Scheme of Delegation
| Revision | 1.2 |
| Adopted | May 2022 |
| Last Reviewed | April 2024 |
| Review period | Annually |
DOCUMENT CONTROL: Rev 1.1 Reviewed May 2023. Adopted without changes.
Rev 1.2 Reviewed April 2024. Revisions to Extent of Delegation, Urgent Decisions of the Parish Council, Planning Delegation. Effective April 2024.
Hemswell Parish Council
SCHEME OF DELEGATION
Introduction
1. Proper Officer, Responsible Finance Officer (RFO), Burial Clerk
3. Urgent Decisions of the Parish Council
4. Planning Delegation to the Clerk
The Local Government Act 1972 s101 sets out the power for councils to delegate functions. This policy sets out the way Hemswell Parish Council (PC) deals with delegated powers and responsibilities in accordance with its Standing Orders and Financial Regulations and adopted policies and in line with directions given by the council from time to time.
The delegation scheme allows Hemswell PC to act with all reasonable speed using delegated powers and duties set out below.. When delegation is necessary, councillors, the public, and the press must still have access to the fullest information; therefore, all decisions taken under delegated powers must be reported by the clerk at the next full council or committee meeting.
1. Proper Officer, Responsible Finance Officer (RFO), Burial Clerk
The clerk shall be:
- The Proper Officer, and will carry out the functions as provided by the Local Government Act 1972.
- The RFO, in accordance with the Accounts & Audit Regulations in force at any given time.
- The Data Protection Officer (DPO), as may be required by the General Data Protection Regulations 2018.
- The Burial Clerk for Hemswell Civil Cemetery.
2.1 All delegated functions shall be deemed to be exercised on behalf of and in the name of Hemswell Parish Council.
2.2 The clerk will exercise these powers in accordance with:
- Approved budgets.
- The Council’s Financial Regulations.
- The Council’s Standing Orders.
- The Council’s Policy Framework and other adopted policies of the Council.
- The Council’s Burial Authority Regulations.
- All statutory, common law and contractual requirements.
2.3 The clerk may do anything pursuant to the delegated power or duty which it would be lawful for the Council to do including anything reasonably implied or incidental to that power or duty.
2.4 In addition to the responsibilities set out in the clerk’s job description, the clerk is authorised to undertake the day-to-day administration of the PC to include:
- Emergency expenditure up to £300 whether or not there is budgetary provision for the expenditure (subject to Standing Orders and Financial Regulations).
- Taking appropriate action arising from other emergencies (in consultation with the Chair/Vice Chair of the PC as appropriate to the circumstances). *An emergency is defined as a time when the PC cannot act under its Standing Orders due to circumstances beyond its control.
3. Urgent Decisions of the Parish Council
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 Hemswell PC. The clerk is expected to consult with the Chair or Vice Chair (in the absence of the Chair) and consider their views on the matter(s) raised.
3.1 Urgent decisions required between scheduled meetings of the council are delegated to the clerk in consultation with the Chair of the council.
3.2 Decisions made under this delegation will be reported to, and recorded in the minutes of, the next council meeting.
3.3 Under this delegation, where appropriate, the clerk may decide that an extraordinary meeting of the council be called to deal with the urgent matter.
4. Planning Delegation to the Clerk
4.1 The council delegates decisions arising under development control consultations to the clerk in consultation with all Councillors and where there is a consensus by councillors.
4.2 Consultation may be by correspondence, including email, or in person. It may also take place at meetings of the council.
4.3 The clerk will arrange for relevant papers to be circulated to the councillors who should return their comments, to the clerk for determination of the council’s response within the prescribed consultation period.
4.4 Delegated decisions will be reported to, and recorded in the minutes of, the next council meeting.
4.5 In respect of controversial or major development proposals, the clerk in consultation with the Chair or Vice-Chair (in the absence of the Chair), may decide that a parish meeting and/or an extraordinary meeting of the council be called to consider the matter.
The Openness of Local Government Bodies Regulations 2014 (2014 SI No. 2095), which came into force on 6 August 2014, require a written record to be kept of certain decisions made by an officer of a parish council acting under delegated powers. The clerk will keep a log of all decisions made under delegated powers and will report the same at the next full council or committee meeting.