Schedule 4 provide for the discharge of the Mayor's functions when there is a vacancy in the office of Mayor or the Mayor is temporarily unable to act. In these circumstances paragraph 3 of Schedule 4 provides for there to be an “Acting Mayor”, who will be either the deputy Mayor or the Chair of the Assembly. There are certain functions of the Mayor which the “Acting Mayor” will not be able to exercise. These functions are set out in paragraphs 6 and 11 of Schedule 4: they are, the preparation of a consolidated budget for the Authority and the functional bodies; the preparation, alteration or replacement of any of the Mayor's strategies; and certain appointments including appointments to the functional bodies.
Commentary on Sections Part Ii: General Functions and Procedure Sections 35 to 37: Exercise of functions: general principles