The Local Authorities (Functions and Responsibilities) (England) Regulations 2000

Made: 19th October 2000

Laid before Parliament: 26th October 2000

Coming into force: 16th November 2000

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 13 and 105 of the Local Government Act 2000¹ hereby makes the following Regulations:

Citation, commencement, application and interpretation

1

• (1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and shall come into force on 16th November 2000.

• (2) These Regulations apply in relation to local authorities in England.

• (3) In these Regulations—

• “the 1972 Act” means the Local Government Act 1972²;

• “the 1998 Act” means the School Standards and Framework Act 1998³ ; ...

• “the 2000 Act” means the Local Government Act 2000;

• “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;

• “the 2005 Act” means the Gambling Act 2005 (c. 19);

• “the Gambling Act Order” means the Gambling Act 2005 (Commencement No 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272);...

• “the 2006 Act” means the Health Act 2006 ; and

• “the 2007 Act” means the Local Government and Public Involvement in Health Act 2007.

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

2

• (1) The functions of a local authority specified in column (1) of Schedule 1 to these Regulations by reference to the enactments, directions and circulars specified in relation to those functions in column (2) are not to be the responsibility of an executive of the 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 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 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 is mentioned in paragraph (2), or any condition, limitation 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 1989⁴, or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.

• (6) The function of determining—

• (a) the amount of any allowance payable under—

• (i) subsection (5) of section 3 (chairman’s expenses) of , or paragraph 2(4) (chairman and mayor) of Schedule 2 to, the 1972 Act;

• (ii) subsection (4) of section 5 (vice-chairman’s expenses) of , or paragraph 5(4) (power of mayor of London borough to appoint deputy) of Schedule 2 to, that Act;

• (iii) subsection (4) of section 173 (financial loss allowance) of that Act⁵;

• (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,

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

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

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

• (6C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• (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), (6)(a) to (c) or (6A), (6B), (6E) or (6F).

• (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) The functions of York City Council in relation to the management of the Yorkshire Museum and Gardens pursuant to an agreement dated 30th December 1960 between that Council and the Yorkshire Philosophical Society⁶ are not to be the responsibility of an executive of that Council.

• (10) The functions of South Lakeland District Council in relation to the management of land at Lake Windermere pursuant to an agreement dated 1st April 1975 between that Council, Windermere Parish Council and Lakes Parish Council⁷ are not to be the responsibility of an executive of the District Council.

• (11) 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.

• (12) In paragraphs (1) and (11), “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 1978⁸).

Functions which may be the responsibility of an authority’s executive

3

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

• (2) The functions of Hastings Borough Council in relation to the management of the Hastings and Saint Leonards Museum⁹ may be (but need not be) the responsibility of an executive of the Council.

• (3) Where the functions mentioned in paragraph (2) are the responsibility of the Council’s executive, the Hastings and Saint Leonards Museum Association may appoint persons who are for the time being members of the Association to attend any meeting of an overview and scrutiny committee of that Council, or of a sub-committee of any such committee (“the relevant committee or sub-committee”), at which the management of the Museum is the subject of consideration; and the persons so appointed shall, subject to paragraph (4), be entitled to speak and vote at the meeting on any question relating to the management of the Museum which falls to be decided at the meeting.

• (4) The number of persons appointed as mentioned in paragraph (3) shall, as nearly as may be, bear to the number for the time being of members of the relevant committee or sub-committee, the same proportion as 2 bears to 5, but the number of persons representing the Association at any such meeting as is referred to in that paragraph as are entitled to vote shall not exceed the number of members of the relevant committee or sub-committee present at that meeting.

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

4

• (1) In connection with the discharge of the function—

• (a) of formulating or preparing a plan 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, investments or capital expenditure or for determining the authority’s minimum revenue provision; or

• (c) of 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) (“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 or strategy submitted by the executive for the authority’s consideration;

• (b) the amendment of any draft plan or strategy submitted by the executive for the authority’s consideration;

• (bb) the approval, for the purposes of public consultation in accordance with regulation 10 or 22 of the Town and Country Planning (Development Plans) (England) Regulations 1999, of draft proposals associated with the preparation of alterations to, or the replacement of, a development plan;

• (c) the approval, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his 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; ...

