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You are here: Home | Council, government and democracy | Democratic Information | Policies | Constitution | Part 3 - Responsibility for Functions | Section 10 - 2. Schedule of Delegated Powers

Section 10 - 2. Schedule of Delegated Powers

Officer(s)

Legislation

Enabling/Delegation From

Power

Authorising Minute

HOF

Accounts & Audit Regulations 1996
Council - s.151 LGA1972

Responsibility for maintaining an adequate and effective
system of internal audit of accounting records and control
systems.

264(a)/96
260/05

HOCNS, EHOs, EHPs,
LO, LT, HST, HSO

Animal Boarding Establishments Act 1963 and Regulations made thereunder
Licensing Committee

Appointment as duly authorised officer to undertake
duties.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs
1963 - Section 1

Animal Boarding Establishments Act of
conditions
Licensing Committee

Issue of Licences and actions for failure to licence or
breach

135/95
278/05
23/06

HOPD



Enforcement Officers,
all DC Team Leaders/
Planning Officers/
Planning Assistants/
Technical Assistants and
the Planning Advice
Officer


Enforcement Officers,
all DC Team Leaders/
Planning Officers/
Planning Assistants/
Technical Assistants
and the Planning Advice
Officer

Anti-Social Behaviour Act 2003 - Part 8
(Council)


Anti-Social Behaviour Act 2003 - Section 74








Anti-Social Behaviour Act 2003 - Section 77


All functions relating to high hedges.



Authority to enter land to determine various issues relating
to high hedges







Authority to enter land to take default action following
non-compliance with a high hedges remedial notice.

47(iii)/05



198/05








198/05

HOCNS, EHOs, EHPs,
LO, LT, HST, HSO

Breeding of Dogs Act 1973 as amended by the Breeding of Dogs (Welfare) Act 1999 and
Regulations made thereunder
Licensing Committee

Appointment as duly authorised officers to undertake
duties.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs

Breeding of Dogs Act 1973 - Section 1 as
amended by the Breeding of Dogs (Welfare)
Act 1999
Licensing Committee

Issue of Licences and actions for failure to licence or
breach of conditions.

135/95
278/05
23/06

HOCNS, CommSM,
Relevant TL, EHT,
AEHT

Building Act 1984
Cabinet

Appointment as duly authorised officers to undertake
duties

382/98
C156/05
C170/06
11/06

HOPD

Building Act 1984 - Section 8 (2)
Cabinet

To approve applications for the relaxation or dispensation
of Building Regulations where no objections and the Ward representative does not request otherwise.

135/95
C156/05

HOPD

Building Act 1984 - Section 16
Cabinet

To approve or reject plans submitted under the Building
Regulations.

135/95
C156/05

HOPD

Building Act 1984 - Section 25
Cabinet

Service of Notices prohibiting occupation where water
supply has not been installed.

135/95
C156/05

HOPD

Building Act 1984 - Section 35
Cabinet

To instigate immediate legal proceedings for fines under
the Building Regulations through the Magistrates Court.

135/95
C156/05

HOPD

Building Act 1984 - Section 36
Cabinet

Service of Notices under Section 36 of Building Act 1984
- removal/alteration of work not conforming with
Regulations or carried out notwithstanding plan rejections.

135/95
C156/05

HOCNS, Relevant TL,
EHOs, EHPs, EHT,
AEHT

Building Act 1984 - Section 59
Cabinet

Authority to serve Notices in respect of unsatisfactory
drainage etc to buildings.
Authority for officers employed out of hours to issue
abatement notices and instigate action.

135/95
299(b)/99
C156/05
C170/06
11/06






HOCNS, CommSM,
Relevant TL, EHOs,
EHPs

Building Act 1984 - Section 64
Cabinet

Authority to serve Notices in respect of provision of closets
in buildings.

135/95
C156/05
C170/06
11/06

HODNS, CommSM,
Relevant TL, EHOs,
EHPs

Building Act 1984 - Section 66
Cabinet

Power to require replacement of earth closets etc. and to
pay part expenses.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,

Building Act 1984 - Section 76
Cabinet

Power to serve Notices requiring urgent remedying of
defective premises.

135/95
C156/05
C170/06
11/06

HOPD, Building Control
Manager, Principal
Building Control Surveyor,
Senior Building Control
Surveyor

Building Act 1984 - Sections 78 & 81 (1)
Council (Proper Officer) - s.270(3) LGA1972

Authority to act as Proper Officer in relation to emergency measures to be undertaken and service of Notices on
those undertaking demolition.

135/95
260/05
340/07

HOPD

Building Act 1984 - Section 79
Cabinet

Authority to serve Notices relating to ruinous and
dilapidated buildings and neglected sites.

135/95
C156/05

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs

Building Act 1984 - Section 84
Cabinet

Power to serve notices requiring remedial works for the
paving and drainage of yards and passages.

382/98
C156/05
C170/06
11/06

HOCNS

Caravan Sites and Control of Development Act
1960 and Regulations made thereunder
Licensing Committee

Appointment as duly authorised officers to undertake
duties.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
PSHT, EHT

Caravan Sites and Control of Development Act
1960 - Section 1
Licensing Committee

Institution of Proceedings in respect of contravention of
the Act.

135/95
278/05
23/06

HOHP, HTM, HOCNS,
CommSM, EHOs,
EHPs, PSHT, EHT

Caravan Sites and Control of Development Act
1960 - Section 3
Licensing Committee

Issue of licences and actions for failure to licence or
breach of conditions.

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
PSHT, EHT

Caravan Sites and Control of Development Act
1960 - Section 9
Licensing Committee

Authority to institute proceedings for offences.

135/95
278/05
23/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, CSM,
DW

Civic Amenities Act 1967 and Regulations
thereunder
Cabinet

Appointment as duly authorised officers to undertake
duties.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Cinemas Act 1985
Licensing Committee (to be repealed by the
Licensing Act 2003)

Issue of Licences and actions for failure to licence or
breach of conditions

135/95
278/05
23/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Clean Air Act 1993
Cabinet

Authority to take all necessary action under the provisions
of the Act.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs,
EHTA, EHT, AEHT

Contaminants in Food (England) Regulations
2003 - Regulations 4, 8, and 9
Cabinet

Powers of inspection, enforcement and service of notices
in respect of food

C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Control of Pesticides Regulations 1986
Cabinet

Enforcement of provisions.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM

Control of Pesticides Regulations 1986
Cabinet

Institution of legal proceedings.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Control of Pollution Act 1974 & Regulations
made thereunder
Cabinet

Appointment as duly authorised officers to undertake
duties including control of noise on construction sites,
prior consent for works on construction sites, and
execution of works by Local authority in default
(sections 60, 61 and 69)

382/98
C156/05
C170/06
11/06

HOS

Control of Substances Hazardous to Health
Regulations 1999 Cabinet (as employer) any
building under the Head of Service's control

Responsibility for carrying out and implementing control of substances hazardous to health assessments

135/95
C156/05

HOCNS, CommSM,
EHOs, EHPs, LO,
LT, HST, HSO, EHTA

Control of Substances Hazardous to Health
Regulations 1999
Licensing Committee

Enforcement responsibilities.

