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    SCHEME OF DELEGATIONTO OFFICERS

    Alex HaswellDirector Chief Executive Service

    March 2004

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    DUMFRIES AND GALLOWAY COUNCIL

    SCHEME OF DELEGATION TO OFFICERS

    INDEX

    Pages1. Introduction 1

    2. Delegations to Officers 1, 2

    3. Statutory Appointments of Officers 2, 3, 4, 5

    4. Powers Delegated to Officers

    4.1 Stipulations4.2 Rules Regulating Use of Delegated Powers

    56

    5. Delegations to Chief Executive 7,8

    6. General Delegations to Corporate Directors 8, 9, 10,

    7. Director of Finance 10, 11

    8. Chief Constable 11, 12

    9. Chief Fire Officer 12, 13

    10. Interpretation of and Amendments to the Scheme 14____________________________________________________Updates: Paragraph29 March 2005 New Para 2.430 August 2005 References to Firemaster changed to Chief Fire

    Officer and Dumfries and Galloway Fire Brigadeto Dumfries and Galloway Fire and Rescue

    Service30 May 2006 Insertion of additional clauses under section 3 inrespect of s189 and s191 of the Local Government(Scotland) Act 1973 and sub para 1 of para 4 ofthe Requirements in Writing (Scotland) Act 1995

    16 September 2008 Under section 3, affirmation of the position of theDirector Chief Executive Service as Proper Officerunder Sections 43 and 50 A-J of and Schedules 7and 7A to the Local Government(Scotland) Act1973 with regard to meetings of the authority andits Committees and Sub Committees

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    1. INTRODUCTION

    1.1 Dumfries and Galloway Council's approach to delegation is informed by theCouncil's main aim which is to make Dumfries and Galloway one of the bestplaces to live, learn, work and grow in Scotland.

    1.2 To achieve this, the Council is committed to setting and securing the higheststandards in decision making.

    1.3 Dumfries and Galloway Council is only permitted to do what statute empowers itto do. In the absence of a decision by the Council to the contrary, all powers areexercisable by the Council.

    1.4 Such a requirement, however, is unworkable. The Council has therefore chosento exercise its powers under Section 56 of the Local Government (Scotland) Act1973 to discharge any of its functions by Committee, Sub-Committee or Officer.

    Those delegations to Officers contained in this Scheme are empowerments tothese Officers in accordance with the policies of the Council.

    1.5 Under the terms of the Local Government in Scotland Act 2003, the Council alsohas the power to promote well-being, ie it can do anything which it considers islikely to promote or improve the well-being of its area and persons within thatarea.

    1.6 Certain of the Council's powers cannot be delegated and these are detailedseparately in the Council's Standing Orders and Scheme of Administration andDelegation to Committees as powers reserved to the Council.

    1.7 This Scheme of Delegation to Officers provides the framework and guidance forthe powers given to Officers.

    2. DELEGATIONS TO OFFICERS

    2.1 Officers can be granted delegated powers by the Council, a Committee, a Sub-Committee or another Officer.

    2.2 In terms of this Scheme, delegations are to the Chief Executive, Corporate

    Directors: Executive Director Community and Support Services; CorporateDirector of Planning and Environment Services; Service Director SchoolsServices; Service Director Social Work Services; Director of Finance; CorporateDirector of Combined Services; Chief Constable and Chief Fire Officer.Delegated authority granted to these Officers may be further delegated to GroupManagers and Area Managers but requires the delegator to provide a writtenrecord of this. These delegations will be added to this Scheme at a later date.

    2.3 Exceptions to the above arise through statutory appointments. Occasionally,Officers so appointed are other than the Chief Executive or a Director. Officersappointed to perform these statutory roles are empowered to take such action as

    is implicit in their roles. The statutory appointments made by the Council aredetailed in the following section.

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    2.4 In so far as is permitted by law, Proper Officers may delegate their powers toother specified Officers in writing either on a general or a specific basis. Wheresuch powers are not so delegated they may be exercised, in the absence of theProper Officer, by the Group Manager, Corporate Support and Governance.

    2.5 Delegations that have been agreed for the Corporate Directors, Director ofFinance and the Corporate Director of Combined Services are a mix of generaldelegations (all Officers are similarly empowered) and specific delegations toDirector of Finance, Chief Constable and Chief Fire Officer.

    2.6 When exercising any delegated authority, Officers are bound to have regard to avariety of stipulations that the Council has decided should govern and influencethe exercise of powers delegated to Officers. Details of these general andspecific delegations, and of the stipulations relevant to them, are in the sectionsfollowing.

    3. STATUTORY APPOINTMENTS OF OFFICERS

    In terms of various statutes, the Council is required to appoint Officers for a variety ofparticular purposes. Officers so appointed are empowered to take such action as isimplicit in their role. The statutory appointments agreed by the Council are as follows:-

    Statutory Provision Purpose/Role Officer

    Local Government (Scotland) Act 1973

    s.33A Proper Officer to receive deliveryof Councillors' declaration ofacceptance of office.

    Chief Executive

    s.33A(3) Officer before whom thedeclaration of acceptance of officemay be made.

    Chief Executive

    s.34 Proper Officer for receipt ofCouncillors' resignations.

    Chief Executive

    s.40 Proper Officer for receipt ofgeneral notices from Councillors inrespect of pecuniary interests andfor recording of Councillors'disclosures of pecuniary interests.

    Director Chief ExecutiveService

    Sections 43 and 50A-J and Schedules 7and 7A

    Proper Officer with regard tomeetings of the authority and itsCommittees and Sub-Committees.

    Director Chief ExecutiveService

    s.43 and schedule 7

    para 1(4)

    Proper Officer for receipt of

    requisition for special Councilmeeting.

    Director Chief Executive

    Service

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    s.43 and schedule 7para 2(1)

    Proper Officer to sign summons tospecial Council meetings.

    Director Chief ExecutiveService

    s.92 Proper Officer for dealing with thetransfer of securities.

    Director of Finance

    s.95 Proper Officer for theadministration of the Council'sfinancial affairs.

    Director of Finance

    s.145

    s189

    Proper Officer in respect ofOrdnance Survey applications.

    Proper Officer to institute legalproceedings

    Group Manager Sustainable Development

    Executive DirectorCommunity and Support

    Services

    s.190 Proper Officer for service of legalproceedings, notices etc on theCouncil.

    Executive DirectorCommunity and SupportServices

    s.191 Proper Officer to sign any claim onbehalf of the Council in anysequestration, liquidations andother such proceedings in whichthe Council is entitled to make aclaim.

    Executive DirectorCommunity and SupportServices

    s.193 Proper Officer to sign notices,orders etc.

    Director with responsibilityfor the relevant functionsto which the notice, orderetc relates.

    s.194 Proper Officer in respect the use ofthe Council's seal.

    Director Chief ExecutiveService

    s.202 Proper Officer to authenticatebyelaws and deliver copies toother relevant authorities.

    Director Chief ExecutiveService

    s.202B Proper Officer to certify entry inregister of byelaws.

    Director Chief ExecutiveService

    s.204 Proper Officer to provide certificateas evidence of byelaws.

    Director Chief ExecutiveService

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    s.206 Proper Officer in respect of thekeeping of a register of personsadmitted as freemen of theCouncil's area.

    Director Chief ExecutiveService

    s.231 Proper Officer to make application

    to the Sheriff on questions arisingfrom the Local Government(Scotland) Act 1973.

