Decision Making
Chapter 4: Detailed Local Choice Functions and Local Act Functions
Section 4.1: Introduction
Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees.
This Section includes functions which the Council can choose to set as Executive or Non-Executive Functions. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Part E Section xxx of this constitution.
Any changes to whether these are Executive or Non-Executive functions must be agreed by Council.
Section 4.2: Local Choice and Local Act Functions List
Function | Provision of the Act or Statutory Instrument | Delegation of Function |
|---|---|---|
Any function under a local Act other than a function specified or referred to in regulation 2 or schedule 1 of the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as amended | Various as listed below | As listed below in respect of each function |
1. Licensing of Buskers. | London Local Authorities Act 2000 – Part V | If objection – Licensing Committee If no objection - Corporate Director, Communities |
2. Removal of distribution containers on the highway. | London Local Authorities Act 1991 – Section 22 | Corporate Director, of Communities |
3. Licensing of special treatment premises. | London Local Authorities Act 1991 – Part II | If objection – Licensing Committee If no objection - Corporate Director, Communities |
4. Crime Prevention Measures. | London Local Authorities (No. 2) Act 1990 | Chief Executive |
5.Consent for demolition works under street. | Greater London Council (General Powers) Act 1986 – Section 5 | Corporate Director, Housing and RegenerationCorporate Director, Communities |
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Section 4.3: Responsibility for Council Functions - Other Local Choice Functions List
Function | Provision of Act or Statutory Instrument | Delegation of Function |
|---|---|---|
1.The determination of an appeal against any decision made by or on behalf of the Authority. | As per paragraph 2 of Schedule 2 to the Local Authorities (Functions & Responsibilities) Regulations 2000 (SI 2853) as amended | Director of Legal or Licensing Committee in relation to Licensing matters. Director of Legal or Appeals Committees in relation to other matters |
2.The making of arrangements in respect of appeals against the exclusion of pupils from maintained schools. | Section 51A of the Education 2002 and Regulations made thereunder | Corporate Director, Children’s Services |
3.The making of arrangements in respect of school admission appeals. | Sections 94(1), 1A and (4) of the School Standards and Framework Act 1998. | Corporate Director, Children’s Services |
4.The making of arrangements in respect of appeals by a school governing body of a requirement that they take a pupil excluded from another school. | Section 95(2) of the School Standards and Framework Act 1998 | Corporate Director, Children’s Services |
5.Any function relating to contaminated land. | Environmental Protection Act 1990 – Part II A | Corporate Director, Communities |
6.The discharge of any function relating to the control of pollution or the management of air quality. | Pollution Prevention and Control Act 1999; Environment Act 1995 (Part IV); Environmental Protection Act 1990 (Part I); Clean Air Act 1993 | Corporate Director, Communities |
7.The service of an abatement notice in respect of a statutory nuisance. | Environmental Protection Act 1990 – Section 80(1) | Corporate Director, Communities |
8.In relation to or in support of Council functions only, or in relation to any appointment of a Councillor to a paid position except that of Cabinet Member, the appointment of any individual to any office other than an office in which he is employed by the authority; (a) to any body other than - the authority; (b) a joint committee of two or more authorities; or (c) to any committee or sub-committee of such a body, and the revocation of any such appointment | As per paragraph 19 of Schedule 2 to the Local Authorities (Functions & Responsibilities) Regulations 2000 (SI 2853) as amended8. In relation to or in support of Council functions only, or in relation to any appointment of a Councillor to a paid position except that of Cabinet Member, the appointment of any individual (a) to any office other than an office in which he is employed by the authority; (b) to any body other than - the authority; (b1) a joint committee of two or more authorities; or (b2) to any committee or sub-committee of such a body, and the revocation of any such appointment. | General Purposes CommitteeNB:This function in relation to or in support of an Executive function is allocated to the Executive, except that the Mayor may not appoint a Councillor to any paid position (including external bodies) other than that of Cabinet Member (see Part 3.2.2). |
9.The making of agreements with other local authorities for the placing of staff at the disposal of those other authorities. | As per paragraph 20 of Schedule 2 to the Local Authorities (Functions & Responsibilities) Regulations 2000 (SI 2853) as amended | All Chief Officers |
10.The passing of a resolution that Schedule 2 to the Noise and Statutory Nuisance Act 1993 should apply in the authority's area. | Noise and Statutory Nuisance Act 1993 – Section 8 | Council |
11.The inspection of the authority's area to detect any statutory nuisance. | Environmental Protection Act 1990 – Section 79 | Corporate Director, Communities |
12.The investigation of any complaint as to the existence of a statutory nuisance. | Environmental Protection Act 1990 – Section 80 | Corporate Director, Communities |
13.The obtaining of information as to interests in land. | Town and Country Planning Act 1990 – Section 330 | Corporate Director, Housing and Regeneration |
14.The obtaining of particulars of persons interested in land. | Local Government (Miscellaneous Provisions) Act 1976 – Section 16 | All Corporate Directors |
15.The making of agreements for the execution of highways works | Highways Act 1980 – Section 278 (substituted by the New Roads and Street Works Act 1991 – Section 23 | Corporate Director, Communities |