Scheme of Delegation

Revision record 

Date	Version	Revision Description
01/04/2015	1	Effective for New Council
04/02/16	2.a  – in draft	Revised draft for SMT consideration
25/02/16	2.b – in draft	Draft for SMT consideration – incorporating initial feedback
29/02/16	2	Approved by Council – 07/03/16
10/05/17	3.a	Revisions for SMT consideration
17/05/17	3.a.2	Additional revisions for SMT
23.05.17	3	Draft for consideration at P&R
06/06/17	4	Draft (Final) to AGM
04/09/17   05/06/18	5   6	Amendment agreed by Policy & Resources Committee 14.08.17 and approved by Full Council   Revisions for 2018 AGM
20/03/19	7	Revisions Presented to Council
20/05/19	8	Presented to AGM
01/06/20	9	Revisions Presented to Council
12/05/2021	10	Revision presented to Policy and Resources Committee
16/05/2022   06/06/2022	11   12	Revision presented to Policy and Resources Committee   Presented to AGM
31/01/2023	13	Revisions presented to December 2022 Council
03/04/2023	14	Revisions presented to Council
23/05/2023	15	Revision presented to AGM

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Contents

Introduction

Section A - Powers reserved to Council

Section B – Powers delegated to Committees

Section C – Powers delegated to Officers

Appendix A – Scheme of Authorised Officers (Planning) - Available for inspection from the Chief Executive

Appendix B – Scheme of Authorised Officers (Public Protection, Health and Wellbeing) - Available for inspection from the Chief Executive

Appendix C – OMT Decision Panel Terms of Reference

 

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2.1 In terms of the law, full Council must exercise certain responsibilities. However, there are also certain matters that the Council has chosen to deal with itself. These are detailed at Section A and the Council has decided that these powers will not be delegated.

2.2 The Council is the main scrutiny and debating forum for issues affecting the Borough and for the provision of democratic leadership and promotion of the area’s well-being. It exercises Strategic Leadership for the area and promotes the Council’s vision and core values.

2.3 The Council’s powers which cannot be delegated in legislation are set out in the Local Government Act (Northern Ireland) 2014. Mid and East Antrim Borough Council will not delegate the following functions:

a) appointing the Mayor, Deputy Mayor and all positions of responsibility:
b) establishing Committees and determining the delegation of functions to these;
c) appointing Members to serve on Joint Committees;
d) making a district rate under the Rates (Northern Ireland) Order 1997;
e) making a determination under section 13(1) of the Local Government Finance Act (Northern Ireland) 2011 (affordable borrowing limit) and monitoring an amount determined under that subsection;
f) borrowing money;
g) acquiring or disposing of land; In relation to acquiring or disposing of land, if time permits, officers may take a report to the Corporate Resources, Policy and Governance Committee with a recommendation to Full Council for final decision.
h) approving, reviewing and amending the Council’s Standing Orders, Scheme of Delegation, and Financial Regulations;
i) approving the strategic objectives and the corporate policies which may have a significant impact on the Council’s strategic objectives, corporate policies or its resources;
j) making, altering or cancelling any Scheme made under any enactment;
k) determining whether to co-operate or combine with other local authorities in providing services;
l) determining any issues relating to the maintenance of standards and conduct;
m) determining the delegation of functions and powers to Committees; and
n) taking any other decisions which cannot by law be delegated to a Committee or Officer.

2.4 Section 7(1) of the Local Government Act (Northern Ireland) 2014 allows for Council to arrange for the discharge of all other functions by a committee, sub-committee, officer or any other council. 

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Section B – Powers delegated to Committees

1. The Council wishes to ensure that its decision-making occurs in as efficient and effective a way as possible, whilst providing robust mechanisms to ensure transparency and accountability of the decision-making process.

2. Each Committee, aside from planning will have delegated powers to exercise the key functions of the Committee shall have delegated power to make decisions and act on behalf of the Council. However, the Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

3. Consequently, the Council has made provision in its Standing Orders, under Section 7 of the Local Government Act (Northern Ireland) 2014, for the establishment of the following Committees to discharge functions on its behalf;

• Planning Committee;
• Environment and Economy Committee;
• Neighbourhoods and Communities Committee;
• Corporate Resources, Policy & Governance Committee;
• Audit Committee;
• Scrutiny Committee;
• Standards Committee
• Personnel Committee

3.1 Council has a statutory function to appoint the Clerk and Chief Executive in accordance with Section 41 of the Local Government Act (Northern Ireland) 1972:-

S 41 (1) Every Council shall appoint a clerk of the Council and shall also appoint such other officers as the Council thinks necessary for the efficient discharge of the functions of the Council.

