Delegated Authority to Strategic Directors

Delegated Authority to Strategic Directors

Place Directorate

Support Services

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Sub Delegation of Powers given to Corporate Director for Place

The City Council on 11 July 2017delegated certain powers to the Corporate Directors to make decisions and approve expenditure relating to the functions of their Directorate in respect of all matters which are not “key decisions” and not reserved for decision by the Council or by a Committee of the Council (as set out in 12.4Volume A of the Constitution).

Corporate Directorsare authorised to sub delegate those powers to other officers, with the details of the sub delegation being published on the Council’s website.

The attached schedule sets out the sub delegation of powers to other officers both within the Place Directorate and in some cases to officers in the other Directorates. These powers may only be exercised by the holders of the posts as specified.

In exercising their delegated authority, officers are reminded that if they have any doubt about the decision they are considering taking, in terms of their powers, or possibly because the decision may be contentious, politically sensitive or have implications for current policy, they should always seek guidance and support from a more senior officer before proceeding. Guidance should be sought from the Monitoring Officer (City Solicitor) andinvolve the views of the relevant Cabinet Member as appropriate.

In taking decisions under delegated powers, officers must ensure that they comply with the City Council’s policies and procedures.

There is also a requirement for decisions involving expenditure over £50,000 to be reported.

The Place Directorate Guidance Note on Recording and Reporting of Officers’ Decisions provides further guidance.

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Directorate Delegation & Constitution References / General Expenditure related Delegations to Corporate Director for Place – included under
Section 13 of the Constitution / Sub delegation of the powers given to
the Corporate Director for Place
PLACE1
13 a (i) / General service and expenditure decisions -
to make decisions and approve expenditure relating to the functions of the Place Directorate providing
1. that the sum expended is within the approved budget for the Directorate and /or relevant portfolio, and
2. the amount in relation to any single matter does not exceed £200,000 except –
in the case of procurement the maximum is£181,302
(above that, the Procurement Governance Arrangements apply and Place 3 & 4 delegations should be used.)
NB:
  1. Decisions involving expenditure over £50k must be recorded on the Directorate Officers Decisions proforma with a copy sent to Place Committee mailbox for monitoring reporting.
  2. Capital Expenditure:-
(a) Business Cases are required to support project budget allocation decisions – they can be incorporated within the decision form or a separate appendix.
(b) Virements or reallocation of capital budgets can only be approved by the Corporate Director – Finance/ Interim Chief Finance Officer .
3.Any Technical capital or revenue budget reallocations or adjustments can only be approved by the Corporate Director – Finance/ Interim Chief Finance Officer .
/ Up to £200,000
(Approval of expenditure over £75,000 is subject to prior consultation with the Corporate Director; or subsequent notification, for decisions taken in the absence of the Corporate Director:
Directors /Service Directors
Assistant Directors / Assistant Service Directors
Up to £50,000
Heads of Service and Senior Service Officers listed in Appendix 1
PLACE 1B
13 a (i) / To make decisions relating to the application for financial assistance to the City Council and the authorisation of any grant claims. / Service Director – Sport, Events, Open Space and Wellbeing
Assistant Director – Neighbourhoods and Communities
PLACE 2
(i)
13 a (i) (3)
PLACE 2(ii)
Cabinet decisions / Joint Cabinet Member and Chief Officer decisions -
to make decisions and approve expenditure relating to the functions of the Place Directorate, jointly with the relevant Cabinet Member(s), providing
  • that the sum expended is within the approved budget for the Directorate and /or relevant portfolio, and
  • the amount in relation to any single matter is between £200,000 and £500,000 (Revenue ) or between £200,000 and £1million (Capital)
  • and the function is not a “key decision” or a decision delegated to other Committees of the Council.
To take decisions specifically delegated by Cabinet to the relevant Cabinet Member(s) jointly with the Corporate Director including procurement matters.
NB. All decisions taken jointly with Cabinet Members must be recorded on the corporate report template and published on CMIS. / Corporate Director only and, in her absence,
Directors / Service Directors
Assistant Directors / Assistant Service Directors
Directors / Service Directors
Assistant Directors/ Assistant Service Directors
PLACE 3A
13 a (i) / Procurement -
to approve tender strategies and award contracts in accordance with the Procurement Governance Arrangements in Volume B of the Constitution where the supplies, materials, or services to be purchased or the works to be executed are between the European Threshold (currently £181,302) and £10,000,000 in value, over the contract length. / Corporate Director only and, in her absence, her deputising officer,
and in conjunction with the
Director – Commissioning and Procurement, City Solicitor and Corporate Director – Finance/Interim Chief Finance Officer (or their delegates)
NB. Delegated power for the approval of contract awards under the EU threshold is under PLACE 1, and is up to the financial limit for each postholder.
PLACE 3B
13 a (i) / to approve contract extensions where the option to extend exists in the original contract / Directors / Service Directors
Assistant Directors / Assistant Service Directors
And, if over the EU threshold,in conjunction with the Director – Commissioning and Procurement, City Solicitor and Corporate Director – Finance/Interim Chief Finance Officer(or their delegates).
PLACE 4A
13 a (i) / to submit reports to seek approval to commence Single or Multi Contractor Negotiations at the procurement strategy stage, or where there is a requirement for a change to an approved Procurement Strategy or where an unforeseen requirement occurs during the procurement process;or for contract extensions where no option to extend exists in the original contract; and
to award the contracts following the SCN or MCN process (where over the EU threshold) and
to award the contracts following the SCN or MCN process (where below the EU threshold). / Corporate Director only and, in her absence, her deputising officer,
-and in conjunction with the Director – Commissioning and Procurement or City Solicitor or Corporate Director – Finance/Interim Chief Finance Officer (or their delegates) if over the EU threshold;
-and in conjunction with the Director – Commissioning and Procurement if below the EU threshold.
-Corporate Director only and, in her absence, her deputising officer
and in conjunction with the Director – Commissioning and Procurement, City Solicitor and Corporate Director – Finance/Interim Chief Finance Officer (or their delegates) if over the EU threshold.
-Corporate Director
Directors / Service Directors
Assistant Directors / Assistant Service Directors.
PLACE
4B
13 a (iv) / to approve contract extensions, in accordance with the Procurement Governance Arrangements in Volume B of the Constitution, where the contract has already expired and no extension option in the original contract exists,and where a replacement contract has not been procured in time, and where no other viable alternative exists;
provided that the supplies, materials, or services to be purchased or the works to be executed do not exceed £500,000 and there is no additional service requirement compared to the original contract. / Corporate Director only and, in her absence, her deputising officer,
and in conjunction with the Director – Commissioning and Procurement, City Solicitor and Corporate Director – Finance/Interim Chief Finance Officer (or their delegates) as advised under the Procurement Governance Arrangements.
PLACE 5
13 a (i) / To submit bids to other local authorities and public bodies, in accordance with the Local Authorities (Goods and Service) Act 1970
provided that:-