    Director Chief Executive

    Service

    Local Government (Scotland) Act 1994

    s.45 Chief Social Work Officer Service Director SocialWork Services

    Local Government (Scotland) Act 1975

    s.28 and 29 Proper Officer in respect of reportsby the Ombudsman

    Director Chief ExecutiveService

    District Courts (Scotland) Act 1975

    s.7 Clerk to the District Court Director Chief ExecutiveService

    s.18

    The Requirements of

    Clerk of the Peace

    Writing (Scotland) Act 1995

    Director Chief ExecutiveService

    Sub para 1 of para 4 Proper Officer for the signingof documents

    Director Chief ExecutiveService

    Licensing (Scotland) Act 1976Civic Government (Scotland) Act 1982

    s.113 Proper Officer in respect of

    evidence of management rules.

    Director Chief Executive

    Service

    Representation of the People Act 1983

    s.41 Returning Officer Chief Executive

    s.67-70 Notification of matters relating toelection agents.

    Chief Executive

    s.82(4)(b) Officer before whom declaration asto election expenses may be

    made.

    Chief Executive

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    s.131(1) The provision of accommodationfor the election count.

    Chief Executive

    s.133(1) The seeking of repayments of

    expenses of the election count atthe discretion of the court.

    Chief Executive

    schedule 5para 6

    Retention of a list of rooms for usefor parliamentary electionmeetings.

    Chief Executive

    Local Government and Housing Act 1989

    s.2 Proper Officer in respect of lists ofpolitically restricted posts.

    Chief Executive

    s.4 Head of Paid Service Chief Executive

    s.5 Monitoring Officer Director Chief ExecutiveService

    Ethical Standards in Public Life, etc (Scotland) Act2000 (Register of Interests) Regulations 2003

    r.3 Proper Officer for receipt of noticesof Councillors interests andmaintenance of records.

    Director Chief ExecutiveService

    Local Authorities (Contracts) (Scotland) Regulations1997r.4 Proper Officer for certification

    purposes.Director Chief ExecutiveService

    4. POWERS DELEGATED TO OFFICERS

    4.1 Stipulations

    The exercise of powers delegated to Officers is subject to:-

    4.1.1 The Standing Orders of the Council; any policies as embodied in a formaldocument; the Council's financial regulations and any other guidance issues inconnection with the exercise of a particular function.

    4.1.2 The right of an Officer to consult with the Chief Executive on any matter, eventhough specifically delegated to them, or to refer the matter to the appropriate

    Committee of the Council.

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    4.1.3 The observation by Officers of the principles of corporate management.

    4.1.4 Officers must use the authority delegated to them in the interests of Dumfries andGalloway Council.

    4.1.5 In exercising the authority delegated to them, Officers must consult:

    (a) the Chief Executive, Executive Director Chief Executive Service, Director ofFinance and Director Chief Executive Service in respect of matters whichare sensitive or complex, or where legal, administrative or other advice orguidance is necessary

    (b) the Chair/Vice Chair of the appropriate Committee in respect of matterswhich are sensitive, complex or otherwise warrant such consultation.

    4.1.6 Officers must record, and publish if required, details of arrangements made by

    them for the exercise of delegated powers granted to them.

    4.2 Rules Regulating Use of Delegated Powers

    4.2.1 Where a Director has delegated authority, the principle of subsidiarity should beapplied and decisions should be further delegated to as close to the point ofservice delivery as is appropriate in the circumstances. Each Director mustprepare a Scheme of Delegation for their Service which details those decisionswhich have been delegated to Group, Service and Operational Managers withintheir Service and also to Area Managers

    4.2.2 A Director may arrange for powers delegated to them to be exercised by staff inother Services. When powers are delegated to another Service both Directorsmust retain a written record of the delegated powers in question.

    4.2.3 All delegated powers must be exercised subject to adequate budgetary provisionbeing available and having regard to the terms of the Councils FinancialRegulations and Standing Orders.

    4.2.4 An Officer must not make any decision or take any action in accordance withpowers conferred by this Scheme or any Service Scheme of Delegation if the

    decision or outcome could create the perception that an employee is not strictlyadhering to the seven principles of public life as set out in the Councils Code ofConduct for Employees. These principles are selflessness, integrity, objectivity,accountability, openness, honesty and leadership. Delegated powers must notbe used where either the interests of the employee, the matter to which thedecision relates or the identity of any other person involved could lead a memberof the public to conclude that the powers had been used to avoid scrutiny by theCouncil or a Committee of the Council. If an Officer is in any doubt as to whetherthey should make use of delegated powers then they should seek guidance fromtheir Head of Service.

