Officers
Chapter 61: Statutory and Proper Officers
The Council is required to appoint a number of officers to undertake specific duties by statute. These are known as ‘Statutory Officers’. In addition, the Council has a number of important duties which it designates to certain officers. These are called ‘proper officer’ roles.
The Council has designated the following statutory officer positions.
In the event of any Statutory of Proper Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in their absence, the Monitoring Officer, and in the absence of both, the Chief Finance Officer, shall nominate an Officer to act in their stead.
Section 61.1: Statutory Officers
LEGISLATION | DESIGNATION | POST |
|---|---|---|
Section 4, Local Government and Housing Act 1989 | Head of Paid Service | Chief Executive |
Section 5, Local Government and Housing Act 1989 | Monitoring Officer | Director of Legal |
Section 151 Local Government Act 1972 (and section 114 of the Local Government Finance Act 1988) | Chief Finance Officer | Corporate Director, Resources |
Section 6 Local Authority Social Services Act 1970 | Director of Adult Social Services | Corporate Director, Health and Adult Social Care |
Section 18 Children Act 2004 | Director of Children’s Services | Corporate Director, Children’s Services |
Section 30 Health and Social Care Act 2012 | Director of Public Health | Director of Public Health |
Section 9FB Local Government Act 2000 | Scrutiny Officer | Corporate Director, Children’s Services (Interim arrangement) |
Section 61.2: Proper Officers
STATUTE & FUNCTION | OFFICER |
|---|---|
Registration Service Act 1953 | |
Sections 9(1) and (2), 13(2)h and (3)b and 20 (b) - Proper officer for Births, Deaths and Marriages | Corporate Director, Resources |
Local Government Act 1972 | |
Section 83(1) – The officer to whom a person elected to the office of the Mayor or a Councillor shall deliver a declaration of acceptance of office on the prescribed form | Chief Executive |
Section 84 – The officer to whom written notice of resignation of office shall be delivered | Chief Executive |
Section 86 - To declare any vacancy in any office under the Section | Chief Executive |
Section 88(2) - The officer who may call a Council meeting for the election to the vacant office of Chair of Council | Chief Executive |
Section 89(1)(b) - The officer to whom notice in writing of a casual vacancy occurring in the office of Councillor may be given by two local government electors for the borough | Chief Executive |
Section 100B(2) - The officer authorised to exclude from committees, sub committees, Council or Executive meeting agendas any information to be dealt with in a meeting from which the public are likely to be excluded | Monitoring Officer |
Section 100B(7)(c) - The officer to supply to any newspaper copies of documents supplied to Members of committees, sub-committees, Council or Executive meetings in connection with an item for consideration | Monitoring Officer |
Section 100C(2) - The officer to prepare a written summary of proceedings of committees, sub-committees, Council or the Executive from which the public were excluded | Monitoring Officer |
Local Government Act 1972 | |
Section 100D(1)(a) - The officer to prepare a list of background papers for reports considered by committees, sub-committees, Council or the Executive | Director of Legal |
Section 100D(5) – The Officer to determine which documents constitute background papers and section 100H - ability to charge for the provision of such documents | Director of Legal |
Section 100F(2) – The officer to decide which documents are not, by virtue of containing exempt information, required to be open to inspection | Director of Legal |
Section 100G - To maintain a register of the names and addresses of Members and membership of committees, lists of delegations and the like | Monitoring Officer |
Section 115 – The officer to whom money properly due from officers shall be paid | Chief Finance Officer |
Section 137A – The officer to receive statements in connection with the provision of financial assistance | Chief Finance Officer |
Section 146 – The officer to make statutory declarations and issue any certificate with regard to securities held by local authority companies | Chief Finance Officer |
Section 223 Authorising officers to attend court and appear on behalf of the Council under Local Government Act 1972 and the County Courts Act 1984 | Director of Legal |
Section 225(1) – The officer to receive and retain statutory documents on behalf of the Authority | Director of Legal |
Section 229(5) – The officer to certify copies of documents | Director of Legal |
Section 233 – The officer to receive documents required to be served on the Authority | Director of Legal |
Section 234(1) and (2) – The officer to authenticate documents on behalf of the Authority | Director of Legal |
Section 238 – The officer to certify printed copies of bylaws | Director of Legal |
Section 248 – The officer responsible for the keeping of the roll of freemen | Monitoring Officer |
