Local Councils may only do what legislation requires or permits them to do. With some particular exceptions, the Council may delegate functions to committees, sub committees, officers, or other authorities.
The power to delegate functions by local councils is set out in the Local Government Act 1972 S.101 as follows:
Local Government Act 1972
- 101 Arrangements for discharge of function by local authorities
- Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions:
- by a Committee, a sub-Committee or an officer of the authority, or
- by any other local authority
- Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee of the authority, then unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.
- Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee, sub committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.
- Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so, they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities.
- A local authority’s functions with respect to issuing a precept for a rate or borrowing money shall be discharged only by the authority.
The aim of this page is to clarify the manner in which Whittington Parish Council has delegated its powers and the authority to spend.
The council is not empowered by Financial Regulations or otherwise to delegate certain specified decisions.
In particular any decision regarding:
- Levying or issuing a precept
- Approving the council’s annual accounts
- Borrowing money
- Considering the auditors report made in the public interest
- Confirming by resolution that it has satisfied criteria to exercise the General Power of Competence
- Adopting or revising the council’s Code of Conduct
- Declaring eligibility for the General Power of Competence
Whittington Parish Council 