The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007

Statutory Instruments

2007 No. 1284

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007

Made

23rd April 2007

Laid before Parliament

30th April 2007

Coming into force

21st May 2007

The Secretary of State, in exercise of the powers conferred by sections 13 and 105 of the Local Government Act 2000(1), makes the following Regulations:

Citation, commencement and application

1.—(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007, and shall come into force on 21st May 2007.

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

Amendment

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

(2) In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive)—

(a) in column (1), after item 14B insert—

“14C. Power to designate officer of a licensing authority as an authorised person for a purpose relating to premises.”;

(b) in column (2), in relation to the entry in column (1) for item 14C, insert—

“Section 304 of the 2005 Act.”;

(c) in column (1), after item 14C insert—

“14D. Power to institute criminal proceedings for offences under section 342 of the 2005 Act.”;

(d) in column (2), in relation to the entry in column (1) for item 14D, insert—

“Section 346 of the 2005 Act.”;

(e) in column (1), after item 14D insert—

“14E. Power to exchange information.”;

(f) in column (2), in relation to the entry in column (1) for item 14E, insert—

“Section 350 of the 2005 Act.”;

(g) in column (1), after item 14E insert—

“14F. Functions relating to the determination of fees for premises licences.”; and

(h) in column (2), in relation to the entry in column (1) for item 14F, insert—

“The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 (S.I. 2007/479).”.

Signed by authority of the Secretary of State for Communities and Local Government

Phil Woolas

Minister of State

Department for Communities and Local Government

23rd April 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (“the 2000 Regulations”). They apply in relation to local authorities in England.

Part 2 of the Local Government Act 2000 provides for the discharge of a local authority’s functions by an executive of the authority, unless those functions are specified as functions that are not to be the responsibility of the authority’s executive.

Schedule 1 to the 2000 Regulations lists functions which are not to be the responsibility of the authority’s executive. Paragraph B of Schedule 1 is concerned with functions relating to licensing and registration. Regulation 2 of these Regulations amends paragraph B by inserting four new items which are concerned with functions under the Gambling Act 2005. The effect of these amendments is that the functions in question are not to be the responsibility of the authority’s executive.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

2000 c.22. For the application of sections 13 and 105 of the Local Government Act 2000 to Wales, see section 106 of that Act.

(2)

S.I. 2000/2853, to which relevant amendments have been made by S.I. 2004/2748 and S.I. 2006/886. There are other amendments not relevant to these Regulations.