(8)Scheme of Delegations to officers – general provisions and authorisations

The Local Authorities (Functions and Responsibilities)(England) Regulations 2000, as amended divides the Council’s legal powers and duties into Council functions and Executive functions. This scheme only concerns decision-making in relation to Council functions, as defined by the Regulations.

The purpose of this document is to create a scheme of delegation for Council decision-making. Where a particular delegation is one that could be exercised in relation to either a Council function or an Executive function, some of those delegations appear both in this document and in Part 3n. However, if such a delegation is absent from this document, but it appears in Part 3n, the delegation shall be read as applying to both Council and Executive functions.

Pursuant to Section 101 of the Local Government Act 1972the Councildelegates to each officer (defined below) full powers to act in all matters within their area of responsibility.

This delegation to Executive Directors and Heads of Service includes:

  • All day to day management and operational decisions;
  • The power to demand, collect, adjust, remit or recover any payments, fees or penalties due to the Council;
  • The power to make grants to Outside Bodies within their service area;
  • Making any determination, publishing or transmitting documents, serving Notices or making Orders or authorising the making of Orders;
  • Taking action under statutory provisions relevant to their areas of responsibility including powers of enforcement and any necessary powers of entry;
  • The power to authorise the exercise of their delegated powers by such other officers or contractors as may be deemed appropriate and a record of these further delegations shall be maintained by each service area;
  • The authority to designate “proper” officers under statutory powers;
  • The power to authorise particular officers to attend in court and to authorise officers to prosecute, defend or appear on behalf of the Council;
  • The power to amend, as necessary any fees or charges on a full cost recovery basis if the existing fee is not appropriate and not set by statute, after consultation with the Finance and Physical Resources Portfolio Holder;
  • To represent the Council on outside bodies and partnerships as appropriate within their service area responsibilities;
  • The power to agree financial contributions or works in mitigation of the impact of planning permissions and to monitor and administer those contributions or works;
  • To exercise all powers in relation to contracts and procurement.1

This delegation is subject to specific exclusions or limitations in this Section of the Constitution including:

  • The obligation to ensure that all delegated powers are exercised within the approved revenue and capital budgets (subject to any discretion permitted by the Financial Procedure Rules);
  • Any acceptance of quotations and tenders must comply with the Contract Procedure Rules;
  • Any exercise of delegated powers shall have regard to any report by the Head of Paid Service, the Monitoring Officer or the officer designated under Section 151 of the Local Government Act 1972;
  • Any exercise of delegated powers shall comply with statutory restrictions, all policies and procedures approved by Council or The Cabinet, Contract Standing Orders and Financial Procedure Rules and the Council’s Code of Conduct and adopted protocols;
  • Any exercise of delegated power shall only take place following appropriate consultation which means that legal, finance and HR advice must be sought if appropriate and local Ward Member(s) (and the relevant Portfolio Holder) consulted if the matter specifically affects their Ward or is politically sensitive or contentious;
  • The obligation to ensure decisions are recorded appropriately.

Delegations outside the Council

Under Section 101 of the Local Government Act 1972 the Council may authorise an officer of the authority to commission and monitor work for and on behalf of the Council by people who are not officers of the authority and such people will be bound by this scheme and the obligations contained in it when acting on behalf of the Council.

Legislation

All references to legislation throughout thisdocument areConstitution isdeemed to mean the current legislation in forceto includewithall subsequent amendments and regulations made under such legislation.

Transfer of Functions

Where the name of a post changes or functions are reallocated delegated powers are retained by the renamed post or transferred to a different post as determined by the Head of Paid Service who shall determine the matter whenever there is any doubt as to where responsibility lies.

Vacancy or inability to act

If a post is vacant or the post-holder is unable to act an Executive Director may designate another officer to act in their place.

Emergency Action

If the authority needs to take any emergency action for the safety of the public or the protection of property an Executive Director may authorise any action taken or expenditure incurred as necessary. This delegation includes the power to take a decision and spend money that would normally be the responsibility of The Cabinet or individual Cabinet member where the decision has to be taken immediately in response to an emergency as defined in the Emergency Plan.

