The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001

Citation, application, commencement and interpretation

1.—(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001.

(2) These Regulations apply in relation to local authorities in England.

(3) These Regulations shall come into force, subject to paragraphs (4) and (5), on 10th July 2001.

(4) Where, on 10th July 2001, a local authority are operating executive arrangements(1), the amendments specified or referred to in regulation 2 shall not have effect in relation to that authority until the day that falls three months after the day on which these Regulations are laid before Parliament.

(5) Where—

(a) at any time before 10th July 2001 a local authority have sent to the Secretary of State a copy of proposals drawn up in accordance with section 25 (proposals) of the 2000 Act or any comparable provision of regulations or an order under Part II (arrangements with respect to executives etc.) of that Act; and

(b) on 10th July 2001 the authority are not operating either executive arrangements or alternative arrangements(2),

the amendments specified or referred to in regulation 2 shall not have effect in relation to the authority until—

(i) in a case to which paragraph (6) applies, the day on which they first operate alternative arrangements based on their detailed fall-back proposals(3);

(ii) in any other case, the day that falls three months after the day on which they first operate executive arrangements.

(6) This paragraph applies where—

(a) the copy of the proposals sent to the Secretary of State as mentioned in paragraph (5) is accompanied by a copy of outline fall-back proposals which involve alternative arrangements; and

(b) the proposals are rejected in a referendum.

(7) In this regulation—

“the 2000 Act” means the Local Government Act 2000;

“outline fall-back proposals”—

(a)

in relation to proposals under section 25 of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

(b)

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action on receipt of direction) of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000(4), means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;

(c)

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means an outline of the proposals that the authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

(d)

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the authority’s existing executive arrangements or existing alternative arrangements, as the case may be; and

“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act.

Amendment of Regulations

2.  The Local Authorities (Functions and Responsibilities) (England) Regulations 2000(5) are amended—

(a) in regulation 4 (functions not to be the sole responsibility of an authority’s executive)—

(i) in paragraph (3), by the insertion, after sub-paragraph (b), of the following—

“(bb) the approval, for the purposes of public consultation in accordance with regulation 10 or 22 of the Town and Country Planning (Development Plans) (England) Regulations 1999, of draft proposals associated with the preparation of alterations to, or the replacement of, a development plan;”(6);

(ii) in sub-paragraph (a) of paragraph (5), by the insertion, immediately before “or”, of “for the inclusion of a disposal in a disposals programme”;

(iii) in sub-paragraph (b) of paragraph (5), by the insertion, at the beginning, of “for consent to that disposal”; and

(iv) by the insertion, after paragraph (11), of the following paragraphs—

“(12) The function, pursuant to an order under section 70 (functions of local authorities) of the Deregulation and Contracting Out Act 1994, of authorising a person to exercise a function to which that section applies (“section 70 function”)—

(a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of that executive; and

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

(13) The function of revoking such an authorisation as is referred to in paragraph (12)—

(a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of the executive; and

(b) shall not be the responsibility of such an executive to any other extent.”(7);

(b) in Schedule 1 (functions not to be the responsibility of an authority’s executive), in accordance with Part I of the Schedule to these Regulations;

(c) in Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), in accordance with Part II of the Schedule to these Regulations; and

(d) in Schedule 3 (functions not to be the sole responsibility of an authority’s executive), in accordance with Part III of the Schedule to these Regulations.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

Nick Raynsford

Minister of State,

Department for Transport, Local Government and the Regions

18th June 2001