4. Legal Proceedings - Constitution - Chapter 1, The Articles

4.1.  The Head of Governance is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Governance considers that such action is necessary to protect the Council’s interests. They may designate nominated officers to carry out this function on their behalf.

4.2.  Without prejudice to the foregoing, the Directors may exercise the following functions:-

4.2.1.  Service of requisitions for information as to ownership of, or other interests in, any land or property under statutory powers.

4.2.2.  Service of requisitions for information under the Crime and Disorder Act 1998.

4.2.3.  The release of Council held information under the Data Protection Act 2018 and the Freedom of Information Act 2000 and related frameworks subject to consultation with the Head of Governance on any application of exemptions.

4.2.4.  To sign Statements of Truth under the Civil Procedure Rules 1998 on behalf of the Council.

4.2.5.  Authority to apply for planning permission in respect of small projects and minor modification to projects.

4.2.6.  To grant renew refuse or cancel any authorisation that may be required under the Regulation of Investigatory Powers Act 2000 so far as it affects their service area. This power may only be exercised by those Heads of Service who have investigating officers in their service area or by the Monitoring Officer, the Deputy Monitoring Officer or the Chief Executive.

4.2.7.  To sign licences and notices relevant to their service area subject to consultation with the Head of Governance where necessary.

4.2.8.  Authority to appear, institute proceedings, prosecute, defend, negotiate a settlement and take any steps necessary in any proceedings on behalf of the Council where the matter falls within the remit of the relevant service unit. Such authority to be exercised subject to the Head of Governance being satisfied as to the evidence.

4.2.9.  To make decisions on any objection submitted which relates to a proposal, application or other matter within their service area.

4.2.10.  Service of any statutory notices affecting their service area subject to consultation with the Head of Governance where appropriate.

4.2.11.  To authorise the carrying out of work in default of compliance with any statutory notice subject to consultation with the Head of Governance.

4.2.12.  To authorise an employee to admit liability or to negotiate a settlement of any professional negligence liability claim made against that employee subject to consultation with the Head of Governance.

4.2.13.  To authorise in writing those officers, or agents, or consultants acting on behalf of the Council who may exercise statutory powers under the relevant legislation and a copy of the authorisation must be supplied when made to the Head of Governance.