The Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001

Made: 21st June 2001

Coming into force: 28th July 2001

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 13, 105 and 106 of the Local Government Act 2000[^f00001].

Name, commencement, application and interpretation

1

• (1) These Regulations are called the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 and shall come into force on 28th July 2001.

• (2) These Regulations apply to local authorities in Wales.

• (3) In these Regulations—

• “the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972[^f00002];

• “the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 1998[^f00003];

• “the 1990 Regulations” (“Rheoliadau 1990”) means the Local Government (Committees and Political Groups) Regulations 1990 [^f00004].

Functions not to be the responsibility of an authority’s executive

2

• (1) The functions specified in column (1) of Schedule 1 to these Regulations by reference to the enactments specified in relation to those functions in column (2) are not to be the responsibility of an executive of an authority.

• (2) The functions of—

• (a) imposing any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted—

• (i) in the exercise of a function specified in column (1) of Schedule 1; or

• (ii) otherwise than by an executive of the authority, in the exercise of any function under a local Act; and

• (b) determining any other terms to which any such approval, consent, licence, permission or registration is subject,

are not to be the responsibility of an executive of the authority.

• (3) The function of determining whether, and in what manner, to enforce—

• (a) any failure to comply with an approval, consent, licence, permission or registration granted as mentioned in paragraph (2)(a);

• (b) any failure to comply with a condition, limitation, term to which any such approval, consent, licence, permission or registration is subject, or

• (c) any other contravention in relation to a matter with regard to which the function of determining an application for approval, consent, licence, permission or registration would not be the responsibility of an executive of the authority,

is not to be the responsibility of an executive of the authority.

• (4) The function of—

• (a) amending, modifying or varying any such approval, consent, licence, permission or registration as mentioned in paragraph (2), or any condition, limitation, restriction or term to which it is subject; or

• (b) revoking any such approval, consent, licence, permission or registration,

is not to be the responsibility of an executive of the authority.

• (5) The function of making any scheme authorised or required by regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 1989[^f00005], or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.

• (6) The functions of determining—

• (a) the amount of any allowance payable under—

• (i) subsection (5) of section 3 (chairman’s expenses) of the 1972 Act;

• (ii) subsection (4) of section 5 (vice-chairman’s expenses) of that Act;

• (iii) subsection (4) of section 173 (financial loss allowance) of that Act[^f00006];

• (iv) section 175 (allowances for attending conferences and meetings) of that Act;

• (b) the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act;

• (c) the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments by way of any such allowance are to be made;

• (d) whether a charge should be made for any approval, consent, licence, permit or registration the issue of which is not the responsibility of an executive of the authority; and

• (e) where a charge is made for any such approval, consent, licence, permit or registration, the amount of the charge,

are not to be the responsibility of an executive of the authority.

• (7) Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5) or (6)(a) to (c).

• (8) Subject to any provision of regulations under section 20 (joint exercise of functions) of the Local Government Act 2000, the function of—

• (a) making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act, and

• (b) making appointments under section 102 (appointment of committees) of the 1972 Act,

is not to be the responsibility of an executive of the authority.

• (9) Unless otherwise provided by any other provision of these Regulations, a function of a local authority which, by virtue of any enactment (passed or made before the making of these Regulations) may be discharged only by an authority, is not to be the responsibility of an executive of the authority.

• (10) In paragraphs (1) and (9), “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation.

Functions which may be the responsibility of an authority’s executive

3

• (1) The functions specified in Schedule 2 may be (but need not be) the responsibility of an executive of the authority.

• (2) Nothing in these Regulations shall prevent a local authority from exercising those functions delegated to an executive of the authority.

Functions not to be the sole responsibility of an authority’s executive

4

• (1) In connection with the discharge of the function—

• (a) of formulating or preparing a plan, scheme or strategy, of a description specified in column (1) of Schedule 3 to these Regulations;

• (b) of formulating a plan or strategy for the control of the authority’s borrowing or capital expenditure; or

• (c) of formulating or preparing any other plan, scheme or strategy whose adoption or approval is, by virtue of regulation 5(1), a matter for determination by the authority,

the actions designated by paragraph (3) (“the paragraph (3) actions”) shall not be the responsibility of an executive of the authority.

