Draft SEPA Scheme of Delegated Powers
Background
SEPA is a statutory non-departmental public body (NDPB), incorporated under the Environment Act 1995 (“the 1995 Act”). Its status and remit are defined under Section 20 of and Schedule 6 to that Act.
SEPA is Scotland’s primary environmental regulator. It is accountable through Scottish Ministers to the Scottish Parliament. The Agency Board is the corporate (legal) entity of SEPA.
SEPA's purpose, as set out in the Regulatory Reform (Scotland) Act 2014 is to ensure that Scotland’s environment is protected and improving, including ensuring that natural resources are managed in a sustainable way. In carrying out its functions for that purpose, SEPA must, except to the extent that it would be inconsistent with its purpose, contribute to improving the health and wellbeing of people in Scotland and to achieving sustainable economic growth.
This Scheme of Delegated Powers document is part of a set of documents making up SEPA’s “Governance Framework” describing how SEPA operates and makes decisions to meet its statutory purpose. These documents include matters relating to financial management, staff behaviours, who has authority to make different types of decisions, and rules for official meetings. Some of the documents are formal and statutory in nature
Introduction
The Environment Act permits SEPA to appoint staff and to delegate to them the day to day running of SEPA. SEPA staff operate according to a scheme of delegation. This defines what authority and responsibility SEPA staff have.
This Scheme of Delegated Powers (‘Scheme’) sets out the powers or duties retained and reserved to the Board and/or delegated to the Chief Executive. This document allows the Board to delegate the powers vested in it by the legislation. This is needed as all decision-making powers legally rest with the Board and must be delegated from the Board to the relevant decision maker in the organisation.
The Scheme gives the Chief Executive the powers necessary for them to do their job.
The Scheme incorporates two schedules:
- Schedule A specifies SEPA duties and powers which have been retained and reserved to the Board. A list of those express matters which also need to be reported to the Board is included.
- Schedule B lists the specific powers delegated to SEPA’s Chief Executive by the Board.
The Scheme is to be read in conjunction with the SEPA Framework and Agency Board Standing Orders. Accountability is further described in the following section.
Accountability
The cascade of accountability between the Board and SEPA staff, including and via the Chief Executive, is described below.
The Agency Board
Legally, the Agency Board is SEPA, as set out in Schedule 6 of the Environment Act 1995. As stated in the Framework Document, the role of the Board is to provide leadership, direction, support and guidance to ensure SEPA delivers, and is committed to delivering, its functions effectively and efficiently and in accordance with the aims, policies and priorities of the Scottish Ministers.
Further guidance on the responsibilities of the SEPA Board and board members, including the Chair, can be found within the SEPA Framework document.
The Board has the legal powers to carry out SEPA’s activities. Some of these powers it exercises itself, as described in Schedule A, but the majority it delegates to SEPA’s Chief Executive.
The Board reserves the right to determine all matters which (as agreed by the Chair and the Chief Executive) affect the relationship between the Board and Scottish Ministers.
The Board can, at any time, decide that they wish to have any matter referred to them for information/ noting/ decision/ consideration, or any other reason.
View SEPA’s website for details about the Agency Board, including meetings, membership, structure, how Board members are appointed and how to contact the Board.
Chief Executive and Accountable Officer
The Agency Board delegates operational leadership of SEPA to the Chief Executive of SEPA. The Chief Executive of SEPA is employed and appointed by the Board, with the approval of the Scottish Ministers and is the principal adviser to the Board on the discharge of its functions. The specific duties of the Chief Executive are set out in the job description for that role. The Framework Document also contains information on the SEPA Chief Executive responsibilities. The Chief Executive can also at any time, decide that they wish to have any matter referred to them for consideration.
The Principal Accountable Officer for the Scottish Administration (the Permanent Secretary to the Scottish Government) will designate the Chief Executive as the Accountable Officer for SEPA (unless there are specific reasons not to). The responsibilities as Accountable Officer are described in the SEPA Framework document, but primarily the Accountable Officer is personally responsible for the propriety and regularity of the public finances of SEPA and ensuring that its resources are used economically, efficiently and effectively, as required by section 15 of the Public Finance and Accountability (Scotland) Act 2000. The Accountable Officer may also be called to give evidence before the Public Audit Committee of the Scottish Parliament. The detailed responsibilities associated with this designation are set out in the Memorandum to Accountable Officers for Other Public Bodies published in the Scottish Public Finance Manual as Annex 2 to the section on Accountability.
Without prejudice to the generality of 3.2.1 specific powers which are delegated by the Board to the Chief Executive are provided in Schedule B.
The powers delegated under paragraph 3.2.1 and more specifically 3.2.3 and Schedule B may be sub-delegated by the Chief Executive (including temporary delegation, for example, but not only, during periods of leave or other planned absence of the Chief Executive from duty).
Corporate Leadership Team and SEPA staff
Unless stated otherwise, all sub-delegations are made by the Chief Executive to members of the Corporate Leadership Team (CLT) and so forth down the management structure. It is up to the Chief Executive which powers are delegated onwards and to which level in the organisation. Due to the nature and purpose of SEPA as an organisation, the bulk of specific legal duties and powers fall into this category and will be covered in separate governance documentation setting out specific accountabilities (legal duties or otherwise), to whom these are delegated, and extent of sub-delegation permitted.
The CLT, led by the Chief Executive, has a wide remit covering the operational oversight of the organisation.
Sub-delegations to SEPA Officers
The Chief Executive has delegated, and may delegate, specific powers to Chief Officer(s) and Executive Director(s) under appropriate governance documentation [such as Standing Financial Instructions and Standing Orders, specific letters of delegation, or by such other means as the Chief Executive considers appropriate]. Subject to paragraph below, the Chief Officer(s) and Executive Director(s) have further delegated, and may further delegate, such powers down the management structure under appropriate governance documentation. In addition, and in so far as not inconsistent with any such specific delegations, the Chief Executive delegates to all SEPA staff those statutory powers of SEPA (including, without limitation, its powers under section 37 of the Environment Act 1995) which it is reasonably necessary for them to have in order to exercise the specific powers delegated to them and/or in order to carry out the tasks assigned to them under their contracts of employment or job descriptions.
Further sub-delegation
Except as authorised expressly in this Scheme of Delegated Powers, the powers sub-delegated to SEPA staff by this Scheme cannot be further sub-delegated to anyone else, except with the authority of the Chief Executive or the appropriate Chief Officer or Executive Director.
Prior delegations
All delegations and sub-delegations of powers made before the date of this Scheme in accordance with any prior scheme of delegation, and all actions deriving validity from them (whether before, on or after that date), will remain valid and effective notwithstanding the making of this Scheme, except any actions after that date which rely for their validity solely on such prior delegations or sub-delegations, to the extent that such prior delegations or sub-delegations conflict with or are inconsistent with this Scheme.
Future proofing
References in this document to job titles, roles, teams etc, will be deemed to include reference to them under their former or future names following any organisational restructuring.