Decision details

To review and amend a delegation to the Head of Regulatory Services in light of the new Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 now in force

Decision Maker: Chief Executive

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To ensure the existing delegation to the Head of Regulatory Services reflects all powers set out in new legislation introduced as a result of the Covid-19 pandemic and that the delegation is fit for such purposes.

Decision:

To amend the following delegation to the Head of Regulatory Services in light of the new Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 now in force –

Regulatory and Trading Standards Services – Functions and Responsibilities

Power to the Head of Regulatory Services to:

(a) authorise and/or direct officers of this Authority and/or any other East Midlands authority to carry out investigations (including the taking of samples and making test purchases), to issue warrants and/or credentials, to carry out enforcement, and to issue notices or give directions in accordance with legislation in force for the time being and, subject to the concurrence of the Director of Law and Governance, to institute, prosecute, appear in and defend proceedings (both civil and criminal) and issue fixed penalty notices in accordance with the approved enforcement policy;

[Note: this delegation has been reviewed and updated to reflect additional enforcement responsibilities arising from the Covid-19 pandemic, and in particular the responsibilities to respond to a serious and imminent threat to public health in accordance with The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020]

Alternative options considered:

The granting of a new delegation by the Cabinet. This was not considered necessary or appropriate given the existing powers to the Head of Regulatory Services and the minor changes required to ensure that delegation remained fit for purpose in light of the new Regulations now in force.

Contact: John Sinnott Email: john.sinnott@leics.gov.uk.

Publication date: 29/07/2020

Date of decision: 29/07/2020