• (2) Except to the extent of the paragraph (3) actions, any such function as is mentioned in paragraph (1) shall be the responsibility of such an executive.

• (3) The actions designated by this paragraph are—

• (a) the giving of instructions requiring the executive to reconsider any draft plan, scheme or strategy submitted by the executive for the authority’s consideration;

• (b) the amendment of any draft plan, scheme or strategy submitted by the executive for the authority’s consideration;

• (c) the approval, for the purpose of its submission to the National Assembly or any Minister of the Crown for approval, of any plan, scheme or strategy (whether or not in the form of a draft) of which any part is required to be so submitted;

• (d) the adoption (with or without modification) of the plan, scheme or strategy).

• (4) The function of amending, modifying, varying or revoking any plan, scheme or strategy of a description referred to in paragraph (1), (whether approved or adopted, before or after the coming into force of these Regulations)—

• (a) shall be the responsibility of an executive of the authority to the extent that the making of the amendment modification variation or revocation—

• (i) is required for giving effect to requirements of the National Assembly or a Minister of the Crown in relation to a plan, scheme or strategy submitted for approval, or to any part so submitted; or

• (ii) is authorised by a determination made by the authority when making the arrangements or approving or adopting the plan, scheme or strategy, as the case may be; and

• (b) shall not be the responsibility of such an executive to any other extent.

• (5) Except to the extent mentioned in paragraph (6), the function of making an application—

• (a) under subsection (5) of section 135 (programmes for disposals) of the Leasehold Reform, Housing and Urban Development Act 1993[^f00007]; or

• (b) under section 32 (power to dispose of land held for the purposes of Part II) or section 43 (consent required for certain disposals not within section 32) of the Housing Act 1985[^f00008],

shall be the responsibility of an executive of the authority.

• (6) The extent mentioned in this paragraph is the authorisation of the making of the application.

• (7) The function of making such an application as is referred to in paragraph (5), to the extent mentioned in paragraph (6), shall not be the responsibility of an executive of the authority.

• (8) Section 101 of the 1972 Act shall not apply with respect to the discharge—

• (a) of a function specified in paragraph (1) to the extent that, by virtue of that paragraph, it is not the responsibility of an executive of the authority;

• (b) of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of an executive of the authority.

• (9) In connection with the discharge of the function of—

• (a) making a calculation in accordance with any of sections 32 to 37, 43 to 49, 52I, 52J, 52T and 52U of the Local Government Finance Act 1992[^f00009] or any of sections 43 to 51 or section 61 of that Act, whether originally or by way of substitute; or

• (b) issuing a precept under Chapter IV of that Part,

the actions designated by paragraph (11) (“the paragraph (11) actions”) shall be the responsibility of an executive of the authority.

• (10) Except to the extent of the paragraph (11) actions, any such function as is mentioned in paragraph (9) shall not be the responsibility of such an executive of the authority.

• (11) The actions designated by this paragraph are—

• (a) the preparation, for submission to the authority for their consideration, of—

• (i) estimates of the amounts to be aggregated in making the calculation or of other amounts to be used for the purposes of the calculation;

• (ii) the amounts required to be stated in the precept;

• (b) the reconsideration of those estimates and amounts in accordance with the authority’s requirements;

• (c) the submission for the authority’s consideration of revised estimates and amounts.

Discharge of executive functions by authorities

5

• (1) Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 (which, but for this paragraph, might be the responsibility of an executive of the authority), shall not be the responsibility of such an executive in the circumstances specified in column (2) in relation to that function.

• (2) Paragraph (1) shall not apply in relation to the discharge of a function of the description specified in paragraph 3 of column (1) of Schedule 4 where—

• (a) the circumstances which render necessary the making of the determination may reasonably be regarded as urgent; and

• (b) the individual or body by whom the determination is to be made has obtained from the chairman of a relevant overview and scrutiny committee or, if there is no such person, or if the chairman of every relevant overview and scrutiny committee is unable or unwilling to act, from the chairman of the authority or, in that person’s absence, from the vice-chairman, a statement in writing that the determination needs to be made as a matter of urgency.

• (3) In paragraph (2) “relevant overview and scrutiny committee” means an overview and scrutiny committee of the authority concerned whose terms of reference include the power to review or scrutinise decisions or other action taken in the discharge of the function to which the determination relates.

