DELEGATION OF POWERS TO OFFICERS

 

General

 

1.              Notwithstanding any specific Delegation of Powers to Officers held by the Monitoring Officer, Officers have the authority to make all day to day and operational decisions, (including taking any actions or decisions pursuant to any statutory powers), on Executive, Non-Executive and Regulatory functions that fall within their scope of responsibility. 

 

As this places a broad functional responsibility, this Delegation to Officers should be taken to assume powers, and duties, within all present and future legislation, and all powers incidental to that legislation.

 

2.            It is deemed that the power to take decisions falls within the scope of an Officer’s responsibility in any of following categories:

 

a)            They have been specifically delegated by Council,the Leader, Cabinet, a Committee or Sub-Committee to make a decision.

 

b)            They are authorised as a resultof a specific statutory requirement placed on the Council of an operational nature.

 

c)            They are carrying out statutory duties pursuant to being a statutory postholder.

 

d)            It is a function or responsibility within the Officer’s job description.

 

3.            This Scheme of Delegation is in addition to the previous Delegations already agreed by the Council and the Executive, which remain in force.

 

4.            The Chief Executive, Strategic Directors, Assistant Directors and Service Managers are authorised to make decisions and take actions as they deem necessary in the interests of the Council’s functions and services.

 

Limitations

 

5.            Officers may only exercisedelegated powers in accordance with:-

 

(a)          The Standing Orders and Financial Regulations of the Council; and

 

(b)          Approved policies, plans, strategies, schemes or directions, where they exist; of the Council, Cabinet or any Committee;

 

Sub-Delegation

 

6.            Administrative functions ancillary to the exercise of delegated powers are deemed to be carried out by any officer within the remit of the relevant service area.

 

Further Provisions

 

7.            It shall always be open to an Officernot to exercise their delegated powers but to refer the matter to the Council, Cabinet, or relevant Committee (as appropriate) for decision.

 

8.            For the avoidance of doubt, where the Council, Cabinet or a Committee has settleda policy, plan or budget for a matter, each Strategic Director, Assistant Director, Service Manager (or others that they shall direct), shall be empowered to deal with all such matters that are necessary to bring the policy, plan or budget into effect.

 

Delegation in the case of absenceor inability toact

 

9.             If any officer having delegated authority under the Scheme isabsent or otherwise

unableto exercise theirdelegation, the Chief Executive, a Strategic Director, Assistant Director or Service Manager are hereby authorised to make such decisions and initiate such actions as they deem necessary in the interests of the Council’s functions and services.

 

Specific Provisions

 

10.          The Following specific designations shall apply:-

 

(a)  Head of Paid Service – Chief Executive

(b)  Monitoring Officer – Strategic Director – Housing, Communities and Governance

(c)   Section 151 Officer – Strategic Director – Corporate Resources and Transformation

(d)  Returning Officer – Chief Executive