Functions delegated to Staff by the Chief Constable
Dear Avon and Somerset Constabulary,
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. To help this may not have been signed actually in 2014 but earlier by either Port, Gargan or Long
or/and
(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 on 16 retirees.
Yours faithfully,
Graeme Heath
Dear Avon and Somerset Constabulary,
Usually you have acknowledged my previous request quite promptly.
Can I please confirm with you the deadline will be 12 November 2014.
Yours faithfully,
Graeme Heath
Corporate Information Management Department
Force Headquarters, PO Box 37, Valley Road,
Portishead, Bristol, BS20 8QJ
Facsimile 01275 814667
Private Our Reference 1140/14
Mr Graeme Heath
Your reference
[FOI #234314 email]>
Date 16 October 2014
Dear Mr Heath
I write in connection with your request for information dated 15^th
October concerning the Joint Scheme of Governance. This request will be
dealt with under the terms of the Freedom of Information Act 2000.
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act. In some
circumstances Avon and Somerset Constabulary may be unable to achieve this
deadline if consideration needs to be given to the public interest test.
If this is likely you will be informed and given a revised time-scale at
the earliest opportunity.
Yours sincerely,
C Quartey
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.
Corporate Information Management Department
Force Headquarters, PO Box 37, Valley Road,
Portishead, Bristol, BS20 8QJ
Facsimile 01275 814667
Email foirequests@avonandsomerset.police.uk
Private Our Reference 1109/14
Graeme Heath Your reference
[FOI #234314 email] Date 11 November 2014
Dear Mr Heath
I write in connection with your request for information dated 15^th
October concerning the Police (Injury Benefit) Regulations.
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. To help this may not have been
signed actually in 2014 but earlier by either Port, Gargan or Long or/and
(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 on 16 retirees.
Please find the document requested attached.
Yours sincerely
C Quartey
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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