STANDING ORDERS Appendix F - Scheme of Delegation

Scheme of Delegation

Last Revision: 31 March 2021     1.           Definitions and interpretation   1.1        In this Scheme of Delegation: “Head of Paid Service” means the officer so designated for the purposes of section 4, Local Government and Housing Act, 1989, ordinarily the Chief Executive “Section 151 Officer” means the person with responsibility for the administration of the Council’s financial affairs in accordance with the corresponding statutory provisions (also known as the Chief Financial Officer) “Monitoring Officer” means the person appointed to discharge the functions of that role, including for the purposes of section 5, Local Government and Housing Act, 1989 “Chief Officer” means the Chief Executive, Section 151 Officer, Monitoring Officer, Director of Children’s Services, Director of Adult Social Services and Director of Public Health “Strategic Director” means an officer responsible for the delivery of a service area who reports directly to the Chief Executive “the Local Government Acts” means any and all legislation, whether primary or secondary, relating to functions for which the Council is responsible and shall be interpreted in the context of the functions under consideration   1.2    All references to enactments, orders, regulations or similar provisions in this Scheme of Delegation shall be deemed to include references to amendments, substitutions or re-enactments thereof.   1.3    Any reference to the Chairman of a committee includes a reference to the Vice-Chairman in that Chairman’s absence.   2.     Statutory Officer functions   2.1    The following statutory officers shall discharge such functions as are statutorily prescribed in relation to their respective roles from time to time, whether specifically attributed to their roles or within their roles according to the arrangements the Council has put in place for the discharge of functions: 2.1.1   Head of Paid Service 2.1.2   Chief Financial Officer 2.1.3   Monitoring Officer 2.1.4   Director of Children’s Services 2.1.5   Director of Adult Social Services 2.1.6   Returning Officer 2.1.7   Electoral Registration Officer   2.2    Such other statutory officers as the Council shall appoint or may be required to appoint shall discharge such functions as are statutorily prescribed in relation to their respective roles from time to time, whether specifically attributed to their roles or within their roles according to the arrangements the Council has put in place for the discharge of functions.   3.     Proper Officer functions   3.1    The Chief Executive shall be the Proper Officer for the purposes of: 3.1.1   access to information under the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985 and such other statutory provisions as may be relevant; 3.1.2   the receipt and determination of requests for dispensations under section 33 of the Localism Act, 2011; 3.1.3   matters within the remit of the Local Government Ombudsman; 3.1.4   the receipt of declarations of acceptance of office from elected and co-opted Members; 3.1.5   such other functions as fall to the Chief Executive under paragraph 3.4 of this Scheme which are not statutorily required to be discharged by another officer. 3.1.6   Registration   3.2    The Section 151 Officer shall be the Proper Officer functions of the Council relating to financial matters in the Local Government Acts.   3.3    The Council shall appoint such other Proper Officers as it is required to appoint and shall nominate the appropriate Chief Officers and Strategic Directors to discharge Proper Officer functions.   3.4    In the absence of statutory requirement or a specific designation Proper Officer functions shall be discharged by the Chief Executive or his nominee and such Proper Officer functions may be discharged by the Chief Executive or by the relevant Chief Officer or Strategic Director on behalf of the Chief Executive, whether or not the Chief Executive has made such nomination.   3.5    The Chief Executive will maintain a list of the Council’s Proper Officers.   4.     General Delegations to Chief Officers and Strategic Directors   4.1        Each Chief Officer and Strategic Director has delegated to them power to act on behalf of the Council in relation to any matters within the service areas for which they are responsible, including spending decisions, subject to the following overriding provision:   Any action by a Chief Officer or Strategic Director under delegated powers shall be in accordance with: a)             the overall policies approved by the Council or a committee; b)             Standing Orders; c)              Financial Regulations; d)             Contract Procedure Rules; e)             personnel policies and procedures; f)               approved capital and revenue budget estimates where expenditure or a reduction in income is involved; and g)             the requirements of the relevant legislation.   4.2    Without prejudice to these delegations, a Chief Officer or Strategic Director is expected to have regard to any resolution of the Council or committee on any matter of principle or policy relating to the power being exercised and shall, as appropriate: a)             maintain a close liaison with the appropriate Member; and/or b)             ensure that the appropriate Member(s) is/are consulted on, or advised of the exercise of delegated powers; and/or c)              ensure that the Monitoring Officerand Chief Financial Officer are consulted and advised of any decisions as necessary; and d)             ensure the Council’s Corporate Leadership Team is consulted and advised where appropriate in relation to cross service issues and where a Member consulted under paragraph 4.2 b) requests the matter shall be referred to the Council or appropriate Committee or Sub-Committee for decision.   4.3    Each Chief Officer and Strategic Director has delegated power:   4.3.1   In consultation with the Chief Executive and Monitoring to authorise the institution or defence or involvement in criminal or civil proceedings in relation to any enactment, statutory instrument or other regulatory provision for which they are responsible to the Council for monitoring, enforcing or otherwise implementing.   