2007 No. 399 (W.45)

LOCAL GOVERNMENT, WALES

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

Made

Coming into force

The National Assembly for Wales makes the following Regulations in exercise of the powers given to it by sections 13 and 105 and 106 of the Local Government Act 20001.C1

Annotations:
Modifications etc. (not altering text)

Title, commencement and applicationI11

1

The title of these Regulations is the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 and they come into force on 16 February 2007.

2

These Regulations apply to Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 16.2.2007, see reg. 1(1)

InterpretationI22

In these Regulations —

  • “the 1972 Act” (“Deddf 1972”) means the Local Government Act 19722;

  • “the 2000 Act”(“Deddf 2000”) means the Local Government Act 2000;

  • “enactment” (“deddfiad”) includes an enactment contained in a local Act or comprised in subordinate legislation

  • “executive” (“gweithrediaeth”) is to be construed in accordance with section 11 of the 2000 Act.

Annotations:
Commencement Information
I2

Reg. 2 in force at 16.2.2007, see reg. 1(1)

Functions not to be the responsibility of an authority’s executiveI33

1

The functions specified in column (1) of Schedule 1 to these Regulations by reference to the enactments specified in relation to those functions in column (2) of that schedule are not to be the responsibility of an executive of an 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; or

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 in the exercise of a function specified in column (1) of Schedule 1,

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 the executive of the authority.

4

The function of —

a

amending, modifying or varying any such approval, consent, licence, permission or registration granted or any condition, limitation, restriction or term as mentioned in paragraph (2) 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 of the Local Government and Housing Act 1989 (schemes for basic, attendance and special responsibility allowances for local authority members), or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.

6

The functions of determining —

a

the amount of any allowance payable under —

i

subsection (5) of section 22 of the 1972 Act (chairman’s expenses);

ii

subsection (4) of section 24 of that Act (vice-chairman’s expenses);

iii

subsection (4) of section 173 (financial loss allowance) of that Act3;

iv

section 175 of that Act (allowances for attending conferences and meetings);

b

the rates at which payments are to be made under section 174 of that Act (travelling and subsistence allowances);

c

the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989 or regulations made under section 100 of the 2000 Act, 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;

are not to be the responsibility of an executive of the authority.

7

Section 101 of the 1972 Act (arrangements for discharge of functions by local authorities) does 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 2000 Act the function of making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act is not to be the responsibility of an executive of the authority.

9

The function of making appointments under section 102 (appointment of committees) of the 1972 Act is not to be the responsibility of an executive of the authority.

10

Unless otherwise provided by 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.

Annotations:
Commencement Information
I3

Reg. 3 in force at 16.2.2007, see reg. 1(1)

Functions which may be the responsibility of an authority’s executiveI44

1

The functions specified in Schedule 2, may, but need not be, the responsibility of an executive of the authority.

2

Nothing in these Regulations prevents a local authority from exercising those functions delegated to an executive of the authority

Annotations:
Commencement Information
I4

Reg. 4 in force at 16.2.2007, see reg. 1(1)

Functions which are not to be the sole responsibility of an authority’s executiveI55

1

In connection with the discharge of the function of —

a

formulating or preparing a plan, scheme or strategy of a description specified in column (1) of Schedule 3 to these Regulations;

b

formulating a plan, scheme or strategy for the control of the authority’s borrowing or capital expenditure; or

c

formulating or preparing any other plan, scheme or strategy whose adoption or approval is, by virtue of regulation 6(1), a matter for determination by the authority;

the actions designated by paragraph (3) (“the designated actions”) must not be the responsibility of an executive of the authority.

2

Subject as provided in paragraph (1) the functions mentioned in that paragraph must be the responsibility of an executive.

3

The designated actions are —

a

the giving of instructions requiring an executive to reconsider any draft plan, scheme or strategy submitted by an executive for the authority’s consideration;

b

the amendment of any draft plan, scheme or strategy submitted by an executive for the authority’s consideration;

c

the approval, for the purpose of its submission to the National Assembly for Wales or any Minister of the Crown for approval of any plan, scheme or strategy (whether or not in the form of a draft) of which any part is required to be so submitted;

d

the adoption (with or without modification) of the plan, scheme or strategy.

4

The function of amending, modifying, varying or revoking any plan, scheme 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

is the responsibility of an executive of the authority to the extent that the making of the amendment, modification, variation or revocation —

i

is required for giving effect to requirements of the National Assembly for Wales or a Minister of the Crown in relation to a plan, scheme or strategy submitted for approval or to any part so submitted; or

ii

is authorised by a determination made by the authority when making the arrangements or approving or adopting the plan, scheme or strategy, as the case may be; but

b

is not the responsibility of an executive to any other extent.

5

Except to the extent mentioned in paragraph (6), the function of making an application —

a

under subsection (5) of section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals)4; or

b

under section 32 (power to dispose of land held for the purposes of Part II or section 43 (consent required for certain disposals not within section 32) of the Housing Act 19855,

is 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), is not the responsibility of an executive of the authority.

8

Section 101 of the 1972 Act does not apply with respect to the discharge —

a

of a function specified in paragraph (1) to the extent that, by virtue of that paragraph, it is not the responsibility of an executive of the authority;

b

of the functions specified in paragraphs (4) 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

subject to the provisions in respect of calculations of council tax base in paragraph 22 of Schedule 2 making a calculation in accordance with any of sections 32 to 37, 43 to 51, 52I, 52J, 52T and 52U of the Local Government Finance Act 19926, whether originally or by way of substitute; or

b

issuing a precept under Chapter IV of Part 1 of that Act,

the actions designated by paragraph (11) (“the designated actions”) are the responsibility of an executive of the authority.

10

Subject as provided in paragraph (9), the function mentioned in that paragraph is not the responsibility of an executive.

11

The designated actions 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;

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.

Annotations:
Commencement Information
I5

Reg. 5 in force at 16.2.2007, see reg. 1(1)

Discharge of specified functions by authoritiesI66

1

Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 (which, but for this paragraph, might be the responsibility of an executive of the authority), is not the responsibility of an executive in the circumstances specified in column (2) in relation to that function.

2

Paragraph (1) does 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 chairperson of a relevant scrutiny committee or, if there is no such person or the chairperson of every relevant scrutiny committee is unable or unwilling to act, from the chairperson of the authority or, in that person’s absence, from the vice-chairperson, a statement in writing that the determination needs to be made as a matter of urgency.

3

In paragraph (2) “relevant scrutiny committee” means a scrutiny committee of the authority whose terms of reference include the power to review or scrutinise decisions or other action 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) must, 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 does 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.

Annotations:
Commencement Information
I6

Reg. 6 in force at 16.2.2007, see reg. 1(1)

RevocationI77

The following are revoked—

a

the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 20017;

b

the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 20028;

c

the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 20039; and

d

the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 200410.

Annotations:
Commencement Information
I7

Reg. 7 in force at 16.2.2007, see reg. 1(1)

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 199811.

D. Elis-ThomasThe Presiding Officer of the National Assembly

I30SCHEDULE 1FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 3

Annotations:
Commencement Information
I30

Sch. 1 in force at 16.2.2007, see reg. 1(1)

Amendments (Textual)
F19

Words in Sch. 1 Pt. I para. 1 substituted (31.3.2015) by The Accounts and Audit (Wales) Regulations 2014 (S.I. 2014/3362), regs. 1(1), 29(2) (with reg. 1(3)(g))

(1)

(2)

Function

Provision of Act or Statutory Instrument

A

Functions relating to town and country planning and development control

1

Power to determine applications for planning permission.

Sections 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8).

2

Power to determine applications to develop land without compliance with conditions previously attached.

Section 73 of the Town and Country Planning Act 1990.

3

Power to grant planning permission for development already carried out.

Section 73A of the Town and Country Planning Act 199012.

4

Power to decline to determine application for planning permission.

Section 70A of the Town and Country Planning Act 199013.

5

Duties relating to the making of determinations of planning applications.

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 there under.

6

Power to determine applications for planning permission made by a local authority, alone or jointly with another person

Section 316 of the Town and Country Planning Act 1990 and the Town Country Planning General Regulations 1992 (S.I. 1992/1492) 14

7

Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.

Parts 6, 7, 11, 17, 19, 20, 21 to 24, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418).

8

Power to enter into planning obligation, regulating development or use of land.

Section 106 of the Town and Country Planning Act 1990.15

9

Power to issue a certificate of existing or proposed lawful use or development.

Sections 191(4) and 192(2) of the Town and Country Planning Act 199016.

10

Power to serve a completion notice.

Section 94(2) of the Town and Country Planning Act 1990.

11

Power to grant consent for the display of advertisements.

Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 199217.

12

Power to authorise entry onto land.

Section 196A of the Town and Country Planning Act 199018.

13

Power to require the discontinuance of a use of land.

Section 102 of the Town and Country Planning Act 1990.

14

Power to serve a planning contravention notice, breach of condition notice or stop notice.

Sections 171C, 187A and 183(1) of the Town and Country Planning Act 199019.

15

Power to issue an enforcement notice.

Section 172 of the Town and Country Planning Act 199020.

16

Power to apply for an injunction restraining a breach of planning control.

Section 187B of the Town and Country Planning Act 199021.

17

Power to determine applications for hazardous substances consent, and related powers.

Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990 (c. 10).

18

Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.

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.

19

Power to require proper maintenance of land.

Section 215(1) of the Town and Country Planning Act 1990.

20

Power to determine applications for listed building consent, and related powers.

Sections 16(1) and (2), 17 and 33(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9).

21

Power to determine applications for conservation area consent.

Section 16(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, as applied by section 74(3) of that Act22).

22

Duties relating to applications for listed building consent and conservation area consent.

Section 13(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 and regulations 3 to 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 and paragraph 127 of the Welsh Office circular 61/96: Planning and the Historic Environment: Historic Buildings and Conservation Areas.

23

Power to serve a building preservation notice, and related powers.

Sections 3(1) and 4(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990.

24

Power to issue a listed building enforcement notice.

Section 38 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

25

Powers to acquire a listed building in need of repair and to serve a repairs notice.

26

Power to apply for an injunction in relation to a listed building.

Sections 47 and 48 of the Planning (Listed Buildings and Conservation Areas) Act 1990. Section 44A of the Planning (Listed Buildings and Conservation Areas) Act 199023.

27

Power to execute urgent works.

Section 54 of the Planning (Listed Buildings and Buildings in Conservation Areas) Act 1990.

28

Power related to mineral working.

Schedule 9 of the Town and Country Planning Act 1990.

29

Power related to footpaths and bridleways.

Section 257 of the Town and Country Planning Act 1990.

30

Power as to certification of appropriate alternative development.

Section 17 of the Land Compensation Act 1961 (c. 33).

31

Duties in relation to purchase notices.

Sections 137-144 of the Town and Country Planning Act 1990.

32

Powers related to blight notices.

Sections 149-171 of the Town and Country Planning Act 1990.

B

Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule)

1

Power to issue licences authorising the use of land as a caravan site F21or mobile home site (“site licences”).

Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62)F22and section 7(1) of the Mobile Homes (Wales) Act 2013 (anaw 6).

2

Power to license the use of moveable dwellings and camping sites.

Section 269(1) of the Public Health Act 1936 (c. 49).

3

Power to license hackney carriages and private hire vehicles.

a

as to hackney carriages, the Town Police Clauses Act 1847 (10 & 11 Vict. c. 89), as extended by section 171 of the Public Health Act 1875 (38 & 39 Vict. c. 55), and section 15 of the Transport Act 1985 (c. 67); and sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57);

b

as to private hire vehicles, sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

4

Power to license drivers of hackney carriages and private hire vehicles.

Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

5

Power to license operators of hackney carriages and private hire vehicles.

Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

6

Power to register pool promoters.

Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c. 2)24.

7

Power to grant track betting licences.

Schedule 3 to the Betting, Gaming and Lotteries Act 196325.

8

Power to license inter-track betting schemes.

Schedule 5ZA to the Betting, Gaming and Lotteries Act 196326.

9

Power to grant permits in respect of premises with amusement machines.

Schedule 9 to the Gaming Act 1968 (c. 65)27.

10

Power to register societies wishing to promote lotteries.

Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)28.

11

Power to grant permits in respect of premises where amusements with prizes are provided.

Schedule 3 to the Lotteries and Amusements Act 197629.

12

Power to issue entertainments licences.

Section 12 of the Children and Young Persons Act 1933 (c. 12)

13

Power to license sex shops and sex cinemas.

