PROPER OFFICER/STATUTORY APPOINTMENTS

The following Proper Officer/Statutory Appointments were approved by the Borough Council on 25th February 1997, under Clause 9 and amended on 1 March 2005 in the light of ‘Organising for Excellence’ :-

1.       POWERS DELEGATED TO THE CHIEF EXECUTIVE

(A)    The Council's Chief Executive has been appointed the Proper Officer in relation to:-

(i)      Any reference in any enactment passed before or during the 1971/1972 Session of Parliament, other than the Local Government Act 1972, or in any instrument made before the 26th day of October 1972 to the Clerk of a Council which, by virtue of any provision in the said Act, is to be construed as a reference to the Proper Officer of the Council;

(ii)      Any reference in any local statutory provision to the Clerk of a specified Council which is, by virtue of any statutory instrument or order, to be construed as a reference to the Proper Officer of the Council;

(iii)     The following provisions in the Local Government Act 1972 as and from the date on which they came into force:-

(a)     Section 83(1) and (2) and (3) - the Officer to whom a person elected to the office of Chairman, Vice-Chairman or Councillor of the Council shall deliver a declaration of office in a form prescribed by rules made under Section 42 of the Act;

(b)     Section 84 - the Officer to whom a person elected to any office under the Act may give written notice of resignation;

(c)     Section 88(2) - the Officer who may convene a meeting for the election of Chairman of the Council following a casual vacancy in that office;

(d)     Section 89(1)(b) - the Officer who receives notice of casual vacancies from two local government electors;

(e)     Section 96(1) - the Officer to whom a member of the Council shall give notice to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is  the tenant of any premises owned by the Council;

(f)      Section 96(2) - the Officer who shall record particulars of any disclosures made under Section 94 and of any notice given under Section 96(1) of the Act;

(g)     Section 204(3) - the Officer who shall receive notice of applications for justices' licences;

(h)     Section 210(6) and (7) - the Officer who shall act in relation to Charities;

(i)      Section 225(1) - the Officer with whom documents shall be deposited;

(j)      Section 229(5) - the Officer who shall certify a photographic copy of a document in the custody of the Council or of a document which has been destroyed while in the custody of the Council, or of any part of any such document;

(k)     Section 234 - the Officer who may authenticate documents on behalf of the Council;

(l)      Section 236 - the Officer who shall send copies of By-laws to the County Council and receive the same from the County Council;

(m)    Section 238 - the Officer who shall certify a printed copy of a By-law of the Council;

(n)     Section 248 - the Officer who shall act in relation to the role of freemen;

(o)     Schedule 12, Part I, Para. 4(2)(b) - the Officer who shall sign a summons to attend a Council meeting;

(p)     Schedule 12, Part I, para. 4(3) - the Officer to whom a member of the Council shall give a notice in writing desiring summonses to attend meetings of the Council to be sent to an address specified in the notice other than his place of residence;

(q)     Schedule 14, Part II, Para. 25(7) - the Officer who shall certify a resolution of the Council under this paragraph;

(iv)     the provisions of the Regulations under Sections 15 to 17 of the Local Government and Housing Act 1989 regarding:-

(a)     the receipt of Notices from Members concerning:

(i)      the constitution of political groups

(ii)      the membership of political groups;

(iii)     the wishes of political groups;

(iv)     the review of the allocation of seats to political groups.

(b)     the notification to Political Groups of

(i)      the allocation of seats to political groups;

(ii)      the vacation of a seat allocated to a political group.

(v)     the provisions of the Local Government (Access to Information Act) 1985;

(vi)     the provisions of the Local Authorities (Members Interests) Regulations 1989.

(B)     The Chief Executive has been appointed the 'Registration Officer' in accordance with Section 8 of the Representation of the People Act 1983.

(C)    The Chief Executive has been appointed the 'Returning Officer' in accordance with Section 35 of the Representation of the People Act 1983.

(D)    The Chief Executive has been appointed 'Head of the Paid Service' for the purposes of Section 4 of the Local Government and Housing Act 1989.

(E)     The Chief Executive has been appointed 'Head of the Paid Service' for the purposes of the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 SI2417 made under Section 30 of the Regulation of Investigatory Powers Act 2000.

2.       POWERS DELEGATED TO THE HEAD OF RESOURCES

(a)     The Council's Head of Resources has been appointed the Proper Officer in relation to the following provision in the Local Government Act 1972 as and from the date on which it came into force:-

                   Section 191 - the Officer for the receipt of applications in relation to ordnance survey.

(b)     The Head of Resources has been appointed the Proper Officer in relation to the following provisions in:-

1.  the Local Government Act 1972 as and from the date on which they come into force:-

(i)      Section 115(2) - the Officer who shall receive all money due from every officer employed by the Council;

(ii)      Section 151 - the Officer responsible for the administration of the financial affairs of the Council;

(iii)     Section 146(1) - the Officer in relation to transfers of securities on alteration of area etc.

2.  the Local Government and Housing Act 1989:-

(i)      Section 6 - the Officer responsible for the administration of financial affairs;

(ii)      Section 37 (inserting Section 137A of Local Government Act 1972) - the Officer responsible for the deposit of a statement or report or accounts from a voluntary body in receipt of financial assistance above the relevant limit.

3.  Section 114 of the Local Government Finance Act 1988 - the Officer responsible for preparing a report in the case of unlawful expenditure.

(c)     The Head of Resources has been authorised to deposit the Statutory Lists of "Politically Restricted Posts" with the Proper Officer in accordance with Section 2 of the Local Government and Housing Act 1989.

3.       POWERS DELEGATED TO THE HEAD OF LAW AND CORPORATE GOVERNANCE

          The Head of Law and Corporate Governance has been appointed the Proper Officer in relation to the following provisions in Section 5 of the Local Government and Housing Act 1989 – the Council’s designated 'Monitoring Officer'.

4.       POWERS DELEGATED TO THE HEAD OF PUBLIC PROTECTION

(a)  The Head of Public Protection has been appointed the Proper Officer in relation to

the Registration Service Act 1953 - for Civil Registration for the Bournemouth Registration District.

(b) The Head of Public Protection has been appointed the Registrar in relation to Section

   17 of the Cremation Regulations 1930.

5.       POWERS DELEGATED TO VARIOUS OFFICERS

          The Officers indicated have been appointed as Proper Officer and authorised to undertake the following functions in relation to the provisions of the Local Government Act 1972 (as amended):-

(NOTE: Where in any legislation reference is made to a Proper officer of the Council and no officer has been appointed by the Council to act for that purpose, then the Chief Executive will be deemed to be the Proper Officer until a resolution is passed by the Council appointing a particular officer as Proper Officer of the Council for that purpose.)