S113 Local Government Act 1972 empowers one council to place at the disposal of another, for the purposes of the latter’s functions, the services of officers employed by the first. No such arrangement may be entered into without prior consultation with the officer or officers concerned: see section 113(1) of the 1972 Act.
A Council A officer whose services are placed at the disposal of Council B in pursuance of section 113(1) of the 1972 Act is treated, for the purposes of any enactment relating to the discharge of local authority functions, as an officer of Council B: see s113(2) of the 1972 Act.
Such an officer may therefore:
(a) pursuant to s101(10) of the 1972 Act, discharge functions vested in Council A which are delegated to him/her by Council A or its social services committee;
(b) pursuant to s101(10) of the 1972 Act and s113(1)(2) of the 1972 Act, discharge functions vested in Council B which are delegated to him/her by Council B or its social services committee.
These particular assertions are premised on the view that s113 of the 1972 Act permits an officer to be treated, at one and the same time, as an officer of both his/her employing local authority and as an officer of the local authority to whom his/her services are made available pursuant to a s113 agreement, for the purposes of the discharge of both of their respective functions. The contrary is arguable in view of the wording of section 113(2) which provides that such an officer shall be treated (save for superannuation purposes) as an officer of the local authority to whom his/her services are made available.
Councils are also empowered to provide “administrative, professional or technical services” to other Councils: see s1(1)(b) of the Local Authorities (Goods and Services) Act 1970. However, neither the supplying Council nor officers employed by that Council pursuant to that section, are able formally to discharge functions vested in that other Council – only to provide assistance. Councils are empowered to employ officers necessary for the proper discharge of their own functions, the functions exercisable by any joint committee, sub-committee or joint sub-committee established pursuant to s4 of the 1970 Act, or to carry out their obligations under a s113 (of the 1972 Act) agreement: see >s112(1) of the 1972 Act. They are not empowered, however, to employ officers for the purpose of making administrative, professional or technical services available to other councils: see s112(1)(6). The Local Authorities (Goods & Services) Act 1970 is limited in its scope to making available to another public body the services of officers already employed by the provider local authority for (other) proper purposes.
Specifically related questions:
>Do local authorities and health care commissioners have to provide a service mentioned in a statute directly, or can they contract for all of it or delegate it to others?
>If no approved partnership flexibilities have been obtained, is there any other lawful way for a local authority to discharge functions common to both it and the health authority or PCT, such as in the aids and equipment field, (or vice versa)?
>Can local authorities make lawful arrangements for
a) two local authorities to provide for the joint discharge of each of their respective functions?
b) one local authority to discharge its functions by another local authority or officer employed by that authority?