1.0     DELEGATION TO THE CHIEF EXECUTIVE AND DIRECTORS

 

          The Chief Executive and Directors to be able to undertake any of the Delegated Powers granted to Heads of Business Units.

 

2.0     DELEGATION TO ALL HEADS OF BUSINESS UNITS

 

2.1     All Heads of Business Units to be able to delegate such of the powers set out in the schemes of delegation to other appropriate officers as is required for that officer to effectively and efficiently carry out his/her duties.

 

2.2     All Heads of Business Units to be able to approve the attendance of Officers at conferences within the limits of the estimates of their respective service areas, subject to the action taken being reported to the appropriate Cabinet Member.

 

2.3    Authority to take all operational decisions for the delivery of services for which they are managerially responsible within approved business plans (including budgets) and all other approved plans, policies and strategies that together make up the Council’s Planning and Policy Framework

 

         and subject to the following exclusions:-

 

(a)           Approval of Business/Service Plans (including budgets) and all other plans, policies and strategies that together make up the Council’s Planning and Policy Framework

 

(b)          Approval of local/corporate service objectives, priorities, targets and standards

 

(c)           Setting or changing any policy within the Council’s Planning and Policy Framework

 

(d)          Decisions not in accordance with the budget and the Council’s Planning and

                   Policy framework

 

(e)           Key Decisions as defined in Article 13 of the Council’s Constitution.

 

(NOTE: Issues that have already been agreed by the Council for inclusion in the Scheme of Delegation e.g. approved Business Plans, are not expected to be referred for consideration as key decisions)

 

(f)            Service reductions and developments (but not applying to in-year management decisions).

 

(g)           Setting of budgets

 

(h)           Decisions on permanent budget savings

 

which remain the responsibility of Council/the Cabinet/individual Cabinet Members/Corporate Management Team as appropriate.

 

(NOTE: This delegation must be read in conjunction with section 3 (Scheme of Delegation to Officers) of Schedule 4 of the Council’s Constitution and the detailed delegations set out in the following pages.)

 

 

2.4    Approval to manage their staffing establishment, in consultation with the Head of Resources and strictly in accordance with overall Council policy, specific central personnel policies and the budgets set out in annual Business Plans. This authority to include the appointment of staff where the post(s) will be self financing.

 

(NOTE: This delegation must be read in conjunction with the detailed delegations set out in the Personnel section at page 133 below.)

 

2.5     In respect of Urgent Matters:

 

(a)     Where power is not already delegated to Officers and where decisions are required as a matter of urgency, due to events which were not reasonably forseeable prior to the next meeting of the Cabinet, the Chief Executive or any Head of Business Unit be authorised to take decisions on any matters which:

 

(i)      in the case of the Chief Executive, may arise from any functions of the Council;

 

(ii)     in the case of each Head of Business Unit may arise from any function for which their allocated service areas have responsibility.

 

(b)     Such decisions shall only be taken after consultation in writing or verbally with the appropriate Cabinet Member and the Monitoring Officer/Chief Finance Officer as appropriate.

 

(c)     Any decisions taken under the delegation at (a) above are to be reported to the next meeting of the Cabinet.

 

2.6     In respect of travel and subsistence :

 

(a)     to authorise staff to incur expenditure on travel, subsistence and entertainment when considered appropriate;

 

(b)     to authorise payment over the agreed rate for overseas exhibitions;  and

 

(c)     in consultation with the Head of Resources and subject to a report back to the Cabinet on action taken, to approve reasonable expenses over and above the Council's new standard rates for the payment of subsistence allowances and out of pocket expenses for staff engaged on Council business.

 

2.7     To apply for planning permission and Building Regulation approval in respect of Council

proposals involving development.

 

2.8    Authority to incur expenditure in response to an emergency situation, subject to a report on the action taken being submitted to the next available meeting of the Cabinet. 

 

2.9   To negotiate and agree facility fees for TV/film rights and for the commercial use of photographs and texts where no other copyright exists.

 

2.10   To agree requests for the use of car parks for commercial and non-commercial events.

 

2.11   To approve the temporary closure of facilities, including car parks, for reasons such as security purposes, essential maintenance, special events or public holidays.  

2.12   To instruct the Head of Law and Corporate Governance to commence prosecutions or instigate legal proceedings in connection with or for the purpose of carrying out any function delegated to an Officer or in connection with or for the purpose of enforcing any decision of the Council taken under delegated powers or otherwise. This authority to include the appointment of external legal advisers where this would be in the best interests of the Council, subject to budget provision.

 

2.13  Where appropriate, to submit tenders and quotations and to undertake the supply of goods and services to other Local Authorities and public bodies, in accordance with the Local Authorities (Goods and Services) Act 1970 (as amended) and/or other relevant legislation, in so far as such goods and services can be provided within the existing resources of their departments, subject to consultation with the Head of Resources on the terms of any proposed contract.

 

2.14  In consultation with the appropriate Cabinet Member, to authorise the attendance of Members at conferences, subject to the necessary budget provision being available.

 

2.15   To sign, on behalf of the Authority, Acceptable Behaviour Contracts under the Crime and Disorder Act 1998 and allow Heads of Business Units to instruct the Head of Law and Corporate Governance to apply for Anti-Social Behaviour Orders on behalf of the Authority pursuant to the Crime and Disorder Act 1998, the Police Reform Act 2002, the Anti-Social Behaviour Act 2003 and other related legislation.

 

2.16   All Heads of Business Units are nominated:

 

(a)          to grant authorisations for directed covert surveillance as required by the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 SI2417 made under Section 30 of the Regulation of Investigatory Powers Act 2000;

 

                                                                           and

 

(b)          to approve application for, or the authorisation of, the acquisition of communications data in accordance with Part I of Chapter II of the Regulation of Investigatory Powers Act 2000:

 

3.0     DELEGATION TO THE CHIEF EXECUTIVE AND DULY AUTHORISED  DIRECTORS AND HEADS OF BUSINESS UNITS IN A CIVIL EMERGENCY

 

3.1       Authority to incur any necessary expenditure in response to an emergency situation where Council resources are called upon.

 

4.0     DELEGATION TO THE HEAD OF LAW AND CORPORATE GOVERNANCE

 

4.1     Subject to there being sufficient evidence, to commence prosecutions or issue legal proceedings in connection with or for the purpose of carrying out any function delegated to an Officer or in connection with or for the purpose of enforcing any decision of the Council taken under delegated powers or otherwise, subject to budget provision.

 

5.0     DELEGATION TO THE HEAD OF PUBLIC PROTECTION

 

5.1     Authority to compare and review the fees for approving the use of premises for conducting civil weddings every two years.

 

6.0     DELEGATION TO THE RETURNING OFFICER

 

6.1     The Returning Officer, in consultation with the Chair and Vice-Chair of the Cabinet and Members for the Ward involved, be granted delegated authority to agree and implement changes to polling district boundaries.

7.0     WITHDRAWAL OF AUTHORITY

 

7.1     The Authority to exercise any of the above delegations may be withdrawn at any time by the Chief Executive or Head of Business Unit.