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List of Proper Officers

Designated by the County Council.

Local Government Act 1972

Section: 83
Subject: Accepting declarations of acceptance of office.
Proper Officer: Director of Law

Section: 84
Subject: Receiving resignations from office.
Proper Officer: Director of Law

Section: 88(2)
Subject: Convening Council meeting for election to vacant office of Chairman.
Proper Officer: Director of Law

Section: 88(1)
Subject: Receiving notice of casual vacancy in office of councillor.
Proper Officer: Director of Law

Section: 96
Subject: Receiving and recording notice of pecuniary interest.
Proper Officer: Director of Law

Section: 100B(2)
Subject: To decide which reports are likely to be considered when a meeting is not open to the public.
Proper Officer: (a) Director of Law in consultation with the Director responsible for preparation of report (or first signatory if more than one Director); or (b) where the Director of Law is not in attendance, Director responsible for conduct of Committee or Sub-Committee in question.
(Note: This delegation in no way restricts the right of Committees or Sub-Committees to decide which reports will be considered in the absence of the press and public)

Section: 100B(7)(c)
Subject: To decide whether copies of documents already supplied to members in connection with Council/ Committee/Sub-Committee agenda and reports, shall also be supplied to the press.
Proper Officer: Director of Law

Section: 100C(2)
Subject: Preparation of summary of proceedings of Council/ Committee/Sub-Committee during confidential business.
Proper Officer: Director of Law (or where Director of Law is not in attendance, the Director responsible for the conduct of the Committee or Sub-Committee in question)

Section: 100D(1)(a) and 100D(5) (a)
Subject: To identify background papers relied on in preparation of reports and to compile a list of background papers relied on in preparation of reports.
Proper Officer: Director responsible for preparation of report (or first signatory, if more than one Director)

Section: 100F(2)
Subject: To decide which documents are excluded from members' inspection as they disclose certain categories of exempt information.
Proper Officer: Director of Law, after consultation with Director responsible for preparation of report (or first signatory if more than one Director)

Reference to a Director in relation to sections 100B – 100F of the Local Government Act 1972 includes such other officer nominated by a Director to act in his or her absence.

Section: 115(2)
Subject: Receiving money due from officers to the Council.
Poper Officer: Deputy Chief Executive and Director of Corporate Resources

Section: 146(1)
Subject: Specifying securities and verifying change of name and identity of local authority.
Proper Officer: Director of Law

Section: 151
Subject: Responsibility for proper administration of financial affairs.
Proper Officer: Deputy Chief Executive and Director of Corporate Resources or Deputy Director of Finance

Section: 191 (2)
Subject: Receiving applications from Ordnance Survey for assistance.
Proper Officer: Director of Law

Section: 205(2)
Subject: Exercising functions imposed under the Scheme made under Section 63 of the Rent Act 1977 and approved by the Secretary of State.
Proper Officer: Director of Law

Section: 225(1)
Subject: Receiving and retaining deposited documents.
Proper Officer: Director of Law

Section: 229(5)
Subject: Certifying that a document is a photographic copy for the purposes of legal proceedings.
Proper Officer: Director of Law

Section: 234
Subject: Authentication of notices, orders or other documents.
Proper Officer: Director of Law or, where the document to be authenticated relates to a power delegated to him or her, the appropriate Director or an officer nominated by the Director.

Section: 236
Subject: Sending copies of bye-laws etc to district councils.
Proper Officer: Director of Law

Section: 238
Subject: Certification of copy of bye-laws.
Proper Officer: Director of Law

Section: Schedule 12, para 4(2)(b)
Subject: Signing Council meeting summons.
Proper Officer: Director of Law

Section: Schedule 12, para 4(3)
Subject: Receiving notice of Council member's address to which Council meetings' summons is to be sent.
Proper Officer: Director of Law

Section: Schedule 21, para 66(1) and (2)
Subject: Preparing specification for street works in private streets pursuant to Section 205 of the Highways Act 1980 (Code of 1892) and certifying the resolution of approval and the approved documents or copies.
Proper Officer: Director of Transport and Environment

Section: Schedule 21 and para 67
Subject: Certifying document detailing amendments to estimate and provisional apportionment of expenses for street works under Section 205 of the Highways Act 1980
Proper Officer: Director of Transport and Environment

Section: Schedule 29, para 41 (3), (4) and (5)
Subject: i) Appointing interim superintendent registrars or interim registrars of births and deaths pursuant to Sections 9(1) and (2) of the Registration Service Act 1953. ii) Exercising powers provided by the local scheme of organisation of the registration service pursuant to Sections 13(2)(h) and 13(3)(b) of the Registration Service Act 1953. iii) Prescription by the Registrar General of duties under the Registration Acts of proper officers pursuant to Section 20 of the Registration Service Act 1953.
Proper Officer: Director of Law

Local Government Act 1988

Section: 116
Subject: Responsibility for notifying the external auditor of arrangements for a meeting to consider a report from the Chief Financial Officer under this Act.
Proper Officer: Director of Law

Local Government and Housing Act 1989

Section: 2
Subject: Holding of the list of posts which are politically restricted within the definition in sub-sections (2) and (3) of section 2 of the Act.
Proper Officer: Director of Law

Section: 15-17
Subject: Receiving notice of formation of political group or of changes in membership of political group; the name of the group; the name of the group leader and deputy; and groups' nominations of members to sit on committees etc.
Proper Officer: Director of Law

Commons Registration (East Sussex) Act 1994

Section: 7
Subject: Certification of new registers.
Proper Officer: Director of Law

In special circumstances a Proper Officer may nominate any senior officer to exercise all the powers of the Proper Officer concerned.

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East Sussex County Council, County Hall, St Anne's Crescent, Lewes, BN7 1UE. Tel: 01273 481000