Delegations to particular Officers

a) Chief Executive

  1. To accelerate the incremental position of any employee whose post is reserved for elected member appointment, provided the maximum of the grade for the post is not exceeded.

  2. To authorise the premature retirement of non teaching staff except those for those posts reserved for elected member appointment in which cases premature retirement can be authorised after consultation with the members of the Governance Committee.

  3. i) To extend the time period for aggregation of LGPS membership beyond 12 months in exceptional circumstances; and

    (ii) To augment the membership of the LGPS for an employee or group of employees on joining or during service in appropriate circumstances.

  4. a) To be the Returning Officer for County Council elections.

    b) In circumstances considered special by the Chief Executive, to delegate to any senior officer (nominated in that behalf by the Chief Executive) the right to exercise the powers of the Chief Executive as Returning Officer for County Council elections.

    c) To increase annually the fees and disbursements payable in respect of County Council elections by the same percentage as the pay award made by the NJC for Local Government Services.
  5. To agree with the employing Director the salary bands for management posts in LMG Bands 1-10 (below Director level).
  6. To approve payments under the Premium Scheme, in consultation with the relevant Director, subject to the other options for addressing staff retention problems having been considered and the following criteria having been satisfied:

    a) the market in which the County Council is competing being examined;

    b) salary levels in that market for the required skills, qualifications and experience being clearly above the County Council pay levels; and

    c) non-pay items which might provide a recruitment/retention incentive being thoroughly examined.
  7. To vary, in special cases, the approved level of assistance with training expenses.
  8. To authorise payment of awards under the Local Government (Discretionary Payments) Regulations.
  9. To apply the discretionary provisions within the Local Government Pension Scheme Regulations.
  10. To authorise increases to locally agreed special payments and allowances which have a corporate application to reflect movement in the relevant cost of living index/wage award as appropriate.
  11. To agree to the payment of a resettlement allowance above the maximum figure in the relocation scheme in appropriate circumstances after consultation with the Chairman of the Governance Committee and the Leaders of the other Groups.
  12. To increase the ceiling on the Assisted Car Purchase Scheme annually in the light of increases in new car prices.
  13. To adjust, on an annual basis, user contributions towards the leasing costs of lease cars.
  14. To deal with issues relating to the fees paid to the County Medical Adviser.
  15. To require information as to interests in land under a power conferred upon the County Council by any Act.
  16. To exercise the Council's powers and duties under:

    a) the Charities Acts 1993 and 2006;

    b) the Local Government (Access to Information) Act 1985 to set charges for copy documents and other matters;

    c) section 3 of the Local Government and Housing Act 1989 (politically restricted posts).
  17. a) After undertaking consultations, as appropriate, or, in the case of appointments under the Local Government and Housing Act 1989 on receipt of nominations, to appoint members, and fill vacancies.

    b) In consultation with the Leader of the Council, to approve the appointment of delegates to attend conferences at which the County Council is invited to be represented and at meetings of bodies of which the County Council is a member and to appoint substitutes.
  18. To appoint a person(s) to consider representations made by objectors who request a hearing under Section 6(1) of the Commons Registration (East Sussex) Act 1994 and to report to the Cabinet regarding those representations.
  19. In relation to school admission appeal panels:

    i) to appoint a panel of persons from whom Appeal Panels can be drawn, to comprise: (a) those persons who either have experience in education or are familiar with local educational circumstances or are parents of children currently at a school and whose names he has approved; and (b) those persons who have responded to statutory advertisements for lay members, or who otherwise meet the statutory criteria to serve as lay members, and whose names he has approved;

    ii) to constitute from time to time Appeal Panels by the selection of three panel members, subject to statutory requirements;

    iii) to appoint panel members as Chairmen of Appeal Panels;

    iv) to approve a list of persons for appointment to Appeal Panels established by governors of voluntary aided schools.
  20. To make arrangements pursuant to section 95(2) of the School Standards and Framework Act 1998 (appeals by governing bodies in relation to admitting excluded pupils)
  21. In relation to school exclusion appeal panels:

    i) to appoint a panel of persons from whom School Exclusion Appeal Panels can be drawn, to be comprised of one from each of the following three groups: (a) lay panel members, defined as those who have not worked in a school in a paid capacity, although they may have been a school governor or worked as a volunteer; (b) those members who must be, or have been, a governor of a maintained school provided they have served in this capacity for at least 12 months in the last 6 years (but must not be or have been a teacher or headteacher); and (c) those members who are, or have been in the last five years a headteacher of a maintained school. In the event of an exclusion from a Pupil Referral Unit (PRU), the member can either be a headteacher from a maintained school or a teacher in charge of a PRU;

    ii) to constitute from time to time School Exclusion Appeal Panels by the selection of one panel member from each of the three categories above;

    iii) to meet statutory requirements, to appoint only lay members as Chairmen of School Exclusion Appeal Panels;

    iv) to approve a list of persons for appointment to School Exclusion Appeal Panels established by governors of voluntary aided schools.
  22. To enter into model agreements, as amended, under the New Roads and Street Works Act 1991 or any re-enactment thereof.
  23. In consultation with the Director of Transport and Environment and Director of Corporate Resources to agree, on behalf of the County Council, to acquire land pursuant to the service on the County Council under Section 150 of the Town and Country Planning Act 1990 of a valid blight notice in respect of land which is blighted under any of paragraphs 13-18 of Schedule 13 to that Act provided he is satisfied that no grounds exist for service of a counter-notice under Section 151 of the 1990 Act.
  24. a) To exercise the powers of the County Council under the Marriage Act 1994 and the Marriage (Approved Premises) Regulations 1994, save where a review has been sought which falls to be determined by the Approved Marriage Premises Review Panel.

    b) To convene a panel of three members, drawn from the membership of the Regulatory Committee, to review decisions made by the Proper Officer for Registration under the Marriage (Approved Premises) Regulations 1995.
  25. To agree, in consultation with the relevant Director, individual compensation settlements arising from references to the ACAS Conciliation Officer in Employment Tribunal cases.
  26. To maintain and operate the Corporate Confidential Reporting ("Whistleblowing") Policy.
  27. To maintain and operate the E-Mail Use Policy, including authority to make any necessary minor amendments or updating after consultation with the Director of Corporate Resources.
  28. In relation to members' allowances:

    a) after consultation with the Director of Corporate Resources to implement revised rates for members' allowances, including payments for travelling and subsistence;

    b) after consultation with the Chairman of the Governance Committee to approve additions to the list of outside bodies for which members may claim payment of travelling expenses,

    and to make changes to the Members' Allowances Scheme accordingly.
  29. To make minor changes to Standing Orders, Delegations to the Chief Executive and Directors, the Terms of Reference of Committees, Sub-Committees and Panels and existing protocols, after consultation with the three Group Leaders.
  30. To determine claimed public rights of way pursuant to Section 53(5) of the wildlife and Countryside Act 1981.
  31. In relation to libraries:

    a) to fix the opening and closing hours; and

    b) to set the fees and charges made by the Business Information Services.
  32. To take the lead role in Arts related work, including determining in consultation with the relevant Cabinet member, applications for grant aid for support for the Arts where the sum applied for is £2000 or less.
  33. To make grants from the allocation for discretionary grants agreed by the Cabinet up to a total, for any one organisation in any period of three years, of £1,000 except where:

    a) the organisation has been refused a grant by the Cabinet unless the Cabinet has specifically agreed that a grant from the discretionary allocation may be given;

    b) the organisation is at the time in receipt of a grant from the Cabinet; or

    c) the organisation has received a grant from the allocation for the past three years.

Note:

i) The Chief Executive, as the Head of the Paid Service, has certain statutory responsibilities under the Local Government and Housing Act 1989.

ii) The Chief Executive or his/her nominee has been appointed to serve with the President of the East Sussex Valuation Tribunal on a two person panel to appoint Valuation Tribunal members.