The Proper Officer Provisions_Appendix

4.           THE “PROPER OFFICER” PROVISIONS

 

 

Function

 

Proper Officer

Person to act in the event of the Proper officer being absent or otherwise unable to act

 

(1)        Any reference in any enactment passed before or during the 1971/72 Session of Parliament, other than the Local Government Act 1972, or in any instrument made before 26 October 1972 to the Clerk of a Council or the Town Clerk of a Borough.

 

Chief Executive

 

Monitoring Officer

(2)        Any reference in any enactment passed before or during the 1971/72 Session of Parliament, other than the Local Government Act 1972, or in any instrument made before 26 October 1972 to the Treasurer of a local authority.

 

Chief Finance Officer

 

Head of Finance and Resources


(3)        The following provisions of the Local Government Act 1972:-

 

(a)         Section 115(2) – the Officer who shall receive all money due from any other Officer of the Council.

 

(b)         Section 146(1) – the Officer who (upon a transfer of securities the alteration of the name of the District) shall make a statutory declaration specifying the securities and verifying the change of name and identify of the Council or shall give such a certificate as is prescribed.

 

(c)         Section 151 – the Officer having responsibility for the proper administration of the financial affairs of the Council.

 

 

 

Chief Finance Officer

 

 

 

Chief Finance Officer

 

 

Chief Finance Officer

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

(4)           The following provisions of the Representation of the People Act 1983:

 

(a)     Section 8 and Section 52 – the Registration Officer for any constituency of part of a constituency coterminous with or situated in the Borough.

 

(b)     Section 35(1) – the Returning Officer for elections of Councillors of the District and for elections of Councillors of Parishes within the District and 52 Deputy Electoral Registration Officer.

 

(c)     Section  82 – To receive declarations of Election expenses

 

 

 

 

Chief Executive

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

Head of Finance and Resources

 

 

Electoral Registration Officer

Head of Finance and Resources

 

Head of Finance and Resources

 

(5)           The follow following provisions of the Local Government Act 1972:

 

(a)     Section 83(1) – the Officer to whom a person elected shall deliver a declaration of acceptance of office in a form prescribed by rules made under Section 42 of the Act.

 

(b)     Section 84 – the Officer to whom a Councillor may give written notice of resignation.

 

(c)     Section 86 – declare any vacancy in office.

 

(d)     Section 88(2) – the Officer who may convene a meeting for the election of Chairman of the Council following a casual vacancy in that office.

 

(e)     Section 89(1) – the Officer to whom notice shall be given of any casual vacancy occurring in the office of Councillor.

 

(f)      Section 191(2) – the Officer who shall receive an application under section 1 of the Ordnance Survey Act 1841.

 

(g)     Section 210(6) – the Officer who shall exercise the powers relating to charities conferred by these subsections.

 

(h)     Section 223 – authorise Officers to appear in legal proceedings (and Section 60 County Courts Act 1984).

 

(i)       Section 225(1) – the Officer who shall receive and retain documents deposited with the Council pursuant to the Standing Orders of either Houses of Parliament or to any enactment or instrument, and shall take such action relating to these documents as may be directed.

 

(j)      Section 229(5) – the Officer who shall certify a photographic copy of a document in the custody of the Council, or of a document which has been destroyed while in the custody of the Council, or of any part of any such document.

 

(k)     Schedule 12, Part I, para 4(3) – the Officer to whom a member of the Council shall give notice in writing desiring summonses to attend meetings of the Council to be sent to an address specified in the notice other than his/her place of residence.

 

(l)       Schedule 14, Part II, para 25(7) – the Officer who shall certify a resolution of the Council applying or disapplying provisions under the Public Health Acts 1875-1925.

 

(m)   Section 234(1) – the Officer whose signature shall authenticate any notice, order of other document which the Council is required or authorised to issue by or under any enactment.

 

(n)     Section 236(9) – the Officer who shall send a copy of every byelaw made by the Council and confirmed to the Proper Officer of every parish to which they apply.

(o)     Section 236(10) – the Officer who shall send a copy of every byelaw made by the Council and confirmed to the Council of the County.

(p)     Section 238 – the Officer who shall certify a printed copy of a byelaw of the Council.

 

(q)     Section 248 – to keep the roll of Freeman.

 

(r)      In relation to Section 13(3) of the Local Government Act 1972 – the Officer who together with the Chairman of the Parish Member shall be a body corporate by the name “The Parish Trustess”.

 

(s)     The Officer responsible for the convening of newly created Parish Councils.

