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The Local Authorities (Functions and Responsibilities) (England) Regulations 2000

Sections10
2000 No. 2853

LOCAL GOVERNMENT, ENGLAND

The Local Authorities (Functions and Responsibilities) (England) Regulations 2000

Made19th October 2000
Laid before Parliament26th October 2000
Coming into force16th November 2000
The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred on him by sections 13 and 105 of the Local Government Act 20001 hereby makes the following Regulations:C2C4

I111 Citation, commencement, application and interpretation

1 These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and shall come into force on 16th November 2000.
2 These Regulations apply in relation to local authorities in England.
3 In these Regulations—
  • “the 1972 Act” means the Local Government Act 19722;
  • “the 1998 Act” means the School Standards and Framework Act 19983 ; F50...
  • “the 2000 Act” means the Local Government Act 2000;
  • “the 2004 Act” means the Planning and Compulsory Purchase Act 2004;
  • “the 2005 Act” means the Gambling Act 2005 (c. 19);
  • “the Gambling Act Order” means the Gambling Act 2005 (Commencement No 6 and Transitional Provisions) Order 2006 (S.I. 2006/3272);F31...
  • “the 2006 Act” means the Health Act 2006 ; and
  • “the 2007 Act” means the Local Government and Public Involvement in Health Act 2007.

I122 Functions not to be the responsibility of an authority’s executive

C1C31 The functions of a local authority specified in column (1) of Schedule 1 to these Regulations by reference to the enactments, directions and circulars specified in relation to those functions in column (2) are not to be the responsibility of an executive of the authority.
2 The functions of—
a imposing any condition, limitation or other restriction on an approval, consent, licence, permission or registration granted—
i in the exercise of a function specified in column (1) of Schedule 1; or
ii otherwise than by an executive of the authority, in the exercise of any function under a local Act; and
b determining any other terms to which any such approval, consent, licence, permission or registration is subject,
are not to be the responsibility of an executive of the authority.
3 The function of determining whether, and in what manner, to enforce—
a any failure to comply with an approval, consent, licence, permission or registration granted as mentioned in paragraph (2)(a);
b any failure to comply with a condition, limitation or term to which any such approval, consent, licence, permission or registration is subject; or
c any other contravention in relation to a matter with regard to which the function of determining an application for approval, consent, licence, permission or registration would not be the responsibility of an executive of the authority,
is not to be the responsibility of an executive of the authority.
4 The function of—
a amending, modifying or varying any such approval, consent, licence, permission or registration as is mentioned in paragraph (2), or any condition, limitation or term to which it is subject; or
b revoking any such approval, consent, licence, permission or registration,
is not to be the responsibility of an executive of the authority.
5 The function of making any scheme authorised or required by regulations under section 18 (schemes for basic, attendance and special responsibility allowances for local authority members) of the Local Government and Housing Act 19894, or of amending, revoking or replacing any such scheme, is not to be the responsibility of an executive of the authority.
6 The function of determining—
a the amount of any allowance payable under—
i subsection (5) of section 3 (chairman’s expenses) of , or paragraph 2(4) (chairman and mayor) of Schedule 2 to, the 1972 Act;
ii subsection (4) of section 5 (vice-chairman’s expenses) of , or paragraph 5(4) (power of mayor of London borough to appoint deputy) of Schedule 2 to, that Act;
iii subsection (4) of section 173 (financial loss allowance) of that Act5;
iv section 175 (allowances for attending conferences and meetings) of that Act;
b the rates at which payments are to be made under section 174 (travelling and subsistence allowances) of that Act;
c the amount of any allowance payable pursuant to a scheme under section 18 of the Local Government and Housing Act 1989, or the rates at which payments by way of any such allowance are to be made;
d whether a charge should be made for any approval, consent, licence, permit or registration the issue of which is not the responsibility of an executive of the authority; and
e where a charge is made for any such approval, consent, licence, permit or registration, the amount of the charge,
is not to be the responsibility of an executive of the authority.
6A The function of making a request under section 14A(1) (requests for single-member electoral areas) of the Local Government Act 1992 for single-member electoral areas is not to be the responsibility of an executive of the authority.
6B The function of passing a resolution to change a scheme for elections under section 32(1), 37(1) or 39(1) (resolutions for schemes for elections) of the 2007 Act is not to be the responsibility of an executive of the authority.
F706C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F706D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6E The function of making an order giving effect to recommendations made in a community governance review under section 86 (reorganisation of community governance) of the 2007 Act is not to be the responsibility of an authority’s executive.
6F The duty to make a change in governance arrangements under paragraph 3 or 8 of Schedule 4 to the 2007 Act is not to be the responsibility of an authority’s executive.
7 Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5), (6)(a) to (c) or (6A), (6B), (6E) or (6F).
8 Subject to any provision of regulations under section 20 (joint exercise of functions) of the Local Government Act 2000, the function of—
a making arrangements for the discharge of functions by a committee or officer under section 101(5) of the 1972 Act; and
b making appointments under section 102 (appointment of committees) of the 1972 Act,
is not to be the responsibility of an executive of the authority.
9 The functions of York City Council in relation to the management of the Yorkshire Museum and Gardens pursuant to an agreement dated 30th December 1960 between that Council and the Yorkshire Philosophical Society6 are not to be the responsibility of an executive of that Council.
10 The functions of South Lakeland District Council in relation to the management of land at Lake Windermere pursuant to an agreement dated 1st April 1975 between that Council, Windermere Parish Council and Lakes Parish Council7 are not to be the responsibility of an executive of the District Council.
11 Unless otherwise provided by any other provision of these Regulations, a function of a local authority which, by virtue of any enactment passed or made before the making of these Regulations, may be discharged only by an authority, is not to be the responsibility of an executive of the authority.
12 In paragraphs (1) and (11), “enactment” includes an enactment contained in a local Act or comprised in subordinate legislation (within the meaning of the Interpretation Act 19788).

I33 Functions which may be the responsibility of an authority’s executive

1 The functions specified in Schedule 2 to these Regulations may be (but need not be) the responsibility of an executive of the authority.
2 The functions of Hastings Borough Council in relation to the management of the Hastings and Saint Leonards Museum9 may be (but need not be) the responsibility of an executive of the Council.
3 Where the functions mentioned in paragraph (2) are the responsibility of the Council’s executive, the Hastings and Saint Leonards Museum Association may appoint persons who are for the time being members of the Association to attend any meeting of an overview and scrutiny committee of that Council, or of a sub-committee of any such committee (“the relevant committee or sub-committee”), at which the management of the Museum is the subject of consideration; and the persons so appointed shall, subject to paragraph (4), be entitled to speak and vote at the meeting on any question relating to the management of the Museum which falls to be decided at the meeting.
4 The number of persons appointed as mentioned in paragraph (3) shall, as nearly as may be, bear to the number for the time being of members of the relevant committee or sub-committee, the same proportion as 2 bears to 5, but the number of persons representing the Association at any such meeting as is referred to in that paragraph as are entitled to vote shall not exceed the number of members of the relevant committee or sub-committee present at that meeting.

