The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004

Regulation 2

SCHEDULE

PART 1 SCHEDULE 1 AMENDMENTS

1.  In paragraph B (licensing and registration functions), insert—

(1) after item 14—

(a) in column (1)—

“14A.   Functions relating to licensing.”; and

(b) in column (2), in relation to the entry in column (1) for item 14A—

“Sections 5 to 8 of the Licensing Act 2003 (c. 17).”.

(2) after item 46—

(a) in column (1)—

“46A.   Power to grant permission for provision, etc of services, amenities, recreation and refreshment facilities on highway, and related powers.

47A.   Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.”; and

(b) in column (2)—

(i) in relation to the entry in column (1) for item 46A—

“Sections 115E, 115F and 115K of the Highways Act 1980.”; and

(ii) in column (2), in relation to the entry in column (1) for item 47A—

“Section 115G of the Highways Act 1980(1).”.

2.  In paragraph I (miscellaneous functions)(2), insert—

(1) after item 30—

(a) in column (1)—

“30A.   Power to authorise stopping up or diversion of highway.”; and

(b) in column (2), in relation to the entry in column (1) for item 30A—

“Section 247 of the Town and Country Planning Act 1990 (c. 8).”.

(2) after item 44—

(a) in column (1)—

“44A.   Duty to provide staff, etc to person nominated by monitoring officer.

44B.   Powers relating to overview and scrutiny committees (voting rights of co-opted members).”; and

(b) in column (2)—

(i) in relation to the entry in column (1) for item 44A—

“Sections 82A(4) and (5) of the Local Government Act 2000(3).”; and

(ii) in relation to the entry in column (1) for item 44B—

“Paragraphs 12 and 14 of Schedule 1 to the Local Government Act 2000.”.

PART 2 SCHEDULE 2 AMENDMENTS

For paragraphs 4 to 6, substitute the following—

“4.   The making of arrangements in relation to appeals against the exclusion of pupils from maintained schools(4).

5.   The making of arrangements pursuant to sections 94(1), (1A) and (4) of the 1998 Act (admissions appeals)(5).

6.   The making of arrangements pursuant to section 95(2) of the 1998 Act (children to whom section 87 applies: appeals by governing bodies)(6).”.

(1)

Sections 115E, 115F, 115G and 115K were inserted into the Highways Act 1980 (c. 66) by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), section 20, Schedule 5, Part I, paragraph 1.

(2)

Paragraph I was substituted by regulations 2(b) of and paragraph 2 of Part I of the Schedule to, S.I. 2001/2212.

(3)

Sections 82A(4) and (5) of the Local Government Act 2000 (c. 22) were inserted by section 113 of the Local Government Act 2003 (c. 26).

(4)

See, in particular, section 52 of the Education Act 2002 (c. 32) and the subordinate legislation made under that section which replace section 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (c. 31) which have been repealed.

(5)

Section 94(1A) of the School Standards and Framework Act 1998 (“the SSFA 1998”) was inserted by the Education Act 2002. See also subordinate legislation made under section 94(5) of the SSFA 1998, as substituted by the Education Act 2002, which replaces Schedule 24 to the SSFA 1998.

(6)

See, in particular, subordinate legislation made under section 95(3A) of the School Standards and Framework Act 1998, as inserted by the Education Act 2002, which replaces Schedule 25 to the School Standards and Framework Act 1998 which has been repealed.