The Local Government (Structural Changes) (Transitional Arrangements) Regulations 2008

PART 2RESPONSIBILITY FOR FUNCTIONS

Continuity

3.—(1) Anything which is in the process of being done by or in relation to a predecessor council—

(a)immediately before the beginning of the transitional period;

(b)in the exercise of, or in connection with, any function which is to be exercised by the preparing or shadow council by virtue of these Regulations,

may be continued by or in relation to the successor council.

(2) Anything done by or in relation to a predecessor council in the exercise of, or in connection with, any function which is to be exercised by the preparing or shadow council by virtue of these Regulations shall have effect as if done by or in relation to the successor council.

Responsibility for functions exercised by a shadow council

4.—(1) This regulation applies to a shadow council whose shadow executive is appointed by, or nominated in accordance with, a section 7 order.

(2) Any function which is to be exercised by the shadow council by virtue of these Regulations shall be the responsibility of its shadow executive notwithstanding any other enactment by virtue of which the function—

(a)would not be the responsibility of its executive; or

(b)may, but need not, be the responsibility of its executive.

Responsibility for functions exercised by a preparing council

5.—(1) This regulation applies to a preparing council for which there is an Implementation Executive.

(2) Any function which is to be exercised by the preparing council by virtue of these Regulations shall be a transitional function for the purposes of the section 7 order which establishes that council’s executive (and accordingly the responsibility of the Implementation Executive) notwithstanding any other enactment by virtue of which the function—

(a)would not be the responsibility of its executive; or

(b)may, but need not, be the responsibility of its executive.

Modification of the 2000 Regulations

6.  In relation to the exercise of functions by a council to which regulation 4 or 5 applies, the 2000 Regulations (which make provision as to functions which are not, or need not be, the responsibility of an executive) shall have effect subject to the modifications specified in the Schedule to these Regulations.