Appendix 3 - Functions Not To Be The Responsibility Of The Executive

1. Power to issue licences authorising the use of land as a caravan site ("site licences").

Section 3(3) of the Caravan Sites and Control of Development Act 1960 (c. 62).

2. Power to license the use of moveable dwellings and camping sites.

Section 269(1) of the Public Health Act 1936 (c.49).

3. Power to license hackney carriages and private hire vehicles.

(a) as to hackney carriages, the Town Police Clauses Act 1847 (10 & 11 Vict. c. 89), as extended by Section 171 of the Public Health Act 1875 (38 & 39 Vict. c. 55), and Section 15 of the Transport Act 1985 (c. 67); and Sections 47, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57);

(b) as to private hire vehicles, Sections 48, 57, 58, 60 and 79 of the Local Government (Miscellaneous Provisions) Act 1976

4. Power to license drivers of hackney carriages and private hire vehicles.

Sections 51, 53, 54, 59, 61 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

5. Power to license operators of hackney carriages and private hire vehicles.

Sections 55 to 58, 62 and 79 of the Local Government (Miscellaneous Provisions) Act 1976.

6. Power to register pool promoters.

Schedule 2 to the Betting, Gaming and Lotteries Act 1963 (c. 2)^(a) as saved for certain purposes by article 3(3)(c) of the Gambling Act Order.

7. Power to grant track betting licences.

Schedule 3 to the Betting, Gaming and Lotteries Act 1963^(a) as saved for certain purposes by article 3(3)(d) and (4) of the Gambling Act Order.

8. Power to license inter-track betting schemes.

Schedules 5ZA to the Betting, Gaming and Lotteries Act 1963^(b) as saved for certain purposes by article 3(3)(e) of the Gambling Act Order.

9. Power to grant permits in respect of premises with amusement machines.

Schedule 9 to the Gaming Act 1968 (c. 65)^(a) as saved for certain purposes by article 4(2)(l) and (m) of the Gambling Act Order.

10. Power to register societies wishing to promote lotteries.

Schedule 1 to the Lotteries and Amusements Act 1976 (c. 32)^(c) as saved for certain purposes by article 5(2)(a) and (3) of the Gambling Act Order.

11. Power to grant permits in respect of premises where amusements with prizes are provided.

Schedule 3 to the Lotteries and Amusements Act 1976^(c) as saved for certain purposes by article 5(2)(d) and (5) of the Gambling Act Order.

12. Power to issue cinema and cinema club licences.

Section 1 of the Cinema Act 1985 (c. 13).

13. Power to issue theatre licences.

Sections 12 to 14 of the Theatres Act 1968 (c. 54)^(d).

14. Power to issue entertainments licences

Section 12 of the Children and Young Persons Act 1933 (c. 12), Section 52 of, and Schedule 12 to, the London Government Act 1963 (c. 33), Section 79 of the Licensing Act 1964 (c. 26), Sections 1 to 5 and 7 of, and Parts I and II of the Schedule to, the Private Places of Entertainment (Licensing) Act 1967 (c. 19) and Part I of, and Schedules 1 and 2 to, the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

14A. Function relating to Licensing.

Sections 5 to 8 of the Licensing Act 2003 (c. 17).

14B. Power to resolve not to issue a Casino Premises Licence

Section 166 of the 2005 Act.

15. Power to license sex shops and sex cinemas.

The Local Government (Miscellaneous Provisions) Act 1982, Section 2 and Schedule 3.

16. Power to license performances of hypnotism.

The Hypnotism Act 1952 (c. 46).

17. Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.

Sections 13 to 17 of the Local Government (Miscellaneous Provisions) Act 1982.

18. Power to license pleasure boats and pleasure vessels.

Section 94 of the Public Health Acts Amendment Act 1907 (c. 53)^(e).

19. Power to register door staff.

Paragraphs 1(2) and 9 of Schedule 12 to the London Government Act 1963 (c. 33) and Part V of the London Local Authorities Act 1995 (c. x).

20. Power to license market and street trading.

Part III of, and Schedule 4 to, the Local Government (Miscellaneous Provisions) Act 1982, Part III of the London Local Authorities Act 1990 (c. vii) and Section 6 of the London Local Authorities Act 1994 (c. xii).

