Search Legislation

The Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (Wales) Order 2002

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Functions of local authorities

28.  In section 70 of the Deregulation and Contracting Out Act 1994(1) (functions of local authorities)—

(a)after subsection (1), there shall be inserted—

(1A) This section also applies to any function of a local authority—

(a)if, and to the extent that, it is the responsibility of an executive of that local authority under executive arrangements(2), within the meaning of Part II of the Local Government Act 2000;

(b)which is conferred by or under any enactment;

(c)which, by virtue of any of sections 14 to 16, or any provisions made under sections 17 to 20, of the Local Government Act 2000 (provisions with respect to executive arrangements — discharge of functions etc), may be exercised by an officer of the local authority; and

(d)which is not excluded by section 71 below.; and

(b)after subsection (6), there shall be inserted—

(7) Where at any time—

(a)an order is in force under this section in relation to any function of a local authority (“authority A”);

(b)that function, to any extent, is the responsibility of an executive of authority A under executive arrangements, within the meaning of Part II of the Local Government Act 2000; and

(c)arrangements are in force under regulations made under section 19 of the Local Government Act 2000(3) (discharge of functions of and by another local authority) for the exercise of that function, to any extent, by another local authority (“authority B”) or by any executive of authority B,

it shall be an implied term of those arrangements that authority B or, as the case may be, the executive of authority B, shall not give any authorisation by virtue of the order in relation to that function except with the consent of the executive of authority A..

(1)

1994 c. 40. Section 70 was amended by section 40 of the Greater London Authority Act 1999 (c. 29) and is amended by Part IX of Schedule 34 to that Act.

(2)

See section 13 of the Local Government Act 2000 (c. 22) and the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 (S.I. 2001/2291 (W.179).

(3)

See the Local Authorities (Discharge of Functions) (Wales) Regulations 2001 (S.I. 2001/2287) (W.175).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English:The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources