Scheme of Delegation

Revision record 

Date	Version	Revision Description
01/04/2015	1	Effective for New Council
04/02/16	2.a  – in draft	Revised draft for SMT consideration
25/02/16	2.b – in draft	Draft for SMT consideration – incorporating initial feedback
29/02/16	2	Approved by Council – 07/03/16
10/05/17	3.a	Revisions for SMT consideration
17/05/17	3.a.2	Additional revisions for SMT
23.05.17	3	Draft for consideration at P&R
06/06/17	4	Draft (Final) to AGM
04/09/17   05/06/18	5   6	Amendment agreed by Policy & Resources Committee 14.08.17 and approved by Full Council   Revisions for 2018 AGM
20/03/19	7	Revisions Presented to Council
20/05/19	8	Presented to AGM
01/06/20	9	Revisions Presented to Council
12/05/2021	10	Revision presented to Policy and Resources Committee
16/05/2022   06/06/2022	11   12	Revision presented to Policy and Resources Committee   Presented to AGM
31/01/2023	13	Revisions presented to December 2022 Council

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CONTENTS

Introduction 

Section A – General Provisions

1... Context

2... Extent of Delegation

3... Reservations to the Council – Powers which cannot be delegated

4... Delegations to Committees

5... Delegations to Officers

6... Review

SECTION B – Powers reserved to Council

SECTION C – Powers delegated to Committees

1... Planning Committee

2... Audit and Scrutiny Committee

3... Borough Growth Committee

4... Direct Services Committee

5... Policy and Resources Committee

6... Miscellaneous

SECTION D – Powers delegated to Officers

1... Context

2... Stipulations governing the exercise of powers by Officers

3... General Delegated Functions

4... Environmental Health Delegated Functions

5... Building Control Delegated Functions

6... Street Trading delegated functions

7... Road closure order delegated functions

8... Licensing

9... Prosecution under the Local Government Act 1972

Appendix A – Scheme of Authorised Officers (Planning) - Available for inspection from the Chief Executive

Appendix B – Scheme of Authorised Officers (Public Protection, Health and Wellbeing) - Available for inspection from the Chief Executive

Appendix C – Approval Thresholds

Appendix D – OMT Decision Panel Terms of Reference

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Mid and East Antrim Borough Council’s Committee governance structure is set out below:

Scheme of Delegation for Planning Committee

As part of the preparation for the transfer of Planning functions, the Scheme of Delegation relating to decision making at the Planning Committee was agreed at the meeting of Council in January 2015. This Scheme of Delegation relating to the Planning Committee is incorporated into the overall Scheme of Delegation for Mid and East Antrim, and is subject to regular review. This scheme is set out at page 17.

Regulatory Services

As part of the normal business practice of the regulatory services within Council, a number of Officers have been authorised to discharge functions relating to Environmental Health and Building Control. This includes serving statutory notices, implementing legislation, and discharging liabilities in accordance with legislation.

Other service areas – e.g. HR, Grants

There are a range of other services areas which may be included in a Scheme of Delegation, to ensure the efficient operation of Council business.

The Scheme of Delegation was originally agreed by Mid and East Antrim District Council in March 2015, for implementation from 1 April 2015.  The Chief Executive conducted a full review to consider the practical operation of the Scheme and to ensure administrative efficiency and changes in Council personnel were reflected. The revised Scheme was agreed by Council on 7 March 2016. The Scheme is subject to an annual review and is brought before the AGM for agreement.

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Any list will be made available to the public when requested.

1.9 Where the exercise of a delegated power involves considerations within the remit of another Director, the Officer exercising the power shall consult with the Chief Executive/relevant Director prior to taking any final decision.

1.10 Authority to exercise any delegated power shall include authority to take all reasonable necessary actions of an incidental or consequential nature.

1.11 The Scheme shall be reviewed annually and approved at the Council’s Annual General Meeting.

2. Extent of Delegation

2.1 The Council can only delegate to a Committee, an Officer of the Council or a Joint Committee. Unless the Council states otherwise, Committees may further delegate to Officers.

