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Powers and duties list

Abandoned shopping and luggage trolleys Power

A local authority may adopt powers in relation to abandoned shopping and luggage trolleys in accordance with the required procedure.

Abandoned vehicles - disposal Power

A local authority may dispose of an abandoned vehicle in its custody in accordance with the required procedure.

Abandoned vehicles - fixed penalty notice Power

An officer authorised by a local authority may issue a fixed penalty notice to a person suspected of committing a vehicle abandonment offence.

Abandoned vehicles - recovery of expenses Power

A local authority may recover certain expenses incurred in connection with the removal and disposal abandoned vehicles.

Abandoned vehicles - removal Duty

Where it appears to a local authority that a motor vehicle in their area is abandoned without lawful authority on any land in the open air or on any other land forming part of a highway road, it shall be the duty of the authority, subject to provisions of this legislation, to remove the vehicle.

Abandoned vehicles - use of receipts from fixed penalty notices Power

A local authority may utilise receipts from fixed penalty notices in accordance with regulations.

Abandoned waste - removal Power

A local authority may remove abandoned waste (other than a motor vehicle) in certain circumstances.

Academies - transfer of surplus Duty

The local authority must determine whether, immediately before the date of conversion to an academy, a school has a surplus, and if so, the amount of the surplus. The authority must pay any amount determined to the proprietor of the Academy, subject to the provisions of regulations.

Access land - byelaws Power

A local authority may prepare byelaws for any land in relation to which it is the access authority.

Access land - notices Power

A local authority may erect and maintain notices for specified purposes associated with access land.

Access land - wardens Power

An access authority or a district council may appoint such number of persons as may appear to the authority making the appointment to be necessary or expedient, to act as wardens as respects access land in their area. As respects access land in an area for which there is a local access forum, an access authority shall, before they appoint wardens and thereafter from time to time, consult the local access forum about the exercise of that power.

Access land - improvement or repair to means of access Power

A local authority where, in respect of any access land— (a) it appears to the authority that— (i) the opening-up, improvement or repair of any means of access to the land, (ii) the construction of any new means of access to the land, or (iii) the maintenance of any means of access to the land, is necessary for giving the public reasonable access to that land, or to other access land, in pursuance of the right conferred by section 2(1) and (b) the access authority are satisfied that they are unable to conclude on reasonable terms an agreement under section 35 with the owner or occupier of the land for the carrying out of the works, the authority may, give the owner or occupier a notice (in the prescribed form) stating that, after the end of a specified period of not less than twenty-one days, the authority intend to take all necessary steps for carrying out the works specified in the notice for the opening-up, improvement, repair, construction or maintenance of the means of access.

Accident prevention - home safety advice Power

A local authority may promote safety in the home by publishing or making arrangements for otherwise giving information or advice relating to the prevention of accidents in the home.

Accounts and audit - accounting records Duty

A local authority must keep adequate accounting records.

Accounts and audit - appointment of auditor panel Duty

A local authority must have an auditor panel to exercise the functions conferred on auditor panels by or under this Act.

Accounts and audit - appointment of local auditor Duty

A local authority must appoint a local auditor to audit its accounts for a financial year not later than 31 December in the preceding financial year.

Accounts and audit - audit of accounts Duty

The accounts for each financial year must be audited

Accounts and audit - compliance with Code of Practice Duty

A local authority must comply with a Code of Practice issued by the Secretary of State on the auditing process.

Accounts and audit - failure to appoint local auditor Duty

A local authority must Inform the Secretary of State and follow directions if it fails to appoint a local auditor.

Accounts and audit - limitation of liability agreement Duty

A local authority must take certain steps before entering into a limitation of liability agreement with a local auditor.

Accounts and audit - local auditor requests for documents and information Duty

A local authority must comply with the requests of its local Auditor for documents and information.

Accounts and audit - regulations Duty

A local authority must comply with Regulations relating to accounts and audit.

Accounts and audit - resignation, removal and appointment of auditor Duty

A local authority must comply with regulations made by the Secretary of State with regard to the resignation and removal of an auditor or of the auditor’s appointment by a specified person.

Adoption - maintenance of adoption service Duty

Each local authority must continue to maintain within their area a service designed to meet the needs, in relation to adoption, of children who may be adopted, their parents and guardians, persons wishing to adopt a child, and adopted persons, their parents, natural parents and former guardians and for that purpose must provide the requisite facilities.

Adoption - applications for placement order Duty

A local authority must apply for a placement order in respect of a child in certain circumstances as detailed in regulations.

Adoption - assessments for adoption support Duty

A local authority must, in prescribed circumstances, carry out an assessment as to whether an individual requires adoption support services.

Adoption - contact order Power

A local authority may apply for a contact order in certain circumstances.

Adoption - counselling services Duty

A local authority must offer counselling services as required by regulations.

Adoption - court reports for proposed adoption Duty

A local authority prepare a report for the court and assist the court in any other way regarding the suitability of the proposed adoption in certain circumstances.

Adoption - default order Duty

A local authority must comply with instructions contained in any default order issued by the Minister.

Adoption - disclosing information during adoption process Duty

A local authority must disclose information to prospective adopters in prescribed circumstances.

Adoption - disclosure of information to an adopted adult Duty

A local authority must disclose certain information to an adult adopted person.

Adoption - fees Power

A local authority may charge fees, as prescribed, in connection with the provision of an overseas adoption service and for other facilities.

Adoption - general considerations Duty

A local authority must have regard to the general considerations when exercising its functions under the Act.

Adoption - inactive or defunct adoption societies Duty

A local authority must comply with directions from the appropriate Minister with regard to an inactive or defunct adoption societies.

