1. In order to be able to operate efficiently and effectively Lancashire Fire and Rescue Service (the Service) needs a scheme of delegation which enables decisions to be made quickly and by the right person whilst preserving the crucial oversight of and accountability to the Combined Fire Authority (the Authority).
2. The Authority’s decision-making arrangements operate in accordance with section 101 of the Local Government Act 1972 under which decisions are made either by the full Authority (or by a committee of the Authority operating within terms of reference set by the Authority); or by an officer exercising delegated authority.
3. For those matters delegated to an officer, some are delegated specifically to one of the three statutory officers (the Chief Fire Officer, Treasurer and Monitoring Officer) as set out below. These delegations may only be exercised by them personally or by an officer authorised by them for that purpose. Everything else is delegated nominally to the Chief Fire Officer and they can arrange for those functions to be carried out by other officers as appropriate.
4. The Chief Fire Officer is the Authority’s Head of Paid Service; together with the Responsible Finance Officer (Treasurer) and the Monitoring Officer, these are the three statutory officers the Authority is required to appoint. The Authority has adopted the Code of Practice on Good Governance for Local Authority Statutory Officers.
5. This scheme of delegation should be read in conjunction with any statutory guidance issued under the Fire and Rescue National Framework as updated from time to time. Where there is any ambiguity or lack of clarity around any particular matter, the interpretation offered by the statutory guidance shall take precedence.
6. The decisions which the full Authority has reserved to itself are:
6.1 Approval of the Community Risk Management Plan and any significant amendments to it.
6.2 Approval of any significant and permanent changes to service delivery or to plans and policies which will have a significant effect on service delivery.
6.3 Approval of the annual budget and the precept to give effect to the budget and associated statutory documents including the Medium-Term Financial Strategy, Capital Strategy, Reserves Strategy, Treasury Management Strategy and Pay Policy Statement.
6.4 Approval of the constitution including standing orders, terms of reference for its committees, and this scheme of delegation.
6.5 Appointment and dismissal of the Chief Fire Officer, Treasurer and Monitoring Officer.
6.6 Notwithstanding the above list, the Authority may of its own accord, or at the request of officers, deal with or be advised of any other matter.
7. The matters listed in the terms of reference of any committee are delegated to that committee, to the extent set out in the terms of reference.
8. Any action by an officer under delegated powers shall be in accordance with the overall policies approved by the full Authority or any relevant decision of a committee. Officers will also comply with principles for good decision-making, namely:
8.1 Proportionality (the action must be proportionate to the desired outcome).
8.2 Due consultation and the taking of professional advice as needed.
8.3 Respect for human rights.
8.4 A presumption in favour of openness.
8.5 Clarity of aims and desired outcomes.
9. If authority to act has been reserved to the full Authority or delegated to a committee then no officer may exercise delegated authority in relation to that matter without the approval of the Authority or committee. This limitation includes the ability to make key decisions. A key decision is one which has financial implications for the Authority in excess of any current provision already made and that will have a significant impact. Key decisions will be made by the full Authority only.
10. Before exercising any delegated power, officers must consider whether the decision to be made is of such a nature that it should be referred for a decision by the full Authority. Through the Chief Fire Officer, clear communication must be maintained with the chair of the Authority. Where significant decisions are made under delegated powers, the Chief Fire Officer should always consider whether a report should be made of that decision to the Authority.
11. All officers have a responsibility to advise the Chief Fire Officer and elected members on the areas in which they lead and are accountable to members for the performance of those services.
12. Where a proposed exercise of delegated authority is such that the Chair should be consulted and the Chair is absent or otherwise unavailable, then the Vice Chair should be consulted. Similarly, in the absence of the Chair of a committee, a Vice Chair should be consulted.
13. All members and officers involved in decision making on behalf of the Authority are protected by a general indemnity, which protects each of them from personal liability for the consequences of action taken in good faith on behalf of the Authority.
14. The starting point for the delegated authority to staff is the general authorisation in sections 8-12 above, given to all officers to act within their roles. There are instances where the Chief Fire Officer, Treasurer and the Monitoring Officer retain very specific powers to act and these are set out below.
15. The Chief Fire Officer is the Head of Paid Service responsible for operational leadership of the Service and is also the Authority’s professional adviser on all matters which are not the responsibility of either the Treasurer or the Monitoring Officer.
16. Decision-making is delegated to exercise all powers necessary to fulfil the role and duties of Chief Fire Officer that are not specifically reserved to the Authority or one of its committees including but not limited to the following powers:
16.1 Appointment and dismissal of fire service staff other than the statutory officers and any steps necessary to achieve this.
16.2 Allocation of staff to meet strategic priorities and any steps necessary to achieve this.
16.3 Configuration and organisation of resources and any steps necessary to achieve this.
16.4 Deployment of resources to meet operational requirements and any steps necessary to achieve this.
16.5 Balancing of competing operational needs and any steps necessary to achieve this.
16.6 Expenditure outside of budget up to £200,000 in each financial year. For the avoidance of doubt, this expenditure does not constitute a “key decision” under paragraph 9 above unless it will also have a significant impact. A report on the use of this delegated power will be brought to each meeting of the Audit, Risk and Governance committee, even if it is a nil report.
16.7 To exercise all the powers of the Authority under fire safety legislation including as an enforcement authority, statutory consultee or adviser to other agencies.
16.8 To discharge the responsibilities and duties of the Authority under health and safety legislation.
16.9 After consultation with the Chair, Vice-Chair and group leaders, to respond to consultation documents on behalf of the Authority.
16.10 In consultation with the Chair and Monitoring Officer, the Chief Fire Officer may sign up to external charters provided it is within the general scope of delegations associated with this role. Where this is not within scope of their delegations, the Chair in consultation with the Monitoring Officer may decide the appropriateness of tabling this as a matter for consideration by the Authority.
17. The Treasurer (the Authority’s Chief Finance Officer) is legally responsible for ensuring that the Combined Fire Authority manages public money properly, transparently and in line with the law. Their specific powers are all functions assigned to the Treasurer with the financial regulations including but not limited to:
17.1 Acting as the Authority’s “Proper Officer” for finance. They carry out legally defined duties under the Local Government Act 1972, including:
17.1.1 Receiving and accounting for all money owed to the Authority.
17.1.2 Issuing statutory financial certificates.
17.1.3 Ensuring the proper administration of the Authority’s financial affairs.
17.2 Maintaining financial standards and governance: set and oversee the Authority’s financial rules, ensure compliance with national accounting requirements, and provide professional advice so members can make informed and lawful decisions.
17.3 Overseeing budgets and financial reporting: the Treasurer is responsible for budget management, financial monitoring, the annual Statement of Accounts, and ensuring the Authority provides clear and accurate financial information to the public.
17.4 Managing treasury, investments and financial risk: controlling the Authority’s borrowing, investment and cashflow arrangements, ensuring decisions are prudent and protect the Authority from financial risk.
17.5 Raising concerns where something may be unlawful: if any proposed action could lead to unlawful spending or pose a serious financial risk, the Treasurer has the authority to intervene and formally advise the Authority.
17.6 To deal with all matters arising under the Firefighters Pension Scheme 1992, Firefighters Pension Scheme 2006, Firefighters pension Scheme 2015 and the Firefighters Compensation Scheme (England) Order 2006 and any associated regulations and the Local Government Pension Scheme.
17.7 All financial delegations shall be exercised in accordance with the Authority's Financial Regulations.
18. The Monitoring Officer is the Authority’s professional adviser on legal, procedural and conduct matters. The Monitoring Officer will receive copies of all Executive Board agendas and minutes including any confidential items. Decision-making is delegated to the Monitoring Officer to exercise all powers necessary to fulfil the role and duties of Monitoring Officer including but not limited to the following powers:
19. To be "Proper Officer" in relation to all provisions in the Local Government Act 1972 concerning:
19.1 Receipt of any written notice of resignation from members.
19.2 The summoning of meetings.
19.3 Receipt of notice and recording of any member’s interest in contracts with or tenancies of premises owned by the Authority (Section 96(1)).
19.4 In Section 225, the officer who will take receipt of documents deposited with the Authority by any person and in Section 229 the officer certifying a photographic copy of an original.
19.5 In Section 234, the officer who shall certify and authenticate official documents on behalf of the Authority.
20. To be “Proper Officer” in relation to the provisions of the Local Government and Housing Act 1989 regarding political groups; the allocation of seats to committees and sub-committees and the appointment of members to those seats in accordance with the wishes of group leaders (including the appointment of temporary substitutes).
21. To be "Proper Officer" for the purposes of the Local Government (Access to Information) Act 1985 relating to exclusion of information from publicly available reports.
22. To keep the Authority’s common seal and seal or sign any order, deed or other document necessary to give effect to a decision of the Authority or a committee or officer acting under delegated powers. This power can be delegated by the Monitoring Officer to another appropriate officer.
23. To act as the “qualified person” to determine whether information should be regarded as exempt from publication under Section 36 of the Freedom of Information Act 2000.
24. To make in-year changes to committee memberships in consultation with political group leaders.
25. To instruct counsel or seek external legal advice whenever the Monitoring Officer considers this to be necessary or in the interests of the Authority.
26. To make any necessary minor, non-material amendments consequential upon legislative changes, other decisions of the Authority or to correct errors in the constitution.
27. In consultation with the Chair (or Vice-Chair) of the Authority and the Chair of the Committee in question, to appoint temporary substitute members to committees where the appointed member is unavailable. This will be carried out in accordance with Standing Order 3 – Appointment of temporary substitutes to committees, sub-committees and working groups.
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