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Church Lawton Parish Council > Documents > Policies > Financial Regulations dated May 2021

Financial Regulations dated May 2021

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 CHURCH LAWTON

PARISH COUNCIL

FINANCIAL REGULATIONS

 Adopted May 2021

 CONTENTS

  1. GENERAL. 3
  2. ACCOUNTING AND AUDIT (INTERNAL AND EXTERNAL) 5
  3. ANNUAL ESTIMATES (BUDGET) AND FORWARD PLANNING.. 6
  4. BUDGETARY CONTROL AND AUTHORITY TO SPEND.. 7
  5. BANKING ARRANGEMENTS AND AUTHORISATION OF PAYMENTS.. 8
  6. INSTRUCTIONS FOR THE MAKING OF PAYMENTS.. 9
  7. PAYMENT OF SALARIES.. 10
  8. LOANS AND INVESTMENTS.. 11
  9. INCOME.. 11
  10. ORDERS FOR WORK, GOODS AND SERVICES.. 12
  11. CONTRACTS.. 12
  12. PAYMENTS UNDER CONTRACTS FOR BUILDING OR OTHER CONSTRUCTION WORKS 14
  13. STORES AND EQUIPMENT. 14
  14. ASSETS, PROPERTIES AND ESTATES.. 14
  15. INSURANCE.. 15
  16. RISK MANAGEMENT. 15
  17. SUSPENSION AND REVISION OF FINANCIAL REGULATIONS.. 15

 

REVIEW HISTORY

These Financial Regulations were adopted by the Council at its Meeting held on 5th May 2021 and replace those dated June 2020

  1. GENERAL
    • These financial regulations govern the conduct of financial management by the council and may only be amended or varied by resolution of the council. Financial regulations are one of the council’s three governing policy documents providing procedural guidance for members and officers. Financial regulations must be observed in conjunction with the council’s standing orders and any individual financial regulations relating to contracts.
    • The council is responsible in law for ensuring that its financial management is adequate and effective and that the council has a sound system of internal control which facilitates the effective exercise of the council’s functions, including arrangements for the management of risk.
    • The council’s accounting control systems must include measures:
      • for the timely production of accounts;
      • that provide for the safe and efficient safeguarding of public money;
      • to prevent and detect inaccuracy and fraud; and
      • identifying the duties of the clerk/RFO.
    • These financial regulations demonstrate how the council meets these responsibilities and requirements.
    • At least once a year, prior to approving the Annual Governance Statement, the council must review the effectiveness of its system of internal control which shall be in accordance with proper practices.
    • A breach of these Regulations by an employee is gross misconduct and may give rise to disciplinary proceedings.
    • Members of Council are expected to follow the instructions within these Regulations and not to entice employees to breach them. Failure to follow instructions within these Regulations brings the office of Councillor into disrepute.
    • The Responsible Financial Officer (RFO) holds a statutory office to be appointed by the council. The Clerk has been appointed as RFO for this council and these regulations will apply accordingly and the office is referred to as Clerk/RFO throughout this document. In the Clerk’s absence through sickness, annual leave or any other reason, the assistant Clerk will take the role of RFO for the duration of the absence.
    • The Clerk/RFO;
      • acts under the policy direction of the council;
      • administers the council’s financial affairs in accordance with all Acts, Regulations and proper practices;
      • determines on behalf of the council its accounting records and accounting control systems;
      • ensures the accounting control systems are observed;
      • maintains the accounting records of the council up to date in accordance with proper practices;
      • assists the council to secure economy, efficiency and effectiveness in the use of its resources; and
      • produces financial management information as required by the council.
    • The accounting records determined by the Clerk/RFO shall be sufficient to show and explain the council’s transactions and to enable the Clerk/RFO to ensure that any income and expenditure account and statement of balances, or record of receipts and payments and additional information, as the case may be, or management information prepared for the council from time to time comply with the current Accounts and Audit Regulations.
    • The accounting records determined by the Clerk/RFO shall in particular contain:
  • entries from day to day of all sums of money received and expended by the council and the matters to which the income and expenditure or receipts and payments account relate;
  • a record of the assets and liabilities of the council; and
  • wherever relevant, a record of the council’s income and expenditure in relation to claims made, or to be made, for any contribution, grant or subsidy.
    • The accounting control systems determined by the Clerk/RFO shall include:
      • procedures to ensure that the financial transactions of the council are recorded as soon as reasonably practicable and as accurately and reasonably as possible;
      • procedures to enable the prevention and detection of inaccuracies and fraud and the ability to reconstruct any lost records;
      • identification of the duties of officers dealing with financial transactions and division of responsibilities of those officers in relation to significant transactions;
      • procedures to ensure that uncollectable amounts, including any bad debts are not submitted to the council for approval to be written off except with the approval of the Clerk/RFO and that the approvals are shown in the accounting records; and
      • measures to ensure that risk is properly managed.
    • The council is not empowered by these Regulations or otherwise to delegate certain specified decisions. In particular, any decision regarding:
      • setting the final budget or the precept (Council Tax Requirement);
      • approving accounting statements;
      • approving an annual governance statement;
      • borrowing;
      • writing off bad debts;
      • declaring eligibility for the General Power of Competence; and
      • addressing recommendations in any report from the internal or external auditors,

shall be a matter for the full council only.

  • In addition, the council must:
  • determine and keep under regular review the bank mandate for all council bank accounts;
  • approve any grant or a single commitment in excess of £500 and
  • in respect of the annual salary for any employee have regard to recommendations about annual salaries of employees made by the relevant Committee in accordance with its terms of reference.
    • In these financial regulations, references to the Accounts and Audit Regulations or ‘the regulations’ shall mean the regulations issued under the provisions of section 27 of the Audit Commission Act 1998, or any superseding legislation, and then in force unless otherwise specified.

In these financial regulations the term ‘proper practice’ or ‘proper practices’ shall refer to guidance issued in Governance and Accountability for Local Councils – a Practitioners’ Guide (England) issued by the Joint Practitioners Advisory Group (JPAG), available from the websites of NALC and the Society for Local Council Clerks (SLCC).

  1. ACCOUNTING AND AUDIT (INTERNAL AND EXTERNAL)
    • All accounting procedures and financial records of the council shall be determined by the Clerk/RFO in accordance with the Accounts and Audit Regulations, appropriate Guidance and proper practices.
    • On a regular basis, at least once in each quarter, and at each financial year end, a member other than the Chairman shall be appointed to verify bank reconciliations for all accounts produced by the Clerk/RFO. The appointed member will not sign cheques during their appointed term. The member shall sign the reconciliations and the original bank statements (or similar document) as evidence of verification. This activity shall on conclusion be reported, including any exceptions, to and noted by the council.
    • The Clerk/RFO shall complete the annual statement of accounts, annual report, and any related documents of the council contained in the Annual Return (as specified in proper practices) as soon as practicable after the end of the financial year and having certified the accounts shall submit them and report thereon to the council within the timescales set by the Accounts and Audit Regulations.
    • The council shall ensure that there is an adequate and effective system of internal audit of its accounting records, and of its system of internal control in accordance with proper practices. Any officer or member of the council shall make available such documents and records as appear to the council to be necessary for the purpose of the audit and shall, as directed by the council, supply the Clerk/RFO, internal auditor, or external auditor with such information and explanation as the council considers necessary for that purpose.
    • The internal auditor shall be appointed by and shall carry out the work in relation to internal controls required by the council in accordance with proper practices.
    • The internal auditor shall:
  • be competent and independent of the financial operations of the council;
  • report to council in writing, or in person, on a regular basis with a minimum of one annual written report during each financial year;
  • to demonstrate competence, objectivity and independence, be free from any actual or perceived conflicts of interest, including those arising from family relationships; and
  • have no involvement in the financial decision making, management or control of the council.
    • Internal or external auditors may not under any circumstances:
  • perform any operational duties for the council;
  • initiate or approve accounting transactions; or
  • direct the activities of any council employee, except to the extent that such employees have been appropriately assigned to assist the internal auditor.
    • For the avoidance of doubt, in relation to internal audit the terms ‘independent’ and ‘independence’ shall have the same meaning as is described in proper practices.
    • The clerk/RFO shall make arrangements for the exercise of electors’ rights in relation to the accounts including the opportunity to inspect the accounts, books, and vouchers and display or publish any notices and statements of account required by Audit Commission Act 1998, or any superseding legislation, and the Accounts and Audit Regulations.
    • The clerk/RFO shall, without undue delay, bring to the attention of all councillors any correspondence or report from internal or external auditors.
    • The clerk/RFO shall ensure that accounting documents are available on the website of the Parish Council in accordance with the Transparency Code Regulations.
  1. ANNUAL ESTIMATES (BUDGET) AND FORWARD PLANNING
    • Each committee shall review its three-year forecast of revenue and capital receipts and payments. Having regard to the forecast, it shall thereafter formulate and submit proposals for the following financial year to the council not later than the end of November each year including any proposals for revising the forecast. The clerk/RFO shall formulate and submit other proposals to the Council in respect of revenue and capital costs for the following financial year not later than the end of November.
    • The clerk/RFO should each year, by no later than November, prepare detailed estimates of all receipts and payments including the use of reserves and all sources of funding for the following financial year in the form of a budget to be considered by the council.
    • The council shall consider annual budget proposals in relation to the council’s three-year forecast of revenue and capital receipts and payments including recommendations for the use of reserves and sources of funding and update the forecast accordingly.
    • The council shall fix the precept (council tax requirement), and relevant basic amount of council tax to be levied for the ensuing financial year not later than by the end of January each year. The RFO shall issue the precept to the billing authority and shall supply each member with a copy of the approved annual budget.
    • The approved annual budget shall form the basis of financial control for the ensuing year.
  2. BUDGETARY CONTROL AND AUTHORITY TO SPEND
    • Expenditure on revenue items may be authorised up to the amounts included for that class of expenditure in the approved budget. This authority is to be determined by:
    • the council for all items over £1000
    • a duly delegated committee of the Council for items over £500
    • the Clerk, in consultation with Chairman of Council or in their absence, the Vice-chairman of the Council, for any items below £500 and over £150.
    • The Clerk for any item below £150.

Such authority is to be evidenced by a Minute or by an authorisation slip duly signed by the Clerk, and where necessary also by the appropriate Chairman.

Contracts may not be disaggregated to avoid controls imposed by these regulations.

  • No expenditure may be authorised that will exceed the amount provided in the revenue budget for that class of expenditure other than by resolution of the council. During the budget year and with the approval of council having considered fully the implications for public services, unspent and available amounts may be moved to other budget headings or to an earmarked reserve as appropriate (‘virement’).
  • Unspent provisions in the revenue or capital budgets for completed projects shall not be carried forward to a subsequent year.
  • The salary budgets are to be reviewed at least annually in October for the following financial year and such review shall be evidenced by a hard copy schedule signed by the Clerk and the Chairman of Council or relevant committee. The RFO will inform committees of any changes impacting on their budget requirement for the coming year in good time.
  • In cases of extreme risk to the delivery of council services, the clerk/RFO may authorise revenue expenditure on behalf of the council which in the clerk/RFO’s judgement it is necessary to carry out. Such expenditure includes repair, replacement or other work, whether or not there is any budgetary provision for the expenditure, subject to a limit of £500. The Clerk shall report such action to the chairman as soon as possible and to the council as soon as practicable thereafter.
  • No expenditure shall be authorised in relation to any capital project and no contract entered into or tender accepted involving capital expenditure unless the council is satisfied that the necessary funds are available and the requisite borrowing approval has been obtained.
  • All capital works shall be administered in accordance with the council’s standing orders and financial regulations relating to contracts.
  • The RFO shall at least quarterly provide the council with a statement of receipts and payments to date under each head of the budgets, comparing actual expenditure to the appropriate date against that planned as shown in the budget or by projecting expenditure at year end against the budget at year end where appropriate. These statements are to be prepared at least at the end of each financial quarter and shall show explanations of material variances. For this purpose “material” shall be in excess of £100 or 15% of the budget.
  • Changes in earmarked reserves shall be approved by council as part of the budgetary control process.
  1. BANKING ARRANGEMENTS AND AUTHORISATION OF PAYMENTS
    • The council’s banking arrangements, including the bank mandate, shall be made by the RFO and approved by the council; banking arrangements may not be delegated to a committee. They shall be regularly reviewed for safety and efficiency. They shall be regularly reviewed for safety and efficiency.
    • The clerk/RFO shall prepare a schedule of payments requiring authorisation, forming part of the Agenda for the Meeting and, together with the relevant invoices, present the schedule to council at each meeting The council shall review the schedule for compliance and, having satisfied itself shall authorise payment by a resolution of the council. The approved schedule shall be ruled off and initialled by the Chairman of the Meeting. A detailed list of all payments shall be disclosed within or as an attachment to the minutes of the meeting at which payment was authorised. Personal payments (including salaries, wages, expenses and any payment made in relation to the termination of a contract of employment) may be summarised to remove public access to any personal information.
    • All invoices for payment shall be examined, verified and certified by the clerk/RFO to confirm that the work, goods or services to which each invoice relates has been received, carried out, examined and represents expenditure previously approved by the council.
    • The clerk/RFO shall examine invoices for arithmetical accuracy and analyse them to the appropriate expenditure heading. The clerk/RFO shall take all steps to pay all invoices submitted, and which are in order, at the next available council Meeting.
    • The Clerk/RFO shall have delegated authority to authorise the payment of items only in the following circumstances:
  1. a) If a payment is necessary to avoid a charge to interest under the Late Payment of Commercial Debts (Interest) Act 1998, and the due date for payment is before the next scheduled Meeting of council, where the Clerk/RFO certify that there is no dispute or other reason to delay payment, provided that a list of such payments shall be submitted to the next appropriate meeting of council;
  2. b) An expenditure item authorised under 5.6 below (continuing contracts and obligations) provided that a list of such payments shall be submitted to the next appropriate meeting of council; or
  3. c) fund transfers within the councils banking arrangements up to the sum of £2000, provided that a list of such payments shall be submitted to the next appropriate meeting of council.
  • For each financial year the Clerk /RFO shall draw up a list of due payments which arise on a regular basis as the result of a continuing contract, statutory duty, or obligation (such as but not exclusively) Salaries, PAYE and NI, Superannuation Fund and regular maintenance contracts and the like for which council may authorise payment for the year provided that the requirements of regulation 4.1 (Budgetary Controls) are adhered to, provided also that a list of such payments shall be submitted to the next appropriate meeting of council.
  • A record of regular payments made under 5.6 above shall be drawn up and be signed by two members on each and every occasion when payment is authorised – thus controlling the risk of duplicated payments being authorised and / or made.
  • Members are subject to the Code of Conduct that has been adopted by the council and shall comply with the Code and Standing Orders when a decision to authorise or instruct payment is made in respect of a matter in which they have a disclosable pecuniary or other interest, unless a dispensation has been granted.
  • The council will aim to rotate the duties of members in these Regulations so that onerous duties are shared out as evenly as possible over time.
  • Any changes in the recorded details of suppliers, such as bank account records, shall be approved in writing by two members when authorising payments.
  1. INSTRUCTIONS FOR THE MAKING OF PAYMENTS
    • The council will make safe and efficient arrangements for the making of its payments.
    • Following authorisation under Financial Regulation 5 above, the council or, if so delegated, the Clerk/RFO shall give instruction that a payment shall be made.
    • All payments shall be affected by cheque or by using an appropriate online service which allows at least dual authorisation, in accordance with a resolution of Council.
    • Cheques or orders for payment drawn on the bank account in accordance with the schedule as presented to council or committee shall be signed or electronically authorised by two members of council in accordance with a resolution instructing that payment. A member who is a bank signatory, having a connection by virtue of family or business relationships with the beneficiary of a payment, should not, under normal circumstances, be a signatory to the payment in question.

