Power of delegated decision making to staff

Under the new legislation, certain functions may be delegated to staff in the future but first these must be set out in a Scheme of Delegation approved by the Department for Communities. For such a Scheme to come into existence, it must first be drafted, consulted on and agreed with the Department for Communities.

However, while some decisions may become delegated in the future, the new law also stipulates that certain decisions can never be delegated to staff, for example the power to institute a statutory inquiry into a charity.

In accordance with the new law, both Commissioners and staff can act as part of a decision-making committee. Where decisions are not delegated, the role of staff is to gather relevant information to brief and advise Commissioners who are the decision makers.