This Delegation comes into force from Thursday 19 March 2020
PLEASE NOTE: AS SOON AS THE THREAT FROM THE VIRUS HAS EITHER BEEN CONTROLLED OR CENTRAL GOVERNMENT DEEMS ITS SAFE TO RETURN TO NORMAL, THE TOWN COUNCIL WILL RETURN TO NORMAL OPERATING PROCEDURES AND ALL DECISIONS WILL RETURN TO FULL COUNCIL AND COMMITTEES.
This Scheme of Delegation has been initiated in response to the unprecedented situation arising from the Coronavirus in the United Kingdom.
Any subsequent amendments are identified by the date and reason why they have been taken.
The powers and duties set out in this scheme are delegated to the Town Clerk. The Town Clerk, where specified may delegate these duties and powers to other officers within the Town Council.
The Town Clerk is also the Councils Responsible Financial Officer and the Proper Officer and responsibility for the management of the organisation.
Extent of Delegation
1.1 All delegated functions shall be deemed to be exercised on behalf of and in the name of the Council.
1.2 The Town Clerk will exercise these powers in accordance with
- approved budgets
- the Council’s Financial Regulations
- the Council’s Standing Orders
- the Council’s Policy Framework and other adopted policies of the Council
- all statutory common law and contractual requirements
1.3 The Town Clerk may do anything pursuant to the delegated power or duty which it would be lawful for the Council to do including anything reasonably implied or incidental to that power or duty.
1.4 Provided that such authorisation is not prohibited by statute the Town Clerk to whom a power, duty or function is delegated may authorise another officer to exercise that power, duty or function, subject to:
- such authorisations being in writing
- only be given to an officer below the delegating officer in the organisational structure
- only being given where there is significant administrative convenience in doing so
- the officer authorised by the Town Clerk acting in the name of the Town Clerk
- such authorisation not being prohibited by statute.
1.5 A delegation to a subordinate officer shall not prevent the Town Clerk from exercising the same power or duty at the same time.
2.0 The Town Clerk is authorised:
2.1 To take any proceedings or other steps as may be necessary to enforce and recover any debt owing or other obligation due to the Council.
2.2 To institute and appear in any legal proceedings authorised by the Council.
2.3 To appear or make representation to any tribunal or public inquiry into any matter in which the Council has an interest (in its own right or on behalf of the citizens of Andover).
2.4 To cancel or postpone Council or committee or task group meetings in the interest of Public, Officers and Councillors safety.
2.5 If future emergency legislation so permits, the Town Clerk may arrange ‘electronic remote’ decision meetings to progress essential business of the Council.
2.6 To decide arrangements for the closure of the Council offices in the interest of Public, Officers and Councillors safety.
2.7 Deal with day to day matters relating to the use of office accommodation space.
2.8 To negotiate and enter into contractual arrangements for artists and promoters in relation to events held in Andover, organised by the Town Council and programmes of entertainment.
2.9 To Manage all the Council’s current services including the following:
To manage the Council’s allotments including the selection of tenants.
2.10 To act as the Council’s designated officer for the purposes of the Freedom of Information Act.
2.11 To respond to Freedom of Information requests within time limits set by Central Government and using discretion with respect to staffing resources.
2.12 To apply for planning consent for the carrying out of development by the Council.
2.13 To respond to consultations on planning applications on behalf of the Planning Committee having first requested comments from Town Council Members.
2.14 To respond to complaints made under the Council’s Complaints procedure and to make such ex gratia payments in settlement of such complaints as are considered justified.
2.15 To manage, monitor and review the Councils Internal control procedures.
2.16 To manage, monitor and review the Councils Corporate Risk Management Strategy.
2.17 To manage, monitor and update the Town Council’s website to provide information during the Coronavirus Outbreak and to ensure the Town Council complies with the Transparency Act requirements.
3.0 The Town Clerk is authorised as follows:
3.1 To be the Responsible Financial Officer for the purposes of Section 151 of the Local Government Act 1972.
3.2 To operate the Council’s banking arrangements.
3.3 To incur expenditure up to a maximum of £400 on any item for which provision is made in the appropriate revenue budget provided that any action taken complies with any legislative provisions and the requirements of the Council’s Constitution.
3.4 To pay all accounts properly incurred
3.5 To pay all subscriptions to organisations to which the Council belongs.
3.6 To make all necessary arrangements for the provision of an internal and external audit service for the Council.
3.7 To negotiate settlements in connection with claims made by and against the council in consultation with the Council’s insurers where appropriate.
3.8 To incur expenditure on revenue items within the approve estimates and budgets under their control.
3.9 To incur expenditure on capital schemes within the Council’s approved capital Programme.
3.10 To enter into leasing and contract hire agreements for the acquisition of vehicles machinery and equipment on such terms as are considered appropriate if necessary.
