Decision details

RFM PIPELINE HAVE BEEN INSTRUCTED TO PURCHASE AND FIT A DRAINAGE PUMP TO REPLACE A BROKEN ONE AT WOKING ROAD DEPOT.

RFM PIPELINE ARE THE ONLY VIABLE OPTION DUE TO THEIR KNOWLEDGE OF THE SEWAGE SYSTEM AT WRD.

NONE

GUILDFORD BOROUGH COUNCIL
DELEGATION TO OFFICERS
NOTES ON DELEGATION
1. Save in respect of any statutory roles that are not capable of delegation and to any
limitations included within this document, any power conferred on a subordinate officer
shall be exercisable by any Joint Strategic Director within their area of responsibility or
by the Joint Chief Executive.
2. All delegated functions shall be deemed to be exercised on behalf of and in the name
of the Council.
3. The exercise of a delegated power, duty or function shall:
(a) be in accordance with the Council’s policies and criteria;
(b) not amount to a new policy or extension of or amendment to an existing policy
unless the officer has specific delegated authority to do so; and
(c) be in accordance with the requirements of the Constitution, including the
Financial Procedure Rules and Procurement Procedure Rules and the
delegations contained therein.
4. An officer to whom a power, duty or function is delegated may nominate or authorise
another officer to exercise that power, duty or function in his/her name, provided that
officer reports to or is responsible to the delegator. Such transfer of a delegated power
must be in writing and communicated to the Monitoring Officer.
5. References to any enactment, regulation, order or byelaw shall be construed as including
any re-enactment or re-making of the same, whether or not with amendments.
6. Any reference to any Act of Parliament includes reference to regulations, subordinate
and EU legislation upon which either UK legislation is based, or from which powers,
duties and functions of the Council are derived.
7. Where the exercise of powers is subject to prior consultation with another officer, that
officer may give his or her views in general terms in advance to apply to any circumstances,
to remove the need for consultation for each proposal, which should be in writing.
8. Subject to any express instructions to the contrary from the Council, Leader/ Executive
or committee or sub-committee, any power to approve also includes the power to
refuse and the power to impose appropriate conditions.
9. Delegation to officers is subject to:
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(a) the right of the Council, Leader/Executive, committee or sub-committee to decide
any matter in a particular case if lawful and so allowed under this Constitution;
and
(b) any restrictions, conditions or directions of the delegating body.
(c) routine notification, and consultation where appropriate, of local ward
councillors.
10. The officer concerned may in any case in lieu of exercising his or her delegated powers
refer to the Council, Leader/Executive, committee or sub-committee for a decision if
lawful and so allowed under this Constitution.
11. In exercising delegated powers, the officer shall:
(a) take account of the requirements of the Constitution and shall address all legal,
financial and other safeguards as if the matter were not delegated;
(b) exercise the delegation so as to promote the efficient, effective and economic
running of that Service Unit and the Council and in furtherance of the Council’s
visions and values;
(c) shall, where and when appropriate, report back to the Council, Leader/ Executive
or appropriate committee or sub-committee as to the exercise of those delegated
powers;
(d) ensure that any Key (and other significant) executive decisions to be taken under
the scheme of delegation to officers are considered by the relevant Executive
Advisory Boards prior to the formal consideration of all such decisions and that
any recommendations made by the Boards are taken into account; and
(e) consult with, or notify, local ward councillors appropriately to ensure there is
appropriate consultation and information exchange at a local level.
12. Except as otherwise expressly provided either within this document or by resolution of
the Council, Leader/Executive, committee or sub-committee, the exercise and
implementation of any delegated power, duty or function is subject to having the
appropriate and necessary budgetary provision in place to take the action in the name
of and/or on behalf of the Council.
13. The Monitoring Officer shall have the power, in consultation with the Head of Paid
Service, to amend delegated authorities to reflect reorganisations, changes in job titles
and vacancies, where said changes result in redistributing existing delegations and not
the creation of new ones.
14. Any post specifically referred to below shall be deemed to include any successor post
or a post which includes within the job description elements relevant to any particular
delegation, which were also present in the earlier post and shall include anyone acting
up or seconded.
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15. Any reference to a committee or sub-committee shall be deemed to include reference
to a successor committee or sub-committee provided that the subject matter of a
particular delegation can be found within the terms of reference of both the earlier and
the successor committee or sub-committee.
16. Where a power or duty is delegated to an officer and the exercise of that power or duty
is contingent upon the opinion of the Council that particular conditions or factual
circumstances exist, then the officer in question has the power to determine whether or
not those circumstances or conditions have been fulfilled in the name of and with the
authority of the Council.
17. With respect to any reference to a delegation being exercised following consultation
with any councillor, the decision is vested with the delegatee who shall be responsible
and accountable for the decision. The delegatee is required to bring independent
judgement to bear on the decision and the decision must not consist of the officer
adding an imprimatur of approval to what a councillor has decided. If the councillor
consulted disagrees with the delegatee, the matter should be referred to the Leader/
Executive for agreement to exercise such delegated power if lawful and so allowed
under this Constitution.
18. All enquiries about this document should be made to the Democratic Services and
Elections Manager.
19. All matters of interpretation in respect of delegations to officers will be determined by
the Monitoring Officer.
20. If a matter is delegated to an officer, but that delegation cannot be implemented, that
should be reported to the Council, Leader/Executive or other delegating committee or
sub-committee, as appropriate.
21. Functions, matters, powers, authorisations, delegations, duties and responsibilities etc.
within this document shall be construed in a broad and inclusive fashion and shall
include the doing of anything which is calculated to facilitate or is conducive or
incidental to the discharge of anything specified.
22. The Joint Chief Executive may remove from an Officer at any time a power to take
delegated decisions and upon doing so in writing shall within 24 hours notify the
Monitoring Officer. If appropriate, the Joint Chief Executive shall also notify the Council
of this removal of powers.
23. Any decision that is taken in exercise of these delegated powers shall be recorded in
writing with reasons why the decision was taken and signed by the officer who made it.
24. All delegated decisions shall be a matter of public record unless containing exempt
information under Schedule 12A to the Local Government Act 1972 and, in respect of
executive decisions taken by officers under delegated powers, shall be available for
inspection on the Council’s website and at the Council’s offices (including by access to
the Council’s website at the Council’s offices) in accordance with Regulation 14 of the
Local Authorities (Executive Arrangements) (Meetings and Access to Information)
(England) Regulations 2012.
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25. The Joint Chief Executive shall exercise the Council’s responsibilities to maintain an
adequate and effective system of internal audit of the accounting records and control
systems and to suspend a member of staff from the workplace for up to 48 hours to
enable investigations to be undertaken