The Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Part II of the Local Government Act 2000 provides for the National Assembly for Wales to specify which local authorities may operate “alternative arrangements” (i.e. arrangements for the discharge of the authority’s functions which do not involve the creation and operation of an executive of the authority) (section 31(1)(b)) and what form those arrangements should take (section 32(1)). The National Assembly made the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001 (“the 2001 Regulations”) under those provisions.

These Regulations, which use the same statutory provisions, amend the 2001 Regulations to make minor changes to the required form of the alternative arrangements and to determine how a council may discharge its function in relation to certain additional specified powers .

Regulation 2 amends regulation 4(1) of the 2001 Regulations so that the Board of a local authority must act as its social services committee unless a sub-committee of the Board is designated for that purpose. In Regulation 3 the amendment to regulation 4(2) of the 2001 Regulations also permits the creation of a sub-committee of the Board to undertake the social services committee role if the local authority so chooses, the creation of an employment appeals committee and upto four other committees (which are permitted only to exercise functions that are not the responsibility of the Board of a local authority).

The Regulation also requires that a local authority which makes a decision to establish a committee or a sub-committee in accordance with Regulation 4(2)(g) shall notify the National Assembly for Wales within seven days of the date of the decision.

Regulation 4 amends Regulation 5(6) of the 2001 Regulations to prohibit the chairperson or vice-chairperson of a local authority from being a member of the Board.

Schedule 1 of the 2001 Regulations is amended by Regulation 5. There is additional wording (at paragraph 14) in relation to the appointment of staff to clarify that determination of terms and conditions (including procedures for dismissal) are not to be the responsibility of the Board of a local authority. This amendment also means that the power to make an Order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption under section 13(2) of the Criminal Justice and Police Act 2001 is one that must not be exercised by the Board of a local authority. The approval of the Young Peoples Partnership Strategic Plans and Children and the Young Peoples Framework Partnerships under sections 123 to 125 of the Learning and Skills Act 2000 must be exercised by the full council and not by a Board of a local authority.