The Assistant Director of Legal & Democratic Services submitted a report on the new powers which had been given to councils to assist with their response to the pandemic.  The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 came into force on 18 July 2020, which granted local authorities new powers to respond to a serious and imminent threat to public health and to prevent COVID-19 transmission where this was necessary.  The implementation of measures should be proportionate to mitigate the spread of the coronavirus in the area.  The report explained the powers granted by the new Regulations and recommended making delegations for their effective operation.  The powers to be exercised by the Council would be delegated according to the table in section 4.1 of the report.  In each case, the power to give a direction, would also include the power to review, revoke or replace the direction as envisaged by the Regulations.  In cases where there were significant impacts for the borough, the relevant Lead Councillors would be consulted about the use of the powers. 

Resolved –

That the powers to direct under the Regulations, (including the power to review, revoke or replace the direction as envisaged by the Regulations) be delegated to the appropriate officers as follows:

(a)      Regulation 4 (directions relating to individual premises) - delegation to the Executive Director of Economic Growth and Neighbourhood Services in consultation with the Director for Public Health;

(b)      Regulation 5 (directions relating to events) - delegation to the Executive Director of Economic Growth and Neighbourhood Services in consultation with the Director for Public Health;

(c)      Regulation 6 (directions relating to outdoor places) - delegation to the Executive Director of Economic Growth and Neighbourhood Services in consultation with the Director for Public Health;

(d)      Regulation 12 (enforcement of requirements), (including (i) the power to designate officers for the purpose of the Regulations and (ii) the power to delegate authority to designated officers to issue prohibition notices) - delegation to the Executive Director of Economic Growth and Neighbourhood Services;

(e)      Regulation 14 (power to authorise persons to issue fixed penalty notices) - delegation to the Executive Director of Economic Growth and Neighbourhood Services; and

(f)       Regulation 15 (power to instigate prosecutions) - delegation to the Assistant Director of Legal and Democratic Services.