Adoption - information concerning adoption Duty

A local authority must provide the appropriate Minister with the information required regarding its performance of all or any of its functions relating to adoption and the children and other persons in relation to whom it has exercised those functions.

Adoption - information for pre-commencement adoptions Duty

A local authority comply with regulations concerning the provision of information to persons adopted before the appointed day who have attained the age of 18.

Adoption - inspection of premises Power

An officer authorised by a local authority may inspect the premises where a child is or may be placed for adoption.

Adoption - keeping of information Duty

A local authority must keep prescribed information regarding an adoption in a form and manner which complies with regulations.

Adoption - placement for adoption by agencies Power

A local authority may place a child for adoption in certain circumstances. The authority should comply with regulations for placing a child with prospective adopters when doing so.

Adoption - recovery of child by parent or guardian Duty

A local authority must recover a child when requested to do so by the parent in certain circumstances.

Adoption - refusal of contact Power

A local authority may refuse to allow the contact that would otherwise be required by virtue of an order if it is satisfied that it is necessary to do so in order to safeguard or promote the child's welfare, and the refusal is decided upon as a matter of urgency and does not last for more than seven days. The authority must comply with regulations when refusing contact.

Adoption - restriction of parental responsibility Power

An authority may determine that the parental responsibility of any parent or guardian, or of prospective adopters, is to be restricted to the extent specified in the determination.

Adoption - restrictions on disclosure of information Duty

A local authority may only disclose information regarding an adoption in prescribed circumstances.

Adoption - return of child in other cases Duty

A local authority must recover a child when requested to do so by the prospective adopters or where they consider the placement to be unsuitable.

Adoption - revoking placement orders Power

A local authority may apply to revoke a placement order in certain circumstances.

Adoption - varying placement orders Power

A local authority may apply to vary a placement order in certain circumstances.

Adoption - adoption agency decision and notification Duty

The adoption agency must make a decision and following the decision must proceed to notify the prospective adopter of the decision as specified in Regulations. Where the adoption agency considers that the prospective adopter is not suitable to adopt a child they must advise the reasons and proceed as specified in Regulations.

Adoption - adoption agency decision on placement Duty

The adoption agency must take into account any recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption with the particular prospective adopter. The agency must comply with regulations regarding written notification of the decision, explaining the decision to the child and the child's case record.

Adoption - appointment of officer of the Service Duty

Where a local authority is an adoption agency must- Where the parent or guardian of the child resides in England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must request the CAFCASS to appoint an officer of the Service or, where the child is normally resident in Wales, the National Assembly for Wales to appoint a Welsh family proceedings officer for the purposes of the signification by that officer of the consent to placement or to adoption by that parent or guardian and send with that request the information specified in Schedule 2.

Adoption - authorised person for adoptions from outside England and Wales Duty

Where a local authority is an adoption agency it must- (1) Where the parent or guardian resides outside England and Wales and is prepared to consent to the placement of the child for adoption under section 19 of the Act and, as the case may be, to consent to the making of a future adoption order under section 20 of the Act, the adoption agency must arrange for the appointment of an authorised person to witness the execution of the form of consent to placement or to adoption by that parent or guardian and send to that person the information specified in Schedule 2. (2) “Authorised person” for the purposes of this regulation means in relation to a form of consent executed— (a) in Scotland, a Justice of the Peace or a Sheriff; (b) in Northern Ireland, a Justice of the Peace; (c) outside the United Kingdom, any person for the time being authorised by law in the place where the document is executed to administer an oath for any judicial or other legal purpose; a British Consular officer; a notary public; or, if the person executing the document is serving in any of the regular armed forces of the Crown, an officer holding a commission in any of those forces.

Adoption - child being taken out of the country Duty

Where a child is being taken out of the UK for the purposes of adoption the adoption agency must prepare required reports for the court and, where required, provide counselling and information to the prospective adopters. The agency must also undertake an assessment of the prospective adopters.

Adoption - child's case record Duty

Where the local authority acting as an adoption agency is considering adoption for a child it must set up a case record in respect of the child. The case record must contain information and reports as required by regulations.

Adoption - child's permanence report Duty

When acting as an adoption agency the authority must prepare a written report (“the child’s permanence report”) which shall include information as specified in regulations. The adoption agency must send the child's permanence report, the child's health report and any other report referred to in regulation 15 and the information relating to the health of each of the child’s natural parents to the adoption panel. The adoption agency must obtain, so far as is reasonably practicable, any other relevant information which may be requested by the adoption panel and send that information to the panel.

Adoption - compliance with regulations regarding refusal of contact Duty

A local authority must comply with regulations when refusing to allow contact allowed under a Contact Order.

Adoption - counselling an information for parent or guardian Duty

The adoption agency must, so far as is reasonably practicable: (a)provide a counselling service for the parent or guardian of the child (b) explain the procedure and legal implications of adoption in writing (c) ascertain the wishes and feelings of the parent or guardian of the child and, of any other person the agency considers relevant, regarding the child, placement for adoption and contact if the child is adopted

Adoption - counselling and information for prospective adopter Duty

The adoption agency must— (a)provide a counselling service for the prospective adopter; (b)in a section 83 case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, adopting a child from the country from which the prospective adopter wishes to adopt; (c)in any other case, explain to the prospective adopter, and provide written information about, the procedure in relation to, and the legal implications of, placement for adoption and adoption; (d)provide the prospective adopter with any information and any training materials relating to adopting a child available for use; and (e)make arrangements for the prospective adopter to receive such preparation for adoption as the agency considers appropriate.

Adoption - decision on placing for adoption Duty

The adoption agency must: - In any case referred to the panel under regulation 17(2C) take into account the recommendation of the adoption panel in coming to a decision about whether the child should be placed for adoption. - Take into account the information and reports referred to in regulation 17(2D), and any other relevant information, in coming to a decision about whether the child ought to be placed for adoption. No member of the adoption panel [or person on the central list] shall take part in any decision made by the adoption agency.

Adoption - duties of adoption agency in section 83 case Duty

Where the adoption agency decides in a section 83 case to approve a prospective adopter as suitable to adopt a child, the agency must send the Secretary of State all information and documents as specified in these regulations.

Adoption - function of adoption agency in Section 83 case Duty

Where in a section 83 case the adoption agency receives from the relevant foreign authority information about a child to be adopted by a prospective adopter the adoption agency must— (a)send a copy of the information to the prospective adopter unless it is aware that the prospective adopter has received a copy; (b)consider that information and meet with the prospective adopter to discuss the information; and (c)if appropriate, provide a counselling service for, and any further information to, the prospective adopter as may be required.

Adoption - function of the adoption panel in relation to proposed placement Duty

The adoption panel must consider the proposed placement referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption with that particular prospective adopter. In considering what recommendation to make the adoption panel shall have regard to the duties imposed on the adoption agency under section 1(2), (4) and (5) of the Act. The adoption panel must consider proposals for adoption support services for the adoptive family, contact arrangements and any restrictions on parental responsibility. The panel, where recommending the placement, may give advice to the agency on any of the above matters. The panel should only make a recommendation where conditions proscribed in these regulations are met.

Adoption - functions of the adoption panel Duty

(1) Subject to paragraphs (2) and (3), the adoption panel must consider the case of the prospective adopter referred to it by the adoption agency and make a recommendation to the agency as to whether the prospective adopter is suitable to adopt a child. (2) In considering what recommendation to make the adoption panel— (a)must consider and take into account all the information and reports passed to it in accordance with regulation 30; (b)may request the adoption agency to obtain any other relevant information which the panel considers necessary; and (c)may obtain legal advice as it considers necessary in relation to the case. (3) In relation to the case of a prospective adopter in respect of whom a report has been prepared in accordance with regulation 30(4), the adoption panel must either— (a)request the adoption agency to prepare a further prospective adopter’s report, covering all the matters set out in regulation 30(2); or (b)recommend that the prospective adopter is not suitable to adopt a child. (4) Where the adoption panel makes a recommendation to the adoption agency that the prospective adopter is suitable to adopt a child, the panel may consider and give advice to the agency about the number of children the prospective adopter may be suitable to adopt, their age range, sex and likely needs. (5) Before making any recommendation, the adoption panel must invite the prospective adopter to attend a meeting of the panel.

Adoption - independent reviewing officers Duty

The local authority must appoint an independent reviewing officer who must be registered as a social worker in a register maintained by the General Social Care Council or by the Care Council for Wales in respect of the case of each child authorised to be placed for adoption by the agency. The independent reviewing officer must ensure that any review is carried out in accordance with regulations.

Adoption - information about the child Duty

The adoption agency must obtain, so far as is reasonably practicable, the information about the child which is specified in Part 1 of Schedule 1. The agency must also (unless the child is of sufficient understanding to make an informed decision and refuses to submit to the examinations or other tests) make arrangements for the child to be examined by a registered medical practitioner and obtain from that practitioner the child's health report.

Adoption - information about the child's family Duty

The adoption agency must obtain, so far as is reasonably practicable, the information about the child’s family which is specified in Part 3 of Schedule 1 and also the information about the health of each of the child’s natural parents and his brothers and sisters (of the full blood or half-blood) which is specified in Part 4 of Schedule 1.

Adoption - information for adopter's case record Power

The adoption agency may ask the prospective adopter to provide any further information the agency may reasonably require to be included in the case record.

Adoption - information for independent review panel Duty

If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied for a review by an independent review panel of the qualifying determination, the agency must, within 10 working days of receipt of that notification, send to the Secretary of State: (a)all of the documents and information which were passed to the adoption panel in accordance with regulation 30; (b)any relevant information in relation to the prospective adopter which was obtained by the agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and (c)the documents referred to in regulation 30B(5)(a) and (b).

Adoption - Information regarding premises inspection Duty

A local authority must provide the appropriate Minister with information or allow inspection of records relating to the exercise of its functions in relation to premises inspections etc. on request.

Adoption - joint arrangements Duty

Duty on one, or more, LAs to make arrangements for all, or any, of their functions to be carried out on their behalf by one of those LAs or one or more adoption agencies (RAAs) when directed to do so by the Secretary of State

Adoption - modification to Part 4 for specified persons Duty

The application of part 4 of the Regulations may be modified where the prospective adopter is an approved foster parent or has, at any time, adopted a child having been assessed as suitable to adopt.

Adoption - notification of decision Duty

Where the local authority is an adoption agency it must, if their whereabouts are known to the agency, notify in writing the parent or guardian and, where regulation 14(3) applies and the agency considers it is appropriate, the father of the child of its decision.

Adoption - other pre-assessment information Duty

The adoption agency must: (a)obtain the information about the prospective adopter which is specified in Part 1 of Schedule 4 (b)obtain a written report from a registered medical practitioner about the health of the prospective adopter following a full examination which must include the matters specified in Part 2 of Schedule 4 unless the agency has received advice from its medical adviser that such an examination and report is unnecessary (c)obtain a written report of each of the interviews with the persons nominated by the prospective adopter to provide personal references for the prospective adopter (d)where the adoption agency considers it necessary, obtain a personal reference from the prospective adopter’s former spouse, civil partner or partner (e)where it is not the local authority in whose area the prospective adopter has their home ascertain whether the local authority in whose area the prospective adopter has their home have any information about the prospective adopter which may be relevant to an assessment of the prospective adopter’s suitability to adopt and if so obtain from that authority a written report setting out that information.

Adoption - police checks Duty

In respect of the prospective adopter and any other member of the prospective adopter’s household who is aged 18 or over, the adoption agency must obtain an enhanced criminal record certificate issued under section 113B of the Police Act 1997(6) which includes suitability information relating to children (within the meaning of section 113BA(2) of that Act). An adoption agency may not consider a person suitable to adopt a child if that person or any member of that person’s household aged 18 or over— (a)has been convicted of a specified offence committed at the age of 18 or over; or (b)has been cautioned by a constable in respect of any such offence which, at the time the caution was given, was admitted.

Adoption - pre-assessment decision Duty

The adoption agency must, taking into account the information obtained under regulations 25 and 26, decide whether— (a)the prospective adopter may be suitable to adopt a child; or (b)that the prospective adopter is not suitable to adopt a child. (2) Subject to paragraph (3), the agency must make its decision under paragraph (1) within a period of two months from the date on which the adoption agency notified the prospective adopter that they had decided to proceed with the pre-assessment process in accordance with regulation 21.

Adoption - pre-assessment process Duty

Where a local authority is an adoption agency Regulations 22 to 27 apply when a person has notified an adoption agency that they want to adopt a child and the agency has notified that person that it has decided to proceed with the pre-assessment process in respect of that person.

Adoption - proposed placement Duty

Where the local authority is acting as an adoption agency and is considering placing a child for adoption with a particular prospective adopter the authority should comply with regulations regarding: - notification to, meeting with, ascertaining the views of and providing a counselling service and any further information to the prospective adopter - carry out an assessment of need of the child and the adoptive family - consider arrangements for contact with any person - provide a written adoption placement report - decide whether or not the decision is to be referred to an adoption panel or to make a decision under regulation 33 and must notify the proposed adopter whether the proposed placement is to be referred to the adoption panel

Adoption - prospective adopter assessment plan Duty

The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter assessment plan”) which includes the following matters: (a)the procedure for assessing the prospective adopter’s suitability to adopt a child; (b)any applicable timescales; (c)the arrangements for the prospective adopter to receive any additional counselling or preparation for adoption; (d)details of any training that the prospective adopter has agreed to undertake; (e)information about the role of the prospective adopter in the assessment process; (f)information about the process for submitting representations or applying to the Secretary of State for a review under regulation 30B(5)(c); and (g)any other matters which the agency considers relevant.

Adoption - prospective adopter matching plan Duty

Except in a section 83 case, where an adoption agency has approved a prospective adopter as suitable to adopt a child in accordance with regulation 30B, the agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter matching plan”) which includes— (a)information about the duties of the adoption agency under Parts 5 and 6 of these Regulations; (b)information about the role of the prospective adopter in identifying a child for whom they would be an appropriate adopter; (c)information about the process for making a representation (including a complaint) under the 1989 Regulations; and (d)any other matters that the agency consider relevant.

Adoption - prospective adopter stage one plan Duty

The adoption agency must prepare a written plan in consultation with the prospective adopter (“the prospective adopter stage one plan”) which includes the following matters— (a)information about the counselling, information and preparation for adoption to be provided under regulation 24; (b)the procedure for carrying out police checks under regulation 25; (c)details of any training that the prospective adopter has agreed to undertake; (d)information about the role of the prospective adopter in the stage one process; (e)any applicable timescales; (f)information about the process for making a representation (including a complaint) under the 1989 Regulations; and (g)any other information that the agency considers relevant.

Adoption - prospective adopter’s report Duty

The adoption agency must obtain the information about the prospective adopter which is specified in Part 3 of Schedule 4 of the Regulations and must prepare a written report (“the prospective adopter’s report”) which contains information about the prospective adopter as specified in Regulations. Once prepared the adoption agency must deal with the report as specified in Regulations.

Adoption - prospective adopter's assessment Duty

Regulations 28 to 30G apply where the prospective adopter notifies the adoption agency that they wish to continue with the assessment process following notification that they may be suitable to adopt under regulation 27(4).

Adoption - prospective adopter's case record Duty

(1) The adoption agency must set up a case record in respect of the prospective adopter (“the prospective adopter’s case record”) and place on that case record— (a)the prospective adopter stage one plan; (b)the information and reports obtained by the agency by virtue of this Part; (c)the prospective adopter assessment plan; (d)the prospective adopter’s report and the prospective adopter’s observations on that report; (e)Where applicable the written record of the proceedings of the adoption panel under regulation 30A (and where applicable regulation 30B(8)), its recommendation, the reasons for the recommendation and any advice given by the panel to the agency; (f)the record of the agency’s decision under regulation 30B(1), (6) or as the case may be (9); (g)where the prospective adopter applied to the Secretary of State for a review by an independent review panel the recommendation of that review panel; (h)where applicable, the prospective adopter’s review report and the prospective adopter’s observations on that report; (i)the prospective adopter matching plan; and (j)any other documents or information obtained by the agency which it considers should be included in that case record.

Adoption - protected information Duty

An adoption agency must comply with regulations regarding the disclosure of protected information abouts children or adults.

Adoption - referral to the adoption register Duty

Where an adoption agency has determined that a prospective adopter is suitable to adopt a child, has not identified a particular child who it is considering placing with that prospective adopter and has obtained the consent of the prospective adopter other than in a Section 83 case the agency must give the information about the prospective adopter requested by the organisation which maintains the Adoption Register to that organisation for entry in the Register as soon as possible and in any event no later than three months after the determination.

Adoption - requirements before child placed for adoption Duty

Where the local authority is acting as an adoption agency it must comply with requirements detailed in regulations regarding a placement plan, the placement commencement date, notification of the placement and update of the case record before the child may be placed for adoption

Adoption - requirements with regard to the child Duty

In their role as an adoption agency the authority must, as far as is reasonably practicable: - provide a counselling service for the child - explain to the child in an appropriate manner the procedure in relation to, and the legal implications of, adoption for the child and provide him with appropriate written information about these matters - ascertain the child’s wishes and feelings regarding the possibility of placement for adoption, the child's religious and cultural upbringing and contact with his parent or guardian or other relative or with any other person the agency considers relevant.

Adoption - review and termination of approval Duty

The adoption agency must review the approval of each prospective adopter in accordance with this regulation.

Adoption - reviews Duty

Where the local authority is acting as an adoption agency it must comply with regulations regarding the carrying out of a review of both cases where a child authorised to be placed for adoption but not for the time being placed or a child who has been placed for adoption and the timing of such reviews.

Adoption - support services plan Duty

The local authority must prepare a plan if they propose to provide adoption support services to a person on more than one occasion and the services are not limited to the provision of advice or information. Where it appears to the local authority that the person may have a need for services from a Primary Care Trust, a Local Health Board or a local education authority, they must consult that Primary Care Trust, Local Health Board or local education authority before preparing the plan. The local authority must nominate a person to monitor the provision of the services in accordance with the plan.

Adoption - withdrawal of consent Duty

Where consent in respect of a child placed for adoption is withdrawn the authority must review their decision to place the child for adoption where the authority decides to apply for a placement order in respect of the child must notify all persons required by regulations.

Adoption agencies - appointment of agency adviser Duty

Where a local authority is an adoption agency it must, Appoint a senior member of staff, or where local authorities agree to constitute joint adoption panels as necessary appoint a senior member of staff of one of them, (referred to in this regulation as the “agency adviser” )— (a) to assist the agency with the maintenance of the central list and the constitution of adoption panels, (b) to be responsible for the induction and training of persons in the central list, (c) to be responsible for liaison between the agency and an adoption panel, monitoring the performance of persons in the central list and members of the adoption panel and the administration of adoption panels, and (d) to give such advice to an adoption panel as the panel may request in relation to any case or generally. The agency adviser must be a social worker and have at least five years' relevant post-qualification experience and, in the opinion of the adoption agency, relevant management experience.

Adoption agencies - appointment of medical adviser Duty

Where a local authority is an adoption agency it must appoint at least one registered medical practitioner to be the agency's medical adviser. The medical adviser shall be consulted in relation to the arrangements for access to, and disclosure of, health information which is required or permitted by virtue of these Regulations.

Adoption agencies - constitution of adoption panels Power

Where a local authority is an Adoption Agency, it may constitute one or more adoption panels, as necessary, to perform the functions of an adoption panel under these Regulations and must appoint the panel members from the persons in the central list including— (a) a person to chair the panel, being an independent person, who has the skills and experience necessary for chairing an adoption panel, and (b) one or two persons who may act as chair if the person appointed to chair the panel is absent or that office is vacant (“the vice chairs”). The adoption agency must ensure that individual members have between them the experience and expertise necessary to effectively discharge the functions of the panel.

Adoption agencies - management of adoption panels Power

Where a local authority is an Adoption Agency, it may: - Co-operate with one or more other local authorities and jointly constitute an adoption panel (“a joint adoption panel”) in which case the appointment of members must be by agreement between the authorities. - Pay to any member of an adoption panel constituted by it such fee as it may determine, being a fee of a reasonable amount. Where it is of the opinion that any member of the adoption panel appointed by it is unsuitable or unable to continue as a panel member, it may terminate that member's appointment at any time by giving the member notice in writing with reasons.

Adoption agencies - number of attendees for conducting business Duty

Where a local authority is an Adoption Agency, it must, with regard to meetings of adoption panels ensure no business is conducted by an adoption panel unless at least the following meet as the panel — (a) either the person appointed to chair the panel or one of the vice chairs, (b) one person falling within regulation 3(1)(a), (c) one other independent person An adoption panel must also make a written record of its proceedings, its recommendations and the reasons for its recommendations.

Adoption agencies - persons suitable as members of adoption panel Duty

Where a local authority is an Adoption Agency, it must maintain a list of persons who are considered by it to be suitable to be members of an adoption panel (“the central list”), including— (a) one or more social workers who have at least three years' relevant post-qualifying experience, and (b) the medical adviser to the adoption agency (or at least one if more than one medical adviser is appointed).

Adoption agencies - preparation and implementation of written policy Duty

Where a local authority is an adoption agency it must, in consultation with such persons in the central list as the agency considers appropriate and, to the extent specified in regulation 8(4) with the agency's medical adviser, prepare and implement written policy and procedural instructions governing the exercise of the functions of the agency and an adoption panel in relation to adoption and such instructions shall be kept under review and, where appropriate, revised by the agency.

Adoption agencies - removal from adoption panel members list Power

Where a local authority is an Adoption Agency and is of the opinion that a person included in the central list is unsuitable or unable to remain in the list the agency may remove that person's name from the list by giving them one month's notice in writing with reasons.

Adoption agencies - request to be removed as panel member Duty

Where a local authority is an Adoption Agency, it must remove a person who is included in the central list who has asked to be removed from the central list by giving one month's notice in writing.

