KEIGHLEY TOWN COUNCIL

 

 

SCHEME OF DELEGATION

 

 

This Scheme of Delegation was adopted by the Town Council on 24 May 2017

 

Adopted by Keighley Town Council 24 May 2017

1 CONTENTS

Page (s) 1 Discharge of the Scheme
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2 Principles of Delegation

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3 Authority to Act

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4 Conflicts of Interests

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5 Council Reserved Powers

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6 Delegation to Committees – Safeguards

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7

Delegation to Committees

(a) Allotments & Landscapes (b) Civic Centre & Strategy (c) Complaints (d) Events & Leisure (e) Finance & Audit (f) Human Resources (g) Planning (h) Policies & Governance (i) Watch & Transport
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5 6 7 8 9-10 10 11 11-12 12

8 Delegation to Officers

(a) Town Clerk (b) Responsible Financial Officer (c) Deputy Town Clerk (d) Allotments Officer (e) Catering Manager (f) Consultants

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12-14 14 15- 16 15-16 16 17
9 Summary of Financial Delegation to Officers

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Adopted by Keighley Town Council 24 May 2017

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1. DISCHARGE OF THE SCHEME

1.1 This Scheme of Delegation forms part of the Council’s Financial Regulations and Standing Order and will be reviewed at least annually or earlier, for example when there are staffing changes.

1.2 Those with delegated sresponsibility are referred to by job title, therefore any changes in job titles will trigger a review of this scheme.

1.3 One of the purposes of the document is to clearly define the parameters within which Officers of the Council are able to act without reference to either their line managers or Members. Where consultation with others is a requirement of the ability to act it is clearly set out with whom that consultation should take place.

1.4 Any deviation from this scheme should be reported to Council at the earliest opportunity with an explanation of the circumstances in which the breach occurred.

1.5 The other purpose of the document is to capture the various delegated powers throughout the Council, including those delegated by the Council to its various committees. This element of the scheme incorporates the Terms of Reference of the committees.

2. PRINCIPLES OF DELEGATION

2.1 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.

2.2 Any delegation to a Committee or the Proper Officer shall be exercised in compliance with the Council’s Standing Orders, any other policies or conditions imposed by the Council and with the law.

2.3 The Proper Officer may nominate another named Officer to carry out any powers and duties, which have been delegated to the Proper Officer.

2.4 In an emergency the Proper Officer is empowered to carry out any function of the Council

2.5 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 the Chair of the relevant committee, and the officers must ensure that they obtain appropriate legal, financial and other specialist advice before action is taken.

3. Authority to Act

3.1 Subject to those matters that are reserved for Committee; all members of staff shall be responsible and shall have delegated authority as outlined in this scheme.

3.1.1 Any matter not reserved for Committee (i.e. any matter falling outside the criteria) shall be regarded as falling within the day to day operation and management of the relevant department and shall be delegated to the appropriate member of staff and shall be exercised in accordance with this delegation scheme.

Adopted by Keighley Town Council 24 May 2017

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3.2 It will be appropriate for the Officers of the Council to refer a matter:

 To the Clerk where the determination of the matter raises issues of corporate priorities or the co-ordination of the discharge of various functions of the Council,

 To the Council where the determination of the matter is likely to be particularly controversial or raises issues of policy which it would be appropriate for councillors to determine; or could, by its scale or complexity expose the Council to major corporate risk.

3.3 All officers have the responsibility to act within the Councils approved policies, procedures and framework and within the law in conjunction with this delegated scheme.

4 CONFLICTS OF INTEREST

4.1 Under the Local Government Act 1972, section 117; Officers must make a formal declaration about council contracts where the employee has a financial interest. Every officer is responsible for identifying whether he/she has any conflict of interest in any matter which is under consideration, actual or perceived, within the Council, and notifying the Town Clerk.

4.2 Where an employee is unsure whether an interest should be declared, they should speak to Town Clerk in the first instance. If the employee is advised not to declare their interest, a record of the discussion should be kept by both parties. Failure to disclose such an interest or may result in disciplinary action being taken which could lead to dismissal.

4.3 Employees are also required to disclose any other employment that they wish to undertake in addition to their primary post with the Council.

4.4 All employees must identify and disclose any actual or potential personal, financial, business, or other interest or close personal relationship which might reasonably be perceived as a conflict of interest

4.5 Each employee is required to complete the Code of Conduct for Council Employees. Further guidance is contained within this document.

