BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?

No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!



BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Instruments made by the National Assembly for Wales
You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2004 No. 3092
URL: http://www.bailii.org/wales/legis/num_reg/2004/20043092e.html

[New search] [Help]


2004 No. 3092 (W.266)

LOCAL GOVERNMENT, WALES

The Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2004

  Made 23 November 2004 
  Coming into force 24 November 2004 

The National Assembly for Wales makes the following regulations in exercise of the powers conferred on it by sections 32, 105 and 106 of the Local Government Act 2000[1].

Name, commencement and application
     1.  - (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.

Amendment of Regulations
     2. -  The Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2001[2] are amended  - 



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[3].


D. Elis-Thomas
The Presiding Officer of the National Assembly

23 November 2004



SCHEDULE 1
Regulation 2



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

At the end add:



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.


EXPLANATORY NOTE

(This note is not part of the Regulations)


Part II of the Local Government Act 2000 ("the 2000 Act") provides for the National Assembly for Wales to specify which local authorities may operate 'alternative arrangements' i.e. arrangements for the discharge of an authority's functions which do not involve the creation and operation of an executive in accordance with section 31(1)(b) and section 32(1) of the 2000 Act.

The Local Authority (Alternative Arrangements) (Wales) Regulations 2001 ("the 2001 Regulations") (as amended) permit all county and county borough councils in Wales to operate alternative arrangements provided that those arrangements are in the form required by the 2001 Regulations (as amended).

The 2001 Regulations specified functions that are not to be the responsibility of an authority's Board or are to be the responsibility of such a Board only to a limited extent or only in specified circumstances. In regulation 2 these regulations make changes to the 2001 Regulations in Schedule 1 by adding to the list of functions not to be the responsibility of an authority's Board, by adding to the list of functions in Schedule 2 which may (but need not) be the responsibility of an authority's Board and amending Schedule 3 by adding to functions not to be the sole responsibility of an authority's Board.

Notes:

 [1] 2000 c.22.back

[2] S.I. 2001/2284 (W.173) as amended by the Parent Governor Representatives and Church Representatives (Wales) Regulations 2001 S.I. 2001/3711 (W.307), the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2002 S.I. 2002/810 (W.90) and the Local Authorities (Alternative Arrangements) (Amendment) (Wales) Regulations 2003 S.I. 2003/155 (W.25).back

[3] 1998 c.38.back


Cymraeg (Welsh)


ISBN 0 11091033 8


  © Crown copyright 2004

Prepared 30 November 2004

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/wales/legis/num_reg/2004/20043092e.html