Appendix 1 – Supporting information:
S101 delegation of powers
The Scheme of Delegation (s101 of the 1972 LGA), provides for delegating authority to the Clerk for making decisions on behalf of the council as and when appropriate. S101 requires formally agreed Terms of Reference by the Council. It needs to be based in Terms of Reference (see Scheme of Delegation above) that sets out the key themes of the delegation and the financial thresholds that apply.
This scheme of delegation is a temporary measure to facilitate effective decision making whilst the COVID-19 restrictions are in place. It allows the Clerk to take on the executive role during this time.
Delegation of Power
Section 101 of the Local Government Act 1972 provides:
- That a Council may delegate its powers (except those incapable of delegation) to a committee or an officer.
- A Committee may delegate its powers to an officer.
- The delegating body may exercise Powers that have been delegated.
Any delegation to the Proper Officer shall be exercised in compliance with the Council’s Standing Orders, any other policies or conditions imposed by the Council and within the law.
The Proper Officer may nominate another named Officer to carry out any powers and duties, which have been, delegated to that Officer.
In an emergency the Proper Officer is empowered to carry out any function of the Council.
Where officers are contemplating any action under delegated powers, which is likely to have a significant impact in a particular area, they should also consult a minimum of two Members, and must ensure that they obtain appropriate legal, financial and other specialist advice before action is taken.
The following items may not be delegated to the Clerk:
- To appoint the Chairman and Vice-Chairman in May each year
- To sign off the Governance Statement by 30th June each year
- To set the precept
- To appoint the Head of Paid Service (Clerk)
- To make byelaws
- To borrow money
- To consider any matter required by law to be considered by Council.
Appendix 2 To note, 13/1/2022 minutes item 22/832 PLANNING MATTERS:
It was noted that the delegated powers re planning allow the clerk to submit a planning response without an extraordinary meeting when the Clerk is confident there is a consensus from council members. It was confirmed that if a councillor requested a meeting to respond to a planning consultation, the Clerk would not proceed with submitting a response under the scheme of delegation.
It was confirmed that if a councillor did not reply to a planning response email within a requested time limit, this would not be considered for assessing a joint decision.