The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001

• Citation: S.I. 2001/2212
• Sections: 6

Section 1 Citation, application, commencement and interpretation

(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001.

(2) These Regulations apply in relation to local authorities in England.

(3) These Regulations shall come into force, subject to paragraphs (4) and (5), on 10th July 2001.

(4) Where, on 10th July 2001, a local authority are operating executive arrangements , the amendments specified or referred to in regulation 2 shall not have effect in relation to that authority until the day that falls three months after the day on which these Regulations are laid before Parliament.

(5) Where—

(a) at any time before 10th July 2001 a local authority have sent to the Secretary of State a copy of proposals drawn up in accordance with section 25 (proposals) of the 2000 Act or any comparable provision of regulations or an order under Part II (arrangements with respect to executives etc. ) of that Act; and

(b) on 10th July 2001 the authority are not operating either executive arrangements or alternative arrangements ,

the amendments specified or referred to in regulation 2 shall not have effect in relation to the authority until—

(i) in a case to which paragraph (6) applies, the day on which they first operate alternative arrangements based on their detailed fall-back proposals ;

(ii) in any other case, the day that falls three months after the day on which they first operate executive arrangements.

(6) This paragraph applies where—

(a) the copy of the proposals sent to the Secretary of State as mentioned in paragraph (5) is accompanied by a copy of outline fall-back proposals which involve alternative arrangements; and

(b) the proposals are rejected in a referendum.

(7) In this regulation—

“the 2000 Act” means the Local Government Act 2000;

“outline fall-back proposals”—

in relation to proposals under section 25 of the 2000 Act, means an outline of the proposals that a local authority intend to implement if their proposals under section 25 are rejected in a referendum;

in relation to proposals under regulation 17 (action before referendum) or regulation 19 (action on receipt of direction) of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 , means an outline of the proposals that a local authority intend to implement if proposals that are to be the subject of a referendum under Part II or Part III of those Regulations are rejected in that referendum;

in relation to proposals under an order under section 36 (referendum following order) of the 2000 Act, means an outline of the proposals that the authority intend to implement if proposals that are to be the subject of a referendum are rejected in that referendum;

in relation to proposals under regulations under section 30 (operation of different executive arrangements) or section 33 (operation of alternative arrangements) of the 2000 Act, means a summary of the authority’s existing executive arrangements or existing alternative arrangements, as the case may be; and

“referendum” means a referendum held under section 27 (referendum in case of proposals involving elected mayor) of the 2000 Act, or by virtue of regulations or an order made under any provision of Part II (arrangements with respect to executives etc.) of the 2000 Act.

Section 2 Amendment of Regulations

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended—

(a) in regulation 4 (functions not to be the sole responsibility of an authority’s executive)—

(i) in paragraph (3), by the insertion, after sub-paragraph (b), of the following—

(bb) the approval, for the purposes of public consultation in accordance with regulation 10 or 22 of the Town and Country Planning (Development Plans) (England) Regulations 1999, of draft proposals associated with the preparation of alterations to, or the replacement of, a development plan;

(ii) in sub-paragraph (a) of paragraph (5), by the insertion, immediately before “or”, of “for the inclusion of a disposal in a disposals programme”;

(iii) in sub-paragraph (b) of paragraph (5), by the insertion, at the beginning, of “for consent to that disposal”; and

(iv) by the insertion, after paragraph (11), of the following paragraphs—

(12) The function, pursuant to an order under section 70 (functions of local authorities) of the Deregulation and Contracting Out Act 1994, of authorising a person to exercise a function to which that section applies (“section 70 function”)—

(a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of that executive; and

(b) shall not be the responsibility of such an executive to any other extent.

(13) The function of revoking such an authorisation as is referred to in paragraph (12)—

(a) shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of the executive; and

(b) shall not be the responsibility of such an executive to any other extent.

(b) in Schedule 1 (functions not to be the responsibility of an authority’s executive), in accordance with Part I of the Schedule to these Regulations;

(c) in Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), in accordance with Part II of the Schedule to these Regulations; and

(d) in Schedule 3 (functions not to be the sole responsibility of an authority’s executive), in accordance with Part III of the Schedule to these Regulations.

Section 1

In paragraph B (licensing and registration functions), at the end, insert—

(a) in column (1)—

(69) Power to issue near beer licence.

(70) Power to register premises or stalls for the sale of goods by way of competitive bidding.

(b) in column (2)—

(i) in relation to the entry in column (1) for item 69, “Sections 16 to 19 and 21 of the London Local Authorities Act 1995 (c.x.) and, to the extent that it does not have effect by virtue of regulation 2(3), section 25 of that Act”; and

(ii) in relation to the entry in column (2) for item 70, “Section 28 of the Greater London Council (General Powers) Act 1984 (c.xxvii) .”.

Section 2

For paragraph I (miscellaneous functions), substitute the following paragraph —

(1) Power to create footpath or bridleway by agreement.

(2) Power to create footpaths and bridleways.

(3) Duty to keep register of information with respect to maps, statements and declarations.

(4) Power to stop up footpaths and bridleways.

(5) Power to determine application for public path extinguishment order.

(6) Power to make a rail crossing extinguishment order.

(7) Power to make a special extinguishment order.

(8) Power to divert footpaths and bridleways.

(9) Power to make a public path diversion order.

(10) Power to make a rail crossing diversion order.

(11) Power to make a special diversion order.

(12) Power to require applicant for order to enter into agreement.

(13) Power to make an SSSI diversion order.

(14) Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.

(15) Power to decline to determine certain applications.

(16) Duty to assert and protect the rights of the public to use and enjoyment of highways.

(17) Duty to serve notice of proposed action in relation to obstruction.

(18) Power to apply for variation of order under section 130B of the Highways Act 1980.

(19) Power to authorise temporary disturbance of surface of footpath or bridleway.

(20) Power temporarily to divert footpath or bridleway.

(21) Functions relating to the making good of damage and the removal of obstructions.

(22) Powers relating to the removal of things so deposited on highways as to be a nuisance.

(23) Power to extinguish certain public rights of way.

(24) Duty to keep definitive map and statement under review.

(25) Power to include modifications in other orders.

(26) Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.

(27) Duty to reclassify roads used as public paths.

(28) Power to prepare map and statement by way of consolidation of definitive map and statement.

(29) Power to designate footpath as cycle track.

(30) Power to extinguish public right of way over land acquired for clearance.

(31) Power to authorise stopping-up or diversion of footpath or bridleway.

(32) Power to extinguish public rights of way over land held for planning purposes.

(33) Power to enter into agreements with respect to means of access.

(34) Power to provide access in absence of agreement.

(35) Functions relating to sea fisheries.

(36) Power to make standing orders.

(37) Power to appoint staff, and to determine the terms and conditions on which they hold office (inlcuding procedures for their dismissal).

(38) Power to make standing orders as to contracts.

(39) Duty to make arrangements for proper administration of financial affairs etc.

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

(41) Power to make limestone pavement order.

(42) Power to make closing order with respect to take-away food shops.

(43) Duty to designate officer as the head of the authority’s paid service, and to provide staff, etc.

(44) Duty to designate officer as the monitoring officer, and to provide staff, etc.

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

(46) Powers relating to the protection of important hedgerows.

(47) Powers relating to the preservation of trees.

(48) Power to make payments or provide other benefits in cases of maladministration etc.

Section 20

The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities.

Section 21

Any function of a local authority in their capacity as a harbour authority (to the extent that the function does not fall within paragraph 1 of this Schedule.