Scheme of Delegation to Officers

POWER OR FUNCTION

Chief Executive

Executive Director

Director

RESERVED TO THE CHIEF EXECUTIVE

1

To carry out the powers and duties of the Executive Directors and Directors in their absence or in consultation with them.

X

2

To incur expenditure in the event of a civil emergency.

X

3

In cases of emergency, to take any decision which could be taken by the Council, the Cabinet or a committee, in consultation with the Leader (emergency to include cases which fall short of a declared emergency but are nevertheless situations in which there will be a risk of significant detriment to the wellbeing of residents if action is not taken).

X

4

In the period beginning with the fourth day after the County Council Elections and ending on the date of the first Annual Meeting of the new Council, to deal with matters of urgency which cannot await a meeting of Full Council where delay would significantly and materially prejudice the interests of the County Council or the inhabitants of the County, in consultation with the Leaders of any group with a majority of councillors on the council, or in the absence of such a group, with the leaders of all political groups on the council or other councillors as the Chief Executive deems appropriate.

X

5

To alter the areas of responsibility of the Executive Directors and Directors set out in this Scheme.

X

6

To approve any discretionary sums above £20,000 and less than £100,000 to employees on termination of employment in addition to statutory and contractual redundancy or severance terms, following consultation with the Leader of the Council.

X

7

To appoint Proper Officers, as set out in section 9.2 of the Constitution, except where legislation or guidance requires the appointment to be made by Full Council, Cabinet, or a committee of the Council. (Officers may not appoint themselves.)

X

8

To consider complaints against or allegations of misconduct by the Chief Financial Officer or the Monitoring Officer and agree to resolve informally any which are clearly unfounded, trivial, or best dealt with under the appropriate Council policy rather than under the Employment Committee's disciplinary procedures.

X

RESERVED TO THE EXECUTIVE DIRECTOR OF RESOURCES

9

To carry out those responsibilities set out as delegated to the Chief Financial Officer in the Financial Rules.

X

(EDoR only)

10

To provide any indemnity on behalf of the Council (in consultation with the Director of Law and Governance).

(For the avoidance of doubt, indemnities which are incorporated into any of the Council's standard terms and conditions, or equivalent indemnities incorporated into a third party agreement which have been subject to Legal review, do not require authorisation from the EDoR.)

X

(EDoR only)

11

To approve loans to any recipient, in compliance with Subsidy Control rules.

X

(EDoR only)

12

To agree to write off a debt owed to the Council, other than in accordance with the council's Debt Management Policy.

X

(EDoR only)

13

To exercise the responsibilities reserved to the Chief Financial Officer relating to the strategic operation of Local Pensions Partnership Ltd including:

·       Appointing and removing auditors;

·       Altering the accounting reference date;

·       Increasing the amount or varying the terms of any shareholder loans;

·       Entering into any agreement with a shareholder for the provision of additional funds or financial support which differs from the terms on which other shareholders provide equivalent finance or support; and

·       Changing the status of the company or any of its subsidiary.

X

(EDoR only)

RESERVED TO THE DIRECTOR OF LAW AND GOVERNANCE

14

To grant dispensations to councillors in accordance with the Localism Act 2011 with the power to refer any request for a dispensation back to the Conduct Committee.

X

(DoLG only)

15

To make consequential amendments to the Constitution to give effect to a lawful decision, as a direct consequence of a change made outside the council (for example a change in legislation), to implement a decision of the Full Council, Cabinet or a committee, and to correct an error or resolve an inconsistency. All such changes to be reported to Council.

X

(DoLG only)

16

To interpret the Constitution where the meaning is uncertain or there is a dispute about its meaning.

X

(DoLG only)

17

To issue (or respond to) any statutory Notice or Order served under any enactment.

X

(DoLG only)

18

To institute any legal proceedings in relation to any criminal offence.

X

(DoLG only)

19

To give approval to take enforcement action under any enactment.

X

(DoLG only)

20

To institute any legal proceedings for the recovery of possession of property and the recovery of debts.

X

(DoLG only)

21

To defend or settle of any legal claim brought by or against the Council.

(For the avoidance of doubt, this delegation includes the power to sign settlement agreements on the authority’s behalf and the power to settle claims before any formal proceedings have commenced).

X

(DoLG only)

22

To issue any statutory consent or licence.