• (ca) the approval, for the purpose of its submission to the Secretary of State for independent examination under section 20 (independent examination) of the 2004 Act, of a development plan document; and

• (d) the adoption (with or without modification) of the plan or strategy.

• (4) The function of amending, modifying , revising, varying, withdrawing 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 an executive of the authority to the extent that the making of the amendment, modification , revision, variation, withdrawal or revocation—

• (i) is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for his approval, or to any part so submitted; ...

• (ia) is recommended by the person carrying out, under section 20 of the 2004 Act, an independent examination of a development plan document; or

• (ii) is authorised by a determination made by the authority when approving or adopting the plan or strategy, as the case may be; and

• (b) shall not be the responsibility of such an executive to any other extent.

• (4A) In connection with the discharge of functions under any of sections 28 to 31 (joint local development documents and joint committees) of the 2004 Act, the actions designated by paragraph (4C) (“the paragraph (4C) actions”) shall not be the responsibility of an executive of the authority.

• (4B) Except to the extent of the paragraph (4C) actions, any such function as is mentioned in paragraph (4A) shall be the responsibility of such an executive.

• (4C) The actions designated by this paragraph are—

• (a) the making of an agreement to prepare one or more joint development plan documents;

• (b) the making of an agreement to establish a joint committee to be, for the purposes of Part 2 (local development) of the 2004 Act, the local planning authority;

• (c) where the authority is a constituent authority to a joint committee, the making of an agreement that the joint committee is to be, for the purposes of Part 2 of the 2004 Act, the local planning authority for any area or matter which is not the subject of an order under section 29 of the 2004 Act or an earlier agreement under section 30 of the 2004 Act; and

• (d) the making of a request to the Secretary of State for the revocation of an order constituting a joint committee as the local planning authority for any area or in respect of any matter.

• (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 1993¹⁰, for the inclusion of a disposal in a disposals programme or

• (b) for consent to that disposal 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 1985¹¹,

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 exent 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), (4A) 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 1992¹², whether originally or by way of substitute; or

• (b) issuing a precept under Chapter IV of Part I of that Act,

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.

• (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 and estimates of the calculation; or

• (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.

• (12) The function, pursuant to an order under section 70 (functions of local authorities) of the Deregulation and Contracting Out Act 1994, of authorising a person to exercise a function to which that section applies (“section 70 function”)—

• (a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of that executive; and

• (b) shall not be the responsibility of such an executive to any other extent.

• (13) The function of revoking such an authorisation as is referred to in paragraph (12)—

• (a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of the executive; and

• (b) shall not be the responsibility of such an executive to any other extent.

Discharge of executive functions by authorities

5

• (1) Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 to these Regulations (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 to act, from the chairman of the authority or, in his 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 actions 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.

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

Functions relating to town and country planning and development control

A

1

. . .

2

. . .

3

. . .

4

. . .

5

Power to determine application for planning permission or permission in principle.

6

Power to determine applications to develop land without compliance with conditions previously attached.

7

Power to grant planning permission for development already carried out.

8

Power to decline to determine application for planning permission or permission in principle.

9

Duties relating to the making of determinations of planning applications.

10

Power to determine application for planning permission or permission in principle made by a local authority, alone or jointly with another person.

11

Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.

12

Power to enter into agreement regulating development or use of land.

13

Power to issue a certificate of existing or proposed lawful use or development.

14

Power to serve a completion notice.

15

Power to grant consent for the display of advertisements.

16

Power to authorise entry onto land.

17

Power to require the discontinuance of a use of land.

18

Power to serve a planning contravention notice, breach of condition notice or stop notice.

19

Power to issue an enforcement notice.

20

Power to apply for an injunction restraining a breach of planning control.

21

Power to determine applications for hazardous substances consent, and related powers.

22

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.

23

Power to require proper maintenance of land.

24

Power to determine application for listed building consent, and related powers.

25

. . .

26

Duties relating to applications for listed building consent ....

27

Power to serve a building preservation notice, and related powers.

Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule)

B

1

Power to issue licences authorising the use of land as a caravan site (“site licences”).

2

Power to license the use of moveable dwellings and camping sites.

3

Power to license hackney carriages and private hire vehicles.

4

Power to license drivers of hackney carriages and private hire vehicles.

5

Power to license operators of hackney carriages and private hire vehicles.

6

Power to register pool promoters.

7

Power to grant track betting licences.

8

Power to license inter-track betting schemes.

