Health Protection Regulations

Record of Decision Taken by Dave Banks on 31 March 2020

Details of Decision: Delegation of powers under the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended)

Authority for decision

Delegation to Officers - general.

1.9(b)(ii) to designate particular officers as "appropriate" or "proper" officers for the purposes of any statutory provisions, including where necessary or convenient having regard to any professional or technical requirements, an officer who is not an employee of the Council

1.9(b)(iv) to make any determination, serve any notice or make any Order under statutory provisions. 

Areas of Responsibility: Infectious Diseases.

Decision

To designate officers as “appropriate” and allow them to enforce the Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 (as amended) and to serve Fixed Penalty Notices as follows:
First breach: £100 (reduced to £50 if paid within 14 days)
Second breach: £200
Third breach: £400
Fourth breach: £800
Fifth breach: £1600
Sixth and subsequent breaches: £3200
Or such alternative amounts as may be prescribed by the regulations.

Reasons for decision

To ensure appropriate operational measures are in place to manage enforcement powers under the Regulations and to allow Officers to serve Fixed Penalty Notices in accordance with the Regulations.

Alternative options considered and rejected

To report all contraventions to the Executive Manager for Neighbourhoods to determine what action is taken. This would cause delays in enforcement and also wouldn’t allow officers to serve on the spot Fixed Penalty Notices.

Conflicts of interest and any dispensation

None known.

 

Monitoring Information

Key decision?

No.

Confidential/ Exempt (if yes, please state paragraph)?

No.

Do General Exception or Special Urgency Rules apply to this decision?

No.

Consultation has taken place with the Section 151 & Monitoring Officer?

No.

The Leader, Deputy Leader or relevant Portfolio Member have been consulted?

No.

 

Signed

Dave Banks