Scheme of Delegation for London Officers and Councillors
In London, England the scheme of delegation sets out which decisions elected councillors reserve for committees or full council and which powers are delegated to officers or the mayor. This guide explains the typical structure used across London municipal authorities, how to find the controlling constitutional text, who enforces delegated powers and practical steps for officers and councillors to seek decisions, reviews or appeals. For the Greater London Authority constitution and its delegation tables see the official GLA constitution page GLA constitution[1]. For an example borough-level scheme see the Westminster City Council constitution Westminster constitution[2].
What is a scheme of delegation?
A scheme of delegation is a formal part of a council or authority constitution that lists functions, the level at which they are exercised (council, committee, sub-committee, officer), and any conditions or limits on delegated authority. It is used by London authorities to ensure lawful, efficient decision-making and to assign responsibility for statutory and administrative acts.
How delegation works in practice
- Delegation tables name the function and the post or body authorised to act, often with financial limits and referral conditions.
- Officers typically exercise routine, statutory administrative and urgent powers; councillors handle policy, large-scale spending and quasi-judicial matters.
- Delegations may allow sub-delegation to specified job titles rather than individual staff names.
- Many schemes include procedural requirements such as reporting, record-keeping and thresholds for referring decisions to committee.
Penalties & Enforcement
Schemes of delegation themselves rarely set fines; they assign powers to enact, enforce or begin legal proceedings under primary legislation and byelaws. Specific fines, penalties and enforcement steps are therefore set in the controlling statutory instruments or byelaws cited within the scheme, not typically inside the delegation table. If a scheme authorises an officer to issue fines or notices it will reference the statutory power rather than list monetary amounts. Where the controlling page lists penalties it is cited; otherwise the page is noted as not providing amounts.
- Monetary fines: not specified on the cited page; check the statutory instrument or bylaw referenced in the delegation text for exact amounts.
- Escalation: first offence, repeat or continuing offences and daily penalty regimes are set by the underlying legislation or byelaw and are not specified on the cited constitution pages.
- Non-monetary sanctions: enforcement commonly includes improvement or compliance notices, stop-work orders, suspension of licences, seizure of goods and prosecution; the scheme authorises the officer to take these actions where the law allows.
- Enforcers and reporting: delegated enforcement powers are typically exercised by designated departments (eg environmental health, licensing, planning enforcement) or named senior officers in the constitution; follow the department contact page for complaints or inspections.
- Appeals and reviews: appeal routes depend on the statutory scheme (appeal to a tribunal, magistrates' court, licensing sub-committee or internal review). Time limits for appeals are set by the relevant statute or regulation and are not specified on the cited constitution pages.
- Defences and discretion: many enforcement regimes allow defences such as "reasonable excuse" or permit/variance applications; officers often have discretion to warn, issue a formal notice or prosecute.
Applications & Forms
Most schemes do not publish dedicated application forms because the scheme only delegates authority; forms relate to the underlying statutory regime (eg licence application, planning application). The cited constitution pages do not list application names or fees; consult the specific service pages for forms and fees.
FAQ
- Who can exercise delegated powers?
- Delegated powers may be exercised by the officer or body named in the scheme, typically senior officers, heads of service or specific committees as set out in the constitution.
- Can a councillor override an officer decision?
- Councillors can usually revoke or change delegations and can request matters be referred back to committee if standing orders or the scheme provide a referral route.
- Where do I find the delegation table for my authority?
- Check the authority's constitution or governance pages; examples include the GLA constitution GLA constitution[1] and local council constitutions such as the Westminster constitution Westminster constitution[2].
How-To
- Locate the authority constitution and open the scheme of delegation section.
- Identify the specific function and note the named officer or committee, and any financial or referral limits.
- If you need a decision, submit the required paperwork to the named officer or service and request a recorded decision where appropriate.
- If you disagree with an officer decision, follow the internal review or appeal route set by the underlying statute or the council's governance rules promptly and within the statutory time limit.
Key Takeaways
- The scheme explains who can legally make which decisions and under what limits.
- Always check the underlying statute or byelaw for penalties, appeal periods and forms.
Help and Support / Resources
- City of London Corporation democracy pages
- London Councils - guidance and contacts
- Department for Levelling Up, Housing and Communities