Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (“the 2000 Regulations”). They apply in relation to local authorities in England.
Part 2 of the Local Government Act 2000 provides for the discharge of a local authority’s functions by an executive of the authority unless those functions are specified as functions that are not to be the responsibility of the authority’s executive.
Regulation 4 of the 2000 Regulations provides generally for functions relating to the authority’s policy or budget framework, to be the shared responsibility of the authority and an executive of the authority.
These Regulations amend the 2000 Regulations so as to specify as functions that are not to be the sole responsibility of the authority’s executive certain functions conferred on authorities under Part 2 of the Planning and Compulsory Purchase Act 2004 (“the 2004 Act”) and under section 171E of the Town and Country Planning Act 1990 (“the 1990 Act”), which was inserted by the 2004 Act.
Paragraph (3) of regulation 2 of these Regulations amends regulation 4 of the 2000 Regulations so that functions relating to development plan documents and joint committees established under the 2004 Act are the shared responsibility of the authority and any executive of the authority. It also amends regulation 4 to provide that certain of these functions are, to the extent that they are not the responsibility of the executive, to be discharged by the full council.
Schedule 1 to the 2000 Regulations lists functions which are not to be the responsibility of the authority’s executive. Paragraph (4) of regulation 2 of these Regulations makes amendments to paragraph A of Schedule 1, so that—
functions relating to local development documents and joint committees established under the 2004 Act are no longer specified as functions which are not to be the responsibility of the executive; and
the power to issue temporary stop notices under section 171E of the 1990 Act is specified in paragraph A and, therefore, is not to be the responsibility of the authority’s executive.
The combined effect of regulation 4 of, and Schedule 3 to, the 2000 Regulations is to identify functions relating to plans and strategies, which are not to be the sole responsibility of the authority’s executive. Paragraph (5) of regulation 2 of these Regulations amends Schedule 3, so that functions relating to development plan documents are not to be the sole responsibility of the authority’s executive. However, functions relating to local development documents other than development plan documents are the responsibility of an authority’s executive.
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business, charities, voluntary bodies or the public sector.