Adoption panel - child referred by adoption agency Duty

Where a local authority is an adoption agency its adoption panel must: (1) consider the case of every child referred to it by the adoption agency and make a recommendation to the agency as to whether the child should be placed for adoption. (2) in considering what recommendation to make the adoption panel must have regard to the duties imposed on the adoption agency under [section 1(2), (4) and (6)]1 of the Act (considerations applying to the exercise of powers in relation to the adoption of a child) and– (a) must consider and take into account the reports and any other information passed to it in accordance with regulation 17; (b) may request the agency to obtain any other relevant information which the panel considers necessary; and (c) must obtain legal advice in relation to the case. (3) Where the adoption panel makes a recommendation to the adoption agency that the child should be placed for adoption, it must consider and may at the same time give advice to the agency about– (a) the arrangements which the agency proposes to make for allowing any person contact with the child; and (b) where the agency is a local authority, whether an application should be made by the authority for a placement order in respect of the child.

Adoption support services - review Duty

The local authority must review the provision of adoption support services if any change in the person’s circumstances which may affect the provision of adoption support services comes to their notice or at such stage in the implementation of the plan as they consider appropriate or in any event, at least annually.

Advances for building agreements Power

A local authority may for the benefit of its area advance money in pursuance of a building agreement.

Advances for development of land Power

A local authority may for the benefit of its area advance money to any person for the acquisition of land or the erection of a building

Advances of remuneration to deceased employees Power

A local authority may forego the recovery of advances of remuneration paid to deceased employees in certain circumstances.

Advertising - misleading and comparative advertising Duty

A weights and measures authority has a duty to enforce regulations regarding control of advertising which is misleading under regulation 3 and comparative advertising which is not permitted under regulation 4 by such established means as it considers appropriate having regard to all the circumstances of the particular case.

Agricultural products - enforcement of grading and marketing regulations Duty

A local authority must enforce the provisions of the Act.

Air pollution - Crown premises Duty

A local authority must report certain emissions from Crown premises or vessels to the appropriate Minister

Air pollution - exemption for purposes of investigations and research Power

A local authority may issue a notice in writing exempting or limiting the extent of certain sections of the Act for the purposes of investigations or research

Air pollution - information for the Secretary of State Duty

A local authority must comply with directions regarding the provision of air pollution information for use by the Secretary of State.

Air pollution - notices requiring information Power

A local authority may serve a notice requiring an occupier of certain premises to give them certain information regarding the emission of pollutants or other substances into the air from the premises.

Air pollution - obtaining information Power

A local authority may take various steps to obtain information about the emission of pollutants.

Air pollution - research and publicity Power

A local authority may incur expenditure for the purposes of research of or publicity into air pollution.

Air quality - County Council recommendations Power

A local authority being a County Council may make recommendations to a District Council in relation to air quality reviews n its area for that District Council to consider.

Air quality - management areas Duty

A local authority shall designate an area identified as part of a review as failing to meet air quality standards as an air quality management area. This designation may be amended or revoked as a result of a further review.

Air quality - review Duty

A local authority shall from time to time conduct a review of air quality within its area.

Airports - control over constitution and activities of public airport companies Duty

It shall be the duty of the controlling authority of a public airport company to exercise their control over the company so as to ensure that at least three of the directors of the company, or at least one-quarter of their number (whichever is less), are full-time employees of the company who are suitably qualified to act as directors of the company by virtue of their experience in airport management and ensure that the company does not engage in activities in which the controlling authority have no power to engage, or permit any subsidiary of the company to engage in any such activities.

Airports - direction to form a company Duty

The Secretary of State may give to any principal council who control (whether alone or jointly with one or more other principal councils) an airport to which this section applies in accordance with section 14, a direction requiring the council to form a company for the purpose of carrying on— (a) the business of operating the airport as a commercial undertaking; and (b) any activities which appear to the council to be incidental to or connected with carrying on that business.

Airports - financial backing for establishment and operations of public airport companies Power

A principal council shall have power to make loans to any associated company, or to guarantee loans made to any associated company by any other person, for the provision of working capital

Airports - other local authority capital controls and Wales Duty

It shall be the duty of the controlling authority of a public airport company to exercise their control over the company so as to ensure that the company appoints as auditors of the company only persons who are approved for appointment as such auditors

Airports - powers of investment and disposal in relation to public airport companies Power

a principal council shall have power at any time to subscribe for, take up, acquire or dispose of any securities of any associated company and a local authority shall have power, with the consent of the Secretary of State, to acquire securities of any company which carries on the business of operating an airport as a commercial undertaking and is not an associated company

Airports - provision of services for public airport companies Power

A principal council shall have power to enter into an agreement with any associated company, or with any subsidiary of an associated company, for the provision by the council for professional or technical services

Airports - transfer of airport undertakings of local authorities Duty

Where a principal council have formed a company to transfer the airport undertakings to, the council shall, before such date as the Secretary of State may specify in a direction given to the council, submit to the Secretary of State a scheme providing for the transfer to the company of any property, rights or liabilities of the council, or of any subsidiary of theirs, which it appears to the council to be appropriate to transfer to that company.

Alarm notification areas - designation Power

A local authority may designate the whole or any part of its area as an alarm notification area but must comply with the prescribed procedure when so doing.

Alarm notification areas - information about receipts Duty

A local authority must comply with regulations and must supply the appropriate person with information about its use of fixed penalty receipts.

Alarm notification areas - power of entry Power

An authorised officer of a local authority may enter premises to turn off an alarm subject to certain conditions.

Alarm notification areas - warrant of entry Power

A local authority may having complied with the specified conditions make an application to a magistrate's court for a warrant to allow an authorised officer to enter premises by force to turn off an alarm.

Alarm notification areas - withdrawal of designation Power

A local authority may withdraw the designation of the whole or any part of its area as an alarm notification area but must comply with the prescribed procedure when so doing.

