SCHEDULE 1FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
(1) | (2) |
---|---|
Function | Provision of Act or Statutory Instrument |
| |
| 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 73A13 of the Town and Country Planning Act 1990. |
| Section 70A of the Town and Country Planning Act 199014. |
| 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)15. |
| 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 199016. |
| 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 199217. |
| Section 196A of the Town and Country Planning Act 199018. |
| Section 102 of the Town and Country Planning Act 1990. |
| Sections 171C, 187A and 183(1) of the Town and Country Planning Act 199019. |
| Section 172 of the Town and Country Planning Act 199020. |
| Section 187B of the Town and Country Planning Act 199021. |
| Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c. 10). |
| Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991, 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 Act22. |
| 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 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 199023. |
| Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990. |
| |
| 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). |
| 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). |
| 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. |
| |
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. |
| |
| 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). |
| |
| 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. |
| Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 30)51. |
| Section 239 of the Local Government Act 1972. |
| |
| Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)52. |
| Section 26 of the Fire Services Act 1947 (10 & 11 Geo.6 c. 41)53. |
| |
| Section 26 of the Highways Act 1980 (c. 66). |
| Section 118 of the Highways Act 1980. |
| Section 119 of the Highways Act 1980. |
| Section 130 of the Highways Act 1980. |
| Section 149 of the Highways Act 1980. |
| Section 53 of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 54 of the Wildlife and Countryside Act 1981. |
| |
| Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38). |
| Sections 197 to 214D of the Town and Country Planning Act 1990 and the Trees Regulations 1999 (S.I.1999/1892). |
| The Hedgerows Regulations 1997 (S.I.1997/1160). |
| Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69). |
| Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 197255. |
| Section 112 of the Local Government Act 1972. |
| Section 135 of the Local Government Act 1972. |
| Section 92 of the Local Government Act 2000. |
SCHEDULE 2FUNCTIONS 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 199856.
4
The making of arrangements pursuant to subsection (1) of section 67 of, and Schedule 18 to, the 1998 Act (appeals against exclusion of pupils).
5
The making of arrangements pursuant to section 94(1) and (4) of, and Schedule 24 to, the 1998 Act (admission appeals).
6
The making of arrangements pursuant to section 95(2) of, and Schedule 25 to, 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 199657 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
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.
10
Any function relating to contaminated land59.
11
The discharge of any function relating to the control of pollution or the management of air quality60.
12
The service of an abatement notice in respect of a statutory nuisance61.
13
The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area62.
14
The inspection of the authority’s area to detect any statutory nuisance63.
15
The investigation of any complaint as to the existence of a statutory nuisance64.
16
The obtaining of information under section 330 of the Town and Country Planning Act 199065 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 197666.
18
The making of agreements for the execution of highways works67.
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 3FUNCTIONS 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)68. |
Children’s Services Plan | Paragraph 1A of Schedule 2 to the Children Act 1989 (c. 41)69. |
Community Care Plan | Section 46 of the National Health Service & Community Care Act 1990 (c. 19). |
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). |
Early Years Development Plan | Section 120 of the 1998 Act. |
Education Development Plan | Section 6 of the 1998 Act. |
Plans and alterations which together comprise the Development Plan |
|
Youth Justice Plan | Section 40 of the Crime and Disorder Act 1998 (c. 37). |
SCHEDULE 4CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE
(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. |