3.11 To accept quotations or tenders for work supplies or services (where tenders are required by the Council’s Financial Regulations), subject to:
a) the cost not exceeding the amount approved estimate
b) the tender being the lowest price or the most economically advantageous to the Council according to the criteria set out in the tender documentation
c) all the requirements of the Council’s Financial Regulations being complied with.
3.12 To compile, approve or vary lists of approved contractors subject to the requirements of the Council’s Financial Regulations.
3.13 To carry out virement of sums between cost centres in accordance with the Council’s Financial Regulations.
3.14 To manage investments and raise and repay loans as appropriate and obtain such other sources of credit as are required in accordance with the Financial Regulations.
3.15 To authorise action for the recovery of debts
3.16 To write off debts up to the level set by the Council at its Budget Meeting.
3.17 To maintain a Register of Assets and Inventory of Equipment.
3.18 To determine the Town Council’s insurance requirements on the Council’s behalf.
3.19 To make all necessary arrangements for the Council’s insurances.
3.20 To exercise the Town Council’s powers to pay the Post Office, Telecoms provider or any other telecommunications operator any loss.
4.0 The Town Clerk is given delegated powers to manage the Council staff in accordance with the Council’s policies, procedures and budget, including:
4.1 Appointments to posts (excluding the post of Deputy/Assistant Town Clerk).
4.2 The employment of temporary employees.
4.3 The preparation of the job description and person specification, placing of the advertisement and short listing of applicants.
4.4 Control of staff performance.
4.5 Control of discipline and performance, including the power of suspension and dismissal.
4.6 The exercise of disciplinary and grievance procedures in accordance with the Council’s procedures.
4.7 Determine approved duties for the payment of travel and subsistence expenses to members and officers where they represent the Council outside of the Town Council area.
4.8 To approve payment of overtime
4.9 To implement and monitor the arrangements for annual leave, flexi time, sickness absence and maternity leave in accordance with the Council’s policies.
4.10 To authorise training in line with the Council’s policies.
4.11 To authorise the provision of uniforms, protective clothing and sanitization equipment.
4.12 To approve payment of claims from employees for compensation for loss of or damage to personal property.
4.13 To negotiate and agree settlements on behalf of the Council in relation to any proceedings in the Employment Tribunal.
4.14 To agree to premature retirement on the grounds of duly certified ill health.
4.15 To terminate employment during and to review salary on completion of probationary periods.
5.0 The Town Clerk is given authority to manage the land and property of the Council including:
5.1 Agreeing the terms of any lease, license, conveyance or transfer.
5.2 The granting or refusal of the Council’s consent under the terms of any lease.
5.3 Variations of restrictive covenants of a routine nature.
5.4 The granting of easements, wayleaves and licences over Council land.
5.5 Initiating legal action or proceedings against unauthorised encampments on Council land.
5.6 To direct the custody of Town Council property and documents in accordance with the provisions of Local Government Act 1972 S226.
5.7 To exercise responsibility for the safe custody and maintenance of the Civic Regalia.
6.0 The Town Clerk is authorised to act on behalf of the Council in cases or urgency or emergency. Any such action is to be reported on the Town Council website and to the next meeting of the Council or relevant committee or sub-committee. The Town Mayor and the Chairman of any relevant committee are to be consulted before such action is taken.
7.0 To implement a Council Emergency Recovery Strategy and to incur any necessary expenditure. Any such action is to be reported on the Town Council Website and to the next meeting of the Council or relevant committee or sub-committee. The Town Mayor and the Chairman of any relevant committee are to be consulted before such action is taken.
8.0 To authorise officers to exercise statutory powers of entry and inspection for the purposes of any function under their control.
8.1 To serve requests for information as to ownership occupation and other interests in land for the purposes of any function under their control.
8.2 To appoint consultants and other to carry out any function and provide any service under their control.
Health and Safety at Work Act 1974
9.0 To oversee the discharge of the Council’s responsibilities under the Act.
10.0 To take and discontinue legal proceedings in any Court or at any Tribunal.
10.1 To take Counsel’s advice or instruct Counsel to represent the Council.
10.2 To seek injunctions and commence proceedings for the purposes of
- enforcement in accordance with the Council’s policies
- recovering money due to the Council
- recovering or otherwise preserving possession of the Council’s land or property
- defending the interests of the Council
- appealing against a decision affecting the interests of the Council and responding to appeals against action taken by the Council.
10.3 To represent the Council at Court or any Tribunal or to make arrangements for appropriate representation.
10.4 To negotiate and settle the terms of documents to give effect to a decision of the Council or any of the committees or of any officer acting under delegated powers.
10.5 To be the responsible officer for the co-ordination and operation of the legal requirements under the Data Protection Act and the Freedom of Information Act
10.6 To serve Requisitions for Information
10.7 To prepare a draft budget for consideration by the Council
10.8 To prepare the Final Accounts for the end of the financial year