Scheme of Delegation page 2
Continued from previous page
3. General Delegated Functions
It should be noted, that in cases where the delegation is given to:
- ‘Directors sitting as SMT: the requirement will be for a quorum of three SMT members present.
- ‘Heads of Service sitting as a Decision Making Panel of OMT’: the requirement will be for a quorum of five OMT members present.
|
Function |
Delegated Officer |
3.1 |
Emergencies and cases of urgency |
|
3.1.1 |
Taking such measures as may be required in emergency situations, or in cases of urgency, subject to advising the Mayor or the appropriate Chairperson and reporting to the appropriate Committee/full Council as soon as possible.
Where such measures involve the Council incurring expenditure the Head of Finance should be advised and a report submitted to the Council and/or relevant committee as soon as possible thereafter. |
Chief Executive
All Directors |
3.2 |
General administration |
|
3.2.1 |
Taking all necessary action for the effective day- to-day management, administration and supervision of the Department and of the services and premises for which the Chief Executive/Director/Head of Service is responsible. |
Chief Executive
All Directors and Heads of Service |
3.2.2 |
In accordance with the corporate priorities and key tasks set out in the Corporate and Service Plans, Officers are responsible for implementing relevant actions, initiatives and events provided that:
|
Chief Executive
All Directors and Heads of Service |
|
Function |
Delegated Officer |
3.2.9 |
Approving payment to employees for damage to clothing, eye tests, etc. up to a limit of £500 where the damage is attributable to a work related cause. |
Chief Executive
Head of Finance |
3.2.10 |
Power to approve business cases, economic appraisals, feasibility studies, viability studies and
concept designs on proposed capital development as set out in Appendix B. |
Chief Executive
Directors sitting as SMT
Heads of Service sitting as a Decision Making Panel of OMT |
3.2.11 |
Initiating legal proceeding with regard to the recovery of debts, the enforcement of contractual rights, the service of notices, the prosecution of statutory offences and the instituting and defending of claims and proceedings affecting the Council.
Briefing Counsel and taking Counsel’s opinion and engaging external legal assistance as required.
|
Chief Executive
Directors and Heads of Service
Corporate Solicitor |
3.2.12 |
Settling Insurance claims provided any settlement is on the advice of the Council’s insurance broker, legal representations relevant Head of Service or Director.
|
Chief Executive
Director |
3.2.13 |
Making bids for external funding subject to prior agreement by the relevant Committee, except where capital match funding is required from the Council or on-going revenue spend will be required, in which case approval must be obtained from Council before any bid is submitted. In circumstances where funding opportunities have a short application window, applications to be submitted subject to retrospective approval by Council and in the context that the application could be withdrawn if the approval is not granted. |
Chief Executive
Directors sitting as SMT |
|
Function |
Delegated Officer |
3.2.14 |
Review and approval of minor operational amendments to Council policies.
NB: any significant changes will require Council/Committee approval. |
Chief Executive
Directors sitting as SMT
Heads of Service sitting as a Decision Making Panel of OMT |
3.2.15 |
Power for Officers to make contributions to Associations, Partnerships etc up to the value of £10,000.
Contributions over the value of £10,000 to be approved by relevant Committee or Council.
|
Chief Executive
Directors sitting as SMT |
3.2.16 |
Approval of requests to hold events on Council owned land, in line with appropriate procedures and standard requirements, provided that there are no issues identified, to be delegated to Decision-making panel of OMT.
In the event of a non-routine event, a new event or an event with potentially contentious issues, SMT would consider the request.
