Decision details

Regulations made under the Public Health (Control of Disease) Act 1984 - Delegated Authority to Enforce

Decision Maker: Leader of the Council

Decision status: Recommendations approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Summary of the Report Considered by the Leader of the Council

 

The Secretary of State has made a number of sets of 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 and requirements on business and individuals, along with restrictions on gatherings and access to public places, as identified in the legislation. These pieces of legislation will be referred to collectively as the ‘Coronavirus Regulations’.

 

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.

 

Decision:

That the Head of Service with responsibility for Environmental Health be authorised to exercise the Council’s powers, duties and functions with regard to all of the legislation identified collectively as the Coronavirus Regulations, including any subsequent and future provisions.

Reasons for the decision:

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

Alternative options considered:

To not authorise the Head of Service with responsibility for Environmental Health to exercise the Council’s powers, duties and responsibilities with regard to all of the legislation identified collectively as the Coronavirus Regulations, including any subsequent and future provisions. This is not the recommended option as it would not enable the Council to effectively enforce these regulations.

Wards Affected: (All Wards);

Urgent item?: Yes

Publication date: 12/11/2020

Date of decision: 12/11/2020

Accompanying Documents: