Appendix B Scheme of Officer Authorisation and Delegation of Powers – Regulatory Service 1. Chief Executive, Director of Operations and Head of Regulatory Services 1.1 The Council, in pursuit of its powers under Section 47(A) of the Local Government Act (NI) 1972, as inserted by Article 26 of The Local Government (Miscellaneous Provisions) (NI) Order 1985, having considered the competence of the Chief Executive, Director of Operations and Head of Regulatory Services, authorises them to discharge its functions relating to : (1) The authorisation of staff in, or acting on behalf of, the Regulatory Services. (2) The authorisation of staff to serve statutory notices, where individual officers are deemed proper and competent (as specified in personal authorisation documentation) by the Head of Regulatory Services. 2. Authorisation of officers 2.1 Mid and East Antrim Borough Council authorises the following persons to, (a) exercise the powers, functions and duties of an Environmental Health Officer on behalf of the Council. PhilipThompson Director of Operations xxxxxx Head of Regulatory Services Nicola McCall Deputy Chief Environmental Health Officer Juliet Coulter Senior Environmental Health Officer Elaine Logan Senior Environmental Health Officer Sinead Sargent Senior Environmental Health Officer Karen Bruce Environmental Health Officer Shauna Lagan Environmental Health Officer Elise Logan Environmental Health Officer Janine McIlroy Environmental Health Officer Sam Mills Environmental Health Officer
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Appendix B
Scheme of Officer Authorisation and Delegation of Powers –
Regulatory Service
1. Chief Executive, Director of Operations and Head of Regulatory Services
1.1 The Council, in pursuit of its powers under Section 47(A) of the Local
Government Act (NI) 1972, as inserted by Article 26 of The Local Government
(Miscellaneous Provisions) (NI) Order 1985, having considered the
competence of the Chief Executive, Director of Operations and Head of
Regulatory Services, authorises them to discharge its functions relating to :
(1) The authorisation of staff in, or acting on behalf of, the Regulatory Services.
(2) The authorisation of staff to serve statutory notices, where individual officers
are deemed proper and competent (as specified in personal authorisation
documentation) by the Head of Regulatory Services.
2. Authorisation of officers
2.1 Mid and East Antrim Borough Council authorises the following persons to,
(a) exercise the powers, functions and duties of an Environmental Health Officer
on behalf of the Council.
PhilipThompson Director of Operations
xxxxxx Head of Regulatory Services
Nicola McCall Deputy Chief Environmental Health Officer
Juliet Coulter Senior Environmental Health Officer
Elaine Logan Senior Environmental Health Officer
Sinead Sargent Senior Environmental Health Officer
Karen Bruce Environmental Health Officer
Shauna Lagan Environmental Health Officer
Elise Logan Environmental Health Officer
Janine McIlroy Environmental Health Officer
Sam Mills Environmental Health Officer
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Catriona Muldoon Environmental Health Officer
Kevin Woodin Environmental Health Officer
Elaine Hagan Environmental Health Officer (Temporary)
Karen Henry Environmental Health Officer (Temporary)
Catherine Metcalfe Environmental Health Officer (Temporary)
Danielle McCaffrey Environmental Health Officer (Temporary)
Patricia Allen Assistant Director
Chris Jordan Principal Environmental Health Officer
Julie Parkinson Senior Environmental Health Officer (acting head)
Oliver Bateson Environmental Health Officer
Sinead Kelly Environmental Health Officer (acting senior)
Sonya Beattie Environmental Health Officer
Charlotte Dunlop Environmental Health Officer
Stephanie Rock Environmental Health Officer (maternity cover)
Alan Barkley Director of Environmental Services
Claire Duddy Deputy Director of Environmental Services
Owen Fulton Lead Environmental Health Officer (Commercial)
Graeme Evans Lead Environmental Health Officer (Pollution)
Alison Marsh District Environmental Health Officer
James Martin District Environmental Health Officer
Colin Bell District Environmental Health Officer
Sonia Dickson District Environmental Health Officer (Temporary)
(b) exercise the powers, functions and duties of an Environmental/Borough
Warden/Enforcement Officer on behalf of the Council.
Ossie Porter Assistant Environmental Warden
Stewart Clawson Enforcement Officer
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Elaine Clarke Enforcement Officer
Nigel Devine Borough Warden
Gary Gordon Assistant Warden
Ciaran Bradley Assistant Warden
(c) exercise the powers, functions and duties of a Control Officer on behalf of the
Council.
Roy Eland Tobacco Control Officer
Val Stewart Tobacco Control Officer
Helen McKean Tobacco Control Officer
(d) Exercise the powers, functions and duties of a Building Control Officer on
behalf of the Council.