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    5. DELEGATIONS TO CHIEF EXECUTIVE

    The Chief Executive is authorised:-

    5.1 To act as the head of the Councils paid service in terms of section 4 of the Local

    Government and Housing Act 1989.

    5.2 To give a direction in special circumstances that any Officer shall not exercise adelegated function.

    5.3 Where considered to be in the interests of the Council, to approve the provisionof reasonable hospitality to representatives of other authorities, organisations,Officers of the Council or others; to make visits and to authorise visits by Officersof the Council or others (excluding elected Members) representing the Counciloutwith the UK; to deal with all issues relating to the extension of civic hospitality.

    5.4 To approve attendance at conferences outwith the UK of Officers, in cases whereit is considered to be in the interest of the Council.

    5.5 To deal with and, in appropriate circumstances, to approve applications byemployees charged with offences in the course of their employment forassistance with legal expenses of their defence and report as necessary to theappropriate Committee of the Council.

    5.6 To deal with, and in appropriate circumstances, to approve applications byemployees convicted of and fined in respect of offences committed whilst actingin the course of their employment, for full or part payment of the fine imposedand report as necessary to the appropriate Committee of the Council.

    5.7 To deal with, and in appropriate circumstances, to approve applications from

    employees for reimbursement of reasonable legal expenses, in part or in whole,incurred in defending actions raised against them personally, providing that theywere acting:-

    (a) within the course of their employment;(b) in accordance with Council/Service procedures; and(c) in good faith.

    5.8 To secure the efficient and effective implementation of the Council's programmesand policies, the deployment of resources towards that end, and also themaintenance of internal and external relations being actions of a routine nature

    implicit in the day to day management of affairs and all steps ancillary thereto,not involving a change of policy or the incurring of serious expenditure and forwhich there is adequate provision in the estimates.

    5.9 To deal with any operational matter not otherwise delegated in the periodbetween the last meeting of the Council and prior to the setting up of a newCouncil following statutory elections.

    5.10 In consultation with the Group Manager Human Resources, to approve specialleave for Directors in accordance with the provisions of the appropriate schemeof salaries and conditions of service and guidelines issued by the Council.

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    5.11 Following consultation with the Director of Finance, to decide in terms of theCouncil's defalcation procedures whether to refer any particular case to thePolice.

    5.12 Following consultation with the Group Manager Human Resources to exercise alldiscretions available to the Council in terms of the Local Government PensionScheme (Scotland) Amendment Regulations 2000 and the Local Government(Discretionary Payments and Injury Benefits) (Scotland) Amendment Regulations2000.

    6. GENERAL DELEGATIONS TO CORPORATE DIRECTORS

    General Delegations

    The Executive Director Community and Support Services, Corporate Director ofPlanning and Environment Services, Service Director Schools Services, Service

    Director Social Work Services, Director of Finance and Corporate Director of CombinedServices are authorised:-

    6.1 Subject to there being the appropriate provision in the Council's budget, to deployresources as they think fit for the best execution of functions under theirmanagement.

    6.2 Subject to Committee approval, to deploy monies received from ScottishExecutive funding subject to the provisions of the Councils agreed policy ondeployment of such monies.

    6.3 To ensure that all activities undertaken are within the legal powers of the Counciland in the event of doubt to consult with the Director Chief Executive Service.

    6.4 To sign all documents on behalf of the Council relevant to the functions for whichthe Chief Executive/Director is responsible and to authorise other Officers to doso, excluding always any specific provision made for documents in terms ofprimary or subordinate legislation, statutory direction, the policies of the Councilin this or other Administrative Schemes.

    6.5 To take any actions necessary on any emergency situation that is within the remit

    of their own post or the Service for which they are responsible.