The procedure for making payments electronically using Unity Bank is shown in appendix 1.

In the event that the Clerk is unable to perform his/her duties through illness or other reason, the assistant clerk will provide the third signature to a cheque to allow payments to be made.

  • When paying by cheque, to indicate agreement of the details shown on the cheque or order for payment with the counterfoil and the invoice or similar documentation, the signatories shall each also initial the cheque counterfoil. Cheques will also be signed by either the clerk or assistant clerk to provide the third signature required.

When making payments electronically or by cheque, members must satisfy themselves that the payment details are correct. When authorising a payment, members are verifying that the payment correctly reflects the invoice, that the payment has appropriate Council approval and that the payment isn’t a duplicate. A councillor must not authorise an electronic payment otherwise.

  • Cheques or orders for payment shall not normally be presented for signature other than at a council or committee meeting (including immediately before or after such a meeting). Electronic authorisations shall be made as soon after the meeting as practically possible. Any signatures or authorisations obtained away from such meetings shall be reported to the council at the next convenient meeting.
  • If thought appropriate by the council, payment for certain items (principally Salaries) may be made by Banker’s Standing Order provided that the instructions are signed, or otherwise evidenced by two members are retained and any payments are reported to council as made. The approval of the use of a Banker’s Standing Order shall be renewed by resolution of the council at least every two years.
  • If thought appropriate by the council, payment for certain items may be made by BACS or CHAPS methods provided that the instructions for each payment are signed, or otherwise evidenced, by three authorised bank signatories are retained and any payments are reported to council as made. The approval of the use of BACS or CHAPS shall be renewed by resolution of the council at least every two years.
  • Regular back-up copies of the records on any computer shall be made.
  • The council, and any members using computers for the council’s financial business, shall ensure that anti-virus, anti-spyware and firewall, software with automatic updates, together with a high level of security, is used.
  • Any Debit or Credit Card issued for use will be specifically restricted to the Clerk and will also be restricted to a single transaction maximum value of £500 and a limit of £500 a month. All payments over £150 should be approved by two members before the payment is made. (An exception is the Clerk’s use of emergency powers). Payments under £150 can be made by the Clerk and reported to the next Full Council meeting.
  • The council will not maintain any form of cash float. All cash received must be banked intact. Any payments made in cash by the Clerk/RFO (for example for postage or minor stationery items) shall be refunded on a regular basis, at least quarterly.
  1. PAYMENT OF SALARIES
    • As an employer, the council shall make arrangements to meet fully the statutory requirements placed on all employers by PAYE and National Insurance legislation. The payment of all salaries shall be made in accordance with payroll records and the rules of PAYE and National Insurance currently operating, and salary rates shall be as agreed by council, or duly delegated committee.
    • Payment of salaries and payment of deductions from salary such as may be required to be made for tax, national insurance and pension contributions, or similar statutory or discretionary deductions must be made in accordance with the payroll records and on the appropriate dates stipulated in employment contracts, provided that each payment is reported to the next available council meeting, as set out in these regulations above.
    • No changes shall be made to any employee’s pay, emoluments, or terms and conditions of employment without the prior consent of the council.
    • An effective system of personal performance management should be maintained for staff members.
    • Before employing interim staff, the council must consider a full business case.
  2. LOANS AND INVESTMENTS