135/95
278/05
23/06

HOCNS, HOHP

Crime and Disorder Act 1998 - s.1
Cabinet

Authority to apply to the Court for an Anti-Social
Behaviour Order

C156/05
C170/06
11/06

HOCNS

Criminal Justice & Public Order Act 1994
Cabinet

To take all steps necessary to secure the removal of
persons residing unlawfully in vehicles and to leave the
land and remove their vehicles and any other property.

182/99
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs


HOCNS in consultation
with portfolio holder


HOCLMS

Criminal Justice & Public Order Act 1994 -
Section 77 and 78
Cabinet


Criminal Justice and Police Act 2001 -
Section 13
Council

Criminal Justice and Police Act 2001 -
Section 13
Council

To take all steps necessary to secure the removal of
illegally parked caravans & other vehicles from land.



Determination of applications for designation of public
places in respect of anti-social drinking.


Making of designation orders following approval of
application(s).

382/98
C156/05
C170/06
11/06

20/07



20/07

HOHP

Criminal Law Act 1977
Cabinet

Implementation of action to recover possession of
properties occupied by trespassers.

135/95
C156/05

HOCNS, CommSM,
EHOs, EHPs, O, LT,
HST, HSO, EHTA

Dangerous Wild Animals Act 1976 &
Regulations made thereunder
Licensing Committee

Appointment as duly authorised officers to undertake
duties.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs, LT

Dangerous Wild Animals Act 1976 - Section 1
Licensing Committee

Issue of Licences and actions for failure to licence or
breach of conditions

135/95
278/05
23/06

HCNS, CommSM, NSM,
DW, DoW

Dogs (Fouling of Land) Act 1996
Cabinet

Authority to authorise individuals employed as contractors
by South Holland District Council or by Parish Councils to
issue fixed penalty notices.

379(e)/98
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs, NSM,
DW, DoW

Dogs (Fouling of Land) Act 1996
Cabinet

Authority to undertake all aspects of enforcement of the
Act.

379(d)/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, DW & CSM

Environmental Protection Act 1990 -
Sections 87 and 88
Cabinet

Institution of legal proceedings for leaving litter.

382/98
C156/05
C170/06
11/06

HOCNS

Environmental Protection Act 1990 -
Sections 87 and 88
Cabinet

Authority to authorise officers of the Council to issue
Fixed Penalty Notices to fly tippers and litterers.

C171/05
C170/06
11/06

PCSO's

Environmental Protection Act 1990 -
Sections 87 and 88
Cabinet

Authority to issue Fixed Penalty Notices to fly tippers and
litterers.

C171/05

HOCNS

Environmental Protection Act 1990
Cabinet

Review of zoning arrangements in respect of litter and
refuse.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Environmental Protection Act 1990 &
Regulations made thereunder
Cabinet

Appointment as duly authorised officers to undertake
duties.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, NSM,

Environmental Protection Act 1990 - Section
149
Council (Proper Officer) - s.270(3) LGA1972

Proper Officer functions for the seizure of stray dogs.

135/95
260/05
16/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs

Environmental Protection Act 1990 - Part I
Cabinet

Authority to determine applications for authorisation and
take appropriate action.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM
Relevant TL, EHOs,
EHPs, EHT, AEHT

Environmental Protection Act 1990 - Part III
Cabinet

Authority to deal with Statutory Nuisance Procedures.
Authority for officers to issue abatement notices and
instigate action.

135/95
299(b)/99
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT

Environmental Protection Act 1990 -
Schedule 3 (para 2A)
Cabinet

Authority to appoint a locksmith and removal contractor
for purpose of Schedule 3 (para 2A).

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs, EHT,
PSHT

Environmental Protection Act 1990 -
Section 79.1(a) and Section 80
Cabinet

Authority to deal with matters in Houses in Multiple
Occupation that are prejudicial to health or cause a
statutory nuisance.

346(b)(iii)/97
C156/05
C170/06
11/06

HOCNS, CommSM

Environmental Protection Act 1990 -
Section 81(A)
Cabinet

Authority to serve Notices relating to expenses
recoverable from owners under S.81(A).

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Environment Act 1995
Cabinet

Authority to take all necessary action under the provisions
of the Act.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Environment Act 1995 - Section 108
Cabinet

Authority to exercise powers of entry.

382/98
215/01
C156/05
C170/06
11/06

HOCNS, CommSM

Environment Act 1995 - Section 108
Cabinet

Authority to approve persons acting on the Council's
behalf to enter land under the provisions of Section 108,
such approval to be in writing for a specified time and
purpose.

215/01
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT



HOCNS, CommSM,
Relevant TL, EHOs,
EHPS, EHT, AEHT,
EHTA

Environment Act 1995 - Section 109
Cabinet




European Communities Act 1972
Cabinet

Authority to deal with cause of imminent danger or serious
pollution.




To enforce and execute the provisions of the Act and
any Regulations having effect by virtue of the
European Communities Act 1972.
To instigate legal proceedings under any provisions of the
Act or any Regulations having effect by virtue of the
above Act.

382/98
C156/05
C170/06
11/06




HOCNS, CommSM

Food & Environment Protection Act 1985 (as
amended) - S.19 and Sch. 2
Cabinet

a) Enforcement of provisions
b) Institution of legal proceedings

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs

Food & Environment Protection Act 1985 (as
amended) - Part III
Cabinet

Enforcement of provisions.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA
EHT, AEHT


HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 5
Cabinet




Food Safety Act 1990 - Section 6
Cabinet

Authority to deal with all matters arising.





To enforce and execute the provisions of the Act and
the Regulations made thereunder.
To instigate legal proceedings under any provisions of 
the Act or any Regulations or Orders for the purposes of
their respective duties under them.

