48LPrinciples for allocation of decision-making responsibilities of unitary authority

1. Decision-making responsibility for any non-regulatory activity of the unitary authority within a local board area must be allocated by the governing body—

2. to either the governing body or the local board for that area; and
3. in accordance with the principles set out in subsection (2); and
4. after considering the views and preferences expressed by the local board.

5. The principles are—

6. decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by the local board for that area unless paragraph (b) applies:
7. decision-making responsibility for a non-regulatory activity of the unitary authority within a local board area should be exercised by its governing body if the nature of the activity is such that decision making on a district-wide basis will better promote the interests of the communities in the district because—
   1. the impact of the decision will extend beyond the local board area; or
   2. effective decision making will require alignment or integration with other decisions that are the responsibility of the governing body; or
   3. the benefits of a consistent or co-ordinated approach in the district will outweigh the benefits of reflecting the particular needs and preferences of the communities within the local board area.

8. The long-term plan and each annual plan must identify the non-regulatory activities of the unitary authority for which decision-making responsibility is allocated to 1 or more local boards as set out in clauses 17A and 21A of Schedule 10.

Notes

• Section 48L: inserted, on 8 August 2014, by section 17 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).