All such action shall be reported to the relevant Committee, The Cabinet or Council at the earliest opportunity.

If an Executive Director is unwell or unable to act for whatever reason including where there is no Executive Director in post then any Head of Service may act. An Executive Director or Head of Service may delegate responsibility to another nominated officer if appropriate.

Delegations to Particular Officers

The Officers referred to throughout this section are set out below with their areas of responsibility which include, but are not limited to, the responsibilities listed.

Executive Director (Head of Paid Service)

  1. To exercise all powers relating to staff as delegated by the Employment and Appointments Committee including dismissals, early retirements, grading appeals and selection for redundancy save for Heads of Service;
  1. In consultation with the Section 151 Officer and the appropriate Head of Service to implement all termination of employment on the grounds of redundancy, subject to the Employment and Appointments Committee being advised accordingly;
  1. To approve early retirements of staff, after consultation with the Chairman of Employment and Appointments Committee provided the pay-back period is two years or less;
  1. To deal on behalf of the Council with all relevant joint negotiating bodies;
  1. In consultation with the Joint Consultation and Negotiating Group to determine dates of closure of Council offices in respect of Christmas and Bank Holidays;
  1. To respond to consultation from neighbouring authorities on strategic development proposals and statutory and non-statutory plans and strategies;
  1. The power to issue authorisations under the Regulation of Investigatory Powers Act 2000 (RIPA) having regard to any advice from the Senior Responsible Officer under the Council’s RIPA Policy;
  1. Within the parameters agreed by Council and The Cabinet to implement and monitor the policy framework of the Council;
  1. To review organisational structures where the changes do not involve compulsory redundancies that have the agreement of existing staff and/or where any such changes do not require additional budget, which do not require approval of The Cabinet and/or the Council;
  1. To exercise all powers relating to staff, including but not limited to changes to the permanent staffing establishment where the changes fall within the Budget Framework, appointments, dismissals, early retirements, grading and grading appeals and selection for redundancy, save for Heads of Service;
  1. In consultation with the Section 151 Officer and the appropriate Head of Service to implement all termination of employment on the grounds of redundancy, subject to the Employment and Appointments Committee being advised accordingly;
  1. To approve early retirements of staff, after consultation with the Chairman of Employment and Appointments Committee provided the pay-back period is two years or less;
  1. To deal on behalf of the Council with all relevant joint negotiating bodies;
  1. To consider and make recommendations to the Council in respect of changes to conditions of service of staff with financial implications that fall outside the approved budget framework of the Council;
  1. In the event of a staff appointment where the recruiting manager recommends appointment above the bottom point of the grade the Head of Paid Service shall be authorised to determine that subject to compliance with any relevant HR procedures;
  1. To approve expenditure up to £1,000 from the Civic Hospitality Budget, in consultation with the Chief Finance Officer for expenditure over £1,000;
  1. To promote international cooperation and friendship within adopted guidelines, including the approval of expenditure from the budget up to a limit of £1,0003;
  1. To agree to a further payment to staff of temporary lodging costs in addition to the nationally agreed 13 weeks, up to a maximum of £5,000 to allow flexibility when an employee has been unable to find suitable accommodation3.

Executive Director(Section 151 Officer) and/or Chief Finance Officer

  1. To exercise all powers and take responsibility under Section 151 of the Local Government Act 1972;
  1. To take all necessary action under Section 114 of the Local Government Finance Act 1988 in consultation with the Head of Paid Service and the Monitoring Officer;
  1. Within the parameters agreed by Council and The Cabinet to implement and monitor the budget and policy framework of the Council;
  1. Operational responsibility for the Members’ Allowances scheme;
  1. To exercise all powers relating to exchequer, banking operations, treasury management, grant claims by the Council, write-offs, negotiating and maintaining insurance and reviewing and updating the Council’s Risk Management Strategy and maintaining the Anti-Fraud and Corruption Policy;
  1. To maintain an effective system of internal audit in compliance with current legislation;
  1. The power to issue authorisations under the Regulation of Investigatory Powers Act 2000 (RIPA) having regard to any advice from the Senior Responsible Officer under the Council’s RIPA Policy;