382/98
298(a)/99
C156/05
C170/06
11/06

137/98
298(a)/99
C156/05
C170/06
11/06
382/98

 

 

 

 

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA
EHT, AEHT

Food Safety Act 1990 - Section 9
Cabinet

Inspection and seizure of suspected food.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 10
Cabinet

Issuing Improvement Notices.

135/95
398(d)/97
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA

Food Safety Act 1990 - Section 11
Cabinet

Service of copies of Prohibition Orders

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA

Food Safety Act 1990 - Section 12
Cabinet

Issuing of and Application for Emergency Prohibition
Notices and Orders

135/95
398(d)/97
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 14
Cabinet

Institution of legal proceedings relating to the selling of
food not of the nature, substance or quality demanded.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 15
Cabinet



Food Safety Act 1990 - Section 17
Cabinet

Institution of legal proceedings relating to falsely
describing or presenting food.



Enforcement of community provisions.

382/98
C156/05
C170/06
11/06



HOCNS, CommSM,
EHOs, EHPs, EHTA

Food Safety Act 1990 - Section 19
Licensing

Registration and licensing of food premises, and action
taken in (i) breach of licence conditions or (ii) without the
benefit of a licence.

278/05
23/06

Public Analyst

Food Safety Act 1990 - Section 27
Council (Proper Officer) - s.270(3) LGA1972

Appointment as Public Analyst.

398(e)/97
260/05

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 29
Cabinet

Procurement of samples.

382/98
298(a)/99
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 32
Cabinet

Power of Entry.

382/98
298(a)/99
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 49
Cabinet

Forms and authentication of Documents.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990 - Section 50
Cabinet

Service of Documents.

382/98
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL,
EHOs, EHPs, EHTA,
EHT, AEHT

Food Safety Act 1990
Cabinet

Enforcement of ensuing Regulations and Codes of
Practice made under the Act.

382/98
298(a)/99
C156/05
C170/06
11/06

HOCLMS

Freedom of Information Act 2000 S.2
Council

Determination of exempt information for the purposes of
Freedom of Information requests after applying the public
interest test.

260/05

MO/CX



CX, Corporate
Directors, HOCNS,
CommSM, TL

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EHPs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL, EPHs,
EHOs, LOs, LTs,
Technical Assistants,
AEHT, Student EHOs

CX, Corporate
Directors, HOCNS,
CommSM, TL

Freedom of Information Act 2000 S.36
Council


Gambling Act 2005 S.157(a) and 197
Licensing


Gambling Act 2005 S.162 - 165
Licensing





Gambling Act 2005 S.187
Licensing





Gambling Act 2005 S.188 - 189
Licensing





Gambling Act 2005 S.204 - 205
Licensing





Gambling Act 2005 S.214 - 219
Licensing





Gambling Act 2005 - Schedule 12
Licensing





Gambling Act 2005 - Parts 10, 12 & 13
and Schedules 10, 12, 13 & 14
Licensing




Gambling Act 2005 - Schedule 13
paragraph 16
Licensing




Gambling Act 2005 S.304
Licensing





Gambling Act 2005
Licensing


Qualified person for purposes determining exemptions
under S.36 (inhibiting advice, exchange of views and
conduct of public affairs)


Authority to make representations, to apply for a review
of a premises licence on behalf of the Licensing
Authority

Applications for premises licence - determination
of (where no representations received or
representations withdrawn)




Application for variation to a licence -
determination of (where no representations
received or representations withdrawn)




Application for transfer of a licence -
determination of (where no representations
received from the Commission)




Provisional statements (where no
representations received or representations
withdrawn)




Temporary use notices - consideration of






Club Gaming Permits and club machine
permits - determination of (where no
objections made or objections withdrawn)




Other permits - determination of






Cancellation of licensed premises
gaming machine permits





"Authorised person" for purposes of section
304(1), (2), (3) and (4)(b)





Authority to instigate legal proceedings for
any offences under the Gambling Act 2005
and associated regulations

260/05



31/07



31/07






31/07






31/07






31/07






31/07






31/07






31/07






31/07






31/07






31/07

HOCNS, CommSM,
EHOs, EHPs, LO, LT,
CNS.CA

Game Act 1831 and Game Licences Act 1860
(As amended)
Licensing

Issue of Game Dealers Licences and actions for failure to
licence or breach of conditions

347/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs, LT,
LO, HST

Gaming Act 1968
Licensing (to be repealed by the Licensing Act
2003)

Issue of Licences and actions for failure to licence or
breach of conditions

135/95
278/05
23/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT

Gas Oil (Sulphur Content) Regulations 1994
Cabinet

Authority to take all necessary action under the provisions
of the Regulations.

135/95
C156/05
C170/06
11/06

HOCNS

Goods Vehicles (Licensing of Operators)
Regulations 1995
Licensing Committee

Authority to sign letters of objection.

278/05
23/06

HOCNS, CommSM,
EHOs, EHPs, LO

Guard Dogs Act 1975 & Regulations made
thereunder
Licensing Committee

Appointment as duly authorised officer to undertake duties

135/95
278/05
23/06

HOCNS, CommSM,
HST, EHOs, EHPs, LO,
LT, EHTA, HSO

Health and Safety at Work Act 1974 -
Section 19
Licensing Committee

Appointment of Inspectors in accordance with Section 19
to carry out "relevant statutory provisions".

382/98
298(b)/99
278/05
23/06

HOCNS, CommSM,
HST, EHOs, EHPS, LO,
LT, EHTA, HSO

Health and Safety at Work Act 1974 -
Section 20
Licensing

Powers of Inspectors.

382/98
298(b)/99
278/05
23/06

HOCNS, CommSM,
LO, LT, HST, EHOs,
EHPs, HSO

Health and Safety at Work Act 1974 -
Section 21
Licensing

Service of Improvement Notices.

135/95
398(b)/97
278/05
23/06

HOCNS, CommSM,
LO, LT, HST, EHOs,
EHPs, HSO

Health and Safety at Work Act 1974 -
Section 22
Licensing

Service of Prohibition Notices.

135/95
398(b)/97
278/05
23/06

HOCNS, CommSM,
LO, LT, HST, EHOs,
EHPs, HSO

Health and Safety at Work Act 1974 -
Section 25
Licensing

Deal with articles or substances of imminent danger.

