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Appointment of Statutory and Proper Officers

Council Constitution

Part 3d - Appointment of Statutory and Proper Officers

  1. In this Constitution the posts set out below shall be the designated Statutory and Proper Officer for the Council and those posts shall undertake the specific responsibilities attached to the role of the specific Statutory and Proper Officer.

  2. In the event of any Officers mentioned below being for any reason unable to act or of any of their posts being vacant, the Chief Executive or in her absence, the Borough Solicitor, and in the absence of both, the Borough Treasurer, shall nominate an Officer to act in their stead.

  3. Until the Council decides otherwise the Chief Executive is appointed the Proper Officer for the purpose of all statutory provisions, whether existing or future, in respect of which no express Proper Officer appointment has, for the time being, been made.

Statutory Officers

Legislation

Section

Statutory Officer

Allocated To

Local Authority Social Services Act 1970

S6

Director of Social Services (Adult Services only)

Director for Adult Services

Local Government Act 1972

S151

Chief Finance Officer

Borough Treasurer

Local Government and Housing Act 1989

S4

Head of Paid Service

Chief Executive

Local Government and Housing Act 1989

S5

Monitoring Officer

Borough Solicitor

Education Act 1996

S532

Chief Education Officer

Executive Director (Services for Children and Young People)

Childrens Act 2004

S18

Director of Childrens Services

Executive Director (Services for Children and Young People)

Proper Officers

Legislation

Section

Provision

Proper Officer

Any reference to any enactment passed before or during the 1971-72 session of Parliament other than the Local Government Act 1972 or in any instrument made before 26th October 1972 to the Town Clerk of a Borough which, by virtue of any provision of the said Act, is to be construed as a reference to the Proper Officer of the Council.

Chief Executive

Any reference in any local statutory provision to the Clerk of the Council or similar which, by virtue of an order made under the Local Government Act 1972 or the Local Government Act 1992, is to be construed as a reference to the Proper Officer of the Council.

Chief Executive

National Assistance Act 1948

All

Public Health (misc)

Head of the Greater Manchester Health Protection Unit and/or his/her duly authorised nominees

National Assistance (Amendment) Act 1951

All

Public Health (misc)

Head of the Greater Manchester Health Protection Unit

Registration Services Act 1953

 

S9(1)
S3(b)
S13(2)(h)
S20(b)

Registration of Births, Deaths and Marriages

Borough Solicitor

 

Registration of Births, Deaths and Marriages Regulations 1968 - 1994

Borough Solicitor

Local Government Act 1972

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

S13(3)

Parish Trustee

Chief Executive

S83(1)-(4)

Witness and receipt of declaration of acceptance of office

Chief Executive

S84

Receipt of declaration of resignation of office

Chief Executive

S88(2)

Convening of meeting of Council to fill casual vacancy in office of Chair/Mayor

Chief Executive

S89(1)(b)

Receipt of notice of casual vacancy from two local government electors

Chief Executive

S96(1)

Receipt of notices of pecuniary interests

Chief Executive

S94 & 96(2)

Keeping of record of disclosures and notice of pecuniary interests

Chief Executive

S100(B)(2)

Circulation of reports and agendas

Chief Executive

S100(B)(7)

Supply of papers to press

Chief Executive

S100(C)(2)

Summary of minutes

Chief Executive

S100(D)(1)(a)

Compilation of background papers

Chief Executive

S100(D)(5)(a)

Identification of background papers

Chief Executive

S100(F)

Identification of confidential documents not open to Members

Chief Executive

S115(2)

Receipt of money due from Officers

Borough Treasurer

S146(1) (a) & (b)

Declarations and certificates with regard to securities

Borough Treasurer

S191

Functions in respect of Ordnance Survey

Executive Director (Economy and Environment)

S204(3)

Receipt of application for licence under Licensing Act 1964

Executive Director (Economy and Environment)

S210(6) & (7)

Charity functions of holders of offices with existing authorities transferred to holders of equivalent office with new authorities, or if there is no such office, to the Proper Officer

Borough Treasurer

S225(1)

Deposit of documents

Chief Executive

S228(3)

Accounts - to be open for inspection

Borough Treasurer

S229(5)

Deposit of documents - certification

Borough Solicitor

S234

Authentication of documents

Borough Solicitor

S234(2)

Statutory Notices under various Public Health and associated legislation

Executive Director (Economy and Environment)

S236(9) & (10)

Service of Byelaws on other Authorities

Borough Solicitor

S238

Certification of Byelaws

Borough Solicitor

Schedule 14 Para 25(7)

Certification of resolutions - Para 25

Borough Solicitor

S248 (2)

Keeping roll of Freeman

Chief Executive

Schedule 12 Para 4(2)(b)

Signature of summons to Council

Chief Executive

Schedule 12 Para 4 (3)

Receipt of notices regarding addresses which Summons to meeting are to be sent

Chief Executive

Schedule 16 Para 28

Receipt of deposit lists of protected buildings

Executive Director (Economy and Environment)

N/A

Any reference in any local statutory provision to the Treasurer of a specified Council or the Treasurer of a specified Borough which, by virtue of order made under Section 254 of the Local Government Act 1972, or the Local Government Act 1992, is to be construed as a reference to the Proper Officer of the Council

