Office of Public Sector Information
Regulation 6
| (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 — (g)
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 discharge of a local authority’s functions by an executive of the authority (which must take one of the forms specified in section 11(2) to (5) of that Act) unless those functions are specified as functions that are not to be the responsibility of the authority’s executive. These regulations specify functions that are not to be the responsibility of an authority’s executive or are to be the responsibility of an executive only to a limited extent or only in specified circumstances. These regulations revoke the Local Authorities Executive Arrangements (Functions and Responsibilities) (Wales) Regulations 2001, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2002, the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2003 and the Local Authorities Executive Arrangements (Functions and Responsibilities) (Amendment) (Wales) Regulations 2004 (“the 2001, 2002, 2003 and 2004 Regulations”), consolidate the provisions of those regulations and make further provision.
Regulations 3, 4, 5 and 6, by reference to the Schedules to the Regulations, set out the limitations on what functions may be exercised by an executive. Schedule 1 lists those functions which must not be exercised by an executive and Schedule 2 lists those functions which may be the responsibility of an authority’s executive, if the authority so decides. Regulation 5, by reference to Schedule 3, sets out what actions may not be the sole responsibility of an authority’s executive.
By regulation 6 those functions listed in Schedule 4, which but for regulation 6 would be the responsibility of an executive, are not to be an executive’s responsibility in the circumstances set out in column (2) of that Schedule.
Regulation 7 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 (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007