135/95
398(c)/97
278/05
23/06

HOCNS, CommSM,
LO, LT, HST, EHOs,
EHPs, HSO

Health and Safety at Work Act 1974 -
Section 38
Licensing

Authorisation of Inspectors to institute legal proceedings
under this Section.

135/95
278/05
23/06

HOCNS, CommSM,
LO, LT, HST, EHOs,
EHPs, HSO

Health and Safety at Work Act 1974 -
Section 39
Licensing

Authorisation of Inspectors to prosecute in a magistrates
court.

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs

Health and Safety at Work Act 1974
Licensing

Authority to permit persons to accompany appointed
officers as appropriate.

135/95
278/05
23/06

HOPD

Hedgerows Regulations 1997
DC

Authority to determine applications for the removal of
hedgerows.

309/97
298/05

HOCNS, CommSM

Highways Act 1980 - Section 154
Cabinet

Authority to deal with overhanging trees affecting footway
lighting and to serve Notice on owners/occupiers of
affected land.

550/95
C156/05
C170/06
11/06

HOCNS, CommSM,
LO, LT, HST, HSO,
EHOs, EHPs,
CNS.CA

House to House Collections Act 1939
Licensing

Approval of House to House Collections.

135/95
278/05
23/06

HOCNS, ESM,
Relevant TL, EHOs,
EHPs, CH (TA)

Housing Acts 1957 to 1996 & Regulations
Cabinet

Appointment as duly authorised officers to undertake
duties made thereunder

382/98
C156/05
C170/06
11/06

HOHP, HSM, HOM

Housing Act 1985 - Section 84 and Schedule 2
and Chapter II of Housing Act 1996
Cabinet

To seek possession through the County Court on matters
of housing management and to determine enforcement of
any Possession Order granted.

421/98
C156/05

HOHP, HSM, HOM,

Housing Act 1985 - Section 84 and Schedule 2
Cabinet

The determination of all Court action to be taken in cases
of broken agreements with the Rent Arrears Panel from
service of Notice of Seeking Possession to application for
a County Court Possession Order and the enforcement of
that Order.

135/95
C156/05

HOHP, HSM, HOM,

Housing Act 1985 - Section 84 and Schedule 2
Cabinet

Authority to sign Notices of Seeking Possession

229/01
C156/05

HOHP, HOM, HSM

Housing Act 1985 - Sections 87, 88 & 89
Cabinet

To determine applications to succeed to the tenancy of
ground floor and disabled persons accommodation from
those persons not immediately in need of such
accommodation.

135/95
C156/05

HOHP, HOM, HSM

Housing Act 1985 - Sections 91 & 92
Cabinet

Determination of applications for assignment of tenancies
and mutual exchanges.

135/95
C156/05

HOHP, HOM, HSM

Housing Act 1985 - Section 96
Cabinet

To determine all matters with regard to the Right to Repair legislation.

135/95
C156/05

HOHP, HOM, HSM

Housing Act 1985 - Section 97
Cabinet

To determine decisions with regard to requests from
tenants to carry out improvements to properties.

135/95
C156/05

HOHP, HSM, HOM

Housing Act 1985 - Section 105
Cabinet

To determine matters for consultation with tenants.

135/95
C156/05

HOCLMS, MSM

Housing Act 1985 - Section 123
Cabinet

Determination of Sharing Members under Right to Buy
Scheme.

135/95
C156/05

HOCLMS, MSM

Housing Act 1985 - Sections 124 & 125
Cabinet

Determination of Right to Buy eligibility and discount.

135/95
C156/05

HOHP, HOM, HSM

Housing Act 1985 - Section 184
Cabinet

To determine the exclusion of additional land and/or
garden areas within a Right to Buy application.

135/95
C156/05



















HOCN

Housing Act 1985 - S. 264 & 265
Cabinet

Authority to issue demolition orders

C156/05
C170/06
11/06

HOCNS, CommSM

Housing Act 1985 - Sections 271 & 272
Cabinet

Authority to carry out default procedure upon vacant
properties the subject of outstanding or future Demolition
Orders.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL

Housing Act 1985 - Section 273
Cabinet

Notice requiring cleansing from vermin before demolition.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM

Housing Act 1985 - Section 274
Cabinet

Demolition Order - Power to permit reconstruction of
condemned house and subsequent revocation of Order.

135/95
C156/05
C170/06
11/06









HOCNS, CommSM

Housing Act 1985 - Section 330
Cabinet

Power to issue licence permitting temporary overcrowding
in exceptional circumstances.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs

Housing Act 1985 - Section 338
Cabinet

Power to serve notice requiring the abatement of
overcrowding.

135/95
C156/05
C170/06
11/06

































































HOHP, HOM

Housing Act 1996 (Allocations Policy)
Cabinet

To determine applicants with a need to live in specific
areas or property design due to exceptional circumstances
and to offer appropriate accommodation.

86(j)/97
C156/05

HOHP, HOM

Housing Act 1996 (Allocations Policy)
Cabinet

To determine eligibility for admission to the Housing
Register.

86(l)/97
C156/05

HOHP, HOM

Housing Act 1996 (Allocations Policy)
Cabinet

To determine decisions to remove applicants from the
housing register as a result of failure to provide
information, change of circumstances, non-return of
annual review forms or where applicants become ineligible
for inclusion on the housing register.

86(m)/97
C156/05















HOHP, HSM, HSO

Housing Act 1996 (Allocations Policy)
Cabinet

To review decisions made by officers in Housing Services

86(o)/97
C156/05

HOHP, HSM, HOM,
HMO, HSO

Housing Act 1996 (Allocations Policy)
Cabinet

To determine all decisions in relation to applications
received from homeless persons including the most
appropriate method of discharging the Council's duty.

421/98
C156/05

HOHP, HSM, HOM

Housing Act 1996 (Domestic Violence Policy)
Cabinet

To determine which cases should proceed with regard to
seeking possession of a property held under a secure
tenancy where domestic violence has occurred.

