G2 - Scheme of Delegations to Officers

(a)

To act as Head of Paid Service for the purposes of the Local Government and Housing Act 1989.

(b)

To exercise in cases of urgency, those functions delegated to the executive directors, service directors, assistant directors or heads of service and in cases of emergency all powers of the Council.

(c)

To act as controller in war and to exercise all the powers of local government in the event of circumstances arising in which the County Council, or the committee to which emergency powers have been delegated, is unable to act.

(d)

To take all operational decisions necessary to secure the provision of services and/or the discharge of statutory functions, including the power to enter into contracts, in accordance with approved policies and financial regulations across the County Council.

(e)

In accordance with the procedure for taking urgent decisions contained in Chapter D3 (Procedure Rules for Urgent Decisions and Decision Review) of the Constitution, to make any decision normally reserved to committee or another officer.

(f)

To hold to account executive directors for the performance of their directorates.

(g)

To place items of business on agendas for formal member meetings.

(h)

To approve pay, terms and conditions of service and training of employees, except for approving the annual Senior Officer Pay Policy Statement which is reserved to the Full Council.

(i)

To determine the number, grade, title and nature of staff employed within the County Council.

(j)

To take all operational decisions necessary to secure provision of services and discharge of statutory functions, including the power to enter into contracts in relation to the Chief Executive’s support team, including support for Lord Lieutenant, Chair and Vice-Chair of Council.

In accordance with the approved policies and the Financial Procedure Rules

(k)

To ensure compliance with statutory requirements relating to complaints made to the Council about its public health functions and, where necessary, action is taken in light of the outcome of such complaints.

(Part 4, Regulation 22(1)(a), The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012)

(l)

To approve nominations to outside bodies, in consultation with Group Leaders, except where appointment to those bodies has been delegated to committees.

(a)

To make applications for planning permission in pursuance of Regulation 3 of the Town and Country Planning General Regulations 1992.

(b)

To incur expenditure in emergencies under Section 138 of the Local Government Act 1972.

(c)

To make all staff appointments below the level of executive director, except for any statutory roles, and to determine the remuneration and conditions of service of each post within any guidance or instructions issued by the Assistant Director, HR Services.

(d)

To dispense with any provision of the Contract Regulations, but only in accordance with the detailed requirements for exemptions set out in Chapter G7 (Contract Procedure Rules) and/or Chapter G6 (Scheme of Financial Management) up to a fixed sum (A7 below) or up to the EU threshold, and in consultation with the relevant committee chair and vice-chair.

(e)

To approve, with the agreement of the Section 151 Officer, new revenue or capital schemes by Trading Units at no net cost to the Council.

(f)

To exercise corresponding powers and duties as already delegated to officers of the Council within the Scheme of Delegation where these or similar powers and duties are included in revised acts, orders or regulations.

(g)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in accordance with approved policies and financial regulations or the purpose of this Scheme of Delegation, this shall include the power to authorise the sealing of contract documents including plans and schedules in the absence of specific committee authority.

(h)

To determine the number, grade, title and nature of staff within their directorate and all other terms and conditions.

Subject to budget and in consultation with the Assistant Director of HR.

(i)

To hold officers to account for the performance of their service areas.

(j)

To approve nominations to outside bodies, in consultation with the chair of the relevant committee (or in their absence the vice-chair).

A1

Capital virement

£250,000

A2

Revenue virement (including operational savings)

£175,000

A3

Debt write-off

£5,000

A4

Loans to other persons or organisations

£5,000

A5

Property transaction – capital value

£500,000

A6

Property transaction – annual rental

£150,000

A7

Loans and expenditure from funds

£300,000

(a)

To approve any changes to the Scheme of Financial Management as may be necessary from time to time to reflect and take account of changes in legislation, guidance, Council policy, decisions of the Council and any drafting changes or improvements. This shall not include any changes of substance.

In consultation with the Chair of the Strategy, Resources and Performance Committee. Not to be exercised if the Chair of the Strategy, Resources and Performance Committee objects to the proposed change.

(b)

To manage trust funds on behalf of the Council.

(c)

The treasury management function including the management of debt and the borrowing and investment of money (excluding the Superannuation Fund).

(d)

To approve the Council’s banking facilities; arrangements for the signing and security of cheques, etc.

(e)

Capital financing determinations under the Local Government and Housing Act 1989 where these may be made by an officer.

(f)

To approve supplementary estimates of expenditure under Section 138 of the Local Government Act 1972 (emergencies or disasters affecting.

