STANDING ORDERS Appendix E - Proper Officers

Proper Officers and Statutory Appointments   Throughout this Annex and relevant acts, the term Chief Officer or Director refers to members of the Corporate Leadership Team.   The following abbreviations are used: CE                    Chief Executive 151                  Section 151 Officer (Chief Finance Officer) MO                  Monitoring Officer DPC                 Strategic Director People & Communities DPE                  Strategic Director for Place, Economy and Environment PH                    Director of Public Health DT                    Director Team na                    not applicable  

(i) authorising named deputies for the Senior Manager: Infrastructure & Assets for the Health Protection Agency for the statutory provisions as set out later in this schedule under Other Statutory Appointments.

   

ROLE

COLOUR

Chief Executive

 

Strategic Director for Place, Economy and Environment

 

Strategic Director People & Communities

 

Chief Executive

 

Strategic Director for Place, Economy and Environment

 

   

  Local Government and Housing Act 1989.  

REF

TITLE

OFFICER

PO1

Head of the Paid Service appointed in accordance with Section 4.

CE

PO2

Section 2(4) Maintenance of the list of politically restricted posts

CE

PO3

Section 3(3) Certification that a post is or is not politically restricted

CE

PO4

Section 37 (inserting The deposit of a statement or report or accounts from a voluntary body in receipt of financial

 

PO

Section 137A of the LGA assistance above the relevant level

 

    Local Government Act 1972  

REF

TITLE

OFFICER

PO1

Section 83(1) - (3) Witness and receipt of acceptance of office  

CE

PO2

Section 88(2) Convening of meeting of the Council to fill a casual vacancy (in the case of a Chairman of a Committee)  

CE

PO3

Section 89(1)(b) Receipt of notice of casual vacancy from two local government electors  

CE

PO4

Schedule 12 Para 4(2)(b) Signature of Summonses to Council Meetings

CE

PO

Section 84 Receipt of declaration of resignation of office  

CE

PO

Section 248(2) Keeping of the roll of Freemen  

na

PO

Schedule 3 Para 6(2) Custody of first Declarations of Acceptance of Office  

SO

PO

Schedule 12 Para 4(3) Receipt of notices of addresses to which summonses to meetings are to be sent  

CE

PO

Schedule 14 Para 25(7) Certification of resolutions

CE

PO

Section 225(1) Deposit of documents

CE

PO

Section 229(5) Certification of photographic copies of documents

CE

PO

Section 234(1) & (2) Authentication of documents

CE

PO

Section 238 Certification of Bylaws

CE

PO

Section 210(6) & (7) Charity functions of holders of office with existing authorities transferred to holders of equivalent offices with new authorities

CE

PO

234(1) and (2) Authentication of documents in respect of tree preservation matters

 

PO

Section 191(2) Receipt of an application under Section 1 of the Ordnance Survey Act 1841

 

PO

In accordance with the provisions of Section 101, may when absent authorise another community physician with experience in environmental health and the control of communicable diseases to act as Proper Officer

 

PO

Section 115(2) Receipt of money due from officers

 

PO

Section 146(1)(a) & (b) Declarations and Certificates with regard to transfer of securities on the change of name of the authority

 

PO

Section 151 Administration of the financial affairs of the Council

 

PO

Section 204(3) Receipt of notice of an application for a justices' licence under Schedule 2 of the Licensing Act 1964

 

    Local Government Act 1974  

REF

TITLE

OFFICER

PO1

Section 30 Reports on Investigations by the Local Director for Administration

CE

    Local Government Finance Act 1988  

REF

TITLE

OFFICER

PO1

Section 114(1) Preparation of a report in the case of unlawful expenditure

 

PO2

Section 116 (3) Notification to the Auditor of the date, time and place of any meeting of the Council to consider a report under Section 114(1)

 

PO3

In the event of the Senior Manager: Finance & Resources being absent or otherwise unable to act, his/her nominated deputy has been appointed Proper Officer in accordance with Section 114(6)

 

    Data Protection Act 1972  

REF

TITLE

OFFICER

PO1

Section 6 (1) Registering information with the Data Protection Register

 

