Issue - meetings

Regulatory Committee considered the attached report:-

RECOMMENDED: That Council be requested to pass a resolution in the following terms:

“The Council intends to pass a resolution at a future meeting (the “Adoption resolution”).

1)    to adopt the extent that they are not already in force in the Borough the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 (the “1976 Act”), (other than section 45), to apply to the whole of the area of the Council on and after the appointed day stated in that resolution;

2)    the Operational Director Legal and Democratic Services be directed to publish and serve notice as required by section 45 of the 1976 Act which shall include a draft Adoption Resolution in the  terms set out in the report.

          Regulatory Committee considered a report of the Strategic Director, Community and Resources, on the proposal to re-adopt legislation which related to the private hire and hackney carriage controls.

          RESOLVED: That Council intends to pass a resolution at a future meeting (the Adoption Resolution)

1)    to adopt the extent that they are not already in force in the Borough, the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (the 1976 Act), (other than Section 45), to apply to the whole area of the Council on and after the appointed day stated in that resolution;

2)    the Operational Director, Legal and Democratic Services, be directed to publish and serve notice as required by Section 45 of the 1976 Act; and

3)    following compliance with item 2) of this resolution, the matter be reported back to Council for the Adoption Resolution to be considered.

          The Committee was advised that a number of Acts of Parliament provide for functions to be exercised by local authorities.  Some Acts provide that functions will be exercisable automatically and some functions may only be exercised after going through adoption processes.

          The Council had adopted certain functions many years ago but full records of the adoption process no longer existed. The report addressed the position relating to private hire and hackney carriage licensing which were adopted by the Council in 1976.

          It was appropriate for the Council to take steps to adopt (to the extent that it was not already in force) Part II of the Local Government (Miscellaneous Provisions) Act 1976. The detailed procedural requirements were set out in the agenda. The effect of going through this process would be to generate a full record of the adoption process.

          These proposals did not involve any change to existing Council policies.

          RESOLVED: That the Council be requested to pass a resolution in the following terms:

“The Council intends to pass a resolution at a future meeting (the “Adoption resolution”).

1)    to adopt the extent that they are not already in force in the Borough the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 (the “1976 Act”), (other than section 45), to apply to the whole of the area of the Council on and after the appointed day stated in that resolution;

2)    the Operational Director Legal and Democratic Services be directed to publish and serve notice as required by section 45 of the 1976 Act which shall include a draft Adoption Resolution in the following terms:

“[introductory text to be determined when appropriate]

               RESOLVED:

1)    To the extent that they are not already in force the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 1976 Act, (other than section 45), are to apply to the whole area of the Council on and after the appointed day;

2)    The appointed day for the purposes of this resolution shall be [       ] (being not before the expiration of the period of one month beginning with the day on which this resolution is passed).

3)    All powers, duties and provisions in the Council’s Constitution relating to Part II of the Local Government (Miscellaneous Provisions) Act 1976 and all existing policies, practices and conditions relating thereto shall continue to apply on and after the appointed day”; and

4)    following compliance with item (2) of this resolution that matter be reported back to the Council for the Adoption Resolution to be considered”.