THE CAIRNGORMS NATIONAL PARK AUTHORITY                                      Agenda            4
                                                                                Item
                                           15th APRIL 2003
                            DELEGATION OF FUNCTIONS TO STAFF
  SUMMARY: To seek Members’ agreement to interim arrangements under which
  functions are delegated to staff of the CNPA.
CONSIDERATION
     1.
     2.  The National Parks (Scotland) Act, Schedule 1, paragraph 17 provides that anything
         authorised or required to be done by the NPA may be done by any of its employees
         who is authorised (generally or specifically) for the purpose by the NPA. This report
         therefore seeks to formalise the basis on which officials will carry forward work for the
         NPA. In practice, the relationship between staff and Members in taking work forward
         will evolve over time, and an understanding will develop on the extent to which
         Members wish and need to be involved. However, all this needs to develop within a
         framework.
     3.  Scheme of Delegation
     4.  The Chief Executive (or Interim Chief Executive) or appropriate senior manager will
         have delegated responsibility for all expenditure and matters in respect of the
         operation, development and implementation of policy for the area of work assigned to
         them unless specifically reserved to the NPA Board or its Committees, or is contrary
         to the principles listed below (paragraph 4). The Chief Executive or appropriate
         member of staff will have delegated responsibility responsibility for drawing down
         Grant In Aid from the Scottish Executive each month, on the basis of need.
     5.
     6.  The Chief Executive and/or the relevant senior managers will be responsible for
         appointment of all posts below the level of the Senior Management Team.
     7.
     8.  The principles referred to in paragraph 2 are:
     a.
     b.  The Chief Executive and Senior Managers may authorise other officials to exercise
         functions (except where those functions are required to be exercised personally by a
         named or designated official);
     c.
     d.  Delegated powers should not generally be exercised where any decision by an
         authorised official would represent a departure from or significant development of,
         NPA policy or procedure.
     e.
     f.  Such decisions should be referred to the NPA or appropriate Committee, except in
         cases of urgency, where an official may after consultation with the relevant
         Committee Chair or Convener or Deputy Convener, exercise such delegated powers.
     g.
     h.  Should such powers be exercised in urgent circumstances, a report should be
         submitted to the next appropriate meeting of the NPA Board or relevant committee for
         noting.
     i.
     j.  If any decision proposed under delegated powers might lead to a budget being
         exceeded, the official must consult the lead Member on finance (possibly the Chair of

         the Finance Committee) and Head of Corporate Services (or Chief Executive) before
         exercising the delegated power.
     k.
     l.  The Chief Executive or relevant Senior Manager must ensure that the relevant lead
         Member, Committee Chair or the Convener or Deputy Convener as appropriate is
         consulted on matters of a controversial nature. Where appropriate such matters
         should be referred to the NPA Board or the relevant Committee for decision.
     m.
     n.  In determining whether a matter is to be regarded as controversial, the Chief
         Executive or relevant senior manager will pay particular care in the following
         circumstances:
     o.
            i.
           ii.    Where determination of the issue may involve a decision contrary to local or
                  national policy, or the determination may lead to a breach of a relevant Code
                  of Practice or guidance;
          iii.
           iv.    Where it is proposed that any issue be determined contrary to significant
                  local opposition or the strong recommendation of statutory consultees;
           v.
           vi.    The official proposes to determine the matter or act in a manner contrary to
                  the recommendation of other officials whom he/she is obliged to or had
                  chosen to consult;
          vii.
         viii.    There are perceived public safety or significant public policy issues
                  dependent upon the determination (save in the case of urgency as referred to
                  in paragraph (c) above);
           ix.
           x.     Where Standing Orders or National or International regulation requires
                  determination otherwise;
           xi.
          xii.    There are questions of legality or financial advisability/probity involved.
  RECOMMENDATION: That the scheme of delegation is agreed as a basis of operation
  for CNPA staff in serving and supporting the CNPA Board.
Signature:
Designation: Interim Chief Executive
Date:
Background Papers: