Citation, commencement and application

1. —(1) These Regulations may be cited as the Local Authorities (Arrangements for the Discharge of Functions) (England) (Amendment) Regulations 2001 and shall come into force on 1st January 2002.

(2) These Regulations apply to local authorities in England only.

Joint exercise of an executive’s functions

2. In regulation 11 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000( 2 ) (joint exercise of an executive’s functions)—

(a) after paragraph (2), there shall be inserted—

“ (2A) Where—

(a) arrangements are made under section 101(5) of the 1972 Act at the same time in relation to more than one function;

(b) at least one of those functions is one which is the responsibility of an executive of a local authority; and

(c) the arrangements in respect of each function are made on behalf of the same local authorities, regardless of who made the arrangements on behalf of each authority in respect of each function,

the arrangements may provide for one joint committee to discharge all the functions which are the subject of the arrangements on behalf of those authorities.

(2B) Subject to paragraph (2C), where the arrangements provide for the discharge of functions by a joint committee, the joint committee may be a new joint committee or an existing joint committee.

(2C) Arrangements made on behalf of particular local authorities may only provide for an existing joint committee to discharge functions on behalf of those authorities where each function, which the joint committee will discharge or will continue to discharge once the arrangements are made, is to be discharged on behalf of each of those authorities and not on behalf of any other authorities.

(2D) If a function, in relation to which arrangements have been made in accordance with paragraph (2)(b) with a local authority, is a function which becomes the responsibility of an executive of that local authority, the person who by virtue of regulation 3, 4 or 5 above has power to make arrangements under section 101(5) in accordance with this regulation shall take the action specified in paragraph (2E).

(2E) As soon as reasonably practicable after the executive becomes responsible for the function, the person shall—

(a) decide whether or not the function shall continue to be discharged in relation to the authority in accordance with the existing arrangements; and

(b) notify in writing all the other parties to the arrangements—

(i) that the executive of the local authority has become responsible for the function; and

(ii) what decision he has made under sub-paragraph (a).

(2F) Until the person decides whether or not the function shall continue to be discharged in accordance with the existing arrangements in relation to the authority, and notifies in writing that decision to all the other parties to the arrangements, the function shall be so discharged.

(2G) Where the person decides that the function shall continue to be discharged in accordance with the existing arrangements in relation to the authority, the function shall continue to be so discharged.

(2H) Where the person decides that the function shall not continue to be discharged in accordance with the existing arrangements in relation to the authority, the function shall cease to be so discharged in relation to the authority when the person has notified in writing that decision to all the other parties to the arrangements. ” ;

(b) for paragraph (3), there shall be substituted—

“ (3) Where arrangements provide for the discharge of functions by a joint committee and the functions to be discharged by that joint committee, in relation to an authority, are all the responsibility of the authority—

(a) appointment of the joint committee shall be made, under section 102(1)(b) of the 1972 Act ( 3 ) ; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, shall be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the authority.

(3A) Where arrangements provide for the discharge of functions by a joint committee and the functions to be discharged by that joint committee, in relation to an authority, are all the responsibility of the executive of the authority—

(a) appointment of the joint committee shall be made, under section 102(1)(b) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, shall be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the person who, by virtue of regulation 3, 4 or 5 above, has power to make arrangements under section 101(5) of the 1972 Act in accordance with this regulation.

(3B) Where arrangements provide for the discharge of functions by a joint committee and one or more, but not all, of the functions to be discharged by that joint committee, in relation to an authority, are the responsibility of the executive of the authority—

(a) appointment of the joint committee shall be made, under section 102(1)(b) of the 1972 Act; and

(b) the number of members to be appointed, their term of office, and the area (if restricted) within which the committee is to exercise its authority, shall be fixed, under section 102(2) of the 1972 Act,

in relation to the authority, by the authority with the agreement of the executive of that authority. ” ;

(c) in paragraph (5), after “subject of the arrangements”, there shall be inserted “and where the function in question is the responsibility of the executive of that authority”; and

(d) paragraph (6) shall be omitted.

Members of joint committees

3. In regulation 12 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000 (members of joint committees)—

(a) in paragraph (1), for “paragraphs (2) to (4)”, there shall be substituted “ paragraph (1A) and paragraphs (1D) to (4)”; and

(b) after paragraph (1), there shall be inserted—

“ (1A) Subject to paragraph (2), where—

(a) the joint committee is discharging a function in relation to five or more local authorities; or

(b) the function which the joint committee is discharging is a function which is required by statute to be discharged by a joint committee ( 4 ) ,

every person appointed to the joint committee in relation to an authority, in accordance with regulation 11, by the authority’s executive, a member of the executive or a committee of the executive shall be a member of that executive or of that authority, and the political balance requirements shall not apply to the appointment of such members.

(1B) A local authority may exercise the function under section 102(3) of the 1972 Act (appointment of persons who are not members of the authority) in relation to a joint committee where members of that committee are appointed by the local authority under section 102(1)(b) of the 1972 Act in accordance with paragraph (3) or (3B) of regulation 11.

(1C) Where arrangements provide for the discharge of functions by a joint committee and one or more, but not all, of the functions to be discharged by that joint committee, in relation to an authority, are the responsibility of the executive of the authority—

(a) where only one member of the authority is a member of the joint committee, that person may be, but need not be, a member of the executive of the authority; and

(b) where more than one member of the authority is a member of the joint committee, at least one member of the executive of the authority shall be a member of the joint committee.

(1D) Where—

(a) arrangements provide for the discharge of functions by a joint committee;

(b) the functions to be discharged by that joint committee, in relation to an authority, are all the responsibility of the executive of the authority; and

(c) the joint committee previously discharged one or more functions in relation to the local authority which were not the responsibility of the executive of the authority,

paragraph (1E) shall apply.

(1E) Where this paragraph applies—

(a) if sub-paragraph (a) or (b) of paragraph (1A) applies, any member of the joint committee, who was appointed by the local authority and is not a member of the authority or of the executive of the authority, shall cease to be a member of the joint committee;

(b) if neither sub-paragraph (a) nor (b) of paragraph (1A) applies, any member of the joint committee, who was appointed by the local authority and is not a member of the executive of the authority, shall cease to be a member of the joint committee; and

(c) any other member of the joint committee, who was appointed by the local authority, shall be treated as if he had been appointed by the person who, by virtue of regulation 3, 4 or 5 above, has power to make arrangements under section 101(5) of the 1972 Act in accordance with regulation 11. ” .