Agenda item

To receive the report of the Director of Environment Street Scene and Parks (No. 20) relating to a request to all London Boroughs from the Association of London Government to adopt a revised Local Authority “Gold” resolution.

The recommendations set out in the report were endorsed by Cabinet on 14 June 2006.

Councillor Rye moved and Councillor Hurer seconded the report of the Director of Environment, Street Scene and Parks (No. 20) relating to a request to all London Boroughs from the Association of London Government to adopt a revised Local Authority “Gold” resolution.

NOTED that the recommendations set out in the report were endorsed by Cabinet on 14 June 2006.

RESOLVED

1.         that the recommendations below be adopted, whilst the ALG continue to work on two areas of concern:-

i.            indemnities for "Gold" Chief Executives in respect of personal liabilities, to the extent that this might not be covered by an authority's existing arrangements;

ii.         the exploration of additional arrangements for pooling expenditures.

2.         in accordance with section 138 Local Government Act 1972, section 101 Local Government Act 1972, section 19 Local Government Act 2000, Regulations 7 and 10 Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000  and all other enabling powers. The resolution has regard to “Emergency Response and Recovery” the non-statutory Guidance issued pursuant to the Civil Contingencies Act 2004.

3.         As from the date of this resolution the Council’s functions under section 138(1) Local Government Act 1972 (Powers of principal councils with respect to emergencies or disasters) are delegated to the Council which has appointed the Head of Paid Service as defined in paragraph 3 below in the circumstances set out in paragraphs 4-7 below.

4.         The Head of Paid Service is the person appointed by one of the Councils under section 4 Local Government and Housing Act 1989 who, following the convening of the Strategic Co-ordinating Group (“Gold Command”) to respond to an incident requiring a “Level 2” response (as defined in paragraph 4 below) has agreed to discharge the functions under section 138(1) Local Government Act 1972 (“the functions”) on behalf of the Councils.

5.         An emergency requiring a Level 2 response is a single site or wide-area disruptive challenge which requires a co-ordinated response by relevant agencies.

6.         The functions hereby delegated shall not be exercised until resolutions delegating the functions have been made by all the Councils.

7.         The powers hereby delegated to the Council which has  appointed the Head of Paid Service shall not include any power to incur expenditure or to make grants or loans to any person unless either:

i.          the Head of Paid Service has received confirmation from the Minister that  expenditure reasonably incurred by the Head of Paid Service in taking immediate action to safeguard life or property or to prevent suffering or severe inconvenience  will be reimbursed by HM Government; or

ii.         the Head of Paid Service has received confirmation on behalf of the Council(s) in whose area(s) the incident has occurred that expenditure reasonably incurred by the Head of Paid Service in taking immediate action to safeguard life or property; to prevent suffering or severe inconvenience and to promote community cohesion and a return to normality, will be met by the Council (or the Councils in proportions to be agreed by them).

8.         In the event the Minister has confirmed that expenditure will be reimbursed by HM Government, the Head of Paid Service shall, insofar as reasonably practicable, consult with and inform the Council(s) in whose area(s) the incident has occurred regarding any action proposed to be taken.