The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2002

Explanatory Note

(This note is not part of the Regulations)

Part II of the Local Government Act 2000 (“the Act”) provides for local authorities to make arrangements (“executive arrangements”) for the creation and operation of an executive of the authority under which certain functions of the authority are the responsibility of the executive.

Under sections 18 and 19 of the Act the National Assembly for Wales may by regulations make provision which enables an executive of a local authority in Wales, or a committee or a specified member of such an executive, to make arrangements for the discharge by an area committee of the authority or by another local authority of any functions which, under executive arrangements, are the responsibility of the authority.

Section 19 of the Act also enables the National Assembly for Wales, by regulations, to make provision which enables a local authority in Wales to make arrangements for the discharge by the executive of another local authority of any of the authority’s functions.

Under section 20 of the Act the National Assembly for Wales may by regulations make provision which enables a local authority in Wales to make arrangements for the discharge by that authority and one or more other local authorities jointly of any functions which, under the executive arrangements, are the responsibility of the executive of the authority.

Regulations 3, 4 and 5 specify the persons who have the power to make such arrangements in the case of a mayor and cabinet executive, a leader and cabinet executive and a mayor and council manager executive respectively.

Regulation 6 provides for the making of arrangements for the discharge of functions, which are the responsibility of the executive of a local authority in Wales by an area committee of that authority.

Regulation 7 provides for the making of arrangements for the discharge of functions which are the responsibility of the executive of a local authority in Wales by another local authority.

Regulation 8 provides for the making, in specified circumstances, of arrangements for the discharge of functions which are not the responsibility of the executive of a local authority in Wales by the executive of another local authority.

Regulation 9 provides that where arrangements have been made under Regulation 7 or 8 for the discharge of functions of a local authority in Wales by the executive of another local authority, those functions are to be treated as functions which are the responsibility of the executive of that other local authority for the purposes of sections 14 to 16 of the Act.

Regulation 10 provides that, where arrangements have been made under Regulation 7 for the discharge of functions which are the responsibility of the executive of a local authority in Wales by another local authority, the exercise of those functions may be delegated to a committee, sub-committee or officer of that other local authority.

Regulation 11 provides for the making of arrangements for the discharge of functions which are the responsibility of the executive of a local authority in Wales by that authority and one or more other local authorities jointly or by a joint committee.

Regulation 12 provides for the membership of a joint committee appointed in accordance with arrangements made under Regulation 11.

Regulation 13 revokes the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2001.