• (4) The individual or body by whom a determination is made pursuant to paragraph (2) shall, as soon as reasonably practicable after the making of the determination, submit to the authority a report which shall include particulars of—

• (a) the determination;

• (b) the emergency or other circumstances in which it was made; and

• (c) the reasons for the determination.

• (5) Section 101 of the 1972 Act shall not apply with respect to the discharge of a function referred to in paragraph (1) which, by virtue of that paragraph, is not the responsibility of an executive of the authority.

SCHEDULE 1 — FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

1

Power to determine applications for planning permission.

2

Power to determine applications to develop land without compliance with conditions previously attached.

3

Power to grant planning permission for development already carried out.

4

Power to decline to determine applications for planning permission.

5

Duties relating to the making of determinations of planning applications.

6

Power to determine applications for planning permission made by a local authority, alone or jointly with another person.

7

Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.

8

Power to enter into agreements regulating development or use of land.

9

Power to issue a certificate of existing or proposed lawful use or development.

10

Power to serve a completion notice.

11

Power to grant consent for the display of advertisements.

12

Power to authorise entry onto land.

13

Power to require the discontinuance of a use of land.

14

Power to serve a planning contravention notice, breach of condition notice or stop notice.

15

Power to issue an enforcement notice.

16

Power to apply for an injunction restraining a breach of planning control.

17

Power to determine applications for hazardous substances consent, and related powers.

18

Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.

19

Power to require proper maintenance of land.

20

Power to determine applications for listed building consent, and related powers.

21

Power to determine applications for conservation area consent.

22

Duties relating to applications for listed building consent and conservation area consent.

23

Power to serve a building preservation notice, and related powers.

24

Power to issue enforcement notice in relation to demolition of unlisted building in conservation area.

25

Powers to acquire a listed building in need of repair and to serve a repairs notice.

26

Power to apply for an injunction in relation to a listed building.

27

Power to execute urgent works.

28

Power related to mineral working.

29

Power related to footpaths and bridleways.

30

Power as to certification of appropriate alternative development.

31

Power to serve purchase orders.

32

Powers related to blight notices.

33

Power to authorise erection of stiles etc on footpaths or bridleways.

1

Power to issue licences authorising the use of land as a caravan site (“site licences”).

2

Power to license the use of moveable dwellings and camping sites.

3

Power to license hackney carriages and private hire vehicles.

4

Power to license drivers of hackney carriages and private hire vehicles

5

Power to license operators of hackney carriages and private hire vehicles.

6

Power to register pools promoters.

7

Power to grant track betting licences.

8

Power to license inter-track betting schemes.

9

Power to grant permits in respect of premises with amusement machines.

10

Power to register societies wishing to promote lotteries.

11

Power to grant permits in respect of premises where amusements with prizes are provided.

12

Power to issue cinema and cinema club licences.

13

Power to issue theatre licences.

14

Power to issue entertainments licences.

15

Power to license sex shops and sex cinemas.

16

Power to license performances of hypnotism.

17

Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

18

Power to license pleasure boats and pleasure vessels.

19

Power to license market and street trading.

20

Power to license night cafes and take-away food shops.

21

Duty to keep list of persons entitled to sell non-medicinal poisons.

22

Power to license dealers in game and the killing and selling of game.

23

Power of register and license premises for the preparation of food.

24

Power to license scrap yards.

25

Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

26

Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

27

Power to issue fire certificates.

28

Power to license premises for the breeding of dogs.

29

Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

30

Power to register animal trainers and exhibitors.

31

Power to license zoos.

32

Power to license dangerous wild animals.

33

Power to license knackers' yards.

34

Power to license the employment of children.

35

Power to approve premises for the solemnisation of marriages.

36

Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to—

• (a) an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c. 67) or

• (b) an order under section 147 of the Inclosure Act 1845 (c. 8 & 9 Vict. c. 118).

37

Power to register variation of rights of common.

38

Power to license persons to collect for charitable and other causes.

39

Power to grant consent for the operation of a loudspeaker.

40

Power to grant a street works licence.

41

Power to license agencies for the supply of nurses.

42

Power to issue licences for the movement of pigs.

43

Power to license the sale of pigs.

