Transparency
Scheme of Delegation
This Scheme of Delegation forms part of the Council’s Financial Regulations and Standing Orders. It will be reviewed annually and when there is a change of Clerk/RFO. The purpose of this document is to clearly define the parameters within which the Clerk/RFO of the Council can act without reference
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.
In practice, Great and Little Hampden Parish Council has not often needed such delegation, the agreed cycle of meetings is regular and gaps between most meetings are limited. The most frequent time when delegated powers would be beneficial are in respect of commenting on planning applications. It is not unusual for the planning authority to require observations from the Parish Council outside the normal meeting cycle. In these circumstances, delegated authority would make the work of the Parish Council more efficient and beneficial to local electors.
Such arrangements are lawful provided that the officer does not simply act under the direction of the member, as this would be effectively delegation to a single member and there is no power in the 1972 Act to delegate to a single member.