    Council Tax (Administration and Enforcement) Regulations1992  

REF

TITLE

OFFICER

PO1

Reg 37 and Service of Attachment of Earnings Orders Corporate and Schedule 3 Support Services

 

    Local Government Act 2000  

REF

TITLE

OFFICER

PO1

Section 81 Maintaining the register of members’ financial and other interests

CE

PO2

Responsible for the referral of Executive proposals to the Council and for other administrative processes arising from the Council’s constitutional arrangements

CE

PO3

All purposes connected with the Local Government (Committees and Political Groups) Regulations 1990 (as amended)

CE

    Local Authorities (Standing Orders) (England) Regulations 2001  

REF

TITLE

OFFICER

PO1

Section 30 Reports on Investigations by the Local Director for Administration

CE

PO2

Notifying members of the Full Council of the proposed appointment or dismissal of a Chief Officer or Deputy Chief Officer; all other purposes, unless another officer has already been appointed, or unless the appointment would be contrary to law.

CE

PO3

In the event of the Chief Executive being absent or otherwise unable to act, the Assistant Chief Executive has been appointed Proper Officer in respect of the provisions referred to above

CE

    Local Government (Access to Information) Act 1985 (as amended)  

REF

TITLE

OFFICER

PO1

Section 100B(2) Designation of Reports “Not for Publication”

CE and MO

PO2

Section 100D(1)(a) Compilation of lists of background papers

CE and MO

PO3

Section 100D(5)(a) Identification of background papers

CE and MO

     

  Representation of the People Act 1983  

REF

TITLE

OFFICER

PO1

Registration Officer and Returning Officer at elections appointed in accordance with Sections 8 and 35 respectively.

SO

PO2

Section 82 Witnessing of signatures on candidates and agents declarations as to expenses at local elections

na

PO3

Section 8(2) and Section 35 (1) Electoral Registration Officer and Returning Officer.

SO

  Registration of Marriages Regulations 1986  

REF

TITLE

OFFICER

PO1

Proper Officer appointed for the provisions of the Regulations

CE

    Registration of Births and Deaths Regulations 1987  

REF

TITLE

OFFICER

PO1

Proper Officer appointed for the provisions of the Regulations

CE

  Registration Service Act 1953  

REF

TITLE

OFFICER

PO1

Section 6(1) Appointment of registration officers

CE

PO2

Section 6(3) Payment of registration officers and receipt of fees

CE

PO3

Section 14(1) Preparation and submission of a local registration scheme

CE

  Local Registration Scheme  

REF

TITLE

OFFICER

PO1

Article 5(1)(b) Provision of assistance to registration officers

CE

PO2

Article 6 Provision, equipping and maintenance of registration offices

CE

  Marriage Act 1949  

REF

TITLE

OFFICER

PO1

Section 57(4) Reimbursing superintendent registrars the fees paid to incumbents and authorised persons for quarterly certified copies of marriage certificates

CE

 

  Local Authorities (Referendum) (Petitions and Directions) (England) Regulations 2001  

REF

TITLE

OFFICER

PO1

Responsible for complying with the Act

CE

PO2

Notifying the Secretary of State and petition organiser after receipt of a petition, including whether it is held to be valid or not valid

CE

PO3

Taking the necessary procedural steps on receipt of the petition, including amalgamating petitions

CE

  Local Government (Access to Information) Act 1985  

REF

TITLE

OFFICER

PO1

Section 100F(2) Decisions affecting members' rights to receive papers

CE

PO2

Section 100B(7)(c) Supply of papers to the press

CE

PO3

Section 100C(2) Summaries of Minutes

CE

    Local Authority (Members’ Allowances) Regulations 1991  

REF

TITLE

OFFICER

PO1

Regulation 14 To receive written notice from a member electing to forego entitlement to allowances

CE

    Ancient Monuments and Archaeological Areas Act 1979  

REF

TITLE

OFFICER

PO1

Section 1A Receipt of information on the inclusion, amendment or exclusion, or a copy of any entry or amended entry in the Schedule of Ancient Monuments, relating to any Monument in the area of the Authority

 

   

  Listed Buildings Act 1990  

REF

TITLE

OFFICER

PO1

Receipt on deposit of lists of protected buildings

 

