Agenda item

Law of Property Act 1925

S.146

To serve forfeiture notice on behalf of the council

Head of development and corporate landlord

S.147

To serve and receive notices on behalf of the council on relief from forfeiture

Head of development and corporate landlord

Landlord and Tenant Act 1927

S.23

To serve and receive notice on behalf of the council

Head of housing and environment

Public Health Act 1936 (as amended)

S.45

Defective sanitary conveniences

Head of housing and environment

S.50

Overflowing cesspools

Head of housing and environment

S.79

To serve notice to require removal of noxious matter

Head of housing and environment

S.83

Service of any Notices for the taking of any other action for the cleansing of filthy or verminous premises.

Head of housing and environment

S.84 and S.85(2)

To serve notice requiring remedial action where there are filthy and verminous premises, persons or articles

Head of housing and environment

S.290 – S.191 and S.300

Works in default

Head of housing and environment

National Assistance Act 1948 (as amended)

S.47

Taking people in need of care and attention to a suitable place

Medical officer/community physician

Prevention of Damage by Pests Act 1949

S.2 – S.7

Control of rats and mice

Head of housing and environment

National Assistance (Amendment) Act 1951

S.1(1)

Certification of the need for a person in need of care and protection to be removed to suitable premises without delay

Medical officer/community physician

S.1(3)

The person who may make application to court of summary jurisdiction or to a single justice to obtain an order authorising the removal of a person in need of care and protection

Landlord and Tenant Act 1954

S.24 – S.28

To serve and receive notices on behalf of the council on business tenancy renewals/terminations

Head of development and corporate landlord

S.66

To serve and receive notices on behalf of the council

Head of housing and environment

S.40

To serve and receive notices on behalf of the council to request information from a tenant

Head of development and corporate landlord

Milk and Dairies (General) Regulations 1959 (as amended)

Reg.20

Milk treatment orders

Medical officer/community physician

Public Health Act 1961

S.17

Blocked drains

Head of housing and environment

S.34

Accumulation of rubbish

Head of housing and environment

S.36

Service of any Notices for the taking of any other action for the cleansing of filthy or verminous premises.

Head of housing and environment

S.37

Controlling verminous things to include seizing articles

Head of housing and environment

Local Government Act 1972

S.13 (3)

Appointment as a parish trustee

Head of legal and democratic   

Local Government Act 1972

S.83 (1) to (4)

Witness and receipt of declaration of acceptance of office

Head of legal and democratic       

S.84 (1)

Receipt of notice of resignation of councillor

Head of legal and democratic   

S.88 (2) and schedule 12

Convening a meeting of Council to fill casual vacancy in the office of Chair

Head of legal and democratic   

S.89 (1) (b)

Filling of casual vacancy

Returning officer

Local Elections (Parishes and Communities) rules 1986

Request for an election to fill a casual vacancy in respect of parish councils

Returning officer

S.96 (1) and (2)

Receipt of notices and recordings of disclosures of interests

Head of legal and democratic   

S.99

Convening of meetings

Head of legal and democratic   

S.100 and schedule 12A

Access to information

Head of legal and democratic   

S.100 (except 100D)

Admission of public (including press) to meetings

Head of legal and democratic   

S.100D

Listing background papers for reports and making copies available for the public to look at

Head of legal and democratic   

S.215

To receive notices on behalf of the council relating to closed churchyards

Head of development and corporate landlord

Local Government (Access to Information) Act 1985

S.100D (1)A

Compilation of lists of background papers

Each head of service for their service area reports

Section 100D (5)A

Identification of background papers

Each head of service for their service area reports

Local Government Act 1972

S.115 (2)

Receiving money due from officers

Chief finance (section 151) officer

S.146(1)(a) and (b)

Declarations and certificates with regard to transfer of securities

Chief finance (section 151) officer

S.151

Financial administration

Chief finance (section 151) officer

S.173 - S178

Keeping of records of councillors’ allowances

Head of legal and democratic   

S.191

To receive applications to undertake OS work under the Ordnance Survey Act, 1841

Head of planning               

S.204

Receipt of Licensing applications and make the appropriate representations in respect of the same

Head of housing and environment

S.210

To exercise powers in respect of charities

Head of housing and environment

S.214(3) and Article 9 of the Local Authorities' Cemeteries Order 1974

To grant exclusive rights of burial and sign the necessary certificate.

Head of housing and environment

S.223

Authorisation (appearance by persons other than solicitors in legal proceedings)

Head of legal and democratic   

S.225

Deposit of documents

Head of legal and democratic   

S.228

Inspection of documents

Head of legal and democratic   

Local Government Act 1972

S.228(3)

Accounts for inspection by any member of the council

Chief finance (section 151) officer

S.229(5)

Certification of photographic copies of documents

Head of legal and democratic   

S.234

Authentication of documents

Head of legal and democratic / senior lawyer

S.236(9) and (10)

Sending of copies of byelaws to parish councils, parish meetings and county council

Head of legal and democratic   

S.238

Certification of byelaws

Head of legal and democratic   

S.248

Keeping a list of Freemen

Head of legal and democratic   

S.251 and schedule 29

Exercise all functions of any enactment passed before or during the same session of Parliament as the passing of the LGA 1972

Head of legal and democratic   

S.270

Except in the case of financial powers or matters, to act as the proper officer in respect of any other statute where specific arrangements have not been made in the scheme

Head of legal and democratic   

Various Sections

Any requirement in relation to parish authorities specified in the Act (or other legislation).

Head of legal and democratic   

Local Government Act 1972

Schedule 12

para 4 (2) (b)

Signing of summons to Council meeting

Head of legal and democratic   

Schedule 12

para 4 (3)

Receipt of notice regarding address to which summons to meeting is to be sent

Head of legal and democratic   

Schedule 14

Para 25

Certification of resolution passed under this paragraph

Head legal and democratic

Schedule 16

Para 28

Deposit of lists of buildings of special architectural or historic interest

Head of planning       

Schedule 16

S.191(2)

Applications under Section 1 of the Ordnance Survey Act 1841

Head of planning       

The purposes of issuing planning decision notices and for all building regulation purposes

Head of planning

Schedule 16

Receipt of deposit lists of protected buildings

Head of planning       

Schedule 29

Adaptations, modifications and amendments of enactments.

Head of legal and democratic   

Part VA

Access to information

Head of legal and democratic   

Health and Safety at Work Act 1974

S.19 – S.25 / 39

Appointment of and termination of appointment of Inspectors and various enforcement powers

Head of corporate services

Local Government Act 1974

S.30 (5)

To give notice that copies of a Local Commissioner’s (Ombudsman) report are available

Chief executive

Control of Pollution Act 1974

S.60 – S.61

Construction site noise

Head of housing and environment

Local Land Charges Act 1975

S.9

To act as local registrar for the registration of local land charges and the issue of official search certificates

Head of legal and democratic   

Local Government (Miscellaneous Provisions) Act 1976

S.16

Requests to obtain particulars of persons interests in land

Heads of service

S.41 (1)

To certify copy resolutions, orders, reports and minutes and copy instruments appointing officers to perform certain functions

Head of legal and democratic   

Local Authorities Cemeteries Order 1977 (as amended)

Article 10

To sign exclusive rights of burial

Head of housing and environment

Refuse Disposal (Amenity) Act 1978 (as amended)

S.2A

Fixed penalty notice in respect of abandoned vehicles

Head of housing and environment

Wildlife and Countryside Act 1981

S.28 – S.29

To receive notices on behalf of the council relating to notification of proposed Sites of Special Scientific Interest

Head of Planning

S.53

To receive notices on behalf of the council relating to Definitive Map Modification Orders to amend the alignment of public footpaths

Head of development and corporate landlord

Local Government (Miscellaneous Provisions) Act 1982

S.13 – S.17

Skin piercing

Head of housing and environment

S.27

Repair of drains, private sewers etc.

Head of housing and environment

S.35

Blocked private sewers

Head of housing and environment

Local Government (Miscellaneous Provisions) Act 1982

Control of sex establishments

Head of housing and environment

Representation of the People Act 1983

S.28

Acting returning officer at Parliamentary Elections

Returning officer

S.67(1)

Receipt of appointment of election agents

Returning officer

S.67(6)

Publication of names and addresses of agents

Returning officer

S67(7)(b)

Appropriate officer for local election purposes

Returning officer

S.81(1)

Receipt of return of election expenses

Returning officer

S.82(1)

Receipt of declaration of election expenses

Returning officer

S.87A(2)

Delivery of copy of returns to Electoral Commission

Returning officer

S89(3)

Copy and inspections of returns and declarations.

Returning officer

S.131

Providing accommodation for holding election count

Returning officer

Building Act 1984

S.59 – S.61

Authorisation of repair, reconstruction or alteration of drains

Head of planning

S.64 – S.65

Replacement of sanitary conveniences

Head of planning

Building Act 1984

S.78

To act as “the surveyor” empowered to take and authorise emergency action in respect of damaged and dangerous buildings.

