Welsh Statutory Instruments
2001 No. 2284 (W.173)
LOCAL GOVERNMENT, WALES
The Local Authorities (Alternative Arrangements) (Wales) Regulations 2001
Made 21st June 2001
Coming into force 28th July 2001

The National Assembly for Wales makes the following Regulations in exercise of the powers given to it by sections 31(1) and 32(1) of the Local Government Act 2000.
2000 c. 22.

Name, commencement and application
1. (1) The name of these Regulations is the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001 and they shall come into force on 28th July 2001.
(2) These Regulations apply to Wales only.

Interpretation
2. In these Regulations—
“the 1972 Act” (“Deddf 1972”) means the Local Government Act 1972;
1972. C.70.
“the 2000 Act”(“Deddf 2000”) means the Local Government Act 2000;
“alternative arrangements” (“trefniadau amgen”) means arrangements by a local authority with respect to discharge of their functions which are arrangements in accordance with regulation 4;
“area committee” (“pwyllgor ardal”) means a committee or sub-committee of a local authority—
(i) established under regulation 4(2)(c) with delegated powers to exercise some or all of the functions in part A of Schedule 1; and
(ii) which satisfies the following conditions:
(a) the committee or sub-committee is established to discharge those functions referred to in paragraph (4) in respect of part of the area of the authority;
(b) the members of the committee or sub-committee who are members of the authority are elected for electoral divisions or wards which fall wholly or partly within that part; and
(c) the population of that part, as estimated by the authority, is not less than fifteen percent of the total population of the area of the authority as so estimated;
“audit committee” (“pwyllgor archwilio”) means a committee of a local authority established under regulation 4(2)(d) which is established to exercise functions in accordance with regulation 5(7) and which is known as the audit committee or by such other title as the standing orders of the local authority may provide:
“Board” (“Bwrdd”) means the committee of a local authority established under regulation 4(1)(a) which is established to exercise the functions mentioned in regulation 7 and which is known as the Board of the Council or by such other title as the standing orders of the local authority may provide;
“licensing committee” (“pwyllgor trwyddedu”) means a committee of a local authority with delegated powers to exercise some or all of those functions listed in Schedule 1, which shall be known as the Licensing Committee or by such other title as the standing orders of the local authority may provide;
“local authority” (“awdurdod lleol”) means (save where the context otherwise requires) a county council or a county borough council which is operating alternative arrangements;
“planning committee” (“pwyllgor cynllunio”) means a committee of the authority with delegated power to exercise some or all of those functions in Schedule 1 which is known as the Planning Committee or by such other title as the standing orders of the local authority may provide;
“political group” (“grwp gwleidyddol”) means a political group in accordance with regulation 8 of the Local Government (Committees and Political Groups) Regulations 1990;
S.I. 1990/1553.
“principal scrutiny committee” (“prif bwyllgor craffu”) means a committee or sub-committee of the authority established under regulation 4(1)(b);
“relevant body” (“corff perthnasol”) for the purposes of regulations 13 and 19, means a local authority or a Board;
“scrutiny committee” (“pwyllgor craffu”) means a committee or sub-committee of the authority established under regulation 4(1)(c).

Local authorities which may operate alternative arrangements
3. All local authorities may operate alternative arrangements.

Form of alternative arrangements
4. (1) All local authority operating alternative arrangements must establish—
(a) a Board; and
(b) subject to regulation 6 a principal scrutiny committee; and
(c) subject to regulation 6 such additional scrutiny committees (being not less than three nor more than eight in number) for which the standing orders of the local authority may provide.
(2) A local authority operating alternative arrangements may establish—
(a) a planning committee;
(b) a licensing committee;
(c) area committees for which the standing orders of the local authority may provide; and
(d) an audit committee.
(3) The arrangements set out in these Regulations are specified as the alternative arrangements for the purposes of Part II of the 2000 Act.

Requirements for committees and sub-committees
5. (1) Every committee of a local authority established under regulation 4 and every sub-committee of such a committee is to be treated—
(a) as a committee or sub-committee of a principal council for the purposes of Part VA of the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees) and
(b) as a body to which section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) applies.
1989 c. 42. Section 18 is amended by section 99(3) to (9) of the Local Government Act 2000.
(2) A committee of a local authority established under regulation 4, except an area committee established under regulation 4(2)(c), shall comprise a maximum of ten members or twenty per cent of the authority’s members, (calculated by rounding up the number of members to the nearest whole number when in calculating the percentage the number of members is not a whole number) whichever is the greater number.
(3) A local authority operating alternative arrangements shall allocate the chairpersonships of committees established under regulation 4 so as to secure, as far as practicable, that the balance of the political groups in the local authority is reflected by those chairpersonships.
(4) A planning committee, licensing committee or area committee established under regulation 4 or a sub-committee of such a committee with responsibility for any of the functions listed in Part A of Schedule 1 (functions relating to town and country planning and development control) shall have a minimum of eight members.
(5) Where a local authority establishes area committees—
(a) there shall be at least three such committees and they shall cover the whole of the local authority’s area; and
(b) each member of the local authority shall be entitled to be a member of one area committee.
(6) The Board may include the chairperson of the local authority’s planning committee and the chairpersons of area committees where such committees have been established in accordance with regulation 4(2).
(7) To the extent that a local authority’s powers in respect of its audit functions under any enactment may be delegated to a committee or sub-committee, a local authority may delegate to an audit committee.
(8) An audit committee established under 4(2)(d):
(a) shall not include any members of the Board; and
(b) shall not have a chairperson who is a member of the same political group as the Chairperson of the Board (except where there is only one political group); and
(c) may appoint one or more sub-committees; and
(d) may arrange for the discharge of any of its functions any such sub-committee.
(9) A sub-committee of an audit committee may not discharge any functions other than those conferred on it under paragraphs (7) and (8).
(10) An audit committee or any sub-committee of such a committee, may include persons who are not members of the authority, but any such persons shall not be entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting and shall not be entitled to be the chairperson of such a committee or sub-committee.

