Table 4

Regulatory Committee Responsibilities and Functions

The following functions shall be undertaken only by members of the Regulatory Committee:

A         Planning Committee

            (i)         to deal with all matters relating to the control of development and issues arising therefrom;

            (ii)        to exercise the statutory regulatory powers and duties of the Council in relation to rights of way, including the creation, stopping up and diverting of footways and bridleways, the duty to keep a definitive map and statement under review, the duty to re-classify roads used as public paths, the duty to protect the rights of the public to use them and the power in relation to the removal of obstructions;

            (iii)       to exercise the quasi-judicial and statutory regulatory powers and duties of the Council in relation to other highways (including the duty to assert and protect the rights of the public to use and enjoyment of highways, powers in relation to the removal of obstructions and the power to issue licences and consents and to take other action under Sections 115, 139, 142, 147, 169, 171, 172, 178,179 and 180 of the Highways Act 1980 insofar as they are the responsibility of the County Council);

            (iv)       to authorise the County Council as County Planning Authority to participate in planning obligations under Section 106 of the Town and Country Planning Act 1990; and

            (v)        to consider objections received in relation to orders made under the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004 and regulations made thereunder and make recommendations to the decision maker.

B         To exercise all the powers and duties of the Council in relation to:

            (i)         the licensing and regulation of agencies for the supply of nurses;

            (ii)        approval of premises for the solemnisation of marriages;

            (iii)       explosives;

            (iv)       poisons;

            (v)        the issues of licences relating to the movement and sale of pigs; the licensing of collecting centres for the movement of pigs and licences to move cattle from a market;

            (vi)       making, amending, revoking or re-making byelaws;

            (vii)      the employment of children;

            (viii) safety certificates for sports grounds and regulated stands at sports grounds.

C         To approve and review as necessary a programme of training for members in relevant aspects of public administrative law to enable them to carry out their duties in accordance with the principles of natural justice and the law.

D         To issue guidance from time to time to assist members to carry out their duties and to improve procedures and working practices.

E         To provide the following panels to exercise the powers and duties of the County Council in relation to various quasi-judicial statutory functions:

(i)         Approved Marriage Premises Review Panel

(ii)        Discretionary Transport Appeal Panel

(iii)       Commons and Village Green Registration Panel

Members of the panels listed above, except where indicated otherwise, are appointed by the Assistant Chief Executive as the need arises. The County Council has agreed to waive the political balance provisions of the Local Government and Housing Act 1989 in relation to these panels, on the basis that they will comprise a member of each group where possible. The terms of reference of the panels are as follows:

i)          Approved Marriage Premises Review Panel

Terms of Reference

            To review decisions made by the Proper Officer for Registration and to make determinations in accordance with the Marriage (Approved Premises) Regulations 1995 where an applicant for, or holder of, an approval is aggrieved.

Membership

            Three members of the Regulatory Committee.

ii)         Discretionary Transport Appeal Panel

Terms of Reference

            (i)         To consider individual cases and make arrangements on behalf of the County Council to pay for or provide transport to and from an education provider for pupils and students whom the Director of Children’s Services does not consider to qualify either statutorily or under the normal policy of the County Council for such transport.

Membership

            Three members of the Regulatory Committee.

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iii)        Commons and Village Green Registration Panel

Terms of Reference

(i)         To determine the registration of common land or town or village greens,

            (ii)        To determine amendments to the registers of common land and town or village greens

Membership

Three members of the Regulatory Committee