Decisions and Recommendations

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.

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.

RESOLVED that members of the Press and public be excluded from the meeting for the following items of business under Section 100A(4) of the Local Government Act 1972 on the grounds that:

i) it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A of the Act; and

ii) the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED, the report and observations made by the Overview and Scrutiny Committee were noted.

RESOLVED to approve the minutes of the meeting held on 15 October 2020 as a correct record and the minutes would be signed as soon as reasonably practical.