Waverley Borough Council Committee System - Committee Document
Meeting of the Council held on 16/10/2007
ANNEXE 4 - PROPOSED CHANGES TO FINANCIAL REGULATIONS
ANNEXE 3
PROPOSED CHANGES TO CONTRACT PROCEDURE RULES
1. All references to “Managing Director” be replaced with “Chief Executive”.
2. The following addition is proposed to ensure Waverley has adequate access to contractors’ records in situations where the nature of the contract is such that Waverley will be developing the service in partnership with the contractor:
Re: Standard clauses in contracts
S104
Where a contract is of a nature of a partnership, where the Council and contractor will work over the period of the contract to develop and improve the specification of the contract to improve service delivery, there shall be a clause within the contract to grant the Council officers, including Internal Audit, access to the contractor’s records appertaining to the contract. This shall include such considerations, but not restricted to, financial, governance, business continuity, transactions and performance data.
3. The following specific amendments to CPR W:
Re: waivers to CPRs
W101 In circumstances where there is a demonstrable and justifiable need to waive one or more of these CPRs due to reasons that are not covered by any other CPR, whether this be on the grounds of urgency or other specific cause, the approval of the Executive shall be sought by the relevant chief officer. Waiver shall only be permitted where the Executive gives approval. If the matter is of such urgency that it cannot wait until the Executive is next scheduled to meet or until the Executive can be convened, a request shall be made in writing seeking the approval of the
Chief Executive
Managing Director
. The
Chief Executive
Managing Director
may either give approval personally or refer the matter to the relevant portfolio holder for approval.
W102 Requests for a waiver shall be made in writing, detailing:
a) the specific CPRs to be waived
b) the reasons why a waiver is sought
c) the proposed course of action
d) the signature of the requesting officer..
W103 In any instance where the relevant chief officer is required to consult the Director of Finance, where the Director of Finance is the relevant chief officer the
Chief Executive
Managing Director
shall be consulted and their approval or advice sought.
If the Director of Finance is, at the time being, also the Managing Director, the Chairman of the Executive shall be consulted and their approval or advice sought.
At times when the Chief Executive is absent for an extended period, a director shall be nominated by the Chief Executive to consider applications for waivers. That director shall operate in accordance with this CPR. Where a waiver is sought in respect of a contract for which that director is the relevant chief officer, if that request is urgent then the approval shall be sought from the Chairman of the Executive.
W104 In any instance where the relevant chief officer is required to consult the
Chief Executive
Managing Director
, where the
Chief Executive
Managing Director
is the relevant chief officer, the Chairman of the Executive shall be consulted and their approval or advice sought
. If the relevant chief officer is, at the time being, also the Managing Director, the Chairman of the Executive shall be consulted and their approval or advice sought.
W105 The approval of a waiver shall be evidenced by the
Chief Executive
Managing Director
or the Chairman of the Executive annotating the request with “approved” and signing the request in person. This approval document shall be retained by the relevant chief officer for a minimum of seven years or otherwise as in accordance with the Council’s policy on document retention.
ANNEXE 4
PROPOSED CHANGES TO FINANCIAL REGULATIONS
To achieve clear compliance with the CIPFA Code of Practice for Internal Auditors in Local Government, the following changes to Financial Regulations are proposed:
C104 To notify the Director of Finance
and Audit Manager
immediately of any loss, liability or damage that may lead to a claim against Waverley, together with any information or explanation required by the Director of Finance or the authority’s insurers.
E104 To ensure that, before entering into agreements with external bodies, a risk management appraisal has been prepared
and to report the outcome to the Director of Finance and the Audit Manager.
E108
To ensure that a lead authority is identified that will assume responsibility for leading and developing the partnership
E109
To nominate a lead officer to represent Waverley in the partnership, who will be responsible for reporting on partnership developments to Waverley’s chief officers and to Audit Manager regarding risk management and governance matters.
Comms/council/2007-08/033