A monthly report will be provided to Council, copied to SMT for information purposes.
|
New or significant events: Chief Executive
Directors sitting as SMT
Heads of Service sitting as a Decision-making panel of OMT |
3.2.17 |
Comments to Transport NI on applications and Renewals for Bus Operators Licences – authority granted to Chief Executive to respond in conjunction with Members and retrospectively report to Council through the Operations Committee |
Chief Executive
Director of Operations |
3.3 |
Procurement |
|
|
Function |
Delegated Officer |
3.3.1 |
Procuring Goods and Services via quotations and tender evaluations in line with Council’s Procurement Policy. |
In line with the Procurement Policy |
3.3.1.b |
Procuring Goods and Services via Direct Award Contract (Previously known as Single Quote Actions and Single Tender Actions) in line with Procurement Policy. |
In line with the Procurement Policy |
3.3.2 |
Tender documents issued, received and opened using an e-portal to ensure a full electronic audit trail is provided. |
Chief Executive
Head of Digital Innovation and Procurement
Procurement Officers |
3.3.3 |
Procuring goods and services or works where the Council has approved the business case/economic appraisal and the award is in accordance with the predetermined award criteria |
Chief Executive
Directors and Heads of Service |
3.3.4 |
Making arrangements for the supply of goods and services pursuant to S105, Local Government Act (Northern Ireland) 1972 |
Chief Executive
Directors and Heads of Service |
3.3.5 |
Taking action to ensure contract compliance and negotiating claims and contract variations. |
Chief Executive
Directors and Heads of Service
Capital Works Manager
|
3.3.6 |
Signing of contractual documents in accordance with Council policy. |
Chief Executive
Directors and Heads of Service |
3.3.7 |
Approving extensions and renewals to contracts where permissible within the original documentation and subject to the Council’s Procurement Policy. |
Chief Executive
Directors and Heads of Service |
|
Function |
Delegated Officer |
3.3.8 |
Approving amendments or variations to contracts which will have an impact on the value of the Contract. |
Chief Executive Directors
Heads of Service |
3.3.9 |
Referring contracts to arbitration, terminating contracts, withholding payment, enforcing contract terms and serving notices in accordance with the contract conditions and the Council’s Procurement Policy. |
Chief Executive
Directors
Heads of Service
|
3.4 |
Asset Management |
|
3.4.1 |
Serving Notices to Quit, Notices seeking possession and tenant’s notices in relation to Council property. |
Chief Executive
Director of Corporate Services |
3.4.2 |
Management of leases, wayleaves and payments for same.
In accordance with policy and dependent on value. |
Chief Executive
Directors sitting as SMT
Corporate Solicitor |
3.4.3 |
Disposal of assets other than land and property as per the Asset Disposal Policy. |
Chief Executive
Director of Corporate Services
Heads of Service |
3.4.4 |
Power to renew existing lease agreements up to a value of £30k per annum – this includes approving adjusted rents in respect of leases at Council land or property, following completion of the rent review process in accordance with the provisions of the leases. (All new lease agreements will be brought before Council for approval).
Lease agreements over the value of £30,000 to be approved by relevant Committee or Council.
|
Chief Executive
Director of Support Services
Corporate Solicitor |
|
Function |
Delegated Officer |
3.4.5 |
Agreement of Wayleaves to progress extension/updating of utility equipment on Council land or property |
Chief Executive
Director of Corporate Services
Corporate Solicitor |
3.4.6 |
Agreement of Conacre Agreements/short term licences/temporary easements in respect of all Council land or property |
Chief Executive
Head of Service
Corporate Solicitor
|
3.4.7 |
Agreement of site investigation work, to include test boreholes, by potential purchasers of surplus Council land
Data Sharing Agreements
|
Chief Executive
Director of Corporate Services
Head of Service
|
3.4.8 |
Respond to Land & Property Services circulars in relation to disposal of surplus land in line with CAU guidance |
Chief Executive
Director of Corporate Services
Head of Service |
3.5 |
Human Resources |
|
|
Function |
Delegated Officer |
3.5.1 |
Recruiting, selecting and appointing successful applicants to posts in line with the employment policies and practices adopted by Council |
Chief Executive
Directors
Head of Human Resources and Organisation Development, depending on the scale and reporting arrangements of post. |
3.5.2 |
Recommending appointment above normal salary starting point (normal practice being appointment at the minimum of a salary grade band) in discussion with Human Resources and Organisational Development and in consultation with the relevant Head of Service.
