Constitution Part 3 - Director of Finance, IT and Digital

8. Director of Finance, IT and Digital 

8.1 The Director of Finance, IT and Digital provides senior leadership on: issues of effective resource allocation; financial planning and management; maximising income for the Authority through effective Council Tax and Business Rates collection; and ensuring that services are corporate, integrated and provided in accordance with Authority policy and any relevant statutory duties.

8.2 The Director of Finance, IT and Digital is the Council's 'Responsible Financial Officer' (sometimes known as the 'Chief Finance Officer' or 'Section 151 Officer'). The responsibilities and powers of this officer derive from statute (Section 151 of the Local Government Act 1972), which provide that every local authority shall appoint one officer who has an overall duty to "make arrangements for the proper administration of [the Council's] financial affairs". The Director of Finance, IT and Digital is thus 'head of profession' for the financial arrangements of the Council and has a managerial and professional responsibility in this regard.

8.3 The Director of Finance, IT and Digital is responsible for the following services:

  • Corporate Finance & Accountancy
  • Customer and Digital Services
  • Revenues and Benefits
  • Payroll
  • Accounts Payable and Receivable
  • Insurance
  • Systems Support
  • Procurement and Social Value
  • Registrars
  • CICT and Cyber Security
  • Transformation and Change
  • Strategic Data and Intelligence
  • Internal Audit

8.4 In addition to the general delegations set out in the scheme, the Director of Finance, IT and Digital is authorised to exercise the following specific functions: 

General

No Delegation
DFID1 Determination and, where necessary, adjudication, on all issues of interpretation/application relating to the national and local conditions of service both corporately and in individual cases. 
DFID2 The arrangement of insurance cover and settling of claims 
DFID3 To administer the billing and collection of Council Tax and Non- Domestic Rates in accordance with the Local Government Finance Acts 1988 and 1992. 
DFID4 To determine applications for rate relief under sections 43, 45, 47 and 48 of the Local Government Finance Act 1988 in accordance with any general scheme approved by the Council. 
DFID5 To determine applications for hardship relief in respect of Non- Domestic Rates under Section 49 of the Local Government Act 1988 in accordance with any general scheme approved by the Council. 
DFID6  To determine applications in respect of empty allowances for part- occupation of non-domestic hereditaments under Section 44A of the Local Government Act 1988. 
DFID7 To make proposals for the alteration of the Local Valuation List and to lodge appeals against decisions of the Valuation Tribunal and Lands Tribunal. 
DFID8  To take Court proceedings for the recovery of, Council Tax, Non- Domestic Rates and Sundry Debts. 
DFID9 To write off irrecoverable Council Tax, Non-Domestic Rates and other irrecoverable debts which are uneconomic to collect, within the approved limit of £50,000. 
DFID10 To manage the borrowing, financing and investment requirements of the Council in accordance with approved council policy. 
DFID11 To make all necessary banking arrangements on behalf of the Council. 
DFID12 To administer and grant Housing and Council Tax Support (for pensioners and any other excepted categories) under the Social Security, Contributions and Benefits Act 1992 and the Social Security Administration Act 1992. 
DFID13  To administer and grant Council Tax support to working age adults under the approved Localised Council Tax Support Scheme. 
DFID14 To determine sanctions in fraudulent benefit cases in accordance with the Social Security Administration Act 1992. 
DFID15 To disburse monies from funds and accounts of the Authority as required for the lawful discharge of the Authority's functions. 
DFID16 To enter into Treasury Management transactions in the name of the Authority as may be required to meet the needs of both revenue and capital accounts subject to any statutory limitations, the provisions of the Treasury Management Strategy or the provisions of the Authority’s Budget and Policy Framework. 
DFID17 To negotiate and enter into leasing agreements as a means of financing capital expenditure. 
DFID18 To vary the mortgage interest rate under section 110 of the Housing Act 1980 as directed by the Secretary of State. 
DFID19 To vary the mortgage interest rate on pre 3rd October 1980 mortgages as directed by circular 20/64. 
DFID20 

The arrangement of insurance cover and settling of claims and in consultation with the Chief Executive:

  • (a) Authority to deal with the settlement of insurance claims on risks being carried by the Authority’s Insurance Fund with the exception of all contract guarantee claims; and
  • (b) to take all decisions in order to balance the risks included in the Insurance Fund. 
DFID21 To receive, investigate and pay the Coroner's accounts, fee and related expenses and to take any other action in relation to those items. 
DFID22 To determine the Authority’s pension discretions pursuant to Regulations 
DFID23 To consider and determine, applications made by employees who are members of the Local Government Pension Scheme who seek the application of the Authority’s pension discretions under the relevant Pension Scheme Regulations. 
DFID24 To serve notices, enter into agreements, give receipts, make adjustments, institute proceedings and take any action available to the Authority to collect or enforce the payment of the National Non- Domestic Rate and the Council Tax from those persons liable. 
DFID25 On the Authority's behalf, to prosecute or defend or to appear in any proceedings before a Magistrates Court and to conduct any such proceedings in respect of unpaid Council Tax or National Non- Domestic Rate payable to the Authority and to discontinue such proceedings if considered necessary. 
DFID26

