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The Coal Authority
Scheme of Delegation

Approved as Amended and Effective from 20th February 2008

The powers of the Authority are delegated to the Chief Executive and other Executive Directors subject to:

(a) Overall policy determined from time to time by the Members of the Authority (“the Board”);

(b) Such decisions and instructions as the Board may from time to time take or give; and

(c) All significant matters being brought to the Board for information or decision or other action as appropriate. For this purpose “significant” means:-

Any disposal of land or other property (except coal) where the consideration is greater than £1m.

Any disposal of coal where the consideration (or estimated total consideration) is greater than £5m.

Any acquisition of any property for a price greater than £0.5m.

Any contract (other than a contract for the disposal of land or coal) where the contract price exceeds £0.5m. Where urgency precludes the matter being brought to the Board, a report will be made to the next available meeting.

Any matter where its unusual nature, public interest or Ministerial interest so requires.

The delegation of powers to the Chief Executive or to an Executive Director does not obviate the need for proper communication and liaison between other Executive Directors but membership of the Executive Committee does not increase or detract from an Executive Director’s individual responsibilities.

The exercise of all delegated powers is on the basis that appropriate expert advice will be sought as necessary and that any costs involved can be met within the authorised budget.

Except so far as the context otherwise requires, any reference in this scheme to the male gender shall be deemed to include the female.

Powers are delegated to the Chief Executive and other Executive Directors, as shown in the following table. Some powers are delegated subject to further conditions. Where a power is exercisable subject to “consultation”, the person exercising the power must obtain the written views of the person to be consulted; if he decides to over-rule those views, he must give the Chief Executive (or, if he is the Chief Executive, the Board) his reasons in writing for doing so.

Where concurrent powers are delegated to two or more Executive Directors, their exercise is governed by management controls imposed by the Chief Executive.

Note: “The 1994 Act” means the Coal Industry Act 1994. All references to Acts include references to any subsequent amendments or statutory replacement of those Acts and to any Statutory Instruments made under any such Act.