Schedule 12 (paragraphs 4(2)(b)) – The officer responsible for signing summonses to attend meetings | Chief Executive |
Schedule 12 (paragraphs 4(3)) – The officer responsible for the receipt of notices regarding address to which summons to meetings is to be sent | Monitoring Officer |
Schedule 14 (paragraph 25(7)) – The officer responsible for the certification of true copies of resolutions | Monitoring Officer |
Local Government Act 1974 | |
Section 30(5) – The officer responsible for giving notice of Local Government Ombudsman Report | Director of Legal |
Local Government (Miscellaneous Provisions) Act 1976 | |
Section 41 - The officer to certify as evidence of resolutions of proceedings | Director of Legal |
Highways Act 1980 | |
Section 59(1) – The officer to certify that extraordinary expenses have been incurred in maintaining the highway by reason of damage caused by excessive weight or extraordinary damage | Director of Public Realm |
Section 205(3) – The officer to prepare a specification of the street works referred to in the resolution, with any necessary plans and sections, an estimate of the probable expenses of the works, and a provisional apportionment apportioning the estimated expenses between the premises liable to be charged with them under the private street works code | Director of Public Realm |
Highways Act 1980 | |
Section 205(5) – The officer to certify copies of resolution and approved documents | Director of Public Realm |
Section 210(2) – The officer to certify amendments to estimated costs and provisional apportionment of costs under the private street works code | Director of Public Realm |
Section 211(1) – The officer to make the final apportionment of costs under the private street works code | Director of Public Realm |
Section 216(2) and (3) – The officer to settle the proportion of the amount of costs under the private street works code in respect of railway undertakers or canal undertakers | Director of Public Realm |
Section 259 – The officer to issue notice requiring removal of materials from non-maintainable streets in which works are due to take place | Director of Public Realm |
Section 321 – The officer to authenticate notices, consents, approvals, orders, demands, licenses, certificates or other documents | Director of Public Realm |
Schedule 9 (paragraphs 4) – The officer responsible for signing plans showing proposed prescribed improvement or building lines | Director of Public Realm |
Representation of the People Act 1983 | |
Section 8 – Person appointed as Registration Officer | Chief Executive |
Section 28 – Person appointed as Acting Returning Officer | Chief Executive |
Section 35 – Person appointed as Returning Officer | Chief Executive |
Section 37(7)(b) – The officer to receive declarations and give public notice of election agents’ appointments | Chief Executive |
Section 131(1) – The officer to provide accommodation for holding election court | Chief Executive |
Building Act 1984 | |
Section 93 – The officer to sign any notice, order or other document which the Council is authorised or required to give, make or issue under this Act, to authorise any officer in writing to do so, and to authenticate any such document | Director of Planning and Building Control |
Public Health (Control of Disease) Act 1984 | |
Section 45F(2)(a) and (b) and 45P(2) – The proper officer for the purposes of the Health Protection (Notification) Regulations 2010 | Director of Public Realm |
Weights and Measures Act 1985 | |
Section 72(1) – Person appointed as Chief Inspector of Weights and Measures | Director of Public Realm |
Local Government Finance Act 1988 | |
Section 116(1) – The officer to notify the external auditor of a meeting under the Act to consider a report from the Chief Finance Officer | Chief Finance Officer |
Local Government and Housing Act 1989 | |
Section 2(4) – The officer to hold on deposit the Council’s list of politically restricted posts | Director of Legal |
Section 3A – The officer who, in consultation with the Monitoring Officer, determines applications for exemption from political restriction or for designation of posts as politically restricted | Chief Executive(in consultation with the Monitoring Officer) |
Section 15 to 17 (and Regulations made thereunder) – the officer to receive and give notices relating to the membership of political groups | Chief Executive |
Freedom of Information Act 2000 | |
Section 36 – The ‘qualified person’ | Corporate Director, Resources |
Local Government Act 2000 | |
Section 9G and 9GA(4) – The proper officer for the purposes of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 | Monitoring Officer |
Regulation of Investigatory Powers Act 2000 | |
Part I, Chapter II (acquisition and disclosure of communications data) and Part II (directed surveillance and use of covert human intelligence source) – The officers who are designated to grant authorisation | Director of Public Realm |
Data Protection Act 2018 | |
Requirement under Art 37(1) GDPR – incorporated into domestic legislation through s.69 Data Protection Act 2018 | Head of Information Governance |