Principal scrutiny committees and scrutiny committees
6. (1) A principal scrutiny committee established under regulation 4(1)(b) :
(a) shall not include any members of the Board; and
(b) shall not have a chairperson who is a member of the same political group as the chairperson of the Board (except where there is only one political group); and
(c) shall have a chairperson who is a member of the authority.
(2) A scrutiny committee established under regulation 4(1)(c)—
(a) must include among its membership a majority of members of the authority who are not Board members and may include among its membership up to three members of the Board but no Board member shall be entitled to be the chairperson of a scrutiny committee; and
(b) shall have a chairperson who is a member of the authority.
(3) A Scrutiny Committee established under regulation 4(1)(c) shall have delegated power to—
(a) review or scrutinise decisions made, or other action taken, in connection with the discharge of any function of the authority;
(b) make reports or recommendations to the authority in connection with the discharge of any function of the authority;
(c) make reports or recommendations to the authority or the inhabitants of that area;
(d) recommend, in the case of a decision which has been made but not implemented, that the decision be reconsidered by the committee, sub-committee or person who made it; and
(e) arrange for its function under sub-paragraph (a) to be exercised by the authority.
(4) A principal scrutiny committee established under regulation 4(1)(c) shall have the delegated power to undertake the functions of a scrutiny committee in accordance with paragraph (3) but those powers shall only be exercisable in so far as they relate to the functions of a Board.
(5) Subject to paragraph (6) a scrutiny committee may not otherwise discharge any function other than in accordance with these regulations.
(6) If, or to the extent that, a local authority’s function of conducting best value reviews under section 5 of the Local Government Act 1999 is not the responsibility of the Board of the authority, the authority may arrange for the principal scrutiny committee or any scrutiny committee to conduct such a review.
1999 c. 27.
(7) A principal scrutiny committee and a scrutiny committee may—
(a) appoint one or more sub-committees; and
(b) arrange for the discharge of any of its functions by any such sub-committee.
(8) A sub-committee of a principal scrutiny committee or a scrutiny committee may not discharge any functions other than those conferred on it under paragraph (6).
(9) Alternative arrangements by a local authority must include provision which enables—
(a) any member of a principal scrutiny committee or scrutiny committee to ensure that any matter which is relevant to the functions of the committee is included in the agenda for, and is discussed at, a meeting of the committee;
(b) any member of a sub-committee of such a committee to ensure that any matter which is relevant to the functions of the sub-committee is included in the agenda for, and is discussed at, a meeting of the sub-committee; and
(c) a principal scrutiny committee or scrutiny committee to refer any matter in connection with a decision or a proposed decision of the Board to the local authority provided that the decision or proposed decision relates to the functions of that committee.
(10) A principal scrutiny committee and a scrutiny committee, or any sub-committee of such a committee, may include persons who are not members of the authority, but any such persons shall not be entitled to vote at any meeting of such a committee or sub-committee on any question which falls to be decided at that meeting.
(11) Subsections (2) and (5) of section 102 of the 1972 Act are to apply to a principal scrutiny committee and a scrutiny committee, or a sub-committee of such a committee, as they apply to a committee appointed under that section.
(12) A principal scrutiny committee and a scrutiny committee, or a sub-committee of such a committee,—
(a) may require members of the Board and officers of the authority, to attend before it to answer questions, and
(b) may invite other persons to attend meetings of the committee or sub-committee.
(13) Any member of the Board or officer of the authority who is authorised to attend to answer questions in accordance with paragraph (12) shall be under a duty to do so but any such member or officer shall not be obliged to answer any question which that person would be entitled to refuse to answer in or for the purposes of proceedings in a court in Wales or England.

Functions which are to be the responsibility of the Board
7. (1) A local authority operating alternative arrangements shall delegate its functions to a Board subject to the limitations in regulations 8, 9, 10 and 11.
(2) Nothing in these Regulations shall prevent a local authority from exercising those functions delegated to a Board in accordance with paragraph (1).

Functions which are not to be the responsibility of the Board
8. (1) The functions specified in column (1) of Schedule 1 to these Regulations by reference to the enactments specified in relation to those functions in column (2) of that schedule are not to be the responsibility of a Board of an authority.
(2) The functions of—
(a) imposing any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted—
(i) in the exercise of a function specified in column (1) of Schedule 1; or
(ii) otherwise than by the Board of the authority, in the exercise of any function under a local Act; and
(b) determining any other terms to which any such approval, consent, licence, permission or registration is subject,are not to be the responsibility of the Board of the authority.
(3) The function of determining whether, and in what manner, to enforce—
(a) any failure to comply with an approval, consent, licence, permission or registration granted in the exercise of a function specified in column (1) of Schedule 1,
(b) any failure to comply with a condition, limitation or term to which any such approval, consent, licence, permission or registration is subject, or
(c) any other contravention in relation to a matter with regard to which the function of determining an application for approval, consent, licence, permission or registration would not be the responsibility of the Board of the authority,
is not to be the responsibility of the Board of the authority.
(4) The function of—
(a) amending, modifying or varying any such approval, consent, licence, permission or registration granted or any condition, limitation, restriction or term to which it is subject; or
(b) revoking any such approval, consent, licence, permission or registration,is not to be the responsibility of the Board of the authority.
(5) The function of making any scheme authorised or required by regulations under section 18 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members), or of amending, revoking or replacing any such scheme, is not to be the responsibility of the Board of the authority.
(6) The functions of determining—
(a) the amount of any allowance payable under—
(i) subsection (5) of section 3 of the 1972 Act (chairman’s expenses);
(ii) subsection (4) of section 5 of that Act (vice-chairman’s expenses);
(iii) subsection (4) of section 173 (financial loss allowance) of that Act ;
Section 173(4) was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 26. A relevant saving was made by article 3(2) of the Local Government and Housing Act 1989 (Commencement No.11 and Savings) Order 1991 (SI. 1991/344).
(iv) section 175 of that Act (allowances for attending conferences and meetings);
(b) the rates at which payments are to be made under section 174 of that Act (travelling and subsistence allowances);
(c) the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments by way of any such allowance are to be made;
(d) whether a charge should be made for any approval, consent, licence, permit or registration the issue of which is not the responsibility of the Board of the authority; and
(e) where a charge is made for any such approval, consent, licence, permit or registration, the amount of the charge;
are not to be the responsibility of the Board of the authority.
(7) Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) shall not apply with respect to the discharge of any function mentioned in paragraph (5) or (6)(a) to (c).
(8) Subject to any provision of regulations made under section 20 of the 2000 Act (joint exercise of functions), the function of—
(a) making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act, and
(b) making appointments under section 102 (appointment of committees) of the 1972 Act, is not to be the responsibility of the Board of the authority.
(9) Unless otherwise provided by these Regulations, a function of a local authority which, by virtue of any enactment (passed or made before the making of these Regulations) may be discharged only by an authority, is not to be the responsibility of the Board of the authority.
(10) In paragraphs (1) and (9), “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation.

Functions which may be the responsibility of an authority’s Board
9. The functions specified in Schedule 2, may, but need not be, the responsibility of the Board of the authority.