(a)the estimated annual contract value does not exceed the Chief Officer limit, and
(b)where the annual contract value exceeds the European Threshold, as defined by the Council’s Standing Orders relating to Contracts, the Chief Officer shall have first consulted with the Assistant Director – Corporate Procurement, Assistant Director Finance and appropriate Cabinet Member(s). / up to £181,302–
Directors / Service Directors
Assistant Directors / Assistant Service Directors
PLACE 6a(i)
13 a (i) / External funding -
Subject to consultation with the Directorate Assistant Director – Finance:-
to submit bids for funding or other competitive bids to an external organisation (whether public private or voluntary), which assists and supports, facilitates, furthers or is conducive to the Council’s functions, strategic aims and objectives, up to £200,000
NB.Where the external funding is contributing to a larger project or scheme, a Project Definition Document must be approved by the appropriate Executive Decision maker (above £200k by a Cabinet Member jointly with Corporate Director or by Cabinet if over £500k Revenue / £1m Capital )
In addition any other associated revenue or capital resource implications will require approvals in accordance with the Financial Approvals Framework. / Up to the financial limits for each postholder indicated in PLACE 1 :-
Directors / Service Directors
Assistant Directors / Assistant Service Directors
Heads of Service and Senior Service Officers listed in Appendix 1 as appropriate
PLACE
6a (ii)
13 a (i)
or previous Executive decision / Subject to consultation with the Directorate Assistant Director – Finance, to negotiate and authorise the submission of bids for non mainstream grant funding.(where a previous authorisation by the Executive or appropriate Committee has been given ) / Directors / Service Directors
Assistant Directors / Assistant Service Directors
PLACE
6b (i)
PLACE
6b (ii)
13 a (i) / Subject to consultation with the Directorate Assistant Director – Finance:
To accept external funding up to £200,000, where a bid has been submitted in accordance with the requirements of Place 6a
and
To accept external funding over £200,000 where approval to bid and any associated Project Definition Document or other approvals have been obtained in accordance with the requirements of the financial approval framework; (ie by Joint Cabinet Member /Corporate Director, Cabinet or Regulatory Committee as appropriate.) / As above in Place 6 a (i) up to the financial limits for each postholder indicated in PLACE1.
Directors / Service Directors
Assistant Directors / Assistant Service Directors
and specific officers delegated by Cabinet, Cabinet Member or relevant Committee to accept specific funding.
PLACE6c
13 a (i) / Where there was no requirement to bid for funding
Subject to consultation with the Directorate Assistant Director – Finance:
to accept external funding, which assists and supports, facilitates, furthers or is conducive to the Councils functions, strategic aims and objectives, up to £200,000.
NB.The Corporate Financial Approvals Framework requires that where there is no requirement for a bid submission, the acceptance of external funding above the CorporateDirector delegated limits must be made by either a Joint Cabinet Member /Corporate Director,Cabinet or Regulatory Committee as appropriate. / As above in PLACE 6 a (i) up to the financial limits for each postholder indicated in PLACE1
and any officers,and up to the amount, specifically delegated by the Executive or relevant Committee
PLACE 6d
13 h / To approve and make payments in connection with the duties of the Council where it holds monies in the capacity of an “Accountable Body”. In all such cases where the Council is the Accountable Body, the Chief Executive or any Chief Officer has authority to make lawful payments in compliance with the terms under which the Council holds monies as the Accountable Body and in accordance with any requirements approved by the Council as Accontable body up to but not exceeding the total amount held under each agreement with the grant giver. / Directors / Service Directors
Assistant Directors / Assistant Service Directors
PLACE 7
13 a (i) / In accordance with such accounting procedures as are authorised from time to time under B3 of the Constitution and implemented in Voyager, and after consultation with Legal Services and the Directorate Assistant Director of Finance (or in his absence the Heads of City Finance), -
to settle and determine any compensation or other claims up to £25,000; / Directors / Service Directors
Assistant Directors / Assistant Service Directors
and in consultation with their Service Director / Director or Assistant
Director or Assistant Service Directors -
All Heads of Service (as set out in Appendix 1)and
City Centre Operations Manager
Events Commissioning Manager
2018 World Indoor Athletics Championships Director
Project and Client Managers – Strategic Sport
PLACE 8
13 a (v) / to write-off any individual debts of income (including any associated court costs and bailiffs fees), and after consultation with the Corporate Director – Finance / Interim Chief Finance Officer, up to the sum of £25,000 per individual or organisation which, in the opinion, of the Corporate Director - Place is considered to be uneconomical to collect and/or is irrecoverable; / Directors / Service Directors
Assistant Directors / Assistant Service Directors
and in consultation with their Directors Service Director or Assistant Director / Assistant Service Directors
All Heads of Service (as set out in Appendix 1),
City Centre Operations Manager
Events Commissioning Manager
2018 World Indoor Athletics Championships Director
Project and Client Managers – Strategic Sport
PLACE 9 / To administer and collect income in relation to the budgets for which the Corporate Director is responsible and in accordance with procedures and guidelines issued by the Corporate Director – Finance/Interim Chief Finance Officer and/or the Monitoring Officer, including: –
(a)
(b)
(c)
(d)
(e) / the preparation and issue of invoice demands and follow up notices;
the collection of interest and administration fees
any action required to recover debts outstanding including costs;
placing debt instructions with debt collection agencies and/or the Monitoring Officer;
the making of refunds where overpayments have been made; / All officers listed in Appendix 1 as appropriate
(f)
(g)
(h) / applying for Attachment of Earnings Orders;
the levying of Distress Warrants;
petitioning for a Bankruptcy or Winding-Up Order. / Directors / Service Directors
Assistant Directors / Assistant Service Directors

