Nichola Vine will provide a presentation to the Board on local authority powers.
Minutes:
Nichola Vine, strategy and commissioning manager for WCC legal services outlined the local authority powers in relation to Covid-19. The presentation focused on the Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020 and the Coronavirus Act 2020. Detail was provided on the powers available in relation to:
· The Health Protection (Coronavirus, Restrictions) (England) (No.3) Regulations 2020. These regulations included powers for local authorities to
o Restrict access to, or close, individual premises.
o Prohibit certain events (or types of event) from taking place.
o Restrict access to, or close, public outdoor places (or types of outdoor public places).
o Anyone directly impacted by a direction made under the Regulations had the right of appeal to a local magistrate and to make representations to the Secretary of State.
o Enforcement – powers are afforded to a local authority’s designated officer, police officers or PCSOs to take such action as is necessary and proportionate, including service of a prohibition notice, direction to stop events or remove people from events or places.
o Offences – details on the types of offences, who may bring proceedings, the issue of fixed penalty notices and the fines for offences ranging from £100 to a maximum of £3,200.
· Coronavirus Act 2020
o Section 51 and Schedule 21 provided powers to public health officers, immigration officers and police constables in relation to potentially infectious people.
o There were further powers available where a person had been screened and assessed. Where the person was required to remain at the specified place or in isolation, the requirement could be enforced.
o Offences – details of the types of offences and the appeal provisions to the magistrates’ court.
· There were some further general public health powers, but these required greater evidence gathering and an application to the magistrates’ court for an order.
Questions and comments were invited, with responses provided as indicated:
· A question whether there were sufficient officers to provide enforcement. There were designated enforcement officers within upper tier authorities and the police/PCSOs. The rules had changed earlier in the day on the numbers of people who could gather, but such changes to guidance had been frequent.
· A discussion about how district and borough environmental health officers (EHOs) were contributing. There was close working with EHOs, but the formal notices had to be served by the county council officer.
· Comments about the lack of clarity in guidance, confusion of which aspects were legislative, and which were guidance and there had been numerous changes to the guidance. There were not enough police resources to provide enforcement and reference was made to the challenges in Manchester.
· It was questioned if the legislation permitted delegation to officers at district or borough councils but was confirmed that the legal powers and action rested with upper tier authorities and the police. An offer was made to look at this further, but it was important to ensure the powers were exercised properly.
Dates of future meetings
A further meeting of the board was scheduled for 5 October 2020.
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Councillor Les Caborn, Chair
The meeting closed at 3.25pm