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The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008

S.I. 2008/2787 · Made 23 October 2008

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Local Government, England

Made 23rd October 2008

Laid before Parliament 30th October 2008

Coming into force 28th November 2008

The Secretary of State, in exercise of the powers conferred by sections 13 and 105 of the Local Government Act 2000f1, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 c.22. For the application of sections 13 and 105 of the Local Government Act 2000 to Wales, see section 106 of that Act.

Contents

  1. 1Citation, commencement, application and interpretation
  2. 2Amendment
  3. 3Amendment
  4. 4Amendment
  5. 5Amendment
  6. 6Amendment
  7. 7Revocation
  8. Signature
  9. Explanatory note

1Citation, commencement, application and interpretation

(1)

These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008, and shall come into force on 28th November 2008.

(2)

These Regulations apply in relation to local authorities in England.

(3)

In these Regulations, “the 2000 Regulations” means the Local Authorities (Functions and Responsibilities) (England) Regulations 2000f1.

2Amendment

The 2000 Regulations are amended as follows.

3Amendment

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

(a)

omit paragraph (6C) and (6D);

(b)

for paragraph (7), substitute—

“(7)

Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5), (6)(a) to (c) or (6A), (6B), (6E) or (6F).”.

4Amendment

In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive)—

(a)

in column (1), after item 71 insert—

“72.

Functions relating to the registration of common land and town or village greens.”; and

(b)

in column (2), in relation to the entry in column (1) for item 72 insert—

“Part 1 of the Commons Act 2006 (c.26) and the Commons Registration (England) Regulations 2008 (S.I. 2008/1961).”f1.

5Amendment

Omit paragraph EA (functions relating to changing governance arrangements) of Schedule 1 (functions not to be the responsibility of an authority’s executive).

6Amendment

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

(a)

in column (1), after item 50 insert—

“51.

Power to apply for an enforcement order against unlawful works on common land.”;

(b)

in column (2), in relation to the entry in column (1) for item 51 insert—

“Section 41 of the Commons Act 2006.”;

(c)

in column (1), after item 51 insert—

“52.

Power to protect unclaimed registered common land and unclaimed town or village greens against unlawful interference.”;

(d)

in column (2), in relation to the entry in column (1) for item 52 insert—

“Section 45(2)(a) of the Commons Act 2006.”;

(e)

in column (1), after item 52 insert—

“53.

Power to institute proceedings for offences in respect of unclaimed registered common land and unclaimed town or village greens.”; and

(f)

in column (2), in relation to the entry in column (1) for item 53 insert—

“Section 45(2)(b) of the Commons Act 2006.”.

7Revocation

In regulation 4 (functions not to be the responsibility of an authority’s executive) of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008f1—

(a)

paragraph (b) is revoked in so far as it inserts paragraphs (6C) and (6D) into regulation 2 (functions not to be the responsibility of an authority’s executive) of the 2000 Regulations; and

(b)

paragraph (c) is revoked.

Signature

Signed by authority of the Secretary of State for Communities and Local Government

John Healey

Minister of State

Department for Communities and Local Government

23rd October 2008

Explanatory note

(This note is not part of the Order)

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 (“the 2000 Act”) 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 2 of, and Schedule 1 to, the 2000 Regulations are concerned with functions that are not to be the responsibility of the executive.

Section 48(6) of the 2000 Act already provides for functions relating to changing governance arrangements under Part 2 of that Act to not be the responsibility of the executive. Changes subsequently made by S.I. 2008/516 to the 2000 Regulations to specify these functions in regulation 2 of, and paragraph EA of Schedule 1 to, the 2000 Regulations were therefore unnecessary. Regulations 3, 5 and 7 of these Regulations revoke the references to these functions in the 2000 Regulations.

Regulations 4 and 6 of these Regulations make other changes to Schedule 1 to the 2000 Regulations. Regulation 4 inserts into paragraph B a new item specifying functions under Part 1 of the Commons Act 2006 and under the Commons Registration (England) Regulations 2008. Regulation 6 inserts into paragraph I new items specifying functions under sections 41 and 45 of the Commons Act 2006. The effect of these amendments is that none of these functions are to be the responsibility of the executive.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.