Sch 2contains other provisions relevant to a subsidiary established by a council under this section.

Schedule 2 contains other provisions relevant to a subsidiary established by a council under this section. 43—Ability of councils to establish a regional subsidiary (1) Two or more councils (the constituent councils) may establish a regional subsidiary— (a) to provide a specified service or services or to carry out a specified activity or activities; or (b) to perform a function of the councils under this or another Act. (2) If a regional subsidiary is established to perform a regulatory activity of the constituent councils, the subsidiary cannot also perform a significant and related service activity. A service activity is related to a regulatory activity if the service is one that is regulated under the regulatory activity. (3) The establishment of a regional subsidiary under this section is subject to obtaining the approval of the Minister to the conferral of corporate status under this Act. (4) The establishment of a regional subsidiary does not derogate from the power of a constituent council to act in a matter. Schedule 2 contains other provisions relevant to a regional subsidiary established by two or more councils under this section. Division 4—Delegations 44—Delegations (1) A council may delegate a power or function vested or conferred under this or another Act. (a) to a council committee; or (b) to a subsidiary of the council; or (ba) to a joint planning board established under a planning agreement to which the council is a party; or (c) to an employee of the council; or (d) to the employee of the council for the time being occupying a particular office or position; or (e) to an authorised person. (3) However, a council may not delegate— (a) power to make a by‑law or to determine that a by‑law applies only within a part or parts of the area of the council; (b) power to declare rates or a charge with the character of a rate; (c) power to borrow money or to obtain other forms of financial accommodation; (d) power to adopt or revise a strategic management plan of the council; (da) power to adopt or revise an annual business plan or budget of the council; (e) power to approve expenditure of money on works, services or operations of the council not contained in a budget adopted by the council; (g) power to approve payment or reimbursement of expenses that may be paid at the discretion of the council and for which the council has not adopted a formal policy or made specific financial provision; (h) power to establish a subsidiary, or to participate in the establishment of a regional subsidiary; (i) power to make an application or recommendation, or to report or to give a notice, to the Governor or the Minister, being an application, recommendation, report or notice for which provision is made by or under this or another Act; (j) power to fix, vary or revoke a fee under section 188(1)(d) to (h); (ja) the power to revoke the classification of land as community land under section 194; (k) a power or function excluded from delegation by the regulations. (3a) A council must not delegate— (a) the power to enter into, or to vary or terminate, a building upgrade agreement on behalf of the council; or (b) the power to declare and levy a building upgrade charge under a building upgrade agreement, except to the chief executive officer and, despite subsection (4)(b), the chief executive officer cannot subdelegate these powers. (4) A delegation— (a) is subject to conditions and limitations determined by the council or specified by the regulations; and (b) if made to the chief executive officer authorises the subdelegation of the delegated power or function unless the council directs otherwise and if made to anyone else authorises the subdelegation of the delegated power or function with the approval of the council; and (c) is revocable at will and does not prevent the council from acting in a matter. (5) If a power or function is delegated to an employee of the council, the employee is responsible to the chief executive officer for the efficient and effective exercise or performance of that power or function. (6) The council must cause a separate record to be kept of all delegations under this section. (6a) The council may at any time, and must within 12 months after the conclusion of each periodic election, review the delegations for the time being in force under this section. (9) This section does not limit or affect a power of delegation under another Act.