The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012

PART 3 RESPONSIBILITIES OF DIRECTORS OF PUBLIC HEALTH

Responsibilities of directors of public health

14.  The following functions of a local authority(1) are prescribed for the purposes of section 73A(1)(f) of the 2006 Act (appointment of directors of public health)—

(a) any of the authority’s functions arising from it being an authority which must be consulted pursuant to section 5(3)(bb) (statement of licensing policy) of the Licensing Act 2003(2);

(b) any of the authority’s functions arising from it being a responsible authority, by virtue of sections 13(4)(bb) (authorised persons and responsible authorities), 69(4)(bb) (authorised persons and responsible authorities) or 172B(4)(da) (procedural requirements for early morning alcohol restriction order) of the Licensing Act 2003(3), for the purposes of the following sections of that Act—

(i) sections 18, 35 and 41B (representations by a responsible authority in relation to applications for, or to vary, premises licences) (4);

(ii) section 31 (representations by a responsible authority in relation to determination of application for provisional statement) (5);

(iii) sections 51, 52 and 53 (applications and representations by a responsible authority for and in relation to a review of premises licences) (6);

(iv) section 53C (representations by a responsible authority in relation to summary reviews of premises licences) (7);

(v) sections 72, 85 and 86B (representations by a responsible authority in relation to applications concerning club premises certificates) (8);

(vi) sections 87(9), 88 and 89 (applications and representations by a responsible authority for and in relation to a review of club premises certificates);

(vii) section 96 (powers of a responsible authority in relation to inspection of club premises);

(viii) section 167(10) (representations by a responsible authority in relation to review of premises licence following closure order);

(ix) section 172B(11) (representations by a responsible authority in relation to early morning alcohol restriction orders).

Further provision as to prescribed public health functions

15.  The functions which are prescribed under regulation 14 are also prescribed for the purposes of section 73B(2)(e) of the 2006 Act (other public health functions in the exercise of which a local authority must have regard to Secretary of State documents).

(1)

See section 2B(5) of the 2006 Act for the definition of “local authority”, which is also applied to sections 73A and 73B of the 2006 Act by virtue of sections 73A(8) and 73B(7) respectively of that Act.

(2)

2003 c.17. Section 5(3)(bb) of the Licensing Act 2003 (“the 2003 Act”) was inserted by paragraphs 111 and 112(b) of Schedule 5 to the 2012 Act.

(3)

Sections 13(4)(bb), 69(4)(bb) and 172B(4)(da) of the 2003 Act were each inserted by paragraph 111 and (respectively) paragraphs 113(b), 115(b) and 116(b) of Schedule 5 to the 2012 Act.

(4)

Sections 18 and 35 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 105(1) and (respectively) section 105(4) and 105(6) of the Police Reform and Social Responsibility Act 2011 (c.13) (“the 2011 Act”). Section 41B of the 2003 Act was inserted by article 2 of S.I. 2009/1772.

(5)

Section 31 of the 2003 Act was amended by section 105(1) and (5) of the 2011 Act.

(6)

Section 51 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 106(1) and (2) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.

(7)

Section 53C of the 2003 Act was inserted by section 21 of the Violent Crime Reduction Act 2006 (c.38).

(8)

Sections 72 and 85 of the 2003 Act were amended (in relation to relevant references to the responsible authority) by section 107(1) and (respectively) section 107(4) and (5) of the 2011 Act. Section 86B of the 2003 Act was inserted by article 3 of S.I. 2009/1772.

(9)

Section 87 of the 2003 Act was amended (in relation to relevant references to the responsible authority) by section 108(1) to (3) of the 2011 Act.

(10)

Section 167 was amended (in relation to relevant references to the responsible authority) by section 106(1) and (6)(e) of the 2011 Act.

(11)

Section 172B of the 2003 Act was inserted by section 119(1) and (3) of the 2011 Act.