530(b)/97
C156/05

HOHP, HSM, HOM


HOHP, HSM, HOM





HOCNS, CommSM,
TL, EHO's, EHP's CH (TA)


HOCNS, CommSM, TL


HOCNS, CommSM, TL



HOCNS, CommSM, TL



HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL


HOCNS, CommSM, TL

Housing Act 1996 Part VII
Cabinet

Housing Act 1996 - Section 171
Cabinet




Housing Act 2004 & Regulations
made thereunder
Cabinet

Housing Act 2004 - S.11 & 12
Cabinet

Housing Act 2004 - S.20 & 21
Cabinet


Housing Act 2004 - S.28 & 29
Cabinet


Housing Act 2004 - S.30, 32, 72, 234
Cabinet

Housing Act 2004 - S.40
Cabinet

Housing Act 2004 - S.43
Cabinet

Housing Act 2004 - S.102
Cabinet

Housing Act 2004 - S.103
Cabinet

Housing act 2004 - S.113
Cabinet

Housing Act 2004 - S.136


Housing Act 2004 - S.139
Cabinet

To negotiate the leasing of private accommodation for the
temporary housing of homeless persons.

Determination of the action to be taken in cases of
fraudulent housing applications, including deferment or
cancellation of the application or action to recover
possession of a property where a tenancy has already
been granted.

Appointed as duly authorised officers to undertake duties
made thereunder


Authority to serve Improvement Notices


Authority to serve Prohibition Orders



Authority to serve Hazard Awareness Notices



Authority to institute legal proceedings


Authority to serve Notice of emergency remedial action


Authority to serve Emergency Prohibition Orders


Authority to make Interim Management Orders


Authority to make Special Interim Management Orders


Authority to make Final Management Orders


Authority to make a Final Empty Dwelling Management
Order

Service of overcrowding Notices and authority to institute
legal proceedings

421/98
C156/05

421/98
C156/05




















































HOHP

Housing Acts
Cabinet

Signing of waivers with Societies and local solicitors for
lending monies for improvement grant purposes.

135/95
C156/05

HOF

Housing Benefits (General) Regulations 1987 -
Regs 11 & 12
Cabinet

To determine whether claimant is over accommodated
and whether rent allowance should be given on full rent
charged or restricted.

135/95
C156/05

HOCNS

Housing Grants, Construction and Regeneration Act 1996 - Section 24
Cabinet

Authority to approve disabled facilities grants.

421/98
C156/05
C170/06
11/06

HOCNS

Housing Grants, Construction and
Regeneration Act 1996
Cabinet

Disabled Facilities Grants - Determination of cost ceiling
where works to be carried out under maintenance budget
without recourse to grant procedure.

135/95
C156/05
C170/06
11/06

HOCNS

Housing Grants, Construction and
Regeneration Act 1996
Cabinet

Disabled Facilities Grants - Authority to reach agreement
with tenants in respect of removal of equipment provided
for disabled persons and no longer required.

135/95
C156/05
C170/06
11/06

HOCNS

Housing Grants, Construction and
Regeneration Act 1996 - Sections 81 & 84
Cabinet

Authority to serve "Deferred Action" Notices (including
Houses in Multiple Occupation (H.M.O's)).

346(b)(ii)/97
382/98
C156/05
C170/06
11/06

HOF in consultation
with HOCNS

Housing Renovation etc Grants (Reduction of
Grant) Regulations 1994
Cabinet

Authority to assess financial resources of applicant in
accordance with the statutory criteria.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs,
EHTA

Imported Food Regulations 1997 Regulations
5, 6.6 and 7
Cabinet

Powers relating to inspection of food, enforcement and
service of notices

C156/05
C170/06
11/06

HOCLMS, MSM

Landlord and Tenant Act 1954
Cabinet

Authority to sign applications to the Court for the removal
of the protective provisions of the Act.

372/99
C156/05

HOHP

Landlord and Tenant Act 1985
Cabinet

Authority to determine whether tenants be offered a grant
of materials or money as an alternative to repair of
damage following electrical central heating or rewiring.

135/95
C156/05

HOCNS, CommSM,
EHOs, EHPs, LO, LT,
HST, HSO


HOF subject to
notification of HOHP,
Portfolio Holder
and Ward Members

Late Night Refreshment Houses Act 1969 -
Section 3
Licensing Committee


Law of Property Act 1925
Cabinet

Issue of Licences and actions for failure to licence or
breach of conditions



Proceedings for possession of a property due to Mortgage
arrears.

135/95
278/05
23/06


135/95
C156/05

HOCNS, CommSM,
EHOs, EHPs, LO,
LT, HST, EHTA, HSO

Licensing Act 1961 & Regulations made
thereunder
Licensing Committee

Appointment as duly authorised officers to undertake duties.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs

Licensing Act 1964 - Schedule 2
Licensing Committee

Receipt of notices of application for licence.

20(b)/99
278/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application for a personal licence.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application for premises licence / club premises certificate.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application for provisional statement.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application to vary premises licence / club premises
certificate.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application to vary designated premises supervisor.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Request to be removed as designated premises
supervisor.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application for transfer of premises licence.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Application for interim authorities.

196/05
23/06

HOCNS, CommSM,
Relevant TL

Licensing Act 2003
Licensing Committee

Decision on whether a complaint is irrelevant frivolous
vexatious etc.

196/05
23/06

CX, Appropriate
Director, HOCLMS,
ACX

Local Government Act 1972 - Section 2
Council

Sealing of Documents

135/95
358/96
260/05
16/06

CX/HOCLMS

Local Govt. Act 1972 - Section 13(3)
Council (Proper Officer) - s.270(3) LGA1972

Proper Officer to act as Parish Trustee.

135/95
260/05

CX/Appropriate
Director

Local Govt. Act 1972 - Section 83 (1) to (4)
Council

Witness and receipt of declaration of acceptance of office.

135/95
260/05
16/06

CX/Appropriate
Director

Local Govt. Act 1972 - Section 84
Council

Receipt of declaration of resignation of office.

135/95
260/05
16/06


RO

Local Govt. Act 1972 - Sections 86 and 87
Council

Declaration of casual vacancies, and issue of public notice

318/05

CX/Appropriate
Director

Local Govt. Act 1972 - Section 88 (2)
Council

Convening of meeting of Council to fill casual vacancy in
the office of Chairman.

135/95
260/05
16/06

CX/Appropriate
Director

Local Govt. Act 1972 - Section 89 (1)(b)
Council

Receipt of notice of casual vacancy from two local
government electors.

135/95
260/05
16/06

CX, Appropriate
Director, HOCLMS

Local Govt. Act 1972 (as amended) Section
100B (2)
Council (Proper Officer) - s.270(3) LGA1972

Initial determination of exempt matters.

135/95
260/05
16/06

HOCLMS, MSM

Local Govt. Act 1972 (as amended) Section
100B (7) (c)
Council (Proper Officer) - s.270(3) LGA1972

Supply of papers to press.

