Office of Public Sector Information
Regulation 13
| (1) | (2) |
|---|---|
| Function | Circumstances |
1. The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy for the control of the authority’s borrowing or capital expenditure or referred to in Schedule 3. |
The authority determines that the decision whether the plan or strategy should be adopted or approved should be taken by them. |
2. The determination of any matter in the discharge of a function which — (a) is the responsibility of the executive; and (b) is concerned with the authority’s budget, or their borrowing or capital expenditure. |
The individual or body by whom, by virtue of any of sections 14 to 17 of the Local Government Act 2000 or provision made under section 18 or 20 of that Act, the determination is to be made — (a)
is minded to determine the matter contrary to, or not wholly in accordance with — (i)
the authority’s budget; or (ii)
the plan or strategy for the time being approved or adopted by the authority in relation to their borrowing or capital expenditure; and (b)
is not authorised by the authority’s executive arrangements, financial regulations, standing orders or other rules or procedures to make a determination in those terms. |
3. The determination of any matter in the discharge of a function — (a) which is the responsibility of the executive; and (b) in relation to which a plan or strategy (whether statutory or non- statutory) has been adopted or approved by the authority. |
The individual or body by whom, by virtue of any of sections 14 to 17 of the Local Government Act 2000 or provision made under section 18 or 20 of that Act, the determination is to be made, is minded to determine the matter in terms contrary to the plan or, as the case may be, the strategy adopted or approved by the authority. |
(This note is not part of the Regulations)
Part II of the Local Government Act 2000 (“the 2000 Act”) provides for the National Assembly for Wales to specify which local authorities may operate “alternative arrangements” (i.e. arrangements for the discharge of the authority’s functions which do not involve the creation and operation of an executive of the authority) (section 31(1)(b)) and what form those arrangements should take (section 32(1)).
These Regulations permit all county councils and county borough councils in Wales to operate alternative arrangements provided that those arrangements are in the form required by these Regulations.
These Regulations specify functions that are not to be the responsibility of a Board or are to be the responsibility of a Board only to a limited extent or only in specified circumstances. These Regulations revoke the Local Authorities (Alternative Arrangements) (Wales) Regulations 2001, the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2002, the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2003 and the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2004 (“the 2001, 2002, 2003 and 2004 Regulations”), consolidate the provisions of those regulations and make further provision.
Regulations 4 and 5 specify the committees which must be established when an authority operates alternative arrangements. They are a Board, a principal scrutiny committee and such other scrutiny committees as the council may decide (subject to a minimum of three and a maximum of eight in addition to the principal scrutiny committee). Authorities have a discretion whether to establish planning, licensing, area and audit committees.
Regulations 10, 11, 12 and 13, by reference to the Schedules to the Regulations, set out the limitations on what functions may be exercised by a Board of a local authority. Schedule 1 lists those functions which must not be exercised by the Board and Schedule 2 lists those functions which may be the responsibility of an authority’s Board, if the authority so decides. Regulation 12, by reference to Schedule 3, sets out what actions may not be the sole responsibility of an authority’s Board. By regulation 13 those functions listed in Schedule 4, which but for regulation 13 would be the responsibility of a Board, are not to be the Board’s responsibility in the circumstances set out in column (2) of that Schedule.
Regulation 18 revokes the 2001, 2002, 2003 and 2004 Regulations.
A regulatory appraisal has been carried out in connection with these Regulations and is available from the Local Government Policy Division, National Assembly for Wales, Cathays Park, Cardiff CF10 3NQ (telephone 02920825111).
The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007