Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 CARE QUALITY COMMISSION Standing Financial Instructions 1 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Standing Financial Instructions Page FOREWORD 6 1. 1.1 1.2 1.3 INTRODUCTION General Terminology Responsibilities and delegation 7 7 7 9 2. 2.1 2.2 2.3 2.4 2.5 AUDIT Audit and Risk Assurance Committee Director of Governance and Legal Services Role of Internal Audit External Audit Fraud and corruption 14 14 14 15 16 16 3. RESOURCE AND CASH LIMIT CONTROL 18 4. 19 4.1 4.2 4.3 4.4 4.5 4.6 ALLOCATIONS, PLANNING, BUDGETS, BUDGETARY CONTROL, AND MONITORING Oversight of allocations Preparation and Approval of Business Plans and Budgets Budgetary Delegation Budget Control and Reporting Virement and Transfer Capital Expenditure 5. ANNUAL ACCOUNTS AND REPORTS 23 6. 6.1 6.2 6.3 BANK ACCOUNTS General Bank Accounts Banking Procedures 24 24 24 24 7. 7.1 7.2 7.3 7.4 7.5 INCOME, FEES AND CHARGES AND SECURITY OF CASH 19 CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Income Systems Fees and Charges Income fromNon-Regulated Services Debt Recovery Security of Cash, Cheques and other Negotiable Instruments 26 26 26 26 26 27 8. 8.1 TENDERING AND CONTRACTING PROCEDURE Duty to comply with Board Standing Orders and Standing 2 of 76 20130313 SFIs v6 19 19 20 20 21 22 28 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 9. 9.1 9.2 9.3 9.4 9.5 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Financial Instructions 28 EU Directives Governing Public Procurement 28 Reverse eAuctions 28 Capital Investment Manual and other Department of Health Guidance on Estate 28 Formal Competitive Tendering 28 Compliance requirements for all contracts 28 Government Procurement and Efficiency Controls 29 Single Tender Actions 30 Extension of contracts 30 TERMS OF SERVICE AND PAYMENT OF COMMISSIONERS, OF DIRECTORS AND EMPLOYERS Remuneration Committee Funded Establishment Employee Appointments Processing of Payroll Contract of Employment 31 31 31 31 31 33 10. NON-PAY EXPENDITURE 34 10.1 Delegation of Authority 34 10.2. Choice, Requisitioning, Ordering, Receipt and Payment for Goods 34 and Services 11. INVESTMENTS 38 12. FINANCIAL FRAMEWORK 39 13. 40 13.1 13.2 13.3 13.4 CAPITAL INVESTMENT, PRIVATE FINANCING, FIXED ASSET REGISTERS AND SECURITY OF ASSETS Capital Investment Asset Registers Security of Assets and Fixed Assets Depreciation of fixed assets 14. STORES AND RECEIPT OF GOODS 45 15. 15.1 15.2 DISPOSALS AND CONDEMNATIONS, LOSSES AND SPECIAL 46 PAYMENTS Disposals and Condemnations 46 Losses and Special Payments 46 16. INFORMATION TECHNOLOGY 48 17. STANDARDS OF BUSINESS CONDUCT 50 3 of 76 20130313 SFIs v6 40 41 42 43 17.1 17.2 17.3 17.4 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Guiding Principles on the Conduct of Public Business 50 Contact with Contractors and Suppliers 50 Avoiding Favouritism 51 Warning to Contractors 51 18. RETENTION OF RECORDS 52 19. 19.1 19.2 19.3 19.4 19.5 19.6 RISK MANAGEMENT AND INSURANCE Identification and management of risk Insurance arrangements Duty to take due care Incidents and events giving rise to possible claims Reporting of risks and claims Accountability for risk management 53 53 53 54 54 54 55 4 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 APPENDICES: Page Appendix A - Arms Length Bodies (ALBs) Guidance On Losses And Special Payments 56 Appendix B - Special Payments Requirements Form 61 Appendix C - DH delegations to CQC 64 Appendix D - Delegated Procurement Limits 67 5 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 FOREWORD The “Directions on Financial Management in England” issued under HSG(96)12 in 1996 require that each Board adopts Standing Financial Instructions which set out the responsibilities of key individuals and structures. The Standing Financial Instructions form part of the CQC Board’s statutory framework including Board Standing Orders and a Scheme of Delegation. Along with more detailed procedural notes which are published on the CQC intranet, these arrangements collectively cover all aspects of financial management and control and set the business rules and protocols within which Commissioners, Directors and employees must work when taking action on behalf of the CQC Board. Version Control The Standing Financial Instructions will be reviewed annually. The review will be co-ordinated by the Head of Governance in consultation with relevant Heads of Function. A designated person in each team should be responsible for logging any changes needed to the Standing Financial Instructions. Any in-year changes should be submitted to the Head of Governance who will forward either to the Board or to the Chief Executive for approval. March 2013 6 of 76 20130313 SFIs v6 1. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 INTRODUCTION 1.1 General 1.1.1 These Standing Financial Instructions are issued in accordance with the Financial Directions issued by the Secretary of State under the provisions of the Health and Social Care Act 2008 for the regulation of the conduct of the Care Quality Commission in relation to all financial matters. They have effect as part of the Standing Orders of the Board of the Care Quality Commission. 1.1.2 These Standing Financial Instructions explain the financial responsibilities, policies and procedures to be adopted by the Commission. They are designed to ensure that its financial transactions are carried out in accordance with the law and Government policy in order to achieve integrity, accuracy, value for money, efficiency and effectiveness. 1.1.3 These Standing Financial Instructions provide general guidance. For detailed procedural advice, they must be read in conjunction with: “Managing Public Money” – HM Treasury’s guidance manual (October 2007) HM Treasury’s Government Financial Reporting Manual CQC Procurement Policy and Guidance The Civil Service Management Code Other financial procedure notes approved by the Director of Finance and Corporate Services. 1.1.4 Should any difficulties arise regarding the interpretation or application of any of the Standing Financial Instructions, the advice of the Director of Finance and Corporate Services must be sought before any action is taken. 1.1.5 The failure to comply with the Standing Financial Instructions and Board Standing Orders can in certain circumstances be regarded as a disciplinary matter that could result in dismissal. 1.2 Terminology 1.2.1 Any expression must have the same meaning in these instructions: “Accounting Officer” is the Officer responsible and accountable for funds entrusted to the Commission. This person is responsible for ensuring the proper stewardship of public funds and assets. At CQC, the Chief Executive is the Accounting Officer. 7 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 “Board” means the Care Quality Commission, which consists of a Chair and up to twelve Members, both Executive and Non-Executive, appointed by the Secretary of State for Health. The majority of the Board must be Non-Executive Members. “Board Member” means any person appointed as a Member of the CQC Board. Also called a Commissioner. “Budget” means a resource, expressed in financial terms, for the purpose of carrying out, for a specific period, any or all of the functions of the Commission. “Budget Holder” means the person with delegated authority to manage the budget for a specific area of the organisation. “Chief Executive” means the chief officer of the Commission. “Commission” means the Care Quality Commission. “Directors” are the most senior employees in CQC, accountable directly to the Chief Executive, and with responsibility for a significant range of business. “Director of Finance and Corporate Services” means the Chief Financial Officer of the Commission. “Legal Adviser” means a properly qualified person appointed by the Commission to provide legal advice. “Employee means any person who is a member of staff of the Commission ultimately accountable to the Chief Executive. This includes persons employed by the Department of Health but seconded to work within the Commission’s staff structure and, where appropriate, includes the Chief Executive. 