Appendix 1 Item 15 *

HAMPSHIRE FIRE AND RESCUE AUTHORITY

SCHEME OF DELEGATION TO OFFICERS

CONTENTS

SECTION A GENERAL INTRODUCTION 3

SECTION B ADMINISTRATION OF THE AUTHORITY 5

SECTION C CHIEF OFFICER 8

SECTION D THE AUTHORITY'S ESTATE 10

SECTION E LEGAL PROCEEDINGS 12

SECTION F MISCELLANEOUS 13

SECTION G MONITORING OFFICER 14

APPENDIX 1 STATUTES AND REGULATIONS 15

HAMPSHIRE FIRE AND RESCUE AUTHORITY

SCHEME OF DELEGATION TO OFFICERS

SECTION A

GENERAL INTRODUCTION

1. This Scheme of Delegation was approved by the Hampshire Fire and Rescue Authority ("the Authority") on the day of 2004 and was drawn up in consultation with the Chief Officer of Hampshire Fire and Rescue Service ("the Service").

2. In accordance with the provisions of Section 101 of the Local Government Act 1972 the Authority may subject to any express provision in any Act of Parliament arrange for the discharge of any of its functions by a committee, a sub-committee or an officer of the Authority¹.

3. The Authority may employ staff conditioned to the National Joint Council for Local Authorities' Fire Brigades Scheme of Conditions of Service (2004) (referred to in this Scheme of Delegation as "Grey Book staff") and the National Joint Council for Local Government Services² (referred to in this Scheme of Delegation as "Silver or Green Book staff") both to assist the Service and also to enable the Authority to discharge its functions.

4. Where the Chief Officer is authorised to discharge any functions on behalf of the Authority and is for any reason unable to discharge those functions the Deputy Chief Officers or Director of Corporate Services may discharge those functions.

5. Where the Clerk to the Authority ("the Clerk") or the Treasurer are authorised to discharge any functions on behalf of the Authority and are for any reason unable to discharge those functions those authorised to deputise for them in respect of their office with their local authority may discharge those functions.

6. Where the discharge of a function is delegated to an officer³ under this Scheme of Delegation and that officer is for any reason unable to discharge those functions that officer may arrange for the discharge of that function to be undertaken by another officer nominated by him/her.

7. Any officer can decline to exercise the powers delegated under this Scheme in particular circumstances including, for the avoidance of doubt, matters relating to the Public Interest Disclosure Act 1998⁴ and refer any such matter to the Authority or its standing committees for decision or approval.

8. The Clerk is authorised to negotiate, conclude and execute on behalf of the Authority any document or agreement required to give effect to any decision taken by the Authority, Sub-Committee or officer whether or not that decision specifically records such an authorisation, provided that where expenditure is authorised under the Authority's Financial Regulations, any documentation giving effect to that expenditure may be entered into by the officer authorizing the expenditure.

9. For the avoidance of doubt the authority conferred in Clause 8 shall include the power to execute and sign or seal as appropriate all documentation relating to disposal of land.

10. This Scheme of Delegation shall not derogate from the day to day management of the Chief Officer, Clerk or Treasurer.

11. References herein to any enactment shall be deemed to include any statutory provision which may from time to time replace, amend or extend the provisions of any enactment and any orders, directions, regulations, code or bylaws made thereunder and any ministerial circulars or advice or note relating thereto.

12. The exercise of any delegated power under this Scheme of Delegation is subject to compliance with any statutory enactment, code of practice, standing orders, financial regulations and any relevant Authority plans and policies.

13. The Authority is responsible for the appointment, performance review and dismissal of officers at Brigade Manager level.

14. The Authority will have a role as defined in the Grievance and Discipline Procedures should a senior manager submit a grievance or be the subject of disciplinary action.

15. Additional powers are delegated under the Authority's Standing Orders and Financial Regulations.

SECTION B

ADMINISTRATION OF THE AUTHORITY

1. The Authority has appointed a Clerk and a Treasurer to the Authority who are responsible for the general administration of the Authority. The Treasurer is also the officer appointed by the Authority to be responsible for its financial affairs. The financial responsibilities of the Treasurer are set out in the Authority's Financial Regulations.

2. The general administrative duties of the Clerk and Treasurer

are as set out below:-

(i) The management of Authority's proceedings and the provision of

member services including servicing all meetings of the Authority; administration of the members allowance scheme and providing support and advice to individual members on matters relating to the Authority's proceedings and procedures;

(ii) The provision of advice generally on the Authority's powers and

duties.

3. In connection with the discharge of the responsibilities described above, the Clerk and the Treasurer are authorised to exercise the specific powers identified in the following paragraphs of this Section and as further specified in this Scheme of Delegation.

4. Proper Officer

Various duties are conferred by legislation on the "Proper Officer" of the Authority. The term proper officer in relation to any person is interpreted as meaning the officer appointed for that purpose by the Authority or if not specifically appointed, the Clerk, Treasurer or Chief Officer as appropriate. For the avoidance of doubt, the Clerk, the Treasurer and the Chief Officer (where stated) are appointed as proper officers for the purposes set out below.