2.2 Officers with delegated powers can delegate to other Officers but this does not release them from the responsibility arising from the exercise of the authority that has been delegated to them in this Scheme. When Officers further delegate their powers, they have to record this in writing.

2.3 Where a responsibility has been further delegated, there is nothing to prevent the Committee or person who was originally given delegated powers under this Scheme from dealing with the responsibility themselves or from withdrawing or amending the delegation.

2.4 The Scheme will apply to all permanent staff, temporary staff, agency and contract workers working for Mid and East Antrim Borough Council.

2.5 Every decision taken under a delegated power is considered to be a decision of the Council.

3. Reservations to the Council – Powers which cannot be delegated

3.1 In terms of the law, full Council must exercise certain responsibilities. However, there are also certain matters that the Council has chosen to deal with itself. These are detailed at Section B and the Council has decided that these powers will not be delegated.

3.2 The Council is the main scrutiny and debating forum for issues affecting the Borough and for the provision of democratic leadership and promotion of the area’s well-being. It exercises Strategic Leadership for the area and promotes the Council’s vision and core values.

3.3 The Council’s powers which cannot be delegated in legislation are set out in the Local Government Act (Northern Ireland) 2014 [1]. Mid and East Antrim Borough Council will not delegate the following functions:

a) appointing the Mayor, Deputy Mayor and all positions of responsibility:
b) establishing Committees and determining the delegation of functions to these;
c) appointing Members to serve on Joint Committees;
d) making a district rate under the Rates (Northern Ireland) Order 1997;
e) making a determination under section 13(1) of the Local Government Finance Act (Northern Ireland) 2011 (affordable borrowing limit) and monitoring an amount determined under that subsection;
f) borrowing money;
g) acquiring or disposing of land;
h) approving, reviewing and amending the Council’s Standing Orders, Scheme of Delegation, and Financial Regulations;
i) approving the strategic objectives and the corporate policies which may have a significant impact on the Council’s strategic objectives, corporate policies or its resources;
j) making, altering or cancelling any Scheme made under any enactment;
k) determining  whether   to   co-operate  or   combine  with   other  local authorities in providing services;
l) determining any issues relating to the maintenance of standards and conduct;
m) determining the delegation of functions and powers to Committees;
n) taking any other decisions which cannot by law be delegated to a Committee or Officer.

[1] In particular, part 3 – Positions of Responsibility and Part 4 – Discharge of Functions

3.4 Council has a statutory function to appoint the Clerk and Chief Executive in accordance with Section 41 of the Local Government Act (Northern Ireland) 1972:-

S 41 (1) Every Council shall appoint a clerk of the Council and shall also appoint such other officers as the Council thinks necessary for the efficient discharge of the functions of the Council.

Section D, 3.5 delegates powers to officers in respect of the recruiting, selecting and appointing successful applicants to posts in line with the employment policies and practices adopted by Council. This applies to any other officer of the Council with the exception of the post of Clerk and Chief Executive.

There shall be a Personnel Committee

Council delegate the following powers to the Personnel Committee: -

• To establish, at the appropriate time, a panel of members as the ad hoc sub-committee in relation to the Selection and appointment of the Clerk and Chief Executive.
• Remuneration and Appraisal of Clerk and Chief Executive.

 

• Oversight of Council’s Attendance Policy in relation to long term absence and permanent ill health review relating to Chief Executive.
• Responsible for absence review processes to include but not limited to liaising and holding meetings with the Chief Executive.
• Make a referral to Occupational Health Services and seek advice from Occupational Health Services, as appropriate.
• Make recommendations and consider action plans for return to work, as appropriate. 
• Consider and hear evidence presented at a Final Absence Hearing considering the relevant information.
• Possible outcomes in relation to capability due to long term absence or permanent ill health are:
  • Take no further action
  • Recommend informal resolution or other appropriate procedures
  • Refer back to the Occupational Health Services for further investigation and report
  • Recorded oral warning
  • Defer any decision pending further review
  • Action plan for return to work including redeployment (temporary or permanent) or phased return.
  • Dismissal with notice or pay in lieu of notice.