The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3.

14

Power to license performances of hypnotism.

The Hypnotism Act 1952 (c. 46).

15

Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.

16

Power to license pleasure boats and pleasure vessels.

Section 94 of the Public Health Acts Amendment Act 1907 (c. 53)30.

17

Power to license market and street trading.

Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982.

F20. . .

F20. . .

19

Power to license dealers in game and the killing and selling of game.

Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c. 32); sections 2 to 16 of the Game Licences Act 1860 (c. 90), section 4 of the Customs and Inland Revenue Act 1883 (c. 10), section 27 of the Local Government Act 1894 (c. 73), and section 213 of the Local Government Act 1972 (c. 70).

20

Power of register and license premises for the preparation of food.

Section 19 of the Food Safety Act 1990 (c. 16).

21

Power to license scrap yards.

Section 1 of the Scrap Metal Dealers Act 1964 (c. 69).

22

Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

The Safety of Sports Grounds Act 1975 (c. 52)32.

23

Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27).

24

Duty to promote fire safety

Section 6 of the Fire and Rescue Services Act 2004 (c. 21)

25

Power to license premises for the breeding of dogs.

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).

26

Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

Section 1 of the Pet Animals Act 1951 (c. 35)33; section 1 of the Animal Boarding Establishments Act 1963 (c. 43)34; the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70)35; section 1 of the Breeding of Dogs Act 1973 (c. 60)36, and sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999.

27

Power to register animal trainers and exhibitors.

Section 1 of the Performing Animals (Regulation) Act 1925 (c. 38)37.

28

Power to license zoos.

Section 1 of the Zoo Licensing Act 1981 (c. 37)

29

Power to license dangerous wild animals.

Section 1 of the Dangerous Wild Animals Act 1976 (c. 38).

30

Power to enforce regulations in relation to animal by-products

Regulation 49 of the Animal By-products (Wales) Regulations 2006 (S.I 1292 (W.127))

31

Power to license the employment of children.

Part II of the Children and Young Persons Act 1933 (c. 12), byelaws made under that Part, and Part II of the Children and Young Persons Act 1963 (c. 37).

32

Power to approve premises for the solemnisation of marriages and the registration of civil partnerships.

Section 46A of the Marriage Act 1949 (c. 76), section 6A of the Civil Partnership Act 2004 (c. 33) and the Marriages and Civil Partnerships (Approved Premises) Regulations 2005 (S. I. 2005/3168)38.

33

Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to— 33(a)an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c. 67) or 3(b)an order under section 147 of the Inclosure Act 1845 (c. 8 & 9 Vict. c. 118).

Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843).

34

Power to register variation of rights of common.

Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471)39.

35

Power to issue a permit to conduct charitable collections.

Section 68 of the Charities Act 1992.

36

Power to grant consent for the operation of a loudspeaker.

Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).

37

Power to grant a street works licence.

Section 50 of the New Roads and Street Works Act 1991 (c. 22).

38

Duty to register the movement of pigs.

Regulations 21(3) and (4) of the Pigs (Records Identification and Movement) (Wales) Order 2004 (S.I 2004/996 (W.104).

39

Power to enforce regulations in relation to the movement of pigs.

Regulation 27(1) of the Pigs (Records, Identification and Movement (Wales) Order 2004/996 (W.104).

40

Power to issue a licence to move cattle from a market.

Article 5(2) of the Cattle Identification Regulations 1998 (S.I. 1998/871).

41

Power to sanction use of parts of buildings for storage of celluloid.

Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35).

42

Duty to enforce and execute Regulations (EC) No. 852/2004 and 853/2004 in relation to food business operators as further specified in regulation 5 of the Food (Hygiene) (Wales) Regulations 2006.

Regulation 5 of the Food (Hygiene) (Wales) Regulations 200640.

43

Functions in respect of establishing a Licensing Committee.

Section 6 of the Licensing Act 2003 (c. 17).

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).

D

Functions relating to elections

1

Duty to appoint an electoral registration officer.

Section 8(2A) of the Representation of the People Act 1983 (c. 2).

2

Power to assign officers in relation to requisitions of the registration officer.

Section 52(4) of the Representation of the People Act 198341.

3

Power to dissolve community councils.