Functions which are not to be the sole responsibility of an authority’s Board
10. (1) In connection with the discharge of the function of—
(a) formulating or preparing a plan or strategy of a description specified in column (1) of Schedule 3 to these Regulations;
(b) formulating a plan or strategy for the control of the authority’s borrowing or capital expenditure; or
(c) formulating or preparing any other plan or strategy whose adoption or approval is, by virtue of regulation 5(1), a matter for determination by the authority;
the actions designated by paragraph (3) shall not be the responsibility of the Board of the authority.
(2) Subject as provided in paragraph (1) the functions mentioned in that paragraph shall be the responsibility of the Board.
(3) The designated actions are—
(a) the giving of instructions requiring the Board to reconsider any draft plan or strategy submitted by the Board for the authority’s consideration;
(b) the amendment of any draft plan or strategy submitted by the Board for the authority’s consideration;
(c) the approval, for the purpose of its submission to the National Assembly for Wales or any Minister of the Crown for approval of any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted;
(d) the adoption (with or without modification) of the plan or strategy.
(4) The function of amending, modifying, varying or revoking any plan or strategy of a description referred to in paragraph (1), (whether approved or adopted, before or after the coming into force of these Regulations)—
(a) shall be the responsibility of the Board of the authority to the extent that the making of the amendment, modification, variation or revocation—
(i) is required for giving effect to requirements of the National Assembly for Wales or a Minister of the Crown in relation to a plan or strategy submitted for approval or to any part so submitted; or
(ii) is authorised by a determination made by the authority when making the arrangements or approving or adopting the plan or strategy, as the case may be; but
(b) shall not be the responsibility of the Board to any other extent.
(5) Except to the extent mentioned in paragraph (6), the function of making an application—
(a) under subsection (5) of section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals) ; or
1993 c. 28, to which there are amendments not relevant to these Regulations.
(b) under section 32 (power to dispose of land held for the purposes of Part II or section 43 (consent required for certain disposals not within section 32) of the Housing Act 1985,
1985 c. 68. Relevant amendments, in subsection (3) of section 32 and subsection (1)(a) of section 43, were made by paragraph 3(a), (d) and (e) of the Schedule to SI 1997/74.
shall be the responsibility of the Board of the authority.
(6) The extent mentioned in this paragraph is the authorisation of the making of the application.
(7) The function of making such an application as is referred to in paragraph (5), to the extent mentioned in paragraph (6), shall not be the responsibility of the Board of the authority.
(8) Section 101 of the 1972 Act shall not apply with respect to the discharge—
(a) of a function specified in paragraph (1) to the extent that, by virtue of that paragraph, it is not the responsibility of the Board of the authority;
(b) of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of the Board of the authority.
(9) In connection with the discharge of the function of—
(a) making a calculation in accordance with any of sections 32 to 37, 43 to 51, 52I, 52J, 52T and 52U of the Local Government Finance Act 1992 or any or section 61 of that Act, whether originally or by way of substitute; or
1992 c. 14; sections 52I, 52J, 52T and 52U were inserted by the Local Government Act 1999 (c. 27) Schedule 1, paragraph 1.
(b) issuing a precept under Chapter IV of that Part,
the actions designated by paragraph (11) (“the paragraph (11) actions”) shall be the responsibility of the Board of the authority.
(10) Subject as provided in paragraph (9), the function mentioned in that paragraph shall not be the responsibility of the Board.
(11) The designated actions are—
(a) the preparation, for submission to the authority for their consideration, of—
(i) estimates of the amounts to be aggregated in making the calculation or of other amounts to be used for the purposes of the calculation;
(ii) the amounts required to be stated in the precept;
(b) the reconsideration of those estimates and amounts in accordance with the authority’s requirements;
(c) the submission for the authority’s consideration of revised estimates and amounts.

Discharge of specified functions by authorities
11. (1) Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 (which, but for this paragraph, might be the responsibility of the Board of the authority), shall not be the responsibility of the Board in the circumstances specified in column (2) in relation to that function.
(2) Paragraph (1) shall not apply in relation to the discharge of a function of the description specified in paragraph 3 of column (1) of Schedule 4 where—
(a) the circumstances which render necessary the making of the determination may reasonably be regarded as urgent; and
(b) the individual or body by whom the determination is to be made has obtained from the chairperson of a relevant scrutiny committee or, if there is no such person or the chairperson of every relevant scrutiny committee is unable or unwilling to act, from the chairperson of the authority or, in that person’s absence, from the vice-chairperson, a statement in writing that the determination needs to be made as a matter of urgency.
(3) In paragraph (2) “relevant scrutiny committee” means a scrutiny committee of the authority whose terms of reference include the power to review or scrutinise decisions or other action taken in the discharge of the function to which the determination relates.
(4) The individual or body by whom a determination is made pursuant to paragraph (2) shall, as soon as reasonably practicable after the making of the determination, submit to the authority a report which shall include particulars of—
(a) the determination;
(b) the emergency or other circumstances in which it was made; and
(c) the reasons for the determination.
(5) Section 101 of the 1972 Act shall not apply with respect to the discharge of a function referred to in paragraph (1) which, by virtue of that paragraph, is not the responsibility of the Board of the authority.

Directions by the Board to planning and licensing committees
12. The Board may direct that any decision to be made by a planning committee, a licensing committee or area committee in respect of a function of any of the descriptions specified in column (1) of part A of Schedule 1 (functions relating to town and country planning and development control) shall be determined by the local authority.

Power to make arrangements: the local authority and the Board
13. In the case of a local authority operating alternative arrangements—
(a) a relevant body has power to make arrangements under section 101(5) of the 1972 Act in accordance with regulation 19; and
(b) subject to paragraph (a) the Board may arrange for the discharge of any of its functions—
(i) by the Board,
(ii) by a member of the Board;
(iii) by a committee of the Board;
(iv) by an officer of the authority.

Discharge of functions by area committees
14. (1) A relevant body with power to make arrangements in accordance with regulation 13 may arrange for the discharge of any functions which are the responsibility of the Board of the local authority by an area committee of that authority.
(2) Where by virtue of this regulation any functions may be discharged by an area committee, then, unless the relevant body directs otherwise, the area committee may arrange for the discharge of any of those functions by a sub-committee of that committee or by an officer of the authority.
(3) Where by virtue of paragraph (2) any functions may be discharged by a sub-committee of an area committee, then, unless the area committee or the relevant body directs otherwise, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
(4) Any arrangements made under this regulation by a relevant body for the discharge of any functions by an area committee are not to prevent the relevant body from exercising those functions.
(5) As soon as reasonably practicable after making arrangements under this regulation the Board must secure that copies of a document setting out the provisions of the arrangements are available at the authority’s principal office for inspection by members of the public at all reasonable hours.
(6) The Board shall, in preparing the document referred to in paragraph (5) above, have regard to any guidance issued by the National Assembly for Wales under section 38 of the 2000 Act.

Discharge of functions by another local authority
15. (1) A relevant body with power to make arrangements in accordance with regulation 13 may make arrangements with another local authority in accordance with this regulation.
(2) Arrangements under this regulation may provide—
(a) for a function which is the responsibility of the Board of one local authority to be discharged either by another local authority or by the Board of that other authority if that function is a function of that other local authority but is not one which is the responsibility of the Board of that other local authority;
(b) for a function which is the responsibility of the Board of one local authority to be discharged by the Board of another local authority if the function is a function which is the responsibility of the Board of that other local authority;
(c) for a function which is the responsibility of the Board of one local authority to be discharged by the Board of another local authority if that function is not a function of that other local authority and that other authority has a Board;
(d) for a function which is the responsibility of the Board of one local authority to be discharged by another local authority if that function is a function of that other local authority and that other authority does not have a Board.
(3) Any arrangements made under this regulation are not to prevent the relevant body that made the arrangements from exercising the functions to which they relate.

Arrangements for functions of a local authority to be discharged by the Board of another local authority
16. (1) A local authority may make arrangements with another local authority for the discharge by the Board of that local authority of any functions of the first mentioned authority which are not the responsibility of the Board of that authority if—
(a) the functions are not functions of that other local authority; or
(b) the functions are functions of that other local authority and are the responsibility of the Board of that other authority.
(2) Any arrangements made under this regulation are not to prevent the authority that made the arrangements from exercising the functions to which they relate.

