PART 3-A Paragraph 5.0
RESPONSIBILITY FOR LOCAL CHOICE FUNCTIONS
Allocation of local choice functions
Schedule 2 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (“the 2000 Regulations”) makes provision for certain functions, known as “local choice functions” to be either executive or non-executive functions. The Council has determined that the responsibilities shall be allocated as follows:
|
Local Choice Functions |
Statutory Provision |
Allocation |
|
|
1. |
Any function under a Local Act not specified or referred to in Regulation 2 or Schedule 1 of the Functions Regulations |
Relevant Local Act |
Executive |
|
2 |
Determining any appeal against any decision made by or on behalf of the Council |
Schedule 2 SI 2000/2853 |
Council |
|
5 |
Arrangements in relation to appeals against the exclusion of pupils from maintained schools. |
Education Act 2002/relevant regulations
|
Council |
|
6 |
Arrangements in relation to appeals in relation to school admissions |
School Standards and Framework Act 1998 |
Council |
|
7 |
Arrangements in relation to appeals by school governing bodies
|
School Standards and Framework Act 1998 |
Council |
|
8. |
Any function relating to contaminated land |
Environmental Protection Act 1990 Part IIA |
Executive |
|
9 |
Any function relating to the control of pollution or management of air quality
|
Environmental Protection Act 1990 Environment Act 1985 |
Executive |
|
10. |
Service of an abatement notice in respect of statutory nuisance |
Environmental Protection Act 1990 S80 |
Executive |
|
11. |
Resolution applying Schedule 2 to the Noise & Statutory Nuisance Act 1993 |
S8 Noise & Statutory Nuisance Act 1993 |
Executive |
|
12. |
Obtaining information as to interests in land and as to particulars of persons interested in land |
S330 Town & Country Planning Act 1990/ S16 Local Government (Miscellaneous Provisions) Act 1976
|
Executive |
|
13. |
Entering into agreements for the execution of highway works
|
S278 Highways Act 1980 |
Executive |
|
14. |
Appointments of Councillors to a Police and Crime Panel.
|
Police Reform and Social Responsibility Act 2011 Sch.6 |
Council |
|
15. |
The appointment of any individual— a. to any office other than an office in which they are employed by the authority;
b. to any body other than—
i.the authority; ii. a joint committee of two or more authorities; or( iii. to any committee or sub-committee of such a body, and the revocation of any such appointment.
|
|
Council for non executive appointments/ Executive where connected with Executive functions |
|
16. |
Making arrangements to place staff at the disposal of another authority |
S113 Local Government Act 1972 |
Executive |