Decision No: CAB044 - 07/2008

Forward Plan No: ET03027

This record relates to B3a on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

28/07/2008  

DECISION-MAKER:

CABINET MEMBER FOR ENVIRONMENT AND TRANSPORT  

PORTFOLIO AREA:

Environment and Transport  

SUBJECT:

Delegated Authority to Appoint Inspectors for the Animal Welfare Act  

AUTHOR:

Ralph Walling  

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
(i) That the Head of Environmental Health & Consumer Protection be given delegated authority to appoint Inspectors under the Animal Welfare Act 2006.

(ii) That arrangements be made, under the Local Government Act 1972 section101, Section 19 Local Government Act 2000 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000, Regulation 7, for the discharge of the Animal Welfare function to any other Local Authority, to enable external persons to be appointed as inspectors.

(iii) That the Solicitor to the Council be given delegated authority to do anything necessary to give effect to recommendation (ii).  

REASONS FOR THE DECISION

1. The Council needs to appoint an inspector in order to use the powers in the Animal Welfare Act 2006. Currently the council’s Animal Welfare Officer is authorised as an inspector through the scheme of delegations. However, as new legislation, the Act has been added to the latest version of the council’s constitution and so the delegated authority needs to be incorporated into the Officer Scheme of Delegation accordingly.

2. Animal Welfare expertise is limited to one or two officers from each authority. To support each other in complex cases and cover staff absence, officers have been working with colleagues from neighbouring authorities towards being authorised to act in each other’s areas. Trading Standards has a Service Level Agreement with Hampshire County Council to provide Animal Health and Welfare services. The Council needs to enter into arrangements under the Local Government Act 1972, s.101, for these purposes.  

DETAILS OF ANY ALTERNATIVE OPTIONS

Not entering into the section. 101 arrangements and therefore not appointing officers from the Borough and County Councils as Inspectors. Rejected because:
• this would cause problems in the event of staff absence, although this is expected to be a very occasional occurrence.
• Trading Standards Service would have to develop expertise to visit a very small number of premises within the City currently inspected by Hampshire County Council Animal Health Officers.  

OTHER RELEVANT MATTERS CONCERNING THE DECISION

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

28/07/2008

Cabinet Member for Environment and Transport

Proper Officer:

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

29 July 2008 to 05 August 2008

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Call-in heard by (if applicable)

Results of Call-in (if applicable)