Holton Le Clay Parish Council
Scheme of Delegation
1. Council functions
The following matters are reserved to the Council for decision, notwithstanding that the appropriate committee(s) may make recommendations for the Council’s consideration.
These functions shall be in accordance with the Council’s Standing Orders and Financial Regulations.
a) Approving the annual budget and setting the precept.
b) Approving the annual return, and internal and external audit reports.
c) Authorising all borrowing.
d) Adopting and making any amendments to the Standing Orders, Financial Regulations, and the Scheme of Delegation.
e) Making orders under any statutory powers.
f) Making, amending, or revoking by-laws.
g) Establishing committees and determining their terms of reference, and membership.
h) The appointment to or co-option on a Committee or Sub-Committee of a person not a member of the Council or the Committee.
i) Appointing or nominating Council representatives to outside bodies.
j) Creating, approving, or reviewing a neighbourhood plan.
k) Appointing and dismissing the Parish Clerk.
l) The decision to prosecute or defend in a court of law, save where such a prosecution is of a debtor being carried out through the small claims process.
m) All other matters which must, by law, be reserved to the full Council.
2. Delegation to Committees
The remit of a committee, including all delegated duties, shall be s=determined by its terms of reference. These are included as appendices to this Scheme of Delegation.
This shall not prevent the Council from time to time exercising such control as it sees fit over any such delegated matter.
Each committee shall be authorised, in accordance with the Council’s Standing Orders, to establish sub-committees and working groups, and to determine their terms of reference.
3. Delegation to the Parish Clerk
The Parish Clerk acts as the Council’s Proper Officer and Responsible Finance Officer and is responsible for all statutory duties imposed upon these two offices. These include:
(a) Receiving declarations of acceptance of office
(b) Retaining a copy of every councillors register of interests
(c) Signing notices or other documents on behalf of the Council (other than legal and financial documents requiring the signatures of members of the Council)
(d) Signing summonses to attend meetings of the Council
(e) Keeping a proper record for all meetings
(f) Ensuring the Council meets its obligations in accordance with the Accounts and Audit Regulations in force at the time
(g) The proper administration of the Councils financial affairs, including ensuring he Council has an adequate and effective system of internal control
(h) Producing all financial management information, including completing the annual financial statements of the Council.
In addition, the Parish Clerk has the delegated authority to undertake the following matters on behalf of the Council:
(a) The day-to-day administration of services, together with routine inspection and control of assets and procedures
(b) Managing Council staff
(c) Authorising all routine expenditure within the agreed budgets
(d) Authorising emergency expenditure up to £500
(e) Postponing any meeting, or calling any additional meeting of the Council or any Committee, as necessary, in consultation with the Chair of the Council or appropriate committee
(f) Responding to any correspondence requiring or requesting information, or relating to previous decision of the Council, but not correspondence requiring an opinion to be taken by the Council or its committees.
(g) Managing the provision of Council services, buildings, land and resources
(h) Authorising the issue of press releases on any Council activity, and editorial control of the Council’s website and social media content
(i) Applying for grants and other funding on the Council’s behalf
(j) Entering into negotiations on any matter in respect of the Council, it being understood that the Parish Clerk shall not be authorised to confirm any agreement without the consent of the Council or relevant committee.
All delegation of duties is at the discretion of the Council, save where such delegation is required by statute.
Appendix 1 – Personnel Committee Terms of Reference
A minimum of three members of the Council – as per the Standing Orders.
Purpose of the Committee:
The Personnel Committee will have delegated powers on management of Council employees in line with relevant legislation and the Council’s policies and Standing Orders.
Aims and Objectives:
The Committee will:
1. Advise Full Council on the establishment and review of salary pay scales.
2. Take a lead in the recruitment and appointment of staff.
3. Advise Full Council on new employment contracts and changes to contracts.
4. Establish and review performance management – including annual appraisals and staff training programs.
5. Take a lead in any process leading to the dismissal of staff – including redundancy.
6. Keep under review staff working conditions and health and safety matters, bringing recommendations to full council.
7. Monitor and address regular or sustained staff absence.
8. To advise full council on staffing related expenditure.
9. To consider and advise Full Council on any grievance or disciplinary matter and any appeal.
10. To ensure health and safety regulations are adhered to.
11. To address any other matters relating to HR issues.
Meeting Arrangements and Frequency:
Meetings will be held as and when required with at least 7 working days’ notice. An initial annual meeting must be held to appoint a Chairman and/or Vice-Chairman. The Clerk or other delegated person will record meetings and circulate to all Council Members. The Chairman will provide a verbal update to Full Council on any issues of relevance.
A minimum number of three Committee members of the council are required for decision making purposes.
Reporting and Accountability:
This committee has the following delegated powers:
1. To review staffing structures and levels and make recommendations to the Council.
2. To agree and review annually contracts of employment, job descriptions and person specifications for staff.
3. To review staff salaries and terms of conditions and make recommendations to Council.
4. To appoint from the full council membership, three members to hear any formal grievance made by the Parish Clerk and any appeal by other staff against the outcome of a grievance investigation undertaken by the Parish Clerk.
5. To review health and safety at work for all Council employees.
6. To ensure the Council complies with all legislative requirements relating to the employment of staff.
7. The Chair and Vice Chair may authorise requests from the clerk for annual leave.
It is fundamental that a local council understands that decisions relating to employment cannot be delegated to individual councillors, including the chairman. Members of the personnel committee must have a good knowledge and understanding of employment and local council legislation, and effective employment practices.
This committee will be a standing committee of the Council. The appointment of the committee will be considered at the Annual Council Meeting who may decide to alter or dissolve the committee as required.
Adopted June 2020
Review Date June 2021