4.4 Where an Officer has a conflict of interest in any matter, he/she shall not participate in that matter in his/her capacity as an Officer except with the prior approval of the Town Clerk. Any approval granted by the Town Clerk shall be formally recorded in the Council minutes. Where such approval has been granted for the Officer to participate in a Council meeting of that subject matter, he/she must ensure that the disclosure of interest is also declared at the start of the Council meeting under the disclosures of interests for members and officers.

5 COUNCIL RESERVED POWERS 5.1 Each Committee has delegated authority to decide matters within their terms of reference as incorporated in this delegation scheme except for the following matters, which are to be resolved only by Council:

 Appointment of the Town Clerk, Responsible Financial Officer and other council officers following a recommendation from the Human Resources Committee  To adopt and change the Standing Orders, Financial Regulations, Scheme of Delegation and other Council policies  To approve and adopt the Policy Framework.  To approve and adopt the Budget.  To determine the Council’s Corporate Priorities.  To appoint the Mayor and Deputy Mayor.
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 To agree and/or amend the terms of reference for Committees, deciding on their composition and making appointments to them.  To adopt the schedule of meetings for the ensuing year.  To consider the recommendations of any Remuneration Panel (where one is in existence) and adopt the level of allowances that can be claimed by Members of the Council in respect of authorised or approved duties.  To make any decisions which would be contrary to the Policy Framework.  To determine matters involving expenditure for which budget provision is not made or is exceeded.  To determine matters which do not fall within the remit of any Committee.  To determine matters affecting or likely to affect, another Committee or where consultation with or approval of that other Committee is required.  To determine any matters referred to it by a Committee in accordance with Standing Orders.  To set the Precept.  To make byelaws.  To borrow money.  To annually approve the statutory annual return  To annually approve the Council strategy, aims and objectives including the Terms of Reference for the Council committees  To receive statutory reports from the Town Clerk/Responsible Financial Officer  To consider any matter required by law to be considered by Council.

6 DELEGATION TO COMMITTEES – SAFEGUARDS

6.1 The Council may, at any time without prejudice to executive action taken already, revoke any executive power delegated to a Committee or Officer.

6.2 Matters delegated to Committee may be referred to full Council at the request (written or verbal) of two Members of the Council prior to the resolution of the matter.

6.3 In accordance with Standing Order 7 the Council may, under specified conditions, reverse a Committee (or Council) decision within 6 months. The written notice whereof bears the names of at least 10 councillors of the Council, or by a motion moved in pursuance of the report or recommendation of a committee.

6.4 Members will be advised by the Town Clerk whether or not a particular item under discussion is within the Committee’s (or Sub-Committee’s) delegated powers. The minutes will then record the decision as “RESOLVED”. If it is not, then the minutes will show the decision as “RECOMMENDED”, and will then be brought to the Council’s particular attention by the Chairman of the Committee at the next meeting of the Council when seeking approval and adoption of the Committee’s minutes. This item can be discussed in full by the Town Council.

6.5 In any case where a Committee (or Sub) Chairman and Vice Chairman are either unsure whether or not any matter falls within delegated powers, or whether or not any matter should be determined by them, they should refer that matter to the next highest level of decision. A power delegated does not always have to be exercised.

Adopted by Keighley Town Council 24 May 2017

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7 DELEGATION TO COMMITTEES

(a) ALLOTMENTS & LANDSCAPES

Membership: Eight Town Councillors plus Mayor or Deputy Quorum: Four Town Councillors with voting powers Meetings: Bi-Monthly

Terms of Reference:

(i) To oversee the work of the Allotments officer, administrative arrangements and the provision of office requirements. (ii) To provide guidance and assistance to the Allotments Officer in all matters relating to the allotments and landscape under the control of the Council and including assistance with the formation of Allotment Associations and obtaining external funding for Allotments & Landscapes. (iii) To draw up the rules in respect to the Allotment as they affect the allotment tenants: (a) The rent for the allotments and the date on which the rent shall be due reserving the right to review at any time the yearly rent and bring into effect any revised charges. (b) Termination of a Tenancy. (c) Services of notice to be given to a tenant. (d) Power to inspect allotment gardens. (e) The general conditions under which the allotment gardens are to be used. (f) Observance of conditions of lease. (g) Prohibition of trade or business. (h) Erections of sheds and other structures. (i) Keeping livestock. (j) Prohibition of sub-letting. (k) Prevention of nuisance and annoyance to others. (iv) To seek year on year improvements to the allotment stock. (v) To provide guidance to Allotment Associations in seeking funding. (vi) To consider environmental issues. (vii) To keep a watching brief on all parks and open spaces, community and leisure centres, village greens, common land and War Memorials. (viii) To keep a watching brief on burial grounds, cemeteries and churchyards. (ix) To actively look for more suitable land for the benefit of the local residents. (x) To keep a watching brief on footpaths and public rights of way with regard to maintenance and repair. Not to include pavements on the highway. (xi) To be responsible for monies obtained by external funding in line with regulations. (xii) To be responsible for any budget delegated to it by the Council (xiii) To ensure that the Committee conforms to the principle of Best Value by the outcomes of its’ financial resolutions. (xiv) To approve all payments made by the committee when submitted with the financial report. (xv) To ensure that all payments made under the delegation of Officers be reported at the subsequent meeting and minuted as per Scheme of Delegation

Adopted by Keighley Town Council 24 May 2017

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(b) CIVIC CENTRE AND STRATGEY

Membership: Eight Town Councillors plus Mayor or Deputy

Quorum: Four Town Councillors with voting powers

Meetings: Bi-Monthly

Terms of Reference:

(i) The Committee with the Clerk to work with the Civic Centre tenants for the effective development of all aspects of the Civic Centre.

(ii) To oversee the running of the Civic Centre and to report to the Town Council on a monthly basis.

(iii) To develop, review and work towards the Civic Centre strategy approved by the Council

(iv) To liaise with outside organisations and to promote the Town Council’s position and ideals for all matters under the remit where appropriate.

(v) To promote the Civic Centre amenities by use of all methods possible.

(vi) To actively seek new ways to encourage more local groups and companies to make use of the facilities on offer

(vii) The Town Clerk to oversee all Civic Centre staff, volunteers and those on zero hours contracts, when engaged on any Civic Centre business.

(viii) To be responsible for any budget delegated to it by the Council

(ix) To implement the business plan for the Civic Centre in accordance with the resolutions from Full Council

(x) To be responsible for ensuring that the committee does not deviate from the business plans, however in such circumstances where changes are required, recommendations will need to be made to full Council for consideration

(xi) To ensure that the committee conforms to the principle of Best Value by the outcomes of its financial resolutions.

(xii) To approve all payments made by the committee when submitted with the financial report.

(xiii) To ensure that all payments made under the delegation of Officers be reported at the subsequent meeting and minuted as per Scheme of Delegation

Adopted by Keighley Town Council 24 May 2017

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(c) COMPLAINTS COMMITTEE

Membership: Five Town Councillors plus Mayor or Deputy (Ex-Offico)

Quorum: Four Town Councillors with voting powers

Meetings: As and when required

Terms of Reference:

(i) To receive and investigate complaints from members of the public concerning council administration and procedures that cannot be dealt with by the Town Clerk
(ii) This Complaints Procedure does not apply to:

 The Clerk to the Council and other members of staff to be dealt with under internal disciplinary procedure and Ellis Whittam. (If the complaint is about the Clerk, the complaint should be referred to the Town Mayor or Deputy in the first place).

 A complaint relating to a member’s failure to comply with the Code of Conduct must be submitted to the Standard’s Committee of BMDC or other relevant body.
(iii) The Chairman of the Complaints Committee will be elected at the Annual Meeting of thE Council.
(iv) Any investigation will initially be heard by three Councillors and an appeal heard by the remaining two.
(v) The Code of Practice in handling complaints (adopted by the Town Council) will be used to deal with complaints with the exception of the Complaints that cannot be dealt with by the committee.

Adopted by Keighley Town Council 24 May 2017

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(d) EVENTS & LEISURE

Membership: Eight Town Councillors, plus Mayor or Deputy Mayor Quorum: Four Town Councillors with voting powers Meetings: Bi-Monthly

Terms of Reference:

(i) To nominate the Councils Delegated Events Officer the ‘lead person’ as organiser of each event on behalf of the Town Council (ii) To consider events to be held or supported by the Town Council during the financial year, including sporting events. (iii) To organise and promote entertainments, the arts, recreational matters and to promote tourism, by or on behalf of the Town Council or in liaison with other bodies providing or intending to provide similar activities and events. (iv) To support events for young people and community groups. (v) To consider the funding aspect of each event and to look at sponsorship and other external funding where appropriate. (vi) To manage the budget delegated to the committee. (vii) To keep proper accounts of income and expenditure of each event for submission to the Town Council. (viii) To be responsible for any budget delegated to it by the Town Council and to ensure that the committee conforms to the principle of Best Value by reviewing the outcomes of its’ financial resolutions. (ix) To ensure that all payments made under the delegation of Officers be reported to the subsequent meeting and minuted as per Scheme of Delegation

Event Management & Control

(A) Responsible Officers: In the absence of Council’s Delegated Officer, the Chair of Events & Leisure or Committee representative will take remedial action if advised of an unsatisfactory arrangement or situation by an Officer with responsibilities. E.g. Police, Fire, Medical Services, Emergency Planning, Environmental Health, Highways, Safety, Security, Traffic and Transport Officers.

(B) Unacceptable Situations: This applies to any situation which could arise relating to traffic management, crowd control, public order, illegal activities, hazards relating to Health & Safety and public well-being or to ensure that the Council complies with legislation relating to any event where the Council may exercise control.

(C) Liaison Meetings: In the absence of the Delegated Events Officer, the Chair of Events & Leisure may give undertakings during liaison meetings (prior to the event day) with Officers as outlined in paragraph (A) above relating to potential situations described in paragraph (B), which may arise at a future date, where expenditure may be incurred in amelioration and providing that any potential additional costs to the Council have been agreed with the Proper Officer prior to that meeting.

(D) Urgent action: On the event day, remedial action available to the Chair of Events & Leisure arising as a result of conditions relating to paragraph (A) in situations outlined in paragraph (B) will include down-scaling, curtailing or cancellation of the event or any other action necessary within the resources available for that event (e.g. redeployment or contracting of staff).

(E) Advice: The committee may make recommendations to the Council’s Delegated Events Officer which must be taken into consideration.
Adopted by Keighley Town Council 24 May 2017

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(e) FINANCE & AUDIT

Membership: Eight town Councillors, plus Mayor or Deputy Mayor Quorum: Four Town Councillors with voting powers. Meetings: Monthly or as required.

Terms of Reference:

1. To oversee the work of the Town Clerk and the Responsible Financial Officer in matters relating to Finance and Audit and provide guidance and assistance to the Town Clerk and/or RFO of the Town Council. 2. Prior to the Budget process, to annually review any Subscriptions, Honorariums, Service Provision Agreements and Service Level Agreements, with suppliers and providers with a view to their continued necessity, suitability and value for money 3. A Budget Working Group will be established which shall comprise of the RFO, Town Clerk, Mayor and Deputy Mayor and the Chair & Deputy Chair of Finance. The BWG will meet during the first week in November at least 7 days before the November Finance meeting. The RFO will provide detailed estimates of all income and expenditure on base activities (including Committee budgets) for the year. These figures will form the draft Budget. 4. To appoint a Budget Working Group in November who shall review the estimates and budgets put forward by committees and propose a precept to Finance & Audit based on the figures provided by all committees and other financial commitments of the Council for the next financial year. 5. Every January the committee will consider the Budget Working Group’s recommendations in accordance with Financial Regulation number 3. 6. To consider and determine applications for financial assistance in accordance with the Council grant applications criteria 7. To review and approve the Councils monthly schedule of payments and ensure compliance of regulations 8. At the first meeting of each financial year a working group will be formed of not less than three Councillors. The working group will be responsible for annually renewing the register of assets owned by the Council and will report the outcome of the review to the Council. 9. To be responsible for ensuring that no tangible moveable property shall be purchased, acquired, sold, leased or otherwise disposed of without the authority of the committee, save where the estimated value of any one item of tangible moveable property does not exceed £500 10. To oversee where appropriate alternative and external funding to cover Council projects, on request by a committee or Council 11. The Committee shall ensure the Budget is complete no later than the 31 January each year and shall recommend the Precept to be levied for the ensuing financial year. At this time the RFO shall supply each member with a copy of the recommended Budget. 12. To monitor the spending of the Council and its Committees and endeavour to ensure that they do not overspend their annual budgets. 13. To inform the Council if they feel, for whatever reason, that the council is at high risk in any of its financial dealings, procedures or systems. At such a point the Finance Committee may ask the council for extraordinary powers to rectify the situation. 14. To make recommendations to the Council as and when requested for extra resources. 15. To be involved at the onset of any discussions or projects that may have financial implications greater than budget delegated for the Town Council. 16. The engagement of specialist Financial Consultants and Advisors, subject to a £500 limit, any further amount required can only be approved by Council. 17. In conjunction with P&G Committee review Financial Regulations once every three years and make recommendations to Full Council. 18. To appoint a working group to review the effectiveness of it’s system of internal control to part comply with section 2 of the annual governance statement and report back to Council prior to approving the annual governance statement
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19. To recommend the appointment of the internal auditor and oversee the work of internal audit which shall be reported to the Council 20. To oversee the work of external audit which shall be reported to the Council 21. To be responsible for all budgets not allocated to Committees, or delegated Officers. 22. To ensure that all payments made under the delegation of Officers be reported at the subsequent meeting and minuted as per Scheme of Delegation 23. To be responsible for any budget delegated to it by the Council 24. To ensure that the committee conforms to the principle of Best Value by the outcomes of its’ financial resolutions. 25. To approve all payments made by the committee when submitted with the financial report

(e) HUMAN RESOURCES

Membership: Four Town Councillors, the Mayor and Deputy Mayor Quorum: Three Town Councillors with voting powers. Meetings: Quarterly or more frequently if the business requiring its attention should so dictate

Terms of Reference:

(i) To consider proposals for terms and conditions of employment and pay structures for employees of the Council. (ii) To consider the appointment of the Town Clerk, Responsible Financial Officer and other council officers and make its recommendations to Council. (iii) To ensure that the appropriate HR policies and procedures, reflecting best practice and conforming to employment law, are in place for the employees of the Council (iv) To ensure that appropriate training and continual professional development programmes are in place for the staff of the Council, and that these are underpinned by a robust performance appraisal scheme which is created, designed and monitored by the HR Committee.. (v) To consider and approve on behalf of the Council Internal Health and Safety policies and procedures for the staff. (vi) To consider and bring to Council for approval, any significant changes in operational design. (vii) To assess staffing needs and develop proactive recruitment strategies to minimise the duration and frequency of vacancies. (viii) To consider retention programmes e.g. training to keep employees satisfied with their jobs. (ix) To hear and determine on behalf of the Council any appeals by employees of the Council arising from any Appeals procedures available to the employees and make recommendation to Council. (x) To be responsible for setting the level of remuneration for all staff for which a budget has been provided and recommended to Council. (xi) To consider any matters referred to the Committee by the Council. (xii) To ensure that all payments made under the delegation of Officers be reported at the subsequent meeting and minuted as per Scheme of Delegation (xiii) The Clerk shall have the authority to engage casual workers subject to budget and the Clerk shall consult with the Human Resources Committee when such work is to be sanctioned. (xiv) To be responsible for any budget delegated to it by the Council (xv) To ensure that the committee conforms to the principle of Best Value by the outcomes of its’ financial resolutions. (xvi) To approve all payments made by the committee when submitted with the financial report.

Adopted by Keighley Town Council 24 May 2017

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(f) PLANNING

Membership: Eight Town Councillors, plus Mayor or Deputy Quorum: Four Town councillors with voting powers Meetings: Fortnightly or as required

Terms of Reference:

(i) To make recommendations on planning applications submitted to the Council by the Local Planning Authority within the statutory 21 day consultation period. (ii) To have regard to such things as are deemed necessary and in accordance with the approved policies of the Council, to protect, preserve and enhance the local environment and the interests of the community and to have regard to ecological considerations. (iii) To keep a watching brief on footpaths and public rights of way with regard to planning issues but not to include pavements on the highway. (iv) To deal with all street naming submitted by the Principal Authority. (v) To deal with Planning issues arising from the Localism Bill and to keep up to date with new legislation. (vi) To monitor local areas and report to the council on activities that are being taken by the principal authority to remedy the problem. (vii) The Committee Clerk, in consultation with the Chair of the Planning Committee, is given delegated authority to reduce the number of applications to be considered by Committee when the number of applications for a scheduled meeting exceeds fifteen. The Committee Clerk is delegated to submit a comment on any such application which is not to be considered by the Planning Committee in the circumstances described above. Prior consultation with the Chair must take place and comments submitted must be reported to the next ordinary planning committee meeting. (viii) To ensure that all payments made under the delegation of Officers be reported at the subsequent meeting and minuted as per Scheme of Delegation (ix) To be responsible for any budget delegated to it by the Council (x) To ensure that the committee conforms to the principle of Best Value by the outcomes of its’ financial resolutions. (xi) To approve all payments made by the committee when submitted with the financial report

(g) POLICIES & GOVERNANCE

Membership: Eight Town Councillors plus Mayor or Deputy Mayor Quorum: Four Town Councillors with voting powers Meetings: Quarterly or as required

Terms of Reference:

(i) To formulate a vision and strategy for Keighley and the Council which incorporates economic, environmental and health issues and where possible compliments the district strategic policy whilst ensuring best practice principles for the Town. (ii) To consider the implications of the Localism Act and to keep the Town Council and its committees informed of the implications of consultations that will impact on their area of concern and to work with them to devise appropriate and effective responses. (iii) To consider all policy and governance documents affecting Town and Parish Councils and keep committees up to date on implications. (iv) To review and scrutinise the effectiveness of the governance of the Council and to carry out an annual audit of governance and policy documents used by the Council. (v) To review Standing Orders as and when it appears necessary or at least every three years and make recommendations to full Council
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(vi) To carry out an audit of the standards and systems used by the Council which are not of a financial nature to part comply with section 2 of the Annual Governance statement (vii) To review Committee remits and roles and ensure they are adhered to and to review Financial Regulations in conjunction with the Finance Committee. (viii) To facilitate the productions of plans and statements and to monitor the implementation of the Town Plan. (ix) To encourage members of the Council to attend conferences and Training courses where it is considered to be of value to the council to do so. (x) To investigate, take advice on and initiate negotiations on such issues as devolution, local area agreements, taking into consideration the Parish Charter and any relevant legislation. (xi) To have responsibility for the Town Magazine and to encourage all councillors and other Committees to contribute on a regular basis. (xi) To check all payments made by the Committee when submitted with the financial report. (xii) To be responsible for any budget delegated to it by the Town Council and conform to the principle of Best Value by reviewing the outcomes of its’ financial resolutions.

(h) WATCH & TRANSPORT

Membership: Eight Town Councillors, plus Mayor or Deputy Mayor, Delegated Police Officer (non-voting) Quorum: Four Town Councillors with voting powers Meetings: Bi-Monthly
Terms of Reference

(i) To liaise with Keighley Police in local anti-crime initiatives and partnerships, recommending ways in which the Council can assist in crime prevention. (ii) To receive, note and offer recommendations concerning Licensing Applications. (iii) To consider issues relating to community and public transport services and make recommendations to the Council for action. (iv) To consider issues relating to traffic calming and signage, car parking, street lighting and other highway matters including footpaths adjacent with highways (Road Traffic Act 1977) and to make recommendations to the Council for action (v) To actively engage and provide assistance and support to jointly funded projects in line with the Council regulations and within the terms of the committee remit and report back to Council (vi) To be responsible for any budget delegated to it by the Council (vii) To ensure that the committee conforms to the principle of Best Value by the outcomes of its financial resolutions. (viii) To approve all payments made by the committee when submitted with the financial Report (ix) The Committee Clerk in consultation with the Chairman and committee members is delegated to submit comments in reference to the Keighley Town Centre, traffic management scheme in the circumstances that the committee is unable to meet prior to the agreed meeting schedule date. Prior consultation with the Chair must take place and comments submitted must be reported to the next ordinary watch and transport committee meeting.

8 DELEGATION TO OFFICERS

(a) Town Clerk

1. The Town Clerk is designated and authorised to act as the Proper Officer for the purposes of all relevant sections of the Local Government Act 1972 and any other stature requiring the designation of a proper officer.

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2. In the case of an emergency, the Clerk shall have the power to take reasonable steps to secure the Council’s assets or position, following consultation with the Mayor (if practicable in the circumstances).

3. The Clerk will have the authority to dispose of the Councils assets (excluding land and building assets) subject to the estimated value of any one tangible; moveable item does not exceed £500. The Clerk is responsible for ensuring any disposal details including the disposal values are recorded in the assets register.

4. Power to authorise staff to attend relevant training courses provided the expense can be met from approved budgets having taken into account the training needs of the employees. 5. The Town Clerk is authorised to book training courses for members of the Council in accordance with the Statement of Intent on Training and Development for Staff and Elected Members.

6. The Town Clerk is authorised to consider and approve requests from members to attend training from ‘non-authorised’ training providers. However, the member request must identify how the training development will meet the aims and objectives of the Council and how the training development will meet the service areas delivered. Where the Town Clerk refuses the training request, reasons must be provided to the member who will have the opportunity to request the Policies and Governance committee to consider and review the Clerks decision.

