DELEGATION OF POWERS TO OFFICERS

 

General

 

1.              Notwithstanding any specific Delegation of Powers to Officers resolved by the Council, a Committee or the Executive, 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 instances:-

 

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

 

b)            As a Senior Officer, they are responsible and accountable for producing and maintaining a Service Plan and the decision relates to a function or responsibility for a service identified within that plan.

 

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.

 

Limitations

 

3.            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

 

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

 

Further Provisions

 

5.            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.

 

6.            For the avoidance of doubt, where the Council, Cabinet or a Committee has settled a 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

 

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

unableto exercise theirdelegation, the Chief Executive, or a Strategic Director, 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 and Statutory Postholders

 

8.            The Following specific designations shall apply:-

 

(a)  Head of Paid Service – Chief Executive

(b)  Monitoring Officer – Assistant Director –  Governance

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

(d)  Returning Officer – Chief Executive

(e)  Electoral Registration Officer – Chief Executive