To receive a report regarding re-adoption of Part II of the Local Government (Miscellaneous Provisions) Act 1976.
The Committee had before it a report * from the Director of Corporate Affairs and Business Transformation regarding re-adoption of Part II of the Local Government (Miscellaneous Provisions) Act 1976 within the District of Mid Devon.
The Lead Licencing Officer explained that the purpose of the report was to set out the final stage of the legal process to confirm the re-adoption of the provisions of Part II of the Local Government (Miscellaneous Provisions) Act 1976 (‘the 1976 Act’) for the whole of the Mid Devon administrative area. Part II of the 1976 Act contained provisions relating to the licensing of Private Hire and Hackney Carriage vehicles, drivers and operators.
Adopting the 1976 Act therefore enables the Council’s taxi licensing function to operate including the setting of fees and for carrying out its enforcement duties.
The officer informed the Committee that after the 1976 Act came into force, in May 1994 under the constitution in place at the time, the Environment and Amenities (E&A) Committee resolved that the Council should adopt Part II of the 1976 Act. Following compliance with the statutory procedures this came into effect from 18 August 1994.
A routine service review of the adoption of the Act completed during August 2016 evidenced the resolution above, unfortunately during the intervening twenty-two years the original press notices and the parish/town council notices did not fully survive, therefore could not be produced.
The outcome of the above review was subsequently highlighted in the report of an audit of the Licensing team by internal audit services also in August 2016. The report recommendation E.2 had set out that the adoption of the Act be re-evidenced and therefore that Regulatory Committee formally (re)adopt the Act (to the extent it was not already in force) as a high priority. A target date of no later than 31 December 2016 had been fixed in order to allow for statutory procedures to be followed. The audit outcomes were reported and agreed at the meeting of the Audit Committee on 20 September 2016.
The officer explained that since records could now be scanned/duplicated and held electronically there was a significantly greater chance that the records of adoption would be traceable in the future.
He further clarified that there was no intention to change the existing position with respect to Part II of the 1976 Act therefore all policies, practices, conditions and delegations would continue unchanged where applicable.
The officer confirmed that two notices had been placed in local newspapers and all Town and Parish Councils had been notified. All statutory requirements had been complied with.
It was RESOLVED:
a) To the extent that they are not already in force the provisions of Part II of Local Government (Miscellaneous Provisions) Act 1976 Act, (other than section 45), are to apply to the whole area of the Council on and after the appointed day;
b) The appointed day for the purposes of this resolution shall be 12 December 2016 (being not before the expiration of the period of one month beginning with the day on which this resolution is passed).
c) 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.
(Proposed by Cllr J L Smith and seconded by Cllr T G Hughes)
Note: - Report * previously circulated and attached to Minutes.