3.5 Selection and Appointment of Clerk and Chief Executive

Council shall delegate powers in respect of the selection and appointment of the Clerk and Chief Executive to an ad hoc Committee of Council. The Committee will be chaired by the Chairperson of the Local Government Staff Commission and / or the appropriate external body or as directed by the Department for Communities. The membership of the Committee will include a broad membership as practicable to reflect gender, community background and being politically balanced and reflective of the broader make-up of Council. At the appropriate time advice will be provided to Council as to the membership of the ad hoc Committee.

3.6 Discipline, capability and redundancy of Clerk and Chief Executive

Council have approved the procedure relating to Discipline, Capability and Redundancy of the Clerk and Chief Executive. Council delegate the following powers to the relevant Committees in accordance with this procedure.

The Preliminary Investigation Committee shall have powers delegated by Council to:-

3.6.1  establish whether the issue requires no further formal action under this procedure; or

3.6.2  the issue requires further consideration and should be referred to an Independent Person for full investigation.

The Investigating and Disciplinary Committee shall have powers delegated by Council to:-

3.6.3  Take no further action

3.6.4  Recommend information resolution or other appropriate procedures

3.6.5  Refer back to the Independent Person for further investigation and report

3.6.6 Take disciplinary action against the chief executive as outlined below:

- Recorded oral warning
- Written warning
- Suspension on half pay or no pay for a specified period
- Relegation (e.g. a reduction in salary) for a specified period
- An invitation to resign or accept retirement
- Dismissal with notice.

The Appeals Committee shall have powers delegated by Council to:-

3.6.7 Hear appeals against action taken short of dismissal and to take a decision either to confirm the action or to award no sanction or a lesser sanction.

3.7     Council in accordance with the Discipline, Capability and Redundancy procedure may appoint an Independent Person. Council delegate powers to the Independent Person to:-

3.7.1  To recommend that no further steps (whether by the authority or any committee, sub-committee or officer of theirs) should be taken in respect of the disciplinary action proposed or contemplated;

3.7.2  To recommend that any suspension shall end, and the Clerk and Chief Executive shall be reinstated;

3.7.3  To recommend that no steps towards disciplinary action or further disciplinary action against the Clerk and Chief Executive, other than steps taken in the presence or with the agreement of the Independent Person are to be taken, before a report is made;

3.7.4  To inspect any relevant documents in the possession, or under the control, of the authority, and any other documents which any person is prepared to show to him;

3.7.5  To require any employee of the authority to answer questions concerning the conduct of the Clerk and Chief Executive providing that if any such employee has not been called to give evidence the person presenting the complaint on behalf of the authority and the Clerk and Chief Executive (or his representative) may question the employee (in an appropriate forum) on the answers given to the Independent Person.

3.7.6  The report of the Independent Person shall:-

- State his opinion as to whether (and if so the extent to which) the evidence he has obtained supports any allegations of misconduct against the Clerk and Chief Executive; and

- Recommend the disciplinary action (if any is appropriate) or range of actions which appear to him to be appropriate for the authority to take against the Clerk and Chief Executive.

- The Independent Person shall at the same time send a copy of his report to the Clerk and Chief Executive.

4. Delegations to Committees

4.1 The Council wishes to ensure that its decision-making occurs in as efficient and effective a way as possible, whilst providing robust mechanisms to ensure transparency and accountability of the decision-making process.

4.2 Consequently, the Council has made provision in its Standing Orders, under Section 7 of the Local Government Act (Northern Ireland) 2014, for the establishment of the following Committees to discharge functions on its behalf:

• Planning Committee;
• Borough Growth Committee;
• Direct Services Committee;
• Policy and Resources Committee;
• Audit and Scrutiny Committee;
• Personnel Committee.

5. Delegations to Officers

5.1 The Council’s approach to delegation has been influenced by its commitment to facilitate community participation in the decision-making process and to delegate to senior Officers.