I14 Functions not to be the sole responsibility of an authority’s executive

1 In connection with the discharge of the function—
a of formulating or preparing a plan or strategy of a description specified in column (1) of Schedule 3 to these Regulations;
b of formulating a plan or strategy for the control of the authority’s borrowing, investments or capital expenditure or for determining the authority’s minimum revenue provision; or
c of formulating or preparing any other plan or strategy whose adoption or approval is, by virtue of regulation 5(1), a matter for determination by the authority,
the actions designated by paragraph (3) (“the paragraph (3) actions”) shall not be the responsibility of an executive of the authority.
2 Except to the extent of the paragraph (3) actions, any such function as is mentioned in paragraph (1) shall be the responsibility of such an executive.
3 The actions designated by this paragraph are—
a the giving of instructions requiring the executive to reconsider any draft plan or strategy submitted by the executive for the authority’s consideration;
b the amendment of any draft plan or strategy submitted by the executive for the authority’s consideration;
bb the approval, for the purposes of public consultation in accordance with regulation 10 or 22 of the Town and Country Planning (Development Plans) (England) Regulations 1999, of draft proposals associated with the preparation of alterations to, or the replacement of, a development plan;
c the approval, for the purpose of its submission to the Secretary of State or any Minister of the Crown for his approval, of any plan or strategy (whether or not in the form of a draft) of which any part is required to be so submitted; F60...
ca the approval, for the purpose of its submission to the Secretary of State for independent examination under section 15D (independent examination: local plans) of the 2004 Act, of a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan; and
d the adoption (with or without modification) of the plan or strategy.
4 The function of amending, modifying , revising, varying, withdrawing or revoking any plan or strategy of a description referred to in paragraph (1), (whether approved or adopted before or after the coming into force of these Regulations)—
a shall be the responsibility of an executive of the authority to the extent that the making of the amendment, modification , revision, variation, withdrawal or revocation—
i is required for giving effect to requirements of the Secretary of State or a Minister of the Crown in relation to a plan or strategy submitted for his approval, or to any part so submitted; F30...
ia is recommended by the person carrying out, under section 15D of the 2004 Act, an independent examination of a document which is to be or form part of a minerals and waste plan, a local plan or a supplementary plan; or
ii is authorised by a determination made by the authority when approving or adopting the plan or strategy, as the case may be; and
b shall not be the responsibility of such an executive to any other extent.
4A In connection with the discharge of functions under any of sections 15I to 15JB (joint plans and joint committees) of the 2004 Act, the actions designated by paragraph (4C) (“the paragraph (4C) actions”) shall not be the responsibility of an executive of the authority.
4B Except to the extent of the paragraph (4C) actions, any such function as is mentioned in paragraph (4A) shall be the responsibility of such an executive.
4C The actions designated by this paragraph are—
a the making of an agreement to prepare one or more joint local plans, one or more joint documents which are to be or form part of a minerals and waste plan, or one or more joint supplementary plans;
b the making of an agreement to establish a joint committee to be, for the purposes of Part 2 (local development) of the 2004 Act, the local planning authority;
c where the authority is a constituent authority to a joint committee, the making of an agreement that the joint committee is to be, for the purposes of Part 2 of the 2004 Act, the local planning authority for any area or matter which is not the subject of—
i an order under section 29 of the 2004 Act;
ii an earlier agreement under section 30 of the 2004 Act;
iii regulations made under section 15J of the 2004 Act; or
iv an earlier agreement under section 15JA of the 2004 Act; and
d the making of a request to the Secretary of State for the revocation of an order or regulations constituting a joint committee as the local planning authority for any area or in respect of any matter.; and
5 Except to the extent mentioned in paragraph (6), the function of making an application—
a under subsection (5) of section 135 (programmes for disposals) of the Leasehold Reform, Housing and Urban Development Act 199310, for the inclusion of a disposal in a disposals programme or
b for consent to that disposal under section 32 (power to dispose of land held for the purposes of Part II) or section 43 (consent required for certain disposals not within section 32) of the Housing Act 198511,
shall be the responsibility of an executive of the authority.
6 The extent mentioned in this paragraph is the authorisation of the making of the application.
7 The function of making such an application as is referred to in paragraph (5), to the extent mentioned in paragraph (6), shall not be the responsibility of an executive of the authority.
8 Section 101 of the 1972 Act shall not apply with respect to the discharge—
a of a function specified in paragraph (1) to the exent that, by virtue of that paragraph, it is not the responsibility of an executive of the authority;
b of the functions specified in paragraphs (4), (4A) and (5) to the extent that they are not the responsibility of an executive of the authority.
9 In connection with the discharge of the function of—
a making a calculation in accordance with any of sections 32 to 37, 43 to 49, 52I, 52J, 52T and 52U of the Local Government Finance Act 199212, whether originally or by way of substitute; or
b issuing a precept under Chapter IV of Part I of that Act,
the actions designated by paragraph (11) (“the paragraph (11) actions”) shall be the responsibility of an executive of the authority.
10 Except to the extent of the paragraph (11) actions, any such function as is mentioned in paragraph (9) shall not be the responsibility of such an executive.
11 The actions designated by this paragraph are—
a the preparation, for submission to the authority for their consideration, of—
i estimates of the amounts to be aggregated in making the calculation or of other amounts to be used for the purposes of the calculation and estimates of the calculation; or
ii the amounts required to be stated in the precept;
b the reconsideration of those estimates and amounts in accordance with the authority’s requirements;
c the submission for the authority’s consideration of revised estimates and amounts.
12 The function, pursuant to an order under section 70 (functions of local authorities) of the Deregulation and Contracting Out Act 1994, of authorising a person to exercise a function to which that section applies (“section 70 function”)—
a shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of that executive; and
b shall not be the responsibility of such an executive to any other extent.
13 The function of revoking such an authorisation as is referred to in paragraph (12)—
a shall be the responsibility of an executive of the authority to the extent that the section 70 function is the responsibility of the executive; and
b shall not be the responsibility of such an executive to any other extent.

I45 Discharge of executive functions by authorities

1 Subject to paragraph (2), a function of any of the descriptions specified in column (1) of Schedule 4 to these Regulations (which, but for this paragraph, might be the responsibility of an executive of the authority), shall not be the responsibility of such an executive in the circumstances specified in column (2) in relation to that function.
2 Paragraph (1) shall not apply in relation to the discharge of a function of the description specified in paragraph 3 of column (1) of Schedule 4 where—
a the circumstances which render necessary the making of the determination may reasonably be regarded as urgent; and
b the individual or body by whom the determination is to be made has obtained from the chairman of a relevant overview and scrutiny committee or, if there is no such person, or if the chairman of every relevant overview and scrutiny committee is unable to act, from the chairman of the authority or, in his absence, from the vice-chairman, a statement in writing that the determination needs to be made as a matter of urgency.
3 In paragraph (2) “relevant overview and scrutiny committee” means an overview and scrutiny committee of the authority concerned whose terms of reference include the power to review or scrutinise decisions or other actions taken in the discharge of the function to which the determination relates.
4 The individual or body by whom a determination is made pursuant to paragraph (2) shall, as soon as reasonably practicable after the making of the determination, submit to the authority a report which shall include particulars of—
a the determination;
b the emergency or other circumstances in which it was made; and
c the reasons for the determination.
5 Section 101 of the 1972 Act shall not apply with respect to the discharge of a function referred to in paragraph (1) which, by virtue of that paragraph, is not the responsibility of an executive of the authority.

I17SCHEDULE 1 

FUNCTIONS NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 2(1)