Head of planning

S.84

Paved yards

Head of planning

S.93

Authentication of documents

Head of planning

County Courts Act 1984

S.60(2)

Rights of audience in the County Court before district judge

Head of legal and democratic   

Public Health (Control of Disease) Act 1984

S.11

Cases of notifiable disease and food poisoning to be reported

Medical officer/ community physician

S.11

To receive certificates from medical practitioners concerning patients suffering from notifiable diseases and to take all other action necessary relating to those certificates

Head of housing and environment

S.18

Obtaining information from any occupier of premises concerning any person suffering from a notifiable disease or food poisoning

Head of housing and environment

S.20

Stopping of work to prevent spread of disease

Medical officer/community physician

S.21

Exclusion from school of child liable to convey notifiable disease

Medical officer/community physician

Public Health (Control of Disease) Act 1984

S.22

List of day pupils at school having case of notifiable disease

Medical officer/community physician

S.23

Exclusion from places of entertainment

Medical officer/community physician

S.24

Control of infected articles intended to be washed at laundry or wash houses

Head of housing and environment

S.25

Library books

Head of housing and environment

S.26

Infectious matter not to be placed in dustbins

Head of housing and environment

S.29

To issue certificates in respect of houses or rooms to be let after being properly disinfected following a case of a notifiable disease

Medical officer/community physician

S.31

Certification by officer of need for disinfection of premises

Head of housing and environment

S.32

Certification by officer of need to remove person from infected house

Head of housing and environment

S.34

Duty of owner etc. of public conveyance

Head of housing and environment

S.35

To obtain a Justice’s Order requiring a person to be medically examined

Medical officer/community physician

Public Health (Control of Disease) Act 1984

S.36

Medical examination of group of persons believed to comprise carrier of notifiable disease

Medical officer/community physician

S.37

To obtain a Justice’s Order requiring a person with notifiable disease to be removed to hospital

Medical officer/community physician

S.38

To obtain a Justice’s Order requiring detention in hospital of a person with a notifiable disease

Medical officer/community physician

S.39 – S.40

Getting a warrant to examine residents of a common lodging house

Medical officer/community physician

S.42

Closure of common lodging house on account of notifiable disease and certifying a common lodging house to be free from infection

Medical officer/community physician

S.43

Certifying that the body of someone who dies in hospital from a notifiable disease must not be moved except taken to a mortuary or immediately buried or cremated

Medical officer/community physician

S.48

Removal of body to mortuary or for immediate burial and certifying that it would be a health risk to keep a body in a building

Medical officer/community physician

S.49 – S.51

Regulations concerning canal boats

Head of housing and environment

Public Health (Control of Disease) Act 1984

S.59

Authentication of documents relating to matters within his province

Medical officer/community physician

S.61

Power of entry

Medical officer/community physician

Food Act 1984

S.8

Enforcement of provision relating to working conditions

Head of housing and environment

S.28

Service of notice to prevent spread of disease by ice-cream

Head of housing and environment

S.31

Service of notice requiring food not to be used for human consumption where it appears to be infected

Head of housing and environment

Housing Act 1985

S.265

Demolition Order

Head of housing and environment

S.289

Clearance Area Declaration

Head of housing and environment

S.300

Determination to Purchase

Head of housing and environment

Local Elections (Principal Area) Rules 1986

All

All functions

Returning officer / electoral registration officer

Local Elections (Parishes and Communities) Rules 1986

rules 46, 47 and 48

Keeping documents after and election and making them available for the public to look at

Returning officer / electoral registration officer

Landlord and Tenant Act 1987

S.3

To serve notice on behalf of the council for a landlord to notify residential tenants when the landlord wishes to sell the freehold

Head of development and corporate landlord

S.5

To serve notice on behalf of the council for a landlord to offer residential tenants first right of refusal when the landlord wishes to sell the freehold

Head of development and corporate landlord

S47 – S48

To serve notice on behalf of the council requiring the identity of the freeholder to be given to tenants

Head of development and corporate landlord

Public Health (Infectious Diseases) Regulations 1988

Reg.6

Special reporting of infectious diseases

Medical officer/community physician

Public Health (Infectious Diseases) Regulations 1988

Reg. 8

Statistical returns

Medical officer/community physician

Reg.9

Prevention of spread of disease

Medical officer/community physician

Reg.10

Immunisations and vaccination

Medical officer/community physician

Reg.11

Measures against rats

Medical officer/community physician

schedule 3

Typhus and relapsing fever

Medical officer/community physician

schedule 4

Food poisoning and food borne infections

Medical officer/community physician

Local Government and Finance Act 1988

S.112 – S.115, S.115A

Responsible officer for the purposes of the financial administration of the council’s affairs

Chief finance (section 151) officer

S.116

Responsibility for notifying the external auditor of arrangements for a meeting to consider a report from the chief finance officer under this Act

Head of paid service

Local Government and Housing Act 1989

S.2(4)

Maintenance and review of the council's List of Politically Restricted Posts

Head of paid service

S.4

Functions as head of paid service.

