East Devon District Council

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Policy Environmental Health Enforcement Policy

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3. Responsibility and Authorisation

3.1    Responsibility for implementation of the Policy rests with the Head of Environmental Health and Health Equalities.  Authorised Officers within the Environmental Health & Health Equalities Service carry out day-to-day enforcement activities.  Officers, authorised in accordance with relevant Codes of Practice or National Guidance, carry out inspections, sampling, complaint investigations, deal with requests for service and, where necessary, offer advice or training.  The nominated Lead Officer and/or relevant Environmental Health Team Manager is responsible for the day to day planning, organising and monitoring of all aspects of this Policy.

 3.2    All officers are authorised in accordance with their qualifications, experience and competency. Only officers who are competent by training, qualification and/or experience will be authorised to undertake enforcement action Such officers are authorised in writing by the Head of Environmental Health and Health Equalities who will specify the legal provisions under which they are entitled to act.

 3.3    Officers who undertake criminal investigations will be conversant with the provisions of the Police and Criminal Evidence Act 1984 (PACE), the Criminal Procedure and Investigations Act 1996 (CPIA), the Data Protection Act 1998, the Human Rights Act 1998, the Disability Discrimination Act 1995 and the Regulation of Investigatory Powers Act 2000.

 3.4    In undertaking all enforcement, staff will be fair, independent and objective. They will not let any personal views about issues such as ethnic or national origin, sex, religious beliefs, political views or the sexual orientation of the suspect, victim, witness or offender influence their decisions. They will not be affected by improper or undue pressure from any source

 3.5    The issue of a Formal Caution and any decision to prosecute will only be administered or approved by the Head of Environmental Health and Health Equalities in consultation with Council's Solicitor.

3.6    All statutory notices will be authorised and signed by either the Head of Environmental Health and Health Equalities or a Section Manager unless specific authorisation has been granted to another officer to act under 3.2 above.

 3.7    All enforcement officers will be authorised to issue fixed penalty notices without further approval from a more senior officer.