Local Government Act 2002

  • not the latest version
42 Chief executive

(1)

A local authority must, in accordance with clauses 33 and 34 of Schedule 7, appoint a chief executive.

(2)

A chief executive appointed under subsection (1) is responsible to his or her local authority for—

(a)

implementing the decisions of the local authority; and

(b)

providing advice to members of the local authority and to its community boards, if any; and

(c)

ensuring that all responsibilities, duties, and powers delegated to him or her or to any person employed by the local authority, or imposed or conferred by an Act, regulation, or bylaw, are properly performed or exercised; and

(d)

ensuring the effective and efficient management of the activities of the local authority; and

(e)

maintaining systems to enable effective planning and accurate reporting of the financial and service performance of the local authority; and

(f)

providing leadership for the staff of the local authority; and

(g)

employing, on behalf of the local authority, the staff of the local authority (in accordance with any remuneration and employment policy); and

(h)

negotiating the terms of employment of the staff of the local authority (in accordance with any remuneration and employment policy).

(2A)

In the case of a unitary authority for a district that includes 1 or more local board areas, a chief executive appointed under subsection (1) is also responsible to the unitary authority for—

(a)

implementing the decisions of each local board within the district of the unitary authority; and

(b)

implementing each local board agreement; and

(c)

providing advice to each local board and its members; and

(d)

providing the administrative and other facilities for each local board that are necessary for the board to carry out its functions and perform its duties.

(3)

A chief executive appointed under subsection (1) is responsible to his or her local authority for ensuring, so far as is practicable, that the management structure of the local authority—

(a)

reflects and reinforces the separation of regulatory responsibilities and decision-making processes from other responsibilities and decision-making processes; and

(b)

is capable of delivering adequate advice to the local authority to facilitate the explicit resolution of conflicting objectives.

(4)

For the purposes of any other Act, a chief executive appointed under this section is the principal administrative officer of the local authority.

Compare: 1974 No 66 ss 119C, 119D

Section 42(2)(g): amended, on 5 December 2012, by section 22(1) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 42(2)(h): amended, on 5 December 2012, by section 22(2) of the Local Government Act 2002 Amendment Act 2012 (2012 No 93).

Section 42(2A): inserted, on 8 August 2014, by section 16 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).