Decision No: CAB074 - 10/2007

Forward Plan No: ET02538

This record relates to A05 on the agenda for the Decision-Making

RECORD OF EXECUTIVE DECISION

29/10/2007  

DECISION-MAKER:

THE CABINET  

PORTFOLIO AREA:

Environment and Transport  

SUBJECT:

Implementation of Regional Initiative to Combat Illegal Money Lending in Southampton  

AUTHOR:

Clive Robinson  

THE DECISION

To approve the proposals / recommendations contained in the report without modification as set out below.
Having complied with the requirements of paragraph 15 (General Exception) of the Access to Information Procedure Rules, it is recommended.

(i) To authorise Birmingham City Council’s Illegal Money Lending Team to investigate and institute proceedings against illegal money lenders operating in Southampton.

(ii) To approve, by virtue of Section 101 of the Local Government Act 1972 and Section 13(7) of the Local Government Act 2000 the delegation of a function, namely, enforcement of Part III of the Consumer Credit Act 1974 to the Trading Standards Service of Birmingham City Council subject to those terms and conditions contained in the agreement to be entered into with Birmingham City Council relating to the said delegated function.

(iii) To authorise the Head of Environmental Health and Consumer Protection Division, following consultation with the Solicitor to the Council, to determine the terms of any such agreement; to enter into it on behalf of Southampton City Council; to terminate the agreement; and, subject to consultation with the Cabinet Member for Environment & Transport having responsibility for Trading Standards matters, to extend it.

(iv) To agree the attached “Protocol for Illegal Money Lending Team Investigations” (Appendix 1) and authorise the Head of Environmental Health and Consumer Protection Division to approve minor alterations as required.


 

REASONS FOR THE DECISION

1. This report is submitted for consideration as a General Exception under paragraph 15 of the Access to Information Procedure Rules in part 4 of the City Council’s Constitution, notice having been given to the Chair and Vice Chair of the (relevant) Scrutiny Panel and the Public. The matter requires a decision owing to the Treasury having confirmed funding for the project in the last few days and the need to provide protection to vulnerable individuals and tackle deprivation and harassment and cannot be deferred for inclusion in the next Forward Plan.

2. The objectives of the project are:

a) to ensure cases of illegal money lending are brought to Court;
b) to obtain a greater understanding of the level of illegal money lending in Southampton;
c) to promote ways of replacing the removed lenders with more support for their victims, and;
d) to consider ‘Best Practice’ when attempting to enforce the law against illegal money lending in the future.

3. In order to ensure that all investigations, prosecutions and associated costs are properly authorised and accounted for, it is essential that delegated powers are given to the Birmingham City Council Illegal Money Lending Team in accordance with this report and attached protocol.

4. There are no financial implications for Southampton City Council as a result of this proposal. All costs will be funded by the Treasury.

 

DETAILS OF ANY ALTERNATIVE OPTIONS

1. Not to participate in the project.
• Project has potential to tackle real deprivation and harassment;
• Project has social and economic benefits in identifying support for actual and prospective victims of loan sharks;
• Funding in place and skills/resources available by expanding existing pilot project team.
2. Bid for participation as a Southampton specific project based in and operated by Southampton City Council Trading Standards Service:
• Bid documents and subsequent briefings favoured a regional bid;
• Project funding on year to year basis, with first part of funding due to expire march 08, posing a high financial risk;
• Resources, particularly staff, not currently available and recruitment time frame not achievable;
• Real economies of scale achievable through regional and/or national bids.

 

OTHER RELEVANT MATTERS CONCERNING THE DECISION

CONFLICTS OF INTEREST

The decision-maker(s) did not declare a personal or prejudicial interest in the matters set out in the report  

CONFIRMED AS A TRUE RECORD:

We certify that the decision this document records was made in accordance with the Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and is a true and accurate record of that decision.

Date:

Decision Maker:

29/10/2007

The Cabinet

Proper Officer:

Judy Cordell

SCRUTINY

Note: This decision will come in to force at the expiry of 5 working days from the date of publication subject to any review under the Council's Scrutiny 'Call-In' provisions.

Call-In Period

30 October 2007 to 06 November 2007

Date of Call-in (if applicable) (this suspends implementation)

Call-in Procedure completed (if applicable)

Call-in heard by (if applicable)

Results of Call-in (if applicable)