44

Power to license collecting centres for the movement of pigs.

45

Power to issue a licence to move cattle from a market.

46

Power to permit deposit of builder’s skip on highway.

47

Power to license planting, retention and maintenance of trees etc. in part of highway.

48

Power to license works in relation to buildings etc. which obstruct the highway.

49

Power to consent to temporary deposits or excavations in streets.

50

Power to dispense with obligation to erect hoarding or fence.

51

Power to restrict the placing of rails, beams etc. over highways.

52

Power to consent to construction of cellars etc. under street.

53

Power to consent to the making of openings into cellars etc. under streets and pavement lights and ventilators.

54

Power to sanction use of parts of buildings for storage of celluloid.

55

Power to approve meat product premises.

56

Power to approve premises for the production of minced meat or meat preparations.

57

Power to approve dairy establishments.

58

Power to approve egg product establishments.

59

Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.

60

Power to approve fish products premises.

61

Power to approve dispatch or purification centres.

62

Power to register fishing vessels on board which shrimps or molluscs are cooked.

63

Power to approve factory vessels and fishery product establishments.

64

Power to register auction and wholesale markets.

65

Duty to keep register of food business premises.

66

Power to register food business premises.

1

Duty to appoint an electoral registration officer.

2

Power to assign officers in relation to requisitions of the registration officer.

3

Power to dissolve community councils

4

Power to make orders for grouping communities

5

Power to make orders for dissolving groups and separating community councils from groups.

6

Duty to appoint returning officer for local government elections.

7

Duty to provide assistance at European Parliamentary elections

8

Duty to divide constituency into polling districts.

9

Power to divide electoral divisions into polling districts at local government elections.

10

Powers in respect of holding of elections.

11

Power to pay expenses properly incurred by electoral registration officers.

12

Power to fill vacancies in the event of insufficient nominations.

13

Duty to declare vacancy in office in certain cases.

14

Duty to give public notice of a casual vacancy.

15

Power to make temporary appointments to community councils.

16

Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.

17

Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.

18

Miscellaneous electoral functions under Part II, SI 1999/450

1

Power to change the name of a county, or county borough

2

Power to change the name of a community.

3

Power to confer title of honorary alderman or to admit to be an honorary freeman.

4

Power to petition for a charter to confer county borough status.

1

Functions relating to local government pensions, etc.

2

Functions under the Fireman’s Pension Scheme relating to pensions, etc. as respects persons employed as members of fire brigades maintained pursuant to section 4 of the Fire Services Act 1947.

1

Power to create footpaths and bridleways.

2

Power to stop up footpaths and bridleways.

3

Power to divert footpaths and bridleways.

4

Duty to assert and protect the rights of the public to use and enjoyment of highways.

5

Powers relating to the removal of things so deposited on highways as to be a nuisance.

6

Duty to keep a definitive map and statement under review.

7

Duty to reclassify roads used as public paths.

8

Duty to approve authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).

9

Functions relating to sea fisheries.

10

Powers relating to the preservation of trees.

11

Powers relating to the protection of important hedgerows.

12

Power to make limestone pavement order.

13

Power to make standing orders.

14

Power to appoint staff.

15

Power to make standing orders as to contracts.

16

Power to consider adverse reports from the Local Commissioner.

SCHEDULE 2 — FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

1

Any function under a local Act other than a function specified or referred to in Schedule 1.

2

The determination of an appeal against any decision made by or on behalf of the authority.

3

The appointment of review boards under regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 1998[^f00055].

4

The making of arrangements pursuant to subsection (1) of section 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (appeals against exclusion of pupils).

5

The making of arrangements pursuant to section 94(1) and (4) of, and Schedule 24 to, the School Standards and Framework Act 1998 (admission appeals).

6

The making of arrangements pursuant to section 95(2) of, and Schedule 25 to, the School Standards and Framework Act 1998 (children to whom section 87 applies: appeals by governing bodies).

7

The making of arrangements under section 20 (questions on police matters at council meetings) of the Police Act 1996[^f00056] for enabling questions to be put on the discharge of the functions of a police authority.

8

The making of appointments under paragraphs 2 to 4 (appointment of members by relevant councils) of Schedule 2 (police authorities established under section 3) to the Police Act 1996.