21. Power to license night cafes and take-away food shops.

Section 2 of the Late Night Refreshment Houses Act 1969 (c. 53)^(f), Part II of the London Local Authorities Act 1990 and Section 5 of the London Local Authorities Act 1994.

22. Duty to keep list of persons entitled to sell non-medicinal poisons.

Sections 3(1)(b)(ii), 5, 6 and 11 of the Poisons Act 1972 (c. 66)^(g).

23. Power to license dealers in game and the killing and selling of game.

Sections 5, 6, 17, 18 and 21 to 23 of the Game Act 1831 (c. 32); Sections 2 to 16 of the Game Licensing Act 1860 (c. 90), Section 4 of the Customs and Inland Revenue Act 1883 (c. 10), Sections 12(3) and 27 of the Local Government Act 1874 (c. 73), and Section 213 of the Local Government Act 1972 (c. 70).

24. Power of register and license premises for the preparation of food.

Section 19 of the Food Safety Act 1990 (c. 16).

25. Power to license scrap yards.

Section 1 of the Scrap Metal Dealers Act 1964 (c. 69).

26. Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.

The Safety of Sports Grounds Act 1975 (c. 52)^(h).

27. Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.

Part III of the Fire Safety and Safety of Places of Sport Act 1987 (c. 27).

28. Power to issue fire certificates.

Section 5 of the Fire Precautions Act 1971 (c.40).

29. Power to license premises for the breeding of dogs.

Section 1 of the Breeding of Dogs Act 1973 (c. 60) and Section 1 of the Breeding and Sale of Dogs (Welfare) Act 1999 (c. 11).

30. Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.

Section 1 of the Pet Animals Act 1951 (c. 35)⁽ⁱ⁾; Section 1 of the Animal Boarding Establishments Act 1963(c. 43)^(j); the Riding Establishments Acts 1964 and 1970 (1964 c. 70 and 1970 c. 70^(k); Section 1 of the Breeding of Dogs Act 1973 (c. 60)^(l), and Sections 1 and 8 of the Breeding and Sale of Dogs (Welfare) Act 1999 .

31. Power to register animal trainers and exhibitors.

Section 1 of the Performing Animals (Regulation) Act 1925 (c. 38)^(m).

32. Power to license zoos.

Section 1 of the Zoo Licensing Act 1981 (c. 37)⁽ⁿ⁾.

33. Power to license dangerous wild animals.

Section 1 of the Dangerous Wild Animals Act 1976 (c. 38).

34. Power to license knackers' yards.

Section 4 of the Slaughterhouses Act 1974. See also the Animal By-Products Order 1999 (S.I. 1999/646).

35. Power to license the employment of children.

Part II of the Children and Young Persons Act 1933 (c. 33), byelaws made under that Part, and Part II of the Children and Young Persons Act 1963 (c. 37).

36. Power to approve premises for the solemnisation of marriages.

Section 46A of the Marriage Act 1949 (c. 76) and the Marriages (Approved Premises) Regulations 1995 (S. I. 1995/510)^(o).

37. Power to register common land or town or village greens, except where the power is exercisable solely for the purpose of giving effect to - -

(a) an exchange of lands effected by an order under Section 19(3) of, or paragraph 6(4) of Schedule 3 to, the Acquisition of Land Act 1981 (c. 67) or

(b) an order under Section 147 of the Inclosure Act 1845 (c. 8 & 9 Vict. c. 118).

Regulation 6 of the Commons Registration (New Land) Regulations 1969 (S.I. 1969/1843).

38. Power to register variation of rights of common.

Regulation 29 of the Commons Registration (General) Regulations 1966 (S.I. 1966/1471)^(p)

39. Power to license persons to collect for charitable and other causes.

Section 5 of the Police, Factories etc. (Miscellaneous Provisions) Act 1916 (c. 31) and Section 2 of the House to House Collections Act 1939 (c. 44)^(q)

40. Power to grant consent for the operation of a loudspeaker.

Schedule 2 to the Noise and Statutory Nuisance Act 1993 (c. 40).

41. Power to grant a street works licence.

Section 50 of the New Roads and Street Works Act 1991 (c. 22).

42. Power to license agencies for the supply of nurses.

Section 2 of the Nurses Agencies Act 1957 (c. 16).

43. Power to issue licences for the movement of pigs.

Article 12 of the Pigs (Records, Identification and Movement) Order 1995 (S.I. 1995/11).

44. Power to license the sale of pigs.

Article 13 of the Pigs (Records, Identification and Movement) Order 1995.

45. Power to license collecting centres for the movement of pigs.

Article 14 of the Pigs (Records, Identification and Movement) Order 1995.

46. Power to issue a licence to move cattle from a market.

Article 5(2) of the Cattle Identification Regulations 1998 (S.I. 1998/871).

46A.Power to grant permission for provision, etc of services, amenities, recreation and refreshment facilities on highway, and related powers.

Sections 115E, 115F and 115K of the Highways Act 1980.

47. Power to permit deposit of builder's skip on highway.

Section 139 of the Highways Act 1980 (c. 66).

47A.Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.

Section 115G of the Highways Act 1980

48. Power to license planting, retention and maintenance of trees etc. in part of highway.

Section 142 of the Highways Act 1980.

49. Power to authorise erection of stiles etc. on footpaths or bridleways.

Section 147 of the Highways Act 1980.

50. Power to license works in relation to buildings etc. which obstruct the highway.

Section 169 of the Highways Act 1980.

51. Power to consent to temporary deposits or excavations in streets.

Section 171 of the Highways Act 1980.

52. Power to dispense with obligation to erect hoarding or fence.

Section 172 of the Highways Act 1980.

53. Power to restrict the placing of rails, beams etc. over highways.

Section 178 of the Highways Act 1980.

54. Power to consent to construction of cellars etc. under street.

Section 179 of the Highways Act 1980^(r).

55. Power to consent to the making of openings into cellars etc. under streets, and pavement lights and ventilators.

Section 180 of the Highways Act 1980.

56. Power to sanction use of parts of buildings for storage of celluloid.

Section 1 of the Celluloid and Cinematograph Film Act 1922 (c. 35).

57. Power to approve meat product premises.

Regulations 4 and 5 of the Meat Products (Hygiene) Regulations 1994 (S.I. 1994/3082)^(s)

58. Power to approve premises for the production of minced meat or meat preparations.

Regulation 4 of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995 (S.I. 1995/3205).

59. Power to approve dairy establishments.

Regulations 6 and 7 of the Dairy Products (Hygiene) Regulations 1995 (S.I. 1995/1086)^(t).

60. Power to approve egg product establishments.

Regulation 5 of the Egg Products Regulations 1993 (S.I. 1993/1520).

61. Power to issue licences to retail butchers' shops carrying out commercial operations in relation to unwrapped raw meat and selling or supplying both raw meat and ready-to-eat foods.

Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (S.I. 1995/1763)^(u)

62. Power to approve fish products premises.

Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 (S.I. 1998/994).

63. Power to approve dispatch or purification centres.

Regulation 11 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

64. Power to register fishing vessels on board which shrimps or molluscs are cooked

Regulation 21 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

65. Power to approve factory vessels and fishery product establishments.

Regulation 24 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

66. Power to register auction and wholesale markets.

Regulation 26 of the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998.

67. Duty to keep register of food business premises.

Regulation 5 of the Food Premises (Registration) Regulations 1991 (S.I. 1991/2828).

68. Power to register food business premises.

Regulation 9 of the Food Premises (Registration) Regulations 1991.

Functions under any of the "relevant statutory provisions" within the meaning of Part I (health, safety and welfare in connection with work, and control of dangerous substances) of the Health and Safety at Work etc. Act 1974, to the extent that those functions are discharged otherwise than in the authority's capacity as an employer.

Part I of the Health and Safety at Work etc. Act 1974 (c. 37)^(a)

1. Duty to appoint an electoral registration Officer.

Section 8(2) of the Representation of the People Act 1983 (c. 2)^(a)

2. Power to assign Officers in relation to requisitions of the registration officer.

Section 52(4) of the Representation of the People Act 1983.

3. Functions in relation to parishes and parish councils.

Part II of the Local Government and Rating Act 1997 (c. 29) and subordinate legislation under that Part.

4. Power to dissolve small parish councils.

Section 10 of the Local Government Act 1972.

5. Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.

Section 11 of the Local Government Act 1972.

6. Duty to appoint Returning Officer for local government elections.

Section 35 of the Representation of the People Act 1983.

7. Duty to provide assistance at European Parliamentary elections.

Section 6(7) and (8) of the European Parliamentary Elections Act 2002 (c. 24).

8. Duty to divide constituency into polling districts.

Sections 18A to 18E of, and Schedule A1 to, the Representation of the People Act 1983.

9. Power to divide electoral divisions into polling districts at local government elections.

Section 31 of the Representation of the People Act 1983.

10. Powers in respect of holding of elections.

Section 39(4) of the Representation of the People Act 1983.

11. Power to pay expenses properly incurred by electoral registration officers.

Section 54 of the Representation of the People Act 1983.

12. Power to fill vacancies in the event of insufficient nominations.

Section 21 of the Representation of the People Act 1985.

13. Duty to declare vacancy in office in certain cases.

Section 86 of the Local Government Act 1972.

14. Duty to give public notice of a casual vacancy.

Section 87 of the Local Government Act 1972.

15. Power to make temporary appointments to parish councils.

Section 91 of the Local Government Act 1972.

17. Power to submit proposals to the Secretary of State for an order under Section 10 (pilot schemes for local elections in England and Wales) of the Representation of the People Act 2000.

Section 10 of the Representation of the People Act 2000 (c. 2).

1. Power to change the name of a county, district or London borough.

Section 74 of the Local Government Act 1972.

2. Power to change the name of a parish.

Section 75 of the Local Government Act 1972.

3. Power to confer title of honorary alderman or to admit to be an honorary freeman.

Section 249 of the Local Government Act 1972.

4. Power to petition for a charter to confer borough status.

Section 245b of the Local Government Act 1972.

Paragraphs 13, 15 and 16 of Schedule 1 to the 2006 Act.

1. Functions relating to local government pensions, etc.

Regulations under Section 7, 12 or 24 of the Superannuation Act 1972 (c. 11)^(a).

2. Functions under the Fire-fighters’ Pension Scheme relating to pensions, etc. as respects persons employed by Fire and Rescue Authorities pursuant to Section 1 of the Fire and Rescue Services Act 2004.

Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21).

1. Power to create footpath, bridleway or restricted byway by agreement.

Section 25 of the Highways Act 1980 (c. 60).

2. Power to create footpaths, bridleways and restricted byways.

Section 26 of the Highways Act 1980.

3. Duty to keep register of information with respect to maps, statements and declarations.

Section 31A of the Highways Act 1980.

4. Power to stop up footpaths, bridleways and restricted byways.

Section 118 of the Highways Act 1980.

5. Power to determine application for public path extinguishment order.

Sections 118ZA and 118C(2) of the Highways Act 1980.

6. Power to make a rail crossing extinguishment order.

Section 118A of the Highways Act 1980.

7. Power to make a special extinguishment order.

Section 118B of the Highways Act 1980.

8. Power to divert footpaths, bridleways and restricted byways.

Section 119 of the Highways Act 1980.

9. Power to make a public path diversion order.

Sections 119ZA and 119C(4) of the Highways Act 1980.

10. Power to make a rail crossing diversion order.

Section 119A of the Highways Act 1980.

11. Power to make a special diversion order.

Section 119B of the Highways Act 1980.

12. Power to require applicant for order to enter into agreement.

Section 119C(3) of the Highways Act 1980.

13. Power to make an SSSI diversion order.

Section 119D of the Highways Act 1980.

14. Duty to keep register with respect to applications under Sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.

Section 121B of the Highways Act 1980.

15. Power to decline to determine certain applications.

Section 121C of the Highways Act 1980.

16. Duty to assert and protect the rights of the public to use and enjoyment of highways.

Section 130 of the Highways Act 1980.

17. Duty to serve notice of proposed action in relation to obstruction.

Section 130A of the Highways Act 1980.

18. Power to apply for variation of order under Section 130B of the Highways Act 1980.

Section 130B(7) of the Highways Act 1980.

19. Power to authorise temporary disturbance of surface of footpath, bridleway and restricted byway.

Section 135 of the Highways Act 1980.

20. Power temporarily to divert footpath, bridleway or restricted byway.

Section 135A of the Highways Act 1980.

21. Functions relating to the making good of damage and the removal of obstructions.

Section 135B of the Highways Act 1980.

22. Powers relating to the removal of things so deposited on highways as to be a nuisance.

Section 149 of the Highways Act 1980.

23. Power to extinguish certain public rights of way.

Section 32 of the Acquisition of Land Act 1981 (c. 67).

24. Duty to keep definitive map and statement under review.

Section 53 of the Wildlife and Countryside Act 1981 (c. 69).

25. Power to include modifications in other orders.

Section 53A of the Wildlife and Countryside Act 1981.

26. Duty to keep register of prescribed information with respect to applications under Section 53(5) of the Wildlife and Countryside Act 1981.

Section 53B of the Wildlife and Countryside Act 1981.

27. Duty to reclassify roads used as public paths.

Section 54 of the Wildlife and Countryside Act 1981.

28. Power to prepare map and statement by way of consolidation of definitive map and statement.

Section 57A of the Wildlife and Countryside Act 1981.

29. Power to designate footpath as cycle track.

Section 3 of the Cycle Tracks Act 1984 (c. 38).

30. Power to extinguish public right of way over land acquired for clearance.

Section 294 of the Housing Act 1981 (c. 68).

30A.Power to authorise stopping up or diversion of highway.

Section 247 of the Town and Country Planning Act 1990 (c.8).

31. Power to authorise stopping-up or diversion of footpath, bridleway or restricted byway.

Section 257 of the Town and Country Planning Act 1990.

32. Power to extinguish public rights of way over land held for planning purposes.

Section 258 of the Town and Country Planning Act 1990.

33. Power to enter into agreements with respect to means of access.

Section 35 of the Countryside and Rights of Way Act 2000 (c. 37)

34. Power to provide access in absence of agreement.

Section 37 of the Countryside and Rights of Way Act 2000.

35. Functions relating to sea fisheries.

Sections 1, 2, 10 and 19 of the Sea Fisheries Regulation Act 1966 (c. 38).

36. Power to make standing orders.

Section 106 of, and paragraph 42 of Schedule 12 to, the Local Government Act 1972 (c. 70).

37. Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal).

Section 112 of the Local Government Act 1972.

38. Power to make standing orders as to contracts.

Section 135 of the Local Government Act 1972.

39. Duty to make arrangements for proper administration of financial affairs etc.

Section 151 of the Local Government Act 1972.

40. Power to appoint Officers for particular purposes (appointment of “Proper Officers”).

Section 270(3) of the Local Government Act 1972.

41. Power to make limestone pavement order.

Section 34(2) of the Wildlife and Countryside Act 1981 (c. 69).

42. Power to make closing order with respect to take-away food shops..

Section 4 of the Local Government (Miscellaneous Provisions) Act 1982 (c. 30).

43. Duty to designate 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).

44. Duty to designate Officer as the Monitoring Officer, and to provide staff, etc.

Section 5(1) of the Local Government and Housing Act 1989.

44A. Duty to provide staff, etc to person nominated by Monitoring Officer.

Sections 82A(4) and (5) of the Local Government Act 2000.

44B. Powers relating to Overview and Scrutiny Committees voting rights of co-opted members).

Paragraphs 12 and 14 of Schedule 1 to the Local Government Act 2000.

45. Duty to approve authority’s statement of accounts, income and expenditure and balance sheet, or record of payments and receipts (as the case may be).

The Accounts and Audit Regulations 1996 (S.I. 1996/590).

46. Powers relating to the protection of important hedgerows.

The Hedgerows Regulations 1997 (S.I. 1997/1160).

47. Powers relating to the preservation of trees.

Sections 197 to 214D of the Town and Country Planning Act 1990, and the Trees Regulations 1999 (S.I. 1999/1892).

47A Powers relating to complaints about high hedges.

Part 8 of the Anti-Social Behaviour Act 2003.

48. Power to make payments or provide other benefits in cases of maladministration etc.

Section 92 of the Local Government Act 2000.