Corporate Information Management Department

Force Headquarters, PO Box 37, Valley Road,

Portishead, Bristol, BS20 8QJ

Facsimile 01275 814667

Email [email address]    

Tim Ostler Our Reference 185/17
<[FOI #388416 email]> Date 07 March
2017

Dear Mr Ostler

I write in connection with your request for information dated 7^th
February under the Freedom of Information Act.

Specifically you asked:

“Under section 8.2.13 of the Constabulary Joint Scheme of Governance it
states that the Director of HR is delegated to administer the powers and
duties conferred the Chief Constable as the 'police pension authority'.

A discretionary power must in general, shall be exercised by the authority
to whom it has been committed. It is a well known principle of law that
when a power has been confided to a person, he must exercise the power
personally unless he has been expressly empowered to delegate it to
another. This principle has been expressed in the form of a maxim
delegatus non potest delegare, it is often applied to law of agency, trust
and arbitration.

The Joint Scheme of Governance does not mention the Police (Injury
Benefit) Regulations 2006. There is no specific mention of the
discretionary power to review under regulation 37.

Please therefore provide me with either (1). The signed document, letter,
memo or email from the Chief Constable allowing the invocation of
regulation 37 that commenced in 2014.  Please provide evidence of any
documents signed by the Chief Constable Marsh.

(2). The document, letter, memo or email that confers the authority of the
delegation of the discretionary power of regulation 37 to another member
of staff or/and (3). If the decision to invoke regulation 37 was made
unilaterally by the delegated individual, then as the Chief Constable is
liable, I wish to see any document, memo or email that made the Chief
Constable aware that the regulation is being in-acted.”

The information you have requested is exempt by virtue of section 21,
information accessible to the applicant by other means.

The document is available on the internet. I have provided a link where
the document is on our website. It is the PDF attachment.

I trust this is of assistance to you.

[1]https://www.avonandsomerset.police.uk/ab....

The document is the most up-to-date and relevant document that provides
for the delegation.   Chief Constable Andy Marsh is not required to sign a
new document.

Yours sincerely

Rebecca Pritchard

Freedom of Information Officer

Corporate Information Management Department

Please note:

1.     Requests and responses may be published on Avon and Somerset
Constabulary’s website (within 24 hours), some of which may contain a link
to additional information, which may provide you with further
clarification.

2.     Whilst we may verbally discuss your request with you in order to
seek clarification, all other communication should be made in writing.

3.     Avon and Somerset Constabulary provides you with the right to
request a re-examination of your case under its review procedure (copy
attached).

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