(1)(2)
FunctionProvision of Act or Statutory Instrument
A. Functions relating to town and country planning and development control
1F65. . .
F65. . .
2F65. . .
F65. . .
3F65. . .
F65. . .
4F65. . .
F65. . .
5Power to determine application for planning permission or permission in principle.
Sections 59A(1)(b), 70(1)(a) and (b) and 72 of the Town and Country Planning Act 1990 (c. 8).
6Power to determine applications to develop land without compliance with conditions previously attached.
Section 73 of the Town and Country Planning Act 1990.
7Power to grant planning permission for development already carried out.
Section 73A of the Town and Country Planning Act 1990.
8Power to decline to determine application for planning permission or permission in principle.
Section 70A of the Town and Country Planning Act 1990.
9Duties relating to the making of determinations of planning applications.
Sections 69, 76 and 92 of the Town and Country Planning Act 1990 and Articles 8, 10 to 13, 15 to 22 and 25 and 26 of the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419) and directions made thereunder.
10Power to determine application for planning permission or permission in principle made by a local authority, alone or jointly with another person.
Section 316 of the Town and Country Planning Act 1990 and the Town and Country Planning General Regulations 1992 (S.I. 1992/1492).
11Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.
Parts 6, 7, 11, 17, 19, 20, 21 to 24, 26, 30 and 31 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995/418).
12Power to enter into agreement regulating development or use of land.
Section 106 of the Town and Country Planning Act 1990.
13Power to issue a certificate of existing or proposed lawful use or development.
Sections 191(4) and 192(2) of the Town and Country Planning Act 1990.
14Power to serve a completion notice.
Section 94(2) of the Town and Country Planning Act 1990.
15Power to grant consent for the display of advertisements.
Section 220 of the Town and Country Planning Act 1990 and the Town and Country Planning (Control of Advertisements) Regulations 1992 (S.I. 1992/666).
16Power to authorise entry onto land.
Section 196A of the Town and Country Planning Act 1990.
17Power to require the discontinuance of a use of land.
Section 102 of the Town and Country Planning Act 1990.
18Power to serve a planning contravention notice, breach of condition notice or stop notice.
Sections 171C, 187A and 183(1) of the Town and Country Planning Act 1990.
18APower to issue a temporary stop notice.
Section 171E of the Town and Country Planning Act 1990.
19Power to issue an enforcement notice.
Section 172 of the Town and Country Planning Act 1990.
20Power to apply for an injunction restraining a breach of planning control.
Section 187B of the Town and Country Planning Act 1990.
21Power to determine applications for hazardous substances consent, and related powers.
Sections 9(1) and 10 of the Planning (Hazardous Substances) Act 1990.
22Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.
Paragraph 2(6)(a) of Schedule 2 to the Planning and Compensation Act 1991 (c. 34), paragraph 9(6) of Schedule 13 to the Environment Act 1995 (c. 25) and paragraph 6(5) of Schedule 14 to that Act.
23Power to require proper maintenance of land.
Section 215(1) of the Town and Country Planning Act 1990.
24Power to determine application for listed building consent, and related powers.
Sections 16(1) and (2), 17, F47... and 33(1) of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
25F78. . .
F78. . .
26Duties relating to applications for listed building consent F94....
Sections 13(1) and 14(1) and (4) of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9) and regulations 3 to 6 and 13 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519) and paragraphs 8, 15 and 26 of Department of the Environment, Transport and the Regions Circular 01/01.
27Power to serve a building preservation notice, and related powers.
Sections 3(1) and 4(1) of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
28Power to issue enforcement notice in relation to demolition of listed building in conservation area.
Section 38 of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
29Powers to acquire a listed building in need of repair and to serve a repairs notice.
Sections 47 and 48 of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
30Power to apply for an injunction in relation to a listed building.
Section 44A of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
31Power to execute urgent works.
Section 54 of the the Planning (Listed Buildings and Conservation Areas) Act 1990 (c.9).
32Duty to enter land in Part 2 of the brownfield land register.
Regulation 3 of the Town and Country Planning (Brownfield Land Register) Regulations 2017.
B. Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule)
1Power to issue licences authorising the use of land as a caravan site (“site licences”).
Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62).
2Power to license the use of moveable dwellings and camping sites.
Section 269(1) of the Public Health Act 1936 (c. 49).
3Power to license hackney carriages and private hire vehicles.
a as to hackney carriages, the Town Police Clauses Act 1847 (10 & 11 Vict. c. 89), as extended by section 171 of the Public Health Act 1875 (38 & 39 Vict. c. 55), and section 15 of the Transport Act 1985 (c. 67); and sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57);
b as to private hire vehicles, sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
4Power to license drivers of hackney carriages and private hire vehicles.
Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
5Power to license operators of hackney carriages and private hire vehicles.
Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.
6Power to register pool promoters.
Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c. 2)13 as saved for certain purposes by article 3(3)(c) of the Gambling Act Order.
7Power to grant track betting licences.
Schedule 3 to the Betting, Gaming and Lotteries Act 196314 as saved for certain purposes by article 3(3)(d) and (4) of the Gambling Act Order.
8Power to license inter-track betting schemes.
Schedules 5ZA to the Betting, Gaming and Lotteries Act 196315 as saved for certain purposes by article 3(3)(e) of the Gambling Act Order.
9Power to grant permits in respect of premises with amusement machines.
Schedule 9 to the Gaming Act 1968 (c. 65)16 as saved for certain purposes by article 4(2)(l) and (m) of the Gambling Act Order.
10Power to register societies wishing to promote lotteries.
Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)17 as saved for certain purposes by article 5(2)(a) and (3) of the Gambling Act Order.
11Power to grant permits in respect of premises where amusements with prizes are provided.
Schedule 3 to the Lotteries and Amusements Act 197618 as saved for certain purposes by article 5(2)(d) and (5) of the Gambling Act Order.
12Power to issue cinema and cinema club licences.
Section 1 of the Cinema Act 1985 (c. 13).
13Power to issue theatre licences.
Sections 12 to 14 of the Theatres Act 1968 (c. 54)19.
14Power to issue entertainments licences.
Section 12 of the Children and Young Persons Act 1933 (c. 12), section 52 of, and Schedule 12 to, the London Government Act 1963 (c. 33), section 79 of the Licensing Act 1964 (c. 26), sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c. 19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).
14A Any function of a licensing authority.
Licensing Act 2003 (c. 17) and any regulations or orders made under that Act.
14AZAPowers and functions relating to late night levy requirements.
Chapter 2 of Part 2 of the Police Reform and Social Responsibility Act 2011 (c. 13) and any regulations made under that Chapter.
14AADuty to comply with requirement to provide information to Gambling Commission.
Section 29 of the 2005 Act.
14ABFunctions relating to exchange of information.
Section 30 of the 2005 Act.
14ACFunctions relating to occasional use notices.
Section 39 of the 2005 Act.
14BPower to resolve not to issue a casino premises licence
Section 166 of the 2005 Act.
14CPower to designate officer of a licensing authority as an authorised person for a purpose relating to premises.
Section 304 of the 2005 Act.
14CAPower to make order disapplying section 279 or 282(1) of the 2005 Act in relation to specified premises.
Section 284 of the 2005 Act.
14DPower to institute criminal proceedings F42...
Section 346 of the 2005 Act.
14EPower to exchange information.
Section 350 of the 2005 Act.
14FFunctions relating to the determination of fees for premises licences.
The Gambling (Premises Licence Fees) (England and Wales) Regulations 2007 (S.I. 2007/479).
14GFunctions relating to the registration and regulation of small society lotteries.
Part 5 of Schedule 11 to the 2005 Act.
F93. . .F93. . .
15Power to license sex shops and sex cinemas.
The Local Government (Miscellaneous Provisions) Act 1982, section 2 and Schedule 3.
16Power to license performances of hypnotism.
The Hypnotism Act 1952 (c. 46).
17Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.
Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.
18Power to license pleasure boats and pleasure vessels.
Section 94 of the Public Health Acts Amendment Act 1907 (c. 53)20.
19Power to register door staff.
Paragraphs 1(2) and 9 of Schedule 12 to the London Government Act 1963 (c. 33) and Part V of the London Local Authorities Act 1995 (c. x).
20Power to license market and street trading.
Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982, Part III of the London Local Authorities Act 1990 (c. vii) and section 6 of the London Local Authorities Act 1994 (c. xii).
21Power to license night cafes and take-away food shops.
Section 2 of the Late Night Refreshment Houses Act 1969 (c. 53)21, Part II of the London Local Authorities Act 1990 and section 5 of the London Local Authorities Act 1994.
22F18. . .
F18. . .
23Power to license dealers in game and the killing and selling of game.
Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c. 32); sections 2 to 16 of the Game Licensing Act 1860 (c. 90), section 4 of the Customs and Inland Revenue Act 1883 (c. 10), sections 12(3) and 27 of the Local Government Act 1874 (c. 73), and section 213 of the Local Government Act 1972 (c. 70).
24Power of register and license premises for the preparation of food.
Section 19 of the Food Safety Act 1990 (c. 16).
25Power to license scrap yards.
Section 1 of the Scrap Metal Dealers Act 1964 (c. 69).
26Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.
The Safety of Sports Grounds Act 1975 (c. 52)22.
27Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.
Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27).
28Power to issue fire certificates.
Section 5 of the Fire Precautions Act 1971 (c. 40).
29Power to grant or renew a licence for a licensable activity under the Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (selling animals as pets, providing or arranging for the provision of boarding for cats or dogs, hiring out horses, breeding dogs or keeping or training animals for exhibition).
Regulation 4 of those Regulations.
F111. . .F112. . .
F111. . .F112. . .
32Power to license zoos.
Section 1 of the Zoo Licensing Act 1981 (c. 37)23.
33Power to license dangerous wild animals.
Section 1 of the Dangerous Wild Animals Act 1976 (c. 38).
34Power to license knackers' yards.
Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I. 1999/646).
35Power to license the employment of children.
Part II of the Children and Young Persons Act 1933 (c. 33), byelaws made under that Part, and Part II of the Children and Young Persons Act 1963 (c. 37).
36Power to approve premises for the solemnisation of marriages.
Section 46A of the Marriage Act 1949 (c. 76) and the Marriages (Approved Premises) Regulations 1995 (S. I. 1995/510)24.
37Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to—
a an exchange of lands effected by an order under section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c. 67) or
b an order under section 147 of the Inclosure Act 1845 (c. 8 & 9 Vict. c. 118).
Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843).
38Power to register variation of rights of common.
Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471)25.
39Power to license persons to collect for charitable and other causes.
Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (c. 31) and section 2 of the House to House Collections Act 1939 (c. 44)26.
40Power to grant consent for the operation of a loudspeaker.
Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).
41Power to grant a street works licence.
Section 50 of the New Roads and Street Works Act 1991 (c. 22).
42Power to license agencies for the supply of nurses.
Section 2 of the Nurses Agencies Act 1957 (c. 16).
43Power to issue licences for the movement of pigs.
Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11).
44Power to license the sale of pigs.
Article 13 of the Pigs (Records, Identification and Movement) Order 1995.
45Power to license collecting centres for the movement of pigs.
Article 14 of the Pigs (Records, Identification and Movement) Order 1995.
46Power to issue a licence to move cattle from a market.
Article 5(2) of the Cattle Identification Regulations 1998 (S.I. 1998/871).
46APower to grant permission for provision, etc of services, amenities, recreation and refreshment facilities on highway, and related powers.
Sections 115E, 115F and 115K of the Highways Act 1980.
47ADuty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.
Section 115G of the Highways Act 1980.
47Power to permit deposit of builder’s skip on highway.
Section 139 of the Highways Act 1980 (c. 66).
48Power to license planting, retention and maintenance of trees etc. in part of highway.
Section 142 of the Highways Act 1980.
49Power to authorise erection of stiles etc. on footpaths or bridleways.
Section 147 of the Highways Act 1980.
50Power to license works in relation to buildings etc. which obstruct the highway.
Section 169 of the Highways Act 1980.
51Power to consent to temporary deposits or excavations in streets.
Section 171 of the Highways Act 1980.
52Power to dispense with obligation to erect hoarding or fence.
Section 172 of the Highways Act 1980.
53Power to restrict the placing of rails, beams etc. over highways.
Section 178 of the Highways Act 1980.
54Power to consent to construction of cellars etc. under street.
Section 179 of the Highways Act 198026.
55Power to consent to the making of openings into cellars etc. under streets, and pavement lights and ventilators.
Section 180 of the Highways Act 1980.