|
Chief Executive
Head of HR & OD |
3.5.3 |
Agreeing, where required, “in consultation with the Finance Department” to an overlap period for the appointment of employees provided this can be accommodated for within budget
|
Chief Executive
Head of HR & OD, depending on the scale and reporting arrangements of post.
|
3.5.4 |
Determining the grading of any post by utilising an appropriate job evaluation mechanism. |
SMT
Director
|
3.5.5 |
Allowing/disallowing all requests for leave – of any kind- including requests for unpaid leave of absence in accordance with relevant Council policies and in consultation with the Head of Human Resources and Organisation Development where necessary. |
Chief Executive
Directors
Heads of Service
Line Managers in line with Council policies and procedures |
|
Function |
Delegated Officer |
3.5.6 |
Making arrangements for secondments and joint working with other Councils/external organisations |
Chief Executive
Head of HR & OD |
3.5.7 |
Terminating temporary posts to undertake special tasks, duties or projects which are required for a limited period.
In such cases, the main purpose and duration of the temporary post will be clearly defined and no additional expenditure over and above provision in Service estimates will be incurred. |
Chief Executive
Head of HR & OD depending on the scale and reporting arrangements of post. |
3.5.7.a |
Extending temporary posts including agency workers where budget is available within the service salaries budget in consultation with the Head of Service. |
Chief Executive
Appropriate Director
|
3.5.8 |
Providing confirmation of dates of employment and job titles for Council employees and ex-employees in consultation with the Head of Human Resources and Organisation Development. Note: this extends to employment references to agency workers.
|
Head of HR & OD |
3.5.9 |
Taking management action in relation to sickness absence, in line with the Council’s Attendance Policy |
Line Managers in conjunction with the Head of HR & OD or relevant HR Manager or Adviser, in line with appropriate sickness absence policy and procedures |
3.5.10 |
Making application for ill health or medical retirement in consultation with NILGOSC.
|
Chief Executive and Head of HR & OD
|
|
Function |
Delegated Officer
|
3.5.11 |
Taking action, in accordance with the Council’s employee relations policies and procedures – including but not limited to, grievances, dismissal and appeals as appropriate in respect of employees with the relevant service. |
In line with Council’s policies and procedures - with oversight by Head of HR & OD |
3.5.12 |
Terminating or varying contracts of employment in accordance with all relevant Council policies |
Chief Executive
All Directors and Heads of Service |
3.5.13 |
Authorising any employees to attend training and development events, technical visits and courses including conferences, exhibitions, workshops, seminars and meetings of appropriate professional associations subject to any relevant policies of the Council.
|
In line with Council Policies
Directors
HR Manager/OD & Learning Manager
|
3.5.14 |
Authorising payment of membership fees of professional organisations, where such membership is a requirement of the post and or listed in the Job Description/Person Specification.
|
Chief Executive
Head of HR & OD |
3.5.15 |
Authority to approve acting up and honorarium requests in accordance with Council policy and the NJC Green Book terms and conditions. A quarterly report to SMT provided. |
Chief Executive
SMT |
3.5.16 |
Authority to approve carry-over of annual leave up to nine days. |
All Line Managers in accordance with Policy |
3.5.17 |
Authorisation of Business Case for a new position. Report for information to SMT/P&R. |
Chief Executive
SMT
Head of HR & OD
Head of Finance
|
3.5.18 |
Authorisation of Business Case for flexible retirement subject to costs being under £50k.