    6.6 To make decisions regarding complaints made under the Council's complaintsprocedure.

    6.7 Following consultation with the Director Chief Executive Service, to lodgeobjections with the Licensing Board under section 16 of the Licensing (Scotland)Act 1976 where one of the grounds for objection under the Act exists.

    6.8 To submit responses to consultation documents which concern operationalissues.

    6.9 To organise safe working processes within current Health & Safety policies.

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    6.10 Where thought to be in the interests of the Council, to approve the provision ofreasonable hospitality to representatives of other authorities, organisations,Officers of the Council and to others in relation to any one occasion.

    6.11 To approve the attendance of Officers at conferences within the United Kingdom

    where considered to be in the interests of the Council.

    6.12 To authorise the attendance of Officers in full-time or part-time courses of studyand the payment of appropriate fees.

    6.13 To appoint within their respective departments, all staff up to Chief Officer gradewithin the authorised establishments, except where the Council determinesotherwise. The appointment of employees who are in receipt of occupationalpensions, other than teachers, may only be made following consultation with theGroup Manager Human Resources.

    6.14 To exercise the powers given to Chief Officers in the various conditions ofservice so far as the discipline and efficiency of their Services are concerned.

    6.15 To apply the Council's conditions of service as affecting employees within theirService.

    6.16 To authorise the working of overtime by appropriate grades of Officers andmanual/craft employees and the payment of overtime or compensatory leave orhonoraria in accordance with criteria laid down by the Council.

    6.17 To sign and issue (a) authorisation to Officers of the Council to exercise statutorypowers (including the right to enter land and premises in connection with thedischarge of their duties) and (b) identity cards. To make recompense in respectof damage to or loss of an employee's personal property in respect of any oneincident up to an amount not exceeding 100 and up to 500 with the agreementof the Director of Finance.

    6.18 To permit any member of staff to absent themselves occasionally and temporarilyduring business hours to attend to duties or services of a civic, honorary,charitable, academic or social nature in accordance with the Council's specialleave policy provided that these do not interfere with the efficient discharge of thefunctions of the Council.

    6.19 To allow reasonable unpaid leave of absence to any employee to attend to publicduties as defined in section 50(1) and 2 (2) of the Employees Rights Act 1996 orapprove leave of absence in accordance with the Council's special leave policy.

    6.20 To appoint temporary staff where the appointments are fully funded by externalagencies or as replacements for established employees on long-term absencethrough sickness, maternity or special leave.

    6.21 In consultation with the Group Manager Human Resources, to appoint temporarystaff on appropriate grades additional to the formal establishment to addressexceptional workload peaks, such appointments to be for periods not exceeding

    6 months or such longer period as may be agreed with the Chief Executive andsubject to funding being met from existing budgets.

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    6.22 In consultation with the Group Manager Human Resources and, subject to theexigencies of the Service, to approve the secondment of staff between Servicesof the Council and between the Council and other Councils or other organisationssuch appointments to be for periods not exceeding 12 months.

    6.23 To take all necessary action of a routine nature in terms of their appointment, toimplement the policies, practices and procedures previously agreed by theCouncil and also to take such action implicitly in all matters ancillary thereto,including the incurring of expenditure of a minor or recurring nature and for whichadequate provision has been made in the estimates.

    6.24 To exercise delegations in terms of the Standing Orders relating to contractsadopted by the Council and to issue orders for the supply of goods and servicesfor their departments required for normal working and for which there is provisionin the estimates in accordance with the purchasing policy of the Council.

    6.25 To exercise delegations in terms of the Financial Regulations adopted by theCouncil.

    6.26 To maintain proper security for staff, buildings, stocks stores, furniture,equipment and similar items under their control. Where special arrangementsare considered necessary they shall consult with the Director of Finance.

    6.27 To authorise the payment of accounts due by the Council for goods and servicesproperly supplied and for which there is adequate provision in the estimates.

