Explanatory note

Part 1A of the Local Government Act 2000 enables a local authority to make arrangements for the creation and operation of an executive which is responsible for certain functions of the local authority. The executive must take one of the forms specified in section 9C of that Act.

These Regulations enable arrangements to be made for the discharge of functions, which are the responsibility of a local authority executive, by another local authority or an executive of another local authority (regulation 5). Regulations 3 and 4 set out who may make such arrangements in relation to mayor and cabinet executives and leader and cabinet executives (England).

These Regulations also enable a local authority to make arrangements for the discharge of its functions, which are not the responsibility of an executive of that authority, by the executive of another local authority (regulation 6).

Where the arrangements made under regulation 5 or 6 are for the discharge of functions by the executive of another local authority, those functions are treated as the responsibility of that executive for the purposes of section 9E of the Local Government Act 2000 (regulation 7).

Where the arrangements made under regulation 5 are for the discharge of functions by another local authority, regulation 8 makes provision for the discharge of those functions by a committee, sub-committee or officer of the other authority.

Regulation 9 makes provision in connection with the discharge of functions jointly by two or more authorities where any of those functions are the responsibility of an executive of a local authority, and regulation 10 provides for variation of such arrangements where the function in question ceases to be an executive function.

Regulation 11 makes provision for joint arrangements to involve a joint committee, under section 101(5) of the Local Government Act 1972 and regulation 12 makes provision in respect of membership of joint committees. Regulations 3 and 4 also apply to who may make these arrangements.

A full impact assessment has not been produced in relation to these Regulations as no impact on the private or voluntary sectors is foreseen.