Part 3 - Responsibility for functions

Below are the responsibility for functions.

5.1         The Council is required to make very many executive and non-executive decisions every day.  It would be quite impracticable to make all or many of these decisions through full Council, the Cabinet and other Council bodies. The full Council, Cabinet and the Leader, are able to delegate powers to the Cabinet, individual Cabinet Members and to Officers.  Such powers are called “delegated powers” and the distribution of responsibility amongst the Leader of the Council, Cabinet Members and Officers for making decisions under delegated powers is set out in this Scheme.  Such powers must be exercised in accordance with the conditions specified in paragraphs 5.2 to 5.8 below.

This scheme does not delegate to the Leader of the Council, Cabinet Members and Officers:

5.1.1             Except under delegation CE1 any matter reserved to full Council (see Tables 1 and 2 of this Part of the Constitution);

5.1.2             Any matter that by law may not be delegated to the Leader of the Council, a Cabinet Member or Officer.

5.2         Delegated powers must be exercised in accordance with:

5.2.1             The law;

5.2.2             All of the rules, procedures, codes and protocols contained in the Council’s Constitution;

5.2.3             Council policy.

5.3         Before exercising delegated powers, the Leader of the Council, Cabinet Members and Officers must satisfy themselves that the decision is:

5.3.1             Authorised by law and, if in doubt, will consult with the Assistant Director of Legal Services;

5.3.2             Within budget (allowing for such variance as may be permitted under the Council’s Financial Regulations) and if in doubt will consult with the Executive Director of Corporate Resources.

5.4         Before exercising delegated powers the Leader of the Council, Cabinet Members and Officers must consider whether it would be advantageous and/or prudent to consult with the Leader of the Council, another Cabinet Member or any other Member of the Council and/or Officer, and whenever they consult with another will carefully consider any response that they receive.   In any event, consultation will always be required with all persons referred to in the column “Consultation under paragraph 5.4” in the table below headed Particular Delegations to Officers and in accordance with paragraph 5.9.

5.5         Before exercising delegated powers, Officers will consider whether the use of a power might be regarded as sensitive or contentious by Members of the Council and if it appears that this will be the case, they will:

5.5.1             In respect of any executive function, consult with the Leader of the Council or Cabinet Member with responsibility for that area;

5.5.2             In respect of any non-executive function, consult with the Chair and other political groups’ Lead Members of the committee having responsibility for that matter and any Member of the Council whose electoral division will be affected by the exercise of delegated powers.

5.6         In the absence of a Cabinet Member or if a Cabinet Member is unable to or should not exercise a delegated power, the Leader of the Council may exercise that delegated power.

In the absence of the Leader of the Council or if the Leader of the Council is unable to or should not exercise a delegated power or other power under the Constitution, any Cabinet Member or the Cabinet may exercise those powers.

5.7         The Officers named in this scheme shall be deemed to include any other Officer of the Council that they authorise in writing to exercise delegated powers on their behalf provided:

5.7.1             An Officer named in this scheme must maintain a written record of any other Officer they have authorised to exercise delegated powers on their behalf and any limitation that they have imposed on the extent and duration or other exercise of those powers in addition to those specified in this scheme;

5.7.2             A copy of the information specified in paragraph 5.7.1 must be given to the Monitoring Officer before another Officer exercises a power on behalf of a named Officer and the Monitoring Officer shall place this information on a register that, in accordance with Section 100G of the Local Government Act 1972, will be maintained for inspection by the public.

5.8     The Leader of the Council, Cabinet Members and Officers must maintain a complete and permanent written record of all executive decisions, which must (as a minimum) include:

5.8.1      A dated record of that decision;

5.8.2      A record of the reasons for the decision;

5.8.3      Details of any alternative options considered and rejected at the time by the person when making the decision;

5.8.4      A record of any consultation with Members and/or Officers

5.8.5      A record of any conflict of interest declared by any Executive Member who is consulted in relation to the decision; and

5.8.6      In respect of any declared conflict of interest a note of any dispensation granted by the Audit and Governance Committee of the Council.

Note:   Records of all executive decisions are required to be available for public inspection after the decision has been taken, in the same way as Cabinet papers.

5.9         There shall be delegated to the Leader of the Council and each Cabinet Member all executive functions, duties or powers of the Council within their area of responsibility as specified in paragraph 4.4 of Section 4 of the Constitution.  In exercising such functions, duties or powers, the Leader and Cabinet Members will consult with the Director or Head of any service area affected by their decision.