F12Section 27D of the Local Government Act 1972.

4

Power to make orders for grouping communities.

F13Section 27F or 27H of the Local Government Act 1972.

5

Power to make orders for dissolving groups and separating community councils from groups.

F14Section 27J or 27L of the Local Government Act 1972.

6

Duty to appoint returning officer for local government elections.

Section 35 of the Representation of the People Act 1983.

F23. . .

F23. . .

8

Duty to divide constituency into polling districts.

Section 18 of the Representation of the People Act 1983.

9

Power to divide electoral divisions into polling districts at local government elections.

Section 31 of the Representation of the People Act 1983.

10

Powers in respect of holding of elections.

Section 39(4) of the Representation of the People Act 1983.

11

Power to pay expenses properly incurred by electoral registration officers.

Section 54 of the Representation of the People Act 1983.

12

Power to fill vacancies in the event of insufficient nominations.

Section 21 of the Representation of the People Act 1985.

13

Duty to declare vacancy in office in certain cases.

Section 86 of the Local Government Act 1972.

14

Duty to give public notice of a casual vacancy.

Section 87 of the Local Government Act 1972.

15

Power to make temporary appointments to community councils.

Section 91 of the Local Government Act 1972.

16

Power to determine fees and conditions for supply of copies of, or extracts from, elections documents.

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).

17

Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.

Section 10 of the Representation of the People Act 2000 (c. 2).

F7. . .

F7. . .

E

Functions relating to name and status of areas and individuals

1

Power to change the name of a county or county borough.

Section 74 of the Local Government Act 1972.

2

Power to change the name of a community.

Section 76 of the Local Government Act 1972.

3

Power to confer title of honorary alderman or to admit to be an honorary freeman.

Section 249 of the Local Government Act 1972.

4

Power to petition for a charter to confer county borough status.

Section 245A of the Local Government Act 1972.

F

Power to make, amend, revoke or re-enact byelaws

Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 300)43.

F15G

Power to promote or oppose private Bills .

F16Sections 52 and 53 of the Local Government (Democracy) (Wales) Act 2013.

H

Functions relating to pensions etc.

1

Functions relating to local government pensions, etc.

Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)44.

2

Functions relating to pensions, allowances and gratuities.

Regulations under section 18 (3A) of the Local Government and Housing Act 1989 (c. 42).

3

Functions under existing pension schemes as respects persons employed by the fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004.

Sections 34 and 36 of the Fire and Rescue Services Act 2004.

I

Miscellaneous functions

1

Duty to approve authority’s statement of accounts, income and expenditure and balance sheet or record of receipts and payments (as the case may be).

F19Regulations made under section 39 of the Public Audit (Wales) Act 2004 (c. 23).

F10. . .

F10. . .

3

Powers relating to the preservation of trees.

Sections 197 to 214D of the Town and Country Planning Act 1990 and the Town and Country Planning (Trees) Regulations 1999 (S.I. 1999/1892).

4

Powers relating to the protection of important hedgerows.

The Hedgerows Regulations 1997 (S.I. 1997/1160).

5

Power to make standing orders.

Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972

6

Appointment and dismissal of staff

Section 112 of the Local Government Act 1972 and sections 7 and 8 of the Local Government and Housing Act 1989.

7

Power to make standing orders as to contracts.

Section 135 of the Local Government Act 1972.

8

Power to consider reports from the Public Services Ombudsman for Wales.

Section 19 of the Public Services Ombudsman (Wales) Act 2005 (c. 10).

9

Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.

Section 13(2) of the Criminal Justice and Police Act 2001 (c. 16).

10

Powers in respect of registration of motor salvage operators.

Part 1 of the Vehicles (Crime) Act 2001 (c. 3).

11

Power to appoint officers for particular purposes (appointment of “proper officers”).

Section 270(3) of the Local Government Act 1972 (c. 42).

F2512

Duty to appoint a chief executive, and to provide staff, etc.

F26Section 54(1) and (6) of the Local Government and Elections (Wales) Act 2021.

13

Duty to designate an officer as the monitoring officer and to provide staff, etc.

Section 5(1) of the Local Government and Housing Act 1989.

14

Duty to determine affordable borrowing limit.

Section 3 of the Local Government Act 2003 (c. 22).