Responsibility for functions delegated to another local authority
17. Where, by virtue of regulation 15 or 16 above arrangements are in force for the discharge of any functions of a local authority, or for the discharge of any functions which are the responsibility of the Board of that authority, by the Board of another local authority, those functions shall be treated, for the purposes of sections 32 of the 2000 Act, as functions which are the responsibility of the Board of that other local authority.

Functions delegated to another local authority
18. (1) Where, by virtue of regulation 15 above, arrangements are in force for the discharge of any functions which are the responsibility of the Board of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of any of those functions by a committee, sub-committee or officer of theirs.
(2) Where by virtue of paragraph (1) above any functions may be discharged by a committee of a local authority, then, unless that authority otherwise directs, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority.
(3) Where by virtue of paragraph (1) or (2) above any functions may be discharged by a sub-committee of a local authority, then, unless that authority or, as the case may be, that committee otherwise directs, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

Joint exercise of functions
19. (1) Arrangements made under section 101(5) of the 1972 Act by a relevant body must be made in accordance with this regulation.
(2) The arrangements must be made—
(a) where the functions to which the arrangements relate are the responsibility of the Board of the other local authority concerned, with the relevant body which has power to make such arrangements on behalf of that authority;
(b) in any other case, with the other local authority.
(3) If the arrangements provide for the discharge of functions by a joint committee, appointments of the persons who are to represent each local authority on that committee must be made, and the number of such persons to be appointed must be determined, by the relevant body by which the arrangements are made on behalf of that authority.
(4) A joint committee appointed in accordance with this regulation may, subject to the terms of the arrangements, and unless the relevant body in relation to the local authority whose functions are the subject of the arrangements directs otherwise, arrange for the discharge of any of its functions by a sub-committee or an officer of one of the authorities concerned, and any such sub-committee may, subject to the terms of the arrangements and, unless the joint committee or the relevant body in relation to the local authority whose functions are the subject of the arrangements directs otherwise, arrange for the discharge of any of its functions by such an officer.
(5) Any arrangements made in accordance with this regulation by a relevant body for the discharge of any functions by a joint committee are not to prevent that body from exercising those functions.
(6) Where arrangements made on behalf of a local authority in accordance with this regulation by a relevant body provide for the appointment to a joint committee of persons who are not members of the Board of that authority, the relevant body must, as soon as reasonably practicable after making the arrangements, secure that copies of a document setting out the provisions of the arrangements are available at the authority’s principal office for inspection by members of the public at all reasonable hours.
(7) A relevant body preparing the document referred to in paragraph (6) above shall have regard to any guidance issued by the National Assembly for Wales under section 38 of the 2000 Act.
(8) Part VA of the 1972 Act (access to meetings and documents of certain authorities, committees and sub-committees) shall apply to a joint committee established in accordance with this regulation.

Members of joint committees
20. (1) Subject to paragraphs (2) and (3) below, every person appointed to a joint committee in accordance with regulation 19 above by a relevant body must be a member of the local authority, and the political balance requirements shall not apply to the appointment of such members.
(2) Where—
(a) the joint committee has functions in respect of part only of the area of one of the local authorities concerned;
(b) those functions are the responsibility of the Board of that authority; and
(c) the population of that part, as estimated by the authority, does not exceed fifteen percent of the total population of the area of the authority as so estimated,
the representatives of that authority on the joint committee may include any members of that authority who have been elected for electoral divisions or wards which are wholly or partly within that part of the authority’s area, and the political balance requirements shall not apply to the appointment of those members.
(4) Where the joint committee has functions in respect of part of the area of one of the local authorities concerned and the representatives of that authority on that committee are appointed by the authority, the political balance requirements shall not apply to the appointment of those representatives but those representatives must be members of that local authority who have been elected for electoral divisions or wards which are wholly or partly within that part of the authority’s area.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998.
1998 c. 38
D. Elis -Thomas
The Presiding Officer of the National Assembly
21st June 2001

