SCHEDULE 1FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
(1) | (2) |
---|---|
Function | Provision of Act or Statutory Instrument |
A. Functions relating to town and country planning and development control | |
| Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8)11. |
| Section 73 of the Town and Country Planning Act 1990. |
| Section 73A of the Town and Country Planning Act 199012. |
| Section 70A of the Town and Country Planning Act 199013. |
| Sections 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I.1995/419) and directions made thereunder. |
| Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I.1992/1492)14. |
| Parts 6, 7, 11, 17, 19, 20, 21 to 24, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I.1995/418). |
| Section 106 of the Town and Country Planning Act 1990. |
| Sections 191(4) and 192(2) of the Town and Country Planning Act 199015. |
| Section 94(2) of the Town and Country Planning Act 1990. |
| Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 199216. |
| Section 196A of the Town and Country Planning Act 199017. |
| Section 102 of the Town and Country Planning Act 1990. |
| Sections 171C, 187A and 183(1) of the Town and Country Planning Act 199018. |
| Section 172 of the Town and Country Planning Act 199019. |
| Section 187B of the Town and Country Planning Act 199020. |
| Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c. 10). |
| Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991, paragraph 9(6) of Schedule 13 to the Environment Act 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act. |
| Section 215(1) of the Town and Country Planning Act 1990. |
| Section 16(1) and (2), 17, 27(2) and 33(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9) |
| Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as applied by section 74(3) of that Act21. |
| Sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regulations 3 to 6 and 13 of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 and paragraph 127 Welsh Office Circular 61/96 Planning and the Historic Environment; Historic Buildings and Conservation Areas. |
| Sections 3(1) and 4(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990. |
| Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990. |
| Sections 47 and 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990. |
| Section 44A of the Planning (Listed Buildings and Conservation Areas) Act 199022. |
| Section 54 of the Planning (Listed Buildings and Conservation Areas) Act 1990. |
| Schedule 9 of the Town and Country Planning Act 1990. |
| Section 257 of the Town and Country Planning Act 1990. |
| Section 17 of the Land Compensation Act 1961 (c. 33). |
| Sections 137—144 of the Town and Country Planning Act 1990. |
| Sections 149—171 of the Town and Country Planning Act 1990. |
| Section 147 of the Highways Act 1980 (c. 66). |
B. Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule) | |
| Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62). |
| Section 269(1) of the Public Health Act 1936 (c. 49). |
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| Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976. |
| Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976. |
| Schedule 2 to the Betting, Gambling and Lotteries Act 1963 (c. 2)23. |
| Schedule 3 to the Betting, Gaming and Lotteries Act 196324. |
| Schedules 5ZA to the Betting, Gaming and Lotteries Act 196325. |
| Schedule 9 to the Gaming Act 1968 (c. 65)26. |
| Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)27. |
| Schedule 3 to the Lotteries and Amusements Act 197628. |
| Section 1 of the Cinema Act 1985 (c. 13). |
| Sections 12 to 14 of the Theatres Act 1968 (c. 54)29. |
| Section 12 of the Children and Young Persons Act 1933 (c. 12), section 79 of the Licensing Act 1964 (c. 26), sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c. 19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30). |
| The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3. |
| The Hypnotism Act 1952 (c. 46). |
| Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982. |
| Section 94 of the Public Health Acts Amendment Act 1907 (c. 53)30. |
| Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982. |
| Section 2 of the Late Night Refreshment Houses Act 1969 (c. 53)31. |
| Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (c. 66)32. |
| Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c. 32); sections 2 to 16 of the Game Licensing Act 1860 (c. 90), section 4 of the Customs and Inland Revenue Act 1883 (c. 10), sections 12(3) and 27 of the Local Government Act 1874 (c. 73), and section 213 of the Local Government Act 1972 (c. 70). |
| Section 19 of the Food Safety Act 1990 (c. 16). |
| Section 1 of the Scrap Metal Dealers Act 1964 (c. 69). |
| The Safety of Sports Grounds Act 1975 (c. 52)33. |
| Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27). |
| Section 5 of the Fire Precautions Act 1971 (c. 40). |
| Section 1 of the Breeding of Dogs Act 1973 (c. 60) and section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11). |
| Section 1 of the Pet Animals Act 1951 (c. 35)34; section 1 of the Animal Boarding Establishments Act 1963(c. 43)35; the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70)36; section 1 of the Breeding of Dogs Act 1973 (c. 60)37, and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999. |
