Scheme for Delegated Authority
Doddington and Whisby Parish Council Scheme of Delegated Authority
This Scheme of Delegation forms part of the Parish Council’s Financial Regulations and Standing Orders. It will be reviewed annually and when there is a change of Clerk/RFO.
The purpose of this document is to clearly define the parameters within which the Clerk/RFO of the Parish Council can act without reference to Councillors.
This document also captures the various delegated powers throughout the Parish Council.
Principles Of Delegation
Section 101 of the Local Government Act 1972 provides:
• That a Council may delegate its powers (except those incapable of delegation) to a committee; or an officer.
• A Committee may delegate its powers to an officer.
• The delegating body may exercise powers that have been delegated. Any delegation to a
Committee or the Clerk/RFO shall be exercised in compliance with the Parish Council’s Standing Orders, its Financial Regulations and any other policies or conditions imposed by the Parish Council and with the law.
In an emergency the Clerk/RFO is empowered to carry out any function of the Parish Council. Where the Clerk/RFO is contemplating any action under delegated powers, which is likely to have a significant impact in a particular area, they should also consult the Chairman of the Council and must ensure that they obtain appropriate legal, financial and other specialist advice before action is taken.
Authority To Act
It will be appropriate for the Clerk/RFO to refer a matter to the Parish Council where the
determination of the matter is likely to be particularly controversial or raises issues of policy which it would be appropriate for councillors to determine.
The Clerk/RFO and Committees have the responsibility to act within the Parish Councils approved policies, procedures and framework and within the law in conjunction with this delegated scheme.
Council Reserved Powers
The following matters are only to be resolved by the full Council:
• Appointment of the Clerk/RFO
• To adopt and change the Standing Orders, Financial Regulations, Scheme of Delegation and other Council policies
• To approve and adopt the Budget.
• To appoint committees and working groups
• To approve membership of all committees and working groups
• To agree and/or amend the terms of reference for Committees
• To adopt the schedule of meetings for the ensuing year.
• To determine matters involving expenditure for which budget provision is not made or is exceeded.
• To set the Precept
• To make byelaws
• To borrow money
• To annually approve the statutory annual return
• To approve eligibility for the General Power of Competence
• To assess, consider and (if approved) award donations and grants fund to other bodies where
lawful and appropriate in accordance with statute and the adopted Grants Policy.
• To receive, consider and approved recommendations from the Clerk/RFO in respect of staff
renumeration outside of budget allocation.
• To assess, consider and approve recommendations from working groups.
Delegation Safeguards
The Parish Council may, at any time without prejudice to executive action taken already, revoke any executive power delegated to a Committee or Officer.
Delegation To Clerk/RFO
• The Clerk/RFO is designated and authorised to act as the Proper Officer for the purposes of all
relevant sections of the Local Government Act 1972 and any other stature requiring the designation of a proper officer.
• In the case of an emergency, the Clerk shall have the power to take reasonable steps to secure the Parish Council’s assets or position, following consultation with the Chairman (if practicable in the circumstances).
• The Clerk will deal with all routine correspondence which does not commit the Parish Council to enter into a legal agreement or give an opinion. The Clerk will also deal with any correspondence which is covered by delegated authority.
• As Proper Officer/RFO, the Clerk may incur expenditure on revenue items on behalf of the Parish Council up to the amounts included in the approved budget. Subject to Financial Regulation 4.1.
• Power to authorise relevant training courses provided the expense can be met from approved
budgets having taken into account the training needs of the employees/ Parish Councillors.
• Power to act immediately on all Health and Safety or emergency issues without waiting for
endorsement by the full Council.
• Power to act on own initiative to implement the Councils policies and objectives.
• Power to manage all the Council’s resources in accordance with the Council’s policies.
•Power to respond to planning applications having consulted with the Parish Council.
Date adopted - 02 September 2024
Review schedule - Annually or on change of Parish Clerk