1.2.2 Wherever the title Chief Executive, Director of Finance and Corporate Services, or other nominated employee is used in these instructions, it must be deemed to include such other Director or employee who has been duly authorised in writing to represent them. 1.2.3 Wherever the term “employee” is used it must be deemed to include employees of third parties contracted to the Commission when acting on behalf of the Commission. 8 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 1.3 Responsibilities and delegation The Board 1.3.1 The Board exercises financial supervision and control by: (a) Formulating the financial strategy to deliver the strategic objectives of CQC (b) Requiring the submission of budgets within approved allocations/overall income for its approval (c) Defining and approving essential features in respect of important procedures and financial systems (including the need to obtain value for money) (d) Defining specific responsibilities placed on Commissioners and employees as indicated in the Scheme of Delegation document. 1.3.2 The Board must only enter into contracts on behalf of the Commission within the statutory powers delegated to it by the Secretary of State, complying with relevant directions and the Board’s own Standing Orders. Accounting Officer 1.3.3 The Chief Executive has been appointed by the Principal Accounting Officer in Department of Health as the Accounting Officer for CQC and for Healthwatch England. The responsibilities delegated to the Accounting Officer are set out in the DH/CQC Framework Agreement (especially Annex B), including his responsibilities for following the principles and rules set out in HM Treasury’s guidance, Managing Public Money. The Accounting Officer may be required to give evidence, normally with the Department’s Accounting Officer, when summoned before the PAC on the Commission’s stewardship of public funds. 1.3.4 The essence of the role of the Accounting Officer is a personal responsibility for the propriety and regularity of the public finances of CQC, and for ensuring that its resources are used economically, efficiently and effectively. The Accounting Officer is expected to sign CQC’s accounts, the annual report and the Governance Statement, taking personal responsibility for ensuring they are prepared in accordance with the Department of Health’s instructions. With regards to regularity and propriety, the Accounting Officer is expected to ensure that all actions 9 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 relating to the stewardship of public funds can withstand the test of Parliamentary and public scrutiny. 1.3.5 The Accounting Officer is expected to ensure that: appropriate financial systems are in place and applied and that procedures and controls are reviewed regularly so that they remain relevant and reliable, especially during times of change; proper financial procedures are followed and that accounting records are maintained in the form prescribed by the Department for its group accounts CQC’s annual accounts (and if required by the Secretary of State, any interim accounts) are submitted to the C&AG for audit as soon as reasonably practicable after the year end and any records are made available for scrutiny by the Comptroller and Auditor General CQC’s accounts, and any report prepared by the Comptroller and Auditor General in relation to those accounts, are laid before Parliament within the timetable specified. CQC remains within its cash limits, seeks approval of any expenditure outside normal delegations, respects agreed budgets and avoids unaffordable longer term commitments, taking a proportionate view about other demands for resources CQC’s efficiency in the use of resources is tracked and recorded public funds allocated to CQC including HWE are properly managed and safeguarded, and that assets for which CQC is responsible such as land, buildings or other property are also controlled and safeguarded in considering policy proposals relating to the resources for which the Accounting Officer is responsible all relevant financial considerations including issues of propriety, regularity or value for money and risk are taken into account in making a decision delegation of responsibility is accompanied by clear lines of control and accountability together with reporting arrangements effective management systems appropriate for the achievement of CQC’s objectives including financial monitoring and control systems have been put in place 10 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 risks whether to achievement of CQC’s objectives, regularity, propriety or value for money are identified, that their significance is assessed and that systems appropriate to the risks are in place in all relevant areas to manage them Managing opportunity and risk to achieve the right balance commensurate with the organisation’s business and risk appetite arrangements are in place to secure value for money, ensuring the organisation’s procurement, projects and processes are systematically evaluated and assessed to provide confidence about suitability, effectiveness, prudence, quality, good value and avoidance of error and waste and compliant with EU Procurement Directives 2009. the selection and appraisal of programmes and projects, using the Treasury’s Green Book to evaluate alternatives and good quality project and programme management techniques to track and adjust progress. Delegations 1.3.6 The Chief Executive may delegate his responsibilities, but remains accountable for the effectiveness of CQC’s financial control. 1.3.7 Within the Standing Financial Instructions, the Chief Executive is ultimately accountable to the Board, and as Accounting Officer, to the Principal Accounting Officer (the Permanent Secretary) and to the Secretary of State, for ensuring that the Commission meets its duty to perform its functions within the available financial resources. The Chief Executive has overall executive responsibility for the Commission’s activities; is responsible to the Chairman and the Board for ensuring that its financial obligations and targets are met and has overall responsibility for the Commission’s system of internal control. 1.3.8 It is the duty of the Chief Executive to ensure that Commissioners of the Board and all employees are notified of, and understand, their responsibilities within these Instructions. The Chief Executive delegates this responsibility to the Director of Finance and Corporate Services and the Head of Governance. 1.3.9 The Director of Finance and Corporate Services is the chief financial officer for CQC and has been given responsibility by the Accounting Officer for: (a) Implementing the Commission’s financial policies and ensuring these are kept up to date 11 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 (b) Maintaining an effective system of internal financial control including ensuring that detailed financial procedures and systems incorporating the principles of separation of duties and internal checks are in place, documented and maintained to supplement these instructions (c) Ensuring that sufficient records are kept to show and explain the Commission’s transactions, in order to disclose, with reasonable accuracy, the financial position of the Commission at any time (d) Providing professional leadership to the finance function, ensuring appropriate training and continued development of the finance function. 