Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/2287 |
| Year | 2001 |
2001 No. 2287 (W. 175 )
LOCAL GOVERNMENT, WALES
The Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2001
Made 21th June 2001
Coming into force 28th July 2001
The National Assembly for Wales makes the following Regulations in exercise of the powers conferred upon it by sections 18(1),(2),19(1),(2),(4),(5),(6),20(1),(2), 105(2) and 106(1) and (2) of the Local Government Act 20001:—
Citation, commencement and application
1.—(1) These Regulations may be cited as the Local Authorities (Executive Arrangements) (Discharge of Functions) (Wales) Regulations 2001 and shall come into force on 28th July 2001.
(2) These Regulations apply in Wales only.
Interpretation
2. In these Regulations —
“the 1972 Act” (“Deddf 1972”) means the Local Government Act 19722;
“the 2000 Act” (“Deddf 2000”) means the Local Government Act 2000;
“area committee” (“pwyllgor ardal”) means a committee or sub-committee of a local authority as defined in section 18(3) of the 2000 Act;
“relevant person” (“person perthnasol”) means for the purposes of Regulations 6(2), (3) and 11(4) —
(a) where the local authority has a mayor and cabinet executive, the elected mayor;
(b) where the local authority has a mayor and council manager executive, the council manager;
(c) where the local authority has a leader and cabinet executive and the power to make the arrangements arises by virtue of sub-paragraphs (b), (c) or (d) of regulation 4(1), the executive leader.
Power to make arrangements: mayor and cabinet executives
3. In the case of a local authority which has a mayor and cabinet executive, the following persons have power to make arrangements under regulations 6 and 7 and to make arrangements under section 101(5) of the 1972 Act in accordance with regulation 11 —
(a) the elected mayor as respects any functions which are the responsibility of the executive;
(b) unless the elected mayor otherwise directs, the executive of the local authority, a member of the executive other than the elected mayor, or a committee of the executive as respects any functions which, by virtue of section 14 of the 2000 Act, may be discharged by the executive, that member or, as the case may be, that committee.
Power to make arrangements: leader and cabinet executives
4.—(1) In the case of a local authority which has a leader and cabinet executive, the following persons have power to make arrangements under regulations 6 and 7 and to make arrangements under section 101(5) of the 1972 Act in accordance with regulation 11 —
(a)
(a) the executive, a member of the executive, or a committee of the executive as respects any functions which are allocated by executive arrangements to the executive, that member or, as the case may be, that committee;
(b)
(b) subject to paragraph (2) below, the executive, a member of the executive or a committee of the executive as respects any functions which the executive leader has arranged to be discharged by the executive, that member or, as the case may be, that committee;
(c)
(c) subject to paragraph (2) below, a committee of the executive, as respects any functions which the executive have arranged to be discharged by that committee by virtue of section 15(5)(a) of the 2000 Act;
(d)
(d) the executive leader as respects any functions which are the responsibility of the executive to the extent that they are not allocated by provision made in executive arrangements.
(2) Where the executive leader makes any arrangements under regulation 6 or 7 or makes arrangements under section 101(5) of the 1972 Act in accordance with regulation 11 the executive leader may direct, at that or any subsequent time, that paragraph (1)(b) or (c) above is not to apply to any of the functions which are the subject of those arrangements or is not to apply to any of those functions in such cases or circumstances as the executive leader may direct.
Power to make arrangements: mayor and council manager executives
5. In the case of a local authority which has a mayor and council manager executive, the following persons have power to make arrangements under regulations 6 and 7 and to make arrangements under section 101(5) of the 1972 Act in accordance with regulation 11 —
(a) the council manager as respects any functions which are the responsibility of the executive;
(b) the executive of the local authority as respects any functions which, by virtue of section 16 of the 2000 Act, may be discharged by the executive.
Discharge of functions by area committees
6.—(1) A person with power to make arrangements under this regulation may arrange for the discharge of any functions which are the responsibility of the executive of the relevant local authority by an area committee of that authority.
(2) Where by virtue of this regulation any functions may be discharged by an area committee, then unless the relevant person directs otherwise, the area committee may arrange for the discharge of any of those functions by a sub-committee of that committee or by an officer of the authority.
(3) Where by virtue of paragraph (2) above any functions may be discharged by a sub-committee of an area committee, then, unless the area committee or the relevant person directs otherwise, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
(4) Any arrangements made under this regulation by a person specified in regulation 3, 4 or 5 above for the discharge of any functions by an area committee are not to prevent that person from exercising those functions.
(5) As soon as reasonably practicable after making arrangements under this regulation the executive must secure that copies of a document setting out the provisions of the arrangements are available at the authority’s principal office for inspection by members of the public at all reasonable hours.
(6) The executive shall, in preparing the document referred to in paragraph (5) above, have regard to any guidance issued by the National Assembly under section 38 of the 2000 Act.
Discharge of functions by another local authority
7.—(1) A person with power to make arrangements under this regulation may make arrangements with another local authority in accordance with this regulation.
(2) Arrangements under this regulation may provide —
(a)
(a) for a function which is the responsibility of the executive of one local authority to be discharged either by another local authority or by the executive of that other authority if that function is a function of that other local authority but is not one which is the responsibility of the executive of that other local authority;
(b)
(b) for a function which is the responsibility of the executive of one local authority to be discharged by the executive of...
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