In relation to the recovery of general debts and overpaid housing benefits:

  • (a) to issue County Court summonses;
  • (b) to deal with all matters arising from the issue of County Court summonses;
  • (c) to seek Judgement Orders in cases where the summons is undefended;
  • (d) to issue enforcement proceedings in relation to cases where a judgement has been made but the order not complied with; and in cases where the debt is no greater than £5,000 (or the applicable limit at any given time for cases which can be pursued through the small claims court) and a defence is submitted, to attend small claims arbitration hearings on behalf of the Authority. 
DFID27 To deal with all matters relating to the issues of Completion Notices for Council Tax and National Non-Domestic Rating purposes and the administration of appeals against any such notices. 
DFID28 To determine all applications for the apportionment of rateable value of partly occupied hereditaments under section 44A of the Local Government Finance Act 1988. 
DFID29 To deal with all matters relating to Housing Benefit, Universal Credit elements relevant to the local authority and the Localised Council Tax Support scheme as set out in the relevant regulations. 
DFID30 To administer any Council Tax transition scheme and to determine any appeals submitted under the provisions of any such scheme. 
DFID31 To determine applications for any form of discretionary rate relief which meet the relevant legislative requirements and satisfies the criteria set out in the Authority's policy for dealing with such applications. 
DFID32 In consultation with the relevant Chief Officers, to review the Authority’s policy on the granting of discretionary relief of business rates and to implement any changes to policy.
DFID33 To delegate to the relevant Chief Officers, as required under section 16 of the Local Government Finance Act 1992, to appear before and conduct proceedings at any Valuation tribunal on any appeal relating to Council Tax or Local Council Tax Support. 
DFID34 To delegate to the relevant Chief Officers, to act on the Authority’s behalf as required by section 223 of the LGFA 1992 in respect of the collection and recovery of any Council Tax or National Non Domestic Rate payable to the Authority. To prosecute or defend, or to appear in a Magistrates Court or to conduct any such proceedings in respect of Council Tax and National Non Domestic Rates payable to the Authority. 
DFID35 To institute possession proceedings in cases of mortgage arrears. 
DFID36 To provide an adequate and effective system of internal audit. 
DFID37 Power to deal with all local and national taxation matters arising under the terms of the Local Government and Rating Act 1967, the Local Government Finance Act 1988, and the Local Government Finance Act 1992, as amended and any future relevant legislation, including the power to represent the Council in any court proceedings. 
DFID38 Power to deal with allotment rent arrears and the recovery procedure. 
DFID39 Power to deal with outstanding sundry debtor accounts. 
DFID40 Power to implement changes in standard national rate and local average rate of interest in respect of mortgage advances.
DFID41 Power to vire expenditure in case of emergency, from one estimate head to another, after consultation with the Chair of the relevant Committee and the relevant Executive Director/Director. 
DFID42 Power in accordance with the provisions of Section 151 of the Local Government Act 1972 to make all arrangements for the proper administration of the Council’s financial affairs including power to negotiate and manage all loans to the Council and to make any investment required for day to day cash management and borrowing and leasing arrangements. Power to amend the approved Treasury Management Strategy in emergencies. 
DFID43 Rights of audience to pursue debts through the small claims procedure. 
DFID44 Power to administer Housing, and Council Tax benefits (and any other appropriate local tax) in accordance with regulations. 
DFID45 Power to determine the charge to the public for the Abstract of Accounts and where cheques have been returned to the Council endorsed “refer to drawer”. 
DFID46 Power to exercise the Council’s statutory powers and duties under the Local Government Finance Act 1988, in particular Section 114. 
DFID47 7 Power to settle claims against the Council arising from the use of the Direct Debit Scheme operated in conjunction with participating banks.
DFID48 Power to exercise the Council’s statutory powers and duties under the Accounts and Audit Regulations 1996 in relation to Internal Audit. 
DFID49 Power under the Insolvency Act 1986 to vote in any meeting of creditors in relation to either corporate liquidation, creditors’ voluntary arrangements, or personal bankruptcy matters. 
DFID50 Power to institute prosecution in detected fraud cases in consultation with the Chief Executive and the Director of Legal, Governance and Human Resources 
DFID51 Power to levy reasonable costs for court action in relation to all debts due to the Council and subject to legal recovery proceedings in consultation with the Director of Legal, Governance and Human Resources. 
DFID52

Power to deal with and approve car purchase advances which comply with the approved scheme including reviewing and determining;

  • (i) the maximum amount of loan that can be advanced,
  • (ii) the percentage rule for calculating the applicant’s ability to repay. 
DFID53 Power under Section 15 of the Social Security Administration Fraud Act 1997 to levy penalties as an alternative to prosecution in cases of detected fraudulent Housing Benefit. 
DFID54 Power under Section 15 of the Social Security Administration Fraud Act 1997 to levy penalties as an alternative to prosecution in cases of detected fraudulent Housing Benefit. 
DFID55 Power to approve and implement energy savings projects in accordance with agreed criteria and within approved budgets. 
DFID56 Individual early retirement decisions within the scheme with the agreement of the Chief Executive and/or in consultation with the appropriate Executive Director/Director