Head of Governance and Democracy and Monitoring Officer

To exercise all necessary powers in the following:

  1. To institute and defend any legal proceedings in the name of the Council including all steps necessary to pursue or defend such proceedings;
  1. To settle any claims or proceedings;
  1. To instruct Counsel or seek other external legal advisers within budget;
  1. To exercise all powers in relation to the Members’ Code of Conduct;
  1. To exercise all powers in relation to the Data Protection Act 19982, the Freedom of Information Act 2000, the Environmental Information Regulations 2004 and all information–related issues including transparency. This includes responsibility for theto undertakeinternal reviewsprocesswhere a request for information has been made and the person making the request is unhappy with the Council’s initial response;
  1. To sign certificates by the Council under the Local Government (Contracts) Act 1997 in consultation with the Section 151 Officer;
  1. To certify resolutions and documents as being true copies;
  1. To sign on behalf of the Council any deed or other document authorised by the Council or which is necessary or desirable to give effect to any decision of Council unless legislation requires otherwise or Council has authorised another person for some specific purpose;
  1. The power to make any administrative changes to the constitution required to ensure the constitution remains effective and up to date;
  1. To appoint substitute members to an Investigation and Disciplinary Panel and an Appeals Panel established by the Employment and Appointments Committee on instructions from the relevant Group Leader as necessary (or in a case where the Monitoring Officer has a conflict of interest, a Deputy Monitoring Officer shall have authority to exercise these powers);
  1. To convene an Independent Panel and appoint independent persons to the Panel in the event that the Investigation and Disciplinary Panel recommend the dismissal of a Statutory Officer to full Council (or in a case where the Monitoring Officer has a conflict of interest, a Deputy Monitoring Officer shall have authority to exercise these powers);
  1. To receive and determine written requests for dispensations to participate and vote at Council meetings under Section 33 of the Localism Act 2011;
  1. To undertake community governance reviews and the necessary consultation with a view to making recommendations and subsequently publishing the outcome of the review;
  1. To exercise the Council’s powers in relation to the activities in this section: residential and holiday caravan sites, public entertainment licences, amusements with prizes, charitable collections, cinema and theatre licences, lotteries and amusements, pleasure boat licences, street trading, hackney carriages, omnibus and private hire licensing, and all other licensable activities;
  1. To issue consents, licences, permits, registrations or certificates with appropriate conditions and to exercise rights of entry, pursue enforcement powers and institute legal proceedings where appropriate in respect of all legislation affecting this service area save that where there are applications or appeals where a valid objection(s) or representation is made and not withdrawn the matter shall be referred to the Regulatory Committee;
  1. To determine whether a complaint or representation under the Licensing Act 2003 or the Gambling Act 2005 is irrelevant, frivolous or vexatious;
  1. The licensing of Hackney Carriages and drivers, private hire vehiclesand drivers, operators and drivers subject to the applicant’s right of appeal.

Head of ICT and Revenues

To exercise all necessary powers in the following areas:

  1. ICT and Geographical Information Systems;
  1. Housing Benefits, Council Tax (including Local Council Tax Reduction Scheme), National Non Domestic Rates.
  1. Management responsibility for revenue grants to individuals and organisations, including the award of grants up to a maximum of £400, in accordance with the guidelines laid down from time to time by The Cabinet3.

Head of Planning and Housing

To exercise all necessary powers in the following areas:

General

  1. To issue consents, permits, registrations or certificates with appropriate conditions and to exercise rights of entry, pursue enforcement powers and institute legal proceedings where appropriate in respect of all legislation affecting this service area save that where there are applications or appeals where a valid objection(s) or representation is made and not withdrawn the matter shall be referred to the Planning Committee;
  1. To exercise all powers in relation to Housing (excluding policy).

