The Cabinet Member for Health and Communities sought approval to update and amend the current arrangements in place within the Council’s Scheme of Delegation, detailed within the Constitution, to ensure the appropriate authorisation of the Trading Standards service and its officers to undertake enforcement of over 150 Acts, Regulations and Orders.
The Trading Standards Service enforced over 150 pieces of legislation on behalf of the Council. These laws covered a diverse range of subjects and a full list was provided in Appendix 2. The Trading Standards Service subscribed to a vetted facility which provided an updated list of legislation on a six-monthly basis. A new and updated list had recently been provided and it was proposed that this update replaced that currently included at Appendix A of the Council’s Constitution.
To ensure the update be completed as speedily as possible in future, it was proposed that authority to update the list of legislation be delegated to the Director of Legal and Democratic Services. Cabinet was also asked to recommend that both the Governance, Ethics and Standards Committee and full Council note the decisions made regarding these delegations and that Council agreed to amend the Constitution accordingly.
Appendix 1 of the Constitution delegated the responsibility for undertaking enforcement and administrative duties to the relevant Executive Director or Director. This was detailed in the Constitution as being the Director – Community Services. In July 2021, the Trading Standards Service moved into the Place Department and, it was appropriate for the delegation to become the responsibility of Executive Director - Place. A departmental scheme of sub-delegation, further delegates this responsibility to the Head of Trading Standards (HoTS) who, in turn, provided specific authorisation to officers via warrants and/or credentials that were periodically updated and be reflected within the Place Department’s Scheme of Sub-delegation.
One of the laws administered and enforced by Trading Standards was the Weights and Measures Act 1985, part of which defined the Local Weights and Measures Authority (LWMA) and in Derbyshire, this is the County Council. The Act required the LWMA to appoint a Chief Inspector Weights and Measures (CIWM) - the role of HoTs incorporated the role. An additional delegation was proposed to the Executive Director - Place to appoint inspectors of weights and measures; this would also be sub-delegated to the HoTS in accordance with the departmental scheme.
RESOLVED to (1) agree to the updating of the existing list of legislation within the Council’s Constitution; (2) note the Departmental Scheme of Sub-delegation which provides for the delegation of the responsibility to undertake enforcement and administrative duties under the legislation detailed to the Head of Trading Standards (HoTS) which, in turn, provides for further delegation to individual officers within the Trading Standards Service; (3) agree to delegate authority to the Director of Legal and Democratic Services to update the Constitution as necessary and in response to changes in relevant legislation regarding Trading Standards enforcementor administration and, in particular, to update the list of legislation to update the list of legislation attached at Appendix A to Appendix 1 of the Constitution – Responsibility for Functions, as necessary; (4) agree that the postholder of the role of HoTS also be appointed as Chief Inspector Weights and Measures as required by Section 72 of the Weights and Measures Act1985; (5) agree that the responsibility to appoint additional inspectors of Weights and Measures is delegated to the Executive Director –Place; and (6) agree to recommend the necessary amendments to the Constitution to the Governance, Ethics and Standards Committee and to Council; andfor Council to note the decisions and amend the Constitution.