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You are here:  Home pageCouncilConstitution5. Council responsibilities > 5.13 Other council responsibilities

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5.13 Other council responsibilities

These responsibilities are in Part II of Paragraph I to Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 and any subsequent regulations.

Responsibility  Legislation  Carried out by 
Power to make standing orders Local Government Act 1972, Section 106 and paragraph 42 of Schedule 12 Full council
Power to appoint staff and to set their terms and conditions (including procedures for dismissing them) Local Government Act 1972, Section 112
  • Appointments committee appoints executive directors and heads of service and recommends full council on appointment of chief executive and designation of head of paid service, chief finance officer and monitoring officer
  • Heads of service appoint everyone else
  • Full council sets collective terms and conditions
Power to make contract rules Local Government Act 1972, Section 135 Full council
Duty to arrange proper financial administration Local Government Act 1972, Section 151 Chief finance officer
Power to appoint proper officers Local Government Act 1972, Section 270(3) Head of legal and democratic services
Power to issue a closing order to a takeaway food shop Local Government (Miscellaneous Provisions) Act 1982, Section 4 Head of environmental development 
Duty to designate head of paid service and provide resources Local Government and Housing Act 1989, Section 4(1) Full council (but appointments committee makes a recommendation)
Duty to designate monitoring officer and provide resources Local Government and Housing Act 1989, Section 5(1) Full council (but appointments committee makes a recommendation)
Duty to approve council's statement of accounts, income and spending and balance sheet, or record of payments and receipts The Accounts and Audit Regulations 1996 Full council (but audit and governance committee makes a recommendation)
Powers to protect important hedgerows The Hedgerows Regulations 1997 Head of city development
Duty to provide resources to a person named by the monitoring officer Local Government Act 2000, Sections 82A(4) and (5) Full council
Powers relating to scrutiny committees (voting rights of co-opted members) Local Government Act 2000, paragraphs 12 and 14 of Schedule 1 Full council
Power to provide compensation when there has been maladministration Local Government Act 2000, Section 92 Chief executive
Power to make an order identifying a place as a public place for the purposes of police powers to deal with street drinking Criminal Justice and Police Act 2001, Section 13(2) Full council
Duty to appoint an electoral registration officer Representation of the People Act 1983, Section 8(2) Full council
Power to provide the officers the electoral registration officer needs Representation of the People Act 1983, Section 52(4) Electoral registration officer
Parish and parish council responsibilities Local Government and Rating Act 1997, Part II Electoral registration officer
Power to dissolve small parish councils Local Government Act 1972, Section 10 Full council
Power to make orders for grouping parishes, dissolving groups or separating parishes from groups Local Government Act 1972, Section 11  Full council
Duty to appoint returning officer for local government elections Representation of the People Act 1983, Section 35 Full council
Duty to help in European parliamentary elections European Parliamentary Elections Act 1978, Paragraph 4(3) and 4(4) of Schedule 1   Returning officer
Duty to divide constituency into polling districts  Representation of the People Act 1983, Section 18 Full council
Duty to divide electoral divisions into polling districts at local government elections Representation of the People Act 1983, Section 31 Full council
Powers to do with holding elections Representation of the People Act 1983, Section 39(4) Returning officer
Power to pay electoral registration officer's expenses Representation of the People Act 1983, Section 54 Full council
Power to fill empty seats on parish councils when there are not enough nominations Representation of the People Act 1985, Section 21 Returning officer
Power to declare council seats empty Local Government Act 1972, Section 86 Returning officer
Giving notice of a casual vacancy Local Government Act 1972, Section 87 Returning officer
Power to make temporary appointments to parish councils Local Government Act 1972, Section 91 Returning officer
Power to set fees and conditions for receiving elections documents Local Elections (Principal Areas) Rules 1986, 48(3) and Local Elections (Parishes and Communities) Rules 1986, 48(3) Electoral registration officer
Power to make proposals for pilot schemes for local elections Representation of the People Act 2000, Section 10 Full council


Page last reviewed 16 Oct 2008





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