9

Power to grant permits in respect of premises with amusement machines.

10

Power to register societies wishing to promote lotteries.

11

Power to grant permits in respect of premises where amusements with prizes are provided.

12

Power to issue cinema and cinema club licences.

13

Power to issue theatre licences.

14

Power to issue entertainments licences.

14B

Power to resolve not to issue a casino premises licence

16

Power to license performances of hypnotism.

17

Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

18

Power to license pleasure boats and pleasure vessels.

19

Power to register door staff.

20

Power to license market and street trading.

21

Power to license night cafes and take-away food shops.

22

. . .

23

Power to license dealers in game and the killing and selling of game.

24

Power of register and license premises for the preparation of food.

25

Power to license scrap yards.

26

Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

27

Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

28

Power to issue fire certificates.

29

Power to grant or renew a licence for a licensable activity under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (selling animals as pets, providing or arranging for the provision of boarding for cats or dogs, hiring out horses, breeding dogs or keeping or training animals for exhibition).

30

Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

31

Power to register animal trainers and exhibitors.

32

Power to license zoos.

33

Power to license dangerous wild animals.

34

Power to license knackers' yards.

35

Power to license the employment of children.

36

Power to approve premises for the solemnisation of marriages.

37

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).

38

Power to register variation of rights of common.

39

Power to license persons to collect for charitable and other causes.

40

Power to grant consent for the operation of a loudspeaker.

41

Power to grant a street works licence.

42

Power to license agencies for the supply of nurses.

43

Power to issue licences for the movement of pigs.

44

Power to license the sale of pigs.

45

Power to license collecting centres for the movement of pigs.

46

Power to issue a licence to move cattle from a market.

47

Power to permit deposit of builder’s skip on highway.

48

Power to license planting, retention and maintenance of trees etc. in part of highway.

49

Power to authorise erection of stiles etc. on footpaths or bridleways.

50

Power to license works in relation to buildings etc. which obstruct the highway.

51

Power to consent to temporary deposits or excavations in streets.

52

Power to dispense with obligation to erect hoarding or fence.

53

Power to restrict the placing of rails, beams etc. over highways.

54

Power to consent to construction of cellars etc. under street.

55

Power to consent to the making of openings into cellars etc. under streets, and pavement lights and ventilators.

56

Power to sanction use of parts of buildings for storage of celluloid.

57

Power to approve meat product premises.

58

Power to approve premises for the production of minced meat or meat preparations.

59

Power to approve dairy establishments.

60

Power to approve egg product establishments.

61

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.

62

Power to approve fish products premises.

63

Power to approve dispatch or purification centres.

64

Power to register fishing vessels on board which shrimps or molluscs are cooked.

65

Power to approve factory vessels and fishery product establishments.

66

Power to register auction and wholesale markets.

67

Duty to keep register of food business premises.

Power to register food business premises.

68

Power to register food business premises.

Functions relating to health and safety at work

C

Functions relating to elections

D

1

Duty to appoint an electoral registration officer.

2

Power to assign officers in relation to requisitions of the registration officer.

3

Functions in relation to parishes and parish councils.

4

Power to dissolve small parish councils.

5

Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.

6

Duty to appoint returning officer for local government elections.

7

Duty to provide assistance at European Parliamentary elections.

8

Duty to divide constituency into polling districts.

9

Power to divide electoral divisions into polling districts at local government elections.

10

Powers in respect of holding of elections.

11

Power to pay expenses properly incurred by electoral registration officers.

12

Power to fill vacancies in the event of insufficient nominations.

13

Duty to declare vacancy in office in certain cases.

14

Duty to give public notice of a casual vacancy.

15

Power to make temporary appointments to parish councils.

16

. . .

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.

Functions relating to name and status of areas and individuals

E

1

Power to change the name of a county, district or London borough.

2

Power to change the name of a parish.

3

Power to confer title of honorary alderman or to admit to be an honorary freeman.

4

Power to petition for a charter to confer borough status.

Power to make, amend, revoke or re-enact byelaws

F

Power to promote or oppose local or personal Bills.

G

Functions relating to pensions etc.

H

1

Functions relating to local government pensions, etc.

2

Functions under the Fire-fighters' Pension Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004

Miscellaneous functions

I

1

Power to create footpaths and bridleways.

2

Power to stop up footpaths and bridleways.