5.2 Officers can be granted delegated powers by Council, a Committee or another Officer. The approach employed by the Council is to require delegations to be to the Chief Executive and/ or one or more of the Council’s Directors, Heads of Service, Heads of Service sitting as a Decision Making Panel or other appropriate officers as detailed in Section D of the scheme.

5.3 As set out above, delegated authority granted to these Officers can be further delegated, however such delegation must be requested of the Chief Executive, who will maintain a register of such delegations.

5.4 Delegations that have been agreed for the Chief Executive and Directors are a mix of general delegations (that is, each of the Officers listed is similarly empowered) and specific delegations (that is, the delegations are specific to individual Officers). When exercising any delegated authority, Officers must have regard to a variety of stipulations that the Council has decided should govern and influence the exercise of delegated powers.

5.5 The only exceptions to the practice of routing all Officer delegations through the Chief Executive and Directors arise through statutory appointments. In terms of various statutes, the Council is required to appoint Officers for a variety of purposes. Officers appointed to perform these statutory functions are empowered to take the action that is implicit in their roles.

5.6 Council may require Officers to provide information about the exercise of certain specified categories of delegated authority. Additionally Officers may choose to make available such information about the exercise of other categories of delegated authority.

5.7 Council and relevant committees will regularly be provided with an overview of decisions either taken or about to be taken by Officers under delegated authority. Such decisions include, for example, those relating to certain planning applications, building certificate applications and some decisions relating to licensing and grant applications.

6. Review

6.1 This is Mid and East Antrim Borough Council’s Scheme of Delegation. To ensure that it is fit for purpose, the Scheme will be subject to annual review and presented to Council at the AGM.

6.2 Between reviews, arrangements are made for the publication of amendments to the Scheme arising from decisions by Council or made necessary by changes in legislation or policy.

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SECTION B – Powers reserved to Council

1.1 The Council’s powers which cannot be delegated in legislation are set out in the Local Government Act (Northern Ireland) 2014 [2]. Mid and East Antrim Borough Council will not delegate the following functions:

a) appointing the Mayor, Deputy Mayor and all positions of responsibility:
b) establishing Committees and determining the delegation of functions to these;
c) appointing Members to serve on Joint Committees;
d) making a district rate under the Rates (Northern Ireland) Order 1997;
e) making a determination under section 13(1) of the Local Government Finance Act (Northern Ireland) 2011 (affordable borrowing limit) and monitoring an amount determined under that subsection;
f) borrowing money;
g) acquiring or disposing of land;
h) approving, reviewing and amending the Council’s Standing Orders, Scheme of Delegation, and Financial Regulations;
i) approving the strategic objectives and the corporate policies which may have a significant impact on the Council’s strategic objectives, corporate policies or its resources;
j) making, altering or cancelling any Scheme made under any enactment;
k) determining  whether   to   co-operate  or   combine  with   other  local authorities in providing services;
l) determining any issues relating to the maintenance of standards and conduct;
m) determining the delegation of functions and powers to Committees; and
n) taking any other decisions which cannot by law be delegated to a Committee or Officer.

[2] In particular, part x – Positions of Responsibility and Part x – Discharge of Functions

1.2 Section 7(1) of the Local Government Act (Northern Ireland) 2014 allows for Council to arrange for the discharge of all other functions by a committee, sub-committee, officer or any other council.

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• Applications attracting significant objections from statutory consultees, where the officer’s recommendation is to approve.

• Applications where the Head of Planning considers that the proposal merits consideration by the Committee.

• A legal agreement is required.

Part C – Development Plan, Enforcement and Determination of Other Matters

As well as determining planning applications, the Council will also have to administer the enforcement of planning and the processing of other planning consents. Part 4 Section 7 (4) (b) Local Government Act (Northern Ireland) 2014 allows a council committee to delegate to an officer of the council.

The Planning Committee shall be required to consider and determine: -

• Approve The Statement of Community Involvement.