(g)

To approve any detailed schemes of local financial management.

(h)

To approve the implementation of local financial systems.

(i)

Responsibility for the proper administration of the Pensions Service to safeguard the financial position of the Pension Fund (LGPS).

Where possible, in consultation with the Chair of the Pension Fund Committee (or, in their absence, the Vice-Chair).

(j)

To write off bad or irrecoverable debts or deficiencies relating to stores or property up to a maximum amount set out in the Council’s constitution or unlimited if the debtor is bankrupt/insolvent; unable to be traced; in prison and has no means to pay; or there is no, or uncertain liability.

(k)

To make loans in furtherance of service objectives to other persons or organisations up to a maximum amount set out in the Council’s constitution.

(l)

To determine requests for the Council to act as co-guarantor for leases held by voluntary organisations and charities.

In consultation with the appropriate committee chair (or in their absence the vice-chair)

(m)

To authorise schools to plan for a deficit budget to finance exceptional purchases/ projects.

In consultation with the Executive Director of Children, Education and Families

(n)

To review and increase financial limits on an annual basis, taking account of inflation.

Subject to consultation with the appropriate committee chair (or in their absence the vice-chair)

(o)

To sign off grant claims.

(p)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in relation to

(i) Commercial Services, including:

· Acquisitions and investment;

· Contract management;

· Fees;

· Charges and trading policy; and

· Asset strategy

(ii) Shared Services, including:

• Governance
• Programme Delivery Team

(iii) Customer Services, including:

• The contact centre; and
• Corporate reception sites

(iv) Information Technology and Digital Service, including:

• Council-wide strategy; and
• Support for all business systems

In accordance with the approved policies and the Financial Procedure Rules

(q)

Manage the Council’s responsibilities in its capacity as lead authority (in conjunction with North Northamptonshire Council) in providing the following services to other councils in accordance with the Shared Services Agreement dated 16 April 2016 made between Cambridgeshire County Council, North Northamptonshire Council, West Northamptonshire Council and Milton Keynes Council:

(i) Insurance Services;

(ii) Accounts Payable and Finance Helpdesk; and

(iii) Debt and Income.

(r)

Negotiate the Shared Services Plan required by the Shared Services Agreement and make recommendations to the councils party to that agreement as to the provision of financial and other resources.

(s)

Authorise and manage delegations to other councils made in accordance with the Shared Services Agreement, including:

(i) Internal Audit and Risk Management;

(ii) Business Systems;

(iii) Performance and Governance Services;

(iv) HR transactions and payroll; and

(v) Pensions.

(a)

To make such amendments to the Constitution and related documents, as may from time to time become necessary to reflect and take account of changes in legislation, guidance, Council policy, decisions of the Council and any drafting changes or improvements. This shall not include any changes of substance.

In consultation with group leaders. Not to be exercised if any group leader objects to the proposed change.

(b)

To maintain an up-to-date version of the Constitution and will ensure that it is widely available for consultation by members, staff and the public.

(c)

To report to the Council any proposal, decision or omission which they believe would give rise to unlawfulness or if any decision or omission has given rise to maladministration. Such a report will have the effect of stopping the proposal or decision being implemented until the report has been considered.

In consultation with the Head of Paid Service and Section 151 Officer

(d)

To act as the solicitor to the Council to provide advice on the scope of powers and authority for the Council to take decisions, maladministration, probity and governance issues, to all councillors and to support and advise councillors and officers in their respective roles.

In consultation with the Section 151 Officer

(e)

To act as the proper officer for the purposes of the Local Government Act 2000 and regulations made there under, except where legislation or the Scheme of Delegation names another officer.

(f)

In cases of dispute, to decide upon a member's "need to know".

(g)

To contribute to the promotion and maintenance of high standards of conduct through provision of support to the Constitution and Ethics Committee. This will include making arrangements for the hearing of allegations against members concerning breaches of the Code of Conduct.

To support the Constitution and Ethics Committee in ensuring the Council’s Constitution is fit for purpose and in this role, shall keep it under review and make recommendations as to how it might be amended to better achieve the purposes set out in Chapter A1 (The Constitution), or in response to changes in law.

(h)

In the case of allegations that a councillor has breached the Members’ Code of Conduct, to conduct an initial assessment of complaint and make a decision as to whether the complaint warrants investigation or any other action.

In partnership with the Council’s independent person.

(i)

Where allegations of breaches of the Members’ Code of Conduct are referred for investigation, to make arrangements for the conduct of such investigations and report the findings to the Constitution and Ethics Committee.

(j)

To act as the proper officer for Access to Information and shall ensure that decisions of the Council and its committees, together with the reasons for those decisions, and relevant officer reports and background papers are made publicly available as soon as possible.

(k)

To advise whether decisions of the Council and its committees are in accordance with the Budget and Policy Framework.

(l)

To provide advice on the scope of powers and authority to take decisions, maladministration, financial impropriety, probity and Budget and Policy Framework issues to all councillors.

(m)

To determine whether information should be exempt from disclosure under the provisions of Section 36 of the Freedom of Information Act 2000.

(n)

To agree procedures for the conduct of all appeals heard by the Council’s Service Appeals Sub-Committee.

(o)

To agree procedures for the conduct of Council’s Education Admission Appeals and Exclusion Reviews and the selection and appointment of members to Council’s appeals panels.

(p)

To make applications for the grant of Letters of Administration for the use and benefit of children in the care of the Council.

(q)

To determine whether an application for planning permission is required for Council Matters (Minerals and Waste); and to determine whether planning permission is required in respect of development to be carried out by the Council.

(r)

To manage legal services, including externally commissioned legal advice.

(s)

To obtain information or serve statutory notices to ascertain the legal interest of any person in land.

(t)

To authorise the institution, defence, withdrawal, compromise or any other action relating to claims or legal proceedings at common law or under any enactment, statutory instrument, order or bylaw conferring functions upon the authorities or in respect of functions undertaken by the authorities.

(u)

To authorise officers to prosecute or defend or appear in any legal proceedings

(Section 223 of the Local Government Act 1972)

(v)

To affix the common seal to all documents necessary to bring into effect decisions of the Council’s or any committee, sub-committee or officer in pursuance of powers delegated by or on behalf of the Council.

(w)

To declare vacancies in office and give public notice of a casual vacancy, in consultation with the Chair of the Council (or in their absence the Vice-Chair) and subject to noting at the next Full Council meeting.

(x)

To authorise the giving of any indemnity by the Council.

(a)

To be the designated Director of Adult Services and to exercise the Social Services functions of the Council as set out in Schedule 1 of the Local Authority Social Services Act 1970.

(b)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in relation to Adult Social Care, including:

• Safeguarding
• Mental Health
• Disability
• Older People
• Residential services
• Day services
• IT systems
• Partnership and Planning

In accordance with the approved policies and the Financial Procedure Rules.

(a)

To be the designated Director of Children Services in accordance with Section 18(1) of the Children’s Act 2004.

(b)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in relation to Children’s Social Care, including:

· Education

· Special educational needs and disability

· Safeguarding and protection

· Children’s social care

· Youth services

· Early Years

· IT systems

· Partnership and planning

· Social and Educational Transport

· Youth offending

In accordance with the approved policies and the Financial Procedure Rules.

(c)

To approve school governor appointments for which the Council has responsibility and to report these decisions quarterly to the Children and Young People Committee.

(d)

To discharge the guardianship provisions under the Mental Health Act 1983.

(a)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in relation to:

(i) Highways and Transport, including:

• Major infrastructure delivery
• Transport and infrastructure policy and funding
• Highways
• Assets and commissioning
• Traffic and road safety

(ii) Planning, Growth and Environment, including:

• Waste disposal
• Growth and economy
• Historic environment
• Heritage services
• Strategic planning
• Planning

(iii) Climate Change

• Climate change
• Energy services

(iv) Digital Infrastructure

(v) Regulatory Services, including:

• Registration Services
• Coroners Services
• Trading Standards

In accordance with the approved policies and the Financial Procedure Rules.

(a)

To prepare an annual report on the health of the people of Cambridgeshire.

(Section 31, Health and Social Care Act 2012)

(b)

To prepare an annual health protection report to the Health and Wellbeing Board to cover a summary of relevant activity and the multi-agency health protection plans in place, establish how the various health protection responsibilities are discharged, and identify their relationship to the Joint Strategic Needs Assessment and Health and Wellbeing Strategy priorities.

(c)

To exercise the Council’s powers and duties to improve the health of the people in the Council’s area

This includes:

(i) Providing information and advice;

(ii) Providing services or facilities designed to promote healthy living (whether by helping individuals to address behaviour that is detrimental to health or in any other way);

(iii) Providing services or facilities for the prevention, diagnosis or treatment of illness;

(iv) Providing financial incentives to encourage individuals to adopt healthier lifestyles;

(v) Providing assistance (including financial assistance) to help individuals to minimise any risks to health arising from their accommodation or environment;

(vi) Providing or participating in the provision of training for persons working or seeking to work in the field of health improvement; and

(vii) Making available the services of any person or any facilities.

