Decision details

Decision details

Update to Delegated Powers in the Constitution

Decision Maker: Council

Decision status: For Determination

Is Key decision?: No

Is subject to call in?: No


The Committee considered a report by the Senior Solicitor and Monitoring Officer regarding the Update to Delegated Powers (circulated previously).


The Committee was advised of the following in relation to the Update to Delegated Powers:


·       The update concerned the delegated powers as covered within Annexe 2, part 3 of the NDC Constitution. The changes would allow officers to act efficiently, and in line with relevant policy and/or law.

·       The amendments would allow:

o   The Chief Executive and Chief Financial Officer to apply and act as a personal licence holder for the North Devon Community Lottery (to be launched in 2024).

o   All Heads of Service, and the Chief Financial Officer, to deal with Value Added Tax (VAT) appropriately.

o   The Head of Governance to approve funding to applicants of the Keep North Devon Connected (KNDC) Fund which has been created following the closure of Go North Devon, and to determine eligible ‘Good Causes’ to be beneficiaries of the North Devon Community Lottery.

·       An additional recommendation (as per the supplementary report) proposed as amendments to the Constitution (Part 2, article 4, and to Part 3 Annexe 1) on advice from the external Port Marine Safety Code audit, and from the external specialist solicitors, to make it clear where the responsibility of the harbours for which the Council is responsible for sit, especially in relation to the Duty Holder function.

·       Change to Paragraph 6 of Annexe 1 to Part 3 of the Constitution would be to include the District Councillor for Lynton and Lynmouth within the Harbour Board, rather than (as previously) just District Councillors for Ilfracombe.


(19:43) Councillor Quinn left the meeting.


In response to questions from the Committee, the Director of Resources and Deputy Chief Executive confirmed that the proposal for the new North Devon Community Lottery had been considered by the Strategy and Resources Committee, and approved by Members.  The Head of Governance would not be approving payments of grants to applicants for the North Devon Community Lottery but to determine eligible ‘Good Causes’ to be beneficiaries. If approved as eligible their ‘level of award’ would depend on their good cause ticket sales. The person buying the ticket would choose who would benefit from their purchase.


RECOMMENDED that the Update to Delegated Powers be approved and proceed to Council for consideration.


Report author: Simon Fuller

Publication date: 12/12/2023

Date of decision: 14/11/2023

Decided at meeting: 14/11/2023 - Governance Committee

Accompanying Documents: