Archived decisions

HAMPSHIRE COUNTY COUNCIL

Executive Decision Record

1. The decision:

1.1 That the Director of Property, Business and Regulatory Services, and such officers within Regulatory Services as she shall appoint for the purpose, be authorised to prosecute, defend and appear on the County Council's behalf in, legal proceedings before a magistrates' court relating to Regulatory Services, and to sign any relevant legal document in connection therewith.

2. Reason(s) for the decision:

2.1. To confirm the arrangements for institution of, and appearance in, legal proceedings in trading standards cases managed by Regulatory Services.

3. Other options considered and rejected:

3.1. Under Paragraph 14.3 of the Council's Constitution, the Head of Legal Services is authorised generally to commence, defend, or participate in, any legal proceedings in any case, where necessary, to give effect to decisions of the Council, or in any case where the Head of Legal Services considers it necessary to protect the Council's interests. However, Regulatory Services is responsible for the enforcement of a range of specialist legislation in respect of trading standards and consumer protection. It is felt appropriate that specific authorisation resides with the group of professional officers who are highly trained and experienced in this particular field.

4. Conflicts of interest:

4.1. Conflicts of interest declared by the decision-maker: none

4.2. Conflicts of interest declared by other Executive Members consulted: none

5. Dispensation granted by the Standards Committee: none.

6. Reason(s) for the matter being dealt with if urgent: not applicable.

7. Statement from the Decision Maker: none