Trevor Kyle Deputy Director of Building Control
Stephen Montgomery Senior Building Control Surveyor (secondment)
Ross Reid Senior Building Control Surveyor
Mabel Higgins Lead Building Control Surveyor
Derek Shannon Building Control Surveyor
Colin Laverty Building Control Surveyor
Hilda Beamish Building Control Surveyor
Chris McKee Building Control Surveyor
Christopher McGookin Building Control Surveyor
Willie John Dunbar Building Control Surveyor
Ken Hunter Building Control Surveyor
Marion Mooney Building Control Surveyor (temp)
Robin Dickey Building Control Inspector
David McBride Building Control Inspector
Mark Galbraith Building Control Inspector
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Leanne White Building Control Inspector
(e) Exercise the powers, functions and duties on a Harbour Master on behalf of
the Council:
Nigel Thompson Harbour Master
Billy McCauley Harbour Master
2.2 And, specifically to exercise those powers of an authorised officer as assigned
to them by the Head of Regulatory Services in respect of:-
The Food & Environment Protection Act 1985
The Consumer Protection Act 1987 (including sec 28 – test purchases)
The Public Health Acts 1878 – 1967
The Clean Air (N.I.) Order 1981
The Pollution Control & Local Government (N.I.) Order 1978
The Rent (N.I.) Order 1978
The Local Government (Miscellaneous Provisions) (N.I.) Order 1985
The Betting, Gaming, Lotteries & Amusements (N.I.) Order 1985
The Hairdressers Act (N.I.) 1939
The Rats & Mice (Destruction) Act 1919
The Poisons (N.I.) Order 1976
The Local Government Act (N.I.) 1972
The Litter (N.I.) Order 1994
The Dogs (N.I.) Order 1983
The Dangerous Dogs (N.I.) Order 1991
The Street Trading (Regulations) Act (N.I.) 1929
The Street Trading Act (NI) 2001
The Shops (Sunday Trading) (N.I.) Order 1997
The Children & Young Persons (Protection from Tobacco) (N.I.) Order 1991
The Tobacco Advertising and Promotion Act 2002
The Waste & Contaminated Land (NI) Order 1997 (including Article 44
Part II of the Order – obtaining of information)
The Environment (NI) Order 2002
The Solvent Emissions Regulations (NI) 2004
The Health and Personal Social Services (NI) Order 1978
The Safety of Sport Grounds (NI) Order 2006
The General Product Safety Regulations 2005 (including Regulation 21 to
purchase goods)
The Construction Products Regulations 1991 (including Regulation 16)
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The Private Tenancies (NI) Order 2006 (including Article 27)
The Smoking (NI) Order 2006 (and regulations made thereunder)
The Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing
Products Regulations 2005
The Protection from Tobacco (Sales from Vending Machines) Regulations
(NI) 2012
The Sunbeds Act (NI) 2011
The Ozone Depleting Substances (Qualifications) Regulations (NI) 2011
The Caravans Act (Northern Ireland) 2011
The Clean Neighbourhoods and Environment Act (Northern Ireland) 2011
The Welfare of Animals (Dog Breeding Establishments and Miscellaneous
Amendments) Regulations (NI) 2013
The Dogs (Guard Dog Kennels) Regulations (NI) 2013
The Petroleum (Consolidation) Acts (Northern Ireland) 1929 and 1937
The Landlord Registration Scheme Regulations (Northern Ireland) 2014
Fire and Rescue Services (Northern Ireland) Order 2006
Cinemas (Northern Ireland) Order 1991.
The Noise Act 1996.
The Fluorinated Greenhouse Gases Regulations (NI) 2009
The Tenancy Deposit Scheme Regulations (Northern Ireland) 2012
The Housing Amendment (Northern Ireland) Act 2011
The High Hedges Act (NI) 2011
Building Regulations (NI) Order 1979
Local Government Miscellaneous Provisions) (NI) Order 1985
Building Regulations (NI) Order 2000
Building Regulations (NI) Order 2012
Energy Performance of Buildings (Certification and Inspection) Regulations
(NI) 2008
Energy Performance of Buildings (Certification and Inspection) (Amended)
Regulations (NI) 2013
Town Improvement Clauses Act 1847
Town Improvement (Ireland) Act 1854
Public Health Acts Amendment 1907
3. Delegation of authority to instigate legal proceedings for Non-payment
of fixed Penalties and/or non-compliance with a statutory notice
3.1 Where a person has been offered the opportunity to discharge any liability to
conviction of an offence under the Dogs (NI) Order 1983 (as amended), The
Litter (NI) Order 1994 (as amended, The Clean Neighbourhoods and
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Environment Act (NI) 2011, and The Smoking (NI) Order 2006, and the fixed
penalty has not been paid, the Council delegate authority under Section 47A
of the Local Government Act 1972 as amended by Article 26 of The Local
Government (Miscellaneous Provisions) (NI) Order 1985 to the Chief
Executive, Director of Operations or Head of Regulatory Services to instigate
legal proceedings for the offence on behalf of the Council.
