2001 No. 2291 (W.179)

LOCAL GOVERNMENT, WALES

The Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001

Made21st June 2001

Coming into force28th July 2001

The National Assembly for Wales makes the following Regulations in exercise of the powers conferred on it by sections 13, 105 and 106 of the Local Government Act 20001.

Name, commencement, application and interpretation1.

(1)

These Regulations are called the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001 and shall come into force on 28th July 2001.

(2)

These Regulations apply to local authorities in Wales.

(3)

In these Regulations—

“the 1972 Act” (“Deddf 1972”) means the Local Government Act 19722;
“the 1998 Act” (“Deddf 1998”) means the School Standards and Framework Act 19983;
“the 1990 Regulations” (“Rheoliadau 1990”) means the Local Government (Committees and Political Groups) Regulations 1990 4.

Functions not to be the responsibility of an authority’s executive2.

(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) are not to be the responsibility of an executive 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 an executive 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 an executive 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 as mentioned in paragraph (2)(a);

(b)

any failure to comply with a condition, limitation, 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 an executive of the authority,

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

(4)

The function of—

(a)

amending, modifying or varying any such approval, consent, licence, permission or registration as mentioned in paragraph (2), 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 an executive of the authority.

(5)

The function of making any scheme authorised or required by regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 19895, or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.

(6)

The functions of determining—

(a)

the amount of any allowance payable under—

(i)

subsection (5) of section 3 (chairman’s expenses) of the 1972 Act;

(ii)

subsection (4) of section 5 (vice-chairman’s expenses) of that Act;

(iii)

subsection (4) of section 173 (financial loss allowance) of that Act6;

(iv)

section 175 (allowances for attending conferences and meetings) of that Act;

(b)

the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act;

(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 an executive 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 an executive of the authority.

(7)

Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act 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 under section 20 (joint exercise of functions) of the Local Government Act 2000, 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 an executive of the authority.

(9)

Unless otherwise provided by any other provision of 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 an executive 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 executive3.

(1)

The functions specified in Schedule 2 may be (but need not be) the responsibility of an executive of the authority.

(2)

Nothing in these Regulations shall prevent a local authority from exercising those functions delegated to an executive of the authority.

Functions not to be the sole responsibility of an authority’s executive4.

(1)

In connection with the discharge of the function—

(a)

of formulating or preparing a plan, scheme or strategy, of a description specified in column (1) of Schedule 3 to these Regulations;

(b)

of formulating a plan or strategy for the control of the authority’s borrowing or capital expenditure; or

(c)

of formulating or preparing any other plan, scheme 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) (“the paragraph (3) actions”) shall not be the responsibility of an executive of the authority.

(2)

Except to the extent of the paragraph (3) actions, any such function as is mentioned in paragraph (1) shall be the responsibility of such an executive.

(3)

The actions designated by this paragraph are—

(a)

the giving of instructions requiring the executive to reconsider any draft plan, scheme or strategy submitted by the executive for the authority’s consideration;

(b)

the amendment of any draft plan, scheme or strategy submitted by the executive for the authority’s consideration;

(c)

the approval, for the purpose of its submission to the National Assembly or any Minister of the Crown for approval, of any plan, scheme 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, scheme or strategy).

(4)

The function of amending, modifying, varying or revoking any plan, scheme 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 an executive 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 or a Minister of the Crown in relation to a plan, scheme 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, scheme or strategy, as the case may be; and

(b)

shall not be the responsibility of such an executive 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 (programmes for disposals) of the Leasehold Reform, Housing and Urban Development Act 19937; or

(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 19858,

shall be the responsibility of an executive 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 an executive 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 an executive of the authority;

(b)

of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of an executive 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 49, 52I, 52J, 52T and 52U of the Local Government Finance Act 19929 or any of sections 43 to 51 or section 61 of that Act, whether originally or by way of substitute; or

(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 an executive of the authority.

(10)

Except to the extent of the paragraph (11) actions, any such function as is mentioned in paragraph (9) shall not be the responsibility of such an executive of the authority.

(11)

The actions designated by this paragraph 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 executive functions by authorities5.

(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 an executive of the authority), shall not be the responsibility of such an executive 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 chairman of a relevant overview and scrutiny committee or, if there is no such person, or if the chairman of every relevant overview and scrutiny committee is unable or unwilling to act, from the chairman of the authority or, in that person’s absence, from the vice-chairman, a statement in writing that the determination needs to be made as a matter of urgency.

