Explanatory note

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 1A of the Local Government Act 2000 provides that, for an English local authority that operates executive arrangements, the discharge of its functions is to be the responsibility of an executive of the authority, unless otherwise specified. In the 2000 Regulations, Schedule 1 specifies functions which are not be the responsibility of an authority’s executive, and Schedule 2 specifies functions which may be (but not need be) the responsibility of an authority’s executive.

Regulation 3 amends Schedule 1 of the 2000 Regulations by the substitution of a new paragraph A. The new paragraph A updates and consolidates the existing paragraph A, in setting out which planning-related functions of a local authority are not to be the responsibility of an executive of that authority.

Regulation 4 amends Schedule 2 to the 2000 Regulations to the effect that a local authority may decide whether their functions as local planning authority relating to—

1. (a)

   the making or revocation of a local development order; and

2. (b)

   powers of entry in section 324 of the Town and Country Planning Act 1990 and section 88 of the Planning (Listed Buildings and Conservation Areas) Act 1990,

should be the responsibility of their executive.

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private sector, voluntary sector or public sector is foreseen. An explanatory memorandum is published alongside this instrument at www.legislation.gov.uk.