| Section 1 of the Performing Animals (Regulation) Act 1925 (c. 38)38. |
| Section 1 of the Zoo Licensing Act 1981 (c. 37)39. |
| Section 1 of the Dangerous Wild Animals Act 1976 (c. 38). |
| Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I.1999/646). |
| Part II of the Children and Young Persons Act 1933 (c. 33), byelaws made under that Part, and Part II of the Children and Young Persons Act 1963 (c. 37). |
| Section 46A of the Marriage Act 1949 (c. 76) and the Marriages (Approved Premises) Regulations 1995 (S. I. 1995/510)40. |
| Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I.1969/1843). |
| Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I.1966/147141). |
| Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (c. 31) and section 2 of the House to House Collections Act 1939 (c. 4442). |
| Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40). |
| Section 50 of the New Roads and Street Works Act 1991 (c. 22). |
| Section 2 of the Nurses Agencies Act 1957 (c. 16). |
| Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I.1995/11). |
| Article 13 of the Pigs (Records, Identification and Movement) Order 1995. |
| Article 14 of the Pigs (Records, Identification and Movement) Order 1995. |
| Article 5(2) of the Cattle Identification Regulations 1998 (S.I.1998/871). |
| Section 139 of the Highways Act 1980. |
| Section 142 of the Highways Act 1980. |
| Section 169 of the Highways Act 1980. |
| Section 171 of the Highways Act 1980. |
| Section 172 of the Highways Act 1980. |
| Section 178 of the Highways Act 1980. |
| Section 179 of the Highways Act 198043. |
| Section 180 of the Highways Act 1980. |
| Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35). |
| Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I.1994/308244). |
| Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I.1995/3205). |
| Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I.1995/108645). |
| Regulation 5 of the Egg Products Regulations 1993 (S.I.1993/1520). |
| The Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000 (S.I.2000/3341)46. |
| Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I.1998/994). |
| Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I.1991/2828). |
| Section 19 of the Food Safety Act 1990 (c. 16) and Regulation 9 of the Food Premises (Registration) Regulations 1991. |
C. Functions relating to health and safety at work | |
Functions under any of the “relevant statutory provisions” within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work etc. Act 1974, to the extent that those functions are discharged otherwise than in the authority’s capacity as an employer. | Part I of the Health and Safety at Work etc. Act 1974 (c. 37)47. |
D. Functions relating to elections | |
| Section 8(2) of the Representation of the People Act 1983 (c. 2)48. |
| Section 52(4) of the Representation of the People Act 1983. |
| Section 28 of the Local Government Act 1972. |
| Section 29 of the Local Government Act 1972. |
| Section 29A of the Local Government Act 1972. |
| Section 35 of the Representation of the People Act 1983. |
| Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978 (c. 10)49. |
| Section 18 of the Representation of the People Act 1983. |
| Section 31 of the Representation of the People Act 1983. |
| Section 39(4) of the Representation of the People Act 1983. |
| Section 54 of the Representation of the People Act 1983. |
| Section 21 of the Representation of the People Act 1985. |
| Section 86 of the Local Government Act 1972. |
| Section 87 of the Local Government Act 1972. |
| Section 91 of the Local Government Act 1972. |
| Rule 48(3) of the Local Elections (Principal Areas) Rules 1986 (S.I.1986/2214) and rule 48(3) of the Local Elections (Parishes and Communities) Rules 1986 (S.I.1986/2215). |
| Section 10 of the Representation of the People Act 2000 (c. 2). |
| National Assembly for Wales (Representation of the People) Order 1999, SI 1999/450 |
E. Functions relating to name and status of areas and individuals | |
| Section 74 of the Local Government Act 1972. |
| Section 76 of the Local Government Act 1972. |
| Section 249 of the Local Government Act 1972. |
| Section 245A of the Local Government Act 1972. |
F. Power to make, amend, revoke or re-enact byelaws | Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 30)50. |
G. Power to promote or oppose local or personal Bills. | Section 239 of the Local Government Act 1972. |
H. Functions relating to pensions etc. | |
| Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)51. |
| Section 26 of the Fire Services Act 1947 (10 & 11 Geo.6 c. 41)52. |
I. Miscellaneous functions | |
| Sections 25 and 26 of the Highways Act 1980 (c. 66). |
| Section 118 of the Highways Act 1980. |
| Section 119 of the Highways Act 1980. |
| Section 130 of the Highways Act 1980. |
| Section 149 of the Highways Act 1980. |
| Section 53 of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 54 of the Wildlife and Countryside Act 1981. |
| |
| Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38). |
| Sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I.1999/1892). |
| The Hedgerows Regulations 1997 (S.I.1997/1160). |
| Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 197254. |
| Section 112 of the Local Government Act 1972. |
| Section 135 of the Local Government Act 1972. |
| Section 31A of the Local Government Act 1972. |