    • All borrowings shall be effected in the name of the council, after obtaining any necessary borrowing approval. Any application for borrowing approval shall be approved by Council as to terms and purpose. The application for Borrowing Approval, and subsequent arrangements for the Loan shall only be approved by full council.
    • The council will arrange with the council’s Banks and Investment providers for the sending of a copy of each statement of account to the Chairman of the council at the same time as one is issued to the Clerk/RFO.
    • All loans and investments shall be negotiated in the name of the Council and shall be for a set period in accordance with council policy.
    • The council shall consider the need for an Investment Strategy and Policy which, if drawn up, shall be in accordance with relevant regulations, proper practices and guidance. Any Strategy and Policy shall be reviewed by the council at least annually.
    • All investments of money under the control of the council shall be in the name of the council.
    • All investment certificates and other documents relating thereto shall be retained in the custody of the clerk/RFO.
    • Payments in respect of short term or long-term investments, including transfers between bank accounts held in the same bank, or branch, shall be made in accordance with Regulation 5 (Authorisation of payments) and Regulation 6 (Instructions for payments).
  3. INCOME
    • The collection of all sums due to the council shall be the responsibility of and under the supervision of the clerk/RFO.
    • Particulars of all charges to be made for work done, services rendered or goods supplied shall be agreed annually by the council, notified to the clerk/RFO and the clerk/RFO shall be responsible for the collection of all accounts due to the council.
    • The council will review all fees and charges at least annually, following a report of the Clerk/RFO.
    • Any sums found to be irrecoverable and any bad debts shall be reported to the council and shall be written off in the year.
    • All sums received on behalf of the council shall be banked intact as directed by the clerk/RFO. In all cases, all receipts shall be deposited with the council’s bankers with such frequency as the clerk/RFO considers necessary.
    • The origin of each receipt shall be entered on the paying-in slip.
    • Personal cheques shall not be cashed out of money held on behalf of the council.
    • The clerk/RFO shall promptly complete any VAT Return that is required. Any repayment claim due in accordance with VAT Act 1994 section 33 shall be made at least annually coinciding with the financial year end.
    • Where any significant sums of cash are regularly received by the council, the clerk/RFO shall take such steps as are agreed by the council to ensure that more than one person is present when the cash is counted in the first instance, that there is a reconciliation to some form of control such as ticket issues, and that appropriate care is taken in the security and safety of individuals banking such cash.
  4. ORDERS FOR WORK, GOODS AND SERVICES
    • An official order or letter shall be issued for all work, goods and services unless a formal contract is to be prepared or an official order would be inappropriate. Copies of orders shall be retained.
    • Order books shall be controlled by the RFO.
    • All members and Officers are responsible for obtaining value for money at all times. An officer issuing an official order shall ensure as far as reasonable and practicable that the best available terms are obtained in respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate suppliers, subject to any de minimis provisions in Regulation 11 (I) below.
    • A member may not issue an official order or make any contract on behalf of the council.
    • The clerk/RFO shall verify the lawful nature of any proposed purchase before the issue of any order, and in the case of new or infrequent purchases or payments, the RFO shall ensure that the statutory authority shall be reported to the meeting at which the order is approved so that the Minutes can record the power being used.
  5. CONTRACTS
    • Procedures as to contracts are laid down as follows:
      1. Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise than in an emergency provided that this regulation need not apply to contracts which relate to items (i) to (vi) below:
        1. for the supply of gas, electricity, water, sewerage and telephone services;
        2. for specialist services such as are provided by solicitors, accountants, surveyors and planning consultants;
