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

• Citation: S.I. 2004/2748
• Sections: 7

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 and shall come into force on 23rd November 2004.

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

Section 2 Amendment of Regulations

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

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

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

Section 1

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

(1) after item 14—

(a) in column (1)—

(14A) Functions relating to licensing.

(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.

(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.

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

Section 115G of the Highways Act 1980 .

Section 2

In paragraph I (miscellaneous functions) , insert—

(1) after item 30—

(a) in column (1)—

(30A) Power to authorise stopping up or diversion of highway.

(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).

(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 .

(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.

Section 4

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

Section 5

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

Section 6

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