Alarm notification areas- fixed penalty notice Power

An authorised officer of a local authority may issue a fixed penalty notice in the prescribed form if it appears that an individual has committed an offence in connection with an alarm notification area.

Alarm notification areas- powers on entry to premises Power

An authorised officer of a local authority has additional powers when entering premises.

Alarm notification areas- request for personal details Power

An authorised officer of a local authority may require an individual who he suspects of an offence in connection with an alarm notification area may require that individual to give him his name and address.

Alarm notification areas- use of receipts Power

A local authority may use the receipts from fixed penalty notices issued under section 73 for certain purposes.

Alcohol - designated public place Power

A local authority may designate a place as a designated public place in certain circumstances associated with alcohol related disorder

Alcohol - effect of designated public place on byelaws Duty

A local authority must have regard to the effect of section 15 relating to byelaws.

Alcohol - enforcement of unlicensed premises closure orders Power

An officer authorised by the local authority may enter a premises and take reasonable steps to enforce a closure order.

Alcohol - termination of unlicensed premises closure orders Duty

A local authority must terminate a closure order when they are satisfied that the need for it has ceased.

Alcohol - unlicensed premises closure notice Power

Where a local authority is satisfied that any premises in the area of the authority are being, or within the last 24 hours have been, used for the unauthorised sale of alcohol for consumption on, or in the vicinity of, the premises, the authority may serve a closure notice in respect of the premises.

Alcohol - unlicensed premises closure order Power

A local authority may, where a closure notice has been served, apply for a closure order in relation to unlicensed premises involved in the sale of alcohol.

Alcohol and entertainment licencing - register Duty

A local authority must prepare, maintain, make available for inspection a register of licensed premises and other licences and provide copies of documents for which a fee may be charged.

Alcohol and entertainment licensing - acknowledgement of temporary event notice Duty

A local authority must acknowledge a properly formulated temporary event notice in the required timescale.

Alcohol and entertainment licensing - change of registered address for club premises certificate Duty

A local authority must amend a club premises certificate when notified in the proper form of a change of address.

Alcohol and entertainment licensing - closure notice for persistently selling alcohol to children Power

An officer authorised by a local authority may issue a closure notice in the prescribed form in certain circumstances in respect of a premises that persistently sells alcohol to children.

Alcohol and entertainment licensing - club premises certificate applications Duty

A local authority must grant a club premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing - club premises certificate review Duty

A local authority must review a club premises licence if certain conditions and prescribed requirements are met or may reject the application if they are not.

Alcohol and entertainment licensing - club premises certificate update Duty

Where the relevant licensing authority, in relation to a club premises certificate, makes a determination or receives a notice under this Part, or an appeal against a decision under this Part is disposed of,the relevant licensing authority must make the appropriate amendments (if any) to the certificate and, if necessary, issue a new summary of the certificate.

Alcohol and entertainment licensing - convictions after grant or renewal of personal licence Duty

A local authority must notify the Chief officer of police and consider revocation of licence in relation to certain convictions.

Alcohol and entertainment licensing - copy personal licence Duty

Where the relevant licensing authority receives an application for a copy personal licence it must issue the licence holder with a copy of the licence (certified by the authority to be a true copy) if it is satisfied that the licence has been lost, stolen, damaged or destroyed, and where it has been lost or stolen, the holder of the licence has reported the loss or theft to the police.

Alcohol and entertainment licensing - counter notice where temporary event notice limit exceeded Duty

A local authority must issue a counter notice to a temporary events notice in certain circumstances where permitted limits on the number of temporary event notices have been exceeded.

Alcohol and entertainment licensing - early morning alcohol restriction order Power

A local authority may make, vary or revoke an early morning alcohol restriction order in certain circumstances.

Alcohol and entertainment licensing - enforcement of prohibition on sale of alcohol to children Duty

A local authority must enforce sections 146 and 147 of the Act prohibiting sales of alcohol to children.

Alcohol and entertainment licensing - exercise and delegation of functions Duty

A local authority must delegate certain licensing functions to its licensing committee and the committee must discharge those functions on behalf of the authority.

Alcohol and entertainment licensing - form of personal licence Duty

A local authority must issue a personal licence in the prescribed form.

Alcohol and entertainment licensing - inspection of premises for grant of premises licence Power

An officer authorised by a local authority may inspect a premises before the grant of a licence and take such other steps as are required.

Alcohol and entertainment licensing - inspection prior to grant of club premises certificate Power

An authorised officer of a local authority may inspect premises before the grant of a certificate.

Alcohol and entertainment licensing - issue of copy temporary event notice Duty

A local authority must issue a replacement temporary event notice in certain circumstances where an acknowledged temporary event notice is lost, stolen, damaged or destroyed and that the premises user has reported that loss or theft to the police.

Alcohol and entertainment licensing - licensing committee Duty

A local authority must establish a licensing committee.

Alcohol and entertainment licensing - minor variation to premises licence Duty

A local authority must consider applications for minor variations to a premises licence and grant or reject the variations as relevant according to conditions specified in the regulations.

Alcohol and entertainment licensing - modification of temporary event notice Power

A local authority may modify a temporary event notice in certain circumstances.

Alcohol and entertainment licensing - name or rule change for club premises certificate Duty

A local authority must amend a club premises certificate when notified in the proper form of a change of name or a change of club rules.

Alcohol and entertainment licensing - personal licence applications and renewals Duty

A local authority must grant or renew a personal licence or reject the application in certain circumstances and take certain prescribed steps

Alcohol and entertainment licensing - premises licence determination Duty

A local authority must grant a premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing - premises licence interim authority notice Duty

Where a premises licence lapses as a result of death, incapacity or insolvency of the holder but no application for the transfer of the licence has been made the local authority must grant an application for an interim authority notice if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing - premises licence provisional statement Duty

A local authority must issue a provisional statement for a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing - proceedings for offences Power

A local authority may bring proceedings for certain offences under the Act.