Business Case for flexible retirement over the value of £50,000 to be approved by Council.
|
Chief Executive
Directors sitting as SMT |
3.6 |
Governance and Administrative |
|
|
Function |
Delegated Officer
|
3.6.1 |
Instructing the Corporate Solicitor to institute or defend proceedings in any court or tribunal. |
Chief Executive
Directors Corporate Solicitor |
3.6.2 |
Authorising Officers to attend court and appear on behalf of the Council during Insurance legal claims. |
Chief Executive
Directors
Heads of Service
Corporate Solicitor |
3.6.3 |
Applying to register any Land Charge, search the Land Charges Register pay any associated fee and request entries from Land Registry. |
Chief Executive
Director of Corporate Services
Corporate Solicitor |
3.6.4 |
Approving travelling and subsistence claims of Members in accordance with Council policies. |
Chief Executive
Democratic Services Manager |
3.6.5 |
Approving expenditure on payments in respect of routine public entertainments and ceremonies arising from the Council’s civic functions, receiving and entertaining distinguished persons and making official visits to others in accordance with pre-agreed budget |
Chief Executive
Director Corporate Services
Head of Corporate Services
|
3.6.6 |
Approval of resourcing the undertaking of Equality Impact Assessments (EQIA) where an EQIA is deemed necessary. |
Chief Executive
Director of Corporate Services
Head of Corporate Services
|
3.6.7 |
Deployment of Mobile CCTV camera, in line with the operational Guidance for CCTV |
Chief Executive
Director of Community
Head of Public Protection, Health and Wellbeing |
|
Function |
Delegated Officer
|
3.6.8 |
Transfer of excess NILAS allowances under the Landfill Allowance Scheme (NI) regulations (2004) in accordance with the NILAS Transfer Protocol, with updates provided to Operations Committee
|
Chief Executive
Director of Operations |
3.6.9 |
Approval for OMT to temporarily close or divert a Public Right of Way Under Article 19 of the Access to the Countryside (Northern Ireland) Order 1983, which permits Councils to temporary close a public path for a period up to three months and appropriate extensions.
19.—(1) If, on the application of the occupier of land over which there is a public path or any other person, the district council is satisfied that it is expedient in the interests of good farming or forestry or otherwise temporarily to close or divert the path, the district council may order the closure or diversion of the path for such period, not exceeding three months, as may be specified in the order.
(2) In deciding whether to make an order under paragraph (1) the district council shall take into account the interests of users of the path.
(3) Before refusing to make an order under paragraph (1) the district council shall consult the Department.
(4) On the making of an order under paragraph (1) the district council shall forthwith cause a copy of the order to be placed in a prominent position at the ends of the path close or diverted and maintained there throughout the period of closure or diversion.
Approval by the Chief Executive or Director of Community (on the grounds of Health and Safety Risk) to temporarily close or divert a Public Right of Way Under Article 19 of the Access to the Countryside (Northern Ireland) Order 1983, which permits Councils to temporary close a public path for a period up to three months and appropriate extensions.
|
Director of Community
Chief Executive; Director of Community |
|
Function |
Delegated Officer |
3.6.10 |
Cemetery Grave Certificates - Signatory on grave certificates to be signed by Parks & Open Spaces Manager on behalf of Mid and East Antrim Borough Council.
|
Parks & Open Spaces Manager (East Antrim) |
3.7 |
Finance |
|
3.7.1 |
Approval of and revision, as required, of a list of authorised officers in relation to purchases and invoices. |
Chief Executive
Head of Finance |
3.7.2 |
Approve a list of counterparty financial institutions in line with Council Treasury Policy. |
Chief Executive
Head of Finance |
3.7.3 |
Instruct Council’s counterparty financial institutions as to placing and refunding of Councils treasury deposits in line with the Treasury Policy. |
Chief Executive
Head of Finance
|
3.7.4 |
Approve advanced payment of all monthly and weekly payroll, PCSP payroll, Elected Member allowances and payment of all suppliers (goods and services). |
Chief Executive
Head of Finance
Authorised signatories. |
3.7.5 |
Authority to raise invoices to charge for the cost of services on behalf of Council, in line with Financial Management Policy and Procedures. |
Chief Executive
Directors
Heads of Service
Relevant Officers in line with Policy and Procedures |
4. Environmental Health Delegated Functions
4.1 |
Powers under Part 8, paragraph 49(2) of the Local Government Act (NI) 2014 |
|
4.1.1 |
The authorisation of staff in, or acting on behalf of, the Regulatory Service (where individual Officers are deemed proper and competent as specified in personal authorisation documentation) by the Head of Public Protection, Health and Wellbeing and Head of Planning and Building Control.
|
Chief Executive
Director of Community and Director of Development.