4. Delegation of authority to instigate legal proceedings
4.1 The Council, in pursuit of its powers under Section 47(A) of the Local
Government Act (NI) 1972, as amended by Article 26 of The Local
Government (Miscellaneous Provisions) (NI) Order 1985, having considered
the competence of the Chief Executive, Director of Operations and Head of
Regulatory Services, authorises them to discharge its functions relating to the
making of recommendations for prosecution on behalf of Council (where
legislative provisions permit) and referral of case files to the Council’s solicitor
for legal action on behalf of the Regulatory Service with prior approval of
Council
5. Powers to serve Statutory Notices
5.1 In addition to their authorisation to exercise the powers, functions and duties
as Head of Regulatory Services on behalf of the Council, Mid and East Antrim
Council, in exercise of its powers under Section 47A of The Local
Government Act (N.I.) 1972, agrees to delegate to the Head of Regulatory
Services, the following powers.
(a) The Pollution Control & Local Government (N.I.) Order 1978
The power to serve a Notice requiring the furnishing of certain information
needed for the purposes of any function conferred by the Order (Art.72), or
information as to ownership (Art. 69) for functions under the Public Health
Acts (NI) 1878 to 1967.
The power to serve a ‘nine day’ Notice (Art.65) in respect of defective
premises in such a state as to be prejudicial to health or a nuisance where
unreasonable delay in remedying the defective state would be occasioned by
following the procedure prescribed by The Public Health (Ireland) Act 1878.
The power to serve a Notice (Art.40) requiring the control of construction
noise.
The power to serve a Notice (Art.66) in respect of a building or structure that
is by reason of its ruinous or dilapidated condition seriously detrimental to the
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amenities of the neighbourhood, requiring the owner to execute such works of
repair or restoration, or if he so elects to take such steps for demolishing the
building or structure or any part thereof, and removing any rubbish or other
material resulting from or exposed by the demolition, as may be necessary in
the interests of amenity.
The power to serve a Notice (Art.66) in respect of rubbish or other material
resulting from, or exposed by, the demolition or collapse of a building or
structure is lying on the site or on any adjoining land, that by reason thereof
the site or land is in such a condition as to be seriously detrimental to the
amenities of the neighbourhood, requiring the owner of the site or land to take
such steps for removing the rubbish or material, as may be necessary in the
interests of amenity.
The power to serve removal notices (Art.30) for abandoned vehicles.
(b) The Local Government (Miscellaneous Provisions) (N.I.) Order 1985
The power to remove or obliterate any graffiti, placard or poster, and the
power to serve a Notice to effect its removal (Art.30).
(c) The Consumer Protection Act 1987/ The Construction Products
Regulations 1991
The power to serve Notices in accordance with the provisions of Section 14 of
the Consumer Protection Act 1987, Regulation 10 of the Construction
Products Regulations 1991 and Regulations 11 to 15 and Regulations 18, 21
and 22 of the General Product Safety Regulations 2005 and indemnifies the
said officers as provided by Section 48 of the Local Government Act (NI)
1972.
(d) The Health and Safety at Work (N.I.) Order 1978
The power to duly authorise in writing any other person whom an inspector,
on entering any premises by virtue of Article 22 (2) (a) proposes taking with
him.
(e) The Waste & Contaminated Land (NI) Order 1997
i) The power to serve a Notice requiring the removal of waste unlawfully
deposited in or on any land (Article 28 of Part II The Waste &
Contaminated Land (NI) Order 1997).
ii) The power to serve a Notice to obtain information in respect of waste
unlawfully deposited in or on any land. (Article 44 of Part II of The
Waste and Contaminated Land (NI) Order 1997).
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(f) The Rats and Mice (Destruction) Act 1919
The power to serve a Notice where conditions are likely to lead to a
rodent infestation.
5.2 It is agreed that the following officers are also authorised to serve all notices
outlined above under the above legislation;
Nicola McCall Deputy Chief Environmental Health Officer
Claire Duddy Deputy Director of Environmental Services