  • for work to be executed or goods or materials to be supplied which consist of repairs to or parts for existing machinery or equipment or plant;
  1. for work to be executed or goods or materials to be supplied which constitute an extension of an existing contract by the Council;
  2. for additional audit work of the external Auditor up to an estimated value of £500 (in excess of this sum the Clerk and RFO shall act after consultation with the Chairman and Vice Chairman of council); and
  3. for goods or materials proposed to be purchased which are proprietary articles and / or are only sold at a fixed price.
  1. Where it is intended to enter into a contract exceeding £25,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the Clerk/RFO shall invite tenders from at least three firms to be taken from the appropriate approved list. The Council will follow the requirements of the Public Contracts Regulations 2015 regarding the use of the Contract Finder website and other light touch rules described within these regulations.
  2. When applications are made to waive financial regulations relating to contracts to enable a price to be negotiated without competition the reason shall be embodied in a recommendation to the council.
  3. Such invitation to tender shall state the general nature of the intended contract and the Clerk/RFO shall obtain the necessary technical assistance to prepare a specification in appropriate cases. The invitation shall in addition state that tenders must be addressed to the Clerk/RFO in the ordinary course of post. Each tendering firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain sealed until the prescribed date for opening tenders for that contract.
  4. All sealed tenders shall be opened at the same time on the prescribed date by the clerk/RFO in the presence of at least one member of council.
  5. If less than three tenders are received for contracts above £25,000 or if all the tenders are identical the council may make such arrangements as it thinks fit for procuring the goods or materials or executing the works.
  6. Any invitation to tender issued under this regulation shall be subject to any relevant clauses in the Standing Orders and shall refer to the terms of the Bribery Act 2010.
  7. When it is to enter into a contract of less than £25,000 in value for the supply of goods or materials or for the execution of works or specialist services other than such goods, materials, works or specialist services as are excepted as set out in paragraph (a) the clerk/RFO shall obtain 3 quotations (priced descriptions of the proposed supply); where the value is below £3,000 and above £150 the RFO shall strive to obtain 3 quotes or estimates. Otherwise, Regulation 10 (3) above shall apply.
  8. The council shall not be obliged to accept the lowest or any tender, quote or estimate.
  9. Should it occur that the council, or duly delegated committee, does not accept any tender, quote or estimate, the work is not allocated and the council requires further pricing, provided that the specification does not change, no person shall be permitted to submit a later tender, estimate or quote who was present when the original decision making process was being undertaken.
  10. The European Union Procurement Directive shall apply and the terms of the Public Contracts Regulations 2015 and the Utilities Contracts Regulations 2016 including thresholds shall be followed.
  1. PAYMENTS UNDER CONTRACTS FOR BUILDING OR OTHER CONSTRUCTION WORKS
    • Payments on account of the contract sum shall be made within the time specified in the contract by the Clerk/RFO upon authorised certificates of the architect or other consultants engaged to supervise the contract (subject to any percentage withholding as may be agreed in the particular contract).
    • Where contracts provide for payment by instalments the Clerk/RFO shall maintain a record of all such payments. In any case where it is estimated that the total cost of work carried out under a contract, excluding agreed variations, will exceed the contract sum of 5% or more a report shall be submitted to the council.
    • Any variation to a contract or addition to or omission from a contract must be approved by the council and Clerk/RFO to the contractor in writing, the council being informed where the final cost is likely to exceed the financial provision.
  2. STORES AND EQUIPMENT
