Decision details

10.1     The Lead Member considered a report by the Director of Communities, Economy and Transport.

DECISION

10.2     RESOLVED to (1) delegate the function of enforcement of the Financial Services and Markets Act 2000 (as delegated through the Financial Services Act 2012 and Part III of the Consumer Credit Act 1974) in East Sussex to Birmingham City Council following legislation changes until 31 March 2018;

(2)        delegate the power of prosecution to Birmingham City Council for any matters associated with or discovered during an investigation by the Illegal Money Lending Team;

(3)        approve the “Protocol for Illegal Money Lending Team Investigations” attached to the report; and

(4)        agree to delegate authority to the Head of Communities to enter into the agreement on behalf of East Sussex County Council and approve minor alterations if required.

Reasons

10.3     In order to continue the scheme in East Sussex, Birmingham City Council requires formal delegation of functions to carry out investigations and to prosecute any matters in the area.

10.4     The decisions will add to the County Council’s resources and will enable the County Council’s Trading Standards to have access to a team of highly trained experts from the Illegal Money Lending Team.  They will support performance of the County Council’s duty in relation to enforcement of the provisions of the Consumer Credit Act 1974 and the Financial Services and Markets Act 2000.

10.5     This area of law enforcement requires specialist resource, expertise, techniques and facilities which the County Council’s Trading Standards would not otherwise have access to. Members of the IMLT include officers with high-level training and expertise in surveillance techniques as well as security operations.