Search Legislation

The Local Authorities (Alternative Arrangements) (Wales) Regulations 2001

 Help about what version

What Version

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Functions which are not to be the responsibility of the Board

8.—(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) of that schedule are not to be the responsibility of a Board 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 the Board 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 the Board 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 in the exercise of a function specified in column (1) of Schedule 1,

(b)any failure to comply with a condition, limitation or 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 the Board of the authority,

is not to be the responsibility of the Board of the authority.

(4) The function of—

(a)amending, modifying or varying any such approval, consent, licence, permission or registration granted 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 the Board of the authority.

(5) 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 the Board of the authority.

(6) The functions of determining—

(a)the amount of any allowance payable under—

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

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

(iii)subsection (4) of section 173 (financial loss allowance) of that Act (1);

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

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

(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 the Board 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 the Board of the authority.

(7) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) 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 made under section 20 of the 2000 Act (joint exercise of functions), 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 the Board of the authority.

(9) Unless otherwise provided by 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 the Board of the authority.

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

(1)

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).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources