Appointment of Statutory and Proper Officers
Council Constitution
Part 3d - Appointment of Statutory and Proper Officers
- 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.
- 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.
- 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) |
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) |
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 |
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 |


