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Protective Services enforcement policy and authorisations

Authorised officers

The following designations of North Lanarkshire Council employees are authorised to exercise the powers (including the powers of entry, inspection and sampling where authorised by statute) and to carry out the duties appropriate to the designation under the legislation hereinafter referred to and under any amending Acts, Regulations or Orders made thereunder.

Officer designations
Officer designation Legislation group     
Animal Health Officer 8
Animal Welfare Officer 14
Environmental Health Officer (includes Assistant Business Managers) 9,10, 11,12 (subject to the requirements stated within the Food Law Code of Practice (Scotland),13
Environmental Protection Officer 10,10b
Fair Trading Officer 1, 2, 3, 4, 5, 6, 8, 13
Food Safety Officer 10b,11,12 (subject to the requirements stated within the Food Law Code of Practice (Scotland)
Pest Control Officer 15
Contaminated Land Officer 10,10b
Air Quality Officer 9
Trading Standards Officer 1, 2, 3, 4, 5, 6, 7, 8, 13
Public Health Compliance Officer 4, 10b, 13

Legislation groups

1. Consumer Advice and Fair Trading

 

  • Accommodation Agencies Act 1953
  • Advanced Television Services Regulations 2003
  • Business Protection from Misleading Marketing Regulations 2008
  • Cancer Act 1939
  • Companies Act 2006
  • Companies (Trading Disclosures) Regulations 2008
  • Consumer Contracts (Information, Cancellations and Additional Charges) Regulations 2013
  • Consumer Protection (Distance Selling) Regulations 2000
  • Consumer Protection Act 1987
  • Consumer Protection (Enforcement) (Amendment etc.) (EU Exit) Regulations 2019
  • Consumer Rights Act 2015
  • Consumer Protection from Unfair Trading Regulations 2008
  • Consumer Rights (Payment Surcharges) Regulations 2012
  • Electronic Commerce (EC Directive) Regulations 2002
  • Enterprise Act 2002
  • Estate Agents Act 1979
  • European Union (Withdrawal) Act 2018
  • Footwear (Indication of Composition) Labelling Regulations 1995
  • Package Travel and Linked Travel Arrangements Regulations 2018
  • Provision of Services Regulations 2009
  • Radio Equipment and Telecommunications Terminal Equipment Regulations 2000
  • Radio Equipment Regulations 2017
  • Rights of Passengers in Bus and Coach Transport (Exemptions and Enforcement) Regulations 2013
  • Single Use Carrier Bags Charge (Scotland) Regulations 2014
  • Textile Products (Labelling and Fibre Composition) Regulations 2012
  • Unsolicited Goods and Services Act 1971

 


2. Consumer Credit and Prices

  • Consumer Credit Acts 1974 and 2006
  • Debt Arrangement and Attachment (Scotland) Act 2002
  • Development of Tourism Act 1969
  • European Union (Withdrawal) Act 2018
  • Prices Act 1974
  • Price Indications (Bureau de Change) (No. 2) Regulations 1992
  • Price Marking Order 2004
  • Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010
  • Financial Services Act 2012
  • Financial Services Act 2012 (Consumer Credit) Order 2013
  • Financial Services (Distance Marketing) Regulations 2004
  • Financial Services and Markets Act 2000
  • Legal Services Act 2007

 

3. Petroleum and Dangerous Substances

  • Clean Air Act 1993
  • Civic Government (Scotland) Act 1982
  • European Union (Withdrawal) Act 2018
  • Explosives Acts 1875 and 1923
  • Explosives Regulations 2014
  • Fireworks Act 2003
  • Fireworks Regulations 2004
  • Health and Safety at Work etc. Act 1974 (sections 20, 21, 22 and 25) and, by virtue of section 19(1) of the Act, any other related Health and Safety Regulation for which North Lanarkshire Council is responsible
  • Petroleum (Consolidation) Regulations 2014
  • Pyrotechnic Articles (Safety) Regulations 2015
  • Volatile Organic Compounds in Paints, Varnishes and Vehicle Refinishing Products Regulations 2012

 

4. Consumer Safety and Poisons

  • Aerosol Dispensers Regulations 2009
  • Antisocial Behaviour etc. (Scotland) Act 2004
  • Biocidal Products and Chemicals (Appointment of Authorities and Enforcement) Regulations 2013
  • Biofuel (Labelling) Regulations 2004
  • Cat and Dog Fur (Control of Import, Export and Placing on the Market) Regulations 2008
  • Chemicals (Hazard Information and Packaging for Supply) Regulations 2009
  • EC No. 1272/2008 Classification, Labelling and Packaging Regulations
  • Children and Young Persons (Protection from Tobacco) Act 1991
  • Cigarette Lighter Refill (Safety) Regulations 1999
  • Construction Products Regulations 2013
  • Cosmetic Products Enforcement Regulations 2013
  • Consumer Protection Act 1987
  • Coronavirus Act 2020
  • Detergents Regulations 2010
  • Electrical Equipment (Safety) Regulations 2016
  • Electromagnetic Compatibility Regulations 2016
  • Energy Act 1976
  • Energy Conservation Act 1996
  • Energy Information Regulations 2011
  • European Union (Withdrawal) Act 2018
  • Food Imitations (Safety) Regulations 1989
  • Furniture and Furnishings (Fire) (Safety) Regulations 1988
  • Gas Appliances (Safety) Regulations 1995
  • Gas Appliances (Enforcement) and Miscellaneous Amendments Regulations 2018
  • General Product Safety Regulations 2005
  • Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021
  • Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
  • Household Appliances (Noise Emission) Regulations 1990
  • Medical Devices Regulations 2002
  • Motorcycle Noise Act 1987
  • Motor Fuel (Composition and Content) Regulations 1999
  • Motor Vehicle Tyres (Safety) Regulations 1994
  • Nightwear (Safety) Regulations 1985
  • N-nitrosamines and N-nitrosatable Substances in Elastomer or Rubber Teats and Dummies (Safety) Regulations 1995
  • Oil Heaters (Safety) Regulations 1977
  • Packaging (Essential Requirements) Regulations 2015
  • Passenger Car (Fuel Consumption and CO2 Emissions Information) Regulations 2001
  • Pedal Bicycles (Safety) Regulations 2010
  • Personal Protective Equipment Regulations 2002
  • Personal Protective Equipment (Enforcement) Regulations 2018
  • Pesticides (Fees and Enforcement) Act 1989
  • Plant Protection Products Regulations 2011
  • Plugs & Sockets etc. (Safety) Regulations 1994
  • Poisons Act 1972
  • Pressure Equipment (Safety) Regulations 2016
  • REACH Enforcement Regulations 2008
  • Recreational Craft Regulations 2017
  • Regulation 765/2008/EC on Accreditation and Market Surveillance
  • Road Traffic Act 1988 (sections 17 and 18)
  • Road Vehicles (Brake Linings Safety) Regulations 1999
  • Standardised Packaging of Tobacco Products Regulations 2015
  • Tobacco Advertising and Promotion Act 2002
  • Tobacco for Oral Use (Safety) Regulations 1992
  • Tobacco and Primary Medical Services (Scotland) Act 2010
  • Tobacco and Related Products Regulations 2016
  • Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002
  • Toys (Safety) Regulations 2011
  • Simple Pressure Vessels (Safety) Regulations 2016
  • Supply of Machinery (Safety) Regulations 2008


5. Trade Descriptions and Hallmarking

  • Copyright, Designs and Patents Act 1988
  • Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002
  • Energy Conservation Act 1996
  • European Union (Withdrawal) Act 2018
  • Hallmarking Act 1973
  • Housing (Scotland) Act 2006
  • Intellectual Property Act 2014
  • Olympic Symbol etc. (Protection) Act 1995
  • Trade Descriptions Act 1968
  • Trade Marks Act 1994
  • Registered Designs Act 1949
  • Video Recording Acts 1984 and 2010