135/95
260/05

HOCLMS, MSM

Local Govt. Act 1972 (as amended) Section
100C (2)
Council (Proper Officer) - s.270(3) LGA1972

Summaries of minutes of matters dealt with in private
session.

135/95
260/05

CX/Directors,
HOS

Local Govt. Act 1972 (as amended) Section
100D (1) (a)
Council (Proper Officer) - s.270(3) LGA1972

Compilation of list of background papers.

135/95
260/05

CX/Directors,
HOS

Local Govt. Act 1972 (as amended) Section
100D (5) (a)
Council (Proper Officer) - s.270(3) LGA1972

Identification of background papers.

135/95
260/05

CX, Appropriate
Director, HOCLMS

Local Govt. Act 1972 (as amended)
Council (Proper Officer) - s.270(3) LGA1972

Papers not open to members of the Council.

135/95
260/05
16/06

HOF

Local Govt. Act 1972 - Section 115(2)
Council (Proper Officer) - s.270(3) LGA1972

Receipt of monies due from Officers.

135/95
260/05

HOF

Local Govt. Act 1972 - Section 146(1) (a) & (b)
Council (Proper Officer) - s.270(3) LGA1972

Declaration and certificates with regard to securities.

135/95
260/05

HOF

Local Govt. Act 1972 - Section 151
Council

Financial administration.

135/95
260/05

HOCNS, HOHP

Local Government Act 1972 - S.222 and 223
Cabinet

Authority to seek an Injunction through the magistrate's
court in respect of anti-social behaviour

C156/05
C170/06
11/06

CX/Directors and
HOS

Local Govt. Act 1972 - Sections 222 and 223
Cabinet

Appearance of local authority in any legal proceedings.

135/95
C156/05

BRM
SRRO
SBRO
SBCO
RO

Local Govt. Act 1972 - Sections 222 and 223
Local Govt. Finance Act 1988
Local Government Finance Act 1992
Cabinet

Authority to prosecute, defend or appear on SHDC's
behalf before a magistrates court, county court or tribunal
and to serve any necessary notices provided for or
required by the relevant legislation in connection with
administration, recovery and enforcement of business
rates, community charge and council tax.

C104/03
C156/05

HRO

Local Govt. Act 1972 - Sections 222 and 223

Authority to prosecute, defend or appear on SHDC's
behalf before a magistrates court and to serve any
necessary notices provided for or required by the relevant
legislation in connection with the recovery of rent arrears.

C156/05

CIA

Local Govt. Act 1972 - Section 223

Authority to prosecute on SHDC's behalf before a
magistrates court in connection with a fraudulent claim for
housing benefit or Council tax benefit, including
prosecution of offences under The Theft Act 1968.

C156/05

HOCLMS

Local Govt. Act 1972 - Section 225(1)
Council (Proper Officer) - s.270(3) LGA1972

Deposit of documents.

135/95
260/05
16(b)/06

CX/Appropriate
Director/HOCLMS

Local Govt. Act 1972 - Section 229(5)
Council (Proper Officer) - s.270(3) LGA1972

Certification of photographic copies of documents.

135/95
260/05
16/06

CX, Appropriate
Director, HOF,
HOCLMS

Local Govt. Act 1972 - Section 234(1) & (2)
Council (Proper Officer) - s.270(3) LGA1972

Authentication of documents.

135/95
358/96
260/05
16/06

HOCLMS, MSM

Local Govt. Act 1972 - Section 236(10)
Council (Proper Officer) - s.270(3) LGA1972

Byelaws - Proper Officer for receipt and despatch to/from
LCC

135/95
260/05

HOCLMS, MSM

Local Govt. Act 1972 - Section 238
Council (Proper Officer) - s.270(3) LGA1972

Certified copies of byelaws.

135/95
260/05

CX, Appropriate
Director

Local Govt. Act 1972 - Schedule 12,
para 4(2)(b)
Council

Signature of Summonses to Council Meetings.

135/95
260/05
16/06

CX, Appropriate
Director, HOCLMS

Local Govt. Act 1972 - Para 4(3)
Council (Proper Officer) - s.270(3) LGA1972

Receipt of Notices of address to which summons to
meetings be sent.

135/95
260/05
16/06

HOCLMS

Local Government Act 2000 - S.21
Performance Monitoring Panel

Authority determine whether or not call-in an executive
decision on request from any member and in accordance
with the model delegation appended to Part 4, Section 5
of the Constitution

238/05

Appropriate
Director/HOCLMS

Local Government Act 2000 - s.81
SI 3575/2001
Council (Proper Officer) - s.270(3) LGA1972

Maintenance of register of interests and gifts/hospitality

135/95
260/05
16/06

HOF

Local Government Act 2003
Cabinet

Effect movement between separately agreed figures for
borrowing and other long term liabilities, in a similar
fashion to the authorised limit, within the total operational
boundary for any individual year.

C116/04
C156/05

HOF

Local Government Act 2003
Cabinet

Authority to determine applications for small business or
community amateur sports club rate relief.

C156/05

HOCLMS

Local Govt. and Housing Act 1989 -
Section 2(4)
Council (Proper Officer) - s.270(3) LGA1972

Proper Officer for the purpose of Sections 2(2)&(4).
(list of politically restricted posts)

135/95
260/05

CX

Local Govt. and Housing Act 1989 - Section 4
Council

Head of Paid Service.

135/95
260/05

HOCLMS, Legal
Services Manager is
deputy

Local Govt. and Housing Act 1989 - Section 5
Council

Monitoring Officer.

135/95
260/05
16/06


CX

Local Govt. and Housing Act 1989 -
Sections 15, 16 & 17
Council (Proper Officer) - s.270(3) LGA1972

Proper Officer for allocation of seats on committees

135/95
260/05

HOCNS, CommSM

Local Govt. and Housing Act 1989 -
Sections 165 & 166
Cabinet

Unfit and defective housing provisions
(declaration of renewal area and application for subsidy)

382/98
C156/05
C170/06
11/06

HOF

Local Govt. and Rating Act 1997 - Village Shop
Rate Relief Scheme
Cabinet

Authority, where 50% mandatory relief is granted, to grant discretionary relief in respect of a village shop, post office,
petrol filling station or public house up to the value of the
remaining charge from 1/4/01 or such later date as the
HOF considers appropriate

254/01
C156/05

BRM, SRRO

Local Govt. Finance Act 1988 S.44
Cabinet

Determination of application for empty property rate relief
and approving a split between occupied and unoccupied
parts of the property.

