Scheme of Delegation page 2
Section C – 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
1.2 Delegated authority granted to the above Officers can be further delegated 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.
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, unless they are key decisions or decisions made by the Council or a Committee of the Council, the procedure for which is detailed in the Councils Standing Orders.
2.6 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.
2.7 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, Deputy Chief Executive and/ or one or more of the Council’s Directors, Heads of Service, or other appropriate officers as detailed in Section D of the scheme.
2.8 Council may appoint a Deputy Chief Executive for the purpose of acting in the place of the officer whenever the office is vacant, or the officer is for any reason is unable to act. The Deputy Chief Executive can carry out role of Chief Executive and the delegation when the Chief Executive is absent.
2.9 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.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
3. General Delegated Functions
It should be noted, that in cases where the delegation is given to:
- Heads of Service sitting as a Decision Making Panel of OMT’: the requirement will be for a quorum of five OMT members present.
| EXPENDITURE BANDS | DIRECT AWARDS CONTRACTS | BUSINESS CASE / ECONOMICAL APPRAISALS | TENDER RECOMMENDATIONS (of appointed suppliers) |
|---|---|---|---|
| £0 – £49,999.99 |
OMT Decision Making Panel (Quorum 5 Heads of Service) |
OMT Decision Making Panel | Central Procurement |
| Financial delegations | |
|---|---|
| Chief Executive | |
| Employment related terminations | Up to £150,000.00 |
| Direct Award Contracts | Up to £150,000.00 |
| Business Cases/Economic Appraisal | Up to £150,000.00 |
| Tender recommendations of appointed suppliers | Up to £150,000.00 |
| Contracts in accordance with Contracts Management Procedure | Up to £150,000.00 |
| Powers to make allocation from the Council Grants Scheme | Up to £150,000.00 |
| Directors | |
| Direct Award Contracts | Up to £100,000.00 |
| Business Cases/Economic Appraisal | Up to £100,000.00 |
| Tender recommendations of appointed suppliers | Up to £100,000.00 |
| Contracts in accordance with Contracts Management Procedure | Up to £100,000.00 |
| Powers to make allocation from the Council Grants Scheme | Up to £100,000.00 |
| Audit Committee | |
| Meeting of the Committee with the relevant quorum | Writing off loss or value up to £20,000 |
| Miscellaneous | |
| Meeting of the Committee with relevant quorum | Employment terminations over £150,000.00 |
| City Deal Project Only | |
| Director of Development Acting in their capacity as Senior Responsible Owner on City Deal Projects |
£150,000-£249,999 – Figure to be agreed for each project. Expenditure with a single or cumulative maximum in any reporting quarter up to the Total Delegated Authority Level. |
| Function | Delegated Officer | |
3.1 |
Emergencies and cases of urgency |
|
| 3.1.1 |
Taking such measures as may be required in emergency situations, during the pre-election period of heightened sensitivity, 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: i.The Service Plan has been approved by Committee prior to any decision being taken. ii.The Committee is kept advised by means by regular reports in relation to the exercise of this delegated power. iii.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 |
| 3.2.3 | Paying or reimbursing employees the cost of professional fees where the Council has decided it is necessary for the employee to be a member of a professional institution in connection with the carrying out of the employee’s duties. The Delegated Officer cannot approve reimbursement of their own professional fees. |
Chief Executive All Directors Head of Finance |
| 3.2.4 | Authorising appropriate payments to employees with respect to telephone, travel and subsistence allowances, standby and call out allowances, overtime, additional duties, costs of study courses, removal and relocation expenses, first aid allowance, PPE requirements for individual Safety equipment and expenses associated with DSE equipment e.g. chair in accordance with Council policies. The Delegated Officer cannot approve payment of their own costs. |
Chief Executive All Directors |
| 3.2.5 | Writing off any loss of money (including bad debts) and loss of stores and obsolete equipment and materials in accordance with Financial Management Policy up to the values determined by Council policy (£3,000) Money and items over the value of £3,000 to be approved by Audit and Scrutiny Committee. |
