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The Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000
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- UK Statutory Instruments
- 2000 No. 2851
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
Part II of the Local Government Act 2000 enables a local authority to make arrangements for the creation and operation of an executive which is responsible for certain functions of the local authority. The executive must take one of the forms specified in or under section 11 of that Act.
These Regulations enable arrangements to be made for the discharge of functions, which are the responsibility of a local authority executive, by an area committee (regulation 6), another local authority or an executive of another local authority (regulation 7). Regulations 3, 4 and 5 set out who may make such arrangements in relation to mayor and cabinet executives, leader and cabinet executives and mayor and council manager executives, respectively.
These Regulations also enable a local authority to make arrangements for the discharge of its functions, which are not the responsibility of an executive of that authority, by the executive of another local authority. The local authority can only do this if the function is also a function of the other local authority which is the responsibility of the other authority’s executive (regulation 8).
Where the arrangements made under regulation 7 or 8 are for the discharge of functions by the executive of another local authority, those functions are treated as the responsibility of that executive for the purposes of sections 14 to 16 of the Local Government Act 2000 (discharge of functions) (regulation 9).
Where the arrangements made under regulation 7 are for the discharge of functions by another local authority, regulation 10 makes provision for the discharge of those functions by a committee, sub-committee or officer of the other authority.
Regulation 11 makes provision in connection with the discharge of functions jointly by two or more authorities, or by a joint committee, under section 101(5) of the Local Government Act 1972 where any of those functions are the responsibility of an executive of a local authority. Regulations 3, 4 and 5 also apply to who may make the arrangements, in relation to the executive concerned, in accordance with regulation 11.
Regulation 12 makes provision in respect of membership of joint committees.
These Regulations apply to local authorities in England only.
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