9

The conducting of best value reviews in accordance with the provisions of any order for the time being having effect under section 5 (best value reviews) of the Local Government Act 1999[^f00057].

10

Any function relating to contaminated land[^f00058].

11

The discharge of any function relating to the control of pollution or the management of air quality[^f00059].

12

The service of an abatement notice in respect of a statutory nuisance[^f00060].

13

The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area[^f00061].

14

The inspection of the authority’s area to detect any statutory nuisance[^f00062].

15

The investigation of any complaint as to the existence of a statutory nuisance[^f00063].

16

The obtaining of information under section 330 of the Town and Country Planning Act 1990[^f00064] as to interests in land.

17

The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976[^f00065].

18

The making of agreements for the execution of highways works[^f00066].

19

The appointment of any individual—

• (a) to any office other than an office in which he is employed by the authority;

• (b) to any body other than—

• (i) the authority;

• (ii) a joint committee of two or more authorities; or

• (c) to any committee or sub-committee of such a body,

and the revocation of any such appointment.

20

Power to make payments or provide other benefits in cases of maladministration etc[^f00067].

21

The discharge of any function by an authority acting as a harbour authority.

SCHEDULE 3 — FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

(1)	(2)
Plans and strategies	Reference
Behaviour Support Plans	Section 527A of the Education Act 1996
Best Value Performance Plan	Section 6(1) of the Local Government Act 1999 (c. 27)
Children’s Services Plan	Paragraph 1A of Schedule 2 to the Children Act 1989 (c. 41).
Community Care Plan	Section 46 of the National Health Service & Community Care Act 1990 (c. 19).
Community Strategy	Section 4 of the Local Government Act 2000 (c. 22).
Crime and Disorder Reduction Strategy	Sections 5 and 6 of the Crime and Disorder Act 1998 (c. 37).
Early Years Development Plan	Section 120 of the School Standards and Framework Act 1998.
Education Strategic Plan	Section 6 of the School Standards and Framework Act 1998.
Food Law Enforcement Service Plan	Section 12 of the Food Standards Act 1999 (c. 28).
Local Transport Plan	Section 92 of the Transport Act 2000 )
School Organisation Plan	Section 26 of the School Standards and Framework Act 1998
Plans and alterations which together comprise the Development Plan	Section 10A of the Town and Country Planning Act 1990
Welsh Language Scheme	Section 5 of the Welsh Language Act 1993
Youth Justice Plan	Section 40 of the Crime and Disorder Act 1998 (c. 37).

SCHEDULE 4 — CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

1

The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy for the control of the authority’s borrowing or capital expenditure or referred to in Schedule 3.

2

The determination of any matter in the discharge of a function which—

• (a) is the responsibility of the executive; and

• (b) is concerned with the authority’s budget, or their borrowing or capital expenditure.

3

The determination of any matter in the discharge of a function—

• (a) which is the responsibility of the executive; and

• (b) in relation to which a plan or strategy (whether statutory or non-statutory) has been adopted or approved by the authority.

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00010].

D. Elis-Thomas — The Presiding Officer of the National Assembly — 21st June 2001

Explanatory note

(This note does not form part of the Regulations)

Part II of the Local Government Act 2000 provides for the discharge of a local authority’s functions by an executive of the authority (which must take one of the forms specified in section 11(2) to (5) of the Act) unless those functions are specified as functions that are not to be the responsibility of the authority’s executive.

These Regulations specify functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of such an executive only to a limited extent or only in specified circumstances.

Regulation 2(1) of these Regulations provides that the functions listed in Schedule 1 (“Schedule 1 functions”) are not to be the responsibility of an authority’s executive.

Regulation 2(2) provides that the function of imposing conditions, limitations, restrictions or other terms on any approval, consent, licence, permission or registration granted or issued in the exercise of Schedule 1 functions, or functions under a local Act (unless in that case the approval, consent, licence, permission or registration was granted or issued by an authority’s executive), is not to be the responsibility of an authority’s executive.

