The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001

Amendment of Regulations

2.  The Local Authorities (Functions and Responsibilities) (England) Regulations 2000(1) are amended—

(a) in regulation 4 (functions not to be the sole responsibility of an authority’s executive)—

(i) in paragraph (3), by the insertion, after sub-paragraph (b), of the following—

“(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;”(2);

(ii) in sub-paragraph (a) of paragraph (5), by the insertion, immediately before “or”, of “for the inclusion of a disposal in a disposals programme”;

(iii) in sub-paragraph (b) of paragraph (5), by the insertion, at the beginning, of “for consent to that disposal”; and

(iv) by the insertion, after paragraph (11), of the following paragraphs—

“(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.”(3);

(b) in Schedule 1 (functions not to be the responsibility of an authority’s executive), in accordance with Part I of the Schedule to these Regulations;

(c) in Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), in accordance with Part II of the Schedule to these Regulations; and

(d) in Schedule 3 (functions not to be the sole responsibility of an authority’s executive), in accordance with Part III of the Schedule to these Regulations.

(1)

S.I. 2000/2853.

(2)

S.I. 1999/3280.

(3)

1994 c. 40. See also article 21 of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001 (S.I. 2001/2211).