Scheme of Delegation[1]

Introduction

This Scheme of Delegation authorises the Proper Officer and Responsible Financial Officer (which may be the same person), and Standing Committees to act with delegated authority in the specific circumstances detailed. Delegation under this Scheme does not prevent the Council or relevant committee from exercising the delegated function itself

This policy should be used in conjunction with Council’s Standing Orders, Financial Regulations, Code of Conduct and the committee Terms of Reference as well as any statutory obligations/regulations in force at the time.

The policy aims to:

  • Further clarify the roles and delegated responsibilities of officers, members and committees;
  • Ensure adequate control measures are in place to protect the Council’s finances;
  • Ensure the Council is acting in accordance with the Accounts and Audit Regulations; and
  • Ensure the Council is complying with s101 of the Local Government Act 1972 and relevant case law (Regina V Secretary of State for the Environment ex parte London Borough of Hillingdon 1986).

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 decisions are those:

  • made under a ‘specific express authorisation’, or
  • made under a general authorisation where the effect of the decision is to;
  1. i) grant a permission or licence,
  2. ii) affect the rights of an individual, or

iii) award a contract or incur expenditure which, in either case, significantly affects the financial position of the Parish Council.

 

Where an officer decision is required to be recorded, the written record shall include: the date of decision; the decision maker; the delegated authority relied upon; the decision taken; reasons for the decision; financial implications; any consultation undertaken; background papers; and whether any information is confidential or exempt.

 

Recorded decisions shall be retained and made available in accordance with the Openness of Local Government Bodies Regulations 2014 and the Council’s publication and retention arrangements.

This policy follows the scope of this provision as detailed in the guidance issued by the Department of Communities & Local Government ‘Plain English’ guide to the Regulations. The relevant guidance for parish councils is as follows:

a) “Officers make many administrative and operational decisions on how they go about their day-to-day work within the council’s rules. These decisions will not need to be recorded.

b) You will not be able to inspect some recorded decisions if the whole or part of the records contain confidential information or any other information where publicity would be prejudicial to the public interest.

Examples of decisions that should be recorded could include:

  • decisions about awarding contracts

Where decisions are already required to be published by other legislation, they do not need to be recorded again provided the record published has the date the decision was taken and the reasons for the decision.

Decisions that do not need to be recorded might include the following examples:

  • decisions to allocate burial plots;
  • routing administrative and organisational decisions such as the purchase of office supplies or repairs;
  • decisions to book rooms or sports grounds; and decisions to approve works undertaken by a contractor.

These are a few selected examples and not an exhaustive list’.

General Delegations

Individual Councillors

Section 101 of the Local Government Act 1972 and relevant case law (Regina V Secretary of State for the Environment ex parte London Borough of Hillingdon 1986) are clear in their instruction that there that all Members must deal with matters through their collective Council membership. Except where expressly authorised by law, Standing Orders or a resolution of Council, individual councillors have no authority to make decisions, instruct staff or contractors, or authorise expenditure.

Councillors may, however, be consulted by the Clerk or an officer where this Scheme, Standing Orders or a Council resolution provides for consultation. Such consultation does not transfer decision-making authority to the councillor.

 

Responsible Financial Officer

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 Accounts and Audit Regulations in force at any given time along with Councils adopted Financial Regulations. The Clerk/RFO may obtain professional advice and guidance from external sources within approved budgets or, where urgent, in accordance with Financial Regulations. The Clerk/RFO is responsible for ensuring proper arrangements for the Council’s financial administration, accounting records, internal controls and reporting, subject to Council’s adopted Financial Regulations

 

Proper Officer

The Clerk is designated and authorised to act as Proper Officer for the purposes of all relevant sections of the Local Government Act 1972 and any other statute requiring the designation of a Proper Officer. The Clerk will

  • Receive declarations of acceptance of office
  • Receive and record Member’s Registers of Interest
  • Receive and grant dispensations in accordance with the Council’s Code of Conduct and statutory requirement
  • Receive and retain plans and documents
  • Sign notices or other documents on behalf of the Council
  • Receive copies of bylaws made by a principal local authority
  • Certify copies of bylaws made by the Council
  • Call and arrange all meetings of the Council and its Committees
  • Sign summons to attend meetings of the Council
  • Prepare and issue agendas, consulting with the Chairman and Vice Chairman of Council or Committee (as appropriate) whenever possible
  • To seal or execute documents, deeds, contracts and agreements where authorised by Council, a committee or delegated authority
  • Respond to requests made under the UK GDPR, Data Protection Act 2018, Freedom of Information Act 2000 and Environmental Information Regulations 2004
  • To keep proper records for all meetings
  • To receive from Cornwall Council’s Monitoring Officer any documents in relation to complaints received under The Members’ Code of Conduct (These will be kept confidential until the matter has been concluded.)
  • To institute and appear in any legal proceedings following Council authority, or under urgent delegated authority where immediate protective action is required and legal advice supports this

 

In addition, the Proper Officer has the delegated authority to undertake the following matters on behalf of the Council:

 

  • Day to day management of services, resources and assets, together with routine inspection, control and compliance
  • To manage staff performance, conduct, capability, sickness absence and discipline in accordance with adopted HR policies, except where the matter relates to the Clerk/RFO or where the relevant policy reserves the decision to a committee or panel. Any dismissal or formal sanction shall be handled in accordance with the relevant HR policy, including any right of appeal.
  • Pay staff expenses and allowances.
  • Provide guidance to the HR Committee on recommendations for employees’ salary reviews, in accordance with the Council’s staff appraisal system. Where the matter concerns the Clerk/RFO’s own salary, the Clerk/RFO may provide factual information only and shall withdraw from deliberation unless invited to answer factual questions
  • To arrange, summon and give notice of extraordinary meetings of the Council, its committees or sub-committees where such meetings have been convened in accordance with the Council’s Standing Orders.
  • Authorisation to respond immediately to any correspondence, requiring or requesting information or relating to previous decisions of the Council, provided that such responses do not create new policy, commit the Council to unapproved expenditure, or determine matters reserved to Council or committee.
  • Where the Local Planning Authority will not grant an extension of time, the Proper Officer may submit a response to a planning or licensing consultation under delegated authority, having consulted the Chairman and Vice-Chairman of the Planning & Licensing Committee, and committee members by email where practicable. The response shall be based on adopted Council policy, the St Stephen in Brannel Neighbourhood Development Plan, the Cornwall Local Plan, the National Planning Policy Framework and relevant material considerations. The decision and reasons shall be reported to the next Planning & Licensing Committee meeting.
  • Authorisation of routine recurring expenditure within the agreed budget including payroll, PAYE/NIC, pensions, utilities, contractual payments, loan repayments, subscriptions, insurance and other recurring commitments approved through the budget or prior Council decision.
  • Emergency expenditure up to £10,000 outside of the agreed budget subject to any reporting and authorisation requirements in Financial Regulations
  • Authorisation of expenditure on works up to a maximum of £3,000 per transaction or project, within budget.
  • To act as Council’s competent responsible person for health & safety subject to appropriate training, resources and external advice where required.
  • To act as the Council’s Data Protection Officer, subject to the Council being satisfied that the role is independent, adequately resourced and does not give rise to a conflict of interest under UK GDPR requirements.

 

Delegated actions of the Clerk to the Council shall be in accordance with Standing Orders, Financial Regulations and this Scheme of Delegation whilst in line with directions given by the Council from time to time.

 

Absence of the Clerk/RFO
In the absence of the Clerk/RFO, delegated authority may be exercised by an officer formally appointed by the Council, or by such other person as the Council has authorised, subject to any limits set by Council, Standing Orders, Financial Regulations and this Scheme. Where no such appointment has been made, urgent matters shall be referred to the Chairman and Vice-Chairman of Council for consideration of whether an extraordinary meeting is required.

 

Matters involving the Clerk/RFO
Where a matter directly concerns the employment, conduct, grievance, appraisal, remuneration or performance of the Clerk/RFO, the Clerk/RFO shall not exercise delegated authority in respect of that matter, except to provide factual information or arrange professional advice when requested. Such matters shall be dealt with under the Council’s adopted HR policies and by the appropriate committee, panel or Council.

 

Council

The following are reserved matters for the Council to decide, notwithstanding that the appropriate Committee(s) may make recommendations thereon for the Council’s consideration.

