ITEM NO.
REPORT OF THE HEAD OF LAW AND ADMINISTRATION
To the: CORPORATE SERVICES LEAD MEMBER BRIEFING
On: 8 December 2003
TITLE:
APPLICATION FOR CONSENT FOR
OFFICER TO APPEAR IN LEGAL
PROCEEDINGS
RECOMMENDATIONS:
THAT THE APPLICATION BE GRANTED
EXECUTIVE SUMMARY:
AN APPLICATION UNDER SECTION 223
LOCAL GOVERNMENT ACT 1972 TO
ENABLE SIMON MITCHELL TO
APPEAR ON BEHALF OF SALFORD CITY
COUNCIL IN MAGISTRATES COURTS
PROCEEDINGS
BACKGROUND DOCUMENTS:
NOT APPLICABLE
ASSESSMENT OF RISK:
LOW
THE SOURCE OF FUNDING IS:
NOT APPLICABLE
LEGAL ADVICE OBTAINED:
NOT APPLICABLE
FINANCIAL ADVICE OBTAINED: NOT APPLICABLE
CONTACT OFFICER:
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IAN SHEARD, ASSISTANT DIRECTOR,
LEGAL SERVICES
WARD(S) TO WHICH REPORT RELATES:
NOT APPLICABLE
KEY COUNCIL POLICIES:
NOT APPLICABLE
DETAILS:
1.
Under Section 223 of the Local Government Act 1972, an Officer of a Local
Authority can be authorised by that Authority to prosecute or defend on their
behalf, or to appear on their behalf, in proceedings before a Magistrates Court,
even though such Officer is not a Solicitor holding a current practicing
certificate.
2.
Simon Mitchell is a Principal Legal Officer in the Crime and Disorder Team
in the Legal Section. I would wish for him to represent the City Council in the
Magistrates Court in connection with applications for Anti-Social Behaviour
Orders and associated matters.
RECOMMENDATION:
THAT Simon Mitchell is granted the appropriate authorisation under Section 223 of
the Local Government Act 1972.
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