56Power to sanction use of parts of buildings for storage of celluloid.
Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35).
57Power to approve meat product premises.
Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I. 1994/3082)27.
58Power to approve premises for the production of minced meat or meat preparations.
Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).
59Power to approve dairy establishments.
Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086)28.
60Power to approve egg product establishments.
Regulation 5 of the Egg Products Regulations 1993 (S.I. 1993/1520).
61Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.
Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763)29.
62Power to approve fish products premises.
Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994).
63Power to approve dispatch or purification centres.
Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
64Power to register fishing vessels on board which shrimps or molluscs are cooked.
Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
65Power to approve factory vessels and fishery product establishments.
Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
66Power to register auction and wholesale markets.
Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.
67Duty to keep register of food business premises.
Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I. 1991/2828).
68Power to register food business premises.
Regulation 9 of the Food Premises (Registration) Regulations 1991.
69Power to issue near beer licence.
Sections 16 to 19 and 21 of the London Local Authorities Act 1995 (c.x.) and, to the extent that it does not have effect by virtue of regulation 2(3), section 25 of that Act.
70Power to register premises or stalls for the sale of goods by way of competitive bidding.
Section 28 of the Greater London Council (General Powers) Act 1984 (c.xxvii).
71Power to register motor salvage operators.
Part I of the Vehicles (Crime) Act 2001 (c. 3).
72Functions relating to the registration of common land and town or village greens.
Part 1 of the Commons Act 2006 (c.26) and the Commons Registration (England) Regulations 2008 (S.I. 2008/1961).
73 Functions relating to pavement licences
Sections 1 to 7A of the Business and Planning Act 2020
C. Functions relating to health and safety at work
Functions under any of the “relevant statutory provisions” within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work etc. Act 1974, to the extent that those functions are discharged otherwise than in the authority’s capacity as an employer.Part I of the Health and Safety at Work etc. Act 1974 (c. 37)30.
D. Functions relating to elections
1Duty to appoint an electoral registration officer.
Section 8(2) of the Representation of the People Act 1983 (c. 2)31.
2Power to assign officers in relation to requisitions of the registration officer.
Section 52(4) of the Representation of the People Act 1983.
3Functions in relation to parishes and parish councils.
Part II of the Local Government and Rating Act 1997 (c. 29) and subordinate legislation under that Part.
4Power to dissolve small parish councils.
Section 10 of the Local Government Act 1972.
5Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.
Section 11 of the Local Government Act 1972.
6Duty to appoint returning officer for local government elections.
Section 35 of the Representation of the People Act 1983.
7Duty to provide assistance at European Parliamentary elections.
 Section 6(7) and (8) of the European Parliamentary Elections Act 2002 (c.24).
8Duty to divide constituency into polling districts.
 Sections 18A to 18E of, and Schedule A1 to, the Representation of the People Act 1983.
9Power to divide electoral divisions into polling districts at local government elections.
Section 31 of the Representation of the People Act 1983.
10Powers in respect of holding of elections.
Section 39(4) of the Representation of the People Act 1983.
11Power to pay expenses properly incurred by electoral registration officers.
Section 54 of the Representation of the People Act 1983.
12Power to fill vacancies in the event of insufficient nominations.
Section 21 of the Representation of the People Act 1985.
13Duty to declare vacancy in office in certain cases.
Section 86 of the Local Government Act 1972.
14Duty to give public notice of a casual vacancy.
Section 87 of the Local Government Act 1972.
15Power to make temporary appointments to parish councils.
Section 91 of the Local Government Act 1972.
16F3. . .
F3. . .
17Power to submit proposals to the Secretary of State for an order under section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.
Section 10 of the Representation of the People Act 2000 (c. 2).
18. Duty to consult on change of scheme for elections.Sections 33(2), 38 (2) and 40(2) of the 2007 Act.
19. Duties relating to publicity.Sections 35, 41 and 52 of the 2007 Act.
20. Duties relating to notice to Electoral Commission.Sections 36 and 42 of the 2007 Act.
21. Power to alter years of ordinary elections of parish councillors.Section 53 of the 2007 Act.
22. Functions relating to change of name of electoral area.Section 59 of the 2007 Act.
E. Functions relating to name and status of areas and individuals
1Power to change the name of a county, district or London borough.
Section 74 of the Local Government Act 1972.
2Power to change the name of a parish.
Section 75 of the Local Government Act 1972.
3Power to confer title of honorary alderman or to admit to be an honorary freeman.
Section 249 of the Local Government Act 1972.
4Power to petition for a charter to confer borough status.
Section 245b of the Local Government Act 1972.
EA F55. . .F55. . .
EB. Functions relating to community governance
(1)(2)
FunctionProvision of Act or Statutory Instrument
1. Duties relating to community governance reviews.Section 79 of the 2007 Act.
2. Functions relating to community governance petitions.Sections 80, 83 to 85 of the 2007 Act.
3. Functions relating to terms of reference of review.Sections 81(4) to (6).
4. Power to undertake a community governance review.Section 82 of the 2007 Act.
5. Functions relating to making of recommendations.Sections 87 to 92 of the 2007 Act.
6. Duties when undertaking review.Section 93 to 95 of the 2007 Act.
7. Duty to publicise outcome of review.Section 96 of the 2007 Act.
8. Duty to send two copies of order to Secretary of State and Electoral Commission.Section 98(1) of the 2007 Act.
9. Power to make agreements about incidental matters.Section 99 of the 2007 Act.
F. Power to make, amend, revoke, re-enact or enforce byelaws.Any provision of any enactment (including a local Act), whenever passed, and section 14 of the Interpretation Act 1978 (c. 30)32.
FA. Functions relating to smoke-free premises, etc
(1)(2)
FunctionProvision of Act or Statutory Instrument
1. Duty to enforce Chapter 1 and regulations made under it.Section 10(3) of the 2006 Act.
2. Power to authorise officers.Section 10(5) of, and paragraph 1 of Schedule 2 to, the 2006 Act.
3. Functions relating to fixed penalty notices.Paragraphs 13, 15 and 16 of Schedule 1 to the 2006 Act.
Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007 (S.I. 2006/760).
4. Power to transfer enforcement functions to another enforcement authority.Smoke-free (Premises and Enforcement) Regulations 2006 (S.I. 2006/3368).
G. Power to promote or oppose local or personal Bills.Section 239 of the Local Government Act 1972.
H. Functions relating to pensions etc.
1Functions relating to local government pensions, etc.
Regulations under section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)33.
2Functions under the Fire-fighters' Pension Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004
Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21).
I. Miscellaneous functions
(1)(2)
FunctionProvision of Act or Statutory Instrument
Part I: functions relating to public rights of way
1Power to create footpath or bridleway by agreement.
Section 25 of the Highways Act 1980 (c. 66).
2Power to create footpaths and bridleways.
Section 26 of the Highways Act 1980.
3Duty to keep register of information with respect to maps, statements and declarations.
Section 31A of the Highways Act 1980.
4Power to stop up footpaths and bridleways.
Section 118 of the Highways Act 1980.
5Power to determine application for public path extinguishment order.
Sections 118ZA and 118C(2) of the Highways Act 1980.
6Power to make a rail crossing extinguishment order.
Section 118A of the Highways Act 1980.
7Power to make a special extinguishment order.
Section 118B of the Highways Act 1980.
8Power to divert footpaths and bridleways.
Section 119 of the Highways Act 1980.
9Power to make a public path diversion order.
Sections 119ZA and 119C(4) of the Highways Act 1980.
10Power to make a rail crossing diversion order.
Section 119A of the Highways Act 1980.
11Power to make a special diversion order.
Section 119B of the Highways Act 1980.
12Power to require applicant for order to enter into agreement.
Section 119C(3) of the Highways Act 1980.
13Power to make an SSSI diversion order.
Section 119D of the Highways Act 1980.
14Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.
Section 121B of the Highways Act 1980.
15Power to decline to determine certain applications.
Section 121C of the Highways Act 1980.
16Duty to assert and protect the rights of the public to use and enjoyment of highways.
Section 130 of the Highways Act 1980.
17Duty to serve notice of proposed action in relation to obstruction.
Section 130A of the Highways Act 1980.
18Power to apply for variation of order under section 130B of the Highways Act 1980.
Section 130B(7) of the Highways Act 1980.
19Power to authorise temporary disturbance of surface of footpath or bridleway.
Section 135 of the Highways Act 1980.
20Power temporarily to divert footpath or bridleway.
Section 135A of the Highways Act 1980.
21Functions relating to the making good of damage and the removal of obstructions.
Section 135B of the Highways Act 1980.
22Powers relating to the removal of things so deposited on highways as to be a nuisance.
Section 149 of the Highways Act 1980.
23Power to extinguish certain public rights of way.
Section 32 of the Acquisition of Land Act 1981 (c. 67).
24Duty to keep definitive map and statement under review.
Section 53 of the Wildlife and Countryside Act 1981 (c. 69).
25Power to include modifications in other orders.
Section 53A of the Wildlife and Countryside Act 1981.
26Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.
Section 53B of the Wildlife and Countryside Act 1981.
27Duty to reclassify roads used as public paths.
Section 54 of the Wildlife and Countryside Act 1981.
28Power to prepare map and statement by way of consolidation of definitive map and statement.
Section 57A of the Wildlife and Countryside Act 1981.
29Power to designate footpath as cycle track.
Section 3 of the Cycle Tracks Act 1984 (c. 38).
30Power to extinguish public right of way over land acquired for clearance.
Section 294 of the Housing Act 1981 (c. 68).
30APower to authorise stopping up or diversion of highway.
Section 247 of the Town and Country Planning Act 1990 (c. 8).
31Power to authorise stopping-up or diversion of footpath or bridleway.
Section 257 of the Town and Country Planning Act 1990.
32Power to extinguish public rights of way over land held for planning purposes.
Section 258 of the Town and Country Planning Act 1990.
33Power to enter into agreements with respect to means of access.
Section 35 of the Countryside and Rights of Way Act 2000 (c. 37).
34Power to provide access in absence of agreement.
Section 37 of the Countryside and Rights of Way Act 2000.
Part II: other miscellaneous functions
35Functions relating to sea fisheries.
Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38).
36Power to make standing orders.
Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972 (c. 70).
37Power to appoint staff, and to determine the terms and conditions on which they hold office (inlcuding procedures for their dismissal).
Section 112 of the Local Government Act 1972.
38Power to make standing orders as to contracts.
Section 135 of the Local Government Act 1972.
39Duty to make arrangements for proper administration of financial affairs etc.
Section 151 of the Local Government Act 1972.
40Power to appoint officers for particular purposes (appointment of “proper officers”).
Section 270(3) of the Local Government Act 1972.
41Power to make limestone pavement order.
Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69).
42Power to make closing order with respect to take-away food shops.
Section 4 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).
43Duty to designate officer as the head of the authority’s paid service, and to provide staff, etc.
Section 4(1) of the Local Government and Housing Act 1989 (c. 42).
44Duty to designate officer as the monitoring officer, and to provide staff, etc.
Section 5(1) of the Local Government and Housing Act 1989.
44ADuty to provide staff, etc to person nominated by monitoring officer.
Sections 82A(4) and (5) of the Local Government Act 2000.
44BPowers relating to overview and scrutiny committees (voting rights of co-opted members).
Paragraphs 12 and 14 of Schedule 1 to the Local Government Act 2000.
45Duty to approve authority’s statement of accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case may be).
The Accounts and Audit Regulations 1996 (S.I. 1996/590).
46Powers relating to the protection of important hedgerows.
The Hedgerows Regulations 1997 (S.I. 1997/1160).
47Powers relating to the preservation of trees.
Sections 197 to 214D of the Town and Country Planning Act 1990, and the Trees Regulations 1999 (S.I. 1999/1892).
47APowers relating to complaints about high hedges.
Part 8 of the Anti-Social Behaviour Act 2003.
48Power to make payments or provide other benefits in cases of maladministration etc.
Section 92 of the Local Government Act 2000.
49Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.
Section 13(2) of the Criminal Justice and Police Act 2001 (c. 16).
50Power to make or revoke an order designating a locality as an alcohol disorder zone.
Section 16 of the Violent Crime Reduction Act 2006 (c. 38).
51Power to apply for an enforcement order against unlawful works on common land.
Section 41 of the Commons Act 2006.
52Power to protect unclaimed registered common land and unclaimed town or village greens against unlawful interference.
Section 45(2)(a) of the Commons Act 2006.
53Power to institute proceedings for offences in respect of unclaimed registered common land and unclaimed town or village greens.
Section 45(2)(b) of the Commons Act 2006.

SCHEDULE 2 

FUNCTIONS WHICH MAY BE (BUT NEED NOT BE) THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 3(1)

I201Any function under a local Act other than a function specified or referred to in regulation 2 or Schedule 1.
I22The determination of an appeal against any decision made by or on behalf of the authority.
I63The appointment of review boards under regulations under subsection (4) of section 34 (determination of claims and reviews) of the Social Security Act 199834.
4The making of arrangements in relation to appeals against the exclusion of pupils from maintained schools.
5The making of arrangements pursuant to sections 94(1), (1A) and (4) of the 1998 Act (admissions appeals).
6The making of arrangements pursuant to section 95(2) of the 1998 Act (children to whom section 87 applies: appeals by governing bodies).
I87The making of arrangements under section 20 (questions on police matters at council meetings) of the Police Act 199635 for enabling questions to be put on the discharge of the functions of a police authority.
I108The making of appointments under paragraphs 2 to 4 (appointment of members by relevant councils) of Schedule 2 (police authorities established under section 3) to the Police Act 1996.
F859. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1310Any function relating to contaminated land36.
I2211The discharge of any function relating to the control of pollution or the management of air quality37.
I2112The service of an abatement notice in respect of a statutory nuisance38.
I2313The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority’s area39.
I514The inspection of the authority’s area to detect any statutory nuisance40.
I1615The investigation of any complaint as to the existence of a statutory nuisance41.
I1916The obtaining of information under section 330 of the Town and Country Planning Act 199042 as to interests in land.
I1417The obtaining of particulars of persons interested in land under section 16 of the Local Government (Miscellaneous Provisions) Act 197643.
I1518The making of agreements for the execution of highways works44.
I919The appointment of any individual—
a to any office other than an office in which he is employed by the authority;
b to any body other than—
i the authority;
ii a joint committee of two or more authorities; or
c to any committee or sub-committee of such a body,
and the revocation of any such appointment.
20The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities.
21Any function of a local authority in their capacity as a harbour authority (to the extent that the function does not fall within paragraph 1 of this Schedule.
22Functions under sections 106, 110, 111 and 113 of the 2007 Act relating to local area agreements.