5.10       The functions, powers and duties identified in the table below headed “Particular Delegations to Officers” are delegated to Officers of the Council.  Any Officer referred to in the “Appropriate Officer” column of the table below and to whom powers have been delegated, shall include any other person subsequently taking on that Officer’s responsibilities.

5.11       The Executive Director: Children and Families has responsibility for the statutory functions of the Director of Children's Services in accordance with Section 18 of the Children Act 2004.

5.12       The Officer designated as Director of Adult Social Services in accordance with Section 6(A1) of the Local Authority Social Services Act 1970 (as inserted by paragraph 2(2) of Schedule 2 to the Children Act 2004) shall be the Executive Director of Adult Social Care and Public Health.

Particular Delegations to Officers

Decision Category Number

Function, duty or power to be delegated

Appropriate Officer

Consultation under paragraph 5.4

CE1

To take any decision that could be taken by the Council, the Cabinet, any committee or any Officer (provided such action is taken in accordance with the law, Rules on Access to Information about the County Council’s Business and the Cabinet Procedure Rules).

Chief Executive.

 

Council function - Chair and Leader of the Council.

 

Cabinet function - Leader of the Council or Cabinet Member, as appropriate.

 

Committee function - Chair and Lead Members

CE2

To be the Proper Officer of the County Council in relation to Section 270(3) of the Local Government Act 1972.

Chief Executive

N/A

CE3

To fill casual vacancies on committees, in accordance with Sections 15-17 of the Local Government & Housing Act 1989.

Chief Executive

Group leader of the political group entitled to appoint a Member to any committee by virtue of any vacancy that has arisen

CE4

To be the Returning Officer for County Council elections and undertake the functions of the Council in relation to elections.

Chief Executive

N/A

CE5

To permanently appoint, determine the terms of appointment and terminate the appointment of all staff (except those Officers within the responsibility of the Appointments Committee) under Section 112 of the Local Government Act 1972.

 

 

 

Chief Executive

Executive Director of Corporate Resources

 

 

 

 

 

 

       
     
 
   

 

 

 

 

 

 


To appoint on a temporary or acting up basis for up to one year, determine the terms of appointment and terminate the appointment of those Officers within paragraph 2 of the duties of the Appointments Committee.

 

All Cabinet Members Group Leaders and relevant Scrutiny Chair.

 

To appoint on an interim basis and for a maximum period of up to six months to the positions of those officers within paragraph 2 of the duties of the Appointments Committee.

 

All Cabinet Members Group Leaders and relevant Scrutiny Chair.

 DCR 1

To be responsible for and do anything required for the proper administration of the financial affairs of the Council.

Executive Director of Corporate Resources

N/A

 DCR 2

To make arrangements for the financing of the capital programme of the Council by borrowing, leasing or other arrangements.

 

 

 

 

Executive Director of Corporate Resources

Leader of the Council or Cabinet Member, as appropriate.

 DCR 3

The functions, duties or powers of the Pensions Committee.

Executive Director of Corporate Resources

Chair of the Pensions Committee for all decisions with financial implications over £250,000

 

 DCR 4

To formulate and issue general guidelines to Officers on financial matters including insurance and the writing-off of debts.

Executive Director of Corporate Resources

N/A

 DCR 5

To determine arrangements for treasury management in accordance with the Council’s policy statement and approved treasury management practices and where relevant CIPFA’s Standard of Professional Practice on Treasury Management.

Executive Director of Corporate Resources

N/A

 DCR 6

To make arrangements for the Internal Audit of the Council.

Executive Director of Corporate Resources

N/A

 DCR 7

To manage the County Fund and all subsidiary accounts and any reserve or other fund.

Executive Director of Corporate Resources

N/A

DCR 8

To operate the Local Government Superannuation Regulations, including the exercise of discretion under those Regulations.

Executive Director of Corporate Resources

Relevant Cabinet Member for all decisions with financial implications over £250,000

 

DCR 9

To implement national and local pay awards and increase payments under the Pension Increase Act.

Executive Director of Corporate Resources

N/A

 DCR 10

To make finance leasing arrangements and authorise and make any other financial transaction including the borrowing and lending of money.

Executive Director of Corporate Resources

Relevant Cabinet Member for all decisions with financial implications over £250,000

 

 DCR 11

To authorise the writing-off of stock, other than through fair wear and tear.

Executive Director of Corporate Resources

N/A

 DCR 12

To effect adequate insurance cover for the Council.

