Decision details

The Senior Solicitor in presenting the report, advised Members that the report title should correctly read as ‘Judicial Approval’ and not ‘Judicial Review’ as listed in the agenda.

The report had been produced as a result of changes contained within the Protection of Freedoms Act 2012 to Local Authority Authorisations made under the Regulation of Investigatory Powers Act 2000 (RIPA).  These changes which came into effect from 1 November 2012 required approval by a Justice of the Peace before the Council could use one of the three permitted means of covert surveillance available to it for preventing or detecting crime.

Although the use of RIPA was an executive function, it was necessary for the Council and the Licensing Committee to approve the authorisation in order to ensure that the necessary delegations were in force where the offences to be investigated were not the responsibility of the executive.

RESOLVED:    That the arrangements for the discharge of council functions set out in Section 6 of Part 3 of the Council’s Constitution be amended by the insertion of the following delegation to the Solicitor to the Council and the Community Safety, CCTV and Parking Manager: