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:

• The Service Plan has been approved by Committee prior to any decision being taken;
• The Committee is kept advised by means by regular reports in relation to the exercise of this delegated power;
• The expenditure arising for the exercise of such decisions shall be within the overall expenditure limited within the Service plan and the annual Council estimates.

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

4.1

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

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

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

7.1

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