15

Approval of annual investment strategy in accordance with guidance.

Section 15 of the Local Government Act 2003.

16

Duty to make arrangements for proper administration of financial affairs

Section 151 of the Local Government Act 1972 (c. 11).

F117

Power to make or revoke an order designating a locality as an alcohol disorder zone.

F2Section 16 of the Violent Crime Reduction Act 2006 (c. 38)

F1718

Functions relating to family absence of local authority members

F18The Family Absence for Members of Local Authorities (Wales) Regulations 2013

F2419

Duty to make arrangements for holding meetings of a principal council or its executive

Section 47(1) of the Local Government and Elections (Wales) Act 2021

SCHEDULE 2FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 4

I81

Any function under a local Act other than a function specified or referred to in Schedule 1.

Annotations:
Commencement Information
I8

Sch. 2 para. 1 in force at 16.2.2007, see reg. 1(1)

I92

The determination of an appeal against any decision made by or on behalf of the authority.

Annotations:
Commencement Information
I9

Sch. 2 para. 2 in force at 16.2.2007, see reg. 1(1)

I103

Functions in relation to the revision of decisions made in connection with claims for housing benefit or council tax benefit and for appeals against such decisions under section 68 of and Schedule 7 to the Child Support, Pensions and Social Security Act 200046.

Annotations:
Commencement Information
I10

Sch. 2 para. 3 in force at 16.2.2007, see reg. 1(1)

I114

The making of arrangements in relation to appeals against the exclusion of pupils in maintained schools under section 52 of the Education Act 2002.

Annotations:
Commencement Information
I11

Sch. 2 para. 4 in force at 16.2.2007, see reg. 1(1)

I125

The making of arrangements pursuant to section 94(1), (1A) and (4) of, and Schedule 24 to, the School Standards and Framework Act 1998 (admission appeals).

Annotations:
Commencement Information
I12

Sch. 2 para. 5 in force at 16.2.2007, see reg. 1(1)

I136

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

Annotations:
Commencement Information
I13

Sch. 2 para. 6 in force at 16.2.2007, see reg. 1(1)

I147

The making of arrangements under section 20 (questions on police matters at council meetings) of the Police Act 1996 for enabling questions to be put on the discharge of the functions of a police authority.

Annotations:
Commencement Information
I14

Sch. 2 para. 7 in force at 16.2.2007, see reg. 1(1)

I158

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.

Annotations:
Commencement Information
I15

Sch. 2 para. 8 in force at 16.2.2007, see reg. 1(1)

I169

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 199947.

Annotations:
Commencement Information
I16

Sch. 2 para. 9 in force at 16.2.2007, see reg. 1(1)

I1710

Any function relating to contaminated land48.

Annotations:
Commencement Information
I17

Sch. 2 para. 10 in force at 16.2.2007, see reg. 1(1)

I1811

The discharge of any function relating to the control of pollution or the management of air quality49.

Annotations:
Commencement Information
I18

Sch. 2 para. 11 in force at 16.2.2007, see reg. 1(1)

I1912

The service of an abatement notice in respect of a statutory nuisance50.

Annotations:
Commencement Information
I19

Sch. 2 para. 12 in force at 16.2.2007, see reg. 1(1)

I2013

The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area51.

Annotations:
Commencement Information
I20

Sch. 2 para. 13 in force at 16.2.2007, see reg. 1(1)

I2114

The inspection of the authority’s area to detect any statutory nuisance52.

Annotations:
Commencement Information
I21

Sch. 2 para. 14 in force at 16.2.2007, see reg. 1(1)

I2215

The investigation of any complaint as to the existence of a statutory nuisance.

Annotations:
Commencement Information
I22

Sch. 2 para. 15 in force at 16.2.2007, see reg. 1(1)

I2316

The obtaining of information under section 330 of the Town and Country Planning Act 199053 as to interests in land.

Annotations:
Commencement Information
I23

Sch. 2 para. 16 in force at 16.2.2007, see reg. 1(1)

I2417

The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 197654.