Chief Executive Head of Finance |
| 3.2.6 | Power to deposit surplus monies for investment according to the provisions with the Treasury Management Strategy of Council |
Chief Executive and Head of Finance |
| 3.2.7 | Powers for Officers to make allocation from the Council Grants Scheme up to the value of £2,500. Grant awards over the value of £2,500 to be approved by Policy and Resources Committee or appropriate delegated Committee. |
Chief Executive Heads of Service sitting as a Decision Making Panel of OMT |
| 3.2.8 | Authorising the virement of budgets. | Chief Executive Directors and Heads of Service |
| 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 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 taking any necessary legal action on Council’s behalf to include defending any claims and proceedings affecting the Council. Council’s in-house Corporate Solicitor is authorised to brief Counsel and taking Counsel’s opinion and engaging external legal assistance as required. Custom and practice in Northern Ireland allows solicitors to instruct barristers based on their expertise and experience. |
Chief Executive Directors and Heads of Service Corporate Solicitor |
| 3.2.12 | Settling Insurance claims, which include employment law 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 |
| 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 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 |
| 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 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 All Directors |
3.3 |
Procurement |
|
| 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 |
| 3.3.1b | 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 All Directors 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 |
| 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 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 – 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. New Lease agreements over the value of £30,000 to be approved by relevant Committee or Council. Leases and licences in respect of the ECOS Innovation Centre, as agreed by Council on 08 August 2017, are delegated to any Director, Head of Service and Corporate Solicitor to be approved and witness the signing and sealing of individual Licences and Leases granted. |
Chief Executive Director of Support Services Corporate Solicitor |
| 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/Deeds of Surrender 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 |
|
| 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. | Chief Executive All Directors |
| 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 |
| 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. |
| 3.5.7a | 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 |
| 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 All Directors |
| 3.5.16 | Authority to approve carry-over of annual leave up to nine days. Authority to approve annual leave over nine days. |
All Line Managers in accordance with Policy Chief Executive Directors |
| 3.5.17 | Authorisation of Business Case for a new position. | Chief Executive All Directors Head of HR & OD Head of Finance |
| 3.5.18 | Authorisation of Business Case for flexible retirement subject to costs being under £150k. Business Case for flexible retirement over the value of £150,000 to be approved by Council. |
Chief Executive |
3.6 |
Governance and Administrative |
|
| 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 |
| 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 All Directors Head of Public Protection, Health and Wellbeing |
| 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 All Directors |
| 3.6.9 | 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. |
Chief Executive All Directors |
| 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 Authorised signatories. |
| 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service 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 All Directors and Heads of Service Building Control Manager Senior Building Control Officer Building Regulation Manager |
6. Street Trading delegated functions
| 6.1 | Street Trading Act (Northern Ireland) 2001 | |
| 6.1.1 | Article 5, Grant Street trading Licence | Committee |
| 6.1.2 | Article 5, Renewal of Street Trading Licence | All Directors All Heads of Service |
| 6.1.3 | Article 5, Variation of Street Trading Licence | All Directors All Heads of Service |
| 6.1.4 | Article 10, Revocation of Street Trading licence | Committee |
| 6.1.5 | Article 11, Variation of Street Trading Licence | All Directors All Heads of Service |
| 6.1.6 | Article 14, Issue of Temporary Licences | All Directors All Heads of Service Environmental Health Manager Principal Environmental Health Officer |
