The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008

Functions not to be the responsibility of an authority’s executive

4.  In regulation 2 (functions not to be the responsibility of an authority’s executive)—

(a) in paragraph (6)—

(i) in sub-paragraph (a)(i), after “section 3 (chairman’s expenses) of” insert “, or paragraph 2(4) (chairman and mayor) of Schedule 2 to,”; and

(ii) in sub-paragraph (a)(ii), after “section 5 (vice-chairman’s expenses) of” insert “, or paragraph 5(4) (power of mayor of London borough to appoint deputy) of Schedule 2 to,”.

(b) after paragraph (6) insert—

“(6A) The function of making a request under section 14A(1) (requests for single-member electoral areas) of the Local Government Act 1992(1) for single-member electoral areas is not to be the responsibility of an executive of the authority.

(6B) The function of passing a resolution to change a scheme for elections under section 32(1), 37(1) or 39(1) (resolutions for schemes for elections) of the 2007 Act is not to be the responsibility of an executive of the authority.

(6C) The functions of—

(a) deciding whether to make proposals for a change in governance arrangements of the kind set out in sections 33A and 33B of the 2000 Act(2);

(b) deciding whether a change of the kind set out in section 33A of the 2000 Act should be subject to approval in a referendum under section 33E(5) of the Act; and

(c) passing a resolution to make a change in governance arrangements under section 33F of that Act,

are not to be the responsibility of an executive of the authority.

(6D) The functions of—

(a) including provision in executive arrangements for the council to remove the executive leader by resolution under section 44C(1) of the 2000 Act; and

(b) passing a resolution to remove the executive leader under 44C(2) of that Act,

are not to be the responsibility of an executive of the authority.

(6E) The function of making an order giving effect to recommendations made in a community governance review under section 86 (reorganisation of community governance) of the 2007 Act is not to be the responsibility of an authority’s executive.

(6F) The duty to make a change in governance arrangements under paragraph 3 or 8 of Schedule 4 to the 2007 Act is not to be the responsibility of an authority’s executive.”.

(c) In paragraph (7), for “paragraph (5) or (6)(a) to (c)”, substitute “paragraph (5), (6)(a) to (c) or (6A) to (6F)”

(1)

1992 c.19. Section 14A of the Local Government Act 1992 was inserted by section 55 of the Local Government and Public Involvement in Health Act 2007.

(2)

Sections 33A, 33B, 33E, 33F, 44A, 44B and 44C of the Local Government Act 2000 were inserted by sections 64 and 67 of the Local Government and Public Involvement in Health Act 2007.