Council Constitution

Part 3a - Terms of Reference and Scheme of Delegation

D. Borough Solicitor

1. To institute and defend legal proceedings.
   
   
2. To settle disputes and litigious actions.
   
   
3. To apply for warrants to enter property.
   
   
4. To execute documents under Seal and to authorise the Deputy Borough Solicitor, Assistant Borough Solicitor, Chief Executive, Assistant Chief Executives, Head of Pension Fund (Legal) and the Strategic Procurement Solicitor, to do the same.
   
   
5. To authorise the appearance of non-admitted legal staff in the Magistrates Court in accordance with the provisions of Section 223 of the Local Government Act 1972.
   
   
6. In consultation with the Head of Planning to determine applications under Sections 191 and 192 of the Town and Country Planning Act 1990 for lawful development certificates.
   
   
7. To pay compensation approved by the District Valuer for Discontinuance and Revocation Orders provided such compensation is within the estimate previously approved.
   
   
8. To issue Enforcement Notices, Stop Notices and Temporary Stop Notices and take further enforcement action, following consultation with the Head of Planning.
   
   
9. To apply for injunctions, in appropriate cases, where there are any breaches of planning control, Tree Preservation Orders or Listed Building and Conservation legislation, and to give any undertakings as to damages in such cases.
   
   
10. To issue Breach of Condition Notices in consultation with the Head of Planning.
    
    
11. In conjunction with the Executive Director (Economy and Environment) to grant, refuse, revoke, renew, make conditions and administer the procedure relating to the use of premises as a venue for civil marriages under the appropriate Sections of the Marriage Act 1949 (as amended by the Marriage Act 1994), and the Marriages (Approved Premises) Regulations 1995.
    
    
12. After consultation with appropriate officers, to enter into Agreements and Bonds with developers in accordance with planning and highways legislation.
    
    
13. In consultation with the appropriate Cabinet Deputy to authorise an appropriate Officer of the Senior Management Team to enter into negotiations for the supply of goods, materials or services, or the execution of work subject to the provisions contained in Paragraph C3.2 of Procurement Standing Orders.
    
    
14. In consultation with the appropriate Cabinet Deputy, the making of all relevant Compulsory Purchase Orders, and declaration of Clearance Areas.
    
    
15. To administer cautions on behalf of the Council and to authorise other appropriate Officers at his/her discretion to administer cautions on behalf of the Council.
    
    
16. To allow any exemptions to Procurement Standing Orders. following consideration of a written report, in consultation with the appropriate Cabinet Deputy.
    
    
17. To issue a Certificate of Opinion in connection with the Local Government and Housing Act 1989 – Politically Restricted Post.