The Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003

Welsh Statutory Instruments

2003 No. 153 (W.23)

LOCAL GOVERNMENT, WALES

The Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003

Made

29th January 2003

Coming into force

10th February 2003

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 13, 105 and 106 of the Local Government Act 2000(1).

Title, commencement and application

1.—(1) These Regulations are called the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003 and come into force on 10th February 2003.

(2) These Regulations apply to Wales.

Amendment of Regulations

2.  Schedule 3 to The Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001(2) are amended as follows:

(a) the following is added to the table of Functions which are not to be the Sole Responsibility of an Authority’s Executive:

Plans and Strategies	Reference
Health and Well-Being Strategy	Section 24 of the National Health Service Reform and Health Care Professions Act 2002

(b) the entry “Children’s Services Plan” in column (1) and the related reference in column (2) are repealed.

(c) the entry “Community Care Plan” in column (1) and the related reference in column (2) are repealed.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(3).

D. Elis-Thomas

The Presiding Officer of the National Assembly

29th January 2003

Explanatory Note

(This note is not part of the Regulations)

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

The Local Authority Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 specify functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of such an executive only to a limited extent or only in specified circumstances.

Paragraphs (1) to (3) of Regulation 4 of The Local Authority Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 allocate responsibility for various aspects of functions relating to the formulation and preparation of plans and strategies, of the descriptions specified in Schedule 3, between an authority and its executive.

Section 24 of the National Health Service Reform and Health Care Professions Act 2002 provides that it is a duty of local authorities in Wales to jointly formulate and implement a strategy, known as a “health and well-being strategy”, for the health and well-being of members of the public in each local authority’s area.

Regulation 2 makes amendment to Schedule 3 to The Local Authority Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001. This amendment ensures that the responsibility for adopting a health and well-being strategy is a function that may not be the sole responsibility of the executive of an authority.

In addition, the responsibilities to adopt a Children’s Services Plan and a Community Care Plan are removed from Schedule 3 of The Local Authority Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001.

(1)

2000 c. 22.

(2)

S.I. 2001 No. 2291 (W.179) as amended by The Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations S.I. 2002 No. 783 (W.84).

(3)

1998 c. 38.