The Chief Fire Officer's Scheme of Delegation
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For this scheme
- Fire & Rescue Authority means the Nottinghamshire and City of Nottingham Fire & Rescue Authority.
- Financial Regulations means the Finance Standing Orders, Financial Regulations and Codes of Procedures, etc approved from time to time by the Nottinghamshire and City of Nottingham Fire & Rescue Authority.
- Personnel Regulations means the Personnel Regulations and Personnel Handbook approved from time to time by the Nottinghamshire & City of Nottingham Fire & Rescue Authority.
General Delegation to the Chief Fire Officer
The Chief Fire Officer shall exercise the following powers:
- Subject to any provisions of statute and subject to any overriding authority of Financial Regulations and Personnel Regulations, the Chief Fire Officer shall have the authority to take any action with regard to any matter within the purview of his/her appointment subject to the following principles:-
- The Chief Fire Officer shall not be empowered to deviate from the approved policies of the Fire & Rescue Authority.
- The Chief Fire Officer shall not be empowered to initiate significant matters of new policy without the approval of the Fire & Rescue Authority.
- The Chief Fire Officer shall not use his/her delegated powers in any way which would produce an imbalance between the approved policies of the Fire & Rescue Authority; he/she shall be able to exercise discretion on virement between approved budget headings provided that this action does not produce a significant change of emphasis in Fire & Rescue Authority policies, and is exercised in accordance with Financial Regulations.
- The Chief Fire Officer shall be empowered to appoint and manage staff within the Establishing Scheme approved by the Fire & Rescue Authority and in accordance with Personnel regulations, but shall not appoint staff at the level of Deputy Chief Fire Officer, Assistant Chief Fire Officer, Head of HR or Head of F & R without the approval of the Fire & Rescue Authority.
- The Chief Fire Officer shall report at regular intervals to the Fire & Rescue Authority setting out in narrative form the principal use made by him/her of the powers delegated by this resolution or otherwise, together with any uses which the Chief Fire Officer considers to be particularly important or unusual.
The Chief Fire Officer is empowered to enter into contracts only within Financial Regulations and Codes of Procedures.
- To designate in writing such other Officers as the Chief Fire Officer thinks fit to exercise any authority delegated to the Chief Fire Officer under this scheme of delegation or otherwise.
- To exercise the statutory powers described in the Specific Delegation to the Chief Fire Officer contained in this Scheme as set out below and any similar powers in relation to any amended, consequential or re-enacted Act, regulation or Order.
General Delegation to the Treasurer and the Clerk/Monitoring Officer
There is delegated to the Treasurer and to the Clerk/Monitoring Officer authority to take any action within the purview of their respective appointments, subject to the relevant general principles applying to the exercise of delegated powers by the Chief Fire Officer.
Powers Delegated to the Chief Fire Officer
- There is delegated to the Chief Fire Officer, authority to exercise the powers and duties of the Fire & Rescue Authority, and of any body for which the Fire & Rescue Authority act as agent, in respect of:-
- The Fire & Rescue Services Act 2004 and the Fire Precautions Act 1971 Regulatory Reform (Fire Safety) Order 2005.
- Appointments and authorisations, issue and transfer of licences, issue serving and enforcement of prohibition and improvement notices, granting or refusal of exemptions, the issue of responses and the institution of proceedings under the following enactment’s: -
- The Fire & Rescue Services Act 2004
- The Fire Precautions (Workplace) Regulations 1997 or any subsequent re-enactment thereof (Added at the meeting of the Fire and Rescue Authority 7th September 2007
- The Regulatory Reform (Fire Safety) Order 2005 or any subsequent re-enactment thereof (Added at the meeting of the Fire and Rescue Authority 7th September 2007)
- Animal Boarding Establishments Act 1963
- Building Regulations 1991
- Building Act 1985
- Caravan Sites Control & Development of Act 1960
- Children & Young Persons Act 1933 amended 1952
- Children's Act 1989
- Chronically Sick and Disabled Persons Act 1970
- Cinemas Act 1985
- Cinematograph amended Act 1982
- Construction (Design & Maintenance) Regulations
- Construction (Health, Safety & Welfare) Regulations
- Control of Substances Hazardous to Health and (Amendment Regs 1990)
- Control of Explosive Regulations 1991
- Radioactive Substances Act Exemption Order 1985
- Radioactive Substances Act 1960
- Registered Homes Act 1960
- Riding Establishments Act 1964
- Road Traffic Act 1974
- Road Vehicle Lighting Regulations 1989
- Safety Signs & Signals Regulations 1996
- Safety at Sports Grounds Act 1975
- Theatres Act 1968
- Thermal Insulation (Industrial Buildings) Act 1952 & 1972
- Town & Country Planning Act 1971
- Water Act 1945, 1981 & 1989
- Land and Buildings
In compliance with Finance Standing Orders, Financial Regulations, statutory requirements and sound business practice, to manage and authorise the financing, procurement and disposal of goods, services and capital projects and to maintain asset registers.
- Firefighters' Pensions
The Chief Fire Officer may exercise the Fire & Rescue Authority's discretionary powers under the Firefighters' Pension Scheme.
- Ex-Gratia Payments
The Chief Fire Officer may determine claims for ex-gratia payments, etc up to E250 in respect of incidents affecting both employees and volunteers whilst they are carrying out duties at the request of the Fire & Rescue Authority and where damage is caused to their personal belongings.
- Extensions to Sick Pay Requests
To consider all individual cases of extensions to sick pay and to determine a defined time-scale for the period of the extension if agreed. Decisions of the Personnel Committee will be final and not open to appeal.
- Urgency Matters
To determine any matter where a decision is required before the next full meeting of the Combined Fire Authority, subject to consultation with the Chairman, Vice Chairman and Opposition Spokespersons of that Authority.
- Conversion of Posts
As granted at the meeting of the Authority on 16th December 2005 and detailed in Minute 80 of that meeting, the Chief Fire Officer has delegated authority to approve the conversion of uniformed posts to non-uniformed posts.
Any post conversions are to be reported annually to the Personnel Committee retrospectively at the end of each business year.
- Claims against the Authority
As granted at the meeting of the Authority on 7 September 2007 and detailed in Minute 35 of that meeting. the Chief Fire Officer has delegated authority to settle:
- Any claim against the Authority up to a maximum level of El 5,000
- Any claim against the Authority in excess of E 15,000 following consultation with the Chair, Vice Chair and opposition spokespersons