X

(DoLG only)

23

To sign contractual documents executed under seal unless the requirement is waived (as agreed by Legal Services and recorded in the Scheme of Delegation database)

X

(DoLG only)

24

To give approval to consult with and instruct counsel, and the procurement of any other external legal advice or representation.

X

(DoLG only)

25

To authorise officers to appear on behalf of the Council in the Magistrate's Court (under section 223 of the Local Government Act 1972) and/or the County Court (under section 60 of the County Courts Act 1984).

X

(DoLG only)

26

To authorise surveillance activities and accessing communications data in accordance with the Regulation of Investigatory Powers Act 2000.

X

(DoLG only)

27

To appoint and remove company directors.

X

(DoLG only)

28

To appoint Proper Officers, as set out in section 9.2 of the Constitution, except where legislation or guidance requires the appointment to be made by Full Council, Cabinet, or a committee of the Council. (Officers may not appoint themselves.)

X

(DoLG only)

29

To consider complaints against or allegations of misconduct by the Chief Executive and agree to resolve informally any which are clearly unfounded, trivial, or best dealt with under the appropriate Council policy rather than under the Employment Committee's disciplinary procedures.

X

(DoLG only)

RESERVED TO THE HEAD OF PENSION FUND (matters relating to the Pension Fund)

30

To set the appropriate funding target for the Fund.

HoPF only

31

To place any monies not allocated to investments on short term deposit in accordance with arrangements approved by the Pension Fund Committee.

HoPF only

32

To accept for admission in the Lancashire County Pension Fund employees of authorities and bodies as prescribed in regulations including transferee and community admissions which are considered as 'exceptional circumstances', subject to an approved Admission Agreements and subject to any necessary indemnities as appropriate.

HoPF only

33

To approve the payment of death grants in accordance with the Death Grant Policy.

HoPF only

34

To deal with stage 2 appeals under the Internal Dispute Resolution Procedure.

HoPF only

35

To approve applications for early payment of preserved pension benefits on compassionate grounds.

HoPF only

36

To determine the actual injury allowance payable on each individual qualifying case of injury or disease, both retrospective and for the future.

HoPF only

37

To act as proxy voter on behalf of the Council for the ratification of the Independent Director at the Annual General Meeting of Local Pensions Partnership Ltd, on the continuing appointment of the 'A' Directors of Local Pensions Partnership Ltd, and on the appointment of the directors of the subsidiaries of Local Pensions Partnership Ltd.

HoPF only

38

To engage on behalf of the Council in the budget process of Local Pensions Partnership Ltd as set out in Schedule 6 of the Shareholder Agreement.

HoPF only

GENERAL MANAGEMENT POWERS

39

To approve expenditure up to the key decision threshold relating to the delivery of the functions of the Directorate and / or services for which the officer is responsible.

£2.2m

£2.2m

£1.1m

40

To authorise payments where the Council is under a legal obligation to make the payment e.g. a contractual payment or damages award.

£2.2m

£2.2m

£1.1m

41

To make decisions to discharge the functions and powers of services under their management.

X

X

X

42

In addition to any of their general and/or specific delegated functions set out in this Scheme or in the Constitution, to make all decisions which are calculated to facilitate, or are conducive or incidental to the discharge of such delegated functions.

X

X

X

43

To authorise or delegate to officers to perform any or all of the functions and powers set out in this Scheme.

Delegations must be recorded in the online Scheme of Delegation database.

X

X

X

FINANCE

(All subject to compliance with the Council's Finance Rules and each directorate's Scheme of Financial Delegation)

44

To carry out the virement of budgets within delegated budgets provided the amount of any individual transfer does not exceed 10% of the gross expenditure or £250,000, whichever is the lower, or in any other case with the consent of the relevant Cabinet Member(s).

£2.2m

£2.2m

£1.1m

45

To approve grants to any recipient, in compliance with Subsidy Control rules and the Procurement Rules.

£2.2m

£2.2m

£1.1m

46

To levy and collect all mandatory statutory fees and charges (including power to increase fees and charges where changed by legislation) in accordance with the Financial Rules.

£2.2m

£2.2m

£1.1m

47

To agree and submit a bid for or enter into contract for goods, services and / or works for third parties or for a council tendered service (i.e. an “in house bid”).

£2.2m

£2.2m

£1.1m

48

To agree and submit a bid for a grant or other funding from central or regional government or another third party for the provision of goods, services, works or any other council function.