3

Power to divert footpaths and bridleways.

4

Duty to assert and protect the rights of the public to use and enjoyment of highways.

5

Powers relating to the removal of things so deposited on highways as to be a nuisance.

6

Duty to keep a definitive map and statement under review.

7

Duty to reclassify roads used as public paths.

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).

9

Functions relating to sea fisheries.

10

Powers relating to the preservation of trees.

11

Powers relating to the protection of important hedgerows.

12

Power to make limestone pavement order.

13

Power to make standing orders.

14

Power to appoint staff.

15

Power to make standing orders as to contracts.

16

Power to make payments or provide other benefits in cases of maladministration etc.

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

1

Any function under a local Act other than a function specified or referred to in regulation 2 or 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 1998³⁴.

4

The making of arrangements in relation to appeals against the exclusion of pupils from maintained schools.

5

The making of arrangements pursuant to sections 94(1), (1A) and (4) of the 1998 Act (admissions appeals).

6

The making of arrangements pursuant to section 95(2) of the 1998 Act (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 1996³⁵ 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

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

Any function relating to contaminated land³⁶.

11

The discharge of any function relating to the control of pollution or the management of air quality³⁷.

12

The service of an abatement notice in respect of a statutory nuisance³⁸.

13

The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area³⁹.

14

The inspection of the authority’s area to detect any statutory nuisance⁴⁰.

15

The investigation of any complaint as to the existence of a statutory nuisance⁴¹.

16

The obtaining of information under section 330 of the Town and Country Planning Act 1990⁴² 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 1976⁴³.

18

The making of agreements for the execution of highways works⁴⁴.

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.

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

(1)	(2)
Plans and strategies	Reference
Annual Library Plan	Section 1(2) of the Public Libraries and Museums Act 1964 (c. 75).
Best Value Performance Plan	Section 6(1) of the Local Government Act 1999 (c. 27)45.
Children and Young People’s Plan	Children and Young People’s Plan (England) Regulations 2005.
. . .	. . .
. . .	. . .
Crime and Disorder Reduction Strategy	Sections 5 and 6 of the Crime and Disorder Act 1998 (c. 37).
Development plan documents	Section 15 of the 2004 Act.
. . .	. . .
Licensing Authority Policy Statement	section 349 of the 2005 Act.
. . .	. . .
Local Transport Plan	Section 108(3) of the Transport Act 2000 (c. 38).
Plans and alterations which together comprise the Development Plan	afor Greater London and the metropolitan counties, section 27 of the Town and Country Planning Act 1990 (c. 8)46;bfor districts outside Greater London and the metropolitan counties, section 54 of that Act.
Sustainable Community Strategy	Section 4 of the 2000 Act.
Youth Justice Plan	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 EXECUTIVE

1

The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy of a description referred to in regulation 4(1)(b) or Schedule 3.

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.

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.

Signed

Signed by authority of the Secretary of State for the Environment, Transport and the Regions

Hilary Armstrong — Minister of State, — Department of the Environment, Transport and the Regions — 19th October 2000

Explanatory note

(This note is not 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 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 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 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 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 funtion 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 functions 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 responsiblity 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 responsiblity 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, within 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 relates 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.

Regulation 2(9) and (10) makes special provision in relation to York City Council’s functions relating to the management of the Yorkshire Museum and Gardens and to South Lakeland District Council’s functions relating to the management of land at Lake Windermere. None of the functions referred to in those paragraphs is to be the responsibility of the relevant Council’s executive.

Regulation 2(11) and (12) precludes an authority’s executive from discharging functions which, in accordance with any public or local Act, or any subordinate legislation, must be discharged by the authority themselves, unless the discharge of the function by the executive is authorised by any other provision of these Regulations.

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

Regulation 3(2) provides that Hastings Borough Council’s functions relating to the management of the Hastings and Saint Leonard’s Museum may be (but need not be) the responsibility of an authority’s executive, and paragraphs (3) and (4) of that regulation make consequential and supplementary provision where those functions are the responsiblity of the Council’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). Paragraph (4) of regulation (4) allocates 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 their 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, that 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 that 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.

The effect of regulation 5(5) is to prevent an authority from arranging for the discharge by a committee, sub-committee or officer of functions which, in accordance with regulation 5(1), are the responsibiity of the authority.

Footnotes

Editorial notes