The Role of the Authority, Legal Structure and Delegations

Legal Structure/Delegations

The Authority is a corporate body with the legal responsibility for making decisions about all matters concerning the functions, powers, duties and responsibilities of the Authority, which are invested in it by statute and/or the common law. The Authority has delegated a range of decision making about various matters to committees and officers as set out in this constitution but has otherwise reserved powers to itself. The exercise of any delegated powers and decision making by committees and sub-committees appointed by the Authority and described in this constitution shall be subject to:

(i) statutory or legal requirements

(ii) standing orders and financial regulations of the Authority

(iii) strategic and corporate policies adopted by the Authority

and/or any directions given by the Authority in relation to the exercise of delegated functions.

No delegation which may be given by the Authority shall preclude the reference of matters by a committee or sub-committee to the Authority nor preclude the Authority from exercising any powers so delegated except where action has already been taken pursuant to a resolution of a committee or sub-committee under its approved terms of reference and delegated authority.

Functions Reserved to the Authority

Only the Authority will exercise the following functions:

(1) Variations to standing orders and financial regulations and procedures.

(2) The revenue budget, medium term financial strategy, capital plan and affordable borrowing limit, and levying or issuing of a precept.

(3) Approval of the Corporate Plan including the Integrated Risk Management Plan.

(4) Major policy issues including:

(i) the number and location of fire stations

(ii) major organisational variations to the management structure of the Authority and the command structure of the Brigade

(iii) major variations to the establishment scheme

(5) Approvals reserved to the Authority under Procedural and Contract Standing Orders and Financial Regulations and Procedures.

(6) Adopting a members' allowances scheme.

(7) Appointing the Chair and Vice Chair of the Authority and the Chairs and Vice Chairs of the committees of the Authority (save for the Standards Committee which self appoints its Chair).

(8) Any other matters which by law must be reserved to the Authority itself.