I18SCHEDULE 3 

FUNCTIONS NOT TO BE THE SOLE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 4(1)

(1)(2)
Plans and strategiesReference
Annual Library PlanSection 1(2) of the Public Libraries and Museums Act 1964 (c. 75).
Best Value Performance PlanSection 6(1) of the Local Government Act 1999 (c. 27)45.
Children and Young People’s Plan Children and Young People’s Plan (England) Regulations 2005.
F51. . .F80. . .
F11. . .F88. . .
Crime and Disorder Reduction StrategySections 5 and 6 of the Crime and Disorder Act 1998 (c. 37).
Documents which are to be or form part of minerals and waste plans, local plans and supplementary plans Part 2 of the 2004 Act.
F63. . .F71. . .
Licensing Authority Policy Statement section 349 of the 2005 Act.
F49. . .F97. . .
Local Transport Plan Section 108(3) of the Transport Act 2000 (c. 38).
F116. . .F117. . .
Sustainable Community Strategy Section 4 of the 2000 Act.
Youth Justice PlanSection 40 of the Crime and Disorder Act 1998 (c. 37).

I7SCHEDULE 4 

CIRCUMSTANCES IN WHICH FUNCTIONS ARE NOT TO BE THE RESPONSIBILITY OF AN AUTHORITY'S EXECUTIVE

Regulation 5(1)

(1)(2)
FunctionCircumstances
1 The adoption or approval of a plan or strategy (whether statutory or non-statutory), other than a plan or strategy of a description referred to in regulation 4(1)(b) or 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—
  1. is minded to determine the matter contrary to, or not wholly in accordance with—
    1. the authority’s budget; or
    2. the plan or strategy for the time being approved or adopted by the authority in relation to their borrowing or capital expenditure; and
  2. 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.

