The Functions Scheme - Delegation to Officers
7. Delegation of Council Functions and Executive Functions to Officers
7.1 Scope
This section sets out the extent to which the functions of the Council are delegated to Officers.
7.2 Exercise of delegated powers
(a) Functions in this section may be exercised by the nominated Officer(s) and includes anything which facilitates, or is conducive or incidental to, the discharge of these functions, tasks, or responsibilities.
(b) Where an Officer has been given delegated authority by this section they may authorise any member of their staff to act on their behalf.
(c) An Officer may refer a delegated matter to the Cabinet or the Council Meeting or to one of its Committees for decision rather than take the decision themselves.
(d) When exercising delegated powers Officers must always have regard to the following implications of the decision. When necessary, advice should be taken:-
(i) financial(ii) legal(iii) human rights(iv) human resources(v) environmental(vi) corporate social responsibility(vii) crime and disorder(viii) risks(ix) policy and performance
(e) Before taking a decision under delegated powers, an Officer will notify the relevant Cabinet member of any action which is likely to be contentious or politically sensitive.
(f) The Chief Executive, Directors and Assistant Directors will keep members of the Cabinet informed of the work of their service area.
(g) When exercising delegated powers Officers will consult with staff in another service area if the decision is likely to impact on the work of that service area.
(h) When exercising delegated powers an Officer will always have regard to the requirements of the Constitution.
(i) The Chief Executive may authorise one Officer to exercise the delegated powers of another officer in the absence of the latter.
(j) This scheme does not delegate to an Officer any matter which:
(i) has been reserved to the Council Meeting(ii) has been reserved to any committee(iii) has been reserved to the Cabinet(iv) may not by law be delegated to an Officer.
7.3 General functions delegated to the Chief Executive and Directors
(a) To take such action as may in their opinion be necessary or appropriate in connection with:
(i) all operational management matters for those functions and service areas for which they have responsibility under this Constitution;(ii) persons and/or property for which they and their service has responsibility;(iii) the implementation of decisions properly authorised by the Council Meeting or a committee, the Cabinet or an individual member of the Cabinet or by an Officer acting under delegated powers;(iv) the performance of any action for which they are specified as responsible in any policy, procedure or other document approved or adopted by the Council Meeting or a committee, the Cabinet or an individual member of the Cabinet or by an Officer acting under delegated powers.(b) To serve a requisition for information about an interest in land using powers relevant to the operation of the service area.(c) To authorise Officers to conduct specific directed surveillance or use covert human intelligence sources and determine requests for accessing communications data as submitted by the Single Point of Contact (SPOC) as required by the Regulation of Investigatory Powers Act 2000 and associated orders.(d) To manage, direct and control all resources allocated to their Directorate in accordance with the Council’s policies and procedures.(e) To co-ordinate and monitor work through approved plans and policies, ensuring compliance with targets and performance to the relevant committee.(f) To determine the level of charges for Council services in order to maximise income and in accordance with agreed charging policies.(g) To ensure compliance with and discharge of all relevant legislation, Acts of Parliament, orders, regulations and directives and the Council’s policies and procedures (including all enforcement matters).(h) To provide and submit a bid for resources in accordance with the approved budget process.(i) To support Councillors in their monitoring and community governance roles.(j) To recommend to the Monitoring Officer and or the Principal Solicitor, the prosecution or instigation of any legal proceedings on behalf of the Council.(k) To issue licences and registrations relating to any of the approved functions.(l) To support the Cabinet in the development of the Council’s policy framework.(m) In the absence of the Chief Executive and in accordance with an agreed rota, to undertake on his/her behalf such actions as are required to enable the Council to fulfil its functions.
- For more on the functions of the Chief Executive see Section 7.4
- For more information on the functions of the Director of Health and Wellbeing please see Section 7.5
- To find out about the functions of the role of the Director of Customers & Communities please see Section 7.6
- To read about the functions of the Director of Continuous Improvement, please see Section 7.7.
- To find out about the Director for Place Shaping, please see Section 7.8.
- To read about how the Assistant Director - Governance fits into this Functions Scheme, please read Section 7.9
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