Scheme of Delegations

May 4, 2021 | Governance Policies

Scheme of Delegation

  1. Introduction.

This document sets out how Blackawton Parish Council delegates certain powers and responsibilities.

The power to delegate functions is set out in the Local Government Act 1972 s101. The intention of a delegation scheme is to allow the Council to act with reasonable speed. Decisions should be taken at the most suitable level. Therefore, the Clerk is delegated powers over the day to day administration of the Council.

Local Government Act 1972 s101. (1) states

‘Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

(a)by a committee, a sub-committee or an officer of the authority; or

(b)by any other local authority.’

  1. The Clerk and Responsible Financial Officer

    1. The Clerk to the Parish Council shall as The Clerk ensure the proper discharge of its day to day functions.

    2. The Clerk shall be the Responsible Financial Officer (RFO) to the Council and shall be responsible for the Council’s accounting procedures, in accordance with the Audit Regulations in force at any given time.

    3. The Clerk shall be the Proper Officer of the Council and carry out the functions as provided by the Local Government Act 1972. The Clerk is specifically authorised to:

  • Receive declarations of acceptance of office;

  • Receive and record members’ interest;

  • Receive and grant dispensations according to the Council’s Code of Conduct; details of all dispensations received and granted to be reported to the Council at the next available meeting;

  • Receive and retain plans and documents;

  • Sign notices or other documents on behalf of the Council;

  • Sign summons to attend meetings of the Council;

  1. As well as the functions set out above and in the Clerk’s job description, the Clerk has the delegated authority to undertake the following matters on behalf of the Council:

    1. Acting on matters relating to Health and Safety.

    2. To implement the Blackawton Cemetery Regulations.

    3. To spend up to £250 for additional audit work as required by the External Auditor (in excess of this sum the Clerk/RFO shall act after consultation with the Chairman or Vice-Chairman of the Council).

    4. To sign on behalf of the Council any document necessary to enable Council decisions to be enforced.

    5. To act as the Council’s designated officer for the purposes of the Freedom of Information Act 2000.

    6. To act as the Council’s designated officer for the determining of the purposes and the means of the processing of personal data under the General Data Protection Regulations (GDPR) and to be the Council’s appointed Data Protection Officer.

    7. Authority 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.

  2. Clerk’s authority to spend

Specified in Financial Regulations. I discussed this with Devon Association of Local Councils in 2015 which agrees that the detail in the Financial Regulations is sufficient and does not require an additional delegation. Making sure that the two sites are consistent may create problems.

If a Councillor temporarily becomes the Clerk (Proper Officer) and RFO, in the event of the sudden and unforeseen absence of the appointed Clerk and Responsible Financial Officer, the delegated authority granted to the Clerk and RFO to authorise payments alone is suspended with immediate effect.

  1. Delegations

    1. If it is not possible to hold a face to face meeting of the Parish Council, the Clerk is delegated authority to make decisions required for continuity of the Parish Council’s responsibilities where this is legally permitted (see 5.8 below for details of decisions which cannot be delegated).

    2. In implementing the power delegated in section 5.1, the Clerk will strive to take guidance from the decisions made by a public virtual meeting of the Parish Council.

    3. The Clerk is required to minute and publicise the minutes of meetings referred to in 5.2. There is a legal requirement to document in a public record delegated decisions (date, decision, reasons, and alternative options) if the decision would otherwise have been made by the council or its committee or subcommittee. There is an area on the website for posting the record of delegated decisions.

    4. This process of delegation is designed to make decision making as transparent and accountable as possible.

    5. This delegation includes the authority to respond to planning applications considered by the meetings referred to in 5.1.

    6. It is noted that the Local Government Act 1972 specifies powers which cannot be delegated and are therefore reserved for the full Council:

▪ Setting the precept and approval of the Council’s budget

▪ Approval of the Annual Accounts

▪ Completion of the Annual Return including the Governance Statement

▪ Consideration of an Auditor’s report made in the public interest

▪ The making, amending or revoking of Standing Orders, Financial Regulations and this scheme of delegation

▪ Adoption or revision of the Council’s Code of Conduct

▪ Confirmation (by resolution) that the council has satisfied the statutory criteria to exercise the General Power of Competence

▪ Determination and review of the Bank Mandate

▪ Matters of principle or policy

▪ Nomination or appointment of representatives of the Council to outside bodies (except approved conferences or meetings)

▪ Nomination or appointment of representatives of the Council at any inquiry on matters affecting the Parish, excluding those matters specific to a committee

▪ The making, amending or revoking of byelaws

▪ Agreement to write off bad debts

▪ Approval by resolution, before payment of any donation

▪ Authorisation as to terms and purpose of any application for borrowing approval and subsequent arrangements for the loan

▪ Approval of purchase, acquisition by other means, sale, lease or disposal of real property (interests in land)

    1. Review – The delegations are scheduled for review by the May 2025 meeting of BPC and may also be subject to review in legally convened meetings of the Parish Council held prior to that date.

END

Adopted on Tuesday 4 May 2021

Revised on Tuesday 10 May 2022

Revision approved 16 May 2023, 14 May 2024,13 May 2025, and 11 May 2026.