Head of Planning and Building Control
Head of Public Protection, Health and Wellbeing
Environmental Health Manager
|
4.1.2 |
The authorisation of staff to serve statutory notices, where individual Officers are deemed proper and competent (as specified in personal authorisation documentation) by the Head of Public Protection, Health and Wellbeing and Head of Planning and Building Control (or their deputy). |
Chief Executive
Director of Community and Director of Development
Head of Planning and Building Control
Head of Public Protection, Health and Wellbeing
Environmental Health Manager |
4.1.3 |
The making of recommendations for prosecution or the service of a formal caution on behalf of Council (where legislative provisions permit) and referral of case files to Council’s Legal Services for legal action on behalf of the Regulatory Service without prior approval of Council
|
Chief Executive
Director of Community and Director of Development.
Head of Planning and Building Control
Head of Public Protection, Health and Wellbeing
Environmental Health Manager |
4.2 |
Powers Under Article 148 of Regulation EU 2017/625 on Official Controls and other official activities performed to ensure the application of food and feed law rules on animal health and welfare, plant health and plant protection products. |
|
4.2.1 |
The grant of approval (conditional or full) to establishments in relation to official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare, without prior approval of Council. |
Chief Executive
Director of Community
Head of Public Protection, Health and Wellbeing
Environmental Health Manager
|
4.3 A full list of legislation and the Officers who have delegated authority to exercise the functions and powers given to Council under this legislation is available at Appendix B.
5. Building Control Delegated Functions
5.1 |
Powers under The Building Regulations (Northern Ireland) Order 1979 |
|
5.1.1 |
Article 13 – Power to approve plans; power to reject plans
Article 18 – Power to issue contravention notices in respect of work contravening building regulations. |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.2 |
The Local Government (Miscellaneous Provisions) (Northern Ireland) Order 1995 |
|
5.2.1 |
Article 11(7) – Power to issue notice on occupier of each house or other building in a street to ensure that house or building is at all times marked with such number as the council may approve. |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Regulation Manager |
5.3 |
Building Regulations (Northern Ireland) 2000 |
|
5.3.1 |
Article A12 – Power to issue Regularisation Certificates
Article A13 – Power to issue Completion Certificates |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.4 |
Building Regulations (Northern Ireland) 2012 |
|
5.4.1 |
Article A11 – Power to issue type approval certificate
Article A13 - Power to issue Regularisation Certificates
Article A14 - Power to issue Completion Certificates |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.5 |
The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 |
|
5.5.1 |
Article 33 – Power to issue a Penalty Charge notice |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.6 |
The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 |
|
5.6.1 |
Article 18 – Amendments to Power to issue a penalty charge notice |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.7 |
The Towns Improvement Clauses Act 1847 |
|
5.7.1 |
Section 75 as adopted by the Towns Improvement (Ireland) Act |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.8 |
Towns Improvement (Ireland) Act 1854 |
|
5.8.1 |
Section 39 (Ruinous & Dangerous Buildings) |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.9 |
The Public Health Acts Amendment 1907 |
|
5.9.1 |
Section 30 (Dangerous Places to be repaired or enclosed) |
Chief Executive
Director of Development
Head of Planning and Building Control
Building Control Manager
Senior Building Control Officer
Building Regulation Manager |
5.10 A full list of legislation and the Officers who have delegated authority to exercise the functions and powers given to Council under this legislation is available at Appendix C.