4.3.2   To write-off debts in accordance with the Financial Regulations in consultation with the Chief Executive and the Section 151 Officer.   4.3.3      To make bids for contracts in relation to services under their control, both internally and externally, provided that any significant impact on a business plan is drawn to the attention of Council or the appropriate Committee.   4.3.4      Subject to paragraph 4.2, each Chief Officer and Strategic Director may authorise staff to exercise such powers as may be required from time to time and as may be appropriate to the execution of their duties, including powers of entry, inspection and survey of land, buildings or other premises and to serve statutory notices to ascertain interests in land and may issue any necessary evidence or authority, as may be appropriate, in relation to the delegation of such powers.   4.4    Before exercising any delegated power, a Chief Officer or Strategic Director must consider whether the decision to be made is of such a nature that it ought to be referred for decision to the Council or a committee.   4.5    Any power conferred upon a Chief Officer or Strategic Director may be exercised by an officer authorised, generally or specifically for that purpose, either orally or in writing.   4.6    The Council or a committee, in relation to decision-making within their statutory or delegated authority, may at any time require a particular issue or any aspect of delegated powers within their terms of reference to be referred to it for decision unless the terms of the Council’s Standing Orders or other constitutional documents provide otherwise.   4.6.1The Monitoring Officer, in consultation with the Chairman or Vice Chairman of Scrutiny Committee, is authorised to determine any requests for a dispensation in between meetings of the Committee, where it is not reasonable to defer determination until the next meeting of the Committee   4.7    To facilitate the scrutiny of decisions made under delegated powers, any officer dealing with a matter under delegated powers shall keep and maintain an adequate record of the exercise of that power and shall provide to the Senior Officer: Democratic and Corporate copies of such documents as they or the Monitoring Officer shall determine.   4.8    In the absence of the Chief Executive the authority of the Chief Executive under this Scheme may be exercised by their nominee or the appropriate Chief Officer or Strategic Director.   4.9    In the absence of a Chief Officer other than the Chief Executive or a Strategic Director their authority under this Scheme may be exercised by their nominee, the Chief Executive or a Chief Officer or Strategic Director nominated by the Chief Executive.   NB: For the avoidance of doubt, the day-to-day management of services and related staff and resources is vested in Chief Officers and Strategic Directors in relation to functional areas for which they are responsible.   5.     Staff   5.1    Each Chief Officer and Strategic Director is delegated the power to act in relation to the appointment of staff within approved budgets, using approved grades and in accordance with the personnel policies and procedures of the Council.   5.2    Each Chief Officer and Strategic Director is delegated the power to act in relation to the dismissal of staff in accordance with the personnel policies and procedures of the Council and subject to consultation with the Chief Executive.   5.3    Each Chief Officer and Strategic Director is delegated the power to make variations in establishment using approved grades and to determine all other matters relating to the employment of staff, within approved budgets and in accordance with the personnel policies and procedures of the Council.   5.4    Each Chief Officer and Strategic Director is delegated the power to take all necessary action to ensure the health and safety of their staff.   6.     Property   6.1    Where either the capital payment proposed to be made or anticipated to be received does not exceed £100,000 or the annual rental (proposed or anticipated) does not exceed £100,000, and appropriate funding has already been provided for within the approved capital programme and (in the case of any sale) the Strategic Director with responsibility for property matters is satisfied that the proposed transaction is at full market value:   6.1.1   the said Strategic Director has delegated powers in consultation with any other appropriate Strategic Director and the Section 151 Officer to authorise and approve the acquisition by agreement of land, the taking of leases, licences, dedications and easements of or over any land (including buildings) whether by way of valuable consideration or exchange, the review of rents paid by the Council and the payment by the Council of dilapidations funds upon the termination of its occupations;   6.1.2   the said Strategic Director has delegated powers to declare land surplus to requirements subject to the provisions of any policies the Council has relevant to the disposal and acquisition of land;   6.1.3   the said Strategic Director has delegated powers in consultation with the Section 151 Officer to authorise and approve the disposal of land and granting, or variation in granting, of leases, licences, dedications of or over any land, the review of rents payable to the Council and the receipt of dilapidations funds due to the Council on the termination by occupiers of their use of the Council’s property;   6.1.4   for the avoidance of doubt the power to approve the sale of any property on less than the best terms reasonably obtainable is not delegated to any officer of the Council but shall be exercised by the Full Council in accordance with any Council policies relevant to the disposal and acquisition of land; and   6.1.5   the said Strategic Director or their nominee has delegated powers to sign contracts to give effect to decisions made relating to the acquisition or disposal of estates or interests in land.   6.2    The power to authorise the use of compulsory purchase powers is not delegated to any officer of the Council and shall only be exercised by the Full Council in accordance with any policy the Council has in place policy relating to the disposal and acquisition of land.