Annotations:
Commencement Information
I24

Sch. 2 para. 17 in force at 16.2.2007, see reg. 1(1)

F818

Any of the following functions in respect of highways—

a

the making of agreements for the execution of highways works;

b

the functions contained in the following provisions of Part III of the Highways Act 1980 (creation of highways)—

i

section 25 — creation of footpath, bridleway or restricted byway by agreement;

ii

section 26 — compulsory powers for creation of footpaths, bridleways or restricted byways;

c

the functions contained in the following provisions of Part VIII of the Highways Act 1980 (stopping up and diversion of highways etc)—

i

section 116 — power of magistrates' court to authorise stopping up or diversion of highway;

ii

section 117 — application for order under section 116 on behalf of another person;

iii

section 118 — stopping up of footpaths, bridleways and restricted byways;

iv

section 118ZA — application for a public path extinguishment order;

v

section 118A — stopping up of footpaths, bridleways and restricted byways crossing railways;

vi

section 118B — stopping up of certain highways for purposes of crime prevention etc;

vii

section 118C — application by proprietor of school for special extinguishment order;

viii

section 119 — diversion of footpaths, bridleways and restricted byways;

ix

section 119ZA — application for a public path diversion order;

x

section 119A — diversion of footpaths, bridleways and restricted byways crossing railways;

xi

section 119B — diversion of certain highways for purposes of crime prevention etc;

xii

section 119C — application by proprietor of school for special diversion order;

xiii

section 119D — diversion of certain highways for protection of sites of special scientific interest;

xiv

section 120 — exercise of powers of making public path extinguishment and diversion orders;

xv

section 121B — register of applications;

d

the functions contained in the following provisions of Part IX of the Highways Act 1980 (lawful and unlawful interference with highways and streets)—

i

section 130 — protection of public rights;

ii

sections 139 — control of builders' skips;

iii

section 140 — removal of builders' skips;

iv

section 140A — builders' skips: charges for occupation of the highway;

v

section 142 — licence to plant trees, shrubs etc in a highway;

vi

section 147 — power to authorise erection of stiles etc on footpath or bridleway;

vii

section 147ZA — agreements relating to improvements for benefit of persons with mobility problems;

viii

section 149 — removal of things so deposited on highways as to be a nuisance etc;

ix

section 169 — control of scaffolding on highways;

x

section 171 — control of deposit of building materials and making of excavations in streets;

xi

section 171A and regulations made under that section — works under s169 or s171: charge for occupation of the highway;

xii

section 172 — hoardings to be set up during building etc;

xiii

section 173 — hoardings to be securely erected;

xiv

section 178 — restriction on placing of rails, beams etc over highways;

xv

section 179 — control of construction of cellars etc under street;

xvi

section 180 — control of openings into cellars etc under streets, and pavement lights and ventilators;

e

exercising functions under section 34 of the Wildlife and Countryside Act 1981 (limestone pavement orders); and

f

exercising functions under section 53 of the Wildlife and Countryside Act 1981 (duty to keep definitive map and statement under continuous review).

I2519

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.

Annotations:
Commencement Information
I25

Sch. 2 para. 19 in force at 16.2.2007, see reg. 1(1)

I2620

Power to make payments or provide other benefits in cases of maladministration etc.56.

Annotations:
Commencement Information
I26

Sch. 2 para. 20 in force at 16.2.2007, see reg. 1(1)

I2721

The discharge of any function by an authority acting as a harbour authority.

Annotations:
Commencement Information
I27

Sch. 2 para. 21 in force at 16.2.2007, see reg. 1(1)

I2822

Functions in respect of the calculation of council tax base in accordance with any of the following—

a

the determination of an item for T in section 33(1) and 44(1) of the Local Government Finance Act 1992;

b

the determination of an amount for item TP in sections 34(3), 45(3) 48(3) and 48(4) of the Local Government Finance Act 1992;

c

the determination of an amount required for determining an amount for the item mentioned in paragraph (a) or (b) above.

Annotations:
Commencement Information
I28

Sch. 2 para. 22 in force at 16.2.2007, see reg. 1(1)

I2923

Licensing functions in accordance with Part 2 of the Licensing Act 2003 except section 6.