C156/05

HOF

Local Govt. Finance Act 1988 - Section 47
Cabinet

Authority to grant discretionary rate relief to qualifying
organisations including schools and colleges in
accordance with Council policy.

165/01 &
118/02
C156/05

HOF

Local Govt. Finance Act 1988 - Section 47
Cabinet

Authority to approve/refuse applications from charities or
other non-profit making organisations for discretionary rate
relief in accordance with Minute Nos. 96(c) and (d)/90.

135/95 &
165/01
C156/05

HOF

Local Govt. Finance Act 1988 - Schedule 4A
Cabinet

Service of Completion Notices - Unoccupied property.

135/95
C156/05

HOF

Local Govt. Finance Act 1988
Cabinet

Authority to enter into agreements with charge payers for
instalment payments to be made.

135/95
C156/05

HOF

Local Govt. Finance Act 1988
Cabinet

Administration of Collection Fund, including payments and
transfers into and out of the fund and investment of
temporary balances on the fund.

135/95
C156/05

HOF

Local Govt. Finance Act 1988
Cabinet

Authority to accept payment for Council Tax by cheque
etc.

135/95
C156/05

HOF

Local Govt. Finance Act 1992
schedules 2, 3, 4 and 9 of the Act
Cabinet

Functions of billing authority.

135/95
C156/05

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, LO, LT,
HST, EHTA, HSO

Local Govt. (Misc Provisions) Act 1976 &
Regulations made thereunder

Appointment as duly authorised officers to undertake
duties.

382/98
C156/05
C170/06
11/06

Appropriate Director,
HOCLMS, HOCNS,
CommSM, EHOs,
EHPs, LO, HST,
EHTA, HSO

Local Govt. (Misc. Provisions) Act 1976 -
Section 16
Cabinet

Information as to ownership of premises.

135/95
C156/05
C170/06
11/06
16/06

HOCNS, CommSM,
EHOs, EHPs, LO,
LT, HST, HSO

Local Govt. (Misc. Provisions) Act 1976 -
Section 20
Licensing

Provision of sanitary appliances at places of public
entertainment.

135/95
278/05
23/06

HOPD

Local Govt. (Misc. Provisions) Act 1976 -
Section 23
DC

Authority to serve notices in respect of dangerous trees.

135/95
298/05

HOHP, HOM, HOCNS

Local Govt. (Misc. Provisions) Act 1976 -
Section 33
Cabinet

To take action under Section 33 in respect of utility
supplies disconnected or so threatened.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs

Local Govt. (Misc Provisions) Act 1976 -
Section 35
Cabinet

Service of Notices and Removal of obstructions from
private sewers. Authority for officers employed on out of
hours stand-by duty to issue abatement notices and
instigate action.

135/95
299(b)/99
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Local Govt. (Misc Provisions) Act 1976 -
Sections 47 & 53
Licensing

Issue of hackney carriage vehicle and hackney carriage
drivers licences and actions for failure to licence or breach
of conditions (but not revoke, suspend or refuse)

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
Relevant TL

Local Govt. (Misc Provisions) Act 1976 -
Sections 48, 51 & 55
Licensing

Issue of private hire vehicle licences, drivers licences &
operators licences and actions for failure to licence or
breach of conditions (but not revoke, suspend or refuse).

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
On instructions of
Licensing Panel

Local Govt. (Misc Provisions) Act 1976 -
Sections 60, 61 & 62
Licensing

Refusal, Revocation & Suspension of hackney carriage
vehicle and drivers licences and private hire operators,
vehicles and drivers licences.

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
Relevant TL

Local Govt. (Misc Provisions) Act 1982 -
Section 1 Schedule 1
Licensing
(To be repealed by Licensing Act 2003)

Issue of Public Entertainment Licences except where any application is required to be referred to the Licensing
Panel for determination in accordance with minute 8/01
and actions for failure to licence or breach of conditions

135/95
8/01
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
Relevant TL

Local Govt. (Misc Provisions) Act 1982 -
Section 2 Schedule 3
Licensing

Issue of Sex Establishment Licences and actions for
failure to licence or breach of conditions

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs,
Relevant TL

Local Govt. (Misc Provisions) Act 1982 -
Sections 14 - 17
Licensing

Registration of Acupuncture, tattooing, ear piercing and
electrolysis and actions for failure to licence or breach of
conditions.

135/95
278/05
23/06

HOHP

Local Govt (Misc. Provisions) Act 1982 -
Section 29
Cabinet

Authority to carry out works necessary to prevent
unauthorised entry to any building in SHDC's area.

135/95
C156/05

HOHP

Local Govt (Misc. Provisions) Act 1982 -
Section 29
Cabinet

Protection of Buildings that need securing.

382/98
C156/05

HOCNS

Local Govt. (Misc Provisions) Act 1982 -
Section 37
Cabinet

Authority to monitor the operation of rival markets within
South Holland and report to Cabinet on any occasion
where damage has been caused to a Council market, and
where legal action was recommended.

373(a)/98
C156/05
C170/06
11/06

HOCNS following
consultation with
Portfolio Holder

Local Govt. (Misc Provisions) Act 1982 -
Section 37
Cabinet

To proceed and continue with such steps, legal
proceedings and actions as may be necessary in the
Council's interest and to protect the Council's Market
rights including any action necessary following receipt
of a notice under s.37

1375/80
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs,
Relevant TL

Local Govt. (Misc Provisions) Act 1982 -
Schedule 4
Licensing

Street Trading - Institution of proceedings and issue of
licences and actions for failure to licence or breach of
conditions.

382/98
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs, LO,
LT, HST, CNS.CA

Lotteries & Amusements Act 1976
Licensing

Registration of Societies undertaking Lotteries
and actions for failure to licence or breach of conditions.

135/95
278/05
23/06

 

 

 


 


 

Proper Officer(s) & HOCNS/CommSM

Milk & Dairies (General) Regulations 1959 -
Reg. 20
Cabinet

Power to prohibit sale of milk not fit for human
consumption.

382/98
C156/05
C170/06
11/06

HOHP, HOM

Mobile Homes Act 1983
Cabinet

Authority to enter into arrangements for the siting of
mobile homes.

421/98
C156/05

HOHP, HOM

Mobile Homes Act 1983
Cabinet

Authority to determine the assignment of arrangements
and collect commission.

