# The Local Authorities (Committee System) (England) Regulations 2012, Regulation 3: Functions to be discharged by the local authority

Extent: E+W

(1) Section 101 (arrangements for the discharge of functions by local authorities) of the 1972 Act does not apply with respect to the discharge, by a local authority, of any function referred to in paragraphs (2) to (8).
(2) The functions referred to in this paragraph are—
(a) the approval or adoption of a plan or strategy of a description specified in column (1) of the Schedule to these Regulations and conferred by the enactments specified in relation to those functions in column (2);
(b) the approval or adoption of a plan or strategy for the control of the local authority’s borrowing, investments or capital expenditure, or for determining the authority’s minimum revenue provision; and
(c) the approval for the purpose of its submission to the Secretary of State or any Minister of the Crown for approval, of any plan or strategy, referred to in sub-paragraphs (a) or (b), (whether or not in the form of a draft) of which any part is required to be so submitted.
(3) The function referred to in this paragraph is the making of a members’ allowance scheme authorised or required by Regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the 1989 Act or of amending, revoking or replacing any such scheme.
(4) The functions referred to in this paragraph are the functions of the determination of—
(a) the amount of any allowance payable under;
(i) subsection (5) of section 3 (chairman’s expenses) of the 1972 Act;
(ii) subsection (4) of section 5 (vice chairman’s expenses) of that Act; and
(b) the amount of any allowance payable pursuant to a scheme under section 18 of the 1989 Act, or the rates at which payments, by way of any such allowance are to be made.
(5) The function referred to in this paragraph is the function of making a request to the Local Government Boundary Commission for England under section 57 (requests for single-member electoral areas) of the Local Democracy, Economic Development and Construction Act 2009 for single-member electoral areas.
(6) The function referred to in this paragraph is the function of passing a resolution to change a scheme for elections under sections 32(1), 37(1) or 39(1) (resolutions for schemes of elections) of the 2007 Act.
(7) The function referred to in this paragraph is 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.
(8) The function referred to in this paragraph is the function relating to the voting rights of co-opted members of an overview and scrutiny committee under regulation 11.
(9) Subject to paragraph (10), section 101 of the 1972 Act does not apply with respect to the discharge of the function of amending, modifying, varying , revising or revoking any plan or strategy referred to in paragraph (2)(a) or (b) (whether approved or adopted before or after the coming into force of these Regulations).
(10) Paragraph (9) does not apply to any amendment, modification, variation , revision or revocation which—
(a) is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for approval, or to any part submitted; or
(b) is authorised by a determination made by the local authority—
(i) in pursuance of arrangements made for the discharge of functions under section 101 of the 1972 Act; and
(ii) at the time when the local authority approves or adopts the plan or strategy, as the case may be.

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Source: https://www.legislation.gov.uk/uksi/2012/1020/regulation/3 (the official version)
Page: https://openlegislation.uk/local-authorities-committee-system-england-regulations-2012/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.