Contents
1Name, commencement and application#
(1)These Regulations are called the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2004 and come into force on 24 November 2004.
(2)The Regulations apply to Wales only.
2Amendment of Regulations#
The Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2001 are amended —
(a)in regulation 2, (in paragraph (i)) of the definition of “area committee” delete “with delegated powers to exercise some or all of the functions in part A of Schedule 1”;
(b)in sub-paragraph (2)(b) of regulation 4 insert at the end “and sub committees”;
(c)in paragraph (2)(a) of regulation 8 at the end delete “and” and insert “or”;
(d)in sub-paragraph (9)(a) of regulation 10 insert at the beginning —“• subject to the provisions in respect of calculation of council tax base in paragraph 22 of Schedule 2”
(e)in paragraph (1) of regulation 14 after “responsibility” insert —“• of the local authority (other than those which must be discharged only by an authority as a whole) or”
(f)in Schedule 1 (Functions not to be the responsibility of an authority’s Board) in accordance with Part 1 of the Schedule to these Regulations;
(g)in Schedule 2 (Functions which may (but need not be) the responsibility of an authority’s Board) in accordance with Part 2 of the Schedule to these Regulations;
(h)in Schedule 3 (Functions not to be the sole responsibility of an authority’s Board) in accordance with Part 3 of the Schedule to these Regulations.
Schedule 1
Part 1 · Schedule 1 Amendments
(1)In Part B insert after paragraph 66:
| Function | Provision of Act or Statutory Instrument |
|---|---|
| 67 Functions in respect of establishing a Licensing Committee. | Sections 6 of the Licensing Act 2003 (c. 17). |
(2)In Part I:
(1)delete paragraphs 18 and 19; and
(2)insert after paragraph 17:
| Functions | Provision of Act or Statutory Instrument |
|---|---|
| 18 Powers in respect of registration of motor salvage operators. | Part1 of the Vehicles (Crime) Act 2001 (c. 3). |
| 19 Power to appoint officers for particular purposes (appointment of “proper officers”). | Section 270(3) of the Local Government Act 1972. |
| 20 Duty to designate an 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). |
| 21 Duty to designate an officer as the monitoring officer, and to provide staff, etc. | Section 5(1) of the Local Government and Housing Act 1989. |
| 22 Duty to determine affordable borrowing limit. | Section 3 of the Local Government Act 2003 (c. 22). |
| 23 Approval of annual investment strategy in accordance with guidance. | Section 15 of the Local Government Act 2003. |
| 24 Duty to make arrangements for proper administration of financial affairs. | Section 151 of the Local Government Act 1972 (c. 11). |
Part 2 · Schedule 2 Amendments
Part 3 · Schedule 3 Amendments
(1)In column (2) of the paragraph relating to the Local Transport Plan delete “92” and insert “108”.
(2)Delete the entry relating to Food Law Enforcement Service Plan.
(3)At the end add:
| (1) Plans and Strategies | (2) Reference |
|---|---|
| Powers to approve Young Peoples Partnership Strategic Plans and a Children and Young Peoples Framework Partnership. | Sections 123, 124 and 125 of the Learning and Skills Act 2000. |
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