Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

1. Executive Summary

1.1. This report seeks confirmation of the arrangements for institution of, and appearance in, legal proceedings in trading standards cases managed by Regulatory Services.

2. Current Position

2.1. Under Paragraph 14.3 of the Council's Constitution, the Head of Legal Services is authorised 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. This authorisation was previously given to the Head of Corporate and Legal Services, until April 2009, when it was reassigned following the retirement of the post holder.

2.2. This broad delegated authority generally forms the basis on which the Council becomes involved in legal proceedings, through decisions by the Head of Legal Services and staff authorised by him to act on his behalf.

2.3. Regulatory Services is responsible for the enforcement of a range of legislation in respect of trading standards and consumer protection. This requires specialist expertise on the part of a group of professional officers who are highly trained and experienced in this particular field.

2.4. For some years, therefore, the practice has been for senior officers in Regulatory Services to be authorised to institute proceedings in, and appear before, the Magistrates' Court in connection with cases brought under trading standards legislation. This arrangement was last subject to member review in 1996, when the Public Protection Committee confirmed that authority to commence and appear in such proceedings was granted to "the Director of Property, Business and Regulatory Services, and such officers from Regulatory Services as he shall appoint for the purpose".

2.5. Since the introduction of the Council's Constitution in 2001, including the provision referred to at paragraph 2.1 above, practice has been for the written authorisation of individual officers in Regulatory Services to be jointly signed by the Director of Property, Business and Regulatory Services and the Head of Corporate and Legal Services.

2.6. However, it will assist our prosecuting officers to have with them, in court, an up to date record of their authorisation from the Council's executive. In doing so, it is also helpful to clarify that there is no conflict between the authorisation of a particular group of staff, to institute and appear in proceedings in a specific area of service activity, and the more general authorisation referred to at paragraph 2.1 above.

3. Scope of Authorisation

3.1. The scope of the authorisation felt appropriate is consistent with that agreed previously, and is referred to in the recommendation below.

4. Recommendation

4.1. 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.

CORPORATE OR LEGAL INFORMATION:

Links to the Corporate Strategy

IMPACT ASSESSMENTS:

1. Equalities Impact Assessment:

1.1. No adverse impact

2. Impact on Crime and Disorder:

2.1. Efficient arrangements for decision making facilitates effective enforcement of legislation.

3. Climate Change:

a) How does what is being proposed impact on our carbon footprint / energy consumption?
No impact

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?
Not relevant