  7.     Legal and Procedural   The Chief Executive has delegated powers:   7.1    to serve statutory notices to ascertain interests in land;   7.2    in consultation with the Section 151 Officer and the Monitoring Officer, settle disputes that might lead to legal proceedings with a report provided to the Council on a six monthly basis summarising such actions taken pursuant to this delegation;   7.3    in consultation with the Section 151 Officer and the Monitoring Officer, institute, defend or settle legal proceedings (either in the name of the Council or an individual officer of the Council) at common law or under any enactment, statutory instrument, order or bylaw conferring functions upon the Council or in respect of functions undertaken by them and to lodge an appeal against any such decision.  For the avoidance of doubt, this authority shall extend to the taking of all procedural steps, including the service of notices, statutory or otherwise, counter notices, notices to quit and dispute resolutions;   7.4    authorise officers of the Council to prosecute or defend or appear in any legal proceedings by virtue of the provisions of Section 223 of the Local Government Act 1972 and Section 60 of the County Courts Act 1984;   7.5    affix the Common Seal to documents and to sign or seal all contracts and legal documents as set out in Standing Orders and any other relevant procedural rules of the Council; and   7.6    sign such orders and directions as the Council shall make.   8.     Planning and Regeneration   8.1    The Chief Planning Officer has the power to determine planning development management and enforcement matters, including sign off of decision notices and certificates of lawful development and matters relating to planning policy, including the preparation of the Local Plan and supplementary planning documents, for the avoidance of doubt, such determinations may be made by an officer authorised generally or specifically for that purpose, either orally or in writing. (C48/20)   8.2    The function of obtaining of information under section 330 of the Town and Country Planning Act 1990 shall be undertaken by such officer or officers as are giving effect to matters within the remit of Full Council.   8.3    Each Chief Officer and Strategic Director has delegated powers to make applications for planning permission in connection with schemes that have already been approved by the Council or a committee.

  9.     Financial   Authority in respect of financial matters is set out in the Financial Regulations.  The Section 151 Officer has delegated powers to exercise the Proper Officer functions of the Council relating to financial matters in the Local Government Acts.   10.    Contracts   Authority in respect of letting contacts is set out in the Council’s Contract Procedure Rules within the Financial Regulations.   11.    Action in Case of Emergency or Disaster   11.1  Where an emergency or disaster involving destruction of or danger to life or property occurs or there are reasonable grounds for believing such an emergency or disaster to be imminent and the Chief Executive is of the opinion that it is likely to affect all or part of the inhabitants of the Isles of Scilly, they have delegated to them all the Council’s powers under Section 138 of the Local Government Act 1972 to incur expenditure.  Before exercising this delegated power, the Chief Executive shall use their best endeavours if, in their opinion, time or circumstances permit, to consult the Chairman of the Council or, in their absence, the Vice Chairman of the Council unless they are also not available.  The Chief Executive shall, in any case, inform them of their actions as soon as practicable.  They shall also endeavour to inform the appropriate Members as soon as practicable on what, in their opinion, needs to be done immediately and what has already been done.   11.2  Where the delegated powers in paragraph 11.1 above are exercised, Contract Procedure Rules and Financial Regulations are deemed to be waived for that purpose.   11.3  The Chief Executive shall report to the Council any action taken under the powers delegated above as soon as practicable, including the extent to which it has been necessary to operate outside the Contract Procedure Rules and Financial Regulations.  Such report will include details of actions taken by others under the following provisions.   11.4  In the absence of the Chief Executive, their delegated authority above may be exercised by a Chief Officer or Strategic Director.  These officers shall report back to the Chief Executive as soon as possible and shall consult, or endeavour to do so, according to the circumstances, as set out in paragraph 11.1 above.   12.    General Indemnity   The Council has given a general indemnity to any officer in the purported discharge of any authority delegated to them for any action, costs, claim or liability incurred by them.   13.      St Mary’s Airport All non-commercial aviation fees and charges at the Airport are delegated to the Senior Manager: Services to Our Community, in consultation with the Chairman of Council and the Section 151 Officer. (C48/20)   14.      Transfer of water and sewerage to South West Water. Delegated authority is given to the Senior Manager: Strategic Development to sign the Transfer Agreement relating to water and sewerage on behalf of the Council for approval by the Secretary of State to allow South West Water to extend their licence to now cover the Isles of Scilly in accordance with the Water Industry Act 1991; and that arrangements relating to operational activity including equipment, vehicles, consumables, stock and staff are delegated to the Senior Manager: Strategic Development.     CHANGES MADE TO VERSION ON 1 APRIL 2021 (Changes made as a result of Council minutes C48/20 and C57/21)   ·         ‘SENIOR MANAGER’ ROLES CHANGED TO ‘STRATEGIC DIRECTOR’. ·         SENIOR MANAGER FOR SERVICES TO OUR COMMUNITY CHANGED TO STRATEGIC DIRECTOR FOR PEOPLE AND COMMUNITIES ·         SENIOR MANAGER FOR STRATEGIC DEVELOPMENT CHANGED TO STRATEGIC DIRECTOR FOR PLACE, ECONOMY AND ENVIRONMENT ·         SENIOR MANAGER FOR INFRASTRUCTURE AND PLANNING NOW DELETED. ·         ‘HEAD OF DEMOCRATIC SERVICES’ CHANGED TO ‘SENIOR OFFICER: CORPORATE AND DEMOCRATIC’. ·         PARA 3.1.6 – ADDED ‘REGISTRATION’ TO THE LIST OF PROPER OFFICER ROLES OF THE CHIEF EXECUTIVE.