SCHEDULE 1 FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S BOARD
Regulation 8
(1)	(2)
Function	Provision of Act or Statutory Instrument
A. Functions relating to town and country planning and development control	
1. Power to determine application for planning permission.	Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8) Section 70(1)(a) and (b) of the Town and Country Planning Act 1990 (c. 8). .
2. Power to determine applications to develop land without compliance with conditions previously attached.	Section 73 of the Town and Country Planning Act 1990.
3. Power to grant planning permission for development already carried out.	Section 73A of the Town and Country Planning Act 1990 Section 73A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 7, paragraph 8. .
4. Power to decline to determine application for planning permission.	Section 70A of the Town and Country Planning Act 1990 Section 70A was inserted by the Planning and Compensation Act 1991, section 17. .
5. Duties relating to the making of determinations of planning applications.	Sections 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I.1995/419) and directions made thereunder.
6. Power to determine application for planning permission made by a local authority, alone or jointly with another person.	Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I.1992/1492) Section 316 was substituted by section 20 of the Planning and Compensation Act 1991. Relevant amending instruments are S.I. 1992/1982 and 1998/2800. .
7. Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.	Parts 6, 7, 11, 17, 19, 20, 21 to 24, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I.1995/418).
8. Power to enter into agreement regulating development or use of land.	Section 106 of the Town and Country Planning Act 1990.
9. Power to issue a certificate of existing or proposed lawful use or development.	Sections 191(4) and 192(2) of the Town and Country Planning Act 1990 Sections 191 and 192 were substituted by section 10 of the Planning and Compensation Act 1991. .
10. Power to serve a completion notice.	Section 94(2) of the Town and Country Planning Act 1990.
11. Power to grant consent for the display of advertisements.	Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992 S.I. 1992/666, to which there are amendments not relevant to these Regulations. .
12. Power to authorise entry onto land.	Section 196A of the Town and Country Planning Act 1990 Section 196A was inserted by section 11 of the Planning and Compensation Act 1991. For the circumstances in which the right may be exercised, see sections 196A to 196C of the Town and Country Planning Act 1990. .
13. Power to require the discontinuance of a use of land.	Section 102 of the Town and Country Planning Act 1990.
14. Power to serve a planning contravention notice, breach of condition notice or stop notice.	Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990 Sections 171C and 187A were inserted by sections 1 and 2 of the Planning and Compensation Act 1991. Subsections (1) to (5A) of section 183 were substituted by section 9 of the Planning and Compensation Act 1991. .
15. Power to issue an enforcement notice.	Section 172 of the Town and Country Planning Act 1990 Section 172 was substituted by section 5 of the Planning and Compensation Act 1991. .
16. Power to apply for an injunction restraining a breach of planning control	Section 187B of the Town and Country Planning Act 1990 Section 187B was inserted by section 3 of the Planning and Compensation Act 1991. .
17. Power to determine applications for hazardous substances consent, and related powers.	Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c. 10).
18. Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.	Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991, paragraph 9(6) of Schedule 13 to the Environment Act 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act.
19. Power to require proper maintenance of land.	Section 215(1) of the Town and Country Planning Act 1990.
20. Power to determine application for listed building consent, and related powers.	Sections 16(1) and (2), 17, 27(2) and 33(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)
21. Power to determine applications for conservation area consent.	Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as applied by section 74(3) of that Act See also the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 (S.I. 1990/1519), to which there are amendments not relevant to these Regulations. .
22. Duties relating to applications for listed building consent and conservation area consent.	Sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regulations 3 to 6 and 13 of the Town and Country Planning (Listed Buildings and Buildings in Conservation Areas) Regulations 1990 and paragraph 127 Welsh Office circular 61/96 Planning and the Historic Environment; Historic Buildings and Conservation Areas.
23. Power to serve a building preservation notice, and related powers.	Sections 3(1) and 4(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.
24. Power to issue enforcement notice in relation to demolition of unlisted building in conservation area.	Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
25. Powers to acquire a listed building in need of repair and to serve a repairs notice.	Sections 47 and 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
26. Power to apply for an injunction in relation to a listed building.	Section 44A of the Planning (Listed Buildings and Conservation Areas) Act 1990 Section 44A was inserted by the Planning and Compensation Act 1991 (c. 34), Schedule 3, paragraph 7. .
27. Power to execute urgent works.	Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.
28. Power related to mineral working.	Schedule 9 of the Town and Country Planning Act 1990.
29. Power related to footpaths and bridleways.	Section 257 of the Town and Country Planning Act 1990.
30. Power as to certification of appropriate alternative development.	Section 17 of the Land Compensation Act 1961 (c. 33).
31. Power to serve purchase orders.	Sections 137—144 of the Town and Country Planning Act 1990.
32. Powers related to blight notices.	Sections 149—171 of the Town and Country Planning Act 1990.
33. Power to authorise erection of stiles etc on footpaths or bridleways.	Section 147 of the Highways Act 1980 (c. 66).
B. Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule)	
1. Power to issue licences authorising the use of land as a caravan site (“site licences”).	Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62).
2. Power to license the use of moveable dwellings and camping sites.	Section 269(1) of the Public Health Act 1936 (c. 49).
3. Power to license hackney carriages and private hire vehicles.	(a) as to hackney carriages, the Town Police Clauses Act 1847 (10 & 11 Vict. c. 89), as extended by section 171 of the Public Health Act 1875 (38 & 39 Vict. c. 55), and section 15 of the Transport Act 1985 (c. 67); and sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57); (b) as to private hire vehicles, sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
4. Power to license drivers of hackney carriages and private hire vehicles.	Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
5. Power to license operators of hackney carriages and private hire vehicles.	Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
6. Power to register pool promoters.	Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c. 2) To which there are amendments not relevant to these Regulations. .
7. Power to grant track betting licences.	Schedule 3 to the Betting, Gaming and Lotteries Act 1963 To which there are amendments not relevant to these Regulations. .
8. Power to license inter-track betting schemes.	Schedule 5ZA to the Betting, Gaming and Lotteries Act 1963 Schedule 5ZA was inserted by S.I. 1995/3231, article 5(6). .
9. Power to grant permits in respect of premises with amusement machines.	Schedule 9 to the Gaming Act 1968 (c. 65) To which there are amendments not relevant to these Regulations. .
10. Power to register societies wishing to promote lotteries.	Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32) To which there are amendments not relevant to these Regulations. .
11. Power to grant permits in respect of premises where amusements with prizes are provided.	Schedule 3 to the Lotteries and Amusements Act 1976 To which there are amendments not relevant to these Regulations. .
12. Power to issue cinema and cinema club licences.	Section 1 of the Cinema Act 1985 (c. 13).
13. Power to issue theatre licences.	Sections 12 to 14 of the Theatres Act 1968 (c. 54) Amended by the Local Government Act 1972, section 204(6) and the Local Government, Planning and Land Act 1980, section 1(6), Schedule 6 paragraph 11 and Schedule 34, Pt VI. .
14. Power to issue entertainments licences.	Section 12 of the Children and Young Persons Act 1933 (c. 12), section 79 of the Licensing Act 1964 (c. 26), sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c. 19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).
15. Power to license sex shops and sex cinemas.	The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3.
16. Power to license performances of hypnotism.	The Hypnotism Act 1952 (c. 46).
17. Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.	Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.
18. Power to license pleasure boats and pleasure vessels.	Section 94 of the Public Health Acts Amendment Act 1907 (c. 53) Amended by the Local Government Act 1974 (c. 7), Schedule 6, paragraph 1, section 18 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) and section 186 of the Local Government, Planning and Land Act 1980 (c. 65). Section 94(8) was substituted by the Deregulation (Public Health Acts Amendment Act) Order 1997 (S.I. 1997/1187). .
19. Power to license market and street trading.	Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982.
20. Power to license night cafes and take-away food shops.	Section 2 of the Late Night Refreshment Houses Act 1969 (c. 53) Amended by the Local Government Act 1972, section 204(9). .
21. Duty to keep list of persons entitled to sell non-medicinal poisons.	Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (c. 66) Section 5 was amended by the Local Government, Planning and land Act 1980, Schedule 6, paragraph 13(1). .
22. Power to license dealers in game and the killing and selling of game.	Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c. 32); sections 2 to 16 of the Game Licensing Act 1860 (c. 90), section 4 of the Customs and Inland Revenue Act 1883 (c. 10), sections 12(3) and 27 of the Local Government Act 1874 (c. 73), and section 213 of the Local Government Act 1972 (c. 70).
23. Power of register and license premises for the preparation of food.	Section 19 of the Food Safety Act 1990 (c. 16).
24. Power to license scrap yards.	Section 1 of the Scrap Metal Dealers Act 1964 (c. 69).
25. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.	The Safety of Sports Grounds Act 1975 (c. 52) Amended by the Fire Safety and Safety of Places of Sport Act 1987 (c. 27). See, in particular, Part II of, and Schedule 2 to, that Act. .
26. Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.	Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27).
27. Power to issue fire certificates.	Section 5 of the Fire Precautions Act 1971 (c. 40).
28. Power to license premises for the breeding of dogs.	Section 1 of the Breeding of Dogs Act 1973 (c. 60) and section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11).
29. Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.	Section 1 of the Pet Animals Act 1951 (c. 35) Amended by the Local Government Act 1974, section 42 and Schedule 8. ); section 1 of the Animal Boarding Establishments Act 1963(c. 43) Amended by the Local Government Act 1974, Schedule 6, paragraph 17 and by the Protection of Animals (Amendment) Act 1988 (c. 29), section 3(2) and (3) and the Schedule. ; the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70) Amended by the Local Government Act 1974, section 35(1) and (2) and Schedule 6, paragraph 18 and by the Protection of Animals (Amendment) Act 1988, section 3(2) and (3) of the Schedule. ; section 1 of the Breeding of Dogs Act 1973 (c. 60) Section 1 was amended by the Local Government, Planning and Land Act 1980, section 1(6), Schedule 6, Schedule 34, paragraph 15 and by the Protection of Animals (Amendment) Act 1988, section 3(2) and (3) and the Schedule. , and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999.
30. Power to register animal trainers and exhibitors.	Section 1 of the Performing Animals (Regulation) Act 1925 (c. 38) Amended by the Local Government Act 1974 sections 35(1) and (2) and 42, Schedule 6, paragraph 2(1) and Schedule 8. .
31. Power to license zoos.	Section 1 of the Zoo Licensing Act 1981 (c. 37) Amended by the Local Government, Planning and Land Act 1980, Schedule 6, paragraph 6, and by section 3 of the Protection of Animals (Amendment) Act 1988. .
32. Power to license dangerous wild animals. animals.	Section 1 of the Dangerous Wild Animals Act 1976 (c. 38).
33. Power to license knackers' yards.	Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I.1999/646).
34. Power to license the employment of children.	Part II of the Children and Young Persons Act 1933 (c. 33), byelaws made under that Part, and Part II of the Children and Young Persons Act 1963 (c. 37).
35. Power to approve premises for the solemnisation of marriages.	Section 46A of the Marriage Act 1949 (c. 76) and the Marriages (Approved Premises) Regulations 1995 (S. I. 1995/510) Section 46A was inserted by section 1 of the Marriage Act 1994 (c. 34). .
36. Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to— (a) an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c. 67) or (b) an order under section 147 of the Inclosure Act 1845 (c. 8 & 9 Vict. c. 118).	Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I.1969/1843).
37. Power to register variation of rights of common.	Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I.1966/1471) Amended by S.I. 1968/658. .
38. Power to license persons to collect for charitable and other causes.	Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (c. 31) and section 2 of the House to House Collections Act 1939 (c. 44) Amended by section 22 of the local Government (Miscellaneous Provisions) Act 1982 (c. 30). .
39. Power to grant consent for the operation of a loudspeaker.	Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).
40. Power to grant a street works licence.	Section 50 of the New Roads and Street Works Act 1991 (c. 22).
41. Power to license agencies for the supply of nurses.	Section 2 of the Nurses Agencies Act 1957 (c. 16).
42. Power to issue licences for the movement of pigs.	Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I.1995/11).
43. Power to license the sale of pigs.	Article 13 of the Pigs (Records, Identification and Movement) Order 1995.
44. Power to license collecting centres for the movement of pigs.	Article 14 of the Pigs (Records, Identification and Movement) Order 1995.
45. Power to issue a licence to move cattle from a market.	Article 5(2) of the Cattle Identification Regulations 1998 (S.I.1998/871).
46. Power to permit deposit of builder’s skip on highway.	Section 139 of the Highways Act 1980.
47. Power to license planting, retention and maintenance of trees etc. in part of highway.	Section 142 of the Highways Act 1980.
48. Power to license works in relation to buildings etc. which obstruct the highway.	Section 169 of the Highways Act 1980.
49. Power to consent to temporary deposits or excavations in streets.	Section 171 of the Highways Act 1980.
50. Power to dispense with obligation to erect hoarding or fence.	Section 172 of the Highways Act 1980.
51. Power to restrict the placing of rails, beams etc. over highways.	Section 178 of the Highways Act 1980.
52. Power to consent to construction of cellars etc. under street.	Section 179 of the Highways Act 1980 Amended by section 22 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30). .
53. Power to consent to the making of openings into cellars etc. under streets, and pavement lights and ventilators.	Section 180 of the Highways Act 1980.
54. Power to sanction use of parts of buildings for storage of celluloid.	Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35).
55. Power to approve meat product premises.	Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I.1994/3082) Amended by regulation 2 of the Meat Products (Hygiene) (Amendment) Regulations 1999 (S.I. 1999/683). .
56. Power to approve premises for the production of minced meat or meat preparations.	Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I.1995/3205).
57. Power to approve dairy establishments.	Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I.1995/1086) Amended by S.I. 1996/1699. .
58. Power to approve egg product establishments.	Regulation 5 of the Egg Products Regulations 1993 (S.I.1993/1520)
59. Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.	The Food Safety (General Food Hygeine)(Butchers Shops)(Amendment)(Wales) Regulations 2000(S.I.2000/3341) These Regulations amend the Food Safety (General Food Hygeine) Regulations 1995(S.I.1995/1763). .
60. Power to approve fish products premises.	Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I.1998/994).
61. Power to approve dispatch or purification centres.	Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
62. Power to register fishing vessels on board which shrimps or molluscs are cooked.	Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
63. Power to approve factory vessels and fishery product establishments.	Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
64. Power to register auction and wholesale markets.	Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
65. Duty to keep register of food business premises.	Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I.1991/2828).
66. Power to register food business premises.	Section 19 of the Food Safety Act 1990 (c. 16) and Regulation 9 of the Food Premises (Registration) Regulations 1991.
C. Functions relating to health and safety at work	
Functions under any of the “relevant statutory provisions” within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work etc. Act 1974, to the extent that those functions are discharged otherwise than in the authority’s capacity as an employer.	Part I of the Health and Safety at Work etc. Act 1974 (c. 37) For the definition of “the relevant statutory provisions” see section 53(1) of the Health and Safety at Work etc. Act 1974. See also the definitions of “the existing statutory provisions” and “health and safety regulations” in section 53(1) and, as to “health and safety regulations”, section 15(1) of that Act which was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 5. .
D. Functions relating to elections	
1. Duty to appoint an electoral registration officer.	Section 8(2) of the Representation of the People Act 1983 (c. 2) Subsection (4) of section 52 was substituted by the Representation of the People Act 1985 (c. 50), Schedule 4. .
2. Power to assign officers in relation to requisitions of the registration officer.	Section 52(4) of the Representation of the People Act 1983.
3. Power to dissolve community councils	Section 28 of the Local Government Act 1972.
4. Power to make orders for grouping communities	Section 29 of the Local Government Act 1972.
5. Power to make orders for dissolving groups and separating community councils from groups.	Section 29A of the Local Government Act 1972.
6. Duty to appoint returning officer for local government elections.	Section 35 of the Representation of the People Act 1983.
7. Duty to provide assistance at European Parliamentary elections.	Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978 (c. 10) Originally enacted as the European Assembly Elections Act 1978 and renamed by virtue of section 3 of the European Communities (Amendment) Act 1986 (c. 58). Schedule 1 was substituted by the European Parliamentary Elections Act 1999 (c. 1), Schedule 2. .
8. Duty to divide constituency into polling districts.	Section 18 of the Representation of the People Act 1983.
9. Power to divide electoral divisions into polling districts at local government elections.	Section 31 of the Representation of the People Act 1983.
10. Powers in respect of holding of elections.	Section 39(4) of the Representation of the People Act 1983
11. Power to pay expenses properly incurred by electoral registration officers.	Section 54 of the Representation of the People Act 1983.
12. Power to fill vacancies in the event of insufficient nominations.	Section 21 of the Representation of the People Act 1985.
13. Duty to declare vacancy in office in certain cases.	Section 86 of the Local Government Act 1972.
14. Duty to give public notice of a casual vacancy.	Section 87 of the Local Government Act 1972.
15. Power to make temporary appointments to community councils.	Section 91 of the Local Government Act 1972.
16. Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.	Rule 48(3) of the Local Elections (Principal Areas) Rules 1986 (S.I.1986/2214) and rule 48(3) of the Local Elections (Parishes and Communities) Rules 1986 (S.I.1986/2215).
17. Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.	Section 10 of the Representation of the People Act 2000 (c. 2).
18. Miscellaneous electoral functions under Part II, SI 1999/450	National Assembly for Wales (Representation of the People) Order 1999, SI 1999/450
E. Functions relating to name and status of areas and individuals	
1. Power to change the name of a county, or county borough	Section 74 of the Local Government Act 1972.
2. Power to change the name of a community.	Section 76 of the Local Government Act 1972.
3. Power to confer title of honorary alderman or to admit to be an honorary freeman.	Section 249 of the Local Government Act 1972.
4. Power to petition for a charter to confer county borough status.	Section 245A of the Local Government Act 1972.
F. Power to make, amend, revoke or re-enact byelaws	Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 30) Section 14 of the Interpretation Act 1978 is applied to byelaws made under section 235 of the Local Government Act 1972 by section 22(1) of, and paragraph 3 of Part I of Schedule 2 to, the Interpretation Act 1978. .
G. Power to promote or oppose local or personal Bills.	Section 239 of the Local Government Act 1972.
H. Functions relating to pensions etc.	
1. Functions relating to local government pensions, etc.	Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11) As to section 7 see also section 99 of the Local Government Act 2000 (c. 22). Section 12 of the Superannuation Act 1972 is amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7). .
2. Functions under the Fireman’s Pension Scheme relating to pensions, etc. as respects persons employed as members of fire brigades maintained pursuant to section 4 of the Fire Services Act 1947.	Section 26 of the Fire Services Act 1947 (10 & 11 Geo.6 c. 41) To which there are amendments not relevant to these Regulations. .
I. Miscellaneous functions	
1. Power to create footpaths and bridleways.	Sections 25 and 26 of the Highways Act 1980 (c. 66).
2. Power to stop up footpaths and bridleways.	Section 118 of the Highways Act 1980.
3. Power to divert footpaths and bridleways.	Section 119 of the Highways Act 1980.
4. Duty to assert and protect the rights of the public to use and enjoyment of highways.	Section 130 of the Highways Act 1980.
5. Powers relating to the removal of things so deposited on highways as to be a nuisance.	Section 149 of the Highways Act 1980.
6. Duty to keep a definitive map and statement under review.	Section 53 of the Wildlife and Countryside Act 1981 (c. 69).
7. Duty to reclassify roads used as public paths.	Section 54 of the Wildlife and Countryside Act 1981.
8. Duty to approve authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).	The Accounts and Audit Regulations 1996 (S.I.1996/590) Made under section 23 (regulations as to accounts) of the Local Government Finance Act 1982 (c. 32) as amended by section 27 of the Audit Commission Act 1998 (c. 18). .
9. Functions relating to sea fisheries.	Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38).
10. Powers relating to the preservation of trees.	Sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I.1999/1892).
11. Powers relating to the protection of important hedgerows.	The Hedgerows Regulations 1997 (S.I.1997/1160).
12. Power to make limestone pavement order.	Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69).
13. Power to make standing orders.	Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972 See also sections 8 and 20 of the Local Government and Housing Act 1989. .
14. Power to appoint staff.	Section 112 of the Local Government Act 1972.
15. Power to make standing orders as to contracts.	Section 135 of the Local Government Act 1972.
16. Power to consider adverse reports from the Local Commissioner.	Section 31A of the Local Government Act 1974.

