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You are Here: The Constitution / Constitution Part 3 / The Constitution Part 3 : Schedule 4 / Public Protection
Public Protection

 

DELEGATION TO THE HEAD OF PUBLIC PROTECTION AND OTHER DESIGNATED OFFICERS TO ACT IN RESPECT OF THE FOLLOWING LEGISLATION AND BYELAWS:

Act

Section

Duty

     

Accommodation Agencies Act 1953

 

Prohibits the taking of commission from persons seeking rented accommodation

     

Administration of Justice Act 1970

40

Harassment of debtors

     

Administration of Justice Act 1985

35

Offences for describing yourself as a licensed conveyancer unless licensed

     

Agricultural Act 1970

67

Duty of Council to enforce re animal feeding stuffs and fertilisers. Duty to appoint analyst and inspectors

 

76

Powers to enter premises and take samples

     

Agriculture (Miscellaneous Provisions) Act 1968

6

Authority to enter and observe

     

Agricultural Produce (Grading and Marking) Acts 1928 & 1931

 

Controls the grading and marking of certain agricultural products.

     

Animal Boarding Establishments Act 1963

1

Determination of applications for licences to keep boarding establishments

 

2

Inspection of Premises and authorisation of inspections

 

4

Authority to instruct the Director of Central to take legal proceedings for offences relating to the keeping of animal boarding establishments subject to satisfactory evidence.

     

Animal Health Act 1981

13

Enforcement of Control of Dogs Order 1930

     

Animal Health Act 1981 (as amended)

 

Authority to execute and enforce the Act and Orders relating to identification, records and movement of animals

     

Anti-Social Behaviour Act 2003

40

Closure of noisy premises

     
 

41

Supplementary closure of noisy premises – delegations

     
 

54

Prohibits sale of aerosol paint to under 16’s. No specific duty-common informers Act.

     

Borough of Bournemouth (Control of Dogs on Roads) Orders 1985 & 1989

 

Enforcement of requirement to hold a dog on a lead while on a designated road

Bournemouth Borough Council Act 1985

5

Registration of Hairdressers and Barbers

     

Breeding of Dogs Act 1973

1

Determination of application for a licence to keep a dog breeding establishment

 

2

Inspection of dog breeding establishment

 

3

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to keeping of dog breeding establishments subject to satisfactory evidence

     

Breeding of Dogs Act 1991

1

Authority to inspect premises not covered by the Breeding of Dogs Act 1973

 

2

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to obstruction of an authorised officer subject to satisfactory evidence

     

Building Act 1984

59

Notice by local authority requiring execution of works of drainage etc. in existing building

 

60

Power to remedy unsatisfactory soil pipe & ventilation shaft

 

76

Service of notice and execution of works relating to defective premises

 

95

Authority to enter premises for the purposes of this Act

 

97

Power to execute works on owners behalf or in default

 

107

Power to recover expenses

     

Business Names Act 1985

 

Controls the ways in which business make their trading names and addresses known

     

Byelaws for the Regulation of Dogs

 

Enforcement of the requirement to not allow a dog to be in a designated area in parks, open spaces and beaches

   

Enforcement of the requirement to hold a dog on a lead in certain designated areas in parks, open spaces and beaches

     

Cancer Act 1939

 

Prohibits advertisements to treat, advise or prescribe remedy for cancer. No specific duty-common informers.

     

Caravan Sites and

3

Power to issue site licences

Control of Development Act

5

Power to attach conditions to site licences

1960

8

Power to alter site licence conditions

 

9(1)

Power to prosecute for failure to comply with licence conditions

 

9(2)

Power to apply to the courts for order to revoke site licence

 

9(3)

Power to carry out works in default and recover expenses

 

10(1)

Power to permit transfer of site licence

 

11(1)

Power to require surrender of site licence for alteration

 

11(2)

Power to prosecute for not surrendering site licence

 

26(1)

Power of entry

     

Celluloid and Cinematograph Film Act 1922

 

Controls the safe storage of celluloid film

     

Children and Young Persons Act 1933

7

Powers to prevent the sale of tobacco to underage children

     

Children & Young Person (Protection from Tobacco) Act 1991

5

Duty of Council to consider every twelve months the enforcement of Section 7 above

     

Clean Air Act 1993

1(1) & (2)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to dark smoke emitted from chimneys subject to satisfactory evidence

 

2(1)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to dark smoke emitted from industrial or trade premises subject to satisfactory evidence

 

4(4)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the installation of a furnace without notification subject to satisfactory evidence

 

5(3)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the emissions of grit or dust exceeding the relevant limit subject to satisfactory evidence

 

6(5)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the use of certain furnaces not provided with grit and dust arrestment subject to satisfactory evidence

 

7(2)

Determination of applications for exemption from requirement in Section 6(1) to provide grit and dust arrestment to certain furnaces

 

8

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the use of certain domestic furnaces not provided with grit and dust arrestment plant subject to satisfactory evidence

 

10(1)

Serve notice directing that the provisions of the Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971 apply to a furnace

 

10(3)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the Clean Air (Measurement of Grit and Dust from Furnaces) Regulations 1971 subject to satisfactory evidence

 

11(3)

Make and record measurements of grit, dust and fumes emitted from certain furnaces

 

12

Service of notice requiring information about furnaces and fuel consumed

 

14(3)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to use of a furnace without approval of the height of the chimney serving it subject to satisfactory evidence

 

15

Determination of an application for approval of the height of a chimney serving a furnace

 

30

Duty of local weights and measures authority to enforce safety provisions and part 3 of this act.

 

31

Enforcement of regulations relating to the sulphur content of oil fuel for furnaces or engines

 

33(1)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to cable burning subject to satisfactory evidence

 

35

Power to obtain information about emissions of pollutants and other substances into the air

 

36

Service of notice requiring information about the emission of pollutants and other substances into the air

 

43

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the emission of dark smoke from a railway engine subject to satisfactory evidence

 

44

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the emission of dark smoke from a vessel subject to satisfactory evidence

 

56

Authority to enter and inspect any land or vessel and carry out measurements or tests or take samples for the purpose of this Act

 

58

Service of notice requiring information for the purposes of this Act

Companies Act 1985

348, 349 and 351

Require limited companies to state their trading details on premises and stationery.

     

Consumer Credit Act 1974

(as amended)

161

Duty of Local Weights and Measures Authority to enforce this Act

 

162

Power to enter premises

Power of inspection

Power to copy documents

Power to seize goods

Power to seize documents/books etc

Power to break open containers

Entry Warrant to JP to authorised Officer

     

Consumer Protection Act 1987

27

Duty of Local Weights and Measures authority to enforce safety provisions and Part III of this Act

 

28

Power to test purchase

 

29

Power to enter premises

Power of inspection

Power to examine procedures

Requirement to produce record/documents

Power to seize goods

Power to copy documents

Power to seize documents/books etc

Power to break open containers

Power to break open vending machines

Entry Warrant by JP to authorised Officer

Control of Pollution Act 1974

60(2)

Service of notice relating to noise on construction sites

 

60(8)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings relating to noise on construction sites subject to satisfactory evidence

 

61

Determination of application for prior consent for work on construction sites

 

62(1)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the use of loudspeakers in streets subject to satisfactory evidence

 

75

Provision of emission information

 

91

Authority to enter and inspect any land or vessel and carry out measurements or tests or take samples for the purpose of this Act

 

93

Service of notice to obtain information necessary for the purpose of this Act

Copyright, Designs and Patents Act 1988

58(d)

Duty to enforce provisions relating to fraudulent application of trade marks

Powers of test purchase

Powers to enter premises

Power of inspection

Power to seize goods

Power to copy documents

Power to seize documents/books etc

Power to break open containers

Power to break open vending

machines

Entry Warrant by JP to authorised Officer

     