Regulation 2(3) provides that the function of determining whether, and in what manner, to enforce contraventions of approvals, consents, licences, permissions or registrations granted or issued in the exercise of Schedule 1 functions, or functions under a local Act (unless in that case the approval, consent, licence, permission or registration was granted or issued by an authority’s executive), is not to be the responsibility of an authority’s executive. It also provides that the function of determining whether, and in what manner, to enforce other contraventions, in relation to matters for which an approval, consent, licence, permission or registration should have been sought, is not to be the responsibility of an authority’s executive where the approval, consent, licence, permission or registration could have been granted in the exercise of Schedule 1 functions.

Regulation 2(4) provides that the function of amending, modifying, varying or revoking any approval, consent, licence, permission or registration to which regulation 2(2) applies is not to be the responsibility of an authority’s executive.

Regulation 2(5) provides that the function of making any scheme authorised or required by regulations under section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members) or of amending, revoking or replacing any such scheme, is not to be the responsibility of an authority’s executive.

Regulation 2(6) provides that the function of determining the amount of various allowances payable to members of local authorities under the Local Government Act 1972 (“the 1972 Act”), the rates at which certain payments under that Act by way of allowances are to be made, the amounts payable under schemes under section 18 of the Local Government and Housing Act 1989 and the rates of payments under such schemes, are not to be the responsibility of an authority’s executive. It also provides that the function of determining whether a charge should be made for any approval, consent, licence, permit or registration granted or issued in the exercise of Schedule 1 functions, and the amount of any such charge, are not to be the responsibility of an authority’s executive.

The effect of regulation 2(7) is to prevent an authority from arranging for the discharge of the functions specified in regulation 2(5) or (6) (a) to (c) by a committee, sub-committee or officer. (Other functions referred to in regulation 2 which are not the responsibility of an authority’s executive may be discharged by a committee, sub-committee or officer of the authority under arrangements under section 101 of the 1972 Act.)

Regulation 2(8) provides, with one exception, that the making of arrangements for the discharge of functions under section 101(5) of the 1972 Act and the appointment of Committees under section 102 of the 1972 Act is not to be the responsibility of an authority’s executive. The exception related to provision made in regulations under section 20 of the Local Government Act 2000, which may allow the executive of an authority to make appointments under section 102 of the 1972 Act.

Paragraph (9) of regulation 2 provides that, unless permitted by another provision of the Regulations, any other function which, by virtue of any Act of Parliament or subordinate legislation may be discharged only by an authority, is not to be the responsibility of an authority’s executive.

Regulation 3(1) provides that the functions mentioned in Schedule 2 may be (but need not be) the responsibility of an authority’s executive.

Paragraphs (1) to (3) of regulation 4 allocate responsibility for various aspects of functions relating to the formulation and preparation of plans and strategies, of the descriptions specified in Schedule 3, between an authority and their executive. They also apply to other plans and strategies whose adoption or approval is a matter for determination by the authority themselves in accordance with regulation 5(1). Paragraphs (4) of Regulation 4 allocated responsibility for the amendment, modification, variation or revocation of the plans and strategies specified in Schedule 3. Paragraphs (5) to (7) of regulation 4 make similar provision in relation to functions concerned with the disposal of an authority’s housing land.

Where an aspect of a function referred to in paragraph (1), (4) or (5) of regulation 4 is not to be the responsibility of an authority’s executive, paragraph (8) of that regulation has the effect that the authority may not arrange for it to be discharged by any of the authority’s committees, sub-committees or officers.

Paragraphs (9) to (11) of regulation 4 allocate responsibility for various aspects of functions relating to council tax, precepts and other calculations under the Local Government Finance Act 1992. To the extent that the function relates to the preparation and revision of estimates and other amounts for consideration by an authority it is to be the responsibility of an authority’s executive. Other aspects of the function, such as the setting of an amount of council tax for a financial year, are to be the responsibility of the authority.

Regulation 5(1) and schedule 4 specify the circumstances in which certain functions, which would otherwise be the responsibility of an authority’s executive, are not to be the responsibility of such an executive. The circumstances are listed in column (2) of Schedule 4, and the functions to which they relate are listed in column (1). An exception is provided in regulation 5(2) for certain determinations which need to be made as a matter of urgency. In those cases, the determination can be made by the authority’s executive only with the prior written agreement of a chairman of a relevant overview and scrutiny committee (defined in regulation 5(3)) or, in specified circumstances, of the chairman or vice-chairman of the authority. Regulation 5(4) requires the individual or body by whom the determination is made to submit a report to the authority of the action taken.

