Part of Clean Neighbourhoods and Environment Bill – in a Public Bill Committee at 3:30 pm on 20 January 2005.
Alun Michael
Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs
3:30,
20 January 2005
What the Clause allows is fairly clear. It defines an ''authorised officer''. First, it could be an employee of the authority, but not just any old employee; it must be someone who is authorised in writing for the purpose of giving notices. As we have said, we will, in regulations or in guidance as appropriate, indicate the training that we expect people to have to be able to undertake that activity.
The second element is on page 28 in proposed new section 47(1)(b). The easiest thing is to read what it says. It refers to
''any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function''.
That draws pretty widely the category of those who could undertake the work, whether the arrangement happened to be a contract with a company or an arrangement with another public body or even, conceivably, a non-governmental or voluntary organisation.
The third element is
''any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices''.
In other words, if an organisation does work for a council—that would generally involve a contractual relationship—its employees could be authorised to undertake the work. That seems pretty comprehensive. Subsection (2) would give power to the appropriate person—we come back again to the Secretary of State and the National Assembly for Wales, respectively—to
''by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under section 43(1).''
Those requirements would deal with the issue of whom it is appropriate to allow to issue notices, and what training is required.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.