Criminal Attempts Act 1981

 

No specific duty - Common Informers Act

     

Criminal Justice Act 1988

141A

Prohibits sale of knives and certain articles with blades or point to persons under sixteen

     

Criminal Justice and Public Order Act 1994

166 and 167

Control of ticket touting and designated public events and touting for private hire

     

Crossbows Act 1987

1 and 6

Prohibits the supply of certain crossbows to persons under 17

     

Customs and Excise Management Act 1979

11

Power to seize and detain tobacco products which do not comply with the fiscal marks required by the Tobacco Products Duty Act 1979 as amended.

     

Dangerous Dogs Act 1991

3(1)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings in cases where a dog is dangerously out of control in a public place subject to satisfactory evidence

 

5(1)

To seize and detain dangerous dogs

     

Dangerous Wild Animals Act 1976

1

Determination of application for a licence to keep a dangerous wild animal

 

3

Inspection of premises and authorisation of inspections

 

4

Seizure and disposal of dangerous wild animals

 

6

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to dangerous wild animals subject to satisfactory evidence

     

Development of Tourism Act 1969

 

Power for local Weights and Measures Authority to enforce in respect of display of prices for accommodation

     

Dogs (Fouling of Land) Act 1996

3

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings subject to satisfactory evidence

   

The Head of Law and Corporate Governance, Head of Law and Administration, Principal or Senior Solicitors be authorised to issue proceedings

 

4

Authority to issue Notice

     

Dogs Act 1871

2

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings to obtain a Control Order in a case when a dog is dangerous and not kept under proper control. Enforcement relating to dogs dangerous and out of control

     

Dogs Act 1906

6

Burying of cattle

     

Education Reform Act 1988

214

Unrecognised or bogus degrees from education establishments

     

Energy Act 1976

 

Requirement to display energy consumption information

     

Energy Conservation Act 1981

 

Power to enforce orders relating to energy consuming appliances

     

Enterprise Act 2002

Part 8

Powers to seek court orders against businesses who breach certain consumer protection laws.

Environment Act 1995

108

Inspectors powers regarding pollution functions

 

Part IV

Air Quality

     

Environmental

Protection Act

1990

3

Powers of entry to deal with statutory nuisance

 

6

Grant of authorisation to operate

 

prescribed process

10

Variation of authorisation to operate prescribed process

 

11

Determination of an application to vary the conditions of an authorisation

 

12

Revocation of an authorisation

 

13

Service of an enforcement notice upon the operator of a prescribed process

 

14

Service of prohibition notice upon the operator of a prescribed process

17

Inspectors powers for the purposes of this part of the Act

 

19(2)

Service of notice requiring information necessary to carry out functions relating to prescribed processes

 

20

Maintenance of public registers of information relating to prescribed processes

 

22

Determination of application to have information treated as commercially confidential

 

23

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to prescribed processes subject to satisfactory evidence

 

33(1)

Authorise the Head of Law and Corporate Governance to institute criminal proceedings, provided he is satisfied there is sufficient evidence to do so, for the

offence of unauthorised deposit of controlled waste

 

46

To specify provisions with respect to the type, number, size, positioning etc of refuse receptacles

 

47

Power to require commercial & industrial waste recepticle

 

59

Service of notice requiring the removal of controlled waste unlawfully deposited

 

69

Powers of entry for inspectors/waste authority

 

78B

Inspections for the purpose of dealing with contaminated land. Notification to relevant persons of contaminated land.

 

78C

Designation of special sites and notification to relevant persons.

 

78E

Service of remediation notices.

 

78H

Preparation of remediation declarations and statements and recovery costs.

 

78M

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings when a Remediation notice has not been complied with.

 

78N

Power to carry out remediation.

 

78P

Recovery of costs incurred in carrying out remediation.

 

78R

Maintenance of public registers of information relating to remediation.

 

78T

Determination of whether

information is commercially

confidential.