SCHEDULE 2 FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S BOARD
Regulation 9
1. Any function under a local Act other than a function specified or referred to in paragraphs A — I of Schedule 1.
2. The determination of an appeal against any decision made by or on behalf of the authority.
3. The appointment of review boards under regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 1998.
1998 c. 14. Section 34(4) replaces section 63(3) of the Social Security Administration Act 1992. The Council Tax Benefit Regulations 1992 (S.I. 1992/1814) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), to which there are amendments not relevant to these Regulations, continue to have effect, by virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30), notwithstanding the repeal of section 63(3) of the Social Security Administration Act 1992.
4. The making of arrangements pursuant to subsection (1) of section 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (appeals against exclusion of pupils).
5. The making of arrangements pursuant to section 94(1) and (4) of, and Schedule 24 to, the School Standards and Framework Act 1998 (admission appeals).
6. The making of arrangements pursuant to section 95(2) of, and Schedule 25 to, the School Standards and Framework Act 1998 (children to whom section 87 applies: appeals by governing bodies).
7. The making of arrangements under section 20 (questions on police matters at council meetings) of the Police Act 1996 for enabling questions to be put on the discharge of the functions of a police authority.
1996 c. 16.
8. The making of appointments under paragraphs 2 to 4 (appointment of members by relevant councils) of Schedule 2 (police authorities established under section 3) to the Police Act 1996.
9. The conducting of best value reviews in accordance with the provisions of any order for the time being having effect under section 5 (best value reviews) of the Local Government Act 1999.
1999 c. 27.
10. Any function relating to contaminated land.
Part IIA of the Environmental Protection Act 1990 (c. 43) and subordinate legislation under that Part.
11. The discharge of any function relating to the control of pollution or the management of air quality.
See the Pollution Prevention and Control Act 1999 (c. 24), Part IV of the Environment Act 1995 (c. 25), Part I of the Environmental Protection Act 1990 (c. 43) and the Clean Air Act 1993 (c. 11).
12. The service of an abatement notice in respect of a statutory nuisance.
Section 80(1) of the Environmental Protection Act 1990.
13. The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area.
Section 8 of the Noise and Statutory Nuisance Act 1993 (c. 40).
14. The inspection of the authority’s area to detect any statutory nuisance.
Section 79 of the Environmental Protection Act 1990.
15. The investigation of any complaint as to the existence of a statutory nuisance.
Section 79 of the Environmental Protection Act 1990.
16. The obtaining of information under section 330 of the Town and Country Planning Act 1990 as to interests in land.
1990 c. 8.
17. The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 1976.
1976 c. 57.
18. The making of agreements for the execution of highways works.
Section 278 of the Highways Act 1980 (c. 66), substituted by the New Roads and Street Works Act 1991 (c. 22), section 23.
19. The appointment of any individual—
(a) to any office other than an office in which he is employed by the authority;
(b) to any body other than—
(i) the authority;
(ii) a joint committee of two or more authorities; or
(c) to any committee or sub-committee of such a body,
and the revocation of any such appointment.
20. Power to make payments or provide other benefits in cases of maladministration etc.
Section 92 of the Local Government Act 2000.
21. The discharge of any function by an authority acting as a harbour authority.

