Delegation of Investigation and Enforcement Functions

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Delegation of Investigation and Enforcement Functions

Bracknell Forest Council Record of Decision Work Programme Reference I052341 1. TITLE: Delegation of Investigation and Enforcement Functions 2. SERVICE AREA: Corporate Services 3. PURPOSE OF DECISION To delegate to another authority, investigation and enforcement functions, and the instigation and conduct of proceedings in relation to a trading standards investigation. 4 IS KEY DECISION No 5. DECISION MADE BY: Executive Member for Council Strategy and Community Cohesion 6. DECISION: 1 That, pursuant to Section 101 of the Local Government Act 1972 and Section 9EA Local Government Act 2000 together with Regulation 5 of the Local Authorities (Arrangements for the Discharge of Functions) Regulations 2012 to the extent that any functions relate to Executive Functions and on behalf of Bracknell Forest Borough Council, Southampton City Council (and its proper officers) be authorised to discharge the function of enforcement by Bracknell Forest Borough Council of all statutory and common law provisions prohibiting the commission of offences, including, but not limited to, offences of fraud, money-laundering and conspiracy to defraud, arising out of an investigation (known as Operation Albacore) into the activities of 1st Active Drainage Limited, Fast Response Maintenance Limited and Plumbers 24/7 Limited, together with such other companies and individuals as may be linked either directly or indirectly to the operation of, and activities conducted by or associated with, those companies. Such authorisation should include conducting investigations into the said companies and individuals within the administrative area of Bracknell Forest, to instigate and conduct such legal proceedings as may appear appropriate against all such companies and individuals in connection with any offences as may appear to have been committed within that administrative area, and to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of the associated functions of Bracknell Forest Borough Council. 2 That the Borough Solicitor be authorised to enter into any Agreement (if required) to give effect to this decision. 7. REASON FOR DECISION Southampton City Council has had the conduct of “Operation Albacore” and it is appropriate that they should continue investigations, and conduct legal proceedings (i.e. criminal prosecutions) in respect of alleged offences occurring within the Borough of Bracknell Forest. 8. ALTERNATIVE OPTIONS CONSIDERED Theoretically it would be possible for legal proceedings for offences within the Borough to be pursued by the Council. However, as “Operation Albacore” relates to allegations of alleged offences occurring within a large number of local authority areas each individual authority conducting those proceedings would involve a very large duplication of resources. 9. PRINCIPAL GROUPS CONSULTED: Not applicable. 10. DOCUMENT CONSIDERED: Report of the Director of Corporate Services 11. DECLARED CONFLICTS OF INTEREST: None. Date Decision Made Final Day of Call-in Period 17 March 2015 27 March 2015 SIGNED: .................................................. DATE: .................................................... .

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