Footnotes

  1. I1
    Reg. 4 in force at 16.11.2000, see reg. 1(1)
  2. I2
    Sch. 2 para. 2 in force at 16.11.2000, see reg. 1(1)
  3. I3
    Reg. 3 in force at 16.11.2000, see reg. 1(1)
  4. F1
    Reg. 4(12)(13) inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), regs. 1(3), 2(a)(iv) (with reg. 1(4)(5))
  5. F2
    Words in reg. 1(3) inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 3(1)(a)
  6. F3
    Sch. 1 para. D item 16 omitted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(4)(c)
  7. F4
    Sch. 1 para. F cross-heading substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 2
  8. F5
    Words in Sch. 1 para. A item 10 inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 5(2)(b)
  9. F6
    Word in Sch. 1 para. A item 5 inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 5(2)(a)(ii)
  10. F7
    Sch. 1 para. B item 14AB inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(i)(j)
  11. I4
    Reg. 5 in force at 16.11.2000, see reg. 1(1)
  12. F8
    Words in Sch. 1 para. B item 14AA substituted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(3)(a)
  13. F9
    Words in Sch. 1 para. B item 9 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(d)
  14. I5
    Sch. 2 para. 14 in force at 16.11.2000, see reg. 1(1)
  15. F10
    Words in Sch. 1 para. D item 8 substituted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(4)(b)
  16. F11
    Words in Sch. 3 omitted (31.3.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 6(2)(a)
  17. F12
    Words in Sch. 1 para. B item 14A substituted (1.10.2013) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2013 (S.I. 2013/2190), regs. 1, 3(b)
  18. F13
    Words in reg. 4(4) substituted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(ii)
  19. F14
    Sch. 1 para. B item 14AC inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(k)(l)
  20. F15
    Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(b)
  21. F16
    Sch. 1 para. I item 30A inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 2(1)
  22. F17
    Words in Sch. 3 inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 6(2)(e)
  23. I6
    Sch. 2 para. 3 in force at 16.11.2000, see reg. 1(1)
  24. F18
    Sch. 1 para. B item 22 omitted (26.5.2015) by virtue of The Deregulation Act 2015 (Poisons and Explosives Precursors) (Consequential Amendments, Revocations and Transitional Provisions) Order 2015 (S.I. 2015/968), art. 1(3), Sch. para. 4
  25. F19
    Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(a)
  26. F20
    Sch. 1 para. I item 49 inserted (1.9.2001) by The Local Authorities (Alcohol Consumption in Designated Public Places) Regulations 2001 (S.I. 2001/2831), regs. 1(1), 10(2)
  27. F21
    Sch. 1 para. I item 52 inserted (28.11.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 6(c)(d)
  28. F22
    Sch. 1 para. B items 69, 70 inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), Sch. Pt. 1 para. 1 (with reg. 1(4)(5))
  29. F23
    Reg. 4(4)(a)(ia) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(iii)(cc)
  30. F24
    Words in reg. 2(6)(a)(i) inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 4(a)(i)
  31. F25
    Words in reg. 2(6)(a)(ii) inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 4(a)(ii)
  32. F26
    Sch. 1 para. B item 14AZA inserted (1.10.2013) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2013 (S.I. 2013/2190), regs. 1, 3(c)
  33. F27
    Sch. 1 para. I item 51 inserted (28.11.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 6(a)(b)
  34. F28
    Reg. 4(4A)-(4C) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(c)
  35. F29
    Word in reg. 4(4) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(i)
  36. F30
    Word in reg. 4(4)(a)(i) omitted (22.4.2005) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(iii)(cc)
  37. I7
    Sch. 4 in force at 16.11.2000, see reg. 1(1)
  38. I8
    Sch. 2 para. 7 in force at 16.11.2000, see reg. 1(1)
  39. F31
    Word in reg. 1(3) omitted (31.3.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 3(1)(b)
  40. F32
    Words in Sch. 1 para. A item 8 inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 5(2)(b)
  41. F33
    Reg. 4(3)(bb) inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), regs. 1(3), 2(a)(i) (with reg. 1(4)(5))
  42. F34
    Words in Sch. 1 para. B item 8 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(c)
  43. I9
    Sch. 2 para. 19 in force at 16.11.2000, see reg. 1(1)
  44. F35
    Words in Sch. 1 para. B item 6 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(a)
  45. F36
    Sch. 1 para. I items 44A, 44B inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 2(2)
  46. F37
    Words in Sch. 1 para. B item 11 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(f)
  47. F38
    Words in Sch. 1 para. B item 14A substituted (1.10.2013) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2013 (S.I. 2013/2190), regs. 1, 3(a)
  48. F39
    Word in reg. 4(4)(a) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(iii)(aa)
  49. I10
    Sch. 2 para. 8 in force at 16.11.2000, see reg. 1(1)
  50. F40
    Words in reg. 1(3) added (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), regs. 1(1), 2(2)
  51. I11
    Reg. 1 in force at 16.11.2000, see reg. 1(1)
  52. I12
    Reg. 2 in force at 16.11.2000, see reg. 1(1)
  53. F41
    Sch. 1 para. I substituted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), Sch. Pt. 1 para. 2 (with reg. 1(4)(5))
  54. F42
    Words in Sch. 1 para. B item 14D omitted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(3)(b)
  55. F43
    Words in Sch. 3 inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), reg. 1(3), Sch. Pt. 3 (with reg. 1(4)(5))
  56. F44
    Sch. 1 para. B item 72 inserted (28.11.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 4
  57. I13
    Sch. 2 para. 10 in force at 16.11.2000, see reg. 1(1)
  58. F45
    Words in reg. 1(3) inserted (1.7.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) (No.2) Regulations 2007 (S.I. 2007/1557), regs. 1(1), 2(2)(b)
  59. I14
    Sch. 2 para. 17 in force at 16.11.2000, see reg. 1(1)
  60. I15
    Sch. 2 para. 18 in force at 16.11.2000, see reg. 1(1)
  61. F46
    Sch. 1 para. B item 71 added (21.10.2002) by The Motor Salvage Operators Regulations 2002 (S.I. 2002/1916), regs. 1, 6
  62. F47
    Word in Sch. 1 para. A item 24 omitted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(2)(a)
  63. F48
    Sch. 1 para. I item 50 inserted (5.6.2008) by The Local Authorities (Alcohol Disorder Zones) Regulations 2008 (S.I. 2008/1430), regs. 1, 25
  64. F49
    Words in Sch. 3 omitted (1.4.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 2) Regulations 2008 (S.I. 2008/744), regs. 1(1), 2(2)(a)
  65. F50
    Word in reg. 1(3) omitted (1.7.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) (No.2) Regulations 2007 (S.I. 2007/1557), regs. 1(1), 2(2)(a)
  66. F51
    Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(c)
  67. F52
    Sch. 1 para. B items 46A, 47A inserted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 1 para. 1(2)
  68. F53
    Sch. 1 para. B item 14D inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(c)(d)
  69. F54
    Words in reg. 1(3) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(2)
  70. F55
    Sch. 1 para. EA omitted (28.11.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 5
  71. F56
    Words in Sch. 1 para. B item 10 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(e)
  72. I16
    Sch. 2 para. 15 in force at 16.11.2000, see reg. 1(1)
  73. I17
    Sch. 1 in force at 16.11.2000, see reg. 1(1)
  74. F57
    Sch. 1 para. A item 18A inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(4)(b)(c)
  75. F58
    Sch. 1 para. B item 14CA inserted (1.8.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(a), 2(3)(m)(n)
  76. F59
    Words in reg. 4(4)(a) substituted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(b)(iii)(bb)
  77. F60
    Word in reg. 4(3)(c) omitted (22.4.2005) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(a)
  78. F61
    Words in Sch. 1 para. A items 24-31 substituted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(2)(d)
  79. F62
    Reg. 2(7) substituted (28.11.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 3(b)
  80. F63
    Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(g)
  81. I18
    Sch. 3 in force at 16.11.2000, see reg. 1(1)
  82. I19
    Sch. 2 para. 16 in force at 16.11.2000, see reg. 1(1)
  83. F64
    Sch. 2 para. 22 inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 7(b)
  84. F65
    Sch. 1 para. A items 1-4 omitted (22.4.2005) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(4)(a)
  85. F66
    Sch. 2 paras. 20, 21 inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), reg. 1(3), Sch. Pt. 2 (with reg. 1(4)(5))
  86. F67
    Words in Sch. 3 inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(5)
  87. F68
    Sch. 1 para. B item 73 inserted (31.3.2024) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(9)(a), Sch. 22 para. 15 (with s. 247 Sch. 22 para. 18); S.I. 2024/389, reg. 2(u)
  88. F69
    Sch. 1 para. A substituted (28.9.2004) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2004 (S.I. 2004/2211), reg. 1(1), Sch.
  89. F70
    Reg. 2(6C)(6D) omitted (28.11.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 3(a)
  90. F71
    Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(h)
  91. F72
    Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(e)
  92. F73
    Words in Sch. 1 para. A item 26 substituted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(2)(b)(i)
  93. C1
    Reg. 2(1) modified (28.6.2008) by The Local Government (Structural and Boundary Changes) (Staffing) Regulations 2008 (S.I. 2008/1419), regs. 1, 4(4)
  94. C2
    Regulations modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 8(3) (with reg. 1(2)(3))
  95. F74
    Words in Sch. 1 para. A item 5 inserted (1.6.2018) by The Town and Country Planning (Permission in Principle) (Amendment) Order 2017 (S.I. 2017/1309), art. 1, Sch. 2 para. 5(2)(a)(i)
  96. F75
    Words in reg. 1(3) inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(2)
  97. F76
    Sch. 1 para. D items 18-22 inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 5(a)
  98. F77
    Reg. 4(1)(b) substituted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 6(1)
  99. F78
    Sch. 1 para. A item 25 omitted (1.10.2013) by virtue of The Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013 (S.I. 2013/2146), art. 1, Sch. para. 6(a) (with art. 4) (with transitional provisions in S.I. 2013/2148, art. 5(4))
  100. F79
    Sch. 1 para. H substituted (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 53
  101. F80
    Words in Sch. 3 omitted (21.4.2006) by virtue of The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(d)
  102. F81
    Sch. 1 para. A item 32 inserted (16.4.2017) by The Town and Country Planning (Brownfield Land Register) Regulations 2017 (S.I. 2017/403), regs. 1, 19(2)
  103. F82
    Words in Sch. 3 inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 6(2)(f)
  104. F83
    Sch. 1 para. B item 14AA inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(g)(h)
  105. F84
    Reg. 4(3)(ca) inserted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(a)
  106. F85
    Sch. 2 para. 9 omitted (1.4.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(b), 7(a)
  107. F86
    Sch. 1 para. B item 14C inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(a)(b)
  108. F87
    Words in Sch. 3 substituted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 3(f)
  109. F88
