8. Proper officer provisions
The relevant post holders listed below have been designated as Proper Officers for the purposes of the adjacent legislative provisions and any subsequent amendments:
Legislative Provision | Function | Proper Officer |
Local Government Act 1972 | ||
S.83(1) to (4) | Witness and receipt of Declaration of Acceptance of Office | |
S.84(1) | Receipt of notice of resignation of elected member | Chief Executive |
S.88(2) | Arranging a Council meeting to appoint a Chair of the Council | |
S.89(1) | Notice of casual vacancy | Chief Executive |
S.100 (except 100(D)) | Admission of public (including press) to meetings | Assistant Director - Governance |
S.100(b)(2) | The officer also may exclude from agendas any information which is likely to be dealt with in the absence of press and public | Assistant Director - Governance |
S.100(B)(7) | The officer to supply to newspapers copies of documents supplied to Councillors | Assistant Director - Governance |
S.100(C)(2) | The officer to prepare a written summary of the proceedings at committees and sub-committees | Assistant Director - Governance |
S.115(2) | Receipt of money due from officers | Director of Corporate Resources |
S.146(1)(a) and (b) | Declarations and certificates with regard to transfer of securities | Director of Corporate Resources |
S.151 (and S.114 Local Government and Finance Act 1988) | The officer responsible for the proper administration of the Council’s financial affairs | Director of Corporate Resources |
S.191 | Officer to whom an application under S.1 of the Ordnance Survey Act 1841 will be sent | Director of Corporate Resources |
S.225 | Deposit of documents | Assistant Director - Governance |
S.228(3) | Accounts for inspection by any member of the Council | Director of Corporate Resources |
S.229(5) | Certification of photographic copies of documents | Principal Solicitor |
S.236(9) and (10) | Sending of copies of byelaws to parish councils, parish meetings and County Council | Principal Solicitor |
S.238 | Certification of byelaws | Chief Executive |
S.248 | Officer who will keep the Roll of Freemen | Chief Executive |
Schedule 12 Local Government Act 1972 | ||
Para 4(2)(b) | Signing of summons to Council meeting | Monitoring Officer |
Para 4(3) | Receipt of notice about address to which summons to meeting is to be sent | Monitoring Officer |
Schedule 14 | ||
Para 25 | Certification of resolution passed under this paragraph | Director of Development |
Schedule 16 | ||
Para 28 | Deposits of lists of buildings of special architectural or historic interest | Director of Development |
Local Government Act 1974 | ||
S.30(5) | To give notice that copies of an Ombudsman’s report are available | Monitoring Officer |
Local Government (Miscellaneous Provisions) Act 1976 | ||
S.41(1) | The officer who will certify copies of evidence of resolutions and minutes of proceedings | Monitoring Officer |
Local Authorities Cemeteries Order 1977 | ||
Regulation 10 | To sign exclusive rights of burial | Director of Development |
Representations of the People Act 1983 | ||
S.8 | Registration Officer | Chief Executive |
S.35 | Returning Officer for Local Elections | Chief Executive |
S.24 | Acting Returning Officer for a Parliamentary Election | Chief Executive |
S.82 and 89 | Receipt of election expense declarations and returns and the holding of those documents for public inspection | Chief Executive |
Local Elections (Principal Area) (England and Wales) Rules 2006 | ||
Rule 54 | Retention and public inspection of documents after an election | Chief Executive |
Local Elections (Parishes and Communities) (England and Wales) Rules 2006 | ||
Rules 54 and 48 | Retention and public inspection of documents after an election | Chief Executive |
Local Government and Housing Act 1989 | ||
S.2(4) | Recipient of the list of politically restricted posts | Monitoring Officer |
S.3 | Employers certificate for exemption from politically restricted posts | Monitoring Officer |
S.4 | Head of the Paid Service | Chief Executive |
S.5 | The Monitoring Officer | Assistant Director - Governance |
S.15 | Officers to receive notices relating to membership of political groups | Monitoring Officer |
Local Government (Committees and Political Groups) Regulations 1990 | ||
For the purposes of the composition of committees and nominations to political groups | Monitoring Officer | |
Local Authorities (Standing Orders) (England) Regulations 2001 | ||
Officer who will give written notice of appointment or dismissal of officers listed in Schedule 1, Part II, paragraph 3 | Chief Executive | |
Local Government Act 2000 | ||
All references to the Proper Officer in the Local Government Act 2000 and subordinate legislation | Chief Executive except as specifically provided in this scheme | |
The Local Authorities (Executive Arrangements) Access to Information (England) Regulations 2000 | ||
Regulation 3 | Recording of Executive decisions made at meetings of the Cabinet | Monitoring Officer |
Regulation 5 | Inspection of documents following Executive decisions | Monitoring Officer |
Regulation 6 | Inspection of background papers | Monitoring Officer |
Regulation 9 | Individual Executive decisions | Monitoring Officer |
Regulation 11 | Access, to agenda and connected reports | Monitoring Officer |
Regulation 12 | Publicity in connection with key decisions | Monitoring Officer |
Regulation 15 | General exception relating to the Forward Plan | Monitoring Officer |
Regulation 17 | Members’ rights of access to documents | Monitoring Officer |
Regulation 21 | Confidential/exempt information and exclusion of public from meetings | Monitoring Officer |
Public Health (Control of Disease) Act 1984 | ||
S.31 | Certification by officer of need for disinfection of premises | Director of Health and Well Being |
S.32 | Certification by officer of need to remove person from infected house | Director of Health and Well Being |
Public Health Act 1936 | ||
S.85(2) | To serve notice requiring remedial action where there are verminous persons or articles | Director of Health and Well Being |
Public Health Act 1961 | ||
S.37 | Control of any verminous article | Director of Health and Well Being |
| |||||||||
Advertisements
Advertising Policy - The inclusion of an advertisement on this site does not imply a recommendation or endorsement by NEDDC.