Footnotes

[^f00001]: 2000 c. 22.

[^f00002]: 1972. c.70.

[^f00003]: 1998 c. 31.

[^f00004]: S.I. 1990/1553. Regulation 4 was amended by S.I. 1998/1918.

[^f00005]: 1989 c. 42. Section 18 is amended by section 99(3) to (9) of the Local Government Act 2000.

[^f00006]: Section 173(4) was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 26. A relevant saving was made by article 3(2) of the Local Government and Housing Act 1989 (Commencement No.11 and Savings) Order 1991 (SI. 1991/344).

[^f00007]: 1993 c. 28, to which there are amendments not relevant to these Regulations.

[^f00008]: 1985 c. 68. Relevant amendments, in subsection (3) of section 32 and subsection (1)(a) of section 43, were made by paragraph 3(a), (d) and (e) of the Schedule to SI 1997/74.

[^f00009]: 1992 c. 14; sections 52I, 52J, 52T and 52U were inserted by the Local Government Act 1999 (c. 27) Schedule 1, paragraph 1.

[^f00010]: 1998 c. 38.

[^f00011]: Section 70(1)(a) and (b) of the Town and Country Planning Act 1990 (c. 8).

[^f00012]: Section 73A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 8.

[^f00013]: Section 70A was inserted by the Planning and Compensation Act 1991, section 17.

[^f00014]: Section 316 was substituted by section 20 of the Planning and Compensation Act 1991. Relevant amending instruments are S.I. 1992/1982 and 1998/2800.

[^f00015]: Sections 191 and 192 were substituted by section 10 of the Planning and Compensation Act 1991.

[^f00016]: S.I. 1992/666, to which there are amendments not relevant to these Regulations.

[^f00017]: Section 196A was inserted by section 11 of the Planning and Compensation Act 1991. For the circumstances in which the right may be exercised, see sections 196A to 196C of the Town and Country Planning Act 1990.

[^f00018]: Sections 171C and 187A were inserted by sections 1 and 2 of the Planning and Compensation Act 1991. Subsections (1) to (5A) of section 183 were substituted by section 9 of the Planning and Compensation Act 1991.

[^f00019]: Section 172 was substituted by section 5 of the Planning and Compensation Act 1991.

[^f00020]: Section 187B was inserted by section 3 of the Planning and Compensation Act 1991.

[^f00021]: See also the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 (S.I. 1990/1519), to which there are amendments not relevant to these Regulations.

[^f00022]: Section 44A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 3, paragraph 7.

[^f00023]: To which there are amendments not relevant to these Regulations.

[^f00024]: To which there are amendments not relevant to these Regulations.

[^f00025]: Schedule 5ZA was inserted by S.I. 1995/3231, article 5(6).

[^f00026]: To which there are amendments not relevant to these Regulations.

[^f00027]: To which there are amendments not relevant to these Regulations.

[^f00028]: To which there are amendments not relevant to these Regulations.

[^f00029]: mended by the Local Government Act 1972, section 204(6) and the Local Government, Planning and Land Act 1980, section 1(6), Schedule 6 paragraph 11 and Schedule 34, Pt VI.

[^f00030]: mended by the Local Government Act 1974 (c. 7), Schedule 6, paragraph 1, section 18 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) and section 186 of the Local Government, Planning and Land Act 1980 (c. 65). Section 94(8) was substituted by the Deregulation (Public Health Acts Amendment Act) Order 1997 (S.I. 1997/1187).

[^f00031]: Amended by the Local Government Act 1972, section 204(9).

[^f00032]: Section 5 was amended by the Local Government, Planning and land Act 1980, Schedule 6, paragraph 13(1).

[^f00033]: Amended by the Fire Safety and Safety of Places of Sport Act 1987 (c. 27). See, in particular, Part II of, and Schedule 2 to, that Act.

[^f00034]: Amended by the Local Government Act 1974, section 42 and Schedule 8.

[^f00035]: Amended by the Local Government Act 1974, Schedule 6, paragraph 17 and by the Protection of Animals (Amendment) Act 1988 (c. 29), section 3(2) and (3) and the Schedule.