• Agree the Local Development Plan Timetable and any subsequent revisions prior to submission to the Department for Infrastructure.

• Agree the Plan Strategy and Local Policies Plan for the Council area prior to ratification by the full council.

• The making of a Tree Preservation Order, where there are unresolved objections to the provisional order.

• Confirmation of a Provisional Tree Preservation Order.

• Determination of Completion Notices.

• Determination of Discontinuance Notices.

• Determination of a Revocation Orders

• Modification and Discharge of Planning Agreements.

• Designation, variation or cancellation of a Conservation Area.

• Consultations from the Department on regionally significant planning applications, regional planning policy and planning legislation.

The following matters are delegated to the appointed officer:

• The research, analysis, evaluation of information and drafting of Plan Strategy and Local Policies Plan, including representing the Council at the Independent Examination.

• To monitor the uptake of zoned land within the Local Policies Plan.

• The serving of a provisional Tree Preservation Order.

• The investigation of formal planning enforcement proceedings through the issuing of enforcement notices, stop notices, temporary stop notices, fixed penalty notices, and planning contravention notices.

• The formal reporting of planning enforcement matters to the Public Prosecution Service/Commencement of proceedings in a Magistrates Court, subject to the Chairman and Vice Chairman of the Planning Committee being informed.

• Application to the Courts for Injunctions, subject to the Chairman and Vice Chair of the Planning Committee being informed.

• Authority to apply to the Magistrates Court for a warrant to entre land and/or buildings in accordance with the powers provided in the Planning Act (Northern Ireland) 2011.

• Determination of any application for a Certificate of Lawful Development.

• Determination of any application for Listed Building Consent.

• Determination of any application for Conservation Area Consent.

• Determination of any application for Advertisement Consent.

• Determination of any application for carry out works to trees.

• Determination of any Hazardous Substance Consent.

• Applications for Non Material Changes.

• Determination of applications for Certificates of Alternative Development Value.

• Determination of applications for Urgent Crown Development and Crown Listed Building Consent.

• The Serving of a Temporary Listed /Building Preservation Notice.

• Determination of a Correction Notice.

• Discharge of Planning Conditions.

• Registering Notices and Charges in the Statutory Charges Register.

• To make determinations under Section 46 (Power to Decline).

• To make determinations under Section 48 (Power to decline).

• Determination of the type of planning appeal and amendments to Councils case during the course of the appeal, subject to consultation with the Chair of the Planning Committee as deemed appropriate by the Head of Planning.

• Negotiating Section 76 Planning Agreements including developer contributions on planning applications prior to a final decision being taken by the Planning Committee.

• The preparation of evidence on behalf of Council and defending planning decisions at Planning Appeals, Independent Examinations and other Hearings.

• Responding to minor consultations on planning matters on behalf of the Council.

• In respect of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 or any successor legislation, to
  • Issue screening opinions determining whether developments fall within Schedule (1) and (2).
  • Issue scooping opinions as to the information to be provided in any statement, and
  • Undertake appropriate consultations and notifications.
  • Determine whether an application should be accompanied by an Environmental Statement.

• In respect of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland 2015 or any successor, to
  • Consideration and approval of a waste management plan

• All other statutory powers connected to the exercise of the planning functions which have been transferred to Council and are not specifically listed shall be deemed to be delegated unless otherwise provided for within this scheme.

• Engage freely with the Planning Appeals Commission at the Independent Examination pre-hearing stage.

• To provide additional information or to request same, where the Commissioner deems this necessary.

• Agree minor, typographical or factual changes or modifications to the Local Development Plan documents.

• Agree changes to the justification and amplification text, for example to provide greater clarity on a particular policy.

• Agree and propose changes to a particular policy or proposal in the draft Local Development Plan document, where that change would not fundamentally alter the thrust of that policy / proposal, or the change is necessary to make the policy / proposal sound, with no substantive implications for other aspects of the Plan or overall objectives of the policy.