Section D, 3.5 delegates powers to officers in respect of the recruiting, selecting and appointing successful applicants to posts in line with the employment policies and practices adopted by Council. This applies to any other officer of the Council with the exception of the post of Clerk and Chief Executive.

1. Planning Committee

Council has delegated to the Planning Committee those powers conferred upon it under the Planning Act (Northern Ireland) 2011 and Section 7 of the Local Government Act (Northern Ireland) 2014.

Scheme: Delegation of Planning Applications and Enforcement

The scheme of delegation for the determination of planning applications has been agreed by Mid and East Antrim Borough Council and approved by the Department for Infrastructure. The scheme of delegation is in accordance with Section 31 of The Planning Act (NI) 2011 and takes effect from 1 April 2015.

Part A – Mandatory applications for determination by the Planning Committee:

Statutory requirements require that certain types of application must be determined by the planning committee and these cannot therefore be delegated to officers:

• Applications which fall within the Major category of development;
• An application for planning permission where the application is made by the council or an elected member of the council, and
• The application relates to land in which the council has an interest.

Part B – Delegated Applications:

The appointed person is the Head of Planning within the Council and those nominated by this officer.

To determine all local development applications whether for approval or refusal with the exception of:

• Applications attracting a local objection raising significant material planning considerations.
• Applications which are significant departures from the Development Plan and which are recommended for approval.
• Applications submitted by members of council staff at Planning Officer grade, and senior council staff at Head of Service grade and above.
• Applications attracting significant objections from statutory consultees, where the officer’s recommendation is to approve.
• Applications where the Head of Planning considers that the proposal merits consideration by the Committee.
• A legal agreement is required.

Part C – Development Plan, Enforcement and Determination of Other Matters

As well as determining planning applications, the Council will also have to administer the enforcement of planning and the processing of other planning consents. Part 4 Section 7 (4) (b) Local Government Act (Northern Ireland) 2014 allows a council committee to delegate to an officer of the council.

The Planning Committee shall be required to consider and determine: -

• Approve The Statement of Community Involvement.
• Agree the Local Development Plan Timetable and any subsequent revisions prior to submission to the Department for Infrastructure.
• Agree the Plan Strategy and Local Policies Plan for the Council area prior to ratification by the full council.
• The making of a Tree Preservation Order, where there are unresolved objections to the provisional order.
• Confirmation of a Provisional Tree Preservation Order.
• Determination of Completion Notices.
• Determination of Discontinuance Notices.
• Determination of a Revocation Orders
• Modification and Discharge of Planning Agreements.
• Designation, variation or cancellation of a Conservation Area.
• Consultations from the Department on regionally significant planning applications, regional planning policy and planning legislation.

The following matters are delegated to the appointed officer:

• The research, analysis, evaluation of information and drafting of Plan Strategy and Local Policies Plan, including representing the Council at the Independent Examination.
• To monitor the uptake of zoned land within the Local Policies Plan. 
• The serving of a provisional Tree Preservation Order.
• The investigation of formal planning enforcement proceedings through the issuing of enforcement notices, stop notices, temporary stop notices, fixed penalty notices, and planning contravention notices.
• The formal reporting of planning enforcement matters to the Public Prosecution Service/Commencement of proceedings in a Magistrates Court, subject to the Chairman and Vice Chairman of the Planning Committee being informed.
• Application to the Courts for Injunctions, subject to the Chairman and Vice Chair of the Planning Committee being informed.
• Authority to apply to the Magistrates Court for a warrant to entre land and/or buildings in accordance with the powers provided in the Planning Act (Northern Ireland) 2011.
• Determination of any application for a Certificate of Lawful Development.
• Determination of any application for Listed Building Consent.
• Determination of any application for Conservation Area Consent.
• Determination of any application for Advertisement Consent.
• Determination of any application for carry out works to trees.
• Determination of any Hazardous Substance Consent.
• Applications for Non Material Changes.
• Determination of applications for Certificates of Alternative Development Value.
• Determination of applications for Urgent Crown Development and Crown Listed Building Consent.
• The Serving of a Temporary Listed /Building Preservation Notice.
• Determination of a Correction Notice.
• Discharge of Planning Conditions.
• Registering Notices and Charges in the Statutory Charges Register.
• To make determinations under Section 46 (Power to Decline).
• To make determinations under Section 48 (Power to decline).
• Determination of the type of planning appeal and amendments to Councils case during the course of the appeal, subject to consultation with the Chair of the Planning Committee as deemed appropriate by the Head of Planning.
• Negotiating Section 76 Planning Agreements including developer contributions on planning applications prior to a final decision being taken by the Planning Committee.
• The preparation of evidence on behalf of Council and defending planning decisions at Planning Appeals, Independent Examinations and other Hearings.
• Responding to minor consultations on planning matters on behalf of the Council.
• In respect of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 or any successor legislation, to
  • Issue screening opinions determining whether developments fall within Schedule (1) and (2).
  • Issue scooping opinions as to the information to be provided in any statement, and
  • Undertake appropriate consultations and notifications.
  • Determine whether an application should be accompanied by an Environmental Statement.
• In respect of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland 2015 or any successor, to
  • Consideration and approval of a waste management plan
• All other statutory powers connected to the exercise of the planning functions which have been transferred to Council and are not specifically listed shall be deemed to be delegated unless otherwise provided for within this scheme.
• Engage freely with the Planning Appeals Commission at the Independent Examination pre-hearing stage.
• To provide additional information or to request same, where the Commissioner deems this necessary.
• Agree minor, typographical or factual changes or modifications to the Local Development Plan documents.
• Agree changes to the justification and amplification text, for example to provide greater clarity on a particular policy.
• Agree and propose changes to a particular policy or proposal in the draft Local Development Plan document, where that change would not fundamentally alter the thrust of that policy / proposal, or the change is necessary to make the policy / proposal sound, with no substantive implications for other aspects of the Plan or overall objectives of the policy.

Part D - Publicity

The Council has made a copy of this Scheme of Delegation available on the Council’s website. It is also available on request at Mid and East Antrim Borough Council, Silverwood Business Park, 109 Raceview Road, Broughshane, Ballymena, BT42 4HZ.

A Public Notice has been placed in the local press.

2. Audit Committee and Scrutiny Committee

2.1 Council has delegated to the Audit Committee and Scrutiny Committee those functions in relation to good governance.

2.2 Council also delegate to the Committee any decisions relating to the key functions, the Committee shall have delegated power to make decisions and act on behalf of the Council. However, The Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

2.3 All functions will be in line with the Committee’s agreed Terms of Reference.

3. Environment and Economy Committee

3.1 Council has delegated to the Borough Growth Committee those powers conferred on it under Article 8, Local Government (Miscellaneous Provisions) (Northern Ireland) Order 2002 and those functions transferring from central government.

3.2 Council also delegate to the Committee any decisions relating to the key functions, the Committee shall have delegated power to make decisions and act on behalf of the Council. However, The Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

3.3 All functions will be in line with the Committee’s agreed Terms of Reference.

4. Neighbourhoods and Communities Committee

4.1 Council has delegated to the Neighbourhoods and Communities Committee those powers conferred on it under by the Local Government Act (Northern Ireland) 1972 and Parts 10 and 11 of the Local Government Act (Northern Ireland) 2014.

4.2 Council also delegate to the Committee any decisions relating to the key functions, the Committee shall have delegated power to make decisions and act on behalf of the Council. However, The Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

4.3 All functions will be in line with the Committee’s agreed Terms of Reference.

5. Corporate Resources, Policy and Governance Committee

5.1 Council has delegated to the Policy and Resources Committee those powers conferred on it under the Local Government Finance Act (Northern Ireland) 2011 and functions related to the development of policy and effective financial management.

5.2 Council also delegate to the Committee any decisions relating to the key functions, the Committee shall have delegated power to make decisions and act on behalf of the Council. However, The Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

5.3 All functions will be in line with the Committee’s agreed Terms of Reference.

6. Personnel Committee

6.1 Council has delegated to the Personnel Committee those powers conferred on it under the Local Government Finance Act (Northern Ireland) 2011 and functions related to the development of policy and effective financial management.

