SCHEME OF DELEGATION

D1 – Personnel Issues

The need for this delegation.

Sections 13 and 15 of the Police Act 1996 provide for police officers and civilian employees of the Authority to be under the direction and control of the Chief Constable. Section 15 (3) provides an exception to this rule for those civilian staff where the Chief Constable has agreed with the Authority that they should not be under his/her direction and control. There is a need to identify "direction and control" for those staff who are or may be employed by the Authority where Section 15 (3) applies and to define the delegation to the Chief Constable that is considered to be outside the scope of "direction and control".

The extent of this delegation.

1. the appointment and dismissal of staff;
   
   
2. the management of disciplinary procedures and implement any outcome;
   
   
3. the management of grievance procedures and implement any outcome;
   
   
4. the approval of the extension of service for non-superannuable employees;
   
   
5. the approval of the extension of service for staff over normal retiring age;
   
   
6. the approval of the payment of all allowances payable under national or local conditions of service including car and telephone allowance;
   
   
7. the approval of the extension of sick leave on full pay (less National Insurance benefits) for a period within any policy agreed by the Authority;
   
   
8. the approval of leave of absence without pay beyond that provided for by the Authority;
   
   
9. the approval of the payment of honoraria to officers who have undertaken additional duties over an extended period in the absence of a more senior officer;
   
   
10. the grant of one merit increment in any year in salary;
    
    
11. the discharge any civilian employee whom the Police Surgeon has certified as being permanently medically unfit from performing his/her duties.

D2 – Finance and General Administration

The need for this delegation.

The statutory responsibilities of a "Chief Finance Officer" are set out in Sections 112 and 114 of the Local Government Finance Act 1988 and the Accounts and Audit Regulations 1983. The Code of Practice on Financial Management recommends that, wherever possible, the financial management of a force takes place within that force. Specific duties need to be allocated to individual officers of the Authority to conform with these statutes.

The extent of this delegation.

1. provide financial advice to the Authority on all aspects of its activity, including the strategic planning and policy making process;
   
   
2. assist members in seeking to obtain best value for money;
   
   
3. advise the Authority on financial propriety;
   
   
4. ensure that accurate, complete and timely financial management information is provided to the Authority and the Chief Constable;
   
   
5. secure the preparation of statutory and other accounts;
   
   
6. provide an effective audit service and assistance in providing safe and efficient financial arrangements;
   
   
7. secure treasury management including loans and investments;
   
   
8. advise, in consultation with the Clerk, on the safeguarding of assets, risk management and insurance;
   
   
9. arrange for the determination, issue and transfer of the precept; and
   
   
10. advise on budgetary matters including any consequent long term implications.

D3 – Property (including major assets)

The need for this delegation.

The Authority owns a valuable, large estate that needs to be managed and maintained on a daily basis. The Code of Practice on Financial Management recommends that the Authority determine a framework within which the Chief Constable should undertake all property management functions.

The extent of this delegation.

1. deduction of liquidated damages;
   
   
2. other matters within the limits imposed by the Financial Regulation.

D4 – Legal Matters

The need for this delegation.

In cases where it is necessary for the Authority to enter legal proceedings, either as plaintiff or defendant, an officer is required to undertake certain duties on behalf of the Authority. This section sets out the parameters in which the Chief Constable, Clerk and Treasurer can undertake those duties.

The extent of this delegation.

1. prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, to institute them in his own name; and
   
   
2. make representations in his own name at any public inquiry held by or on behalf of any Minister or public body under any enactment.

D5 – Devolved Delegated Authority

The need for this delegation.

This Chief Constable, Clerk and Treasurer will be unable to undertake all duties delegated to them personally which creates a requirement for them to be allowed to devolve certain duties to other police officers and civilian staff.

The extent of this delegation.