Annotations:
Commencement Information
I29

Sch. 2 para. 23 in force at 16.2.2007, see reg. 1(1)

F924

Functions in respect of gambling under the following provisions of the Gambling Act 2005—

a

section 29 — licensing authority information;

b

section 30 — other exchange of information;

c

section 166 — resolution not to issue casino licences;

d

section 212 and regulations made under that section — fees;

e

section 284 — removal of exemption;

f

section 304 — authorised persons;

g

section 346 — prosecutions by licensing authority;

h

section 349 — three-year licensing policy;

i

section 350 — exchange of information;

j

Part 5 of Schedule 11 — registration with local authority.

F1125

Functions in respect of approval by a local authority under section 51 or a determination by a local authority under section 53 of the School Standards and Organisation (Wales) Act 2013.

I31SCHEDULE 3FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 5

Annotations:
Commencement Information
I31

Sch. 3 in force at 16.2.2007, see reg. 1(1)

Amendments (Textual)

(1)

(2)

Plans, schemes and strategies

Reference

F3Children and Young People’s Plan

F4Regulations made under section 26 of the Children Act 2004

Best Value Performance Plan

Section 6(1) of the Local Government Act 1999 (c. 27).

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).

Health and Well Being Strategy

Section 24 of the National Health Service Reform and Health Care Professions Act 2002 (c. 17).

Local Transport Plan

Section 108 of the Transport Act 2000 (c. 38).

Plans and alterations which together comprise the Development Plan

Section 10A of the Town and Country Planning Act 1990 (c. 8).

Welsh Language Scheme

Section 5 of the Welsh Language Act 1993 (c. 38).

Youth Justice Plan

Section 40 of the Crime and Disorder Act 1998 (c. 37).

Powers to approve a Young Peoples Partnership Strategic Plan and a Children and Young Peoples Framework Partnership

Section 123, 124 and 125 of the Learning and Skills Act 2000 (c. 21).

Housing Strategy

Section 87 of the Local Government Act 2003 (c. 26).

F5Rights of Way Improvement Plan

F6Section 60 of the Countryside and Rights of Way Act 2000

I32SCHEDULE 4CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 6

Annotations:
Commencement Information
I32

Sch. 4 in force at 16.2.2007, see reg. 1(1)

(1)

(2)

Function

Circumstances

1

The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy for the control of the authority’s borrowing or capital expenditure or referred to in Schedule 3.

The authority determines that the decision whether the plan or strategy should be adopted or approved should be taken by them.

2

The determination of any matter in the discharge of a function which —

a

is the responsibility of the executive; and

b

is concerned with the authority’s budget, or their borrowing or capital expenditure.

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 —

  1. a

    is minded to determine the matter contrary to, or not wholly in accordance with —

    1. i

      the authority’s budget; or

    2. ii

      the plan or strategy for the time being approved or adopted by the authority in relation to their borrowing or capital expenditure; and

  2. b

    is not authorised by the authority’s executive arrangements, financial regulations, standing orders or other rules or procedures to make a determination in those terms.

3

The determination of any matter in the discharge of a function —

a

which is the responsibility of the executive; and

b

in relation to which a plan or strategy (whether statutory or non- statutory) has been adopted or approved by the authority.

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)

Part II of the Local Government Act 2000 (“the 2000 Act”) provides for the discharge of a local authority’s functions by an executive of the authority (which must take one of the forms specified in section 11(2) to (5) of that Act) unless those functions are specified as functions that are not to be the responsibility of the authority’s executive. These regulations specify functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of an executive only to a limited extent or only in specified circumstances. These regulations revoke the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2002, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003 and the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2004 (“the 2001, 2002, 2003 and 2004 Regulations”), consolidate the provisions of those regulations and make further provision.

Regulations 3, 4, 5 and 6, by reference to the Schedules to the Regulations, set out the limitations on what functions may be exercised by an executive. Schedule 1 lists those functions which must not be exercised by an executive and Schedule 2 lists those functions which may be the responsibility of an authority’s executive, if the authority so decides. Regulation 5, by reference to Schedule 3, sets out what actions may not be the sole responsibility of an authority’s executive.

By regulation 6 those functions listed in Schedule 4, which but for regulation 6 would be the responsibility of an executive, are not to be an executive’s responsibility in the circumstances set out in column (2) of that Schedule.

Regulation 7 revokes the 2001, 2002, 2003 and 2004 Regulations.

A regulatory appraisal has been carried out in connection with these Regulations and is available from the Local Government Policy Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone 02920825111).