The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment No. 2) Regulations 2013

Welsh Statutory Instruments

2013 No. 2902 (W. 281)

Local Government, Wales

The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment No. 2) Regulations 2013

Made

13 November 2013

Laid before the National Assembly for Wales

14 November 2013

Coming into force

5 December 2013

The Welsh Ministers, in exercise of the powers conferred on them by sections 13 and 105 of the Local Government Act 2000(1), make the following Regulations.

Title and commencement

1.  The title of these Regulations is the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) (Amendment No. 2) Regulations 2013 and they come into force on 5 December 2013.

Amendment to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007

2.  The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007(2) are amended as follows.

3.  In Schedule 1 (functions not to be the responsibility of an authority’s executive)—

(a) for Part G substitute—

(i) in column 1—

“G. Power to promote or oppose private Bills”; and

(ii) in column 2—

“Sections 52 and 53 of the Local Government (Democracy) (Wales) Act 2013(3).”; and

(b) in Part I (miscellaneous functions) after paragraph 17—

(i) in column 1, insert—

“18. Functions relating to family absence of local authority members”; and

(ii) in column 2 insert—

“The Family Absence for Members of Local Authorities (Wales) Regulations 2013 (4).”.

Lesley Griffiths

Minister for Local Government and Government Business, one of the Welsh Ministers

13 November 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part II of the Local Government Act 2000 provides for the discharge of a local authority’s functions by an executive of an authority (which must take one of the forms specified in section 11 of that Act) unless those functions are not to be the responsibility of the authority’s executive. The Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399 (W.45)) (“the Principal Regulations”) specify those functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of such an executive only to a limited extent or only in specified circumstances.

These Regulations amend the Principal Regulations.

Schedule 1 to the Principal Regulations lists those functions which are not to be the responsibility of an authority’s executive. Regulation 3 of these Regulations amends this list by adding functions in respect of powers to promote or oppose private bills pursuant to sections 52 and 53 of the Local Government (Democracy) (Wales) Act 2013. Regulation 3 of these Regulations also amends this list by adding functions in respect of the Family Absence for Members of Local Authorities (Wales) Regulations 2013.

The effect of these amendments is that the functions in question cannot be the responsibility of an authority’s executive.

(1)

2000 c.22. Section 13 of the Local Government Act 2000 was amended by the Localism Act 2011 and references to the Welsh Minsters in section 13 of the Local Government Act 2000 were substituted by section 22 of, and paragraphs 8, 13(1) and (3) of Schedule 3 to, that Act.

(2)

S.I. 2007/399 (W.45).

(3)

2013 anaw 4.

(4)

S.I. 2013/2901 (W.280).