Constitution - List of Non Executive Functions

Part 3 - Responsibility for Functions

Section 1 - Responsibility for Local Choice Functions
Section 2 - Responsibility for Council functions (including terms of reference for Council and its Committees)
Section 3 - Responsibility for Executive functions (including terms of reference for the Executive, individual Executive Members and Panels)
Section 4 - Joint Arrangements with other Local Authorities
Section 5 - Advisory Groups to the Executive
Section 6 - List of non executive functions
Section 7 - Executive portfolios
Section 8 - Membership of the Executive/Committees/Panels/Forums
Section 9 - Appointments to Outside Bodies/Organisations and School Governing Bodies
Section 10 - Scheme of Officer Delegations

List of Non Executive Functions

(as set out in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000

A) Functions relating to town and country planning and development control

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Power to determine application for planning permission.
Power to determine applications to develop land without compliance with conditions previously attached.
Power to grant planning permission for development already carried out.
Power to decline to determine application for planning permission.
Duties relating to the making of determinations of planning applications.
Power to determine application for planning permission made by a local authority, alone or jointly with another person.
Power to make determinations, give approvals and agree certain other matters relating to the exercise of permitted development rights.
Power to enter into agreement regulating development or use of land.
Power to issue a certificate of existing or proposed lawful use or development.
Power to serve a completion notice.
Power to grant consent for the display of advertisements.
Power to authorise entry onto land.
Power to require the discontinuance of a use of land.
Power to serve a planning contravention notice, breach of condition notice or stop notice.
- 18.A) Power to issue a temporary stop notice.
Power to issue an enforcement notice.
Power to apply for an injunction restraining a breach of planning control.
Power to determine applications for hazardous substances consent, and related powers.
Duty to determine conditions to which old mining permissions, relevant planning permissions relating to dormant sites or active Phase I or II sites, or mineral permissions relating to mining sites, as the case may be, are to be subject.
Power to require proper maintenance of land.
Power to determine application for listed building consent, and related powers.
Power to determine applications for conservation area consent.
Duties relating to applications for listed building consent and conservation area consent.
Power to serve a building preservation notice, and related powers.
Power to issue enforcement notice in relation to demolition of [listed] building in conservation area.
Powers to acquire a listed building in need of repair and to serve a repairs notice.
Power to apply for an injunction in relation to a listed building.
Power to execute urgent works.

B) Licensing and registration functions (in so far as not covered by any other paragraph of this Schedule)

Power to issue licences authorising the use of land as a caravan site ("site licences").
Power to license the use of moveable dwellings and camping sites.
Power to license hackney carriages and private hire vehicles.
Power to license drivers of hackney carriages and private hire vehicles.
Power to license operators of hackney carriages and private hire vehicles.
Power to register pool promoters.
Power to grant track betting licences.
Power to license inter-track betting schemes.
Power to grant permits in respect of premises with amusement machines.
Power to register societies wishing to promote lotteries.
Power to grant permits in respect of premises where amusements with prizes are provided.
Power to issue cinema and cinema club licences.
Power to issue theatre licences.
Power to issue entertainments licences.
- 14A) Functions relating to licensing.
- 14AA) Duty to comply with requirement to provide information to Gambling Commission.
- 14AB) Functions relating to exchange of information.
- 14AC) Functions relating to occasional use notices.
- 14B Power to resolve not to issue a casino premises licence.
- 14C) Power to designate officer of a licensing authority as an authorised person for a purpose relating to premises.
- 14CA) Power to make order disapplying section 279 or 282(1) of the 2005 Act in relation to specified premises.
- 14D) Power to institute criminal proceedings . . . .
- 14E) Power to exchange information.
- 14F) Functions relating to the determination of fees for premises licences.
- 14G) Functions relating to the registration and regulation of small society lotteries.
- FA Functions relating to smoke-free premises, etc . . .
Power to license sex shops and sex cinemas.
Power to license performances of hypnotism.
Power to license premises for acupuncture, tattooing, ear-piercing and electrolysis.
Power to license pleasure boats and pleasure vessels.
Power to register door staff.
Power to license market and street trading.
Power to license night cafes and take-away food shops.
Duty to keep list of persons entitled to sell non-medicinal poisons.
Power to license dealers in game and the killing and selling of game.
Power of register and license premises for the preparation of food.
Power to license scrap yards.
Power to issue, amend or replace safety certificates (whether general or special) for sports grounds.
Power to issue, cancel, amend or replace safety certificates for regulated stands at sports grounds.
Power to issue fire certificates.
Power to license premises for the breeding of dogs.
Power to license pet shops and other establishments where animals are bred or kept for the purposes of carrying on a business.
Power to register animal trainers and exhibitors.
Power to license zoos.
Power to license dangerous wild animals.
Power to license knackers' yards.
Power to license the employment of children.
Power to approve premises for the solemnisation of marriages.
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 and 9 Vict c 118).
Power to register variation of rights of common.
Power to license persons to collect for charitable and other causes.
Power to grant consent for the operation of a loudspeaker.
Power to grant a street works licence.
Power to license agencies for the supply of nurses.
Power to issue licences for the movement of pigs.
Power to license the sale of pigs.
Power to license collecting centres for the movement of pigs.
Power to issue a licence to move cattle from a market.
- 46A) Power to grant permission for provision, etc of services, amenities, recreation and refreshment facilities on highway, and related powers.
- 47A Duty to publish notice in respect of proposal to grant permission under section 115E of the Highways Act 1980.
Power to permit deposit of builder's skip on highway.
Power to license planting, retention and maintenance of trees etc in part of highway.
Power to authorise erection of stiles etc on footpaths or bridleways.
Power to license works in relation to buildings etc which obstruct the highway.
Power to consent to temporary deposits or excavations in streets.
Power to dispense with obligation to erect hoarding or fence.
Power to restrict the placing of rails, beams etc over highways.
Power to consent to construction of cellars etc under street.
Power to consent to the making of openings into cellars etc under streets, and pavement lights and ventilators.
Power to sanction use of parts of buildings for storage of celluloid.
Power to approve meat product premises.
Power to approve premises for the production of minced meat or meat preparations.
Power to approve dairy establishments.
Power to approve egg product establishments.
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.
Power to approve fish products premises.
Power to approve dispatch or purification centres.
Power to register fishing vessels on board which shrimps or molluscs are cooked.
Power to approve factory vessels and fishery product establishments.
Power to register auction and wholesale markets.
Duty to keep register of food business premises.
Power to register food business premises.
Power to issue near beer licence.
Power to register premises or stalls for the sale of goods by way of competitive bidding
Power to register motor salvage operators.