1.3.10 Without prejudice to any other functions of the Commission, and employees of the Commission, the duties of the Director of Finance and Corporate Services include: (a) The provision of financial advice to Commissioners and employees (b) The design, implementation and supervision of systems of internal financial control (c) The preparation and maintenance of such accounts, certificates, estimates, records and reports as the Commission may require for the purpose of carrying out its statutory duties. Commissioners and Employees 1.3.11 All Commissioners and employees, severally and collectively, are responsible for: (a) The security of the property of the Commission (b) Avoiding loss (c) Exercising economy and efficiency in the use of resources and ensuring value for money when entering into transactions (d) Conforming with the requirements of Board Standing Orders, Standing Financial Instructions, the Scheme of Delegation and other financial procedures. Contractors and their employees 1.3.12 Any contractor or employee of a contractor who is empowered by the 12 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Commission to commit the Commission to expenditure or who is authorised to obtain income must be covered by these instructions. It is the responsibility of the Director of Finance and Corporate Services to ensure that such persons are made aware of this. 1.3.13 For all Commissioners and any employees who carry out a financial function, the form in which financial records are kept and the manner in which Commissioners and employees discharge their duties must be to the satisfaction of the Director of Finance and Corporate Services. 13 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 2. AUDIT 2.1 Audit and Risk Assurance Committee 2.1.1 For detailed information on the Audit and Risk Assurance Committee’s role and responsibilities, please refer to the Audit and Risk Assurance Committee Terms of Reference (available on the CQC intranet). 2.2 Director of Governance and Legal Services 2.2.1 The Director of Governance and Legal Services is responsible for (a) Ensuring there are adequate arrangements in place to review, evaluate and report on the effectiveness of internal financial control including the establishment of an effective Internal Audit function (b) Ensuring that the Internal Audit is adequate and meets the mandatory audit standards (c) Deciding at what stage to involve the police in cases of misappropriation and other irregularities not involving fraud or corruption. In cases when these irregularities do involve fraud and corruption, the CQC Counter Fraud Policy must be referred to for detailed guidance on the appropriate course of action. (d) Ensuring that an annual internal audit report is prepared for the consideration of the Audit and Risk Assurance Committee. The report must cover: (i) A clear opinion on the effectiveness of internal control in accordance with current guidance issued by Government on the assurance framework including, for example, compliance with control criteria and standards (ii) Major internal financial control weaknesses discovered (iii) Progress on the implementation of internal audit recommendations (iv) Progress against the current internal audit plan (v) A detailed internal audit plan for the coming year (vi) Strategic audit plan covering the coming three years. 14 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 2.2.2 The Director of Governance and Legal Services or designated auditors are entitled without necessarily giving prior notice to ask for and receive: (a) Access to all records, documents and correspondence relating to any financial or other relevant transactions, including documents of a confidential nature (b) Access at all reasonable times to any land, premises, Commissioners or employees of the Commission (c) Any cash, stores or other property of the Commission under a Commissioner or an employee's control (d) Explanations concerning any matter under investigation. 2.3 Role of Head of Internal Audit 2.3.1 The Head of Internal Audit (HIA) will review, appraise and report upon: (a) The extent of compliance with relevant established policies, plans and procedures (b) The adequacy and application of financial and other related management controls (c) The suitability of financial and other related management data (d) The extent to which the Commission’s assets and interests are accounted for and safeguarded from loss of any kind, arising from: (i) Fraud and other offences (ii) Waste, extravagance, inefficient administration (iii) Poor value for money or other causes (e) The assurance framework and the controls that support the Accounting Officer’s Governance Statement included in the Commission’s Annual Accounts 2.3.2 The Head of Internal Audit will agree an audit plan with the Director of Governance and Legal Services, for agreement by the Chief Executive, and will present it to the Audit and Risk Assurance Committee for approval. The HIA will issue a progress report on the audit plan at regular intervals for review by the Audit and Risk Assurance Committee 2.3.3 Whenever any matter arises which involves, or is thought to involve, 15 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 irregularities concerning cash, stores, or other property or any suspected irregularity in the exercise of any function of monetary nature, the Director of Governance and Legal Services must be notified immediately by the HIA. 2.3.4 The Head of Internal Audit will normally attend Audit and Risk Assurance Committee meetings and has a right of access to all Audit and Risk Assurance Committee members, the ARAC Chair and the Chief Executive. 2.3.5 The Head of Internal Audit must be accountable to the Director of Governance and Legal Services. The Head of Internal Audit can, however, raise any concerns with the Chief Executive as Accounting Officer in order to maintain independence of the internal audit function. The reporting system for internal audit must be agreed between the Chief Executive, the Director of Governance and Legal Services, the Audit and Risk Assurance Committee and the Head of Internal Audit. The agreement must be in writing and must comply with the guidance on reporting contained in the Internal Audit Standards. The reporting system must be reviewed at least every three years. 2.3.6 The Head of Internal Audit will have annual ‘closed’ meetings with the members of the Audit and Risk Assurance Committee to review performance and consider further learning points from internal audit findings and audit process 2.4 External Audit 2.4.1 The Comptroller and Auditor General has appointed the National Audit Office and Deloittes as CQC’s external auditor. The Audit and Risk Assurance Committee is responsible for ensuring that the external auditors deliver a cost effective service to CQC. If there are any problems relating to the service provided by the External Auditor, the Director of Finance and Corporate Services must raise this with the External Auditor in the first instance and refer it to the Audit and Risk Assurance Committee if unresolved. 2.4.2 The External Auditor is invited to attend Audit and Risk Assurance Committee and other committee meetings. 2.5 Fraud and Corruption 2.5.1 The Chief Executive as Accounting Officer has overall responsibility for ensuring that there are sound systems of internal control (e.g. procedures, guidance notes and effective supervision) to minimise the opportunities for 16 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 fraud and corruption within the day-to-day business of the CQC and its contractors. 2.5.2 The Chief Executive has delegated to the Director of Governance and Legal Services the responsibility for complying with HM Treasury’s requirements in 'Tackling Internal Fraud', published January 2011 and also in the CQC Counter-Fraud Policy, including maintaining the policy, strategy and practices for dealing with the prevention, detection and resolution of fraud and corruption within the CQC 2.5.3 In the event of a fraud being detected, the Director of Governance and Legal Services must nominate a suitable person to carry out the duties of a fraud investigator as specified by CQC’s Fraud Policy (available on the CQC intranet). 2.5.4 The fraud investigator must report to the Fraud Response Group, which is chaired by the Director of Governance and Legal Services. 2.5.5 The Director of Governance and Legal Services will provide a written report, at least annually, on counter fraud work within the Commission for submission to the Audit and Risk Assurance Committee. 17 of 76 20130313 SFIs v6 3. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 RESOURCE AND CASH LIMIT CONTROL 3.1 Unless otherwise agreed, the Commission will be given an annual Revenue Resource, Capital Resource and Cash Limit allocation from the Department of Health. The Commission is required by statutory provisions not to exceed its cash limit. As Accounting Officer, the Chief Executive has overall executive responsibility for the Commission's activities and is responsible to the Principal Accounting Officer and to Parliament for ensuring that the Commission stays within its cash limit. 3.2 The definition of cash limits is set out in the Directions on Financial Management in England. 3.3 Any sums received on behalf of the Secretary of State are treated as sums received by the Commission, except where these are earmarked specifically to Healthwatch England. 3.4 On behalf of the Accounting Officer, the Director of Finance and Corporate Services will: Provide reports in the form required by the Secretary of State and requested by the Department of Health Ensure expenditure approved against the Cash Limit is actioned only at the time of need Be responsible for ensuring that an adequate system of monitoring financial performance is in place to enable the Commission to fulfil its statutory responsibility not to exceed its separately identified limits. 3.5 Cash flow performance and projections will be monitored monthly by the Head of Finance. 18 of 76 20130313 SFIs v6 4. 4.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 ALLOCATIONS, PLANNING, BUDGETS, BUDGETARY CONTROL, AND MONITORING Oversight of allocations 4.1.1 As Accounting Officer, the Chief Executive Officer requires the Director of Finance and Corporate Services to manage and control the budget on his behalf, including 4.2 ensuring that the basis and assumptions used for distributing allocations are reviewed periodically, that these are reasonable and realistic and secure the Commission’s entitlement to funds prior to the start of each financial year submitting to the Board for approval a report showing the total allocations received and their proposed distribution regularly updating the Board on changes to the initial allocation and the uses of such funds drawing attention to any significant variations, associated risks and any mitigating action, which may be necessary highlighting any issues and risks to the DH at the earliest opportunity. Preparation and Approval of Business Plans and Budgets 4.2.1 The Chief Executive will oversee the development of a three year strategy with a three year financial plan which is submitted to the Board for approval. It should be updated annually as part of the business planning and budgeting process. 4.2.2 The Head of Planning & Performance, on behalf of the Chief Executive, will compile and submit to the Board an annual business plan which takes into account financial targets and forecast of available resources. The annual business plans will contain: a statement of the significant assumptions on which the plan is based details of workload, delivery services and resources required to achieve the plan. 4.2.3 Prior to the start of the financial year the Head of Finance will, on behalf of the Chief Executive and the Director of Finance and Corporate Services, prepare and submit budgets for approval by the Board. Such budgets will: be in accordance with the aims and objectives set out in the Annual 19 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Business Plan 4.3 accord with workload and manpower plans be produced following discussion and agreement with appropriate Budget Holders be prepared within the limits of available funds have proper regard to the expected availability of funds identify potential risks Budgetary Delegation 4.3.1 On behalf of the Chief Executive, the Director of Finance and Corporate Services delegates budgets to Budget Holders, who are currently Directors and Heads of Function, to permit the performance of a defined range of activities. Each delegation is made to a particular cost centre. The delegation must be in writing and clearly define the responsibilities of the post and of any other person who will contribute to the management of the budget delegated to them. 4.4 Budget Control and Reporting 4.4.1 The Head of Finance and his/her staff are responsible for: ensuring that financial control arrangements are in place for each budget which will discharge the responsibility of Budget Holders and their staff acting on behalf of the Budget Holder to report on their budgets and related performance and procedures ensuring and reporting on compliance with the Commission’s policies and procedures so as to enable the Director of Finance and Corporate Services to provide assurance to the Board monitoring financial performance on a monthly basis against budget and business plan, regularly reviewing them and enabling the Director of Finance and Corporate Services to report to the Board. ensuring that adequate training is delivered on an ongoing basis to Budget Holders to help them manage their budgets successfully. 20 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 4.4.2 The Director of Finance and Corporate Services will ensure that the Board is informed of any changes to the initial allocation of budget and use of funds, drawing the Board’s attention to significant variations, associated risks and mitigating actions required. 4.4.3 Budgets will be profiled in cost centres according to when the expenditure is expected to be incurred (ie on a Resource basis). Expenditure will be profiled against the relevant cost codes to provide information on types of costs being incurred. Re-profiling will only take place when there are confirmed changes to budgets. 4.4.4 All Budget holders must provide information as required by the Head of Finance to enable budgets to be compiled, maintained and monitored. 4.4.5 Budget Holders must ensure full compliance with correct financial procedures, and in particular:a) require the maintenance of records of expenditure, including all budget commitments; all orders; all goods received notes; and expenditure against each order, as required by the Head of Finance, b) ensure that the records of expenditure are available for inspection at all times by the Head of Finance and his/her nominated representatives, c) seek appropriate internal financial, commercial, legal or other relevant advice in order to ensure that the budget is effectively managed, and d) ensure that the amount provided in the approved budget is not used in whole or in part for any purpose other than specifically authorised subject to the rules of virement. 4.4.6 The Head of Finance will devise and maintain systems of budgetary control. These will include: quarterly financial reports to the Board in a form approved by the Board, including a comparison of the approved budget with emerging expenditure and income the availability of timely, accurate and comprehensible advice and financial reports to each budget holder on a monthly basis, covering the areas for which they are responsible investigation and reporting of variances from financial, workload and manpower budgets 21 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 monitoring of management action to correct variances arrangements for the authorisation of budget transfers 4.4.7 Each Budget Holder is responsible for ensuring that: any likely overspending or reduction of income which cannot be met by virement is not incurred without the prior consent of the Head of Finance and sign-off by the Chief Executive the amount provided in the approved budget is not used in whole or in part for any purpose other than specifically authorised subject to the rules of virement no permanent employees are appointed without the approval of the Recruitment and Establishment Controls Committee other than those provided for in the budgeted establishment as approved by the Board and the Chief Executive. 4.4.8 The Director of Finance & Corporate Services and the Head of Finance are responsible for identifying and implementing cost improvements and income generation initiatives in accordance with the requirements of the Annual Business Plan and a balanced budget, on behalf of the Chief Executive. 4.5 Virement and Transfer 4.5.1 Budget Holders may transfer funds within (but not between) staff and nonstaff budget headings (either on a cost centre or regional or directorate basis with the approval of the relevant Business Director). 4.5.2. The Head of Finance will report to the DH for information, any transfers from revenue to capital. 4.5.3. It is not permitted to transfer Capital budgets to support increased Revenue spending. 4.6 Capital Expenditure 4.6.1 The general rules applying to delegation and reporting also apply to capital expenditure. (Standing Financial Instructions, Allocations, Business Planning, Budgets, Budgetary Control and Monitoring). (see further chapter 13) 22 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 5. ANNUAL ACCOUNTS AND REPORTS 5.1 The Accounting Officer will produce an Annual Report and Accounts for the Commission, with input from the Director of Finance and Corporate Services, recording the main activity and achievements for the previous financial year. 5.2 The annual financial accounts will be scrutinised by the Audit and Risk Assurance Committee prior to being submitted to the Commission for approval. 5.3 The Commission’s Annual Report and Accounts must be audited by the National Audit Office (or its appointed auditor), adopted by the Board and laid before Parliament before the Summer Recess. 5.4 The Head of Finance on behalf of the Board and the Chief Executive will: prepare financial returns in accordance with the guidance given by the Department of Health and the Treasury, the Commission’s accounting policies, and generally accepted accounting principles and standards prepare, certify and submit annual financial reports to the Secretary of State in accordance with current guidelines submit financial returns to the Secretary of State for each financial year in accordance with the timetable prescribed by the Department of Health. 23 of 76 20130313 SFIs v6 6. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 BANK ACCOUNTS 6.1 General 6.1.1 All banking is carried out on the Commission’s behalf by the Commission’s appointed bankers. The Commission operates its accounts via the Government Banking Service. 6.1.2 The Head of Finance will therefore agree with the Commission’s appointed bankers a Service Level Agreement, which ensures that the standards and policies, which would normally appear in these Standing Financial Instructions, are attributed to an accountable third party. 6.1.3 The Head of Finance must also ensure that there are robust monthly reconciliations of the Commission’s accounting records to those of the Commission’s appointed bankers to help ensure integrity and reliability in financial reporting. 6.2 Bank Accounts 6.2.1 The Head of Finance is responsible for: (a) establishing bank accounts operated via the Government Banking Service (b) ensuring payments made from bank accounts do not exceed the amount credited to the account except where arrangements have been made (c) reporting to the Board all arrangements made with the Commission’s bankers for accounts to be overdrawn (d) ensuring compliance with Department of Health guidance on the level of cleared funds. 6.3 Banking Procedures 6.3.1 The Head of Finance will prepare detailed instructions on the operation of bank accounts which must include: (a) the conditions under which each bank account is to be operated (b) those authorised to sign cheques or other orders drawn on the Commission’s accounts 24 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 (c) the opening and closing of CQC bank accounts, including the set-up of standing orders and direct debits, are limited to authorised staff delegated by the Director of Finance and Corporate Services. All bank accounts will be in the full name of the “Care Quality Commission” and will operate within the CQC financial system. 6.3.2 The Head of Finance must advise the Commission’s bankers in writing of the conditions under which each account will be operated and notify them of any subsequent amendments. 25 of 76 20130313 SFIs v6 7. 7.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 INCOME, FEES AND CHARGES AND SECURITY OF CASH, CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS Income Systems 7.1.1 The Head of Finance is responsible for designing, maintaining and ensuring compliance with systems for the proper recording, invoicing, collection and coding of all monies due. 7.1.2 The Head of Finance is also responsible for ensuring prompt banking of all monies received. 7.2 Fees and Charges 7.2.1 The Head of Finance is responsible for approving and regularly reviewing the level of all fees and charges and ensuring that these are in line with HM Treasury guidelines on Fees and Charges. Independent professional advice on matters of valuation must be taken as necessary. 7.2.2 All employees must inform the Head of Finance promptly of money due arising from transactions which they initiated/deal with, including all contracts, leases, tenancy agreements, private patient undertakings and other transactions in the event of a likely debt problem or non payment. 7.2.3 Fees are refundable in accordance with the Commission’s Annual Refund Policy. 7.2.4. Fees are not transferable in the event of closure of a service provider. 7.3 Income for Non Regulated Services 7.3.1 Particulars of all charges to be made for work done, services rendered or good supplied by the Commission, and of all other amounts due to the Commission, shall be notified promptly by a Budget Holder to the Accounts Manager. 7.4. Debt Recovery 7.4.1 The Head of Finance is responsible for the appropriate recovery action on all outstanding debts. 7.4.2 Income not received must be dealt with in accordance with losses procedures for recovery and reporting. 7.4.3 Overpayments must be avoided but in the event that it occurs, all 26 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 reasonable steps must be taken to achieve recovery. 7.5 Security of Cash, Cheques and other Negotiable Instruments 7.5.1. The Head of Finance is responsible for: approving the form of all receipt books, agreement forms, or other means of officially acknowledging or recording monies received or receivable ordering and securely controlling any such stationery the provision of adequate facilities and systems for employees whose duties include collecting and holding cash, including the provision of safes or lockable cash boxes, the procedures for key holding, and for coin operated machines ensuring proper systems and procedures for handling cash and negotiable securities on behalf of the Commission are in place and communicated. 7.5.2 Official money must not under any circumstances be used for encashment of private cheques. 7.5.3 All cheques, postal orders, cash etc must be banked intact. Disbursements must not be made from cash received, except under arrangements approved by the Head of Finance. 7.5.4 The holders of safe keys must not accept unofficial funds for depositing in their safes unless such deposits are in special sealed envelopes or locked containers. It must be made clear to the depositors that the Commission is not to be held liable for any loss, and written indemnities must be obtained from the organisation or individuals absolving the Commission from responsibility for any loss. 27 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 8. 8.1 TENDERING AND CONTRACTING PROCEDURE Duty to comply with Board Standing Orders and Standing Financial Instructions 8.1.1 The procedures for making all contracts by or on behalf of the Commission must comply with the Scheme of Delegation and Standing Financial Instructions. This document is in line with the CQC policy on procurement, with all terms and conditions consistent between the two documents. 8.2 EU Directives Governing Public Procurement 8.2.1 Directives by the Council of the European Union made known by the Department of Health prescribing procedures for awarding all forms of contracts must have effect as if incorporated in the Board Standing Orders and these Standing Financial Instructions. Procurement limits are set out at Annex C. 8.3 Reverse e Auctions 8.3.1 The Commission will apply Treasury best practice for Reverse e Auctions. 8.4 Capital Investment Manual and other Department of Health Guidance on Estate 8.4.1 The Commission will comply as far as is practicable with the requirements of the Department of Health "Capital Investment Manual" and “Estate code” in respect of capital investment and estate and property transactions. Strategies will be subject to the approval of the DH Property Asset Management Board. 8.5 Formal Competitive Tendering 8.5.1 The Commission’s policies regarding formal competitive tendering are provided in detail in the Procurement Policy and Procedures, available on the CQC intranet. 8.6 Compliance requirements for all contracts 8.6.1 The Board must only enter into contracts on behalf of the Commission within the statutory powers delegated to it by the Secretary of State and must comply with: (a) The Commission’s Board Standing Orders and Standing 28 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Financial Instructions (b) EU Directives and other statutory provisions (c) Any relevant directions including the Capital Investment Manual, Estate code and Guidance on the Procurement and Management of Consultants (d) Where appropriate contracts must be in or embody the same terms and conditions of contract as was the basis on which tenders or quotations were invited (e) In all contracts made by the Commission, the Board must endeavour to obtain best value for money by use of all systems in place, and establish appropriate management controls at individual contract level. 8.7 Government procurement and efficiency controls 8.7.1 In 2010-11 Government introduced procurement controls as part of a plan to secure significant efficiency savings. The Cabinet Office has confirmed that these controls will remain in place until March 2015. The controls operate in external recruitment, new consultancy spend, new ICT projects over £1m and paid for communications, advertising and marketing activity above £20K. The current guidance on procurement is provided by the Government Procurement Service, an Executive Agency of the Cabinet Office. 1 8.7.2 The Government Procurement Service operates centralised category frameworks which CQC must use in the following areas: 1 Energy Communications, Marketing and Public Relations Professional Services Fleet Office solutions, ICT Commodities Print and print management Travel Learning & Development http://www.cabinetoffice.gov.uk/government-efficiency 29 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 8.7.3 Some of these categories have strict controls which must be adhered to at all times. The Cabinet Office Efficiency Guidance requires that all Government Departments and their ALBs and NDPBs seek additional approval to procure Professional Services, Marketing and Communications or IT services. CQC staff must liaise with the Head of Finance in relation to procuring these services. Depending on the approval levels, staff may be required to complete external business cases to be submitted to Department of Health: Contracts for professional services over £250,000 require prior ministerial approval. Failure to do so shall be considered gross misconduct; Those relating to professional services valued at over £50,000 require prior DH sponsor approval. Failure to do so shall be considered misconduct and invoke disciplinary action; All procurements over £10,000 shall be subject to competition as laid down in the Scheme of Delegation. 8.8 Single Tender Actions (STA) 8.8.1 All STA’s are required to go through a procurement process which will include publishing an invitation to tender via the e-tendering portal. 8.8.2 Any request for single tender action must have prior authority as per Scheme of Delegation (SoD) and Procurement Procedures. The particular approval levels for Single Tender Actions are set out at Annex D under Single Tender Action, p. 67. 8.9 Contract Extension 8.9.1 All contract extensions must be discussed with the Procurement team to determine if a valid extension clause is present within the contract allowing it to be legally extended. 8.10 Authorisation Limits 8.10.1 The delegated authorisation limits from the Procurement Policy are set out in detail at Annex D, pp. 64ff. 30 of 76 20130313 SFIs v6 9. 9.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 TERMS OF SERVICE AND PAYMENT OF COMMISSIONERS, OF DIRECTORS AND EMPLOYEES Remuneration Committee 9.1.1 For detailed information on the Remuneration Committee’s role and responsibilities, please refer to the Remuneration Committee Terms of Reference document. 9.2 Funded Establishment 9.2.1 The manpower plans incorporated within the annual budget will form the funded establishment. 9.3 Employee Appointments 9.3.1 The recruitment of individual employees including the use of agency employees will be the responsibility of the appropriate Director. No Director or employee may re-grade employees, either on a permanent or temporary nature, or hire agency employees, or agree to changes in any aspect of remuneration: unless authorised to do so within the Scheme of Delegation authorised at the time, or unless with the express written approval of the Chief Executive. 9.3.2 The Board will approve procedures presented by the Chief Executive for determination of commencing pay rates, conditions of service, etc, for employees, where this is not covered by Department of Health policies or terms of service for staff and secondees. 