Issue details
Regulations made under the Public Health (Control of Disease) Act 1984 - Delegated Authority to Enforce
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 type: Non-key
Decision status: Recommendations Approved
Wards affected: (All Wards);
Notice of proposed decision first published: 12/11/2020
Decision due: 12 Dec 2020 by Leader of the Council
Lead member: Leader of the Council
Decisions
- 12/11/2020 - Regulations made under the Public Health (Control of Disease) Act 1984 - Delegated Authority to Enforce
Agenda items
- 19/11/2020 - Executive Delegated Authority to Enforce Legal Provisions Relating to Coronavirus, Made Under The Public Health (Control of Disease) Act 1984, Including All Associated and Subsequent Regulations 19/11/2020
- 10/12/2020 - Council Council Procedure Rule 5.15 10/12/2020
Documents
- Restricted enclosure View reasons restricted