sec.228Entering into a contract under a delegation

sec.228 Entering into a contract under a delegation

This section applies if the council delegates, under section 238 of the Act , power to make, amend or discharge a contract for the council. The chief executive officer may delegate a power delegated by the council. See the Act , section 239 . The delegate may make, amend or discharge a contract (the contractual action ) for the council if— the council’s expenditure because of the contractual action has been provided for in the approved annual budget for— the financial year when the contractual action is taken; or the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or the contractual action has been taken because of genuine emergency or hardship. The delegate may take the contractual action in the same way as an individual. This section does not affect another law that requires— an approval, consent or permission to be obtained; or a procedure to be complied with for taking the contractual action. (sec.228-ssec.1) This section applies if the council delegates, under section 238 of the Act , power to make, amend or discharge a contract for the council. The chief executive officer may delegate a power delegated by the council. See the Act , section 239 . (sec.228-ssec.2) The delegate may make, amend or discharge a contract (the contractual action ) for the council if— the council’s expenditure because of the contractual action has been provided for in the approved annual budget for— the financial year when the contractual action is taken; or the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or the contractual action has been taken because of genuine emergency or hardship. (sec.228-ssec.3) The delegate may take the contractual action in the same way as an individual. (sec.228-ssec.4) This section does not affect another law that requires— an approval, consent or permission to be obtained; or a procedure to be complied with for taking the contractual action.

• (a) the council’s expenditure because of the contractual action has been provided for in the approved annual budget for— (i) the financial year when the contractual action is taken; or (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
• (i) the financial year when the contractual action is taken; or
• (ii) the financial year in which the delegation is made, if the expenditure is within the limits stated in the resolution making the delegation; or
• (b) the contractual action has been taken because of genuine emergency or hardship.
• (i) the financial year when the contractual action is taken; or