Scheme of Delegation

See also: Councillor representatives

Introduction

This document sets out the manner in which Ilmington Parish Council (“the Council”) has delegated powers and responsibilities.

This document is one of the three major ways in which the Council regulates its affairs – the others being its Standing Orders and Financial Regulations.

The power to delegate functions is set out in the Local Government Act 1972 s101. The intention of the delegation scheme is to allow the Council to act with all reasonable speed.

Decisions should be taken at the most suitable level. Therefore, the Clerk is given powers over the day to day administration of the Council and its Committees to decided matters within their Terms of Reference, and matters of major policy should be recommended to the Full Council.

Whilst delegation is necessary it is the Council’s policy that members and the press and public should have the fullest information available to them at all times. Therefore, the Clerk reports all major decisions taken under delegated powers at the next available Council meeting.

Proper Officer and Responsible Financial Officer

The Clerk shall be:

• the Proper Officer and carry out functions as provided by the Local Government Act 1972;
• the Responsible Financial Officer in accordance with the Accounts and Audit Regulations in force at any given time.

Powers Which Cannot Be Delegated

The following matters must be determined by the Council.

• levying or issuing a precept
• borrowing money
• approving the Councils annual accounts
• considering an auditor’s report made in the public interest
• confirming that the council has satisfied the statutory criteria to exercise the general power of competence
• adopting or revising the Councils code of conduct

Delegated Powers and Responsibilities

In addition to the responsibilities set out in the Clerk’s job description the Clerk has the delegated authority to undertake the following matters on behalf of the Council:

• Day to day administration of services, together with routine inspections and control.
• Authorisation to call any extra meetings of the Council or any Committee as necessary, having consulted with the Chairman of the Council and/or the Chair of the appropriate Committee.
• Authorisation to respond immediately to any correspondence, requiring or requesting information or relating to previous decisions of the Council but not correspondence requiring an opinion to be taken by the Council or its Committees.
• Authorisation of routine expenditure in accordance with Financial Regulations (Budgetary Control and Authority to Spend).
• Preparation and submission of comments to planning applications where the Council’s agreed stance is known.

Adoption and Review

This Scheme of Delegation was adopted by the Council at the Meeting held on 28 May 2020

This policy will be reviewed annually or subject to legal requirements.

Date of last review: 26 May 2022