6. Street Trading delegated functions
6.1 |
Street Trading Act (Northern Ireland) 2001 |
|
6.1.1 |
Article 5, Grant Street trading Licence |
Direct Services Committee |
6.1.2 |
Article 5, Renewal of Street Trading Licence |
Director of Community
Head of Public Protection, Health and Wellbeing
|
6.1.3 |
Article 5, Variation of Street Trading Licence |
Director of Community
Head of Public Protection, Health and Wellbeing |
6.1.4 |
Article 10, Revocation of Street Trading licence |
Direct Services Committee |
6.1.5 |
Article 11, Variation of Street Trading Licence |
Director of Community
Head of Public Protection, Health and Wellbeing
|
6.1.6 |
Article 14, Issue of Temporary Licences |
Director of Community
Head of Public Protection, Health and Wellbeing
Environmental Health Manager
Principal Environmental Health Officer
|
6.1.7 |
Article 18, Seizure of Goods, receptacles or Equipment |
Director of Community
Head of Public Protection, Health and Wellbeing
Environmental Health Manager |
7. Road Closure Order – Delegated Functions
7.1 |
The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 |
|
7.1.1 |
Relevant Articles of The Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 |
Chief Executive
Director of Operations
Director of Community
Head of Public Protection, Health and Wellbeing
Direct Services Committee
Environmental Health Manager
|
8.1 |
Local Government (Miscellaneous Provisions) (NI) Order 1985 |
|
8.1.1 |
Article 3, Schedule 1, Item 3 – Grant of indoor and outdoor Entertainment Licence |
Direct Services Committee |
8.1.2 |
Article 3, Schedule 1, Item 3 – Renewal of indoor and outdoor Entertainment Licence
|
Director of Community
Head of Public Protection, Health and Wellbeing
|
8.1.3 |
Article 3, Schedule 1, Item 3 – Transfer of indoor and outdoor Entertainment Licence |
Director of Community
Head of Public Protection, Health and Wellbeing |
8.1.4
|
Article 3, Schedule 1, Item 7 – Variation of Entertainment Licence
|
Direct Services Committee |
8.1.5 |
Article 3, Schedule 1, Item 12 – Suspension of Entertainment Licence |
Direct Services Committee |
8.2 |
The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order |
|
8.2.1 |
Article 111(2) Grant or Refuse Amusement Permit |
Direct Services Committee |
8.2.2 |
Article 115(2) Renew Amusement Permit |
Director of Community
Head of Public Protection, Health and Wellbeing
|
8.2.3 |
Article 115(2) Refuse to Renew Amusement Permit |
Direct Services Committee |
8.2.4 |
Article 136(3) Registration of Society Lottery |
Director of Community
Head of Public Protection, Health and Wellbeing
|
8.2.5 |
Article 136(5) Refusal to Register Society Lottery |
Direct Services Committee |
8.2.6 |
Article 136(10) Revoke the Registration of a Society Lottery |
Direct Services Committee |
8.3 |
Petroleum (Consolidation) Act (Northern Ireland) 1929
|
|
8.3.1 |
Petroleum (Consolidation) Act (Northern Ireland) 1929
Section 4, Grant Petroleum Licence |
Direct Services Committee |
8.3.2 |
Petroleum (Consolidation) Act (Northern Ireland) 1929
Section 1(4) Transfer of Petroleum Licence |
Director of Operations
Head of Public Protection, Health and Wellbeing
|
8.3.3 |
Petroleum (Consolidation) Act (Northern Ireland) 1929
Section 4 Renewal of Petroleum licence
|
Director of Community
Head of Public Protection, Health and Wellbeing
|
8.4 |
The Petroleum (Transfer of Licences) Act (Northern Ireland) 1937 |
|
8.4.1 |
The Petroleum (Transfer of Licences) Act (Northern Ireland) 1937
Section 1(4) Transfer of Petroleum Licence |
Director of Community and Head of Public Protection, Health and Wellbeing
|
8.5 |
The Marriage (Northern Ireland) Order 2003 |
|
8.5.1 |
Article 18 Grant of a Place Approval or Temporary Place Approval for Marriage Ceremonies
|
Direct Services Committee |
8.5.2 |
Renewal of a Place Approval for Marriage Ceremonies |
Director of Community
Head of Public Protection, Health and Wellbeing
|