The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2013

Welsh Statutory Instruments

2013 No. 2438 (W. 235)

Local Government, Wales

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2013

Made

21 September 2013

Laid before the National Assembly for Wales

26 September 2013

Coming into force

22 October 2013

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 13 and 105 of the Local Government Act 2000(1).

Title and commencement

1.  The title of these Regulations is the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment) Regulations 2013 and they come into force on 22 October 2013.

Amendment to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

2.—(1) The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007(2)are amended as follows.

(2) In Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), after paragraph 24, insert—

“25.   Functions in respect of approval by a local authority under section 51 or a determination by a local authority under section 53 of the School Standards and Organisation (Wales) Act 2013(3).”

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

21 September 2013

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 executive of an authority (which must take one of the forms specified in section 11 of that Act) unless those functions are not to be the responsibility of the authority’s executive. The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399 (W.45)) (“the Principal Regulations”) specify those 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.

These Regulations amend the Principal Regulations.

Schedule 2 to the Principal Regulations lists those functions which may be (but need not be) the responsibility of an authority’s executive. Regulation 2 of these Regulations amends this list by adding functions in respect of the approval or determination of school organisation proposals under sections 51 or 53 of the School Standards and Organisation (Wales) Act 2013.

The effect of this amendment is that a local authority has discretion as to whether the functions in question are the responsibility of the executive.

(1)

2000 c.22. Section 13 of the Local Government Act 2000 was amended by the Localism Act 2011 and references to the Welsh Ministers in section 13 of the Local Government Act 2000 were substituted by section 22, Schedule 3, paragraphs 8, 13(1) and (3) of that Act.

(2)

S.I. 2007/399 (W.45).

(3)

2013 anaw 1.