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Introduction

  1. Subject to a number of powers which are currently reserved to itself, the business of the Lincolnshire Police Authority is carried out by Committees established in accordance with the Scheme of Delegation to those Committees and to the Chief Constable, Clerk and Treasurer of the Authority.

  2. Powers are given to the Chief Constable by statute or by virtue of Orders, Rules or Regulations made under Acts of Parliament. Other powers are given to the Police Authority by similar legislation. In addition National Conditions of Employment (in its widest sense to include police officers) give powers to the Police Authority or the Chief Constable or, as in the case of Police Regulations, are reserved by the Secretary of State for the Home Department.

  3. This Scheme of Delegation and Financial and Contract Regulations have been drawn up to comply with the Code of Practice on Financial Management which has been produced by the Secretary of State for the Home Department and issued under Section 39 of the Police Act 1996. They should be read in conjunction with the Standing Orders for the regulation of business of the Police Authority and Committee terms of reference.

  4. Paragraph 3 of the Code recommends that "unless there are good reasons to the contrary, Police Authorities should delegate financial management to the Chief Constable so that, as far as possible, the financial management of a force takes place within that force". This principle has been followed in setting these Regulations.

  5. The Authority's Standing Orders, Financial and Contract Regulations also specify powers attributable to the Chief Constable, Clerk and Treasurer either individually or jointly. The Scheme of Delegation seeks to identify and clarify those powers which may be exercised by the Authority but which, for the benefit of good business practice, the Authority wishes to delegate to the Chief Constable, Clerk or Treasurer. They also set out any constraints on the above powers, including requirements to report back to or advise the Authority. In addition, the extent to which powers delegated to the Chief Constable, Clerk and Treasurer may, at their discretion, be further delegated are included.

  6. The Scheme of Delegation does not include any powers vested in the Chief Constable through Acts of Parliament in relation to criminal or non-operational matters.

  7. The format of the Regulations has been amended to make them more "user-friendly" by providing two separate sections which show "The need for this delegation" and "The extent of this delegation". In addition, the revised format includes a simple reference numbering system to enable users to quickly refer to the specific item of delegation.

Exercise Of Delegated Powers

  1. The powers delegated to the Chief Constable, Clerk and Treasurer shall be exercised in accordance with the:

    • Standing Orders for the regulation of the business

    • Financial Regulations

    • Contract Regulations and

    • Policies, principles, procedures and precedents of the Authority as current from time to time.

  2. The Chief Constable, Clerk or Treasurer should, when considering a professional or technical matter that is within the sphere of competence of another of these officers, consider consulting with the appropriate professional officer before authorising the action.

  3. The Chief Constable, Clerk or Treasurer may, at any time, in place of exercising delegated powers, refer a matter to another of these officers, who may refer the matter to the Authority or any appropriate Committee.

  4. All committees of the Authority, every police officer and all civilian staff of the Authority or other person acting on behalf of the Authority shall observe these and such other financial regulations as shall from time to time be approved by the Authority.

  5. Any reference in this scheme to any statute or statutory instrument or any Section or Regulation thereof shall also be to the same as at any time amended or where such Act, Instrument, Section or Regulation has been replaced, consolidated or re-enacted, with or without amendment, such reference shall be to the relevant provisions of the replacing, consolidating or re-enacting statute or instrument.


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