C) Functions relating to health and safety at work

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.

D Functions relating to elections

Duty to appoint an electoral registration officer.
Power to assign officers in relation to requisitions of the registration officer.
Functions in relation to parishes and parish councils.
Power to dissolve small parish councils.
Power to make orders for grouping parishes, dissolving groups and separating parishes from groups.
Duty to appoint returning officer for local government elections.
Duty to provide assistance at European Parliamentary elections.
Duty to divide constituency into polling districts.
Power to divide electoral divisions into polling districts at local government elections.
Powers in respect of holding of elections.
Power to pay expenses properly incurred by electoral registration officers.
Power to fill vacancies in the event of insufficient nominations.
Duty to declare vacancy in office in certain cases.
Duty to give public notice of a casual vacancy.
Power to make temporary appointments to parish councils.
. . .
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.

E) Functions relating to name and status of areas and individuals

Power to change the name of a county, district or London borough.
Power to change the name of a parish.
Power to confer title of honorary alderman or to admit to be an honorary freeman.
Power to petition for a charter to confer borough status.

F) Function

[F Power to make, amend, revoke, re-enact or enforce byelaws]
[FA Functions relating to smoke-free premises, etc
(1)

Duty to enforce Chapter 1 and regulations made under it.
Power to authorise officers.
Functions relating to fixed penalty notices.
Power to transfer enforcement functions to another enforcement authority.

G) Power to promote or oppose local or personal Bills

H) Functions relating to pensions etc

Functions relating to local government pensions, etc
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

I) Miscellaneous functions

(1)
Function
Part I: functions relating to public rights of way

Power to create footpath[, bridleway or restricted byway] by agreement.
Power to create footpaths[, bridleways and restricted byways].
Duty to keep register of information with respect to maps, statements and declarations.
Power to stop up footpaths[, bridleways and restricted byways].
Power to determine application for public path extinguishment order.
Power to make a rail crossing extinguishment order.
Power to make a special extinguishment order.
Power to divert footpaths[, bridleways and restricted byways].
Power to make a public path diversion order.
Power to make a rail crossing diversion order.
Power to make a special diversion order.
Power to require applicant for order to enter into agreement.
Power to make an SSSI diversion order.
Duty to keep register with respect to applications under sections 118ZA, 118C, 119ZA and 119C of the Highways Act 1980.
Power to decline to determine certain applications.
Duty to assert and protect the rights of the public to use and enjoyment of highways.
Duty to serve notice of proposed action in relation to obstruction.
Power to apply for variation of order under section 130B of the Highways Act 1980.
Power to authorise temporary disturbance of surface of footpath [, bridleway or restricted byway].
Power temporarily to divert footpath[, bridleway or restricted byway].
Functions relating to the making good of damage and the removal of obstructions.
Powers relating to the removal of things so deposited on highways as to be a nuisance.
Power to extinguish certain public rights of way.
Duty to keep definitive map and statement under review.
Power to include modifications in other orders.
Duty to keep register of prescribed information with respect to applications under section 53(5) of the Wildlife and Countryside Act 1981.
. . .
Power to prepare map and statement by way of consolidation of definitive map and statement.
Power to designate footpath as cycle track.
Power to extinguish public right of way over land acquired for clearance.
- Power to authorise stopping up or diversion of highway.
Power to authorise stopping-up or diversion of footpath [, bridleway or restricted byway].
Power to extinguish public rights of way over land held for planning purposes.
Power to enter into agreements with respect to means of access.
Power to provide access in absence of agreement.
- Part II: other miscellaneous functions
Functions relating to sea fisheries.
Power to make standing orders.
Power to appoint staff, and to determine the terms and conditions on which they hold office (including procedures for their dismissal).
Power to make standing orders as to contracts.
Duty to make arrangements for proper administration of financial affairs etc.
Power to appoint officers for particular purposes (appointment of "proper officers").
Power to make limestone pavement order.
Power to make closing order with respect to take-away food shops.
Duty to designate officer as the head of the authority's paid service, and to provide staff, etc.
Duty to designate officer as the monitoring officer, and to provide staff, etc.
- 44A) Duty to provide staff, etc to person nominated by monitoring officer.
- 44B) Powers relating to overview and scrutiny committees (voting rights of co-opted members).
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).
Powers relating to the protection of important hedgerows.
Powers relating to the preservation of trees.
- 47A) Powers relating to complaints about high hedges.
Power to make payments or provide other benefits in cases of maladministration etc.
Power to make an order identifying a place as a designated public place for the purposes of police powers in relation to alcohol consumption.