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The Local Government (Structural Changes) (Finance) Regulations 2008

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PART 2RESPONSIBILITY FOR FUNCTIONS

Responsibility for functions exercised by a shadow council

3.  (1)  Any function under the 1988 Act which is exercised by a shadow council by virtue of these Regulations shall be the responsibility of the shadow executive.

(2) Subject to paragraph (3), any function exercised by a shadow council under Part 4 of these Regulations shall be the responsibility of the authority.

(3) In connection with the exercise of the function of making a calculation (whether originally or by way of substitute) in accordance with—

(a)any of sections 32 to 37, 52I and 52T(1) of the 1992 Act,

(b)any of those sections as modified by these Regulations, or

(c)Part 4 of these Regulations,

the actions specified in paragraph (4) shall be the responsibility of the shadow executive.

(4) The actions are—

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

(i)estimates of any amounts aggregated in making the calculation (whether originally or by way of substitution),

(ii)estimates of other amounts to be used for the purposes of the calculation, and

(iii)estimates of the calculation;

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

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

Responsibility for functions exercised by a preparing council

4.  (1)  Any function under the 1988 Act which is exercised by a preparing council by virtue of these Regulations shall be the responsibility of the relevant executive.

(2) Subject to paragraph (3), any function exercised by a preparing council under Part 4 of these Regulations shall be the responsibility of the authority.

(3) Notwithstanding any contrary provision in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000(2), in connection with the exercise of the function of making a calculation (whether originally or by way of substitute) in accordance with—

(a)any of sections 32 to 37, 52I and 52T of the 1992 Act,

(b)any of those sections as modified by these Regulations, or

(c)Part 4 these Regulations,

the actions specified in paragraph (4) shall be the responsibility of the relevant executive.

(4) The actions are—

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

(i)estimates of any amounts aggregated in making the calculation (whether originally or by way of substitution),

(ii)estimates of other amounts to be used for the purposes of the calculation, and

(iii)estimates of the calculation;

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

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

(5) In this regulation “relevant executive” means—

(a)the Implementation Executive; or

(b)where an order specifies a first and a second transitional period in relation to a preparing council—

(i)the Implementation Executive during the first transitional period, and

(ii)the executive of the preparing council during the second transitional period.

Procedure for exercise by preparing councils of certain functions relating to council tax

5.  Schedule 1 (which specifies a procedure for the exercise of certain functions relating to council tax where regulation 4(3) applies) has effect.

(1)

Sections 52I and 52T were inserted into the 1992 Act by paragraph 1 of Schedule 1 to the Local Government Act 1999 (c.27).

(2)

S.I. 2000/2853, to which there are amendments not relevant to these Regulations.

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