7. The Clerk is the manager for all staff employed by the Council and is given delegated powers to manage the council staff in accordance with the Council’s policies, procedures and budget

8. The authority to sanction and authorise payment of overtime in exceptional circumstances so long as the costs can be contained within the parameters of the approved budget. The Clerk shall have the authority to engage casual workers subject to budget and the Clerk shall consult with the Human Resources committee members when such work is to be sanctioned.

9. Power to act immediately on all Health and Safety or emergency issues without waiting for endorsement by the full Council

10. As Proper Officer, to sign all documents on behalf of the Council including the Summons to Elected Members to attend Council Meetings in accordance with paragraph 4 and Schedule 12 of the Local Government Act, 1972; The delegated authority from the Town Clerk is given to the following Clerks to send Council meeting summons for the Council meetings listed below:

Deputy Town Clerk  Civic Centre Committee  Events and Leisure Committee  Planning Committee  Watch and Transport

11. To sign and publish the annual public notice that the Audit of Accounts is to take place and has taken place.

12. To receive members’ acceptance of declarations of interest and their appointment as a Councillor.

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13. Power to release press statements on any activities of the Council subject to prior consultation with either the Chair of the relevant committee or the Mayor in accordance with the press and publicity policy set out in the standing orders

14. Power to act on own initiative to implement the Councils policies and objectives.

15. Power to take appropriate steps to ensure the Council does not exceed its powers.

16. Power to manage all the Council’s facilities and resources in accordance with the Council’s policies.

17. In liaison and after conferring with the Mayor, to make such Civic arrangements as are necessary.

18. Power to delegate any delegated powers and other powers to any member of staff as appropriate.

19. The Proper Officer shall have authority to issue written authorisation to individual officers to act as the Council’s authorised officers in the performance of their statutory or other duties.

20. Delegations to The Proper Officer in relation to the letting of contracts are set out in the Standing Orders.

21. Delegations to The Proper Officer in respect of land and premises are set out in the Standing Orders.

22. The Proper Officer shall also have delegated management authority for the following Services:

 Central Resources  Media and Corporate Issues  Personnel

23. The Proper Officer shall be responsible for signing all the Council’s Official Notices and for sealing Council documents as set out in the Standing Orders

22. As Proper Officer, the Clerk may incur expenditure on revenue items on behalf of the Council up to the amounts included in the approved budget

23. The Clerk may authorise another officer or officers of the Council to exercise the powers of the Clerk in his/her absence, without removing the overall responsibility of the Clerk for any such decisions.

24. In the absence of the Town Clerk, the Deputy Town Clerk shall have the authority to sign and seal any official notices and documents on behalf of the Council as set out in the Standing Orders. The powers exercised by the Deputy Town Clerk in such circumstances shall be recorded in the delegations register.

(b) Responsible Financial Officer

1. The Responsible Financial Officer will be responsible for all financial records of the Council and the careful administration of its finances and accounting procedures in accordance with the Accounts and Audit Regulations in force at any given time and with the policies and procedures set by the Council and within the law
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2. The Responsible Financial Officer will have the power to release any financial related report or document to the Council or it’s committees in discharge of the Responsible Financial Officer responsibilities

3. The Responsible Financial Officer shall ensure the approved precept is issued to the billing authority and shall supply each member with a copy of the approved annual budget.

(c) Deputy Town Clerk

1. Under the general supervision of the Town Clerk, the Deputy Town Clerk shall have:

 the power to manage, promote and co-ordinate the events agreed by the Council in consultation with the Events and Leisure committee

 the power to manage, promote and co-ordinate the Remembrance Day service as agreed by the Council

 the power to manage, promote and co-ordinate the Heritage Day event as agreed by the Council

2. The Deputy Town Clerk shall have the delegated authority to incur expenditure on:

 behalf of the Events and Leisure committee subject to the limit of £2,500 per event and within budget approved parameters and shall report the expenditure incurred for each event under delegated powers to the Events and Leisure committee

 the power to incur expenditure for the Remembrance Day event within the delegated budget of £2,500 and within budget approved parameters and shall report the expenditure incurred under delegated powers to the Events and Leisure committee

 Any revenue expenditure under the direction and authorisation of the Town Clerk within budget approved parameters

3. The Deputy Town Clerk shall have the delegated powers of the Proper Officer in the absence of the Proper Officer. The powers exercised by the Deputy Town Clerk in such circumstances shall be recorded in the delegations register.