[^f00036]: Amended by the Local Government Act 1974, section 35(1) and (2) and Schedule 6, paragraph 18 and by the Protection of Animals (Amendment) Act 1988, section 3(2) and (3) of the Schedule.

[^f00037]: Section 1 was amended by the Local Government, Planning and Land Act 1980, section 1(6), Schedule 6, Schedule 34, paragraph 15 and by the Protection of Animals (Amendment) Act 1988, section 3(2) and (3) and the Schedule.

[^f00038]: Amended by the Local Government Act 1974 sections 35(1) and (2) and 42, Schedule 6, paragraph 2(1) and Schedule 8.

[^f00039]: Amended by the Local Government, Planning and Land Act 1980, Schedule 6, paragraph 6, and by section 3 of the Protection of Animals (Amendment) Act 1988.

[^f00040]: Section 46A was inserted by section 1 of the Marriage Act 1994 (c. 34).

[^f00041]: Amended by S.I. 1968/658.

[^f00042]: Amended by section 22 of the local Government (Miscellaneous Provisions) Act 1982 (c. 30).

[^f00043]: Amended by section 22 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

[^f00044]: Amended by regulation 2 of the Meat Products (Hygiene) (Amendment) Regulations 1999 (S.I. 1999/683).

[^f00045]: Amended by S.I. 1996/1699.

[^f00046]: These regulations amend the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763).

[^f00047]: For the definition of “the relevant statutory provisions” see section 53(1) of the Health and Safety at Work etc. Act 1974. See also the definitions of “the existing statutory provisions” and “health and safety regulations” in section 53(1) and, as to “health and safety regulations”, section 15(1) of that Act which was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 5.

[^f00048]: Subsection (4) of section 52 was substituted by the Representation of the People Act 1985 (c. 50), Schedule 4.

[^f00049]: Originally enacted as the European Assembly Elections Act 1978 and renamed by virtue of section 3 of the European Communities (Amendment) Act 1986 (c. 58). Schedule 1 was substituted by the European Parliamentary Elections Act 1999 (c. 1), Schedule 2.

[^f00050]: Section 14 of the Interpretation Act 1978 is applied to byelaws made under section 235 of the Local Government Act 1972 by section 22(1) of, and paragraph 3 of Part I of Schedule 2 to, the Interpretation Act 1978.

[^f00051]: As to section 7 see also section 99 of the Local Government Act 2000 (c. 22). Section 12 of the Superannuation Act 1972 is amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).

[^f00052]: To which there are amendments not relevant to these Regulations.

[^f00053]: Made under section 23 (regulations as to accounts) of the Local Government Finance Act 1982 (c. 32) as amended by section 27 of the Audit Commission Act 1998 (c. 18).

[^f00054]: See also sections 8 and 20 of the Local Government and Housing Act 1989.

[^f00055]: 1998 c. 14. Section 34(4) replaces section 63(3) of the Social Security Administration Act 1992. The Council Tax Benefit Regulations 1992 (S.I. 1992/1814) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), to which there are amendments not relevant to these Regulations, continue to have effect, by virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30), notwithstanding the repeal of section 63(3) of the Social Security Administration Act 1992.

[^f00056]: 1996 c. 16.

[^f00057]: 1999 c. 27.

[^f00058]: Part IIA of the Environmental Protection Act 1990 (c. 43) and subordinate legislation under that Part.

[^f00059]: See the Pollution Prevention and Control Act 1999 (c. 24), Part IV of the Environment Act 1995 (c. 25), Part I of the Environmental Protection Act 1990 (c. 43) and the Clean Air Act 1993 (c. 11).

[^f00060]: Section 80(1) of the Environmental Protection Act 1990.

[^f00061]: Section 8 of the Noise and Statutory Nuisance Act 1993 (c. 40).

[^f00062]: Section 79 of the Environmental Protection Act 1990.

[^f00063]: Section 79 of the Environmental Protection Act 1990.

[^f00064]: 1990 c. 8.

[^f00065]: 1976 c. 57.

[^f00066]: Section 278 of the Highways Act 1980 (c. 66), substituted by the New Roads and Street Works Act 1991 (c. 22), section 23.

[^f00067]: Section 92 of the Local Government Act 2000.