| 6.1.7 | Article 18, Seizure of Goods, receptacles or Equipment | All Directors All Heads of Service 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 All Directors All Heads of Service Committee Environmental Health Manager |
8. Licensing
| 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 | Relevant Committee |
| 8.1.2 | Article 3, Schedule 1, Item 3 – Renewal of indoor and outdoor Entertainment Licence | All Directors All Heads of Service |
| 8.1.3 | Article 3, Schedule 1, Item 3 – Transfer of indoor and outdoor Entertainment Licence | All Directors All Heads of Service |
| 8.1.4 | Article 3, Schedule 1, Item 7 – Variation of Entertainment Licence | Relevant Committee |
| 8.1.5 | Article 3, Schedule 1, Item 12 – Suspension of Entertainment Licence | Relevant Committee |
| 8.2 | The Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order | |
| 8.2.1 | Article 111(2) Grant or Refuse Amusement Permit | Relevant Committee |
| 8.2.2 | Article 115(2) Renew Amusement Permit | All Directors All Heads of Service |
| 8.2.3 | Article 115(2) Refuse to Renew Amusement Permit | Relevant Committee |
| 8.2.4 | Article 136(3) Registration of Society Lottery | All Directors All Heads of Service |
| 8.2.5 | Article 136(5) Refusal to Register Society Lottery | Relevant Committee |
| 8.2.6 | Article 136(10) Revoke the Registration of a Society Lottery | Relevant Committee |
| 8.3 | Petroleum (Consolidation) Act (Northern Ireland) 1929 | |
| 8.3.1 | Petroleum (Consolidation) Act (Northern Ireland) 1929 Section 4, Grant Petroleum Licence |
Relevant Committee |
| 8.3.2 | Petroleum (Consolidation) Act (Northern Ireland) 1929 Section 1(4) Transfer of Petroleum Licence |
All Directors All Heads of Service |
| 8.3.3 | Petroleum (Consolidation) Act (Northern Ireland) 1929 Section 4 Renewal of Petroleum licence |
All Directors All Heads of Service |
| 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 |
All Directors All Heads of Service |
| 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 | Relevant Committee |
| 8.5.2 | Renewal of a Place Approval for Marriage Ceremonies | All Directors All Heads of Service |
| 8.6 | The Civil Partnership Act 2004 | |
| 8.6.1 | Section 144 Grant of a Place Approval or Temporary Place Approval for Civil Partnership Registrations |
Relevant Committee |
| 8.6.2 | Renewal of a Place Approval for Civil Partnership Registrations | All Directors All Heads of Service |
| 8.7 | The Cinemas (Northern Ireland) Order 1991 | |
| 8.7.1 | Article 3(2) Grant a Film Exhibition Licence | Relevant Committee |
| 8.7.2 | Article 4(1) Grant Consent for Film Exhibitions for Children | Relevant Committee |
| 8.7.3 | Articles 3, 4 &5 Renewal of a Film Exhibition Licence or Consent for Film Exhibitions for Children | All Directors All Heads of Service |
| 8.7.4 | Article 5(5) Transfer of Film Exhibition Licence or Consent for Film Exhibitions for Children | All Directors All Heads of Service |
| 8.8 | The Licensing of Pavement Cafes Act (Northern Ireland) 2014 | |
| 8.8.1 | Section 4 – Grant or refusal of a licence | Relevant Committee |
| 8.8.2 | Section 7 – Renewal of a licence | All Directors All Heads of Service |
| 8.8.3 | Section 8 & 9 – Variation of a licence | All Directors All Heads of Service |
| 8.8.4 | Section 14 – Revocation of a licence | Relevant Committee |
| 8.8.5 | Section 15 – Suspension of a licence | All Directors All Heads of Service |
| 8.8.6 | Sections 16, 17 & 18 – Compulsory variation of a licence | All Directors All Heads of Service |
| 8.9 |
Houses in Multiple Occupation Act (Northern Ireland) 2016 Transferring function comes to Council as of 1 April 2019 In line with delegation for exiting licensing schemes |
|
| 8.9.1 | Grant or Refusal of Licence: | Relevant Committee All Directors All Heads of Service |
| 8.9.2 | Renewal of Licence: | All Directors All Heads of Service |
| 8.9.3 | Issue, extension or revocation of Temporary Exemption Notice | All Directors All Heads of Service |
| 8.9.4 | Variation of Licence | All Directors All Heads of Service |
| 8.9.5 | Revocation of Licence | Relevant Committee All Directors All Heads of Service |
| 8.9.6 | Revocation of licence in cases of urgency after consultation with the Chief Executive and Council’s Solicitor | Chief Executive All Directors All Heads of Service |
9. Prosecution under the Local Government Act 1972
| 9.1 | Local Government Act 1972 | |
| 9.1.1 | Article 116, to prosecute non-compliance with Statutory Notice or non-payment of fixed penalty | Chief Executive All Directors All Heads of Service |
| 9.1.2 | Article 116, to prosecute in all other cases | Relevant Committee |