(Section 30, Heath and Social Care Act 2012 and Section 2B, NHS Act 2006)

(d)

Responsibility for exercising the Council’s powers and duties that relate to planning for, or responding to, emergencies involving a risk to public health.

(Section 30, Heath and Social Care Act 2012 and Section 73A, NHS Act 2006)

(e)

Responsibility for exercising the Council’s powers and duties that relate to arrangements for assessing etc risks posed by certain offenders.

(Section 30, Heath and Social Care Act 2012. Section 325, Criminal Justice Act 2003)

(f)

To conduct, commission or assist the conduct of research for any purpose connected with the exercise of the Council’s functions in relation to the health service and to obtain data, information or advice from persons with professional expertise pursuant to conducting such research.

(Section 17, Heath and Social Care Act 2012. Section 5, NHS Act 2006.)

(g)

To discharge those functions of the Council arising from the requirement that a licensing authority, when determining and publishing a licensing statement.

(Section 5(3)(bb) (statement of licensing policy) of the Licensing Act 2003,)

(h)

In relation to the Licensing Act 2003:

(i) To make representations on behalf of the Council to a licensing authority in relation to the determination of an application for, or a variation or minor variation of, a premises licence.

(ii) To make representations on behalf of the Council to a licensing authority in relation to the determination of an application for a provisional statement.

(iii) To make an application or representations on behalf of the Council to a licensing authority for and/or in relation to the review of a premises licence.

(iv) To make representations on behalf of the Council to a licensing authority in relation to the summary review of a premises licence.

(v) To make representations on behalf of the Council to a licensing authority in relation to the determination of an application for, or a variation or minor variation of, a club premises certificate.

(vi) To make an application or representations on behalf of the Council to a licensing authority for and/or in relation to the review of a club premises certificate.

(vii) To make representations on behalf of the Council to a licensing authority in relation to the inspection of premises prior to the grant of a club premises certificate.

(viii) To make representations on behalf of the Council to a licensing authority in relation to the review of a club premises licence following a closure order.

(ix) To make representations on behalf of the Council to a licensing authority in relation to the determination of an application for an early morning alcohol restriction order.

(Sections 18, 35 and 41B and Sections 31, 51, 52, 53, 53C, 72, 85, 86B, 87(d), 88, 89, 96, 167(e) and 172B(f) of the Licensing Act 2003)

(i)

Responsibility for exercising the Council’s powers and duties to provide, or secure the provision of, oral health promotion programmes to the extent that the Council considers appropriate.

Responsibility for exercising the Council’s powers and duties to provide, or secure the provision of oral health surveys to facilitate:

(i) The assessment and monitoring of oral health needs;

(ii) The planning and evaluation of oral health promotion programmes;

(iii) The planning and evaluation of the arrangements for the provision of dental services as part of the health services; and

(iv) Where there are water fluoridation programmes affecting Cambridgeshire, the monitoring and reporting of the effect of water fluoridation programmes.

(The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012 and Section 87 (1) of the Water Industry Act 1991.)

(j)

Responsibility for exercising the Council’s powers and duties to respond to oral health surveys conducted or commissioned by the Secretary of State under paragraph 13(1) of Schedule 1 to the National Health Service Act 2006 where the survey is conducted within Cambridgeshire.

(The NHS Bodies and Local Authorities (Partnership Arrangements, Care Trusts, Public Health and Local Healthwatch) Regulations 2012)

(k)

Responsibility for exercising the Council’s powers and duties relating to the making of, and consultation on, water fluoridation proposals to the Secretary of State.

(Section 36, Heath and Social Care Act 2012 and Section 88B, Water Industry Act 1988)

(l)

Responsibility for exercising the Council’s powers and duties to provide for the medical inspection at appropriate intervals of pupils in attendance at schools maintained by the Council as local education authority and for the medical treatment of such pupils.

(m)

Responsibility for exercising the Council’s powers and duties to provide for the medical inspection or treatment of:

(i) Senior pupils in attendance at any educational establishment, other than a school, which is maintained by the Council and at which full-time further education is provided; or

(ii) Any child or young person who, in pursuance of section 19 or 319 of the Education Act 1996 (c. 56), is receiving primary or secondary education otherwise than at a school.

