4. Officer Delegations Scheme
4.1 The Chief Executive, Executive Directors, Directors (collectively referred to below as ‘Directors’) and Chief Officers are authorised to carry out those functions of the Authority, statutory duties and managerial responsibilities delegated to them as set out in this scheme.
4.2 The Chief Executive is authorised to exercise any of those functions delegated to the Directors and the Chief Officers, provided he/she is not prohibited from doing so by any other legal or constitutional requirement.
Exercise of Delegated Functions
4.3 The Chief Executive, Directors and Chief Officers may authorise other officers to exercise their delegated powers and duties on their behalf. In these circumstances:
- (a) documentary evidence of the authorisation must be kept in the form of an Authorisation Record and will be retained by Democratic Services;
- (b) Chief Executive, Directors or Chief Officer with the original delegation shall remain accountable for any decision taken under such an authorisation;
- (c) the Chief Executive, Directors or Chief Officer with the original delegation must ensure that the officer who has been authorised to act is not prohibited from doing so by any other legal or constitutional requirement and has the relevant skills, experience and qualifications to undertake the duties; and
4.4 The exercise of any functions of the Authority in respect of any particular matter which has been delegated shall include the power to take any action incidental, conducive or ancillary thereto. This will include the enforcement of all legislation relating to the Council’s powers, duties and functions, including the issuing of certificates, licences, notices, consents and orders including the authorisation of registration and the maintenance of such registers and lists relating thereto.
Duties
4.5 In exercising delegated powers officers must:
- (a) act within the law, the Authority’s Constitution, Contract Procedure Rules, Financial Procedure Rules and the Authority’s approved budget, policies, plans and strategies;
- (b) not make decisions about matters in which they have a personal interest. If an officer has a personal interest, whether financial or not, which could overlap or bring about conflict with the Authority’s work, it must be declared in accordance with the Code of Conduct for Employees.
- (c) consult the chair of the relevant committee prior to taking action:
- where the taking of action has policy or significant financial implications; or
- where the chair has given a prior indication that he/she wishes to be consulted on a matter or type of matter.
- (d) consult any other appropriate officer and/or ward members if appropriate; October 2025 Part 3 - Page 34 HBC Constitution
- (e) keep documentary evidence of the exercise of the delegated power and the consultation undertaken; and make the documentary evidence available on request to the public unless the document is exempt under a provision of the Freedom of Information Act 2000 or its disclosure would be a breach of the Data Protection Act 2018
Deputising
4.6 Where the Chief Executive is absent or unable to act the Chief Executive will authorise a Director to exercise the functions delegated to the Chief Executive provided the Chief Executive is satisfied that the Director is not prohibited from doing so by any other legal or constitutional requirement.
4.7 Where a Director or Chief Officer is absent or unable to act, the Chief Executive or the relevant Director, as appropriate, will authorise another officer to exercise the functions provided they are satisfied that the Officer is not prohibited from doing so by any other legal or constitutional requirement.
4.8 In the circumstances set out in paragraph 4.6 and 4.7 documentary evidence of the authorisation must be produced and retained by Democratic Services for the period of the authorisation.