Head of paid service

Local Government and Housing Act 1989

S.5

Functions of monitoring officer within the meaning of this section of the Act

Monitoring officer

S.15 - 17

Allocating seats on committees

Head of legal and democratic   

S.18

Arrangements in respect of the scheme of members’ allowances

Chief finance (section 151) officer / head of legal and democratic

S.19

Arrangements in respect of the register of members’ interests

Head of legal and democratic   

Part 7

Declaration of renewal areas

Head of housing and environment

Environmental protection Act 1990 (as amended)

S.6 – S.15

Prescribed processes

Head of housing and environment

S.78

Contaminated land

Head of housing and environment

S.79 – S.82

Statutory nuisance

Head of housing and environment

S.88

Fixed penalty notices for leaving litter

Head of housing and environment

S.149 – S.150

Officer responsible for dealing with stray dogs in the area and maintaining a register of dogs seized

Head of housing and environment

Food Safety Act 1990

S.9

Seizure of food

Head of housing and environment

S.29 – S.30

Sampling food

Head of housing and environment

S.11, S37 –S.39

Improvement / prohibition notices

Head of housing and environment

Food Safety Act 1990

S.49(3)

To sign documents on behalf of the authority

Head of housing and environment

Town and Country Planning Act 1990

S.215

Waste land

Head of planning       

Planning (Listed Buildings and Conservation Areas) Act 1990

To serve notices in relation to Listed Buildings and Conservation Areas

Head of Planning

Local Government (Committees and Political Groups) Regulations 1990

Regs.8, 9, 10, 13 and 14

Dealing with political balance on committees and nominations to political groups

Head of legal and democratic   

Water Industry Act 1991

S.80 – S.83

Private water supply

Head of housing and environment

Clean Air Act 1993

S.1 – S.2

Prohibition of dark smoke

Head of housing and environment

S.51 and S.56

To exercise all functions conferred by these sections

Head of housing and environment

Leasehold Reform, Housing and Urban Development Act 1993

S.13

To receive notices on behalf of the council regarding an initial notice by tenants to exercise their collective enfranchisement

Head of development and corporate landlord

S.21

To serve notice on behalf of the council regarding a landlord’s counter notice to s13

Head of development and corporate landlord

S.42

To receive notices on behalf of the council regarding the extension of long leases for residential

Head of development and corporate landlord

S.45

To serve notice on behalf of the council regarding the landlord’s response to S.42

Head of development and corporate landlord

S.166

To serve notice on behalf of the council regarding the requirement for a landlord of residential premises (long leases) to serve notice on tenants requiring rent to be paid

Head of development and corporate landlord

Criminal Justice and Public Order Act 1994

S.77 – S.80

Removal of unauthorised encampments

Head of housing and environment

Environment Act 1995

S.80

Local air quality management

Head of housing and environment

S.84

Air quality management areas

Head of housing and environment

Dogs (Fouling of Land) Act 1996

S.4

To issue fixed penalty notices

Head of housing and environment

Noise Act 1996 (as amended)

S.8

Fixed penalty notices in respect of noise nuisance

Head of housing and environment

Party Wall Act 1996

S.10(8)

To act as the ‘appointing officer’ as required by of the Party Wall Act 1996

Head of planning

Party Wall Act 1996

S.10

To select a third surveyor, if required, during a neighbour dispute about building projects

Head of planning

Local Government (Contracts) Act 1997

S.3

Signing certificates in respect of certified contracts

Head of legal and democratic   

S.4

To maintain a register of certificates in respect of certified contracts to be open to public inspection

Head of legal and democratic   

Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR)

All

Ensuring compliance with the statutory provisions and principles of the Act

Head of legal and democratic

Crime and Disorder Act 1998

S.5

To work in partnership with the police and other responsible bodies to reduce crime

Head of housing and environment

S.17

To consider crime and disorder implications of any decisions

Head of housing and environment

S.115

Power to disclose information in the interest of community safety and other purposes of the Act

Head of housing and environment

Local Government Act 2000

S.34

Determine whether a petition is valid

Electoral registration officer

S.99 and S.100

Regarding councillors’ allowances and having regard to all relevant regulations, including The Local Authorities (Members’ Allowances (England) Regulations 2003.