Planning

Planning including development control, built environment, heritage, tree and landscape, and enforcement matters to include the following:

  1. To exercise all powers and duties relating to enforcement of planning control in relation to planning contravention notices, Section 330 Notices, Section 16 Notices, Section 215 Notices, Completion Notices, Breach of Condition Notices, Temporary Stop Notices, Stop Notices, Planning Enforcement Orders, Removal Notices (under section 225A of the 1990 Act) and to issue Enforcement Notices and Listed Building Enforcement Notices where a retrospective application has been refused;
  1. To institute legal proceedings for the unlawful display of advertisements, unlawful works to listed buildings or for demolition in a Conservation Area, or any lopping, topping or felling of a tree or trees subject to a Tree Preservation Order or to any trees in a Conservation Area and removal of hedgerows in breach of the Hedgerow Regulations 1997;
  1. To institute legal proceedings under the Town and Country Planning Acts for non- compliance with planning contravention notices, Section 330 notices, Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 notices, enforcement notices, breach of condition notices, listed building enforcement notices, stop notices, temporary stop notices, completion notices, section 215 notices and Injunction Orders;
  1. To take appropriate action where a breach of planning control has taken place, or to protect the amenity of the area, land or building, after consultation with Ward Member(s) except where the officers and Ward Member(s) do not agree;
  1. To present the Council’s case in planning enforcement appeals in consultation with the Head of Governance and Democracy;
  1. To issue an Urgent Works Notice under Section 54 of the Listed Buildings Act;
  1. To issue a Discontinuance Notice under the Control of Advertisement Regulations;
  1. To take appropriate enforcement or legal action where a breach of planning control is apprehended after consultation with Ward Member(s) except where the officers and Ward Member(s) do not agree. Where the Ward Member(s) is not available consultation shall be with the Chairman or Vice-Chairman of the Regulatory Committee;
  1. To close an enforcement case where there is a breach of planning control but it is not considered expedient to take any formal action, subject to agreement from the relevant Ward Member(s);
  1. To decline to determine a retrospective planning application in accordance with Section 70 of the Town and Country Planning Act (as amended by the Localism Act 2011);
  1. To issue a decision notice in respect of all valid planning applications and to require an applicant to enter into a planning agreement, obligation or similar agreement including (if applicable) the Community Infrastructure Levy with the Council, County Council or other statutory undertaker. The Head of Service is permitted to agree any subsequent amendments subject to consultation with the Ward Member and the agreement of the Chairman of the relevant Planning Committee, in appropriate circumstances;
  1. Determination of applications for Lawful Development Certificates in respect of existing or proposed use or Development, Certificates of Lawful Proposed Works to listed buildings or Certificates of Appropriate Alternative Development;
  1. To instruct the Head of Governance and Democracy to make and serve a Building Preservation Notice in accordance with Section 3 of the Planning (Listed Buildings and Conservation Areas) Act 1990 such action to be reported in detail to the first available Regulatory Committee;
  1. To deal with non-material amendments to approved plans and the discharge of conditions;
  1. To determine the type of planning appeal and amend the Council’s case before or during the course of such planning appeals subject to consultation with the appropriate Ward Member(s), the Chairman of the relevant Planning Committee, the Leader of the Council and the Portfolio Holder for Planning and Administrative Services;
  1. To respond to County Council planning applications;
  1. To respond to notifications of ecclesiastical exemptions from Listed Building and Conservation Area control;
  1. To issue screening and scoping opinions under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and to undertake appropriate consultations and notifications.
  1. To determine all matters under Town and Country planning legislation save that delegated powers will not be exercised if the application is for a substantial development proposal, save where the officer proposes to refuse planning permission and the relevant Ward Member(s) and Parish/Town Council have expressed agreement in writing to that proposal and the reasons for the proposed refusal. The term “substantial development proposal” shall mean:

19.1Residential development where the scheme involves 10 or more dwellings (net increase over existing or permitted) or where outline application relates to a site of 0.5 hectares or more;