(3)

In paragraph (2) “relevant overview and scrutiny committee” means an overview and scrutiny committee of the authority concerned 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 an executive of the authority.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199810.

D. Elis-Thomas

The Presiding Officer of the National Assembly

21st June 2001

SCHEDULE 1FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 2

(1)	(2)
Function	Provision of Act or Statutory Instrument
A. Functions relating to town and country planning and development control
1. Power to determine applications for planning permission.	Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8)11.
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 199012.
4. Power to decline to determine applications for planning permission.	Section 70A of the Town and Country Planning Act 199013.
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 applications 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)14.
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 agreements 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 199015.
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 199216.
12. Power to authorise entry onto land.	Section 196A of the Town and Country Planning Act 199017.
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 199018.
15. Power to issue an enforcement notice.	Section 172 of the Town and Country Planning Act 199019.
16. Power to apply for an injunction restraining a breach of planning control.	Section 187B of the Town and Country Planning Act 199020.
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 applications for listed building consent, and related powers.	Section 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 Act21.
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 199022.
27. Power to execute urgent works.	Section 54 of the Planning (Listed Buildings and 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 pools promoters.	Schedule 2 to the Betting, Gambling and Lotteries Act 1963 (c. 2)23.
7. Power to grant track betting licences.	Schedule 3 to the Betting, Gaming and Lotteries Act 196324.
8. Power to license inter-track betting schemes.	Schedules 5ZA to the Betting, Gaming and Lotteries Act 196325.
9. Power to grant permits in respect of premises with amusement machines.	Schedule 9 to the Gaming Act 1968 (c. 65)26.
10. Power to register societies wishing to promote lotteries.	Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)27.
11. Power to grant permits in respect of premises where amusements with prizes are provided.	Schedule 3 to the Lotteries and Amusements Act 197628.
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)29.
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)30.
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)31.
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)32.
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)33.
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)34; section 1 of the Animal Boarding Establishments Act 1963(c. 43)35; the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70)36; section 1 of the Breeding of Dogs Act 1973 (c. 60)37, 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)38.
31. Power to license zoos.	Section 1 of the Zoo Licensing Act 1981 (c. 37)39.
32. Power to license dangerous wild 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)40.
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.1966/147141).
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. 4442).
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 198043.
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.1994/308244).
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.1995/108645).
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 Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000 (S.I.2000/3341)46.
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)47.
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)48.
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)49.
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)50.
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)51.
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)52.
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)53.
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 197254.
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 1972.

SCHEDULE 2FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 3

1.

Any function under a local Act other than a function specified or referred to in 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 199855.

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 199656 for enabling questions to be put on the discharge of the functions of a police authority.

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 199957.

10.

Any function relating to contaminated land58.

11.

The discharge of any function relating to the control of pollution or the management of air quality59.

12.

The service of an abatement notice in respect of a statutory nuisance60.

13.

The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area61.

14.

The inspection of the authority’s area to detect any statutory nuisance62.

15.

The investigation of any complaint as to the existence of a statutory nuisance63.

16.

The obtaining of information under section 330 of the Town and Country Planning Act 199064 as to interests in land.

17.

The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 197665.

18.

The making of agreements for the execution of highways works66.

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 etc67.

21.

The discharge of any function by an authority acting as a harbour authority.

SCHEDULE 3FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 4(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	Section 5 of the Welsh Language Act 1993
Youth Justice Plan	Section 40 of the Crime and Disorder Act 1998 (c. 37).

SCHEDULE 4CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 5

(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 executive; 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 executive 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 executive; 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 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 the 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 such an executive only to a limited extent or only in specified circumstances.

Regulation 2(1) of these Regulations provides that the functions listed in Schedule 1 (“Schedule 1 functions”) are not to be the responsibility of an authority’s executive.

Regulation 2(2) provides that the function of imposing conditions, limitations, restrictions or other terms on any approval, consent, licence, permission or registration granted or issued in the exercise of Schedule 1 functions, or functions under a local Act (unless in that case the approval, consent, licence, permission or registration was granted or issued by an authority’s executive), is not to be the responsibility of an authority’s executive.