5. Finance and Audit

5.1 As stated above the Treasurer's responsibilities are covered in the

Authority's Financial Regulations.

These responsibilities are derived from the Authority:-

(i) designating the Treasurer as the officer responsible for the proper administration of the Authority's financial affairs for the purposes of Section 73 of the Local Government Act 1985

(ii) authorising the Treasurer to discharge the Authority's duty to maintain an adequate and effective system of internal audit as required under Regulation 6 of the Accounts and Audit Regulations 2003.

(iii) authorising the Treasurer to enter into agreements for the transfer of credit approvals where appropriate for revenue estimates, capital programme and precepts.

5.2 The Treasurer has nominated the Deputy Treasurer to perform his functions under Section 114 of the Local Government Finance Act 1988 (reports relating to unlawful expenditure) where he is unable to act for any reason.

SECTION C

CHIEF OFFICER

The Chief Officer is authorised to:

1. Fire Certificates, Licences, Notices and Registrations

Exercise the Authority's powers and duties arising by virtue of any provision under the statutes or any amendments, regulations or EC directives appertaining thereto listed in Appendix 1 paragraph 1 and shall include authorising officers pursuant to these provisions.

2. Appointment and Authorisation for Powers of Entry

Exercise the Authority's statutory powers with regard to authorising officers for the purposes of exercising powers of entry under statutes listed in Appendix 1 paragraph 2.

3. Appointment of Fire Service Inspectors

Exercise the Authority's statutory powers and duties to appoint such officers of the Service as are in the opinion of the Chief Officer suitably qualified to act as inspectors pursuant to statute listed in Appendix 1 paragraph 3 and empowered to inspect under statutes listed in Appendix 1 paragraph 4.

4. Exercise the Authority's statutory functions under the legislation listed in Appendix 1, and authorise officers to carry out such functions.

5. Human Resource Management

5.1 Take decisions and exercise discretion on matters of personnel, development, disputes, grievances and discipline, health and safety, compensation and general conditions of service as set out in the Authority's Service Orders relating to employment policies and procedures.

5.2 The power to dismiss staff shall not be delegated below the role of Area Manager or equivalent and the power to hear appeals against dismissal shall not be delegated below the role of Brigade Manager or equivalent.

5.3 Administer and negotiate general conditions of service issues for staff covered by the National Joint Council for Local Authority Fire Brigades and the Local Government Services Schemes of Conditions of Service.

6. Pension Schemes and Retirement Allowances

6.1 In respect of retirement allowances payable to Grey Book staff as set out in the National Joint Council for Local Authorities' Fire Brigades Scheme of Conditions of Service (2004), the Firemens' Pension Scheme Order 1992 (1) and subsequent revisions in the new Firefighters' Pension Scheme⁵ the Chief Officer is authorised to:

(i) Exercise discretion on behalf of the Authority regarding (a) retirement on the grounds of permanent disability; and (b) determination of awards to be received under the scheme.

(ii) Approve members of the Firefighters' Pension Scheme to count as pensionable service any absence as a result of industrial action providing they pay the Authority the appropriate pension contributions.

6.2 In respect of retirement allowances payable to Silver and Green Book staff as contained in the Local Government Pension Scheme Regulations 1997 and the Local Government Pension Scheme (Transitional Provisions) Regulations 1997 as amended, the Chief Officer is authorised to:

(i) Exercise the powers and duties of the Authority to release early payment of pension benefits in relation to redundancy, efficiency of the service or in accordance with Regulation 31 of the Local Government Pension Scheme subject to approval by the Authority.

7. Appoint uniformed officers at middle management level to appear in the Magistrates Court on behalf of the Hampshire Fire and Rescue Authority in respect of those proceedings brought by the Authority and where the defendant pleads guilty subject to:

(i) any such officer having attended the specialist fire safety training course at the Fire Service College or similarly accredited course,

(ii) any such officer having attended the Hampshire Fire and Rescue Service three-day legal training course or similarly accredited course,

and

(iii) any such officer having obtained the advanced professional certificate in investigative practice and having obtained an NVQ Level 5 accreditation in respect of this.

SECTION D

THE AUTHORITY'S ESTATE

1. Where the Authority has decided to acquire or dispose of land and buildings the following shall apply:

1.2 Acquisition of Land and Buildings

The Director of Corporate Services has authority to agree the terms and arrangements for the acquisition (whether by purchase, lease or licence) of land and/or buildings required for Authority purposes subject to the authorisation of the Authority.

1.3 Disposal of Land and Buildings

Where any land and/or buildings are no longer required for Authority purposes then the Director of Corporate Services may, subject to the authorisation of the Authority, arrange for the property concerned to be disposed of⁶ subject to the approval of the Secretary of State where it is proposed to dispose of any land and/or buildings for a consideration of less than the best that can be reasonably be obtained.