    • The Council does not have a stores or equipment as such. The clerk/RFO and assistant clerk are allowed to maintain a small stock of stationery (no greater than £100 in value in total combined cost) at their homes as required. All purchases of stationary are presented to the Council for approval before reimbursement to the clerk.
  3. ASSETS, PROPERTIES AND ESTATES
    • The RFO shall make appropriate arrangements for the custody of all title deeds and Land Registry Certificates of properties held by the council. The RFO shall ensure a record is maintained of all properties held by the council, recording the location, extent, plan, reference, purchase details, nature of the interest, tenancies granted, rents payable and purpose for which held in accordance with Accounts and Audit Regulations.
    • No tangible moveable property shall be purchased or otherwise acquired, sold, leased or otherwise disposed of, without the authority of the council, together with any other consents required by law, save where the estimated value of any one item of tangible movable property does not exceed £50.00.
    • No real property (interests in land) shall be sold, leased or otherwise disposed of without the authority of the council, together with any other consents required by law, In each case, a Report in writing shall be provided to council in respect of valuation and surveyed condition of the property (including matters such as planning permissions and covenants) together with a proper business case (including an adequate level of consultation with the electorate).
    • No real property (interests in land) shall be purchased or acquired without the authority of the full council. In each case a Report in writing shall be provided to council in respect of valuation and surveyed condition of the property (including matters such as planning permissions and covenants) together with a proper business case (including an adequate level of consultation with the electorate).
    • Subject only to the limit set in Reg. 14.2 above, no tangible moveable property shall be purchased or acquired without the authority of the full council. In each case a Report in writing shall be provided to council with a full business case.
    • The Clerk/RFO shall ensure that an appropriate and accurate Register of Assets and Investments is kept up to date. The continued existence of tangible assets shown in the Register shall be verified at least annually, in conjunction with a health and safety inspection of assets.
  1. INSURANCE
    • Following the annual risk assessment (per Financial Regulation 16), the clerk/RFO shall effect all insurances and negotiate all claims on the council’s insurers.
    • The clerk/RFO shall keep a record of all insurances effected by the council and the property and risks covered thereby and annually review it.
    • The clerk/RFO shall be notified of any loss liability or damage or of any event likely to lead to a claim and shall report these to council at the next available meeting.
    • All appropriate members and employees of the council shall be included in a suitable form of security or fidelity guarantee insurance which shall cover the maximum risk exposure as determined by the council.
  2. RISK MANAGEMENT
      • The council is responsible for putting in place arrangements for the management of risk. The Clerk/RFO shall prepare, for approval by the council, risk management policy statements in respect of all activities of the council. Risk policy statements and consequential risk management arrangements shall be reviewed by the council at least annually.
      • When considering any new activity, the Clerk/RFO shall prepare a draft risk assessment including risk management proposals for consideration and adoption by the council.
  3. SUSPENSION AND REVISION OF FINANCIAL REGULATIONS
    • It shall be the duty of the council to review the Financial Regulations of the council at least annually. The Clerk/RFO shall make arrangements to monitor changes in legislation or proper practices and shall advise the council of any requirement for a consequential amendment to these financial regulations.
    • The council may, by resolution of the council duly notified prior to the relevant meeting of council, suspend any part of these Financial Regulations provided that reasons for the suspension are recorded and that an assessment of the risks arising has been drawn up and presented in advance to all members of council.

