The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

Part II of the Local Government Act 2000 (“the 2000 Act”) provides for the discharge of a local authority’s functions by an executive of the authority (which must take one of the forms specified in section 11(2) to (5) of that Act) unless those functions are specified as functions that are not to be the responsibility of the authority’s executive. These regulations specify functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of an executive only to a limited extent or only in specified circumstances. These regulations revoke the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2002, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003 and the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2004 (“the 2001, 2002, 2003 and 2004 Regulations”), consolidate the provisions of those regulations and make further provision.

Regulations 3, 4, 5 and 6, by reference to the Schedules to the Regulations, set out the limitations on what functions may be exercised by an executive. Schedule 1 lists those functions which must not be exercised by an executive and Schedule 2 lists those functions which may be the responsibility of an authority’s executive, if the authority so decides. Regulation 5, by reference to Schedule 3, sets out what actions may not be the sole responsibility of an authority’s executive.

By regulation 6 those functions listed in Schedule 4, which but for regulation 6 would be the responsibility of an executive, are not to be an executive’s responsibility in the circumstances set out in column (2) of that Schedule.

Regulation 7 revokes the 2001, 2002, 2003 and 2004 Regulations.

A regulatory appraisal has been carried out in connection with these Regulations and is available from the Local Government Policy Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone [phone]).