    6.28 To advise the Director of Finance about any extraordinary financial obligationwhich will affect the Council.

    6.29 To advise the Director of Finance about any extraordinary risk with will affect theinsurances held on behalf of the Council.

    6.30 To terminate on behalf of the Council any contract which the Council is entitled toterminate under the appropriate conditions of contract after consultation with theExecutive Director Community and Support Services, if satisfied that it is in theinterests of the Council.

    6.31 To exercise the powers given to the Council by Section 1 of the Local Authorities(Goods and Services) Act 1970.

    7. DIRECTOR OF FINANCE

    The Director of Finance is authorised:-

    7.1 As Proper Officer for the administration of the Councils financial affairs.

    7.2 To determine the systems of accounting control and the form of accounts andsupporting records, arrange for the publication of the annual accounts and thestatutory audit.

    7.3 To make arrangements for the collection, payment and, where appropriate,recovery of all income due to or to be collected by the Council including the

    council tax, rates and community charge income.

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    7.4 To make changes to budgets during estimate preparation to reflect serviceadjustments without specific reference to Committee, subject to an account ofsuch adjustments being available to the Council and may supplement budgetsfrom contingencies or other reserves in respect of national pay awards and priceinflation when funded without reference to the Council.

    7.5 To make all executive decisions on borrowing, investment or financing.

    7.6 Responsibility for the Council's banking arrangements.

    7.7 Must be consulted before a final decision is reached on action proposed intoinvestigations into frauds or irregularities conducted under the direction of a ChiefOfficer.

    7.8 To make provision for doubtful debt as considered appropriate and may write-offdebts considered uncollectable up to the individual value of 5,000 with out

    reference to Committee.

    7.9 To approve the creation of any reserve and any expenditure made.

    7.10 To approve any ex-gratia payment of more than 50 to be made to a third partyfor loss or damage to property.

    7.11 To be the Proper Officer in terms of Section 92 of the 1973 Act and able toauthorise the transfer of Securities and in terms of Section 191 of the 1973 Actmay sign on behalf of the Council any claim in sequestration, liquidation or otherproceedings.

    7.12 To grant early retirals on the grounds of efficiency in conjunction with the GroupManager Human Resources consistent with the Scheme of Retirals adopted forthe time being by the Council.

    7.13 Responsibility for Insurance Matters within the Council.

    8. CHIEF CONSTABLE

    The Chief Constable is authorised:-

    8.1 As sole authority in respect of operational police matters.

    8.2 In discharging the statutory authority of direction and control in respect of ForceSupport Staff, to exercise routine personnel management of all force supportstaff in respect of appointments, pay, conditions of service, discipline,superannuation and other personnel matters.

    8.3 To exercise routine personnel management of all Police Constables in respect ofappointments, pay conditions of service, discipline, superannuation and otherpersonnel matters, except where otherwise provided for in this scheme.

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    8.4 Subject to the provisions of the Schemes of Financial Regulations, FinancialCodes and Standing Orders relating to Contract, agreed by the Council, and tothe functions in these Schemes delegated to specified Force Support Staffemployed by the Council as Police Authority and under the direction and controlof the Chief Constable, to exercise routine financial management and

    administration of Dumfries and Galloway Constabulary and exercise routinecontrol of all aspects of property management of police property vested in theCouncil as Police Authority.

    8.5 To routinely manage, in accordance with Police pension regulations and inconjunction with the Pensions Manager the management of all pension issues forPolice Constables.

    8.6 To enter into agreements with the occupiers of premises on behalf of the Councilas Police Authority in terms of Section 13(2) of the Police (Scotland) Act 1967(Watching of premises or land).

    8.7 To discharge, if the Council as Police Authority is requested to do so, thefunctions of the Policy Authority under Section 19 (Appointment of Inspectors) ofthe Health and Safety at Work etc Act 1974 for the purpose of the enforcement ofthe Explosives Acts of 1875 and 1923 insofar as they relate to the licensing,registration land regulation of stores or registered premises.

