- Latest available (Revised)
- Point in Time (21/04/2006)
- Original (As made)
Version Superseded: 31/03/2008
Point in time view as at 21/04/2006. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Local Authorities (Functions and Responsibilities) (England) Regulations 2000, Section 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
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 1989(1), 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 Act(2);
(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 Society(3) 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 Council(4) 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 1978(5)).
Commencement Information
I1Reg. 2 in force at 16.11.2000, see reg. 1(1)
1989 c. 42. Section 18 is amended by section 99(3) to (9) of the Local Government Act 2000.
Section 173(4) was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 26. A relevant saving was made by article 3(2) of the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991 (S.I. 1991/344).
The agreement is referred to in regulation 5(2)(e)(ii) of the Local Government (Committees and Political Groups) Regulations 1990 (S.I. 1990/1553).
The agreement is referred to in regulation 5(2)(e)(iii) of the Local Government (Committees and Political Groups) Regulations 1990.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: