Decision Maker: Cabinet Member - Regulatory, Compliance and Corporate Services
Decision status: Awaiting Implementation
Is Key decision?: No
Is subject to call in?: Yes
To seek authority from Cabinet Member to enter into an agreement under section 101 of the Local Government Act 1972 and section 9EA of the Local Government Act 2000 with another Local Authority in order for them to prosecute for offences that may have taken place within the Sefton Council’s jurisdiction .
That authority be granted for the Council to enter into the agreement with the other Local Authority , and for Corporate Legal Services to execute the deed under seal and pursuant to Regulation 4 Local Authorities ( Arrangements for the Discharge of Functions) (England ) Regulations 2012.
Reasons for the Decision(s):
Another Local authority has conduct of a criminal investigation relating to fraudulent activities by companies based in their area. Consumers affected by the fraud in Sefton are willing to support the investigation of the other Local Authority and they intend to investigate the said companies and individuals and instigate legal proceedings as may appear appropriate.
If they do not have our agreement, they will be unable to pursue the investigation any further.
Alternative Options Considered and Rejected: (including any Risk Implications)
Not to give the agreement- this would adversely affect residents of the borough who have been affected by a crime.
Publication date: 05/01/2022
Date of decision: 05/01/2022
Effective from: 13/01/2022