Hampshire County Council

Policy and Resources Committee

Item 7

17 July 2001

Financial Regulations and Contract Standing Orders

Report of the Chief Executive and County Treasurer

Contact: Jacky Barnes, ext 6453

1 Summary

1.1

1.2 It is necessary to revise financial regulations and contract standing orders to meet the requirements of the new constitution regarding the roles of members and chief officers. The opportunity has also been taken to bring the documents up to date to reflect issues such as Best Value, partnership arrangements and risk management.

2 Background

2.1 The Chartered Institute of Public Finance and Accountancy has recently published a model set of financial regulations and these have been extensively used to draft the revised financial regulations for Hampshire County Council. The model suggests that financial regulations should be at a summary level concentrating on the roles of members, the finance officer and the other chief officers and that more detailed guidance should be contained in a set of financial procedures (these are subject to further consultation amongst finance heads of profession and chief officers, and with schools).

2.2 The opportunity has been taken to revise contract standing orders in terms of both content and style. The content has been simplified and modified to include reference to Best Value and in particular the awarding of contracts where tenders are evaluated using qualitative as well as financial criteria. At the same time detailed guidance about European Union (EU) Directive requirements, conditions of contract and tendering procedures have been removed (the EU requirements on the grounds that these are undergoing a period of change). The thresholds for procurement requirements under EU directives will still have to be adhered to but detailed guidance will be contained in practice notes. These will be drafted by the Head of Corporate and Legal Practice during the next few months and will replace the current Code of Practice for Contracts. A procurement manual will also be provided by County Supplies before the end of the financial year setting out appropriate practical guidance.

2.3 Financial regulations and contract standing orders are drafted in plain English and will be submitted to the Plain Language Commission for accreditation.

2.4 The major changes are summarised in two tables, attached as Appendix 1.

2.5 The revised draft financial regulations and contract standing orders are attached as Appendices 2 and 3. These need to be submitted for approval to the Department for Transport, Local Government and the Regions (DTLR) before the County Council can operate its new constitutional arrangements of Leader and Cabinet from 1 September 2001. They may be subject to further guidance and review. It would in any event be appropriate to review how they operate in practice after say six months, reporting back to Cabinet and the Standards Committee as necessary.

Recommendation

1 That the revised financial regulations and contract standing orders be approved to support the operation of Leader with Cabinet from 1 September 2001.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published works.

2. Documents which disclose exempt or confidential information as defined in the Act.

rjp2461

Appendix 1

Financial regulations

Summary of changes

Reference

New developments

   

Changes to reflect new constitution

Section on new member and chief officer roles

A1 to A23

Risk management

The role of the Chief Executive in the corporate management of risk

C2 to C3

Partnership arrangements

The Cabinet's ultimate responsibility for the management of partnerships plus the roles of Chief Executive, County Treasurer and other chief officers

E2 to E7

Best Value

The Cabinet's and Chief Executive's roles in drawing up the Best Value Performance Plan

Guidelines on the preparation of budgets to take account of Best Value guidelines

B6

B15

Changes in Thresholds

   

Virements

Threshold for reporting to the Executive members ( was committees) to be raised from £100,000 to £250,000 with a further threshold at £500,000 or 25% of individual budget items for reporting to Cabinet as it is a key decision.

Also confirming the need to report increases in staffing to the Cabinet.

A24 to A27

Contract Standing Orders

Summary of changes

Reference

New developments

   

Best Value requirements

General statement about the Best Value principles involved in the identification of areas of change and the process of considering options for delivering that change

Tender evaluations may now be based on quality criteria as well as price.

2.1

8.6 to 8.8

Sustainable development

To take account of the corporate strategy for sustainable development in the award of contracts

4.7

Consultation on contracts

Chief Executive must be consulted on all new and/or complex contracts

11.5

List of exceptions

The existing list of exceptions has been updated to reflect constitutional changes and summarised in the form of a table

Appendix A

Changes in Thresholds

   

Low-value transactions

Tenders not required below £15,000 (old threshold £5,000)

6

Intermediate transactions

Three tenders required between £15,000 and £75,000 ( old thresholds £5,000 and £50,000)

7

Full procedures

Full tendering process required above £75,000 (old threshold £50,000)

8

Above EU procurement levels

Compliance with EU procurement directives

9