Delegations to particular Officers

f) Assistant Director, Legal and Democratic Services

  1. a) To perform the role of Solicitor to the Council and, as such, to be its chief legal adviser.

    b) To institute, defend and carry on legal proceedings to protect the County Council's interest or to implement a decision made by it or on its behalf or for the recovery of any debt or sum due to it and to negotiate and settle claims.

    c) To exercise the County Council's powers to institute proceedings: i) for alleged contravention of bylaws made by it; ii) under the Wildlife and Countryside Act 1981, Part 1; iii) under the Education Act 1996, section 547;

    d) To institute or defend criminal proceedings on behalf of the County Council.

    e) i) To exercise the powers, and to institute proceedings, under the Criminal Justice and Public Order Act, Sections 77 to 79. ii) In consultation with the relevant Chief Officer, to authorise legal proceedings for the recovery of land.
  2. To sign, present or sue on petitions in bankruptcy and applications for winding up, to make affidavits, proofs of debts and proxies and to take all necessary action under the Insolvency Act 1986 on behalf of the County Council as shall appear to him to be expedient and in the interests of the Council.

    Note:
    It is a condition of this delegation that the relevant member of the Cabinet shall be consulted where residents in homes are involved.
  3. To appoint authorised officers (for surveillance purposes) and designated person and single points of contact (for the purposes of communications data) under the Regulation of Investigatory Powers Act 2000.

    Note:
    i) The Assistant Director, Legal and Democratic Services has been designated as the Monitoring Officer under the Local Government and Housing Act 1989.

    ii) The Assistant Director, Legal and Democratic Services has been authorised to make decisions at Stage 2 of the internal dispute resolution procedure under the Local Government Pension Scheme (Administration) Regulations 2008 (Note: the Pension Compliance Manager has been authorised to deal with Stage 1 disputes).