6. Quality Control, Food and Agriculture

  • Agriculture Act 1970
  • Animal By-Products (Enforcement) (Scotland) Regulations 2013
  • Animal Feed (Scotland) Regulations 2010
  • EC Fertilisers (Scotland) Regulations 2006
  • European Union (Withdrawal) Act 2018
  • Feed (Hygiene and Enforcement) (Scotland) Regulations 2005
  • Food and Environment Protection Act 1985
  • Genetically Modified Animal Feed (Scotland) Regulations 2004
  • Medicines Act 1968
  • Official Feed and Food Controls (Scotland) Regulations 2009
  • Trade in Animals and Related Products (Scotland) Regulations 2012


7. Quantity Control

  • European Union (Withdrawal) Act 2018
  • Measuring Container Bottles (EEC Requirements) Regulations 1977
  • Measuring Equipment (Capacity Measures and Testing Equipment) Regulations 1995
  • Measuring Instruments Regulations 2016
  • Measuring Instruments (EEC Requirements) Regulations 1988
  • Non-automatic Weighing Instruments Regulations 2016
  • Weights and Measures Act 1985
  • Weights and Measures (Packaged Goods) Regulations 2006


8. Animal Health (TS)

  • Animal Boarding Establishments Act 1963
  • Animal By-Products (Enforcement) (Scotland) Regulations 2013
  • Animal Health Act 1981
  • Animal Health and Welfare (Scotland) Act 2006
  • Animal Welfare (Licensing of Activities Involving Animals) (Scotland) Regulations 2021
  • Animals (Scotland) Act 1987
  • Anthrax Order 1991
  • Avian Influenza (Preventive Measures in Zoos) (Scotland) Regulations 2005
  • Avian Influenza (Preventive Measures) (Scotland) Order 2007
  • Avian Influenza and Influenza of Avian Origin in Mammals (Scotland) Order 2006
  • Avian Influenza (Slaughter and Vaccination) (Scotland) Regulations 2006
  • Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007
  • Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007
  • Breeding and Sale of Dogs (Welfare) Act 1999
  • Cattle Identification (Scotland) Regulations 2007
  • Dangerous Wild Animals Act 1976
  • Disease Control (Interim Measures) (Scotland) Order 2002
  • Diseases of Animals (Approved Disinfectants) (Scotland) Order 2008
  • Diseases of Poultry (Scotland) Order 2003
  • Diseases of Swine Regulations 2014
  • Equine Animal (Identification) (Scotland) Regulations 2019
  • Foot-and-Mouth Disease (Scotland) Order 2006
  • Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006
  • Horse Identification (Scotland) Regulations 2009
  • Importation of Animal Pathogens Order 1980
  • Importation of Animals Order 1977
  • Infectious Diseases of Horses Order 1987
  • Non-Commercial Movement of Pet Animals Order 2011
  • Pigs (Records, Identification and Movement) (Scotland) Order 2011
  • Rabies (Control) Order 1974
  • Rabies (Importation of Dogs, Cats and other Mammals) Order 1974
  • Riding Establishments Act 1964
  • Sheep and Goats (Records, Identification and Movement) (Scotland) Order 2009
  • Sheep Scab (Scotland) Order 2010
  • Trade in Animals and Related Products (Scotland) Regulations 2012
  • Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010
  • Transport of Animals (Cleansing and Disinfection) (Scotland) Regulations 2005
  • Tuberculosis (Scotland) Order 2007
  • Welfare of Animals at Markets Order 1990
  • Welfare of Animals (Transport) (Scotland) Regulations 2006
  • Welfare of Farmed Animals (Scotland) Regulations 2010
  • Welfare of Horses at Markets (and Other Places of Sale) Order 1990
  • Wildlife and Countryside Act 1981
  • Zoo Licensing Act 1981

 

