The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008

• Citation: S.I. 2008/516
• Sections: 7

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008, and shall come into force—

(a) for the purposes of this regulation and regulations 2 to 6 and 7(b) on 31st March 2008; and

(b) for the purpose of regulation 7(a), on 1st April 2008.

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

Section 2 Amendment

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended as follows.

Section 3 Interpretation

(1) In paragraph (3) of regulation 1 (citation, commencement, application and interpretation)—

(a) after the definition of the 1998 Act insert—

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

(b) after the definition of “the Gambling Act Order” omit “; and”; and

(c) after the definition of “the 2006 Act” insert—

and;

“the 2007 Act ” means the Local Government and Public Involvement in Health Act 2007.

Section 4 Functions not to be the responsibility of an authority’s executive

In regulation 2 (functions not to be the responsibility of an authority’s executive)—

(a) in paragraph (6)—

(i) in sub-paragraph (a)(i), after “section 3 (chairman’s expenses) of” insert “, or paragraph 2(4) (chairman and mayor) of Schedule 2 to,”; and

(ii) in sub-paragraph (a)(ii), after “section 5 (vice-chairman’s expenses) of” insert “, or paragraph 5(4) (power of mayor of London borough to appoint deputy) of Schedule 2 to,”.

(b) after paragraph (6) insert—

(6A) The function of making a request under section 14A(1) (requests for single-member electoral areas) of the Local Government Act 1992 for single-member electoral areas is not to be the responsibility of an executive of the authority.

(6B) The function of passing a resolution to change a scheme for elections under section 32(1), 37(1) or 39(1) (resolutions for schemes for elections) of the 2007 Act is not to be the responsibility of an executive of the authority.

(6C) The functions of—

(a) deciding whether to make proposals for a change in governance arrangements of the kind set out in sections 33A and 33B of the 2000 Act ;

(b) deciding whether a change of the kind set out in section 33A of the 2000 Act should be subject to approval in a referendum under section 33E(5) of the Act; and

(c) passing a resolution to make a change in governance arrangements under section 33F of that Act,

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

(6D) The functions of—

(a) including provision in executive arrangements for the council to remove the executive leader by resolution under section 44C(1) of the 2000 Act; and

(b) passing a resolution to remove the executive leader under 44C(2) of that Act,

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

(6E) The function of making an order giving effect to recommendations made in a community governance review under section 86 (reorganisation of community governance) of the 2007 Act is not to be the responsibility of an authority’s executive.

(6F) The duty to make a change in governance arrangements under paragraph 3 or 8 of Schedule 4 to the 2007 Act is not to be the responsibility of an authority’s executive.

(c) In paragraph (7), for “paragraph (5) or (6)(a) to (c)”, substitute “paragraph (5), (6)(a) to (c) or (6A) to (6F)”

Section 5 Functions not to be the responsibility of an authority’s executive

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

(a) in paragraph D, after item 17, insert—

(1) Function

(2) Provision of Act or Statutory Instrument

(b) after paragraph E, insert—

(1) Function

(2) Provision of Act or Statutory Instrument

(1) Function

(2) Provision of Act or Statutory Instrument

Section 6 Functions not to be the sole responsibility of an authority’s executive

(1) In regulation 4 (functions not to be the sole responsibility of an authority’s executive) in paragraph (1), for sub-paragraph (b) substitute—

(b) of formulating a plan or strategy for the control of the authority’s borrowing, investments or capital expenditure or for determining the authority’s minimum revenue provision; or

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

(a) in column (1), omit “Community Strategy” ;

(b) in column (2), omit the entry relating to the words omitted by sub-paragraph (a);

(c) in column (1), in the appropriate place, insert “Local Area Agreement”;

(d) in column (2), in relation to the words inserted by sub-paragraph (c), insert “Section 106(1) of the 2007 Act.”;

(e) in column (1), in the appropriate place, insert “Sustainable Community Strategy”; and

(f) in column (2), in relation to the words inserted by sub-paragraph (e), insert “Section 4 of the 2000 Act.”.

Section 7 Functions which may be (but need not be) the responsibility of an authority’s executive

In Schedule 2, (functions which may be (but need not be) the responsibility of an authority’s executive)—

(a) omit paragraph 9 ; and

(b) insert at the end—

(22) Functions under sections 106, 110, 111 and 113 of the 2007 Act relating to local area agreements.