Agenda item

          The Committee was advised that a number of Acts of Parliament provide for functions to be exercised by local authorities.  Some Acts provide that functions will be exercisable automatically and some functions may only be exercised after going through adoption processes.

          The Council had adopted certain functions many years ago but full records of the adoption process no longer exist. The report addressed the position relating to street trading which were adopted by the Council in 1982.

          It was appropriate for the Council to take steps to adopt (to the extent that it is not already in force) Section 3 and Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 – Street Trading.

          These proposals did not involve any change to existing Council policies.

          RESOLVED that the Council be requested to pass a resolution in the following terms:

1)    “the Operational Director Legal and Democratic Services  be authorised to prepare and publish notice of intent to pass a Designation Resolution as required under  Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982;

2)    the draft Designation Resolution be in the following terms:     

“[Introductory text to be determined when appropriate]

                    RESOLVED:

1)    To the extent that they are not already so designated for the purposes of  schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 the streets listed in the Schedule to this resolution shall be designated on and after the designation day as prohibited streets or consent streets as indicated in the Schedule;

2)    The designation day for the purposes of this resolution shall be  [           ] (being not before the expiration of the period of one month beginning with the day on which this resolution is passed);

3)    All powers, duties and provisions in the Council’s Constitution relating to the provisions of Schedule 4 of the Local Government (Miscellaneous Provisions) Act 1982 and all policies, practices and conditions relating thereto shall continue to apply on and after the designation day.

Schedule

Part 1 – Prohibited Streets

The following is a list of prohibited streets within the Borough of Halton.

Part 2 - Consent Streets

All streets within the Borough of Halton which are not designated as prohibited streets are designated as consent streets except streets owned or maintained by relevant corporations.”

3)    the matter be reported back to the Council to consider any representations relating to the proposed Designation Resolution and to consider passing the Designation Resolution.”