Decision details
Delegation of enforcement powers set out in The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020.
Decision Maker: Chief Executive - Gareth Edmundson
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To enter into a delegation agreement between the County Council and the City Council (and the other district councils in Gloucestershire) relating to the exerciseof enforcement powers set out in The Health Protection(Coronavirus, Restrictions) (England) (No. 3) Regulations 2020.
This decision is made in exercise of the urgency decision making powers of the Chief Executive under Constitution Part 3E.18 Table 6:
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Take an urgent decision in respect of an Executive Function (excluding a key decision) in a situation where there is not sufficient time for a report to be considered by the Leader, Cabinet or Lead Member |
Wherever possible this shall be done in consultation with the Leader and Lead Member (where not the Leader). The decision shall be reported to the next scheduled ordinary Cabinet meeting |
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Make arrangements with other local authorities for the placing of staff at the disposal of those other authorities |
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Reasons for the decision:
The County Council is the enforcement authority for Gloucestershire in relation to the enforcement powers set out in The Health Protection (Coronavirus, Restrictions) (England) (No. 3) Regulations 2020 (‘the Regulations’).
The County Council and the Council, together with all the other district councils in Gloucestershire wish to make arrangements for the discharge of the enforcement powers referred to in the Regulations as set out in an Agreement.
The Agreement is entered into pursuant to Section 101 of the Local Government Act 1972, Section 9EA of the Local Government Act 2000 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012.
The Agreement states that the County Council delegates to the Council, on a non-exclusive basis, the power to discharge enforcement functions. It specifically provides that, unless there is insurance cover in place, the Council and County Council will share any risk equally.
Alternative options considered:
Not to enter into the delegation agreement.
Other reasons / organisations consulted
Director of Environment and One Legal
Results of consultation-Indemnity risks to be shared equally with GCC where there is no relevant insurance cover – this has been withdrawn for liability issues relating to Covid-19.
Contact: Mike Redman, Director of Climate Change and Place Services Email: [email protected] Email: [email protected].
Publication date: 08/02/2021
Date of decision: 04/02/2021