6.2 All functions will be in line with the Committee’s agreed Terms of Reference.

6.3 Council delegate the following powers to the Personnel Committee: -

• To establish, at the appropriate time, a panel of members as the ad hoc sub-committee in relation to the Selection and appointment of the Clerk and Chief Executive.
• Remuneration and Appraisal of Clerk and Chief Executive.
• The ad hoc sub-committee in relation to the Selection and appointment of the Directors.
• To be the responsible for the Ad hoc committees for Chief Executive Disciplinary, capability and redundancies.
• To give authority to the Chief Executive to secure specific external expertise as required.
• To approve employment termination with payments through any HR requirements based on employment matters and business changes.
• Oversight of Council’s Attendance Policy in relation to long term absence and permanent ill health review relating to Chief Executive.
• Responsible for absence review processes to include but not limited to liaising and holding meetings with the Chief Executive.
• Make a referral to Occupational Health Services and seek advice from Occupational Health Services, as appropriate.
• Make recommendations and consider action plans for return to work, as appropriate.
• Consider and hear evidence presented at a Final Absence Hearing considering the relevant information.
• Possible outcomes in relation to capability due to long term absence or permanent ill health are: -
  • Take no further action.
  • Recommend informal resolution or other appropriate procedures.
  • Refer back to the Occupational Health Services for further investigation and report.
  • Recorded oral warning.
  • Defer any decision pending further review.
  • Action plan for return to work including redeployment (temporary or permanent) or phased return.
  • Dismissal with notice or pay in lieu of notice.

6.4 Selection and Appointment of Clerk and Chief Executive

Council shall delegate powers in respect of the selection and appointment of the Clerk and Chief Executive to an ad hoc Committee. The Committee will be chaired by the Chairperson of the Local Government Staff Commission and / or the appropriate external body or as directed by the Department for Communities. The membership of the Committee will include a broad membership as practicable to reflect gender, community background and being politically balanced and reflective of the broader make-up of Council. At the appropriate time advice will be provided to Council as to the membership of the ad hoc Committee.

6.5 Discipline, capability and redundancy of Clerk and Chief Executive

Council have approved the procedure relating to Discipline, Capability and Redundancy of the Clerk and Chief Executive. Council delegate the following powers to the relevant Committees in accordance with this procedure.

The Preliminary Investigation Committee shall have powers delegated by Council to:-

6.5.1 establish whether the issue requires no further formal action under this procedure; or
6.5.2 the issue requires further consideration and should be referred to an Independent Person for full investigation.

The Investigation and Disciplinary Committee shall have powers delegated by Council to:-

6.5.3 Take no further action.
6.5.4 Recommend information resolution or other appropriate procedures.
6.5.5 Refer back to the Independent Person for further investigation and report.
6.5.6 Take disciplinary action against the chief executive as outlined below:

• Recorded oral warning
• Written warning
• Suspension on half pay or no pay for a specified period
• Relegation (e.g. a reduction in salary) for a specified period
• An invitation to resign or accept retirement
• Dismissal with notice.

The Appeals Committee shall have powers delegated by Council to:-

6.5.7 Hear appeals against action taken short of dismissal and to take a decision either to confirm the action or to award no sanction or a lesser sanction.

6.6 Council in accordance with the Discipline, Capability and Redundancy procedure may appoint an Independent Person. Council delegate powers to the Independent Person to:-

6.6.1 To recommend that no further steps (whether by the authority or any committee, sub-committee or officer of theirs) should be taken in respect of the disciplinary action proposed or contemplated;
6.6.2 To recommend that any suspension shall end, and the Clerk and Chief Executive shall be reinstated;
6.6.3 To recommend that no steps towards disciplinary action or further disciplinary action against the Clerk and Chief Executive, other than steps taken in the presence or with the agreement of the Independent Person are to be taken, before a report is made;
6.6.4 To inspect any relevant documents in the possession, or under the control, of the authority, and any other documents which any person is prepared to show to him;
6.6.5 To require any employee of the authority to answer questions concerning the conduct of the Clerk and Chief Executive providing that if any such employee has not been called to give evidence the person presenting the complaint on behalf of the authority and the Clerk and Chief Executive (or his representative) may question the employee (in an appropriate forum) on the answers given to the Independent Person.

6.7 The report of the Independent Person shall:-

- State his opinion as to whether (and if so the extent to which) the evidence he has obtained supports any allegations of misconduct against the Clerk and Chief Executive; and
- Recommend the disciplinary action (if any is appropriate) or range of actions which appear to him to be appropriate for the authority to take against the Clerk and Chief Executive.
- The Independent Person shall at the same time send a copy of his report to the Clerk and Chief Executive.

6.8 Chief Executive Grievance procedure

Council have approved the grievance procedure relating to the Chief Executive. Council delegate the following powers to the relevant Committees in accordance with this procedure.

6.9 The Grievance Committee shall have powers delegated by Council to:-

In the event of a complaint by an employee against the Chief Executive

6.9.1 Committee will hear the case and can either uphold or dismiss the grievance.
6.9.2 Committee may uphold the grievance, and this may include a decision or recommendation on how the issue can best be resolved to the satisfaction of the aggrieved employee.
6.9.3 Committee may refer the matter to the Investigation and Disciplinary Committee under the Disciplinary, Capabilities and Redundancies procedure.

in the event of a complaint by the Chief Executive
6.9.4 Refer the matter to the Receiving Officer
6.9.5 Appointment an independent investigator commissioned on behalf of the Committee.
6.9.6 Committee will hear the case and can either uphold or dismiss the grievance.
6.9.7 Committee may uphold the grievance and this may include a decision or recommendation on how the issue can best be resolved to the satisfaction of the Chief Executive.
6.9.8 Committee may refer the matter to the Investigation and Disciplinary Committee under the Disciplinary, Capabilities and Redundancies procedure.
6.9.9 In the event the Grievance Committee finds against the complainant, the Grievance Appeals Committee shall have powers delegated by Council to:-
6.9.10 dismiss an appeal or uphold the appeal, this may include a decision or recommendation on how the issue can best be resolved to the satisfaction of the aggrieved employee.
6.9.11 May refer the matter to the Investigation and Disciplinary Committee under the Disciplinary, Capabilities and Redundancies procedure.

6.10 Council in accordance with the Grievance procedure may appoint a Receiving Officer. (The Local Government Staff Commission or an independent Human Resources Consultant should ordinarily be commissioned to act as the Receiving Officer) Council delegate powers to the Receiving Officer to:-

6.10.1 To decide that no further steps (whether by the authority or any committee, sub-committee or officer of theirs) should be taken in respect of the grievance.
6.10.2 To decide the grievance is about another council service or other policy or procedure and advice accordingly.
6.10.3 To decide that the grievance is either patently frivolous or clearly unfounded.
6.10.4 To decide the matter should be resolved informally by way of informal join discussion or facilitated externally by an external mediator.
6.10.5 The Receiving Officer has the authority to propose and determine informal resolutions where they meet with the approval of the complainant and the Chief Executive.
6.10.6 To decide the matter requires formal investigation and appoint an independent investigator.

7 Standards Committee

7.1 Council has delegated to the Standards Committee those functions in relation to good governance.

7.2 Council also delegate to the Committee any decisions relating to the key functions, the Committee shall have delegated power to make decisions and act on behalf of the Council. However, The Committee may itself determine not to exercise its delegated powers and instead make recommendations to the Council.

7.3 All functions will be in line with the Committee’s agreed Terms of Reference.

7.4 Council delegate the following powers to the Standards Committee: -

• Manage the implementation of the Local Government Employee and Councillor Working Relationship Protocol
• Deal with minor complaints about councillors made by other councillors.
• Deal with minor complaints about councillors made by officers.
• Promoting and maintaining high standards of conduct by elected Members and in their working relationship with officers.
• A commitment to encourage positive joint working across political groups and between officers and Members and to uphold the high standards of values and behaviours in a relationship of mutual trust.
• Oversight of the Members’ Register and Declaration of Interests
• To develop, monitor and review any local protocols required to support the standards regime within the Council.
• Oversight of the procedural requirements of any mediation process put in place to restore internal relationships between Political Parties, Members and/or officers.
• Oversight of the implementation of recommendations made by the Public Services Ombudsman / Commissioner for Standards
• Consideration of any recommendation by the Monitoring Officer to refer any Councillor to the Local Government Commissioner for Standards in respect of any potential breach of the Code of Conduct for Councillors, particularly where the alleged breach relates to a matter which would potentially have a reputational consequence for the Council.
• The Monitoring Officer will retain a residual right to refer any matter to the Commissioner for Standards regardless of whether the Standards Committee has endorsed a recommendation from the Monitoring Officer to do so.

Continue to the next page to read Section C