Appendix 1 – Procedure for making online payments using Unity Bank.

Online Banking Users

The Town Council in taking advantage of online banking shall establish three classes of user: Payments are made from a Unity Bank Account to which the following applies:

Officers and designated staff

The Clerk will be the system administrator. The Clerk and any other staff designated by resolution of the Council will be able to view accounts and input payments. Officers and staff will not be given authority to authorise payments.

Members of the Council

Members of the Council, approved by resolution of the Council, will be given access to view accounts and the authorise payments. No member will have authorisation to input payments.

The online banking system will stipulate that two member authorisations are required before a payment will be released.

Making Online Payments

The RFO shall prepare a schedule of payments to be made in accordance with regulation 5.2

Following approval, the RFO shall create payments within the council’s banking system ready for member authorisation.

The RFO shall provide members approving payments with a schedule of payments and with copies of the invoices for reference when authorising payments. Two users shall authorise payments for release. No payment shall be released without two users having authorised the payment.

Queries by members relating to a payment should be directed to the RFO for further explanation.

A member must not authorise a payment without either:

  • Having compared the payment details with an approved and signed schedule which has already been checked against invoices.
  • Having sight of copies of the invoices with which to check payment details are correct. Evidence of this will be either by initialling the invoices or an email verification to the RFO.
  • Having evidence of sort code and account number of new suppliers or of any change in details of suppliers.