Alcohol and entertainment licensing - re-instatement of premises licence Duty

A local authority must re-instate a premises licence if certain conditions and prescribed requirements are met and take such other steps as are required.

Alcohol and entertainment licensing - request for production of temporary event notice Power

An officer authorised by a local authority may request the production of the temporary events notice in certain circumstances.

Alcohol and entertainment licensing - request to inspect personal licence Power

An officer authorised by a local authority may inspect a personal licence in certain circumstances.

Alcohol and entertainment licensing - request to produce club premises certificate Power

An authorised officer of a local authority may require production of the club premises certificate in certain circumstances.

Alcohol and entertainment licensing - review of premises licence Duty

A local authority must review a premises licence subject to certain conditions and prescribed requirements and take such other steps as are required.

Alcohol and entertainment licensing - review of premises licence following closure order Duty

A local authority must review a premises licence when a closure order has been made and take certain prescribed steps when so doing.

Alcohol and entertainment licensing - right of entry where temporary event notice given Power

An officer authorised by a local authority may enter a premises which is subject to a temporary events notice in certain circumstances.

Alcohol and entertainment licensing - rights of entry to investigate licensable activities Power

An officer authorised by a local authority may enter premises, subject to certain circumstances, to investigate licensable activities.

Alcohol and entertainment licensing - sub-committees Power

A local authority may create licensing sub-committees to discharge certain licensing functions.

Alcohol and entertainment licensing - suspension of club premises certificate Duty

A local authority must suspend a club premises certificate if the annual fee is not pad.

Alcohol and entertainment licensing - suspension of premises licence Duty

A local authority must suspend a premises licence where the annual pay has not been paid subject to certain conditions and prescribed requirements and take such other steps as are required.

Alcohol and entertainment licensing - transfer of premises licence Duty

A local authority must grant an application for transfer of a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing - transfer of premises licence interim effect Duty

A local authority must give an application for transfer of a premises licence interim effect if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing - update of personal licence document Duty

A local authority must update a personal licence in certain circumstances.

Alcohol and entertainment licensing - update of premises licence Duty

Where the relevant licensing authority, in relation to a premises licence, makes a determination or receives a notice under this Part, a premises licence lapses under this Part, or an appeal against a decision under this Part is disposed of,the relevant licensing authority must make the appropriate amendments (if any) to the licence and, if necessary, issue a new summary of the licence.

Alcohol and entertainment licensing - variation to club premises certificate Duty

A local authority must vary a club premises licence if certain conditions and prescribed requirements are met or reject if they are not.

Alcohol and entertainment licensing - variation to premises licence Duty

A local authority must vary a premises licence if certain conditions and prescribed requirements are met or reject if they are not and take such other steps as are required.

Alcohol and entertainment licensing - withdrawal of club premises certificate Duty

Where a club holds a club premises certificate, and it appears to the relevant licensing authority that the club does not satisfy the conditions for being a qualifying club in relation to a qualifying club activity to which the certificate relates, the authority must give a notice to the club withdrawing the certificate, so far as relating to that activity.

Alcohol and entertainment licensing - conditions on temporary event notice Power

A local authority may impose conditions upon a temporary event notice in certain circumstances.

Alcohol and entertainment licensing - counter notice to temporary event notice Duty

A local authority must serve a counter notice to a temporary event notice in certain circumstances.

Alcohol and entertainment licensing - general duties of licensing authorities Duty

A local authority must in carrying out its functions have regard to the licensing objectives the licensing statement and the Guidance of the Secretary of State.

Alcohol and entertainment licensing - policy statement Duty

A local authority must for each 5 year period consult upon, formulate and publish a licensing policy statement.

Allotments - acquisition of land Power

A local authority may purchase, let or compulsorily purchase land for the purpose of providing allotments.

Allotments - compensation for termination of tenancy Duty

A local authority must pay compensation, in certain circumstances, to the tenant when terminating an allotment tenancy.

Allotments - determination of tenancy Duty

A local authority must follow a prescribed procedure in order to terminate an allotment tenancy

Allotments - entry on to unoccupied land Power

A local authority may enter on to unoccupied land in certain circumstances to utilise the same for allotments.

Allotments - improvement or adaptation of land Power

A local authority may improve or adapt land for use as allotments, including the adaptation or construction of certain buildings.

Allotments - letting of land Power

A county council may let land acquired or appropriated by the council for small holdings for cultivation as an allotment, or to a local authority or association

Allotments - lettings Power

A local authority may continue to let certain land as allotments.

Allotments - management Power

A local authority may appoint and remove allotment managers.

Allotments - provision Duty

A local authority must provide and let allotments in certain circumstances and consider certain representations made regarding the provision of allotments.

Allotments - provision for letting Power

A local authority may let allotments in the manner prescribed.

Allotments - purchase of land Power

A local authority may purchase land for use in future allotments with the approval of the Minister of Health.

Allotments - recovery of rent and repossession Power

A local authority may take action to recover rent or repossess the allotment in certain circumstances.

Allotments - rent Power

A local authority may charge rent for land let as allotments pursuant to the 1908 Allotments Act.

Allotments - rules for letting Power

A local authority may make rules regarding its allotments and must publicise the same.

Allotments - sale of Land Duty

A local authority wishing to sell land bought or appropriated for use as allotments may not do so without obtaining the consent of the Minister of Agriculture and Fisheries to the sale.

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