421/98
C156/05

Relevant TL

Motor Salvage Operators Regulations 2002
Licensing Committee

Authority to grant Motor Salvage Operators licences where appropriate

331/04
278/05
23/06

HOCNS, CommSM,
Relevant TL

Motor Salvage Operators Regulations 2002
Licensing Committee

Authority to advise applicants where it is proposed that the application should be refused

331/04
278/05
23/06

CIHP, DPH, HOCNS,
CommSM

National Assistance Act 1948 (as amended) -
Section 47
Council (Proper Officer) - s.270(3) LGA1972

Application to court/removal to suitable premises of
persons in need of care and attention. Appointment of
"Proper Officer".

382/98
355/01
260/05
16/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Noise & Statutory Nuisance Act 1993
Cabinet

Authority to take action under the provisions of the Act to
abate any statutory nuisance in the street including
S.80A (2b).

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Noise & Statutory Nuisance Act 1993
Cabinet

Authority to liaise with police and other appropriate
authorities in order to establish operational procedures for
identification of and removal of vehicles or equipment
causing a statutory noise nuisance.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
Relevant TL, EHOs,
EHPs, EHT, AEHT

Noise Act 1996
Cabinet

Authority to enforce provisions of the Act and to sign and
serve notices.

491/96
C156/05
C170/06
11/06

HOF

Non-Domestic Rating (Collection and
Enforcement) (Local List) Regulations
- Reg. 14(5)
Cabinet

Powers to authorise appropriate persons to levy distress
on behalf of the Council, as charging authority, as required
by Regulation 45(5) of The Council Tax (Administration
and Enforcement) Regulations 1992 and Regulation 14(5)
of The Non-Domestic Rating (Collection and Enforcement)
(Local Lists) Regulations 1989.

135/95
C156/05

HOF

Non-Domestic Rating (Collection and
Enforcement) (Local List) Regulations
Council (Proper Officer) - s.270(3) LGA1972

Appointment of Proper Officer

260/05

HOCNS, CommSM,
EHOs, EHPs, HST,
HSO

Offices, Shops & Railway Premises Act 1963
- S.49
Cabinet

Authority to act on behalf of the Council in respect of
OSR1 registrations

382/98
C156/05
C170/06
11/06

HOHP

Party Wall Etc Act 1996
Cabinet

Designation as "appointing officer".

479/98
C156/05

HOCNS, CommSM,
EHOs, EHPs, LT,
LO, HST, HSO, EHTA

Pet Animals Act 1951 & Regulations made
under section 4
Licensing Committee

Appointment as duly authorised officers to undertake
duties.

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs

Pet Animals Act 1951 - Section 1
Licensing Committee

Licensing of premises.

135/95
278/05
23/06

HOCNS, CommSM,
EHOs, EHPs, LO,
LT, HST, HSO, CA

Police, Factories etc (Misc. Provisions) Act
1916
Licensing Committee

Issue of Street Collection permits.

135/95
278/05
23/06

HOCNS, CommSM,
Relevant TL







HOPD and Planning
Manager plus
HOCLMS in
consultation with
HOPD or Planning
Manager

HOPD and Planning
Manager



HOPD and Planning
Manager


Pollution Prevention & Control (England &
Wales) Regulations 2000 as amended
Cabinet






Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 3
DC




Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 23 & 25
DC


Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 38
DC

Authority to:
i) Respond to part A(1) consultations in respect of applications regulated by the Environment Agency.
ii) Determine part A(2) applications under the
Regulations.
iii) Determine part B authorisations (Local Air Pollution
Prevention and Control).


Power to serve building preservation notice






Power to revoke or modify a listed building
consent and related powers



Power to withdraw, waive or relax a listed building
enforcement notice

118/01
C156/05
C170/06
11/06





356/06
16/06





356/06
16/06



356/06
16/06

Planning Manager or
HOCLMS
in consultation with
HOPD or Planning
Manager


HOPD and Planning
Manager, DC Team
Leaders, Enforcement
Officers, Planning
Officers, Planning
Assistants, Technical
Assistants and HOCLMS


HOPD and Planning
Manager



HOPD and Planning
Manager


Planning (Listed Buildings & Conservation
Areas) Act 1990 - Section 38
DC




Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 42
DC






Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 48
DC


Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 54
DC

Service of Requisition for Information & any enforcement
notice where there has been a breach of planning control.





Power to enter land to take action in default of
listed building enforcement notice, and power to
recover expenses and charge the land






Power to serve a repairs notice and to withdraw
a repairs notice



Power to execute urgent works for preservation of
listed building and power to serve notice of intention

135/95
298/05
155/05




356/06
16/06







356/06
16/06



356/06
16/06

HOPD and Planning Manager




HOPD, Planning
Manager and HOCLMS




Enforcement Officers,
all DC Team Leaders/
Planning Officers/
Planning Assistants/
Technical Assistants
and the Conservation
Officer

Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 54
DC



Planning (Listed Buildings and Conservation
Areas) Act 1990 - Section 55
DC



Planning (Listed Buildings and Conservation Areas)
Act 1990 - Section 88
DC

Service of Notices requiring urgent works for the
preservation of unoccupied listed buildings.




Power to recover expenses in respect of urgent
works to unoccupied listed buildings




Authorisation of persons to enter land to survey it for
specified purposes and ascertaining whether certain
offences have been committed.

135/95
298/05
155/05



356/06
16/06




187/05

R Boole, H Lawson,
C Fowler, J Scarsbrook

Police Act 1997 (Part V)
Council - s.270(3) LGA1972

Nominated officers for purpose of signing CRB requests
from Police Authority for hackney carriage/private hire and
other purposes.

135/95
260/05
16/06

HOCNS, CommSM,
EHOs, EHPs

Prevention of Damage by Pests Act 1949 &
Regulations made thereunder
Cabinet

Appointment as duly authorised officers to undertake
duties.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Prevention of Damage by Pests Act 1949 -
Section 4
Cabinet

Service of notices to require action to destroy rats or mice.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM

Prevention of Damage by Pests Act 1949 -
Section 5
Cabinet

Authority to exercise default powers.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs

Prevention of Damage by Pests Act 1949
- Section 6
Cabinet

Authority to take action in relation to groups of premises.

135/95
C156/05
C170/06
11/06

HOCNS, CommSM,
EHOs, EHPs, NSM,
Tech. Assistants & Pest
Control Officer

Prevention of Damage by Pests Act 1949
- Section 22
Cabinet

Power of entry upon land.

135/95
C156/0