9. Environmental Health

  • Air Quality Standards (Scotland) Regulations 2010
  • Air Quality (Scotland) Regulations 2000, as amended 2002 and 2016
  • Agriculture Act 1970
  • Antisocial Behaviour etc. (Scotland) Act 2004
  • Building (Scotland) Act 2003 
  • Caravan Sites and Control of Development Act 1960
  • Civic Government (Scotland) Act 1982
  • Clean Air Act 1993
  • Control of Pollution Act 1974
  • Control of Pollution (Amendment) Act 1989
  • Coronavirus Act 2020
  • Dog Fouling (Scotland) Act 2003
  • Environment Act 1995
  • Environmental Noise (Scotland) Regulations 2006
  • Health and Safety at Work etc. Act 1974
  • Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021
  • Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
  • Housing (Scotland) Act 1987
  • Housing (Scotland) Act 2006
  • Housing (Scotland) Act 2014
  • Licensing (Scotland) Act 2005
  • Local Government (Scotland) Act 1973
  • Noise and Statutory Nuisance Act 1993
  • Prevention of Damage by Pests Act 1949
  • Private Housing (Tenancies) Scotland Act 2014
  • Private Rented Housing (Scotland) Act 2011
  • Private Water Supplies (Scotland) Regulations 2006
  • Public Health etc. (Scotland) Act 2008
  • Refuse Disposal (Amenity) Act 1978
  • Reservoirs Act 1975
  • Reservoirs (Scotland) Act 2011
  • Sewerage (Scotland) Act 1968
  • Water (Scotland) Act 1980 (and Regulations made thereunder) The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017
  • Water Services etc. (Scotland) Act 2005

 

10. Environmental Protection

  • Civic Government Scotland Act 1982
  • Dog Fouling Scotland Act 2003
  • Environmental Protection Act 1990
  • Environmental Protection (Duty of Care) (Scotland) Regulations 2014
  • Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021
  • Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020
  • Refuse Disposal Amenity Act 1978
  • Road Traffic Act 1991
  • Road Traffic (Vehicle Emissions) (Fixed Penalty) Scotland Regulations 2003
  • Smoking, Health and Social Care Scotland Act 2005

 

10b. Environmental Protection

  • ​​​​​​​Public Health etc. (Scotland) Act 2008
  • Health Protection (Coronavirus) (Requirements) (Scotland) Regulations 2021
  • Health Protection (Coronavirus, Restrictions) (Directions by Local Authorities) (Scotland) Regulations 2020

 

11. Food Safety

  • Deer (Scotland) Act 1996
  • European Union (Withdrawal) Act 2018 (and relevant regulations made thereunder)
  • Food Safety Act 1990 (and Regulations made thereunder)
  • Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003
  • Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013
  • Food Hygiene (Scotland) Regulations 2006
  • Food Information (Scotland) Regulations 2014
  • Official Feed and Food Controls (Scotland) Regulations 2009
  • Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018
  • Trade in Animal Related Products (Scotland) Regulations 2012

 

12. Food Safety 

  • Service of Hygiene Emergency Prohibition Notices under Regulation 8 of the Food Hygiene (Scotland) Regulations 2006
  • Service of Emergency Prohibition Notices under Section 12 of the Food Safety Act 1990
  • Service of Remedial Action Notices and or Detention Notices under Regulation 9 of the Food Hygiene (Scotland) Regulations 2006

 

13. Health and Safety at Work etc. Act 1974

The officer is empowered to authorise any person to accompany him/her, if necessary on visits to premises for the purpose of carrying out his/her duties in terms of the Health and Safety at Work, etc. Act 1974.  This officer is also hereby authorised to exercise the power of an inspector specified in:-

(a) Sections 20, 21, 22 and 25 of the Health and Safety at Work etc. Act 1974;

​​​​​​​(b) Any health and safety regulations made under the above Act; and

(c) The provisions specified in the third column of Schedule 1 of the Act which and of the regulations, orders or other instruments of a legislative character made or having effect under any provision so specified. 

 

14. Animal Welfare 

  • Animal Health Act 1981
  • Animal Health and Welfare (Scotland) Act 2006
  • Civic Government (Scotland) Act 1982
  • Control of Dogs (Scotland) Act 2010
  • Dog Fouling (Scotland) Act 2003
  • Environmental Protection Act 1990
  • Local Government (Scotland) Act 1992
  • Microchipping of Dogs (Scotland) Regulations 2016
  • The Control of Dogs Order 1992

 

15. Pest Control

  • Prevention of Damage by Pests Act 1949
  • Public Health etc. (Scotland) Act 2008

Page last updated:
01 Sep 2021

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