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Directorate Delegation & Constitution References / Other General Delegated Powers to the Corporate Director of Place relating to the functions of the Place Directorate under
Section 13 of the Constitution / Sub delegation of the powers given to
the Corporate Director for Place
PLACE
10 / To make appropriate planning, building regulations, listed building, conservation area and liquor licence applications; / Directors / Service Directors
Assistant Directors / Assistant Service Directors
Heads of Services as set out in Appendix 1
City Centre Operations Manager
Operations Manager Bull Ring Markets
Parks Services Manager
Events Commissioning Manager
2018 World Indoor Athletics Championships Director
Project and Client Managers – Strategic Sport
PLACE
11 / To instruct the CorporateDirector –Finance/ Interim Chief Finance Officer or the City Solicitor to:-
-commence or defend any legal proceedings brought by, against or for the Council;consider offers to settle proceedings; and
-conclude, sign, make, vary or seal any legal documents on behalf of the Council; / Directors / Service Directors
Service Director of Regulation and Enforcement
Assistant Directors / Assistant Service Directors
and as appropriate:
Heads of Services as set out in Appendix 1
Senior Service Manager – Safer Places
City Centre Operations Manager
Operations Manager Bull Ring Markets
Parks Services Manager
Events Commissioning Manager
2018 World Indoor Athletics Championships Director
Project and Client Managers – Strategic Sport
PLACE
12 (A) / To carry out any relevant consultation on behalf of the Council (including with the Police) and to issue any relevant certificates, notices or Orders with regard to Anti-Social Behaviour pursuant to the Crime and Disorder Act(s) and / or other relevant legislation; / Directors / Service Directors
Service Director of Regulation and Enforcement
Assistant Directors / Assistant Service Directors
Senior Service Manager – Safer Places
PLACE
12 (B) / Further to PLACE 12 (A), to exercise functions and carry out all duties and exercise responsibilities placed upon the Council under the provisions of the Anti Social Behaviour, Crime and Policing Act 2014, including the following: -
(a)To apply to the court for an Injunction under Section 1 of the Act;
(b)To apply to the court for a Criminal Behaviour Order under Section 22 of the Act;
(c)To issue a Community Protection Notice under Section 53(1b) of the Act;
(d)To make and serve Public spaces Protection Orders under Section 59 of the Act;
(e)To act as the Council’s Authorised Person in respect of powers under Sections 53 (1c) and 63 (1), (2) and (3) of the Act relating to the Community Protection Notice and Consumption of Alcohol in Breach of Public Spaces Protection Order respectively. / Service Director of Regulation and Enforcement
Service Director – Housing
Service Director – Sport, Events, Open Space & Wellbeing
Assistant Director – Neighbourhood and Communities
Senior Service Manager – Safer Places
Head of Environmental Health
Head of Trading Standards and Markets
Head of Licensing
PLACE 13 / Until permitted to do so by law, when duly authorised and certified by the Monitoring Officer, to sign relevant Regulation of Investigatory Powers Act 2000 forms in accordance with the relevant Corporate Policy and Document relating to the same; / Directors / Service Directors
Service Director of Regulation and Enforcement
Assistant Directors / Assistant Service Directors
Head of Environmental Health
Head of Trading Standards and Markets
Head of Licensing
Head of Performance and Support Services
(subject to officers having completed the required training)
PLACE 14 / Subject to there being no change in Council policy, to take any necessary action to implement or otherwise deal with any powers, offences and duties placed upon the Council under the Clean Neighbourhoods and Environment Act 2005; / Service Director – Regulation and Enforcement
Directors / Service Directors
Assistant Directors / Assistant Service Directors
Heads of Services and Senior Officers as set out in Appendix 1 –asappropriate
PLACE 15 / Where any mediation or other form of alternative dispute resolution process has been entered by the Council, to agree the terms of any mediation agreement or other form of agreement to conclude the process (subject to there being an approved budget provision where payment is to be made by the Council, and in accordance with any guidance issued by the Monitoring Officer); / Directors / Service Directors
Service Director – Regulation and Enforcement
Assistant Directors / Assistant Service Directors
Head of Resilience and Local Engineering
PLACE 16 / Where any proceedings are instituted (or are likely to be instituted) to which the Council is (or is likely to be) a party, to agree the terms of any sealed offer, Part 36 CPR offer, or Calderbank offer (subject to there being an approved budget where payment is to be made by the Council). / Directors / Service Directors
Assistant Directors / Assistant Service Directors
PLACE 17
13 a (ii) / Employment matters -
to determine employment matters relating to staff including
  • all changes to staffing structures below JNC level and
  • the annual implementation of the contractual pay increment system.
These powers will not include changes to terms and conditions of employment (the Birmingham Contract) or additional payments to any individual member of staff above the general financial threshold delegated to officers (£200k). / Directors / Service Directors
Assistant Directors / Assistant Service Directors
PLACE 18
13 g / Land and Property matters
To consider matters relating to any land or property allocated to the Department / Directorate, including (if appropriate, after consultation with the relevant Cabinet Member) the acquisition and disposal of freehold and leasehold interests (including granting and surrendering of any rights over land and property), declaring land or property to be surplus to requirements and including, where appropriate, appropriating the same to another Directorate for other purposes and requesting the Corporate Director – Economy to give approval to the matter under their delegated powers.
N.B. The delegated power for such decisions relating to land and property is with the Chief Executive and Corporate Director – Economy or Officers to whom they sub delegate these powers. This excludes land and property held by the Council as Trustee which is the responsibility of the Trusts and Charities Committee. / NB: The Place Directorate Officers powers are limited to giving approval in principle in so far as the service area is concerned, and not power to take the final decision
Directors / Service Directors
Assistant Directors / Assistant Service Directors
Heads of Service as set out in Appendix 1 as appropriate
Operations Manager Bull Ring Markets
Parks Services Manager
Project and Client Managers – Strategic Sport

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