£2.2m

£2.2m

£1.1m

49

To approve the acceptance of a grant or other funding from central or regional government or other third party for the provision of services, works or any other council function, where either:

a)     The total value is under the Key Decision threshold or;

b)     Where the Council has no discretion in how the grant is used or applied, including where a mandatory statutory formula applies to its distribution to third parties or its use; or

c)      Existing Executive decisions or approved policies have determined the application or use of the grant.

£2.2m

£2.2m

£1.1m

PROCUREMENT AND CONTRACTS

(All subject to compliance with the Council’s Procurement Rules)

50

Approval to commence a procurement process and the procurement process for the award of any contract.

£2.2m

£2.2m

£1.1m

51

The award of contracts (including the selection of a contractor from a framework).

The thresholds listed do not apply where Cabinet has already approved the contract value at the commencement of a procurement process.

£2.2m

£2.2m

£1.1m

52

To exercise an option to extend a contract, where the amount or duration has not previously been approved by Cabinet.

£2.2m

£2.2m

£1.1m

53

To agree the variation of a contract.

£2.2m

£2.2m

£1.1m

54

To agree exemptions and waivers as allowed in the Council’s Financial and Procurement Rules.

X

X

X

55

To make all other procurement decisions in accordance with the Procurement Rules, including but not limited to:

a)    To establish a framework;

b)    to agree to join any external framework contracts or similar agreements;

c)     To end a procurement process;

d)    All decisions that are ancillary to other delegated powers.

£2.2m

£2.2m

£1.1m

56

To sign contractual documents not executed under seal (by value of the contract) provided they are in the format provided by Legal Services.

In accordance with the Procurement Rules the thresholds listed do not apply when the requirement to sign a contract under seal has been waived in agreement with Legal Services.

£2.2m

£2.2m

£1.1m

57

To make all contract management decisions including but not limited to:

a)     Suspending payments;

b)     Exercising provisions relating to liquidated damages;

c)      To refer a matter to arbitration

d)     Terminating contracts for breach of contract or otherwise in accordance with the terms of the contract.

£2.2m

£2.2m

£1.1m

HUMAN RESOURCES AND EMPLOYMENT

(All subject to compliance with the Council's policies and procedures)

58

To make all decisions in respect of the employment and management of individual officers under the officer’s management, where the power is not delegated elsewhere in this Scheme, in relevant policies or procedures, or reserved for Member decision in the Constitution, including but not limited to:

a)    Recruitment, including probation, acting up and promotion;

b)    Discipline and capability (including sickness);

c)     Termination of employment;

d)    Restructuring, redeployment and redundancy;

e)    Pay and remuneration;

f)      Grievances;

g)    Appeals under any procedure;

h)    Applications for any statutory or contractual right or benefit;

i)      Secondment (section 113 of the Local Government Act 1972);

j)      Health and safety;

k)     Payment of any discretionary sums less than £20,000 to employees on termination of employment in addition to statutory and contractual redundancy or severance terms; and

l)      All other powers of an employer to ensure the efficient discharge of functions and services, excluding the settlement of employment claims which is a matter reserved to the Director of Law and Governance.

X

X

X

59

To meet all duties relating to the operational health and safety of employees, workers, visitors and others as defined in the Council’s Health and Safety Policy.

X

X

X

LEGAL REPRESENTATION AND PROCEEDINGS

(Legal powers should only be exercised following the receipt of legal advice as set out below)

60

In respect of the discharge of any Council functions, powers or legal duties for which the officer is responsible, to request Legal Services, under the direction of the Director of Law and Governance, to:

a)     Issue, prosecute, defend, enforce or otherwise participate in any legal proceedings in any court or tribunal;

b)     Prepare and serve any statutory demand/notice/order or other legal document;

c)      Prepare any agreement, contract, bond, certificate, deed, guarantee, licence, notice, order and/or other document to protect or advance the Council’s interests;

d)     Provide legal advice and representation on any matter in any way affecting the Council’s interests.

The appointment of external legal advice can only be commissioned by the Director of Law and Governance.

X

X

X

POLICY, PERFORMANCE AND RISK

61

To prepare, approve and amend policies relating to the operation of the services under the officer's management except where these are otherwise reserved to Council, Cabinet or a committee.

X

X

X

62

To make minor amendments to policies approved by Council, Cabinet or a committee, where these are purely technical or administrative in nature.

X

X

X

63

To oversee performance and risk in relation to the services under the officer's management, including the collection, analysis and communication of the information and escalation or de-escalation through the management structure as appropriate.

X

X

X