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The Local Authorities (Functions and Responsibilities) (England) (Amendment) (No.2) Regulations 2007

S.I. 2007/1557 · Made 30 May 2007

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 30th May 2007

Laid before Parliament 6th June 2007

Coming into force 1st July 2007

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 and application
  2. 2Amendment
  3. Signature
  4. Schedule SCHEDULE 1 AMENDMENTS
  5. Explanatory note

1Citation, commencement and application

(1)

These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment) (No.2) Regulations 2007, and shall come into force on 1st July 2007.

(2)

These Regulations apply in relation to local authorities in England.

2Amendment

(1)

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000f1 are amended as follows.

(2)

In regulation 1(3)—

(a)

after the definition of “the 1998 Act” omit “and”; and

(b)

after the definition of “the 2005 Act” insert—

“; and

  • “the 2006 Act” means the Health Act 2006f2”.

(3)

In Schedule 1 (functions not to be the responsibility of an authority’s executive), after item 14F, insert the item set out in the Schedule to these Regulations.

Signature

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

Phil Woolas

Minister of State

Department for Communities and Local Government

30th May 2007

SCHEDULE 1 AMENDMENTS

“

FA. Functions relating to smoke-free premises, etc

(1)

Function

(2)

Function

1. Power to enforce offences relating to the display of no-smoking signs.Section 6(5) of the 2006 Act.
2. Power to enforce offences relating to smoking in smoke-free places.Section 7(4) of the 2006 Act.
3. Power to enforce offence of failing to prevent smoking in smoke-free places.Section 8(4) of the 2006 Act.
4. Power to transfer enforcement functions to another enforcement authority.Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006/3368).

”

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.

Schedule 1 to the 2000 Regulations lists functions which are not to be the responsibility of the authority’s executive. Regulation 2(3) of these Regulations amends Schedule 1 by inserting a new item concerned with functions relating to smoke-free premises, etc conferred under or by virtue of the Health Act 2006. The effect of the amendment is that the functions in question are not to be the responsibility of the authority’s executive. Regulation 2(2) inserts a related definition into regulation 1(3) of the 2000 Regulations.

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