Executive Director of Corporate Resources

N/A

 DCR 13

To exercise all other functions relating to the Financial Management of the Council.

Executive Director of Corporate Resources

N/A

 DCR14

To acquire and dispose of any interest in land and manage the Council’s estate.

Executive Director of Corporate Resources

Relevant Cabinet Member for all decisions with financial implications over £250,000

 

 DCR 15

 

To manage the provision of information technology services to the Council.

Executive Director of Corporate Resources

N/A

 DCR 16

To manage the function relating to Communications and Engagement

Executive Director of Corporate Resources

N/A

 DCR 17

To exercise all other functions relating to support services except for functions falling within decision categories  ALDS 1 to 3 and MO1

Executive Director of Corporate Resources

N/A

 DCR 18

To secure the proper management of the Council’s human resources except for functions falling within decision categories CE5 and ALDS 1 to 3

 

Executive Director of Corporate Resources

N/A

DCR 19

To exercise all other functions relating to the following services: Planning, Performance & Change; Democratic Services; Information Management; Corporate Complaints; Archives; the Executive and Cabinet Offices; the SHE team; and Legal Services, except for functions within decision categories ADLS1 to 5

Executive Director of Corporate Resources

 

N/A

DPPG1

The functions of the Safety & Licensing Committee under paragraphs 2 and 3 of its terms of reference.

 

 

Director of Policy, Performance and Governance

N/A

 DPPG2

To publish standards for the whole Council, which will secure the efficient processing of information.

 

Director of Policy, Performance and Governance

N/A

MO1

To make payments or award other benefits under Section 92 of the Local Government Act 2000 (payments in respect of maladministration and related discretionary payments.

Monitoring Officer

Chief Executive, Chief Financial Officer and/or Director responsible for the service in respect of which a payment or other benefit is awarded.

MO2

To amend the Constitution in any way whatsoever in order to secure compliance with the law and the convenient, efficient and effective discharge of any Council function.  Such amendment to be reported to the Constitution Committee and reported to and ratified by the full Council (in respect of any non-executive function) or the Cabinet (in respect of any executive function).

 

Monitoring Officer

Chief Executive and any Director whose service is affected by any amendment to the Constitution.

MO 3

The functions of the Constitution Committee to advertise for, interview and appoint persons as members of an Independent Remuneration Panel.

 

Monitoring Officer

Lead Members of the Constitution Committee.

CFO1

To manage the operations of the Gloucestershire Fire and Rescue Service.

Chief Fire Officer

Most relevant Cabinet Member(s) or Chief Executive for all decisions with financial implications over £250,000

 

CFO2

To exercise all other functions relating to the areas of responsibility of the following services: Trading Standards, Coroners and Civil Protection

Chief Fire Officer

Most relevant Cabinet Member(s) or Chief Executive for all decisions with financial implications over £250,000

DCFO1

Without prejudice to the powers of the Director of Economy, Environment and Infrastructure to sign warrants and authorise Officers to enforce the legislation referred to in the Trading Standards Legislation Master List held by the Assistant Director of Legal Services and to issue statutory notices in relation to that legislation.

Deputy Chief Fire Officer

N/A

DEEI1

The functions of the Safety and Licensing Committee except those within paragraphs 2, 3, 4 and 7 of its terms of reference and decision categories  ADLS1to 3.

Executive Director of Economy, Environment and Infrastructure

N/A

DEEI2

 

 

To enforce the Trading Standards, Food, Animal Health and other legislation referred to in the Trading Standards Legislation Master List held by the Assistant Director of Legal Services  and issue statutory notices in relation to that legislation

Executive Director of Economy, Environment and Infrastructure

N/A

DEEI3

 

 

 

To exercise the functions of the Commons and Rights of Way Committee as Local Highway Authority 

Commons and Rights of Way Committee terms of reference 3 to 19.

 

Executive Director of Economy, Environment and Infrastructure

N/A

DEEI4

 

 

To be the Proper Officer in relation to functions under the Highways Act 1980.

Executive Director of Economy, Environment and Infrastructure

N/A

DEEI5

 

 

 

 

To exercise the functions falling within Planning Committee terms of reference 1 to 14 and 16 to 25, except decision categories ADLS1 to 3 of this Scheme of Delegation.

Executive Director of Economy, Environment and Infrastructure.

(Note:  Where the  Executive Director is an Officer whose responsibilities include any aspect of the management of any land or building to which an application made by the Council relates, or is responsible for a function (other than as planning authority) materially affected by any planning matter, this power is delegated to the appropriate senior officer).

