5. The statutory/proper officers
5.1 The following statutory roles have been assigned to the post holder of the positions named below with the authority to exercise the duties and responsibilities associated with those positions.
5.2 The Chief Executive is hereby appointed the Proper Officer in relation to any reference to any enactment other than the Local Government Act 1972, or in any instrument made before the 26th October, 1972, to the Clerk of a Council or the Town Clerk of a Borough, which by virtue of any provision in the said Act, is to be construed as a reference to the Proper Officer of the Council.
5.3 The Director of Finance, IT and Digital is hereby appointed the Proper Officer in relation to any reference in any enactments or Instruments to a Borough Treasurer or Treasurer or Section 151 Officer which by any such provision is to be construed as a reference to the Proper Officer of the Council.
5.4 The Director of Neighbourhoods and Regulatory Services is hereby appointed the Proper Officer in relation to any reference in any enactments or Instruments to a Sanitary Inspector or Public Health Officer which by any such provision is to be construed as a reference to the Proper Officer of the Council.
| Legislation | Description |
|---|---|
| Civil Partnership Act 2004 | The Assistant Director (Digital, Data & Technology) is hereby appointed Proper Officer to undertake the Council’s duties. |
| Commons Registration Act 1965 | The Director of Legal, Governance and Human Resources is hereby appointed the Proper Officer. |
| Local Authority Social Services and National Health Services Complaints (England) Regulations 2009 | The Executive Director of Children’s Services and the Executive Director of Adult Services and Public Health are hereby appointed as the Proper Officers for ensuring compliance. |
| Local Elections (Declaration of Acceptance of Office) Order 2012 | The Director of Legal Governance and Human Resources is hereby appointed Proper Officer for the purposes of receipt of declaration of office of Elected Members. |
| Local Government (Committees and Political Groups) Regulations 1990 | The Director of Legal, Governance and Human Resources is hereby appointed Proper Officer to receive notices. |
| Local Government (Miscellaneous Provisions) Act 1976 s. 41(2A) | The Director of Legal, Governance and Human Resources is hereby appointed Proper Officer for the purposes of certification of records of decisions. |
| Local Government Act, 1972 | The Director of Neighbourhoods and Regulatory Services is hereby appointed Proper Officer in relation to any reference in any enactments or Instruments referred to in any resolution of the Council to a Borough Engineer, Borough Surveyor, Surveyor or Head of Engineering and Waste Management which by any provision is to be construed as a reference to the Proper Officer of the Council. |
| Local Government and Housing Act 1989 as amended in respect of politically restricted posts | The Director of Legal, Governance and Human Resources is hereby appointed Proper Officer. |
| Local Government and Housing Act 1989, Section 5 | The Director of Legal, Governance and Human Resources is hereby appointed Monitoring Officer. |
| Public Health (Control of Disease) Act 1984 (as amended) and in relation to any reference in any enactments or instruments made thereunder | The person appointed by Public Health England as a Consultant in Communicable Disease/Consultant in Health Protection/Regional Epidemiologist/Unit Director is hereby appointed to act as Proper Officer for the Council for the purposes of functions. |
| Registration Services Act 1953 as amended | The Assistant Director (Digital, Data & Technology) is hereby appointed Proper Officer. |
| S.8, 28,35, 52, 67 and 131 respectively of the Representation of the People Act 1983 | The Director of Legal, Governance and Human Resources is hereby appointed the Returning Officer and the Electoral Registration Officer. |
| S.82 Representation of the People Act 1983 | The Director of Legal, Governance and Human Resources is hereby appointed the Proper Officer for the taking of an election candidate’s declaration of expenses. |
| S4 of the Local Government and Housing Act 1989 | The Chief Executive is hereby designated as Head of the Paid Service. |
| Section 18 of the Children Act 2004 | The Executive Director of Children’s Services as the Proper Officer. |
| Section 30 of the Health and Social Care Act 2012 | The Director of Public Health is hereby appointed Proper Officer. |
| Section 4(2) of the Housing Act 2004 | The Director of Neighbourhoods and Regulatory Services is hereby appointed the Proper Officer. |
| Section 532 of the Education Act 1996 | The Executive Director of Children’s Services is hereby appointed Proper Officer. |
| Section 6 of the Local Authority Social Services Act 1970 (as amended) | The Executive Director of Adult Services and Public Health is hereby appointed Proper Officer. |
| Section 6(3) of the Sheriffs Act 1887 | The Chief Executive is hereby appointed the Proper Officer. |
| Section 9FB of the Local Government Act 2000 as amended by the Localism Act 2011 | The Democratic Services and Statutory Scrutiny Manager is hereby designated as Scrutiny Officer. |
5.5 In respect of the sections of the Local Government Act 1972 set out in the first column below, the Officer of the Council referred to in the second column shall be the Proper Officer with regard to the function referred to in the third column:
| Section Local Government Act 1972 | Proper Officer | Function |
|---|---|---|
| 13(3) | Chief Executive | Parish Trustee. |