Regulation 2(3) provides that the function of determining whether, and in what manner, to enforce contraventions of approvals, consents, licences, permissions or registrations granted or issued in the exercise of Schedule 1 functions, or functions under a local Act (unless in that case the approval, consent, licence, permission or registration was granted or issued by an authority’s executive), is not to be the responsibility of an authority’s executive. It also provides that the function of determining whether, and in what manner, to enforce other contraventions, in relation to matters for which an approval, consent, licence, permission or registration should have been sought, is not to be the responsibility of an authority’s executive where the approval, consent, licence, permission or registration could have been granted in the exercise of Schedule 1 functions.

Regulation 2(4) provides that the function of amending, modifying, varying or revoking any approval, consent, licence, permission or registration to which regulation 2(2) applies is not to be the responsibility of an authority’s executive.

Regulation 2(5) provides that 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 an authority’s executive.

Regulation 2(6) provides that the function of determining the amount of various allowances payable to members of local authorities under the Local Government Act 1972 (“the 1972 Act”), the rates at which certain payments under that Act by way of allowances are to be made, the amounts payable under schemes under section 18 of the Local Government and Housing Act 1989 and the rates of payments under such schemes, are not to be the responsibility of an authority’s executive. It also provides that the function of determining whether a charge should be made for any approval, consent, licence, permit or registration granted or issued in the exercise of Schedule 1 functions, and the amount of any such charge, are not to be the responsibility of an authority’s executive.

The effect of regulation 2(7) is to prevent an authority from arranging for the discharge of the functions specified in regulation 2(5) or (6) (a) to (c) by a committee, sub-committee or officer. (Other functions referred to in regulation 2 which are not the responsibility of an authority’s executive may be discharged by a committee, sub-committee or officer of the authority under arrangements under section 101 of the 1972 Act.)

Regulation 2(8) provides, with one exception, that the making of arrangements for the discharge of functions under section 101(5) of the 1972 Act and the appointment of Committees under section 102 of the 1972 Act is not to be the responsibility of an authority’s executive. The exception related to provision made in regulations under section 20 of the Local Government Act 2000, which may allow the executive of an authority to make appointments under section 102 of the 1972 Act.

Paragraph (9) of regulation 2 provides that, unless permitted by another provision of the Regulations, any other function which, by virtue of any Act of Parliament or subordinate legislation may be discharged only by an authority, is not to be the responsibility of an authority’s executive.

Regulation 3(1) provides that the functions mentioned in Schedule 2 may be (but need not be) the responsibility of an authority’s executive.

Paragraphs (1) to (3) of regulation 4 allocate responsibility for various aspects of functions relating to the formulation and preparation of plans and strategies, of the descriptions specified in Schedule 3, between an authority and their executive. They also apply to other plans and strategies whose adoption or approval is a matter for determination by the authority themselves in accordance with regulation 5(1). Paragraphs (4) of Regulation 4 allocated responsibility for the amendment, modification, variation or revocation of the plans and strategies specified in Schedule 3. Paragraphs (5) to (7) of regulation 4 make similar provision in relation to functions concerned with the disposal of an authority’s housing land.

Where an aspect of a function referred to in paragraph (1), (4) or (5) of regulation 4 is not to be the responsibility of an authority’s executive, paragraph (8) of that regulation has the effect that the authority may not arrange for it to be discharged by any of the authority’s committees, sub-committees or officers.

Paragraphs (9) to (11) of regulation 4 allocate responsibility for various aspects of functions relating to council tax, precepts and other calculations under the Local Government Finance Act 1992. To the extent that the function relates to the preparation and revision of estimates and other amounts for consideration by an authority it is to be the responsibility of an authority’s executive. Other aspects of the function, such as the setting of an amount of council tax for a financial year, are to be the responsibility of the authority.

Regulation 5(1) and schedule 4 specify the circumstances in which certain functions, which would otherwise be the responsibility of an authority’s executive, are not to be the responsibility of such an executive. The circumstances are listed in column (2) of Schedule 4, and the functions to which they relate are listed in column (1). An exception is provided in regulation 5(2) for certain determinations which need to be made as a matter of urgency. In those cases, the determination can be made by the authority’s executive only with the prior written agreement of a chairman of a relevant overview and scrutiny committee (defined in regulation 5(3)) or, in specified circumstances, of the chairman or vice-chairman of the authority. Regulation 5(4) requires the individual or body by whom the determination is made to submit a report to the authority of the action taken.