Citation, commencement, application and interpretation

1. —(1) These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (England) (Amendment No. 3) Regulations 2008, and shall come into force on 28th November 2008.

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

(3) In these Regulations, “the 2000 Regulations” means the Local Authorities (Functions and Responsibilities) (England) Regulations 2000( 2 ).

Amendment

2. The 2000 Regulations are amended as follows.

3. In regulation 2 (functions not to be the responsibility of an authority’s executive)—

(a) omit paragraph (6C) and (6D);

(b) for paragraph (7), substitute—

“ (7)Section 101 (arrangements for discharge of functions by local authorities) of the 1972 Act shall not apply with respect to the discharge of any function mentioned in paragraph (5), (6)(a) to (c) or (6A), (6B), (6E) or (6F). ” .

4. In paragraph B (licensing and registration functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive)—

(a) in column (1), after item 71 insert—

“ 72. Functions relating to the registration of common land and town or village greens. ” ; and

(b) in column (2), in relation to the entry in column (1) for item 72 insert—

“ Part 1 of the Commons Act 2006 (c.26) and the Commons Registration (England) Regulations 2008 ( S.I. 2008/1961 ). ” ( 3 ).

5. Omit paragraph EA (functions relating to changing governance arrangements) of Schedule 1 (functions not to be the responsibility of an authority’s executive).

6. In paragraph I (miscellaneous functions) of Schedule 1 (functions not to be the responsibility of an authority’s executive)—

(a) in column (1), after item 50 insert—

“ 51. Power to apply for an enforcement order against unlawful works on common land. ” ;

(b) in column (2), in relation to the entry in column (1) for item 51 insert—

“ Section 41 of the Commons Act 2006. ” ;

(c) in column (1), after item 51 insert—

“ 52. Power to protect unclaimed registered common land and unclaimed town or village greens against unlawful interference. ” ;

(d) in column (2), in relation to the entry in column (1) for item 52 insert—

“ Section 45(2)(a) of the Commons Act 2006. ” ;

(e) in column (1), after item 52 insert—

“ 53. Power to institute proceedings for offences in respect of unclaimed registered common land and unclaimed town or village greens. ” ; and

(f) in column (2), in relation to the entry in column (1) for item 53 insert—

“ Section 45(2)(b) of the Commons Act 2006. ” .

Revocation

7. In regulation 4 (functions not to be the responsibility of an authority’s executive) of the Local Authorities (Functions and Responsibilities) (England) (Amendment) Regulations 2008( 4 )—

(a) paragraph (b) is revoked in so far as it inserts paragraphs (6C) and (6D) into regulation 2 (functions not to be the responsibility of an authority’s executive) of the 2000 Regulations; and

(b) paragraph (c) is revoked.