 

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

Chief Executive

 

Chief Executive

 

 

 

Chief Executive

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Monitoring Officer

 

 

Director of Regeneration and Communities

 

 

 

Head of Finance and Resources

 

 

 

 

Head of Finance and Resources

 

 

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

Monitoring Officer/Head of Service

 

Chief Executive

 

Chief Executive

 

 

 

 

Chief Executive

 

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

 

Head of Finance and Resources

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

 

Deputy Monitoring Officer

 

 

Head of Finance and Resources

 

 

 

 

Monitoring Officer

 

 

 

 

 

Democratic Services Officer

 

 

 

 

 

Chief Executive

 

 

 

Monitoring Officer

 

 

 

 

Monitoring Officer

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

 

 

Head of Finance and Resources

Head of Finance and Resources

 

 

 

Head of Finance and Resources

(6)          Local Government and Housing Act 1989

 

3A - To determine applications for exemption from the list of politically restricted posts

 

2 -  Maintain a list of politically restricted posts

 

4 – Head of Paid Service

 

5 – Monitoring Officer

 

Local Government and Housing Act 1989 Sections 15-17 and Local Government (Committees and Political Groups) Regulations 1990

 

Regulation 9 – Receipt of Notice re Political Groups

 

10 – Receipt of Notice of Cessation of Membership of Political Groups

 

13 – To accept wishes of Political Groups in respect of proportionality

 

14 – To notify Political Groups of allocations

 

 

 

Chief Executive

 

 

Chief Executive

 

Chief Executive

 

Head of Legal Partnership

 

 

 

 

Chief Executive

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

Any Director

 

Deputy Head of Legal Partnership

 

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

(7)           All other cases in respect of which the Strategic Director has from time to time been appointed as the Proper Officer of the Council.

 

Director of Regeneration and Communities

Chief Executive

(8)          Local Government (Miscellaneous Provisions) Act 1976

 

(a)     Section 16 – Service of notices requiring details of any interests in land

 

(b)     Section 41 of the – the Officer for certifying documents as provided for under this section.

 

 

Directors and Heads of Service

 

Head of Finance and Resources

 

 

 

Chief Executive

 

 

Chief Executive

Any reference in any enactment passed before or during the 1971/72 Session of Parliament, other than the Local Government Act 1972 or in any instrument made before 26 October 1972 to the Public Health Inspector.

Director of Regeneration and Communities

Head of Housing and Community Services

PART I PUBLIC HEALTH ENACTMENTS

Public Health Act 1936

Public Health (Control of Disease) Act 1984

 

Section 11 - Duty of local authority to supply forms to doctors for purposes of Section 48.


Section 48 - Removal of dead body to mortuary for burial.


Section 58 - Authentication of documents.


Section 60 - Service of notices and other documents.

 

 

 

 

 

 

Head of Housing and Community Services

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

 

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities



 

PART II STATUTORY INSTRUMENT

Health Protection (Notification) Regulations 2010/659

Including cases of infectious disease to be notified to proper officer and disclosure of information/notices

 

Public Health (Fees for Notification of Infectious Disease) Order 1968 (SI 1968 No. 1365).

 

Public Health (Prevention of Tuberculosis) Regulations 1925 (SI 1925 No. 757).

 

Food Hygiene (Docks, Carriers etc) Regulations 1960 (SI 1960 No. 1602) Article 11.

 

Public Health (Aircraft) Regulations 1979 No. 1434).

 

 

Public Health (Ships) Regulations 1979 (SI 1979 No. 1435).

 

 

 

Head of Housing and Community Services

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community

 

Head of Housing and Community Services

 

 

 

Director of Regeneration and Communities

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Local Government Act 1974

 

Part 3 – Local Government Ombudsman functions, including giving public notice of reports

 

 

 

 

Chief Executive

 

 

Monitoring Officer

Local Government Miscellaneous Provisions Act 1982

 

Head of Housing and Community Services

Director of Regeneration and Communities

 

Building Act 1984

 

78 – Authorise action in relation to dangerous structures

 

 

 

Head of Planning and Development

 

 

 

Building Control Officers

The local registrar within the meaning of the Land Registration Act 2002 and Local Land Charges Act 1975 who shall register any matters specified by these Acts affecting land and situate within the district.

 

Head of Planning and Development

Chief Executive

 

Food Safety Act 1990 – Food Safety and authentication of documents

Head of Housing and Community Services

Director of Regeneration and Communities

 

Freedom of Information Act 2000

 

36 – Non-disclosure where potential to prejudice the effective conduct of public affairs

 

 

 

Chief Executive

 

 

Monitoring Officer

Local Authorities (Referendum) (Petitions and Directions) Regulations 2000 as amended

 

Whole – Proper Officer function

 

 

 

Monitoring Officer

 

 

 

 

Head of Finance and Resources

Licensing Act 2003

Director of Regeneration and Communities

Head of Housing and Community Services

Localism Act 2011

 

29 – Establish and maintain a register of members' and co-opted members' interests

 

30 – 31 – Receipt of Members and co-opted members' declarations of interests and changes to those interests within 28 days

 

32 – Sensitive Interests

 

33 – Dispensations from restrictions under Section 31(4)

 

 

 

Monitoring Officer

 

 

Monitoring Officer

 

 

Monitoring Officer

 

Monitoring Officer

 

 

 

Deputy Monitoring Officer

 

 

Deputy Monitoring Officer

 

 

Deputy Monitoring Officer

 

Deputy Monitoring Officer

 

Local Authorities (Conduct of Referendums) (England) Regulations 2012

 

Whole – Proper Officer function

 

 

 

Monitoring Officer

 

 

 

 

Head of Finance and Resources

 

Anti-Social Behaviour Act 2003 and Anti-Social Behaviour, Crime and Policing Act 2014

 

 

Head of Housing and Community Services

 

 

Director of Regeneration and Communities

Any other provisions for which arrangements are not specifically made under the Scheme of Delegation.

 

Any other legislation whether made before or after this list was approved and requiring a proper officer or authorised officer where not otherwise stated in this list or the Council's approved scheme of delegation from time to time.

Chief Executive to authorise

 

Chief Executive to authorise

 

Monitoring Officer

 

 

Monitoring Officer

 


 

 

COUNCIL PROCEDURE RULES

 

 

Rule 3 – Calling and Cancellation of Meetings.


Rule 6 – Time and place of meetings.


Rule 7 – Give notice to the public of the time and place of meeting and at least five clear days before a meeting send a summons signed by him or her to every Member of the Council.

 

Rule 10 (b) - Set a date in consultation with the Mayor and Group Leaders for the remaining business of an adjourned meeting to be conducted, where there is no agreement between a majority of those Members present.

 

Rule 11 (b) (i) - Receipt of petition wording in writing at least two weeks before the meeting.

 

Rule 11(b) (iii) - Receipt of petition at least one clear day before the meeting.

 

Rule (b) (iv) - Receipt of petitions.

 

Rule 12.3 – Receipt of questions in writing or by e-mail no later than close of the office one clear working day before the meeting.

Rule 12.5 – Rejection of questions.

 

 

Rule 12.6 – Entering questions in a book open to public inspection and sending a copy of questions to the Member to whom it is to be put.

 

Rule 13 - (a) (ii)    Questions by Members.

 

 

Rule 14.1 - Receipt of notices of motion.

 

 

Rule 14.7 - Ruling of notices of motion out of order or illegal.

 

 

Rule 27.1 (a) - Request to speak at Planning Committee.

 

Rule 27.1 (b) - Keeping a reserve list of speakers for Planning Committee.

 

Rule 30 – Review of Committee decisions

 

Access to Information Procedure Rules:

Local Government Act 1972

100B(2),(7) and 100H - Excluding from the Public reports which are not likely to be considered in open session; and provision to the press/public of other documents provided to Councillors where the Proper Officer thinks fit.

 

100C(2) - Where part or the whole of the report has been exempt the Proper Officer shall make a written summary of the proceedings or part to provide a record without disclosing the exempt information.

 

100D - Compilation of list of background documents, relied upon to a material extent in producing the report or disclosing important facts.

 

100F - Deciding whether documents for inspection in connection with Committees contain exempt information under a paragraph of Schedule 12A.

 

100G (optional) - Maintain a list of Councillors and, list of delegations to officers and the like.

 

 

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

 

 

Head of Finance and Resources

 

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Head of Finance and Resources

 

Chief Executive

 

 

 

Head of Finance and Resources

 

 

 

Directors and Heads of Service

 

 

 

Directors and Heads of Service

 

 

Directors and Heads of Service

 

 

Head of Finance and Resources

 

 

 

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

Director of Regeneration and Communities

 

 

 

Chief Executive

 

 

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

 

Chief Executive

 

 

Chief Executive

 

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Chief Executive

 

 

Head of Finance and Resources

 

 

Directors and Heads of Service/Monitoring Officer

 

 

 

Democratic Services Officer

 

 

 

 

Democratic Services Officer

 

 

 

Democratic Services Officer//Monitoring Officer

 

 

Monitoring Officer