    8.8 To approve secondments, below Chief Officer rank, from Dumfries and GallowayConstabulary to Central Service posts or other posts outside the Force undersection 38 of the Police (Scotland) Act 1967 or other applicable legislation,subject to prior consultation, in the case of Divisional Commanders or otherOfficers whose working relationship with the community or the Council has beensignificant, with the Chair of the Police and Fire Committee and the relevantChair of the Area Committee.

    9. CHIEF FIRE OFFICER

    The duties delegated to the Chief Fire Officer are also delegated to the BrigadeManagers and may be sub-delegated to any other Officer under the direction andcontrol of the Chief Fire Officer whom the Chief Fire Officer may, by written notice,nominate, and copy of any notice thus served shall be submitted to the Fire Authority for

    information. In exercising any delegated function the nominating Officer will takeaccount of any appropriate Fire and Rescue Service practices and procedures, of anymanagerial instruction given and of any similar consideration.

    The Chief Fire Officer is authorised:-

    9.1 In accordance with Section 19(2) of the Fire Services Act 1947 to be directlyresponsible for the management of all executive, administrative and operationalaspects of the Fire and Rescue Service.

    9.2 To discharge the duties of the Fire Authority under the various Acts, Orders,

    Rules, Regulations and Byelaws relating to Fire Safety, Health and Safety etc asapproved by the Authority and to authorise any Officer who is, in his/her opinion,

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    suitably qualified so to act, to carry out any such duties aforesaid and including,without prejudice to the generality of the foregoing, authority to sign on behalf ofthe Authority, such Fire Certificates, Notices, Licences or other documents asmay be required to be issued in connection therewith.

    9.3 In consultation with the Director of Finance to determine, within a policy laiddown by the Authority, charges for special services, courses and other servicesprovided by the Fire and Rescue Service, and the waiving and modification ofany such charges.

    9.4 In discharging the statutory authority of direction and control with regard to Fireand Rescue Service Staff, to exercise routine personnel management of all Staffin respect of appointments, pay, extension of sick pay arrangements, conditionsof service, discipline, superannuation and other personnel matters.

    9.5 To deal with the discharge of all employees on medical grounds.

    9.6 In consultation with the Council, to institute on behalf of the Authority anyproceedings in the Courts in connection with any offences under fire safetylegislation for the time being in force.

    9.7 To determine, in such cases where an employee of the Fire and Rescue Servicehas accepted an unsolicited gratuity, which charity the gratuities shall be given.

    9.8 To consider and determine applications from employees regarding secondaryemployment in accordance with the policy of the Authority.

    9.9 To operate the following schemes in consultation with the Director of Finance,having due regard to the rate of inflation to determine charges and allowances:

    (a) The Assisted Car Purchase Scheme

    (b) The scheme for reimbursement of medical/optical charges

    (c) The Car Allowance Scheme

    (d) Telephone allowances

    (e) Payment of honoraria and planned overtime

    9.10 To grant paid leave of absence in relation to meetings and membership of thosepublic bodies referred to in the Conditions of Service.

    9.11 Subject to the provisions of the Schemes of Financial Regulations, FinancialCodes and Standing Orders relating to Contract, agreed by the Council, and tothe functions in these Schemes delegated to specified Brigade Support Staffemployed by the Council, to exercise routine financial management andadministration of Dumfries and Galloway Fire and Rescue Service and exercise

    routine control of aspects of property management of Fire and Rescue Serviceproperty vested in the Council as the Fire Authority.

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    10 INTERPRETATION OF AND AMENDMENTS TO THE SCHEME

    10.1 Any reference in this Scheme to a particular Act or statutory provision is, unlessthe contrary intention appears, a reference to that Act or statutory provision asamended.

    10.2 All matters of interpretation of the Scheme are to be determined by the DirectorChief Executive Service.

    10.3 The Director Chief Executive Service is authorised to supply any omission in ornecessary amendment to or to correct any error arising in this Scheme ofDelegation which is of an administrative nature.