Borough Treasurer

N/A

Any reference in any enactment passed before or during the 1971/72 session of Parliament other than the Local Government Act 1972 or in any instrument made before 26th October 1972 to the Treasurer or a Treasurer of a Borough which virtue of any provision of the said Act is to be construed as a reference to the Proper Officer of the Council

Borough Treasurer

Local Government Act 1974

S30(5)

Notice of Local Government Ombudsman report

Chief Executive

Local Government (Miscellaneous Provisions) Act 1976

S41

Certification of copies of resolutions, Minutes, other documents

Chief Executive

Rent (Agriculture) Act 1976

All

Provision of alternative accommodation Regeneration and Architecture

Executive Director (Economy and Environment)

Local Authorities Cemeteries Order 1977

 

All

Officer of the burial authority

Executive Director (Economy and Environment)

All

Registrar for various matters relating to cremation Health and to nominate a Medical Referee and Deputy Referees under the regulations

Executive Director (Economy and Environment)

Cremation Regulations

All

Registrar for various matters relating to cremation Health and to nominate a Medical Referee and Deputy Referees under the regulations

Executive Director (Economy and Environment)

Rent Act 1977

S15

Certificates of provision of suitable alternative Regeneration and Architecture Part IV accommodation

Executive Director (Economy and Environment)

Highways Act 1980

 

 

 

 

 

S37(5)

Deposit of Certificate of Dedication or copy order

Executive Director (Economy and Environment)

S205(3)

Preparation of specification estimate and provisional appointment

Executive Director (Economy and Environment)

S205(3)

Certification of copies of resolution and approved documents

Executive Director (Economy and Environment)

S210(2)

Certifications of document giving details of estimate and consequential amendment of provisional appointment

Executive Director (Economy and Environment)

S211(1)

Making final appointment

Executive Director (Economy and Environment)

S216(2) & (3)

Settlement of proportion of amount

Executive Director (Economy and Environment)

Greater Manchester Act 1981

S60(5)(a)

Receipt of objections to proposals to designate places for touting, hawking, photographing etc.

Borough Solicitor

Rates Act 1984

S7

Certification of rate

Borough Treasurer

Building Act 1984

 

S61(2)

Repair etc., of drain

Executive Director (Economy and Environment)

S78

To act as “the surveyor” empowered to take and authorise emergency action in respect of damage to dangerous buildings, walls etc.

To order the demolition of buildings rendered dangerous by damage, without prior authorisation of the Council

Executive Director (Economy and Environment)

Public Health (Control of Diseases) Act 1984

 

 

 

 

 

S11(1)
S11(3)
S18(1)
S20(1)
S21(1)
S22(1)
S23(2)
S24(1)
S26(2)
S29(4)
S30(2)
S31(1)
S32(1)
S34(3), (5)
S35(1)
S36(1)
S37(1)
S38(1)
S39(1), (3)
S40
S41(1)
S42(1)
S43(1)
S48(1)
S50(2)(b)
S51(1)

Control of Diseases (various)

Head of Greater Manchester Health Protection Unit his/her duly authorised nominees and the Executive Director (Economy and Environment)

 

 

 

 

 

Weights and Measures Act 1985

S72

Chief Inspector (Weights and Measures)

Executive Director (Economy and Environment)

Local Elections (Principal Areas) Rule 1986

Rule 44

Receipt from Returning Officer of names of persons elected to Council

Chief Executive

Rule 46, 47

Receipt from Returning Officer of election documents

Chief Executive

Rule 48, 49, 51

Retention of election documents and making them available for public inspection

Chief Executive

Elections

 

 

N/A

Registration Officer for any constituency or part of a constituency coterminus with or contained in the Tameside Metropolitan Borough

Chief Executive

N/A

Returning Officer for the election of Councillors for the Tameside Metropolitan Borough

Chief Executive

N/A

Officer who may do acts in respect of Registration in the event of the Chief Executive's incapacity

Deputy Chief Executive

The Public Health (Infectious Diseases) Regulations 1988

Regs 6
Regs 8
Regs 9
Regs 10
Regs 11
Regs 12
Regs 13
Schedule 3 & 4

Infectious Diseases

Head of the Greater Manchester Health Protection Unit

Milk and Dairies (General) Regulations 1988

Part VII (Regulations 18 to 20)

Statutory Provision Pasteurisation Orders

Head of the Greater Manchester Health Protection Unit and his/her duly authorised nominees

Local Government and Housing Act 1989

S2

Receipt of list of Politically Restricted Posts

Chief Executive

S19

Members interests - notification

Chief Executive

S15, 16, 17

Receipt of notices relating to Political Groups

Chief Executive

Environmental Protection Act 1990

S149

Stray dogs

Executive Director (Economy and Environment)

Council Tax (Administration and Enforcement) Regulations 1992

Reg 7

Service of Attachment of Earnings Orders

Executive Director of Neighbourhood and Community Services

The Local Authorities (Executive Arrangements) (Access to Information (England) Regulations 2000

Regs 3 and 4

Recording of collective Executive Decisions Verification etc. of Mayoral Petitions

Chief Executive

The Local Authorities (Standing Orders) (England) Regulations 2000

Regs 3 and 4 and Schedule 1

Provision relating to the appointment and dismissal of staff

Chief Executive


Page last updated: 23 October 2008