| 83(1) to (4) | Director of Legal, Governance and Human Resources | Witness and receipt of declarations of acceptance of office. |
| 84 | Chief Executive | Receipt of declaration of resignation of office. |
| 88(2) | Chief Executive | Convening of meeting of Council to fill casual vacancy in the Office of Chairman. |
| 89(1)(b) | Director of Legal, Governance and Human Resources | Receipt of notice of casual vacancy from 2 Local Government electors. |
| 100B - 100F | Director of Legal, Governance and Human Resources | Functions with respect to exempt information. |
| 115(2) | Director of Finance, IT and Digital | Receipt of money due from Officers. |
| 117 | Chief Executive | Keeping record of particulars of any notice given by an Officer as to a pecuniary interest in any contract or proposed contract. |
| 146(1)(a) and (b) | Director of Finance, IT and Digital | Director of Finance, IT and Digital |
| 191 | Director of Neighbourhoods and Regulatory Services | Functions with respect to ordnance survey. |
| 210(6) and (b) | Chief Executive | Charity functions of holders of offices with existing authorities transferred to holders of equivalent office with new authorities, or, if there is no such office, to Proper Officers. |
| 212(1) and (2) | Director of Legal, Governance and Human Resources | Proper Officer to act as local registrar for Land Charges Act 1972 and 1975. |
| 225(1) | Director of Legal, Governance and Human Resources | Deposit of Documents. |
| 229(5) | Director of Legal, Governance and Human Resources | Certification of photographic copies of documents. |
| 234(1) and (2) | Chief Executive | Authentication of documents. |
| 236(9) | Director of Legal, Governance and Human Resources | To send copies of bye-laws for Parish Records. |
| 238 | Director of Legal, Governance and Human Resources | Certification of bye-laws. |
| 248 | Director of Legal, Governance and Human Resources | Keeping of roll of Freemen. |
| Schedule 12 | Chief Executive | Signature of summonses to Council meetings. |
| Para. 4(3) | Chief Executive | Receipt of notices regarding address to which summons to meetings is to be sent. |
| Para. 25(7) | Director of Legal, Governance and Human Resources | Certification of resolutions under para. 25 of Schedule 14. |
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Schedule 16
Para 28.
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Director of Legal, Governance and Human Resources | Receipt on deposit of lists of protected buildings (section 54(4) of the Town and Country Planning Act 1971). |
5.6 Hartlepool Borough Council hereby appoints any person for the time being employed as a Director for Health Protection or Consultant in Communicable Disease Control / Consultant in Health Protection at the North East Health Protection Team of the UK Health Security Agency to act as Proper Officers for the following purposes:
| Legislation | Section or Regulation | Effect |
|---|---|---|
| The Health Protection (Notification) Regulations 2010 | Regulations 2, 3, 6 | Receipt and disclosure of notification of suspected notifiable disease, infection or contamination in patients and dead persons. |
5.7 For the purpose of exercising any of the functions for which the Officer of the Council named in the first column is appointed Proper Officer whenever that Officer is unable to perform such functions, the Officer of the Council named in the second column hereunder shall be appointed Deputy to the Proper Officer in respect of these functions:
| Proper Officer | Deputy Proper Officer |
|---|---|
| Chief Executive | The Chief Executive will authorise an Executive Director/Director. |
| Director of Legal, Governance and Human Resources | Assistant Director of Legal and Governance and Human Resources |
| Director of Finance, IT and Digital |
Assistant Director (Finance (Deputy s151) / Assistant Director (Digital, Data & Technology) (as appropriate) |
| Assistant Director (Finance) | Director of Finance, IT and Digital |
| Assistant Director (Digital, Data & Technology) | Director of Finance, IT and Digital |
| Director of Neighbourhoods and Regulatory Services |
Assistant Director (Neighbourhoods) / Assistant Director (Regulatory Services) (as appropriate) |
| Assistant Director (Neighbourhoods) | Director of Neighbourhoods and Regulatory Services |
| Assistant Director (Regulatory Services) | Director of Neighbourhoods and Regulatory Services |
| Director of Housing, Growth and Communities | Assistant Director (Preventative & Community Based Services) Assistant Director (Housing & Growth) (as appropriate) |
| Executive Director of Children’s Services | Assistant Director of Early Intervention, Performance & Commissioning Assistant Director (Children’s and Families) / Assistant Director (Education) (as appropriate) |
| Assistant Director (Children’s and Families) | Executive Director of Children’s Services |
| Assistant Director (Early Intervention, Performance and Commissioning) | Executive Director of Children’s Services |
| Assistant Director (Education) | Executive Director of Children’s Services |
| Executive Director of Adult Services and Public Health | Director of Public Health Assistant Director (Adult Social Care) (as appropriate) |
| Director of Public Health | Director or Adult Services and Public Health |
Chief Executive, Executive Directors, Directors and all Assistant Directors
5.8 The Chief Executive, Directors and all Chief Officers are authorised to exercise the functions listed below:
| No | Delegation |
|---|---|
| GD1 | To carry out those functions of the Authority delegated to them as set out in this scheme. |