  • Appointment of the Clerk/RFO following a recommendation from the HR committee
  • Electing the Chairman and Vice Chairman of Council
  • Setting the Annual Budget
  • Setting the Precept
  • Borrowing money
  • Appointment to a Committee
  • Approval of the Council’s Annual Accounts and completion of the Annual Governance and Accountability Return (AGAR
  • Making, amending or revoking Standing Orders, Financial Regulations, Terms of Reference or this Scheme of Delegation
  • Making, amending or revoking bylaws
  • Making of Orders under any statutory powers
  • Matters of principle or policy
  • Nomination and appointment of representatives of the Council to any other authority, organisation or external body (excluding conferences, events 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
  • Matters relating to the Council’s Code of Conduct except for administrative receipt and referral of complaints by the Proper Officer where required
  • Approval of the Calendar of Meetings
  • Appointment or nomination by the Council of persons to fill vacancies on outside bodies arising during the Council year
  • Filling of vacancies occurring on any Committee of the Council during the Council year
  • Agreement to take on new, including devolved, services
  • Prosecution or defence in a court of law
  • Approval of absence for the purposes of section 85 of the Local Government Act 1972.Matters relating to use of the General Power of Competence including confirmation of eligibility at the relevant annual meeting following ordinary elections

 

Urgent matters

Where an urgent decision is required and it is not practicable to convene a meeting in time, the Clerk/RFO may act under delegated authority after consultation, where possible, with the Chairman and Vice-Chairman of Council or the Chairman of the relevant committee.

 

This power may be used only where delay would risk harm to people, property, service continuity, legal compliance or the Council’s interests. It may not be used for matters reserved to Full Council.

 

Emergency expenditure may be incurred only within the limits set out in the Council’s Financial Regulations, unless immediate action is necessary to protect life, property, legal compliance or essential services.

 

Any action taken under this provision shall be recorded in writing, including the reason for urgency, the authority relied upon, consultees, financial implications and any follow-up action required, and shall be reported to the next appropriate meeting.

 

Standing Committees

Subject to the foregoing, and to observance of decisions of the Council on matters of principle or policy, all the Council’s powers and duties shall be delegated to the Standing within their approved Terms of Reference, budgets and Financial Regulations.

 

The acts and proceedings of a Committee shall:

(a) where they are delegated to the Committee, so far as is legally permissible be deemed the acts and proceedings of the Council;

(b) as regards other matters, be subject to confirmation by the Council, and when confirmed shall be deemed the acts and proceedings of the Council;

(c) in all respects be subject to the provisions of the Council’s Standing Orders and Financial Regulations except as otherwise determined by the Council.

 

The Council may at any time without prejudice to executive action already taken revoke any executive power delegated to a committee.

 

Any Committee may refer specific matters to the Council for a final decision if it so wishes.

 

Note: It is vital that the HR Committee keeps confidential its deliberations and decisions in cases of grievance, disciplinary and capability hearings, because if an appeal against a decision is received it must, legally and in the interests of fairness, be heard again by elected members with no prior knowledge of the case. The composition of any appeal panel must preserve impartiality and avoid prior involvement

 

Sub Committees

Every Committee may appoint Sub-Committees whose terms of reference and members shall be determined by the parent Committee as identified in Standing Orders. The Chairman of the Committee shall be members of every Sub-Committee appointed by it unless they signify that they do not wish to serve.

 

Working/Steering Groups/Parties

Working/Steering Groups/Parties may be formed by resolution of the Council or a Committee at any time. The work of such a Working/Steering Group/Party will be decided upon at the time it is formed by means of a minute detailing the Terms of Reference. Each Working/Steering Group/Party will report back with recommendations to the Council or the Committee that formed it. The Working/Steering Group/Party will be disbanded by resolution of Council or the parent Committee to which it reports once it has completed its agreed objectives. Working groups are not decision-making bodies and have no authority to incur expenditure, instruct staff or contractors, or make commitments on behalf of the Council unless expressly authorised.

 

 

 

[1] Adopted by Full Council at the meeting held on Wednesday 6th May 2026 under minute FPC59/26. Due for review in May 2027.