9.4 Processing of Payroll 9.4.1 The Director of Human Resources will negotiate a service level agreement with the relevant payroll supplier regarding arrangements for: Verification and documentation of data The timetable for receipt and preparation of payroll data and the payment of employees Security and confidentiality of payroll information Checks to be applied to completed payroll before and after payment 31 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Release of payroll data under the provisions of the Data Protection Act Methods of payment available to various categories of employees Specifying timetables for submission of properly authorised time records and other notifications The final determination of pay Agreeing method of payment. 9.4.2 The Director of Finance and Corporate Services is responsible for: Making payment on agreed dates Maintenance of subsidiary records for superannuation, income tax, social security and other authorised deductions from pay Procedures for payment by bank credit to employees Procedures for the recall of cheques and bank credits Pay advances and their recovery; maintenance of regular and independent reconciliation of pay control accounts Separation of duties of preparing records and handling cash A system to ensure the recovery from leavers of any sums of money and property owing to the Commission. 9.4.3 Appropriately nominated employees have delegated responsibility for: Submitting time records and other notifications in accordance with agreed timetables Completing time records and other notifications in accordance with the Head of Business Partnering, Reward and HR Services instructions and in the form prescribed by the Head of Business Partnering, Reward and HR Services Submitting termination forms in the prescribed form immediately upon knowing the effective date of an employee’s resignation, termination or retirement. Where an employee fails to report for duty in circumstances that suggest they have left without notice, the HR Services team mustbe informed immediately. 32 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 9.4.4 Regardless of the arrangements for providing the payroll service, the Director of HR must ensure that the chosen method is supported by appropriate (contracted) terms and conditions, adequate internal controls and audit review procedures and that suitable arrangements are made for the collection of payroll deductions and payment of these to appropriate bodies. 9.5 Contract of Employment 9.5.1 The Chief Executive has delegated responsibility to the Director of Human Resources for: Ensuring that all employees are issued with a Contract of Employment in a form approved by the Board and which complies with employment legislation Dealing with variations to, or termination of, contracts of employment and any resulting changes in salary. 33 of 76 20130313 SFIs v6 10. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 NON-PAY EXPENDITURE 10.1 Delegation of Authority 10.1.1 The Board will approve the level of non-pay expenditure on an annual basis and the Chief Executive will determine the level of delegation to Budget Holders (currently Directors and Heads of Function). 10.1.2 The Head of Finance on behalf of the Chief Executive will set out the maximum level of each requisition and the system for authorisation above that level. The Head of Finance and his/her team will maintain control of the list of employees who are authorised to place requisitions for the supply of goods and services. The current approval limits are Heads of Function & Deputy Directors of Operations may approve up to £25,000 Directors may approve up to £156, 442 (OJEU limit) The Director of Finance & Corporate Services and the Head of Finance may approve any pre-approved expenditure 10.1.3 The Head of Finance and Corporate Services on behalf of the Chief Executive must set out procedures for seeking professional advice regarding the supply of goods and services. 10.2 Choice, Requisitioning, Ordering, Receipt and Payment for Goods and Services 10.2.1 The requisitioner, in choosing the item to be supplied (or the service to be performed) must always obtain the best value for money for the Commission. In so doing, the advice of the Commission's Head of Finance must be sought. 10.2.2 The Head of Finance is responsible for the prompt payment of accounts and claims. Payment of contract invoices will be in accordance with the Better Payment Practice code and guidance published by HM Treasury. 10.2.3 The Director of Finance and Corporate Services will: advise the Board regarding the setting of thresholds above which quotations (competitive or otherwise) or formal tenders must be obtained; and, once approved, the thresholds must be incorporated in Board Standing Orders and regularly reviewed 34 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 advise the Board of any variations from the above, clearly setting out reasons for doing so ensure records are maintained of any duly approved waiver or variation to these Standing Financial Instructions and present this record for Audit and Risk Assurance Committee scrutiny at each meeting (usually quarterly) to ensure powers of waivers are not used systematically or regularly to avoid compliance with these rules prepare procedural instructions on the obtaining of goods, works and services incorporating the threshold 10.2.4 The Financial Controller will: ensure the prompt payment of all properly authorised accounts and claims be responsible for designing and maintaining a system of verification, recording and payment of all amounts payable. The system must provide for: o A list of employees authorised to certify invoices along with specimen signatures. Certification in accordance with detailed financial procedure notes o A timetable and system for submission to the Director of Finance and Corporate Services of accounts for payment; provision must be made for the early submission of accounts subject to cash discounts or otherwise requiring early payment. o Instructions to employees regarding the handling and payment of accounts within the Finance Department. 10.2.4 be responsible for ensuring that payment for goods and services is only made once the goods and services are received, (except as below). Pre-payments are only permitted where exceptional circumstances apply. In such instances: the appropriate Director must provide, in the form of a written report, a case setting out all relevant circumstances of the purchase. It must also set out the effects on the Commission if the supplier is at some time during the course of the pre-payment agreement unable to meet his commitments 35 of 76 20130313 SFIs v6 10.2.5 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 the Director of Finance and Corporate Services will need to be satisfied with the proposed arrangements before contractual arrangements proceed. The Budget Holder is responsible for ensuring that all items due under a pre-payment contract are received and he/she must immediately inform the appropriate Director or Chief Executive if problems are encountered. Official Orders must: be consecutively numbered be in a form approved by the Head of Finance state the Commission's terms and conditions of trade only be issued to, and used by, those duly authorised by Head of Finance on behalf of the Chief Executive. 