Statutory Powers and Duties of the Council which are Exercisable by Officers of the Authority
Delegation to Officers - General Issues
Principles of Delegation:
Delegation to a Director includes delegation to officers designated by the Director for the purpose of the function concerned
Any delegated function may be exercised by an officer senior to the officer to whom the function is delegated.
In the absence of the officer to whom a function is delegated, the function may be exercised by the officer responsible for performance of his duties during such absence.
Directors have authority to act in all operational matters not expressly reserved to committees, sub-committees or to the Council, notwithstanding that such matters may not be specifically identified in this scheme.
In exercising authority delegated to them, officers must have regard to, and must act in accordance with, the policy of the Council, its committees and sub committees and in accordance with the Council's Contracts Standing Orders and Financial Regulations.
Officers may refer any delegated matter to the appropriate committee in the event of difficulty or contention.
Local Government and Housing Act 1989 (Section 5) – Statutory Officers
The Statutory Officers of the Council have specific duties as set out in legislation and discharge these roles as part of their wider responsibilities within the Council. They have an important, independent role in promoting and enforcing good governance and for making sure that the Council complies with legislation as follows –
(i) Head of Paid Service
It shall be the duty of every relevant authority –
(a) to designate one of their Officers as the Head of Paid Service and
(b) to provide that Officer with such staff, accommodation and other
resources as are, in his opinion, sufficient to allow his duties under this
section to be performed.
It shall be the duty of the Head of Paid Service, where he considers it appropriate to do so in respect of any proposals of his with respect to any of the matters specified below, to prepare a report to the authority setting out his proposals.
Those matters are –
(a) the manner in which the discharge by the authority of their different
functions is co-ordinated;
(b) the number and grades of staff required by the authority for the discharge
of their functions;
(c) the organisation of the authority’s staff; and
(d) the appointment and proper management of the authority’s staff.
The Head of Paid Service in Highland Council is the Chief Executive.
(ii) Monitoring Officer
It shall be the duty of every relevant authority –
(a) to designate one of their Officers (to be known as the Monitoring Officer)
as the Officer responsible for performing the duties imposed by this section
and
(b) to provide that Officer with such staff, accommodation and other
resources as are, in her opinion, sufficient to allow those duties to be
performed
and the Officer so designated may be the Head of Paid Service but shall not be the Chief Finance Officer.
It shall be the duty of a relevant authority’s Monitoring Officer, if it at any time appears to her that any proposal, decision or omission by the authority, by any Committee, Sub Committee or Officer of the authority or by any Joint Committee on which the authority is represented, constitutes, has given rise to or is likely to or would give rise to -
(a) a contravention by the authority, by any Committee, Sub Committee or
Officer of the authority or by any such Joint Committee of any enactment
or rule of law or of any Code of Practice made or approved by or under any
enactment; or
(b) any such maladministration or injustice as is mentioned in Part III of the
Local Government Act 1974 (Local Commissioners) or Part 11 of the Local
Government Act 1975 (which makes corresponding provision for Scotland).
to prepare a report to the authority with respect to that proposal, decision or omission.
It shall be the duty of the Monitoring Officer –
(a) in preparing a report under this section to consult as far as practicable with
the Head of Paid Service and the Chief Finance Officer; and
(b) as soon as practicable after such a report has been prepared by her or her
deputy, to arrange for a copy of it to be sent to each member of the
authority.
The Monitoring Officer in Highland Council is the Assistant Chief Executive.
(iii) Officer Responsible for Financial Administration
The Council shall – under this Act and also under Section 95 of the Local Government (Scotland) Act 1973 -
(a) make arrangements for the proper administration of such of its financial
affairs as relate it in its capacity as a local authority, police authority or port
health authority; and
(b) secure that one of its Officers has responsibility for the administration of
those affairs.
The Officer Responsible for Financial Administration in Highland Council is the Director of Finance.
Social Work (Scotland) Act 1968
Chief Social Work Officer
The Council shall – for the purposes of their functions under this Act and the enactments
contained in Section 5(1B), appoint an Officer to be known as the Chief Social Work Officer.
The overall objective of the Chief Social Work Officer is to ensure the provision of effective, professional advice to local authorities – Elected Members and Officers – in the delivery of social work services.
The Chief Social Work Officer in Highland Council is the Director of Social Work.
Local Government (Scotland) Act 1973
Proper Officer
The Council shall – for the purposes of implementing the provisions of Section 43 (Schedule 7) – Meetings and Proceedings of the Council, Committees and Sub Committees – and Section 197 – Inspection and Deposit of Documents (Minutes, Reports, etc) – appoint a Proper Officer.
The Proper Officer in Highland Council is the Assistant Chief Executive.
Delegated Powers for all Directors:
1. Contracts:
1.1 Subject to the requirements of the Council’s Contract Standing Orders, European Community Law and legislation, the undernoted powers will enable all Directors to manage ongoing contracts tendered by the Director of Finance or his/her delegated Procurement Officer within their area of operation. In the case of Works Contracts as defined by the Public Contracts (Scotland) Regulations 2006, the reference to Directors will refer to the Director of Housing and Property and the Director of Transport, Environmental and Community Services and the Director of Planning and Development.
1.2 Approval of the award of contracts within their area of competence as set out in Contract Standing Orders
1.3 Approval of terms and conditions recommended by the Director of Housing and Property for their Services’ projects contained within the approved capital programme, subject to a maximum value as prescribed from time to time.
1.4 Power to submit tenders for the provision of contract work pursuant to the Local Authorities (Goods and Services) Act 1970, or under other relevant powers.
1.5 Power to tender for contract work in consultation with the Depute Chief Executive and Director of Finance, pursuant to the Local Authorities (Goods and Services) Act 1970 or under other relevant powers.
2. Personnel:
The following powers which will enable Directors to manage the personnel within their Services should be exercised in accordance with legislation and the personnel polices adopted by the Council.
2.1 Appointment of employees within the approved establishment other than appointments to posts which have been specifically designated by the Council to be appointed by Elected Members.
2.2 Conduct of disciplinary and grievance proceedings in respect of employees within the terms of the Council's approved disciplinary and grievance procedures.
2.3 Approval of employees’ attendance at training courses, conferences, seminars etc., within appropriate training budgets. Approval for attendance at conferences, seminars or other business outwith the UK will require the agreement of the Chief Executive
2.4 Determination of applications for leave of absence for special purposes, in accordance with Council policy and in consultation with the Assistant Chief Executive.
2.5 Approval of planned overtime for staff in accordance with any relevant scheme of the Council and subject to finance being available within budgets.
3. Construction (Design and Management) Regulations 2007
3. 1 To ensure compliance with the Construction (Design and Management) Regulations 2007 as appropriate.
In this Part IV, unless the context otherwise requires, references to "Director" or "Directors" includes the Chief Executive and Assistant Chief Executive in respect of that Service.