Remedy
Start free

Section 9J: Secretary of State's power to prohibit delegation of functions etc

Local Government Act 2000 · 2000 c. 22View on legislation.gov.uk

Part 1A: Arrangements with respect to local authority governance in England — CHAPTER 3: The committee system

The Secretary of State may by regulations—

specify or describe any function of a committee system local authority that is to be a non-delegable function;
specify or describe cases or circumstances in which any specified or described function of a committee system local authority is to be a non-delegable function;
specify or describe any action in connection with the discharge of a function of a committee system local authority that is to be a non-delegable action;
specify or describe cases or circumstances in which any specified or described action in connection with the discharge of a function of a committee system local authority is to be a non-delegable action.

If a function or action is non-delegable—

it must be carried out by the local authority, and
such provisions of section 101 of the Local Government Act 1972 as may be specified in regulations under this section do not apply to it.

In this Part "committee system local authority" means a local authority that operates a committee system.

For the purposes of this section, something is specified or described if it is specified or described in regulations made by the Secretary of State under this section.

In this section—

  • "action" in relation to any function includes any action (of whatever nature and whether or not separately identified by any enactment) involving—

    (a)the taking of any step in the course of, or otherwise for the purposes of or in connection with, the discharge of the function,

    (b)the doing of anything incidental or conducive to the discharge of the function, or

    (c)the doing of anything expedient in connection with the discharge of the function or any action within paragraph (a) or (b);

  • "function" means a function of any nature, whether conferred or otherwise arising before, on or after this section comes into force.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.