(i) subject to the prior agreement of the governing body of the establishment

(n)

Responsibility for exercising the Council’s powers and duties to provide for the medical inspection or treatment of pupils in attendance at any educational establishment which is not maintained by a local education authority by arrangement with the proprietor of that establishment.

(Section 17, Heath and Social Care Act 2012 and Section 5, NHS Act 2006.)

(o)

Responsibility for exercising the Council’s powers and duties to provide for the weighing and measuring of pupils in attendance at any school which is maintained by the authority and, by arrangement with the proprietor, at any school which is not maintained by the Council.

(Section 17, Heath and Social Care Act 2012, Section 5, NHS Act 2006. Part 2, Regulation 3 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(p)

Responsibility for exercising the Council’s powers and duties to provide, or make arrangements for the provision of, health checks to eligible persons within the Council’s area, pursuant to the requirements set out in the legislation below.

(Section 2B, National Health Service Act 2006.

Part 2, Regulations 4 and 5 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(q)

Responsibility for exercising the Council’s powers and duties to provide, or make arrangements for the provision of, open access sexual health services within the Council’s area, including:

(i) Contraceptive services; and

(ii) Services related to the prevention and treatment of sexually transmitted infections.

(Section 2B and Schedule 1 (para. 8), National Health Service Act 2006. Part 2, Regulation6 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(r)

Responsibility for exercising the Council’s powers and duties to provide, or make arrangements for the provision of, a public health advice service to any clinical commissioning group whose are falls wholly or partly within the Council’s area.

(Section 2A and 2B, National Health Service Act 2006.

Part 2, Regulation 7 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(s)

Responsibility for reviewing the range of matters to be covered by any such public health advice service, having had regard to the needs of the people in the Council’s area and in agreement with the clinical commissioning group(s) to which the service is provided.

(Section 2A and 2B, National Health Service Act 2006.

Part 2, Regulation 7 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(t)

Responsibility for exercising the Council’s powers and duties relating to independent mental health advocate services.

(Section 130, Mental Health Act 1983 and Section 43, Health and Social Care Act 2012.)

(u)

Responsibility for exercising the Council’s powers and duties relating to the provision of direct payments for healthcare.

(Section 12A, NHS Act 2006 and Schedule 4, Part 1, Health and Social Care Act 2012.)

(v)

Responsibility for exercising the Council’s powers and duties relating to independent mental capacity advocates.

(Section 35, Mental Capacity Act 2005 and Schedule 4, Part 1, Health and Social Care Act 2012.)

(w)

Statutory functions relating to protecting the health of the local population.

Responsibility for exercising the Council’s powers and duties to provide information and advice to responsible persons and relevant bodies within, or which exercise functions relating to, the Council’s area, with a view to promoting the preparation of appropriate local health protection arrangements.

(Section 2A and 2B, National Health Service Act 2006.

Part 2, Regulation 8 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT).)

(x)

Statutory functions relating to charges in respect of the Council’s functions under Section 2B of the NHS Act 2006 -

Responsibility for exercising the Council’s powers and duties to make and recover charges in respect of:

(i) Providing information and advice;

(ii) Providing services and facilities designed to promote healthy living;

(iii) Providing or participating in the provision of training for persons working or seeking to work in the field of health improvement; and

(iv) Making available the services of any person or

facilities.

(Section 2B, National Health Service Act 2006 and Part 3, Regulation 9 of The Local Authorities (Public Health Functions and Entry to Premises by Local Healthwatch Representatives) Regulations 2012 (DRAFT)

(y)

Responsibility for exercising the Council’s powers and duties to enter into prescribed arrangements with the prison service insofar as those arrangements relate to securing and maintaining the health of prisoners.

(Section 249, National Health Service Act 2006 and Section 29, Health and Social Care Act 2012.)

(a)

To take all operational decisions necessary to secure the provision of services and/or discharge of statutory functions, including the power to enter into contracts, in relation to

(i) Communications and information, including:

• Press and media
• Council-wide campaigns
• Council brand
• Website

(ii) Community Services

• Libraries
• Archives
• Cultural Services
• Community development and resilience
• Adult and community skills and learning
• Community engagement and participation

(iii) Business Planning, including:

• Policy, design and delivery services
• Business intelligence

• Emergency and business continuity planning

(iv) The Legal and Governance Service including:

• Internal Audit and Risk Management
• Information Governance and Data Protection
• Democratic and Member Services

(v) Community Safety, including:

· Domestic abuse and sexual violence

· Prevent and hate crime

· Homelessness prevention

In accordance with the approved policies and Financial Procedure Rules

(b)

To provide elections management support to the county returning officer.