 

79

Inspections to determine the existence of statutory nuisances and investigation of complaints of statutory nuisance

 

80(1)

Service of notice requiring the abatement of statutory nuisance from premises

 

80A(1)

Service of notice requiring the abatement of statutory nuisance in the street

 

80(4)

Authority to instruct the Director of Authority to instruct the Head of Law and Corporate Governance to take legal proceedings when an abatement notice has not been complied with subject to satisfactory evidence

 

81(3)

Take action to abate a nuisance when an abatement notice has not been complied with

 

81(4)

Reclamation of costs incurred in taking action to abate a nuisance

 

87

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings in respect of dropping of litter in a public place

 

88

To serve fixed penalty notices for offence of dropping litter in a public place

 

99

To take appropriate action in relation to abandoned shopping and luggage trolleys

 

140

Control of injurious substances Regulations 1992

 

149

Seizure, detention and disposal of stray dogs

 

150

Detention of stray dog by finder

     

Estate Agents Act 1979

 

Duty of Local Weights and Measures Authority to enforce

   

Powers to enter premises

Requirements to produce records/documents

Requirements to produce documents/records not in legible form(e.g. computer printout)

Powers to copy documents

Powers to seize documents/books etc

Entry Warrant by JP to authorised Officer

     

European Communities Act 1972

 

Duty to enforce relevant regulations

     

Explosives Acts 1875 1923

 

Controls the safe storage of explosives

     

Fair Trading Act 1973

27

Duty of Local Weights and Measures Authority to enforce

 

28

Powers to test purchase

 

29

Powers of inspection

Powers to enter premises

Requirement to produce records/documents

Powers to copy documents

Powers to seize goods

Powers to seize documents/books etc

Power to break open containers

Power to break open vending

Machines

Entry Warrant by JP to authorised Officer

Farm and Garden Chemicals Act 1967

 

Enables regulations covering the labelling of pesticides

     

Fireworks Act 2003

 

Powers to control the sale and supply of fireworks

     

Food and Environment Protection Act 1985

19

Authorise specific Officers under the provisions of Part III in relation to the contravention of the Pesticides (Fees and Enforcement) Act 1989 - in addition EHOs are also authorised by the Minister of Agriculture, Fisheries and Food as both investigating and enforcement Officers under Section 3 of the Act

   

Authorisation of officers in relation to pesticides

 

Food Safety Act 1990

 

Composition and labelling controls over food

 

5

Council can appoint suitably qualified and experienced Officers to exercise the following powers:-

 

9

Power to inspect and seize suspected food

 

10

Power to serve an Improvement Notice

 

11

Power to revoke Prohibition Order

 

12

Power to serve an Emergency Prohibition Notice

 

27

Duty to appoint public analyst

 

29

Power to procure samples

 

30

Power to have samples analysed

 

32

Power of entry into premises to enforce the provisions of this Act, or regulations or orders made under it

     

Forgery and Counterfeiting Act 1981

1,2,3 and 4

Prohibits forgery and counterfeiting of documents

     

Guard Dogs Act 1975

1

Determination of application for a licence to keep guard dog kennels

 

5

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to guard dogs subject to satisfactory evidence

     

Hallmarking Act 1973

 

Duty of Local Weights and Measures Authority to enforce (Powers same as Trade Descriptions Act)

     

Health and Safety

19

Appointment of Inspectors

at Work etc Act 1974

20

Powers of Inspectors

 

21

Improvement Notices

 

22

Prohibition Notices

 

25

Power to deal with cause of imminent danger

 

39

Prosecution by Inspectors

     

Insurance Brokers (Registration) Act

22

Falsely claiming to be an Insurance Broker

1977

   
     

Intoxicating Substances (Supply) Act 1985

 

Prohibits supply of solvents expected to be for abuse to under 18’s

     

Knives Act 1997

 

Prevents the marketing and sale of combat knives

     

Licensing Act 1964 (as amended by the Criminal Justices and Police Act 2001)

169A & 169B

Power to prosecute persons who sell alcohol to persons under 18 in licensed premises

 

169C

Purchase of intoxicating liquor by or for a person under 18 years

 

169I

Duty of local weights and measures authority to enforce

     

Licensing Act 2003

146, 147, 148, & Part 8

Sale of alcohol and alcohol products to children. Powers governing the temporary closure of licensed premises.

Local Government (Miscellaneous Provisions) Act 1976

16(1)

Service of notice to obtain particulars of persons interested in property

 

16(2)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences under this section subject to satisfactory evidence

 

20(1)

Service of Notice to provide sanitary appliances at places of entertainment

 

35

Removal of obstructions from private sewers

     

Local Government (Miscellaneous Provision) Act 1982

as amended by the Local Government Act 2003

29

 

120

Power to serve notice to secure vacant buildings

Enforcement of Byelaws made under section 15

     

Magistrates Courts Act 1980

44

Aiding abetting counselling and procuring an offence.

 

   

Malicious communications Act 1988

 

Prohibits the sending or delivering of letters or articles for the purpose of causing distress or anxiety.

     

Medicines act 1969

 

Controls the sale of medicinal products other than from pharmacies vets and vending machines

     

Mock Auctions Act 1961

 

Common Informers Act – outlaws mock auctions

     

Motor Cycle Noise Act 1987

 

Controls the sale of motorcycle exhausts emitting excessive noise.

     

Motor Vehicles (Safety Equipment for Children) 1991

 

Enables regulations to be made controlling safety equipment for children in motor vehicles

     

National Lottery etc Act 1993

12 and 13

Prohibits the sale of lottery tickets to under 16’s

     

Noise Act 1976

10

Authority to enter premises and seize equipment

 

10(8)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for the offence of obstruction of an authorised officer subject to satisfactory evidence

     

Olympic Symbol etc. (Protection) Act 1995

 

Prohibits the unauthorised use of the Olympic games symbol

     

Opticians Act 1989

28

Prohibits the use of Opticians titles unless registered.

     

Performing Animals (Reg.) Act 1925

1

Determination of application to exhibit or train a performing animal

 

3

Authority to enter and inspect premises and require documentation

 

4

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences under this Act subject to satisfactory evidence

     

Pet Animals Act 1951

1

Determination of applications for licences to keep pet shops

 

4

Inspection of premises and authorisation of inspections

 

5

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the sale of pet animals subject to satisfactory evidence

     

Petroleum (Regulations) Acts 1928 1936

 

Controls the safe storage of petroleum products

     

Poisons Act 1972

9

Duty of Local Authority in respect of Poisons

Rules for items in Part II

Powers to enter premises

Powers of inspection

Power to take samples

     

Pollution Prevention and Control (England & Wales) Regulations 2000 (as amended)

 

Powers relating to permits to operate certain installations and mobile plant

     

Prevention of Damage by Pests Act 1949

2(1)(c)

Enforcement of the duties of owners and occupiers of land as required by the Act

 

4

To require works in respect of the eradication of rodent pests and/or other preventative or proofing works

 

5(1)

To instruct an appropriate contractor to carry out works in default of a statutory notice and to recover costs (where provisions are granted by statute) incurred in the execution of works in respect of eradication of pests and carrying out other preventative and proofing works

 

5(2)

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences of not complying with a notice under Section 4

 

22

Power of entry/offence of obstruction

     

Prices Acts 1974 and 1975

Sch para 6

Duty of Local Weights and Measures activity to enforce

Powers to test purchase

Powers to enter premises

Powers to seize goods

Powers to seize documents/books etc

     

Property Misdescriptions Act 1991

Sch para 1

Duty of Local Weights and Measures Authority to enforce

 

Para 3

Power of inspection

Requirement to produce record/documents

Power to seize goods

Power to seize documents/books etc

 

Para 4

Requirements to produce documents/records not in legible form(e.g. computer printout)

Powers to enter premises

Entry Warrant by JP to authorised Officer

     

Protection from Harassment Act 1997

1 and 2

Protecting persons from harassment and similar conduct

   

 

Protection of Animals Act 1911

 

No specific duty

     

Public Health (Control of Disease) Act 1984

 

The Council has appointed the Consultant in Communicable Disease Control and Health protection, and Directors of and Consultants in Public Health for the Local Primary Care Trusts as their ‘Proper Officers’ in respect of this legislation as it relates to medical matters.

