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+--- Thread: Council contractors list and the IFA (/showthread.php?tid=1517)
Council contractors list and the IFA - oldgirl - 21st April 2009
Quote:quote:Originally posted by beamo
Earlier on BAJR forum it was suggested that we should try to create a system that takes the best elements from those that already exist elsewhere eg. Ireland. This is probably the right way forward, but it will not be easy to establish a system that is both fair and ensures best practice at all times. If I had a water-tight solution I would be happy to share it here - perhaps this is something that the contributors to BAJR forum could turn thier collective minds towards.
Beamo
Indeed, but don't forget to take a look at what the Validation Committee is actually doing. It may not be as bad as you think! And also bear in mind the fact that there is a wide range of people on that committee. It isn't all MIfAs, there are AIFAs and PIFAs who attend regularly, and there is a high percentage of people from the commercial parts of archaeology.
Council contractors list and the IFA - kevin wooldridge - 21st April 2009
Quote:quote:Originally posted by beamo
I actually think that we do need some form of accreditation in archaeology, just as IfA have been pushing for.
Unfortunately the debate on accreditation always gets drawn into the issue of how we can 'license' professional archaeologists whilst still allowing the participation of non-professionals.
I don't think that this is as difficult a problem as it might appear and in fact there is an historical precedent.
For many years the London and Middlesex Archaeological Society (LaMAS) acted both as an umbrella body for professional archaeologists (through the Museum of London) and for non professional 'community-based' archaeologists in a number of local societies within the Greater London area. Surely it isn't outside the realms of curatorial imagination to monitor archaeological work with the LaMAS model in mind. And my impression (backed up by LaMAS publications of both professional and non-professional work) is that the model worked very well..
With peace and consolation hath dismist, And calm of mind all passion spent...
Council contractors list and the IFA - Steven - 21st April 2009
Quote:quote:Originally posted by drpeterwardle
Steven said,
"elected members of a council formulate and agree a policy stating that archaeiology in the planning process can only be carried out by members of the IFA then that has a legal basis and the council can enforce it."
This isnt quite correct. The elected members of an LPA can formulate a policy requiring membership of the IFA but they cant enforce it straight away. Such policy would have to be a formal planning policy which was part of a Local Plan. The proposed plans is scrutinised in public and a planning inspector makes the final decision. The policy also has to be in accordance with national guidelines.
In the absence of a licensing system clarification of who is qualified to undertake archaeological fieldwork and/or building recording could be useful in such documents.
Peter
Hi Chaps
Councils are not governed by PPG16, they have powers under the Local Government Act which means they can, if they wish, require whatever they want to ensure social and Environmental well-being. It is more likely that if a council did decide to restrict practices to membership of a recognised organisation it would be through a policy or strategy related to this, not through the Local plan Process.
Don't get caught up in thinking archaeology is all about planning, its not, its a cultural and environmental matter and so PPG16 is just the mechanism not the issue!
Troll
PPG16 clearly states that it is "desirable" to preserve an archaeological site in its setting. It then goes on to discuss the significance of remains and that there should be a presumption or preservation in-situ of "nationaly impoprtant archaeological remains". Then it clearly says that LPAs may well decide that remains of "lesser importance" should be excavated.
Most sites within the planning process fall within the local or regional significance range so excavation is pretty clearly the correct PPG16 response.
Steven
Council contractors list and the IFA - peteraf - 21st April 2009
Er no Steven see s3 (1) Local Government Act 2000
2000 CHAPTER 22
Council contractors list and the IFA - kevin wooldridge - 21st April 2009
Peteraf is right. The Local Government Act 2000 does not allow councils to do anything other than what they are legally permitted to do. (Basically they have no discretion outside their legally determined function...)
With peace and consolation hath dismist, And calm of mind all passion spent...
Council contractors list and the IFA - Steven - 21st April 2009
Quote:quote:Originally posted by peteraf
Er no Steven see s3 (1) Local Government Act 2000
2000 CHAPTER 22
Hi Chap
Which part of that section refutes what I said?
Steven
Council contractors list and the IFA - peteraf - 21st April 2009
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PART I
Page 2 of 16
Previous Next
First page 1 2 3 4 5 6 7 8 9 10 11 12 Last page
Part I Promotion of economic, social or environmental well-being etc
Interpretation
1 Meaning of ?local authority? in Part I
In this Part ?local authority? means?
(a) in relation to England?
(i) a county council,
(ii) a district council,
(iii) a London borough council,
(iv) the Common Council of the City of London in its capacity as a local authority,
(v) the Council of the Isles of Scilly,
(b) in relation to Wales, a county council or a county borough council.
Promotion of well-being
2 Promotion of well-being
(1) Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects?
(a) the promotion or improvement of the economic well-being of their area,
(b) the promotion or improvement of the social well-being of their area, and
© the promotion or improvement of the environmental well-being of their area.
(2) The power under subsection (1) may be exercised in relation to or for the benefit of?
(a) the whole or any part of a local authority?s area, or
(b) all or any persons resident or present in a local authority?s area.
(3) In determining whether or how to exercise the power under subsection (1), a local authority must have regard to their strategy under section 4.
(4) The power under subsection (1) includes power for a local authority to?
(a) incur expenditure,
(b) give financial assistance to any person,
© enter into arrangements or agreements with any person,
(d) co-operate with, or facilitate or co-ordinate the activities of, any person,
(e) exercise on behalf of any person any functions of that person, and
(f) provide staff, goods, services or accommodation to any person.
(5) The power under subsection (1) includes power for a local authority to do anything in relation to, or for the benefit of, any person or area situated outside their area if they consider that it is likely to achieve any one or more of the objects in that subsection.
(6) Nothing in subsection (4) or (5) affects the generality of the power under subsection (1).
3 Limits on power to promote well-being
(1) The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
(2) The power under section 2(1) does not enable a local authority to raise money (whether by precepts, borrowing or otherwise).
(3) The Secretary of State may by order make provision preventing local authorities from doing, by virtue of section 2(1), anything which is specified, or is of a description specified, in the order.
(4) Before making an order under subsection (3), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(5) Before exercising the power under section 2(1), a local authority must have regard to any guidance for the time being issued by the Secretary of State about the exercise of that power.
(6) Before issuing any guidance under subsection (5), the Secretary of State must consult such representatives of local government and such other persons (if any) as he considers appropriate.
(7) In its application to Wales, this section has effect as if for any reference to the Secretary of State there were substituted a reference to the National Assembly for Wales.
(:face-thinks: In this section ?enactment? includes an enactment comprised in subordinate legislation (within the meaning of the [1978 c. 30.] Interpretation Act 197:face-thinks:.
Council contractors list and the IFA - peteraf - 21st April 2009
sorry didnt mean to do that
Council contractors list and the IFA - peteraf - 21st April 2009
(1) The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made).
For this they would have to comply with all other legislation (conflict)
Council contractors list and the IFA - kevin wooldridge - 21st April 2009
That was the point I made Peter.
The powers under the 2000 Act do not allow a council to do anything other than what they are legally allowed to do. The section of the Act that states 'Every local authority are to have power to do anything which they consider is likely to achieve any one or more of the following objects?' can only read as qualified by the statement 'The power under section 2(1) does not enable a local authority to do anything which they are unable to do by virtue of any prohibition, restriction or limitation on their powers which is contained in any enactment (whenever passed or made)'
So it's not a conflict or even a contradiction. It's a qualified statement. You can do anything that local government legislation legally allows you to do
With peace and consolation hath dismist, And calm of mind all passion spent...