A	Powers delegated to the Chief Executive
	Power	Subject To
1	Powers to manage, control and organise the affairs of the Authority and, as necessary, exercise of the powers delegated to any other Executive Directors.	If he decides to grant, or refuse to grant, or to grant subject to conditions any Licence under Part II of the 1994 Act (licensing of coal mining operations) he may give the Board an explanation of his decision but shall not be present at nor take any part in any subsequent review of that decision by the Board.
2	To authorise any action necessary to protect the health and safety of individuals or the safety of any property.
3	To authorise the employment of such staff as he thinks necessary for the proper exercise and performance of the powers and duties of the Authority, and to appoint such staff.	(a) provided the costs can be met within the approved budget (b) appointment of staff who report directly to him is subject to consultation with his Chair
4	To terminate the appointment of staff.	Termination of the appointment of staff who report directly to him is subject to consultation with the Chair.
5	a) To determine the staffing structure of the Authority.	This and other matters in this paragraph are subject to the cost being able to be met within the approved budget
	b) To determine terms and conditions of employment of staff, except in relation to Executive Directors, (whose terms and conditions are determined by the HR & Remuneration Committee).	The Management Statement
	c) To approve bonuses, honoraria, overtime payments, reimbursement of relocation costs and other such matters (except in the case of other Executive Directors).
6	To deal with claims from employees in respect of injury or loss of or damage to personal property occurring in the course of their employment.
7	To deal with claims from visitors to the Authority’s premises in respect of injury or loss of or damage to personal property occurring while on such premises.
8	To co-sign Schedules of Payables Orders on behalf of the Authority.	The Authority’s Financial Controls and Procedures
9	To fulfill the responsibilities of “owner” of any mine whilst the Authority is the owner for the purposes of the Mines & Quarries Act 1954 and the Mines & Quarries (Tips) Act 1969 and to make the necessary appointments.
B	Powers delegated to each Executive Director
	Power	Subject To
1	To appoint such staff as are necessary for the proper functioning of his Directorate, and to terminate the appointment of staff within his Directorate.	Prior authorisation of the posts by the Chief Executive, and consistently with the determination by the Chief Executive of the terms and conditions of such appointments. Termination of any appointment will normally be following consultation with the Solicitor and Secretary.
2	To authorise overtime working in his Directorate.	HR Policies and management controls from time to time in force.
3	To co-sign Schedules of Payable Orders on behalf of the Authority	The Authority’s Financial Controls and Procedures.
4	To do all such things as are necessary for the proper administration, management and control of his Directorate and all other such things as are necessary for the proper performance of his appointment.	The matters set out above.
5	To sign Statements of Truth and swear Affidavits in connection with any business of the Authority.
6	To discharge (in respect of information under his control) the Authority’s responsibilities in relation to making information available.
7	In relation to matters within his responsibility, to obtain legal and other advice as necessary, and to institute, defend and (if appropriate) settle in the best interests of the Authority legal proceedings by or against the Authority so far as necessary to enforce any decision of the Authority or to protect its interests.	Consultation as appropriate with the Chief Executive, the Solicitor and Secretary, and other Executive Directors. The Authority’s Financial Controls and Procedures.
C	Powers delegated to Individual Executive Directors
	Power	Subject To
1	Director of Mining Information and Services
	(i) To discharge the Authority’s responsibilities for the establishment and maintenance of arrangements for information relating to coal mining operations to be made available.
2	Solicitor and Secretary
	(i) To instruct Barristers and Solicitors to act for and advise the Authority and obtain other professional advice as he considers appropriate in the best interests of the Authority.	Provided the cost can be met within the approved Budget. Consultation with the relevant Executive Director who has budgetary control for any particular action.
	(ii) To summon meetings of the Board in accordance with Standing Orders.	Note: In practice, the calendar of meetings is submitted to and approved by the Board some months before the start of the year to which it relates. Any changes to the calendar are made after consultation with the Chair.
3	Director of Finance
	(i) To do all things as are necessary to ensure the proper management of the Authority’s finances, including drawing up the Authority’s Financial Controls and Procedures.
	(ii) To arrange any necessary representation at any creditors’ meeting.
	(iii) To establish appropriate controls to assess the financial strength of bondsmen giving security under Part II licences and leases to ensure bonds will be honoured if called upon.	Consultation with the Chief Executive where relevant.
4	Director of Mining Projects and Property
	(i) To carry out the Authority’s functions with respect to the licensing of coal mining operations.	Consultation with the Director of Finance where relevant to such function.
	(ii) To take any steps or actions regarding the holding, managing and disposing of interests and rights in or in relation to the unworked coal and other property vested in the Authority.	The Authority’s Financial Controls and Procedures.
	(iii) To carry out other functions conferred on the Authority by virtue of the 1994 Act including (but without limitation): (a) The acquisition of such land and interests in land as may be necessary for the proper discharge of the Authority’s function (b) To discharge the Authority’s duties under Section 4 of the 1994 Act (agreement for securing co-operation and exchange of information with the Health and Safety Executive) and be the liaison officer nominated by the Authority as provided in any Agreement with the Health and Safety Executive. (c) To exercise the Authority’s functions in relation to Sections 5(4) (arrangements with licensed operators to give and publish notices); 38-41 inclusive (withdrawal of support); 49 and 50 (rights in relation to former copyhold land) of the 1994 Act. (d) To exercise the rights conferred by Section 51 of the 1994 Act (additional rights in relation to underground land) (e) To discharge the Authority’s duties under Sections 35 (register of licences and orders) and 56 (register of rights) of the 1994 Act. (f) To exercise the powers conferred by Section 4B (powers of entry) of the 1994 Act.	Obtaining the agreement of the Secretary of State and consent of the Treasury where appropriate. Consultation with the Chief Executive.
	(iv) To carry out the Authority’s functions with respect to coal mining subsidence.

Delegation in Absence

1. Chief Executive

In his absence, the powers delegated to him are exercisable by such other member of the Executive Directors’ Committee as the Chief Executive shall appoint for the purpose and where practicable, after consultation with the Chair or, failing such an appointment, as appointed by the Chair.

2. Other Members of the Executive Directors’ Committee

In the absence of a member of the Executive Directors’ Committee, the powers delegated to him are exercisable by the Chief Executive or, failing him, by some other member of the Executive Directors’ Committee appointed for the purpose from time to time by the Chief Executive or, failing such appointment, as appointed by the Chair.



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The Coal Authority Scheme of Delegation

Delegation in Absence

1. Chief Executive

In his absence, the powers delegated to him are exercisable by such other member of the Executive Directors’ Committee as the Chief Executive shall appoint for the purpose and where practicable, after consultation with the Chair or, failing such an appointment, as appointed by the Chair.

2. Other Members of the Executive Directors’ Committee

The Coal Authority
Scheme of Delegation