Authorisations by local authoritiesE+W

3.—(1) Subject to paragraphs (2) and (3), a local authority may grant an authorisation to an individual to exercise the powers conferred on an authorised officer under regulation 4.

(2) A local authority may only grant authorisation to an individual if that person is—

(a)an individual employed by that authority;

(b)an individual employed by another local authority or joint committee that carries out functions relating to housing fraud investigation purposes on behalf of that authority.

(3) An authorisation granted to an individual for the purposes of these Regulations—

(a)must be in writing and provided to that individual as evidence of that individual's entitlement to exercise powers conferred by these Regulations;

(b)may contain provision as to the period for which the authorisation is to have effect; and,

(c)may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes or in particular circumstances.

(4) An authorisation may be withdrawn at any time in writing by the local authority that granted it.

(5) The written authorisation or withdrawal of an authorisation by any local authority must be issued under the hand of either— 

(a)the officer designated under section 4 of the Local Government and Housing Act 1989 M1 as the head of the authority's paid service; or

(b)the officer who is the authority's chief finance officer (within the meaning of section 5 of that Act).

(6) A local authority may grant an authorisation for housing fraud investigation purposes in relation to offences in the area of another local authority, as well as in relation to offences in the area of the authority granting the authorisation.

Marginal Citations

M11989 c.42; amendments have been made to section 4 but they are not relevant to these Regulations.