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Explanatory Note
Part II of the Local Government Act 2000 provides for the discharge of a local authority’s functions by an executive of an authority (which must take one of the forms specified in section 11(2) to (5) of that Act) unless those functions are not to be the responsibility of the authority’s executive. The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399 (W.45)) (“the Principal Regulations”) specify those 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.
These Regulations amend the Principal Regulations.
Schedule 2 to the Principal Regulations lists those functions which may be (but need not be) the responsibility of an authority’s executive. Regulation 4 of these Regulations amends this list by inserting specified functions under the Highways Act 1980, the Wildlife and Countryside Act 1981 and the Gambling Act 2005. The effect of these amendments is that a local authority has discretion as to whether the functions in question are exercised by the executive.
Regulation 5 amends the Principal Regulations by using generic wording to refer to the children and young people’s plans to be prepared and published by local authorities in accordance with regulations made under section 26 of the Children Act 2004. It also provides that rights of way improvement plans must not be the sole responsibility of the executive.
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