Decision

To further delegate all delegated powers relating to the authorising to institute, defend or participate in and settle any legal proceedings, or authorise others to do so, in any case where such action is necessary to give effect to decisions of the Council or in any case where he considers that such action necessary to protect or pursue the Council’s interests or where he considers it expedient for the promotion or protection of the interests of the inhabitants of Barnsley.” from the Executive Director, Core Services to the Monitoring Officer of the Council and to designate the Monitoring Officer as the Single Responsible Officer of the Council for all powers under the Regulation of Investigatory Powers Act 2000. Any references contained within the constitution to legal proceedings by the Executive Director Core Services will be references to the Monitoring Officer.

Reasons for the decision

Many of the current delegations to the Executive Director, Core Services, were agreed when the holder of this position was also the council’s Monitoring Officer and senior legal officer. As this is no longer the case it is more appropriate that powers to instigate legal proceedings are delegated to the most appropriate officer to action them.

Alternative options considered

Do Nothing: The current situation does not allow for significant decisions of this nature to be taken by the most appropriate and qualified person to make them.