Common use of DISCHARGE OF FUNCTIONS Clause in Contracts

DISCHARGE OF FUNCTIONS. 2.1 In exercise of the powers contained in Section 19 of the 2000 Act and the 2000 Regulations, and subject to the terms and conditions of this Agreement, the Executive of the County Council hereby delegates to each Borough/District Council the obligation to perform the Functions within the Civil Enforcement Area and Special Enforcement Area of each Borough/District Council as more particularly set out in schedule 2. 2.2 The Functions are the exercise of all duties and powers of the County Council pursuant or incidental to the provisions of Schedule 8 of the 2004 Act and/or those provisions of the 1984 Act or the 2004 Act as are amended by the Designation Orders PROVIDED THAT the Functions shall not include any duties or powers of the County Council pursuant to section 77 of the 2004 Act as amended by the Designation Orders nor the functions of the street authority as defined under the New Roads and Street Works Act 1991. 2.3 Without prejudice to clause 2.2 above, it is agreed that the Functions include as a necessity 2.3.1, to the extent each Borough/District will participate under legislative requirements, 2.3.2 to 2.3.6 below. For the avoidance of doubt the County Council shall be responsible for decisions and the associated processes from Post Notice to Owner and formal representations for on street contraventions, 2.3.2, 2.3.3 and 2.3.5 below:- 2.3.1 issuing of Penalty Charge Notices in both the Civil Enforcement and Special Enforcement Areas on-street and off-street. All PCNs will be issued in the name of the Enforcement Authority in that Borough/District; for the avoidance of doubt Derbyshire County Council is the ‘enforcement authority’ for all on street contraventions; 2.3.1 dealing with the representations, correspondence, and appeals arising from issuing Penalty Charge Notices by liaison with and instructions to the CPU as required; 2.3.2 taking steps to recover payments due, including instructing registered or certificated bailiffs by liaison with and instructions to the CPU as required; 2.3.3 subject to clause 2.7, the exercise of the powers for immobilisation and the removal, recovery, storage and disposal of vehicles. The collection of charges in connection with the above activities will be by the CPU; 2.3.4 the registration of debts by liaison with and instructions to the CPU as required including the completion of any statutory declarations and other required paperwork; and 2.3.5 the issuing of suspensions and dispensations on a local basis by liaison with and instructions to the CPU as required. Nothing in this clause 2.3 shall prevent, in each circumstance, a Borough/District Council from using the services of the County Council or the Enforcement Contractor to perform some or all of the Functions notwithstanding that they shall remain responsible pursuant to the terms of this Agreement. 2.4 The County Council will maintain all Traffic Signs Lines and Pay and Display Machines that have been put in place by the County Council and that are required for the purposes related to the Functions for on street parking control within each particular Borough/District Council Area. 2.5 For the avoidance of doubt, a Borough/District Council shall be fully responsible for the provision and maintenance of all Traffic Signs Lines and Pay and Display Machines within off-street car parks operated or controlled by a Borough/District Council 2.6 Each Borough/District Council agrees and delegates that the CPU will on behalf of each Borough/District Council collect charges, including all Penalty Charges and additional Penalty Charges as defined in section 92 of the 2004 Act and all other matters set out in section 2 of the Policy issued for contraventions for on-street and off-street parking within the Civil Enforcement Areas and Special Enforcement Areas. This will not include the administration of residents’ parking schemes or the collection of charges for on street parking. 2.7 No Borough/District Council shall commence the exercise of powers under the 2004 Act for the immobilisation, removal, recovery, storage and disposal of vehicles in respect of the Functions until the County Council has given written consent for the use of those powers by the Borough/District Council in accordance with the Policy.