Issue - meetings

The Executive Board Sub-Committee considered the attached report.

RECOMMENDED: That Standing Orders relating to duties of proper officers and delegation to officers be amended as follows:-

(1)               references to ‘formal cautions’ in paragraphs 152 and 172 of these Standing Orders be replaced with references to ‘simple cautions’; and

(2)       the list of Acts included as Appendix B to these Standing Orders be amended by the addition of the Fraud Act 2006, the Licensing Act 2003 and the Protection of Children (Tobacco) Act 1986, and by the deletion of the Mock Auctions Act 1961 and the Trading Representations (Disabled Persons) Act 1958.

The Executive Board Sub-Committee had considered a report requesting that amendments be made to Standing Orders relating to Duties of Proper Officers and Delegation to Officers in the light of changes to the system of Home Office style cautions (used by a number of the Council’s Officers as an enforcement tool) and to add Acts of Parliament to/delete Acts of Parliament from the list of Acts enforced by Officers of the Consumer Protection Service.

RESOLVED: That Standing Orders relating to Duties of Proper Officers and Delegation to Officers be amended as follows:

1)            references to “formal cautions” in paragraphs 152 and 172 of these Standing Orders be replaced with references to “simple cautions”; and

2)         the list of Acts included as Appendix B to these Standing Orders be amended by the addition of the Fraud Act 2006, the Licensing Act 2003 and the Protection of Children (Tobacco) Act 1986, and by the deletion of the Mock Auctions Act 1961 and the Trading Representations (Disabled Persons) Act 1958.

The Board considered a report of the Strategic Director, Health and Community which requested that amendments be made to standing orders relating to duties of proper officers and delegation to officers, in light of changes to the system of home office style cautions (used by a number of the Council’s officers a an enforcement tool) and to add Acts of Parliament to / delete Acts of Parliament from the list of Acts enforced by officers of the Consumer Protection Service.

The Board was advised that for some years the criminal justice system provided for a system of Home Office style ‘formal cautions’, which were available for use by enforcers as an alternative to instituting criminal Court proceedings, under particular circumstances.  Earlier in the year this system of cautioning changed and ‘formal cautions’ were replaced with ‘simple cautions’ and ‘conditional cautions’.  Presently, only the Police may issue the latter.  It was therefore necessary to replace any references to ‘formal cautions’ in the Council’s Constitution, with the new reference of ‘simple caution’.

RESOLVED: That the Council be recommended to amend Standing Orders relating to duties of proper officers and delegation to officers as follows:-

(1)                    references to ‘formal cautions’ in paragraphs 152 and 172 of these Standing Orders be replaced with references to ‘simple cautions’; and

(2)          the list of Acts included as Appendix B to these Standing Orders be amended by the addition of the Fraud Act 2006, the Licensing Act 2003 and the Protection of Children (Tobacco) Act 1986, and by the deletion of the Mock Auctions Act 1961 and the Trading Representations (Disabled Persons) Act 1958.