Search Legislation

The Local Authorities (Alternative Arrangements) (Wales) Regulations 2007

 Help about what version

What Version

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Functions which are not to be the sole responsibility of an authority’s Board

12.—(1) In connection with the discharge of the function of —

(a)formulating or preparing a plan, scheme or strategy of a description specified in column (1) of Schedule 3 to these Regulations;

(b)formulating a plan, scheme or strategy for the control of the authority’s borrowing or capital expenditure; or

(c)formulating or preparing any other plan, scheme or strategy whose adoption or approval is, by virtue of regulation 13(1), a matter for determination by the authority;

the actions designated by paragraph (3) (“the designated actions”) are not the responsibility of the Board of the authority.

(2) Subject as provided in paragraph (1) the functions mentioned in that paragraph are the responsibility of the Board.

(3) The designated actions are —

(a)the giving of instructions requiring the Board to reconsider any draft plan, scheme or strategy submitted by the Board for the authority’s consideration;

(b)the amendment of any draft plan, scheme or strategy submitted by the Board for the authority’s consideration;

(c)the approval, for the purpose of its submission to the National Assembly for Wales or any Minister of the Crown for approval of any plan, scheme or strategy (whether or not in the form of a draft) of which any part is required to be so submitted;

(d)the adoption (with or without modification) of the plan, scheme or strategy.

(4) The function of amending, modifying, varying or revoking any plan, scheme 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)is the responsibility of the Board of the authority to the extent that the making of the amendment, modification, variation or revocation —

(i)is required for giving effect to requirements of the National Assembly for Wales or a Minister of the Crown in relation to a plan, scheme or strategy submitted for approval or to any part so submitted; or

(ii)is authorised by a determination made by the authority when making the arrangements or approving or adopting the plan, scheme or strategy, as the case may be; but

(b)is not the responsibility of the Board to any other extent.

(5) Except to the extent mentioned in paragraph (6), the function of making an application —

(a)under subsection (5) of section 135 of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals)(1); or

(b)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 1985(2),

is the responsibility of the Board 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), is not the responsibility of the Board of the authority.

(8) Section 101 of the 1972 Act does not apply with respect to the discharge —

(a)of a function specified in paragraph (1) to the extent that, by virtue of that paragraph, it is not the responsibility of the Board of the authority;

(b)of the functions specified in paragraphs (4) and (5) to the extent that they are not the responsibility of the Board of the authority.

(9) In connection with the discharge of the function of—

(a)subject to the provisions in respect of calculation of council tax base in paragraph 22 of Schedule 2, making a calculation in accordance with any of sections 32 to 37, 43 to 51, 52I, 52J, 52T and 52U of the Local Government Finance Act 1992(3), whether originally or by way of substitute; or

(b)issuing a precept under Chapter IV of Part 1 of that Act,

the actions designated by paragraph (11) (“the designated actions”) are the responsibility of the Board of the authority.

(10) Subject as provided in paragraph (9), the function mentioned in that paragraph is not the responsibility of the Board.

(11) The designated actions 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;

(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.

(1)

1993 c. 28, to which there are amendments not relevant to these Regulations.

(2)

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.

(3)

1992 c. 14; sections 52I, 52J, 52T and 52U were inserted by the Local Government Act 1999 (c. 27) Schedule 1, paragraph 1.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.

Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources