Decision details

Summary of the Report considered by the Leader of the Council

This report recommends that the Head of Service with responsibility for Environmental Health be authorised to exercise the Council’s powers, duties and functions with regard to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

This will enable the Council to effectively enforce the health protection regulations with regard to coronavirus and business closures.

The Secretary of State has made Regulations in exercise of powers under the Public Health (Control of Disease) Act 1984, in response to the current public health risk posed by the situation with regards to coronavirus. These regulations place restrictions on business, gatherings and movements of the public, as identified in the legislation.

The Secretary of State has powers to designate enforcement bodies to deal with any non-compliance.  Given local authority environmental health and trading standards’ existing relationships and expertise in dealing with these business sectors, local authorities have been designated as enforcers of related elements of these regulations. 

To use these powers effectively, the Council will need to delegate them to appropriate officers. As they are not a matter reserved to Council or otherwise restricted, they fall within the Executive powers of the Council, which the Leader of the Council has the authority to delegate. In keeping with the Council’s Officer Scheme of Delegation, it is therefore recommended that the powers be delegated to the Head of Service with responsibility for Environmental Health, who can then delegate them to other officers as appropriate.

That the Head of Service with responsibility for Environmental Health be authorised to exercise the Council’s powers, duties and functions with regard to the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020.

A signed approval of the decision is available for inspection upon request.

The decision enables the Council to effectively enforce the health protection regulations with regard to coronavirus and associated restrictions.

Option 1: To authorise the Head of Service with responsibility for Environmental Health to exercise the Council’s powers, duties and responsibilities with regard to the Health Protection (Coronavirus, Restrictions) Regulations 2020. This is the recommended option as it will enable the Council to effectively enforce these regulations.

Option 2: To not authorise the Head of Service with responsibility for Environmental Health to exercise the Council’s powers, duties and responsibilities with regard to the Health Protection (Coronavirus, Restrictions) Regulations 2020. This is not the recommended option as it will not enable the Council to effectively enforce these regulations.