2000 No. 2853
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000
Made
Laid before Parliament
Coming into force
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 interpretationI121
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—
Functions not to be the responsibility of an authority’s executiveI132
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 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 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.
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
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 executiveI33
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 executiveI14
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;
F11b
of formulating a plan or strategy for the control of the authority’s borrowing, investments or capital expenditure; 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;
F5bb
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; F25...
F24ca
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 F29, revising, F30varying, 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 F31, revision, F32variation, 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; F27...
F26ia
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.
F234A
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
b
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;
F28b
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.
F812
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 authoritiesI45
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.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
I18SCHEDULE 1FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
Sch. 1 para. A substituted (28.9.2004) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2004 (S.I. 2004/2211), reg. 1(1), Sch.
Sch. 1 para. A items 1-4 omitted (22.4.2005) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(4)(a)
Sch. 1 para. A item 18A inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(4)(b)(c)
Sch. 1 para. B item 14A inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 1(1)
Sch. 1 para. B item 14B inserted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 1
Sch. 1 para. B item 14C inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(a)(b)
Sch. 1 para. B item 14CA inserted (1.8.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(a), 2(3)(m)(n)
Sch. 1 para. B item 14D inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(c)(d)
Sch. 1 para. B item 14E inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(e)(f)
Sch. 1 para. B item 14F inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(g)(h)
Sch. 1 para. B item FA inserted (1.7.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) (No.2) Regulations 2007 (S.I. 2007/1557), reg. 1(1), Sch.
Sch. 1 para. B items 46A, 47A inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 1(2)
Sch. 1 para. B items 69, 70 inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), Sch. Pt. 1 para. 1 (with reg. 1(4)(5))
Sch. 1 para. B item 71 added (21.10.2002) by The Motor Salvage Operators Regulations 2002 (S.I. 2002/1916), regs. 1, 6
Sch. 1 para. F cross-heading substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 2
Sch. 1 para. H substituted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 53
Sch. 1 para. I substituted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), Sch. Pt. 1 para. 2 (with reg. 1(4)(5))
Sch. 1 para. I item 30A inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 2(1)
Sch. 1 para. I items 44A, 44B inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 2(2)
Sch. 1 para. l item 47A inserted (1.6.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2005 (S.I. 2005/714), regs. 1(1), 2
Sch. 1 para. I item 49 inserted (1.9.2001) by The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001 (S.I. 2001/2831), regs. 1(1), 10(2)
F12(1) | (2) |
---|---|
Function | Provision of Act or Statutory Instrument |
A. Functions relating to town and country planning and development control | |
| F22. . . |
| F22. . . |
| F22. . . |
| F22. . . |
| Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8). |
| Section 73 of the Town and Country Planning Act 1990. |
| Section 73A of the Town and Country Planning Act 1990. |
| Section 70A of the Town and Country Planning Act 1990. |
| 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. |
| Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I. 1992/1492). |
| Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418). |
| Section 106 of the Town and Country Planning Act 1990. |
| Sections 191(4) and 192(2) of the Town and Country Planning Act 1990. |
| Section 94(2) of the Town and Country Planning Act 1990. |
| Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666). |
| Section 196A of the Town and Country Planning Act 1990. |
| Section 102 of the Town and Country Planning Act 1990. |
| Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990. |
| Section 171E of the Town and Country Planning Act 1990. |
| Section 172 of the Town and Country Planning Act 1990. |
| Section 187B of the Town and Country Planning Act 1990. |
| Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990. |
| Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991 (c. 34), paragraph 9(6) of Schedule 13 to the Environment Act 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act. |
| Section 215(1) of the Town and Country Planning Act 1990. |
| Sections 16(1) and (2), 17, 27(2) and 33(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990 (c. 9). |
| Section 16(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990, as applied by section 74(3) of that Act. |
| Sections 13(1) and 14(1) and (4) of the Planning (Listed Buildings and Buildings in 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 paragraphs 8, 15 and 22 of the Department of the Environment Circular 14/97. |
| Sections 3(1) and 4(1) of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
| Section 38 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
| Sections 47 and 48 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
| Section 44A of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
| Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
B. Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule) | |
| Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62). |
| Section 269(1) of the Public Health Act 1936 (c. 49). |
|
|
| Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976. |
| Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976. |
| Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c. 2)24. |
| Schedule 3 to the Betting, Gaming and Lotteries Act 196325. |
| Schedules 5ZA to the Betting, Gaming and Lotteries Act 196326. |
| Schedule 9 to the Gaming Act 1968 (c. 65)27. |
| Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)28. |
| Schedule 3 to the Lotteries and Amusements Act 197629. |
| Section 1 of the Cinema Act 1985 (c. 13). |
| Sections 12 to 14 of the Theatres Act 1968 (c. 54)30. |
| Section 12 of the Children and Young Persons Act 1933 (c. 12), section 52 of, and Schedule 12 to, the London Government Act 1963 (c. 33), 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). |
| Sections 5 to 8 of the Licensing Act 2003 (c. 17). |
| Section 166 of the 2005 Act. |
| Section 304 of the 2005 Act. |
| Section 284 of the 2005 Act. |
| Section 346 of the 2005 Act. |
| Section 350 of the 2005 Act. |
| The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 (S.I. 2007/479). |
| |
(1) | (2) |
Function | Function |
1. Power to enforce offences relating to the display of no-smoking signs. | Section 6(5) of the 2006 Act. |
2. Power to enforce offences relating to smoking in smoke-free places. | Section 7(4) of the 2006 Act. |
3. Power to enforce offence of failing to prevent smoking in smoke-free places. | Section 8(4) of the 2006 Act. |
4. Power to transfer enforcement functions to another enforcement authority. | Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006/3368). |
| The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3. |
| The Hypnotism Act 1952 (c. 46). |
| Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982. |
| Section 94 of the Public Health Acts Amendment Act 1907 (c. 53)31. |
| Paragraphs 1(2) and 9 of Schedule 12 to the London Government Act 1963 (c. 33) and Part V of the London Local Authorities Act 1995 (c. x). |
| Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982, Part III of the London Local Authorities Act 1990 (c. vii) and section 6 of the London Local Authorities Act 1994 (c. xii). |
| Section 2 of the Late Night Refreshment Houses Act 1969 (c. 53)32, Part II of the London Local Authorities Act 1990 and section 5 of the London Local Authorities Act 1994. |
| Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (c. 66)33. |
| 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). |
| Section 19 of the Food Safety Act 1990 (c. 16). |
| Section 1 of the Scrap Metal Dealers Act 1964 (c. 69). |
| The Safety of Sports Grounds Act 1975 (c. 52)34. |
| Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27). |
| Section 5 of the Fire Precautions Act 1971 (c. 40). |
| 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). |
| Section 1 of the Pet Animals Act 1951 (c. 35)35; section 1 of the Animal Boarding Establishments Act 1963(c. 43)36; the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70)37; section 1 of the Breeding of Dogs Act 1973 (c. 60)38, and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999. |
| Section 1 of the Performing Animals (Regulation) Act 1925 (c. 38)39. |
| Section 1 of the Zoo Licensing Act 1981 (c. 37)40. |
| Section 1 of the Dangerous Wild Animals Act 1976 (c. 38). |
| Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I.1999/646). |
| 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). |
| Section 46A of the Marriage Act 1949 (c. 76) and the Marriages (Approved Premises) Regulations 1995 (S. I. 1995/510)41. |
| Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I.1969/1843). |
| Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I.1966/1471)42. |
| Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (c. 31) and section 2 of the House to House Collections Act 1939 (c. 44)44. |
| Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40). |
| Section 50 of the New Roads and Street Works Act 1991 (c. 22). |
| Section 2 of the Nurses Agencies Act 1957 (c. 16). |
| Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I.1995/11). |
| Article 13 of the Pigs (Records, Identification and Movement) Order 1995. |
| Article 14 of the Pigs (Records, Identification and Movement) Order 1995. |
| Article 5(2) of the Cattle Identification Regulations 1998 (S.I.1998/871). |
| Sections 115E, 115F and 115K of the Highways Act 1980. |
| Section 115G of the Highways Act 1980. |
| Section 139 of the Highways Act 1980 (c. 66). |
| Section 142 of the Highways Act 1980. |
| Section 147 of the Highways Act 1980. |
| Section 169 of the Highways Act 1980. |
| Section 171 of the Highways Act 1980. |
| Section 172 of the Highways Act 1980. |
| Section 178 of the Highways Act 1980. |
| Section 179 of the Highways Act 198044. |
| Section 180 of the Highways Act 1980. |
| Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35). |
| Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I.1994/3082)45. |
| Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I.1995/3205). |
| Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I.1995/1086)46. |
| Regulation 5 of the Egg Products Regulations 1993 (S.I.1993/1520). |
| Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I.1995/1763)47. |
| Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I.1998/994). |
| Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998. |
| Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I.1991/2828). |
| Regulation 9 of the Food Premises (Registration) Regulations 1991. |
| Sections 16 to 19 and 21 of the London Local Authorities Act 1995 (c.x.) and, to the extent that it does not have effect by virtue of regulation 2(3), section 25 of that Act. |
| Section 28 of the Greater London Council (General Powers) Act 1984 (c.xxvii). |
| Part I of the Vehicles (Crime) Act 2001 (c. 3). |
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)48. |
D. Functions relating to elections | |
| Section 8(2) of the Representation of the People Act 1983 (c. 2)49. |
| Section 52(4) of the Representation of the People Act 1983. |
| Part II of the Local Government and Rating Act 1997 (c. 29) and subordinate legislation under that Part. |
| Section 10 of the Local Government Act 1972. |
| Section 11 of the Local Government Act 1972. |
| Section 35 of the Representation of the People Act 1983. |
| Paragraph 4(3) and (4) of Schedule 1 to the European Parliamentary Elections Act 1978 (c. 10)50. |
| Section 18 of the Representation of the People Act 1983. |
| Section 31 of the Representation of the People Act 1983. |
| Section 39(4) of the Representation of the People Act 1983. |
| Section 54 of the Representation of the People Act 1983. |
| Section 21 of the Representation of the People Act 1985. |
| Section 86 of the Local Government Act 1972. |
| Section 87 of the Local Government Act 1972. |
| Section 91 of the Local Government Act 1972. |
| 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). |
| Section 10 of the Representation of the People Act 2000 (c. 2). |
E. Functions relating to name and status of areas and individuals | |
| Section 74 of the Local Government Act 1972. |
| Section 75 of the Local Government Act 1972. |
| Section 249 of the Local Government Act 1972. |
| Section 245b of the Local Government Act 1972. |
F36F. Power to make, amend, revoke, re-enact or enforce byelaws. | Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 30)51. |
G. Power to promote or oppose local or personal Bills. | Section 239 of the Local Government Act 1972. |
H. Functions relating to pensions etc. | |
| Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)52. |
| Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21). |
F2I. Miscellaneous functions | |
(1) | (2) |
Function | Provision of Act or Statutory Instrument |
Part I: functions relating to public rights of way | |
| Section 25 of the Highways Act 1980 (c. 66). |
| Section 26 of the Highways Act 1980. |
| Section 31A of the Highways Act 1980. |
| Section 118 of the Highways Act 1980. |
| Sections 118ZA and 118C(2) of the Highways Act 1980. |
| Section 118A of the Highways Act 1980. |
| Section 118B of the Highways Act 1980. |
| Section 119 of the Highways Act 1980. |
| Sections 119ZA and 119C(4) of the Highways Act 1980. |
| Section 119A of the Highways Act 1980. |
| Section 119B of the Highways Act 1980. |
| Section 119C(3) of the Highways Act 1980. |
| Section 119D of the Highways Act 1980. |
| Section 121B of the Highways Act 1980. |
| Section 121C of the Highways Act 1980. |
| Section 130 of the Highways Act 1980. |
| Section 130A of the Highways Act 1980. |
| Section 130B(7) of the Highways Act 1980. |
| Section 135 of the Highways Act 1980. |
| Section 135A of the Highways Act 1980. |
| Section 135B of the Highways Act 1980. |
| Section 149 of the Highways Act 1980. |
| Section 32 of the Acquisition of Land Act 1981 (c. 67). |
| Section 53 of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 53A of the Wildlife and Countryside Act 1981. |
| Section 53B of the Wildlife and Countryside Act 1981. |
| Section 54 of the Wildlife and Countryside Act 1981. |
| Section 57A of the Wildlife and Countryside Act 1981. |
| Section 3 of the Cycle Tracks Act 1984 (c. 38). |