 

Assistant Director of Legal Services.

DEEI6

 

To exercise the functions of the Traffic Regulation Committee (terms of reference 1 to 12), except those falling within decision categories  ADLS1 to 3 of this Scheme of Delegation.

Executive Director of Economy, Environment and Infrastructure

Assistant Director of Legal Services.

DEEI7

 

To exercise all other functions relating to the areas of responsibility of the following services: Development, Planning, Transport & Community Infrastructure, Road Safety, , Registration, Libraries and Waste Management except decision categories ADLS 1 to 3 (although, in cases when only an Officer other than the Assistant Director of Legal Services may institute proceedings, the Director of Economy, Environment and Infrastructure may institute a prosecution once it has been authorised under ADLS2).

 

Executive Director of Economy, Environment and Infrastructure

Relevant Cabinet Member for all decisions with financial implications over £250,000

DEEI8

Making agreements under Section 278 of the Highways Act (as amended) for the execution of highway works.

Executive Director of Economy, Environment and Infrastructure

Relevant Cabinet Member for all decisions with financial implications over

£250,000

DASS1

The functions of the Safety and Licensing Committee under paragraph 7 of its terms of reference.

 

 

Executive Director of Adult Social Care and Public Health

 

N/A

DASS2

To exercise all other functions relating to the areas of responsibility of Adult Social Services except decision category ADLS 1to 3.

 

Executive Director of Adult Social Care and Public Health

Relevant Cabinet Member for all decisions with financial implications over £250,000

 

DCS1

The functions of the Safety and Licensing Committee under paragraph 4 of its terms of reference.

Executive Director of Children’s Services

 

 

N/A

DCS2

To exercise all other functions relating to the areas of responsibility of Children’s Services, Education and Learning except decision category ADLS 1 to 3 and in relation to the commissioning of Children’s Services.

Executive Director of Children’s Services

Most relevant Cabinet Member(s) for all decisions with financial implications over £250,000

 

DPS1

The functions of Chapter 2 Part 5 of the Counter Terrorism and Security Act 2015

Director of Partnerships and Strategy

 

ADLS1

To authorise the institution, defence withdrawal or settlement of any claims or legal proceedings, civil or criminal, the issue of cautions and to authorise the enforcement of any order made in those proceedings.

 

Assistant Director of Legal Services

Director of any service area affected by such a decision.

ADLS2

To authorise Officers of the County Council to prosecute or defend or appear in any legal proceedings (NB: The Assistant Director of Legal Services will authorise every decision to prosecute or defend such proceedings, including those which by law may only be instituted by another Officer).

 

Assistant Director of Legal Services

Director of any service area affected by such a decision.

ADLS3

To authorise the withdrawal or settlement of any dispute between the Council and any third party, including those that have been referred to any statutory or non-statutory Tribunal or arbitrator (this includes authorising ex gratia payments not otherwise delegated).

 

Assistant Director of Legal Services

Director of any

 service area affected by such a decision.

ADLS4

To be the adjudicator for disputes under the Local Government Pension Scheme.

 

Assistant Director of Legal Services

N/A

ADLS5

The functions of the Commons and Rights of Way Committee under paragraphs 1, 2 and 19 or its terms of reference.

 

Assistant Director of Legal Services

Lead members

DPH1

To exercise the functions conferred on the Director of Public Health by section 73A of the National Health Service Act 2006 for the improvement of the health of the people of Gloucestershire

Executive Director of Adult Social Care and Public Health

 

GEN1

To enter into any contract for works and the supply of goods and services.

Chief Executive, Executive Director, Director, Assistant Director or Heads of Service or equivalent in relation to their service areas.

Relevant Cabinet Member for decisions with financial implications in excess of £250,000

 

GEN2

To take any decision under the Regulation of Investigatory Powers Act 2000.

 

Executive Director, Director, Assistant Director or Head of Service or equivalent in relation to their service areas.

N/A

GEN3

To do anything that is required for the effective management of staff and other resources within each Service of the Council.

 

Executive Director, Director, Assistant Director or Head of Service or equivalent in relation to their service areas.

N/A

GEN4

To be the Proper Officer in relation to each Service of the Council

Executive Director, Director, Assistant Director or Head of Service or equivalent in relation to their service areas.

Relevant Cabinet Member for decision with financial implications in excess of £250,000

Page updated: 13/07/2021 Page updated by: Gloucestershire County Council

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