Winchester Vacancies

Union claims review of statutory duties could have dire consequences

The UK’s largest union has warned of dire consequences if the government presses ahead with its review of the statutory duties imposed on local government.

Unison claimed that “rubbish could litter our streets, bodies could pile up, vulnerable children could be left without care, strip clubs could be set up on any corner, and mouldy chops could stack up on our shelves” if duties are axed.

Calling on the government to consign its consultation “to the scrapheap”, Heather Wakefield, UNISON Head of Local Government, said: “If the Tories press ahead with their race to scrap the so-called ‘red tape’, they could see bodies pile up on the street, as nobody has responsibility for mortuaries. We could see gas safety fall and recycling schemes dry up. Unregulated taxis could prowl the streets and strip clubs set up on any corner.

“Eric Pickles only needs to scratch the surface to find out that these duties protect our communities, making them safer and better places to live.”

The union produced a list – a so-called “crazy cuts rundown” – of legislation and regulations that it claimed could be under threat:

  • Gas Appliances (Safety) Regulations 1995 (SI 1995/1629) under which local authorities are responsible for keeping gas safe
  • Fire and Rescue Service Act 2004 Section 7, which makes provision for the purpose of extinguishing fires and protecting life and property
  • Fire and Rescue Service Act 2004 Section 8, which makes provision for the purpose of rescuing people in the event of road traffic accidents
  • Fire and Rescue Services (Emergencies) (England) (Order) 2007 (SI 2007/735) made under s. 9 FRSA 2004. This makes provision for chemical, biological, radiological or nuclear emergency and urban search and rescue
  • Public Libraries and Museums Act 1964 Section 7, which sets out local authorities’ duty to provide a library service
  • Gambling Act 2005 Section 159 under which councils have to licence premises for gambling activities
  • Licensing Act 2003 Section 18, which requires local authorities to have a system for regulating premises licenses, including issuing licenses
  • Zoo Licensing Act 1981 under which councils have to ensure zoos are safe for the public to visit and have a high standard of welfare for animals
  • Environmental Protection Act 1990, Section 45 A under which councils have to arrange for the collection of recyclable materials
  • Environmental Protection Act 1990, Section 89, which requires councils to keep land and highways clear of litter
  • Food Labelling Regulations 1996 (S.I. 1996/1499), which provide for accurate food labelling and ensuring that out of date food is not being sold
  • Public Health Act 1936 under which councils have to provide mortuaries
  • Children Act 1989 Section 33 under which councils are required to take vulnerable children into care and look after them
  • Local Government (Misc. Provisions) Act 1976 Section 54 under which councils licence taxi drivers
  • Highways Act 1980 Section 41(1A), which makes local authorities responsible for dealing with snow and ice
  • New Roads and Street Works Act 1991 Section 81, which means councils have to tell other bodies when they (or a utility company) are digging up the road
  • Crime and Disorder Act 1998 (as amended) Section 5 (1), which makes local authorities one of the authorities responsible for formulating and implementing strategies to tackle crime and disorder
  • Domestic Violence, Crime and Victims Act (2004) Section 9, which requires local authorities to participate in domestic homicide reviews with a view to improving policies and practice and preventing further violence and homicide
  • Juries Act 1974 Section 3, which requires electoral registration officers to provide the Lord Chancellor with copies of the electoral register from which potential jurors can be summoned
  • Crime and Disorder Act 1989 Section 39 (5), which establishes the multi-agency, multi-disciplinary ethos behind the Youth Offending Teams
  • Criminal Justice Act 2003 Section 325, which requires agencies to work together to manage the risks posed by offenders following their release from custody
  • Freedom of Information Act 2000 under which councils have to disclose information to the public on request.

The Department of Communities and Local Government revealed in March that it had identified 1,294 statutory duties as part of its review. It said that "while some duties remain vital, others may no longer be needed or may create unnecessary burdens or restrictions on local authorities".