    Words in Sch. 3 omitted (31.3.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 6(2)(b)
  110. I20
    Sch. 2 para. 1 in force at 16.11.2000, see reg. 1(1)
  111. F89
    Words in Sch. 1 para. A item 26 substituted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(2)(b)(ii)
  112. F90
    Reg. 2(6A)-(6F) inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 4(b)
  113. F91
    Sch. 1 para. FA inserted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(5)
  114. F92
    Sch. 1 paras. EA, EB inserted (31.3.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 5(b)
  115. F93
    Sch. 1 para. B item FA omitted (2.10.2007) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(3)(c)
  116. I21
    Sch. 2 para. 12 in force at 16.11.2000, see reg. 1(1)
  117. F94
    Words in Sch. 1 para. A item 26 omitted (1.10.2013) by virtue of The Enterprise and Regulatory Reform Act 2013 (Abolition of Conservation Area Consent) (Consequential and Saving Provisions) (England) Order 2013 (S.I. 2013/2146), art. 1, Sch. para. 6(b) (with art. 4) (with transitional provisions in S.I. 2013/2148, art. 5(4))
  118. F95
    Word in Sch. 1 para. A item 28 substituted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(2)(c)
  119. F96
    Words in Sch. 1 para. D item 7 substituted (2.10.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 4) Regulations 2007 (S.I. 2007/2593), regs. 1(1), 2(4)(a)
  120. I22
    Sch. 2 para. 11 in force at 16.11.2000, see reg. 1(1)
  121. F97
    Words in Sch. 3 omitted (1.4.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 2) Regulations 2008 (S.I. 2008/744), regs. 1(1), 2(2)(b)
  122. F98
    Words in reg. 4(5)(a) inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), regs. 1(3), 2(a)(ii) (with reg. 1(4)(5))
  123. F99
    Sch. 1 para. B item 14G inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(p)(q)
  124. F100
    Sch. 1 para. B item 14E inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(e)(f)
  125. I23
    Sch. 2 para. 13 in force at 16.11.2000, see reg. 1(1)
  126. F101
    Words in reg. 1(3) inserted (31.3.2008) by virtue of The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008 (S.I. 2008/516), regs. 1(1)(a), 3(1)(c)
  127. F102
    Reg. 4(8)(b) substituted (22.4.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (No. 2) (England) Regulations 2005 (S.I. 2005/929), regs. 1(1), 2(3)(d)
  128. F103
    Sch. 2 paras. 4-6 substituted (23.11.2004) by The Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 (S.I. 2004/2748), reg. 1(1), Sch. Pt. 2
  129. F104
    Words in Sch. 1 para. B item 7 inserted (1.9.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2007 (S.I. 2007/1950), regs. 1(1)(b), 2(3)(b)
  130. F105
    Words in reg. 4(5)(b) inserted (10.7.2001) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2001 (S.I. 2001/2212), regs. 1(3), 2(a)(iii) (with reg. 1(4)(5))
  131. F106
    Sch. 1 para. B item 14B inserted (21.4.2006) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2006 (S.I. 2006/886), reg. 1(1), Sch. para. 1
  132. F107
    Sch. 1 para. B item 14F inserted (21.5.2007) by The Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2007 (S.I. 2007/1284), regs. 1(1), 2(2)(g)(h)
  133. F108
    Sch. 1 para. l item 47A inserted (1.6.2005) by The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2005 (S.I. 2005/714), regs. 1(1), 2
  134. F109
    Sch. 1 para. I item 53 inserted (28.11.2008) by The Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008 (S.I. 2008/2787), regs. 1(1), 6(e)(f)
  135. C3
    Reg. 2(1) modified (26.11.2018) by The Local Government (Boundary Changes) Regulations 2018 (S.I. 2018/1128), regs. 1(1), 11(3)(4) (with reg. 1(2)(3))
  136. F110
    Words in Sch. 1 para. B item 29 substituted (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 12(b)(i) (with reg. 27)
  137. F111
    Words in Sch. 1 para. B items 30, 31 omitted (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 12(a)(ii) (with reg. 27)
  138. F112
    Words in Sch. 1 para. B items 30, 31 omitted (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 12(b)(ii) (with reg. 27)
  139. F113
    Words in Sch. 1 para. B item 29 substituted (1.10.2018) by The Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 (S.I. 2018/486), reg. 1(1)(b), Sch. 9 para. 12(a)(i) (with reg. 27)
  140. C4
    Regulations continued (temp.) (25.3.2026) by The Levelling-up and Regeneration Act 2023 (Commencement No. 11 and Saving and Transitional Provisions) Regulations 2026 (S.I. 2026/169), reg. 1(3), Sch. 1
  141. F114
    Words in Sch. 3 substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(3)(a)
  142. F115
    Words in Sch. 3 substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(3)(b)
  143. F116
    Words in Sch. 3 omitted (25.3.2026) by virtue of The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(3)(c)
  144. F117
    Words in Sch. 3 omitted (25.3.2026) by virtue of The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(3)(d)
  145. F118
    Words in reg. 4(3)(ca) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(a)(i)
  146. F119
    Words in reg. 4(3)(ca) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(a)(ii)
  147. F120
    Words in reg. 4(4)(a)(ia) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(b)(i)
  148. F121
    Words in reg. 4(4)(a)(ia) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(b)(ii)
  149. F122
    Words in reg. 4(4A) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(c)
  150. F123
    Words in reg. 4(4C)(a) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(d)(i)
  151. F124
    Words in reg. 4(4C)(c) substituted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(d)(ii)
  152. F125
    Words in reg. 4(4C)(d) inserted (25.3.2026) by The Planning and Compulsory Purchase Act 2004 (Local Planning) (Modification and Consequential Amendments) (England) Regulations 2026 (S.I. 2026/170), regs. 1(2), 9(2)(d)(iii)
  153. 1
    2000 c. 22.
  154. 2
    1972 c. 70.
  155. 3
    1998 c. 31.
  156. 4
    1989 c. 42. Section 18 is amended by section 99(3) to (9) of the Local Government Act 2000.
  157. 5
    Section 173(4) was amended by the Local Government and Housing Act 1989 (c. 42), Schedule 11, paragraph 26. A relevant saving was made by article 3(2) of the Local Government and Housing Act 1989 (Commencement No. 11 and Savings) Order 1991 (S.I. 1991/344).
  158. 6
    The agreement is referred to in regulation 5(2)(e)(ii) of the Local Government (Committees and Political Groups) Regulations 1990 (S.I. 1990/1553).
  159. 7
    The agreement is referred to in regulation 5(2)(e)(iii) of the Local Government (Committees and Political Groups) Regulations 1990.
  160. 8
    1978 c. 30.
  161. 9
    See also regulation 5(2)(e)(i) of the Local Government (Committees and Political Groups) Regulation 1990 (S.I. 1990/1553).
  162. 10
    1993 c. 28, to which there are amendments not relevant to these Regulations.
  163. 11
    1985 c. 68. Relevant amendments, in subsection (3) of section 32 and subsection (1)(a) of section 43, were made by paragraph 3(a), (d) and (e) of the Schedule to S.I. 1997/74.
  164. 12
    1992 c. 14. Sections 52I, 52J, 52T and 52U were inserted by the Local Government Act 1999 (c. 27) Schedule 1, paragraph 1.
  165. 13
    To which there are amendments not relevant to these Regulations.
  166. 14
    To which there are amendments not relevant to these Regulations.
  167. 15
    Schedule 5ZA was inserted by S.I. 1995/3231, article 5(6).
  168. 16
    To which there are amendments not relevant to these Regulations.
  169. 17
    To which there are amendments not relevant to these Regulations.
  170. 18
    To which there are amendments not relevant to these Regulations.
  171. 19
    Amended by the Local Government Act 1972, section 204(6) and the Local Government, Planning and Land Act 1980, section 1(6), Schedule 6 paragraph 11 and Schedule 34, Pt VI.
  172. 20
    Amended by the Local Government Act 1974 (c. 7), Schedule 6, paragraph 1, section 18 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) and section 186 of the Local Government, Planning and Land Act 1980 (c. 65). Section 94(8) was substituted by the Deregulation (Public Health Acts Amendment Act) Order 1997 (S.I. 1997/1187).
  173. 21
    Amended by the Local Government Act 1972, section 204(9) and the London Local Authorities Act 1990 (c.vii), section 20.
  174. 22
    Amended by the Fire Safety and Safety of Places of Sport Act 1987 (c. 27). See, in particular, Part II of, and Schedule 2 to, that Act.
  175. 23
    Amended by the Local Government, Planning and Land Act 1980, Schedule 6, paragraph 6, and by section 3 of the Protection of Animals (Amendment) Act 1988.
  176. 24
    Section 46A was inserted by section 1 of the Marriage Act 1994 (c. 34).
  177. 25
    Amended by S.I. 1968/658.
  178. 26
    Amended by section 22 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).
  179. 27
    Amended by regulation 2 of the Meat Products (Hygiene) (Amendment) Regulations 1999 (S.I. 1999/683).
  180. 28
    Amended by S.I. 1996/1699.
  181. 29
    Schedule 1A was inserted by S.I. 2000/930.
  182. 30
    For the definition of “the relevant statutory provisions” see section 53(1) of the Health and Safety at Work etc. Act 1974. See also the definitions of “the existing statutory provisions” and “health and safety regulations” in section 53(1) and, as to “health and safety regulations”, section 15(1) of that Act which was substituted by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraph 5.
  183. 31
    Subsection (4) of section 52 was substituted by the Representation of the People Act 1985 (c. 50), Schedule 4.
  184. 32
    Section 14 of the Interpretation Act 1978 is applied to byelaws made under section 235 of the Local Government Act 1972 by section 22(1) of, and paragraph 3 of Part I of Schedule 2 to, the Interpretation Act 1978.
  185. 33
    As to section 7 see also section 99 of the Local Government Act 2000 (c. 22). Section 12 of the Superannuation Act 1972 is amended by section 10 of the Pensions (Miscellaneous Provisions) Act 1990 (c. 7).
  186. 34
    1998 c. 14. Section 34(4) replaces section 63(3) of the Social Security Administration Act 1992. The Council Tax Benefit Regulations 1992 (S.I. 1992/1814) and the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971), to which there are amendments not relevant to these Regulations, continue to have effect, by virtue of section 17(2)(b) of the Interpretation Act 1978 (c. 30), notwithstanding the repeal of section 63(3) of the Social Security Administration Act 1992.
  187. 35
    1996 c. 16.
  188. 36
    Part IIA of the Environmental Protection Act 1990 (c. 43) and subordinate legislation under that Part.
  189. 37
    See the Pollution Prevention and Control Act 1999 (c. 24), Part IV of the Environment Act 1995 (c. 25), Part I of the Environmental Protection Act 1990 (c. 43) and the Clean Air Act 1993 (c. 11).
  190. 38
    Section 80(1) of the Environmental Protection Act 1990.
  191. 39
    Section 8 of the Noise and Statutory Nuisance Act 1993 (c. 40).
  192. 40
    Section 79 of the Environmental Protection Act 1990.
  193. 41
    Section 79 of the Environmental Protection Act 1990.
  194. 42
    1990 c. 8.
  195. 43
    1976 c. 57.
  196. 44
    Section 278 of the Highways Act 1980 (c. 66), substituted by the New Roads and Street Works Act 1991 (c. 22), section 23.
  197. 45
    See the Local Government (Best Value) Performance Plans and Reviews Order 1999 (S.I. 1999/3251). Relevant guidance issued under section 6(4) of the Local Government Act 1999 may be found in Department of the Environment, Transport and the Regions Circular 10/99.