The Council has also appointed the Head of Regulation (to be reviewed) as a ‘Proper Officer’ for administrative purposes, i.e. to authorise Officers to enforce this legislation as below:-

 

46

Disposal of dead bodies

 

61

Power to enter premises

     

Public Health Act 1936

45

Power to serve notice requiring repair of water closet

 

50

 

78

Power to serve notice to require works to an overflowing or leaking cesspool

Amended

2/5/06

Authority to cleanse a common court or passageway and claim expenses from the occupiers of adjoining property.

 

79

Service of notice requiring removal of noxious material and carrying out work in default

 

83

Service of notice requiring cleansing of filthy or verminous premises and carrying out of work in default

 

84

Cleansing or destruction of filthy or verminous articles

 

287

Authorisation to enter premises for the purposes of the Act

 

290

Power to conduct works in default

     

Public Health Act 1961

17

Power to serve notice requiring repair and unblocking a drain

 

36

Power to require vacation of premises during fumigation

     
     

Refuse Disposal

3

To remove abandoned vehicles

(Amenity) Act 1978

6

Service of notice and removal and disposal of refuse

 

8

Authority to enter upon land for the purposes of Section 6

     
     

Riding Establishments Act 1970

1

Determination of licences to keep riding establishments

 

2

Inspection of premises and authorisation of inspections

 

5

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences relating to the keeping of a riding establishment subject to satisfactory evidence

     

Road Traffic (Foreign Vehicles) Act 1972

 

Prohibits over-loaded foreign vehicles

     

Road Traffic Act 1988 (amended 1991)

 

Prohibits over-loaded goods vehicles/un-roadworthy vehicle sales

     

Scrap Metal Dealers Act 1964

55

Prohibits the purchase of scrap from under 16’s

     

Solicitors Act 1974

20

Offence for unqualified person to act as a solicitor

     

Telecommunications Act 1984

28 and 29

Order requiring information to be given in advertisements or with telecom equipment (e.g. BT approval)

     

The Products of Animal Origin (Third Country Import) (England) (Amendment) Regulations 2004

   
     

The Schedule

 

Requirements to produce documents/records not in legible form(e.g. computer printout)

Requirement to produce record/documents

Power to seize documents/books etc

Power to copy documents

     

Thefts Act 1968 and 1978

 

No specific duty, Common Informers Act, - dishonestly obtaining property belonging to others/overlap with Trade Descriptions Act

Timeshare Act 1992

 

The duty of Local Weights and Measures Authority to enforce

     

Tobacco Advertising and Promotion Act 2002

 

Control of tobacco advertising

     

Trade Descriptions Act 1968

26

The duty of Local Weights and Measures Authority to enforce:

 

27

Powers to test purchase

 

28

Powers of inspection

Powers to enter premises

Powers to copy documents

Powers to seize goods

Powers to seize documents/books etc

Power to break open containers

Power to break open vending

machines

Entry Warrant by JP to authorised Officer

     

Trade Marks Act 1994

93

The duty of Local Weights and Measures Authority to enforce:

   

Powers of inspection

Powers to enter premises

Powers to copy documents

Powers to seize goods

Power to test purchase

Powers to seize documents/books etc

Power to break open containers

Power to break open vending

machines

Entry Warrant by JP to authorised Officer

     

Trading Representations (Disabled Persons) Act 1958

 

Outlaws false claims in respect of the employment or assistance of the blind or disabled in the production, packaging or sale of goods

     

Trading Stamps Act 1964

 

Common Informers Act. Regulates the issue of trading stamps

Unsolicited Goods and Services Acts 1971 and 1975

 

Common Informers Act. Regulates demands for payment form traders and trade directory entries

     

Vehicles (Crime) Act 2001

Part 1

Registration of Motor Salvage Operators

     

Video Recordings Act 1984 and 1993

16A

The duty of Local Weights and Measures Authority to enforce:

   

Powers to test purchase

Powers to enter premises

Powers of inspection

Powers to copy documents

Powers to seize goods

Powers to seize documents/books etc

Power to break open containers

Power to break open vending

Machines

Entry Warrant by JP to authorised Officer

Requires classification and labelling of ‘moving image’ works. Controls supply to under age.

     

Weights and Measures Etc Act 1976

 

Emergency provisions relating to shortages of food and other goods.

     

Weights and Measures Act 1985

 

Principal UK regulations governing weights and measures and officers delegated powers to prosecute on behalf of the authority.

     

Zoo Licensing Act 1981

1-12

Determination of applications for zoo licences and inspection of premises

 

14

Authority to grant dispensation for certain zoos

 

16

Authority to alter licences

 

17

Authority to revoke licences

 

19

Authority to instruct the Head of Law and Corporate Governance to take legal proceedings for offences under this Act subject to satisfactory evidence

     

a)

any orders or regulations made there under or relating to any of the forgoing Acts or having effect by virtue of the European Communities Act 1972, and

   

b)

any modifications or re-enactments to the foregoing.

 

DELEGATION TO THE HEAD OF PUBLIC PROTECTION

Authority to nominate Officers to carry out the necessary procedures in relation to all appropriate legislation and the Council’s Bye-Laws on Cosmetic Piercing and Semi-Permanent Skin Colouring, including setting the registration fee.

Authority to make application under the Human Tissue Act 2004 for the Council to be licensed under the provisions of the Act.

New delegation agreed by full Council at its meeting on 5 June 2007:

Act

Section

Duty

Bournemouth Borough Council Act 2007

Note – the date of the Act would be subject to which year it came into effect and may need to change if delayed until 2008

6

 

 

10

Power of seizure of articles receptacles and equipment.

Power to issue fixed penalty notices.

DELEGATION TO THE HEAD OF PUBLIC PROTECTION

1. Authority to nominate Officers to carry out the necessary procedures in relation to all appropriate legislation and the Council’s Bye-Laws on Cosmetic Piercing and Semi-Permanent Skin Colouring, including setting the registration fee.

2. Authority to make application under the Human Tissue Act 2004 for the Council to be licensed under the provisions of the Act.

Entire scheme of delegation for Public Protection amended 1/3/05

This page amended 12/9/06; 18/4/07; 5/6/07; 24/7/07

166A

3. Authority to enforce the smoke free laws under the Health Act 2006 as set out in the following table:

Offence under the Health Act 2006

Defence under the Health Act 2006

Fixed Penalty Notice

If paid in 15 days

Fixed Penalty Notice

If paid in 29 days

Maximum Court awarded fine

Section 6(5) Failure to display a no-smoking sign in a smoke free premises or vehicle (occupier or manager)

Section 6(6) it is a defence for the person charged to show that they did not know and could not have reasonably been expected to know that the premises were smoke free or that they did not know and could not have been reasonably expected to know that no-smoking complying with the with the requirements were not being displayed or that on other grounds it was reasonable for them to comply with this duty

£150

£200

Level 3 on the standard scale – currently up to £1000



Contact details

Bournemouth Council
Envelope IconTown Hall,
Bourne Avenue
Bournemouth
BH2 6DY
( Map )
Telephone IconTel: 01202 451451
Fax: 01202 451000
Minicom: 01202 454728
Email usEmail: Enquiries

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    Page Updated: 06 Sep 2007