| GD2 | Where the Chief Executive, Executive Directors, Directors or a Chief Officer hold statutory or proper officer positions (as set in section 5 of the scheme), to exercise those statutory duties and responsibilities assigned to the positions by law. |
| GD3 | To take decisions on behalf of the Authority on all matters where they have managerial or professional responsibilities for their service areas. |
| GD4 | To serve, receive and act upon notices, give or refuse consents, issue determinations, apply for permissions, make orders, grant licenses in the exercise of any discretionary power or in complying with any duty of the Authority delegated to them. |
| GD5 | To seek any formal regulatory approval which may be required for a project, scheme or programme which has been approved by the Council, Committee or any officer acting under delegated powers. |
| GD6 | In consultation with the Director of Legal, Governance and Human Resources and the Director of Finance, IT and Digital to make payments or provide benefits in cases of maladministration under section 92 of the Local Government Act 2000. |
| GD7 | To procure goods, works and services and undertake other associated functions in accordance with the duties and responsibilities laid down in Contract Procedure Rules. |
| GD9 | In consultation with the Director of Finance, IT and Digital and the Director of Neighbourhoods and Regulatory Services to authorise expenditure without recourse to the provisions of Financial Procedure Rules and/or Contract Procedure Rules in accordance with the Authority’s business continuity and emergency planning policies and procedures. |
| GD10 | In consultation with the Chair of the relevant Committee, the setting of fees and charges that have not been determined as part of the budget process, where the in-year additional income or expenditure does not have a gross full year effect greater than £100,000 i.e. where key decision test (i) does not apply. |
| GD11 | To exercise the functions, duties and responsibilities relating to the financial management of their service areas as set out in Financial Procedure Rules. |
| GD12 | To ensure that all staff in their service area are aware of the existence and content of the Financial Procedure Rules. |
| GD13 | To award grants to voluntary and community organisations and individuals in accordance with financial regulations, delegated budgets and Authority policy. |
| GD14 | To appoint (below the level of Chief Officer and as set out in the Officer Employment Rules), dismiss and deploy staff and deal with other employment matters in accordance with human resources policy, procedure and guidelines, subject to their actions being within their approved budget. |
| GD15 |
To represent the Authority at meetings, as appropriate, of any organisations where the Authority has an involvement or interest subject to:
|
| GD16 | To enter into partnership agreements/arrangements with other bodies to work collectively to achieve joint objective(s). When entering into partnership agreements/arrangements Chief Officers will ensure the appropriate policies and procedures are followed including the Constitution, and the other provisions of the Officer Delegation Scheme, Contract Procedure Rules and Financial Procedure Rules. |
| GD17 | To monitor the effectiveness of partnerships. |
| GD18 | To appoint officers as authorised officers of the Authority and to sign warrant and authorisation cards enabling staff to undertake their duties and enter land and premises pursuant to statute. |
| GD19 | Strictly in exceptional circumstances, such as a global pandemic, where Officers with the requisite delegations are incapacitated or absent, functions maybe exercised by any Officer within the Council with suitable experience and seniority who has been appropriately briefed and has sufficient understanding of the matter to be decided. |
| GD20 | Power to determine and implement a programme of promotional activities and events, including appropriate hospitality, within budget provision. |
| GD21 | Power to determine attendance of Officers in his/her division at events not on the Approved List of Conferences, Seminars and Meetings in accordance with the Council’ scheme of guidance. |
| GD22 | Variations to existing policies and procedures together with new policies/procedures which do not have significant service or corporate impact, where changes are necessary to ensure compliance with the law, Ministerial Direction or Government Guidance. |
| GD23 | Approval of Departmental service plans. |
| GD24 | Strategic service level financial and performance monitoring. |
| GD25 | Matters relating to bids for funding which do not have major financial or strategic significance, or which have either been approved in principle by the relevant Policy Committee or as part of the approved budget and policy framework. |
| GD26 | Involvement in grant allocations and other allocations of funding within the terms of a scheme or method of allocation previously agreed by the Council. |
| GD27 | Improvement plans and other key reports. |
| GD28 | Improvement plans and other key reports. |
| GD29 | Allocations, scheme designs and specifications within agreed programmes of works. |
| GD30 | Policies, plans and strategies which are not part of the budget and policy framework or otherwise reserved to a Policy Committee |
| GD31 | Powers for a variety of transactions within £100,000 in capital value and £50,000 in rental value (annual figure). The powers are to approve land and property disposals and acquisitions, leases, lettings, licences, wayleaves, easements, undertaking and concluding rent reviews, lease renewals and the release and amendments of restrictions, covenants and other land and property matters. |