Scheme Of Delegation

Scheme of Delegation and Administration to Headquarters and Area Committees and Sub Committees and Officers 6 September 2012.

1. Strategic Committees - General

1.1 Finance, Housing and Resources Committee
1.2 Adult and Children’s Services Committee
1.3 Planning, Environment and Development Committee
1.4 Transport, Environmental and Community Services Committee

2. Pensions Committee

3. Audit And Scrutiny Committee

4. Community Safety, Public Engagement and Equalities Committee

D Part III – Functions Referred/Powers and Duties Delegated to Planning Applications Committees, Highland Licensing Committee, Planning Review Body City/Area Committees and the Gaelic Implementation Group from the Council and Headquarters Committees

Planning Applications Committees
Highland Licensing Committee
Planning Review Body
City/Area Committees
Gaelic Implementation Group

E Part IV – Powers Delegated to Officers

Delegation to Officers - General

List of Powers and Duties of the Council which are exercisable by officers:

Chief Executive’s Office
Finance Service
Education, Culture and Sport Service
Housing and Property Service
Transport, Environmental and Community Services
Health and Social Care Service
Planning and Development Service

Scheme of Delegation and Administration

Introduction

This Scheme was made by The Highland Council on 6 September 2012 under Section 56 of the Local Government (Scotland) Act 1973. It sets out the terms of reference of business of the Council’s Committees and Sub-Committees, throughout the authority, as well as defining the decisions which Committees and Sub-Committees and Officers can make without any further reference to Committees or to the Council.

The Council will review the Scheme each year, normally in September.

(1) The Scheme provides the framework and guidance for and the powers given
to Committees and Sub-Committees and to Officers.

(2) There are limits to the powers, which can be delegated by the Council. Certain
     decisions the Council must by law take itself. For example – setting the Council
     Tax or making this Scheme. Others it may choose to keep to itself. For
     example – approving the formulation of major policies.

(3) Throughout this Scheme, reference is made to delegated powers and to full
delegated powers. The difference between the two is:-

(i) Where a decision is taken with delegated powers, the Council’s Standing
    Orders Relating to the Conduct of Meetings (see paragraphs 10.3 and
    10.4) allow for that decision to be looked at again, provided a Notice of
    Amendment is sent to the Assistant Chief Executive within 3 working
    days of the meeting when the decision was taken and by 5pm on the
    final day. No action will be taken on the decision until it has been
    considered again, at the Planning Environment and Development
    Committee (in the case of notices from the Planning Applications
    Committees), or at the Council. If the 3 working days pass without
    submission of such a Notice, the decision will be implemented as a final
    decision of the Council.

(ii) Where a decision is taken with full delegated powers, that is a final
    decision which will be implemented after the meeting and cannot be
    affected by the Notice of Amendment procedure.

The Assistant Chief Executive also has powers to refer for further consideration by the Council any item of business on which a decision has been made but which she may consider as being a contravention of law or any code of practice under any enactment, or maladministration leading to injustice. (Notice of Referral - See Paragraph 10.6 of Standing Orders)

(4) A Member may bring any matter before the Council by Notice of Motion, in
accordance with the procedure set out in Paragraphs 10.1 and 10.2 of
Standing Orders.