2. Estate Legal and Contractual Matters

The following authorisation is granted to the Director of Corporate Services:-

(i) to approve the service of Notices to Quit and such other notices and formal demands which are deemed necessary to protect the interests of the Authority

(ii) to grant minor easements, wayleaves and rights of way

(iii) to agree the terms of any indemnity required in connection with the use of land or premises for Authority purposes

(iv) to take any necessary action to protect the Authority's interest in any part of the Authority's estate

3. Records

The Clerk shall be responsible for the custody of all deeds and legal documents relating to the Authority's estate

4. Estate Management

Except where the Clerk is authorised to act, the Chief Officer shall be responsible for the management of the Authority's estate

SECTION E

LEGAL PROCEEDINGS

1. Either the Clerk or Chief Officer is authorised to institute, defend or participate in any legal proceedings in any case where the institution or defence of such proceedings is necessary to give effect to decisions of the Authority (or any committee, sub-committee or officer) or in any other case where the Clerk or Chief Officer considers that the institution or defence of or participation in proceedings is necessary to protect the Authority's interests.

2. Either the Clerk or Chief Officer is authorised to take action in connection with the Authority's statutory functions as exercised by the Chief Officer in proceedings in magistrates and crown courts and in any other judicial or quasi judicial proceedings including laying informations, making complaints and otherwise representing the Authority.

3. Where any document will be a necessary step in any legal procedure or legal proceedings on behalf of the Authority it shall be signed by the Clerk or Chief Officer unless any enactment otherwise requires or authorises, or the Authority gives authority to some other person for the purpose of such procedure or proceedings. Where any document is to be signed by a Solicitor it shall be signed by the Clerk.

4. In exercising the powers conferred by paragraphs 1.1 and 1.3 the Clerk is authorised to negotiate and approve the settlement of claims by or against the Authority as provided below:-

Authorisation Procedures

(i) Not exceeding £100,000 - approved in consultation with the

Chief Officer

(ii) Above £100,000 - Approved by the Authority

5. Representation in Legal Proceedings

5.1 In exercising the authority outlined in paragraphs 1.1, 1.2 and 1.3 above the Clerk may instruct such other solicitors as he sees fit to institute, defend, participate in or instruct Counsel in legal or employment proceedings in any court or tribunal as applicable.

5.2 In exercising the authority outlined in paragraphs 1.1, 1.2 and 1.3 above the Clerk may in accordance with the terms of the license issued to the Authority under the Bar Direct Scheme instruct, or authorise the instruction of a barrister to institute, defend, or participate in legal or employment proceedings in any court or tribunal as applicable.

SECTION F

MISCELLANEOUS

1. Urgent Matters

In either urgent or emergency matters which cannot await a meeting of the Authority the Clerk, the Treasurer and the Chief Officer are empowered to act on behalf of and within the powers and duties of the Authority. This procedure only being activated by the Chief Officer in consultation with the Clerk.

2. Investigations

The Chief Officer is authorised to exercise the Authority's powers to undertake either directed surveillance or utilise covert human intelligence sources, whether employed by the Authority or otherwise subject to compliance with Regulation of Investigatory Powers Act.

SECTION G

MONITORING OFFICER

1. The Authority is required to appoint an officer to perform the functions of "the Monitoring Officer" under Section 5 of the Local Government and Housing Act 1989 and does so hereby appoint the Clerk to the Authority to fulfil that role.

2. In accordance with the provisions of Section 5 the Monitoring Officer is required to prepare a report to the Authority with respect to any proposal, decision or omission by the Authority, any of its committees, officers or employees which has given rise to, or is likely to, or would give rise to, a contravention of any enactment or rule of law of any code of practice made or approved by or under any enactment.

3. In performing the duty conferred by Section 5 the Monitoring Officer will take account of reports made on a particular matter by any other officer and whether a matter is being resolved by other means including other reporting procedures.

4. The Monitoring officer in performing the duties arising under Section 5 is authorised to incur expenditure where this is necessary in seeking advice outside the Authority.

30.11.2004

APPENDIX 1

Statutes or Amendments, Regulations or EC Directives

1. The Fire Precautions Act 1971

The Fire Precautions (Workplace) Regulations 1997 (as amended) 1999

The Health and Safety at Work etc. Act 1974

2. The Fire and Rescue Services Act 2004

The Fire Precautions Act 1971

The Fire Precautions (Workplace) Regulations 1997 (as amended) 1999

3. The Fire Precautions Act 1971

4. The Fire Precautions (Workplace) Regulations 1997 (as amended) 1999

The Fire Safety and Places of Sport Act 1987

The Fire and Rescue Services Act 2004

The Health and Safety at Work etc. Act 1974

The Theatres Act 1968

The Gaming Act 1968

The Cinemas Act 1985

The Local Government (Miscellaneous Provisions) Act 1982

The Licensing Act 1964

The Licensing Act 2003

Secretarial/WP/Word/Corporate/Events HFRA 8 12 04 Scheme of Del Appx 1 WL/1/12/2004