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CAIRNGORMS NATIONAL PARK AUTHORITY 
Paper 3 Annex 1 7/05/04 

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. 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. 

Scheme of Delegation 

2. 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 for drawing down Grant In Aid 
from the Scottish Executive each month, on the basis of need. 

3. 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. 

4. The principles referred to in paragraph 2 are: 

a) 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); 

b) 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. 

c) 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. 

d) 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. 
 
e) 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. 

f) 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. 

g) 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: 

i. 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; 

ii. Where it is proposed that any issue be determined contrary to significant local 
opposition or the strong recommendation of statutory consultees; 

iii. 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; 

iv. 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); 

v. Where Standing Orders or National or International regulation requires 
determination otherwise; 

vi. 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: