Issue - decisions
*Re-published: call-in no longer applies* Changes to the Officers’ Delegation Scheme in the Constitution
28/04/2021 - *Re-published: call-in no longer applies* Changes to the Officers’ Delegation Scheme in the Constitution
After consideration of a report of the
Assistant Chief Executive (Legal and Democratic Services) regarding
clarification changes to the Officers’ Delegation Scheme in
the Constitution in relation to Coronavirus legislation, the Chief
Executive Officer:
1. notes the previous amendments made to the Constitution by the
Assistant Chief Executive (Legal and Democratic Services) under his
delegated powers;
2. approves the following amendments to the Officers’
Delegation Scheme:
4.4 To the Corporate Director – Business and Environmental
Services
…
(n) To exercise all other functions for trading standards and
consumer protection not included in (m) above including, but not
limited to, the Council’s enforcement functions under:
• the Health Protection (Coronavirus, Restrictions) (No. 2)
(England) Regulations 2020 as amended;
• the Health Protection (Coronavirus, Restrictions) (England)
(No. 3) Regulations 2020 and associated Secretary of State
Designation Letter dated 16 June 2020;
• the Health Protection (Coronavirus, Collection of Contact
Details etc and Related Requirements) Regulations 2020;
• the Health Protection (Coronavirus, Restrictions)
(Obligations of Undertakings) (England) Regulations 2020;
• the Health Protection (Coronavirus, Restrictions)
(Self-Isolation) (England) Regulations 2020 and
• any successor and future Coronavirus legislation (including
but not limited to Acts of Parliament and Statutory Instruments) as
may be enacted;
(including, but not limited to, the powers to issue enforcement
notices, bring enforcement proceedings and take all enforcement
action).
4.8 To the Director of Public Health for North Yorkshire
The statutory functions of the Director of Public Health in
relation to public health, including, but not limited to, those set
out in the Public Health (Control of Disease) Act 1984, the NHS Act
2006, Health and Social Care Act 2012 and related regulations;
including, but not limited to:
…
(d) Council functions that relate to planning for, or responding
to, emergencies involving a risk to public health including, but
not limited to, such functions arising out of all Coronavirus
related legislation (including but not limited to Acts of
Parliament and Statutory Instruments) and including but not limited
to the power to issue directions under the Health Protection
(Coronavirus, Restrictions) (England) (No.3) Regulations 2020 (and
any successor and other Coronavirus related legislation), and to
recommend to the Corporate Director Business and Environmental
Services the taking of relevant enforcement functions under such
Coronavirus related legislation;
Schedule 4
Officers’ Delegation Scheme
North Yorkshire County Council has functions given to it by
statute. Certain functions rest with the authority as a whole.
These powers can be delegated to Officers under s101 Local
Government Act 1972. Other functions, called Executive Functions
rest with the Council’s Executive, and can be delegated by
the Executive to Officers. Within this scheme, functions delegated
are marked either Executive or Council to indicate the origin of
the delegation.
References in this Scheme to any legislation (e.g. Act of
Parliament, Statutory Instrument, EU Directive) shall include a
reference to any amendment or re-enactment of such
legislation.