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*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.