| Section 294 of the Housing Act 1981 (c. 68). |
| Section 247 of the Town and Country Planning Act 1990 (c. 8). |
| Section 257 of the Town and Country Planning Act 1990. |
| Section 258 of the Town and Country Planning Act 1990. |
| Section 35 of the Countryside and Rights of Way Act 2000 (c. 37). |
| Section 37 of the Countryside and Rights of Way Act 2000. |
Part II: other miscellaneous functions | |
| Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38). |
| Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972 (c. 70). |
| Section 112 of the Local Government Act 1972. |
| Section 135 of the Local Government Act 1972. |
| Section 151 of the Local Government Act 1972. |
| Section 270(3) of the Local Government Act 1972. |
| Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 4 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30). |
| Section 4(1) of the Local Government and Housing Act 1989 (c. 42). |
| Section 5(1) of the Local Government and Housing Act 1989. |
| Sections 82A(4) and (5) of the Local Government Act 2000. |
| Paragraphs 12 and 14 of Schedule 1 to the Local Government Act 2000. |
| The Accounts and Audit Regulations 1996 (S.I. 1996/590). |
| The Hedgerows Regulations 1997 (S.I. 1997/1160). |
| Sections 197 to 214D of the Town and Country Planning Act 1990, and the Trees Regulations 1999 (S.I. 1999/1892). |
| Part 8 of the Anti-Social Behaviour Act 2003. |
| Section 92 of the Local Government Act 2000. |
| Section 13(2) of the Criminal Justice and Police Act 2001 (c. 16). |
SCHEDULE 2FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
I211
Any function under a local Act other than a function specified or referred to in regulation 2 or Schedule 1.
I22
The determination of an appeal against any decision made by or on behalf of the authority.
I63
The appointment of review boards under regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 199856.
F134
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).
I87
The making of arrangements under section 20 (questions on police matters at council meetings) of the Police Act 199657 for enabling questions to be put on the discharge of the functions of a police authority.
I118
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.
I109
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 199958.
I1410
Any function relating to contaminated land59.
I2311
The discharge of any function relating to the control of pollution or the management of air quality60.
I2212
The service of an abatement notice in respect of a statutory nuisance61.
I2413
The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area62.
I514
The inspection of the authority’s area to detect any statutory nuisance63.
I1715
The investigation of any complaint as to the existence of a statutory nuisance64.
I2016
The obtaining of information under section 330 of the Town and Country Planning Act 199065 as to interests in land.
I1517
The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 197666.
I1618
The making of agreements for the execution of highways works67.
I919
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.
F420
The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities.
21
Any function of a local authority in their capacity as a harbour authority (to the extent that the function does not fall within paragraph 1 of this Schedule.
I19SCHEDULE 3FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
Sch. 3 in force at 16.11.2000, see reg. 1(1)
Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(a)
Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(b)
Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(c)
Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(d)
Words in Sch. 3 inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(5)
Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(e)
Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(f)
Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(g)
Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(h)
Words in Sch. 3 inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), reg. 1(3), Sch. Pt. 3 (with reg. 1(4)(5))
(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)68. |
F37Children and Young People’s Plan | F38Children and Young People’s Plan (England) Regulations 2005. |
F39. . . | F40. . . |
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). |
F20Development plan documents | Section 15 of the 2004 Act. |
F41Licensing Authority Policy Statement | F42section 349 of the 2005 Act. |
F43. . . | F44. . . |
F3Local Transport Plan | Section 108(3) of the Transport Act 2000 (c. 38). |
Plans and alterations which together comprise the Development Plan |
|
Youth Justice Plan | Section 40 of the Crime and Disorder Act 1998 (c. 37). |
I7SCHEDULE 4CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
Sch. 4 in force at 16.11.2000, see reg. 1(1)
(1) | (2) |
---|---|
Function | Circumstances |
| The authority determines that the decision whether the plan or strategy should be adopted or approved should be taken by them. |
| 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—
|
| 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 is not part of the Regulations)
Sch. 1 in force at 16.11.2000, see reg. 1(1)