Head of legal and democratic   

Local Government Act 2000

Various

Dealing with the holding of referendums

Returning officer / electoral registration officer

All other responsibilities in the Act and any subordinate legislation

Head of legal and democratic   

Local Government Act 2000: Section 22: The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012

All proper officer responsibilities under these regulations, including: publishing forthcoming executive key decisions, exception notices, agendas, reports and related documents, excluding exempt/confidential information, and recording executive decisions.

Head of legal and democratic

Freedom of Information Act 2000

S.36

Application from exemption disclosure

Head of legal and democratic

Regulation of Investigatory Powers Act 2000 (RIPA)

S.27 – S.29

Designation of officer empowered to grant authorisations for the carrying out of directed surveillance and authorise the use of covert human intelligence sources under the Act

Heads of service

Local Authorities (Referendums) (Petitions and Directions) Regulations 2000 (as amended)

Reg. 4 and 5

Publishing the verification number of local government electors for the purpose of petitions under S.34 of the Local Government Act 2000

Electoral registration officer

Local Authorities (Referendums) (Petitions and Directions) Regulations 2000 (as amended)

Reg.8 and all others

Amalgamation of petitions

Electoral registration officer

Local Authorities (Standing Orders) (England) Regulations 2001

schedule 1

Part II

Giving notice of appointments and dismissal of officers to the Cabinet in accordance with the Regulations

Head of corporate services

Private Security Industry Authority Act 2001

Enforcement of actions by licensed door supervisors

Head of housing and environment

Criminal Justice and Police Act 2001

S.19(2)

Power of closure where the sale of alcohol if not in accordance with any authorisation

Head of housing and environment

The Representation of the People (England and Wales)

(Amendment) Regulations 2002

Reg.107

Decisions on whether or not any particular proposed use of the electoral register meets the legislative requirements

Electoral registration officer

Money Laundering Regulations 2003

Reg 7

Nominated officer to receive disclosures about suspected money laundering

Chief finance (section 151) officer

Anti-Social Behaviour Act 2003 (as amended)

S.40

Immediate closure if there is a public nuisance caused by noise and closure is necessary to prevent it

Head of housing and environment

Anti-Social Behaviour Act 2003 (as amended)

S.43

To issue penalty notices for graffiti and flyposting

Head of housing and environment

Accounts and Audit Regulations 2003

All Regs

All responsibilities

Chief finance (section 151) officer or person nominated by him/her under Section 114 of the Local Government Finance Act 1988 where the chief finance officer is unable to act

Commonhold and Leasehold Reform Act 2003

S.20

To serve notice on behalf of the council regarding the consultation procedure for qualifying works – residential only

Head of development and corporate landlord

Housing Act 2004

S.239

Determining if a survey or examination is necessary

Head of housing and environment

Part 1

Enforcement of Housing Standards

Head of housing and environment

Part 2

Licensing of Houses in Multiple Occupation

Head of housing and environment

Part 3

Selective licensing of residential accommodation

Head of housing and environment

Housing Act 2004

Part 4

Additional controls in relation to residential accommodation

Head of housing and environment

Part 6

Other provisions about housing

Head of housing and environment

Part 7

Supplementary and final provisions

Head of housing and environment

The Clean Neighbourhoods and Environment Act 2005

Part 2

Nuisance parking

Head of housing and environment

Part 3

Litter

Head of housing and environment

The Clean Neighbourhoods and Environment Act 2005

Part 4

Fly posting

Head of planning       

S.59

Dog control fixed penalty notices

Head of housing and environment

Food Hygiene Regulations 2006

Reg.6

Hygiene improvement notice

Head of housing and environment

Reg.7

Hygiene prohibition orders

Head of housing and environment

Reg.8

Hygiene emergency prohibition orders

Head of housing and environment

Reg.9

Remedial action/detention notice

Head of housing and environment

Reg.12

Food sampling

Head of housing and environment

Reg.14

Powers of entry

Head of housing and environment

Reg.17

Food premises registration

Head of housing and environment

Smokefree (Premises and Enforcement)

Regulations 2006

Enforcing smokefree legislation in premises and vehicles

Head of housing and environment

Criminal Justice and Police Act 2006

S.14

Broader definition of S.17 of the Crime and Disorder Act 1998, to consider crime and disorder implications of any decisions, to include anti-social behaviour

Head of housing and environment

S.22

To share depersonalised data

Head of housing and environment

Localism Act 2011

S29

Establishment and maintenance of the register of councillors’ interests including co-opted members

Monitoring officer

Localism Act 2011

S33

To receive requests for dispensations under section 33 of the Act

Monitoring officer

General Data Protection Regulations 2018

All

To act as the council’s data protection officer under the General Data Protection Regulations

Head of legal and democratic