Part D - Publicity

The Council has made a copy of this Scheme of Delegation available on the Council’s website at www.midandeastantrim.gov.uk. It is also available on request at Mid and East Antrim Borough Council, Silverwood Business Park, 109 Raceview Road, Broughshane, Ballymena, BT42 4HZ

A Public Notice has been placed in the local press.

2. Audit and Scrutiny Committee

2.1 Council has delegated to the Audit and Scrutiny Committee those functions in relation to good governance.

2.2 All functions will be in line with the Committee’s agreed Terms of Reference.

3. Borough Growth Committee

3.1 Council has delegated to the Borough Growth Committee those powers conferred on it under Article 8, Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 and those functions transferring from central government.

3.2 All functions will be in line with the Committee’s agreed Terms of Reference.

4. Direct Services Committee

4.1 Council has delegated to the Direct Services Committee those powers conferred on it under by the Local Government Act (Northern Ireland) 1972 and Parts 10 and 11 of the Local Government Act (Northern Ireland) 2014.

4.2 All functions will be in line with the Committee’s agreed Terms of Reference.

5. Policy and Resources Committee

5.1 Council has delegated to the Policy and Resources Committee those powers conferred on it under the Local Government Finance Act (Northern Ireland) 2011 and functions related to the development of policy and effective financial management.

5.2 All functions will be in line with the Committee’s agreed Terms of Reference.

6. Personnel Committee

Council has delegated to the Personnel Committee those powers conferred on it under the Local Government Finance Act (Northern Ireland) 2011 and functions related to the development of policy and effective financial management.

All functions will be in line with the Committee’s agreed Terms of Reference.

7. Miscellaneous

7.1 Council may establish Task and Finish Working Groups to address specific issues, and will delegate the appropriate powers to enable a working group to fulfil its terms of reference. Task and Finish Working Groups have no decision-making powers and make recommendations to their sponsor Committee.

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SECTION D – Powers delegated to Officers

1. Context

1.1 Under this Scheme, delegations can be made to the Clerk and Chief Executive and/or one or more of the following officers or groups of officers:

• Directors
• Heads of Service
• Directors sitting as SMT
  Heads of Service sitting as a Decision Making Panel of OMT

1.2 Delegated authority granted to the above Officers can be further delegated (as per Section A, 2.2 and 5.4), however, this does not release the authorised Officer from the responsibility arising from the delegated power within this Scheme. Accountability remains with the authorised Officer as specified.

1.3 Delegations that have been agreed for the Clerk and Chief Executive and Directors are a combination of general delegations (that is, each of the named Officers specified is similarly empowered) and specific delegations (that is, the delegations are specific to individual Officers). When exercising any delegated authority, Officers must have regard to the variety of stipulations that govern and influence the exercise of delegated powers as summarised in Section D.

2. Stipulations governing the exercise of powers by Officers

2.1 Where the exercise of a delegated function requires consultation with the Mayor/Chairperson of a Committee, the Deputy Mayor/Vice- Chairperson of a Committee may act in the absence of non-availability of the Mayor/Chairperson.

2.2 Officers must use the authority delegated to them in:

• The interests of Mid and East Antrim Borough Council and in accordance with the provisions of this Scheme, Financial Regulations, Standing Orders and budgetary frameworks;

• Accordance with the corporate objectives and policies of the Council;

• Accordance with relevant legislation.

2.3 The Chief Executive and Directors, notwithstanding his/her power of delegation, may refer a matter to the relevant committee in any case involving controversy or unusual circumstances.

2.4 In exercising the authority delegated to them, Officers must consult with the Clerk and Chief Executive in respect of matters which are sensitive or complex in nature, or where legal, administrative, financial or other advice or guidance is necessary.

(All recruitment (Council or Agency) is embargoed, with approval required from Chief Executive).

2.5 Decisions made by officers under delegated authority are not subject to reconsideration under ‘Call-in’ Part 7, paragraph 41 of the Local Government Act (NI) 2014, which applies only to decisions made by the Council or a Committee of the Council, the procedure for which is detailed in the Councils Standing Orders.

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