    The Countryside and Rights of Way of Act 2000  

REF

TITLE

OFFICER

PO1

The deposit and display of draft maps in accordance with Regulations 4, 9, 10 and 11 of Statutory Instrument 2001 No. 3301 – The Access to the Countryside (Maps in Draft Form) (England) Regulations 2001

 

    Education Act 1996  

REF

TITLE

OFFICER

PO1

Chief Education Officer appointed in accordance with Section 532

 

    Children Act 2004  

REF

TITLE

OFFICER

PO1

The Council’s Director of Children’s Services appointed in accordance with Section 18

 

    Children’s Act 1989  

REF

TITLE

OFFICER

PO1

The Complaints Officer appointed in accordance with Section 26

 

    Local Authority Social Services Act 1970 (as amended)  

REF

TITLE

OFFICER

PO1

The Council’s statutory Director of Adult Social Services appointed in accordance with Section 6 for the purposes of the Council’s adult social services functions.

 

   

  Local Authority Social Services Act 1970  

REF

TITLE

OFFICER

PO1

The Complaints Officer appointed in accordance with Section 7(B)

 

    NHS and Community Care Act 1990  

REF

TITLE

OFFICER

PO1

The Complaints Officer appointed in accordance with Section 50

 

    Housing Act 1996  

REF

TITLE

OFFICER

PO1

Appointed for the purpose of the Act

 

    Housing Act 2004 (as amended)  

REF

TITLE

OFFICER

PO1

Appointed for the purpose of the Act

 

  Public Health (Control of Disease) Act 1984  

REF

TITLE

OFFICER

PO1

Appointed via the Public Heath provision for the purposes of: Sections 11(1), 11(3), 18(1), 20(1), 21(1), 22(1), 23(2), 24(1), 26(2), 29(4), 30(2), 31(1), 32(1), 34(3), 34(5), 35(1), 36(1), 37(1), 38(1), 39(1),39(3), 40, 41 (1), 42(1), 43(1), 48(1), 50(2)(b) and 51 (1).

 

PO

Section 37 Power to a Justice of the Peace to order or removal to hospital of a person with a notifiable disease

 

PO

Section 38 Power to a Justice of the Peace to order the detention of a person in hospital

 

PO

Section 41 Power to remove to hospital an inmate of a common lodging house

 

PO

Section 46 Disposal of dead bodies

 

PO

Section 61 Power to enter premises

 

   

  The Public Health (Infectious Diseases) Regulations 1988  

REF

TITLE

OFFICER

PO1

Appointed via the Public Heath provision for the purposes of Regulations 6, 8, 10 and 12.

 

    Public Health (Aircraft) Regulations 1979 (as amended)  

REF

TITLE

OFFICER

PO1

Appointed via the Public Heath provision for the purposes of all functions of the “Medical Officer”

 

    Public Health (Ships) Regulations 1979 (as amended)  

REF

TITLE

OFFICER

PO1

Appointed via the Public Heath provision for the purposes of all functions of the “Medical Officer”

 

    Environmental Protection Act 1990  

REF

TITLE

OFFICER

PO1

Section 149 Discharging the functions imposed or conferred for dealing with stray dogs found in the area of the Authority

 

    Food Safety Act 1990  

REF

TITLE

OFFICER

PO1

Public Analyst (Section 5 Food Safety Act 1990)

 

    Weights & Measures Act 1985  

REF

TITLE

OFFICER

PO1

Inspector of Weights and Measures (Section 69(1) Weights & Measures Act 1985)

 

    Local Authorities Cemeteries Order 1977  

REF

TITLE

OFFICER

PO1

Officer of the burial authority

 

Highways Act 1980  

REF

TITLE

OFFICER

PO1

S37(5) Deposit of Certificate of dedication or copy order

 

PO

S205(3) Preparation of specification estimate and provisional appointment

 

PO

S205(5) Certification of copies of resolution and approved documents

 

PO

S210(2) Certification of document giving details of estimate and consequential amendment of provisional appointment

 

PO

S211(1) Making final appointment

 

PO

S216(2) & (3) Settlement of proportion of amount

 

    Safety of Sports Grounds Act 1975  

REF

TITLE

OFFICER

PO1

Nominated as Technical Chairman of the Safety Advisory Group convened for the purposes of the Act