SCHEDULE 3 FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S BOARD
Regulation 10(1)
(1)	(2)
Plans and strategies	Reference
Behaviour Support Plans	Section 527A of the Education Act 1996
Best Value Performance Plan	Section 6(1) of the Local Government Act 1999 (c. 27)
Children’s Services Plan	Paragraph 1A of Schedule 2 to the Children Act 1989 (c. 41)
Community Care Plan	Section 46 of the National Health Service & Community Care Act 1990 (c. 19)
Community Strategy	Section 4 of the Local Government Act 2000 (c. 22)
Crime and Disorder Reduction Strategy	Sections 5 and 6 of the Crime and Disorder Act 1998 (c. 37)
Early Years Development Plan	Section 120 of the School Standards and Framework Act 1998.
Education Strategic Plan	Section 6 of the School Standards and Framework Act 1998.
Food Law Enforcement Service Plan	Section 12 of the Food Standards Act 1999 (c. 28)
Local Transport Plan	Section 92 of the Transport Act 2000
School Organisation Plan	Section 26 of the School Standards and Framework Act 1998
Plans and alterations which together comprise the Development Plan	Section 10A of the Town and Country Planning Act 1990
Welsh Language Scheme Youth Justice Plan	Section 5 of the Welsh Language Act 1993 Section 40 of the Crime and Disorder Act 1998 (c. 37).

SCHEDULE 4 CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S BOARD
Regulation 11
(1)	(2)
Function	Circumstances
1. The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy for the control of the authority’s borrowing or capital expenditure or referred to in Schedule 3.	The authority determines that the decision whether the plan or strategy should be adopted or approved should be taken by them.
2. The determination of any matter in the discharge of a function which— (a) is the responsibility of the board; and (b) is concerned with the authority’s budget, or their borrowing or capital expenditure.	The individual or body by whom, by virtue of any of sections 14 to 17 of the Local Government Act 2000 or provision made under section 18 or 20 of that Act, the determination is to be made— (a) is minded to determine the matter contrary to, or not wholly in accordance with— (i) the authority’s budget; or (ii) the plan or strategy for the time being approved or adopted by the authority in relation to their borrowing or capital expenditure; and (b) is not authorised by the authority’s alternative arrangements, financial regulations, standing orders or other rules or procedures to make a determination in those terms.
3. The determination of any matter in the discharge of a function— (a) which is the responsibility of the board; and (b) in relation to which a plan or strategy (whether statutory or non-statutory) has been adopted or approved by the authority.	The individual or body by whom, by virtue of any of sections 14 to 17 of the Local Government Act 2000 or provision made under section 18 or 20 of that Act, the determination is to be made, is minded to determine the matter in terms contrary to the plan or, as the case may be, the strategy adopted or approved by the authority.

(This note does not form part of the Regulations)
Part II of the Local Government Act 2000 (the 2000 Act) 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)).
These Regulations permit all county councils and county borough councils in Wales to operate alternative arrangements provided that those arrangements are in the form required by these Regulations.
Regulation 4 specifies the committees which must be established when an authority operates alternative arrangements. They are a Board, a principal scrutiny committee and such other scrutiny committees as the council may decide (subject to a minimum of three and a maximum of eight in addition to the principal scrutiny committee). Authorities have a discretion whether to establish planning, licensing, area and audit committees.
Under alternative arrangements committees and sub-committees are subject to the requirements of Part VA of the Local Government Act 1972 (the 1972 Act) and there is a requirement for compliance with section 15 of the Local Government and Housing Act 1989 (duty to allocate seats to political groups) (regulation 5). In addition, authorities must allocate the chairpersonships of committees (so far as is practicable) to reflect the political groups in a local authority (regulation 5(3)).
Committees established for the purposes of alternative arrangements (except for area committees established under regulation 4) are to comprise a maximum of ten members or twenty per cent of the authority’s members (whichever is greater) (regulation 5(2)). In calculating this percentage numbers are to be rounded up where there are not whole numbers.
Planning, licensing or area committees dealing with matters specified in Part A of Schedule 1 (town and country planning and development control) must have a minimum of eight members (regulation 5(4)).
Area committees, where established, must collectively cover the whole of a local authority’s area. They must be at least three in number and each member of an authority shall be entitled to sit on one area committee (regulation 5(5)).
The Board of a local authority may include the chairperson of the authority’s planning committee (where such a committee has been established) and the chairpersons of any area committees of the authority (where such committees have been established).
When a local authority establishes an audit committee it may delegate to that committee provided that such delegation is not prohibited by any other enactment. Audit committees cannot include Board members but may include members who are not members of the authority. Those persons are not entitled to vote. The Chairperson of an audit committee must be from a different political group to that of the Chairperson of the Board (except where there is only one political group) and must be a member of the authority. Audit committees may appoint sub-committees.
Regulation 6 sets out requirements in respect of principal scrutiny committees and other scrutiny committees. A principal scrutiny committee shall not include members of the Board and its chairperson is to come from a different political group to that of the chairperson of the Board (regulation 6(1)). Scrutiny committees (other than a principal scrutiny committee) may comprise up to three Board members but members who are non Board members must form the majority of the membership of these committees. Board members cannot chair scrutiny committees (regulation 6(2)).
Those powers to be delegated to scrutiny committees by local authorities are set out in regulation 6(3). Principal scrutiny committees are to be delegated the same powers as other Scrutiny committees but the exercise of those powers is limited to the functions of the Board of an authority (regulation 6(4)).
A local authority operating alternative arrangements must provide a mechanism to enable a principal scrutiny committee and a scrutiny committee to refer decisions or proposed decisions of the Board (which relate to the functions of the principal scrutiny committee or scrutiny committee) to the full Council for consideration (regulation 6(9)).
Both principal scrutiny committees and scrutiny committees may comprise members who are not members of the authority but such members cannot have voting rights (regulation 6(10)) and are not entitled to chair such committees.
Where a local authority’s function of conducting best value reviews (section 5 of the Local Government Act 1999) is not the responsibility of the Board those reviews may be carried out by a principal scrutiny committee or any scrutiny committee.
Regulation 6 also sets out requirements in respect of the rights of members of principal scrutiny committees and scrutiny committees to raise matters relevant to the functions of such committees and what those committees can do in terms of attendance of non-committee members at their meetings.
Regulation 7 specifies that there must be delegation by an authority to a Board, subject to certain limitations.
Regulations 8, 9,10 and 11, by reference to the Schedules to the Regulations, set out the limitations on what functions may be exercised by a Board of a local authority. Schedule 1 lists those functions which may not be exercised by the Board and Schedule 2 lists those functions which may be the responsibility of an authority’s Board, if the authority so decides. Regulation 10, by reference to Schedule 3, sets out what actions may not be the sole responsibility of an authority’s Board. By regulation 11 those functions listed in Schedule 4, which but for regulation 11 would be the responsibility of a Board, are not to be the Board’s responsibility in the circumstances set out in column (2) of that Schedule.
A Board may direct that any decision to be made by a planning, licensing or area committee in relation to town and country planning and development control functions (regulation 12 and Part A of Schedule 1) shall be made by the authority.
Regulation 13 allows a local authority, or a Board of the authority, to make arrangements under section 101(5) of the 1972 Act, subject to the provisions of regulation 19 which require that such arrangements must be with the Board of another local authority or another local authority. The regulation also contains specific provisions relating to the discharge of functions by a joint committee in such circumstances including, at regulation 19(8), the need for there to be compliance, in respect of joint committees, with Part VA of the 1972 Act (access to meetings and documents).
The Board of a local authority may, in addition to discharging functions via the whole Board, discharge its functions through a single member of the Board, a committee of the Board or an officer of the authority (regulation 13(b)).
Regulations 15 and 16 provide for the discharge of a local authority’s functions by another local authority or Board in specified circumstances. Where, in accordance with regulations 15 and 16, arrangements are in force for the discharge of any functions of a Board by the Board of another local authority, the functions which are the subject of that arrangement are to be treated as being those of the other authority for the purposes of the 2000 Act (regulation 17).
When a local authority exercises functions under an arrangement under regulation 15 (where functions are those of the Board of another authority) the exercising authority may discharge such functions by a committee, sub-committee or officer (regulation 18).