4. The Deputy Town Clerk will have the authority to incur any revenue expenditure for the Civic Centre within the budget approved parameters

5. The Deputy Town Clerk will have the authority to incur any revenue expenditure within budget approved parameters for the following budgets:

• Office Administration (Finance and Audit committee) • Stationary (Finance and Audit committee) • Mayors Officer Security Costs (Finance and Audit committee) • Civic and Ceremonial (for the purposes of arranging the Mayor’s Annual Civic Service)

6. The Deputy Clerk in consultation with the planning committee is given delegated authority to reduce the number of applications to be considered by Committee when
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the number of applications for a scheduled meeting exceeds fifteen. The Deputy Clerk is delegated to submit a comment on any such application which is not to be considered by the Planning Committee in the circumstances described above. Prior consultation with the Chair must take place and comments submitted must be reported to the next ordinary planning committee meeting.

7. The Deputy Clerk in consultation with the Chairman and committee members is delegated to submit comments in reference to the Keighley Town Centre, traffic management scheme in the circumstances that the Watch and Transport committee is unable to meet prior to the agreed meeting schedule date. Prior consultation with the Chair must take place and comments submitted must be reported to the next ordinary Watch and Transport committee meeting.

(d) Allotments Officer

1. Under the general supervision of the Clerk, the Allotments Officer shall have power to manage the allotments and landscapes owned or controlled by the Council.

2. Under the general supervision of the Clerk, to exercise the following:  The administration and collection of fees and charges
 Letting of vacant plots
 Ensuring that the rules and regulations are adhered to (Rules and regulations in the use of the Council’s allotments by plot holders are set out in the Tenancy Agreements signed by all tenants)
 Resolution of disputes
 Promotion of allotments
3. The Allotments Officer is empowered to attend the Allotments and Landscapes committee meetings as the committee officer to advise the committee as required and for the discharge of all matters relating to allotments and landscapes
4. Ensuring that all allotment and landscape sites are maintained and repairs undertaken and reported back to the Allotments and Landscapes committee
5. The Allotments officer shall have the authority to incur revenue expenditure subject to a limit of £2,500 and within approved budget parameters and shall report the expenditure incurred under delegated powers to the Allotments and Landscapes committee
6. The powers delegated to the Allotments Officer shall be construed having regard to this delegation scheme

(e) Catering Manager

1. Under the general supervision of the Clerk, the Catering manager will exercise the following:  Event management and functions for private and corporate events  The authority to incur revenue expenditure to the maximum limit of £1,000 per order within budget approved parameters for the functions of the Civic Centre Café, Bar and Catering services having regards to the Councils approved policies, procedures and framework

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(h) Consultants

1. Consultants engaged by the Council do not have any delegation to make decisions or financial commitments on behalf of the Council.

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9 SUMMARY OF FINANCIAL DELEGATION TO OFFICERS
AUTHORITY LIMIT OFFICER SCOPE OF DECISION MAKING 1. To incur expenditure (Financial Regulations)
Within Budget Town Clerk As Proper Officer for the Council, the Clerk is tasked with enacting the decisions of the Council and does this within approved budget parameters <£2,500 per event and within budget

<£1,000 and within budget
Deputy Town Clerk

Deputy Town Clerk
As the Deputy Town Clerk who manages, promotes and co-ordinates events on behalf of the Events and Leisure Committee and for the Remembrance Day and Heritage Day event. Expenditure incurred under delegated powers shall be reported to the Events and Leisure committee

For the management, maintenance and repairs of the Civic Centre and for the ordering of cleaning supplies

Office administration and stationary Supplies

For booking security to assist the mayor on civic visits

Arrangements for the Mayors annual civic service as required
<£2,500 and within budget
Allotments Officer For the management, maintenance and repairs on Council owned allotments or land. Expenditure incurred under delegated powers shall be reported to the Allotments and Landscapes committee.
<£1,000 per order and within budget
Catering Manager For the Café, Bar and Catering Services

2. Emergency Expenditure (Financial regulation)
<£3,000 Town Clerk Repair work or other extreme urgency work which will be reported to the Finance & Audit committee <£3,000 Deputy Town Clerk In the absence of the Clerk, or acting on behalf of the Clerk, the Deputy Town Clerk is authorised to also action emergency measures when necessary

3. Certification of Invoices (Financial Regulation)
All invoices Responsible Finance Officer
The Responsible Finance Officer carries out the majority of the data input into the accounts system, they carry out another level of checks whilst analysing and coding