10.2.6 Employees must ensure that they comply with the guidance and limits specified by the Director of Finance and Corporate Services and that: all contracts, leases, tenancy agreements and other commitments which may result in a liability are notified to the Director of Finance and Corporate Services in advance of any commitment being made contracts above specified thresholds are advertised and awarded in accordance with EC and GATT rules on public procurement> and comply with the White Paper on Standards, Quality and International Competitiveness (CMND 8621) no orders are issued for any item or items to any firm which has made an offer of gifts, reward or benefit to Directors or employees, which are inconsistent with the Commission’s Gifts and Hospitality Policy. no requisition/order is placed for any item or items for which there is no budget provision unless authorised by the Head of Finance on behalf of the Chief Executive 10.2.7 All goods, services, or works are ordered on an official order except works and services executed in accordance with a contract. Verbal orders must only be issued very exceptionally – by an employee designated by the Chief Executive and only in cases of emergency or urgent necessity. These must be confirmed by an official order and clearly marked “Confirmation Order” 36 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Orders not split or otherwise placed in a manner devised so as to avoid the financial thresholds Goods not taken on trial or loan in circumstances that could commit the Commission to a future uncompetitive purchase Changes to the list of directors/employees authorised to certify invoices are notified to the Head of Finance Purchases from petty cash are restricted in value and by type of purchase in accordance with instructions issued by the Head of Finance Petty cash records are maintained in a form as determined by the Head of Finance 37 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 11. INVESTMENTS 11.1 Temporary cash surpluses must remain in the Government Banking Service. 38 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 12. FINANCIAL FRAMEWORK 12. 1 The Director of Finance and Corporate Services must ensure that Commissioners are aware of the Financial Reporting Manual (FReM) and that the direction and guidance in the framework is followed by the Commission. 39 of 76 20130313 SFIs v6 13. 13.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 CAPITAL INVESTMENT, PRIVATE FINANCING, FIXED ASSET REGISTERS AND SECURITY OF ASSETS Capital Investment 13.1.1 On behalf of the Accounting Officer, the Director of Finance and Corporate Services must ensure there is an adequate appraisal and approval process in place for determining capital expenditure priorities and the effect of each proposal upon business plans is responsible for the management of all stages of capital schemes and for ensuring that schemes are delivered on time and to cost must ensure that the capital investment is not undertaken without confirmation of the availability of resources including the revenue consequences such as capital charges. 13.1.2 The Board will agree an annual consolidated capital programme, which may cover one or more years, identifying capital expenditure priorities. Performance against the programme will be monitored each quarter. 13.1.3 Bids for capital projects, will be prepared as part of directorate budgets, for prioritisation centrally by the Director of Finance and Corporate Services in the context of the agreed annual consolidated capital programme. 13.1.4 For every capital expenditure proposal above the specified amount as set out in DH guidelines, the Director of Finance and Corporate Services must ensure: That a business case (in line with the guidance contained within the Purchasing and Supply Manual) is produced setting out: o An option appraisal of potential benefits compared with known costs to determine the option with the highest ratio of benefits to costs o Appropriate project management and control arrangements. That he/she has certified professionally to the costs and revenue consequences detailed in the business case. 13.1.5 The Investment Committee supports the Director of Finance and Corporate Services in making business case and procurement approvals. All business cases over £50K must currently be submitted to the Executive Team’s Investment Committee for approval (terms of reference are available on the CQC intranet). 40 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 13.1.6 All assets will be purchased within approved budgets, controlled and monitored while in use and disposed of in accordance with laid down procedures. 13.1.7 For capital schemes where the contracts stipulate stage payments, the Director of Finance and Corporate Services will follow Treasury/Cabinet Office procedures for their management, and for management of CQC leasehold estate making use of the DH Estate Code. Property strategies need to be approved by the Department of Health Property Asset Management Board. 13.1.8 The approval of a capital programme must not constitute approval for expenditure on any scheme. The Chief Executive must issue to the employee responsible for any scheme: Specific Commission authority to commit expenditure Commission authority to proceed to tender Approval to accept a successful tender. 13.1.9 The Chief Executive will issue a Scheme of Delegation for capital investment management in accordance with the DH Estate Code guidance and the Commission's Board Standing Orders. 13.1.10The Director of Finance and Corporate Services must issue procedures governing the financial management, including variations to contract, of capital investment projects and valuation for accounting purposes. 13.1.11 The limits for capital expenditure are set out in Appendix D of this document under Capital Expenditure (p. 66). 13.2 Asset Registers 13.2.1 On behalf of the Accounting Officer, the Director of Finance and Corporate Services is responsible for the maintenance of registers of Assets, the form of any register and the method of updating, and arranging for a verification of assets exercise against the asset register to be conducted once a year. 13.2.2 The Commission must maintain a register of fixed assets; single items over £5,000 or items considered part of a group with a total cost exceeding £5000. 13.2.3 Additions to the fixed assets register must be clearly identified to an 41 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 appropriate Budget Holder and be validated by reference to: Supplier’s invoices. 13.2.4Where capital assets are sold, scrapped, lost or otherwise disposed of, their value must be removed from the accounting records and each disposal must be validated by reference to authorisation documents and invoices (where appropriate). 13.2.5 The Head of Finance must approve procedures for reconciling balances on fixed assets accounts in ledgers against balances on fixed asset registers. 13.3 Security of Assets and fixed assets 13.3.1 The overall control of fixed assets is the responsibility of the Chief Executive. The Director of Finance and Corporate Services discharges this responsibility on his behalf. 13.3.2 Asset control procedures (including fixed assets, cash, cheques and negotiable instruments, and also including donated assets) must be approved by the Head of Finance. These procedures will make provision for: Recording officer responsibility for each asset Identification of additions and disposals Identification of all repairs and maintenance expenses Physical security of assets Periodic verification of the existence of, condition of, and title to, assets recorded Identification and reporting of all costs associated with the retention of an assets Reporting, recording and safekeeping of cash, cheques, and negotiable instruments. 13.3.3 Where practical, assets must be marked as Commission property. 42 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 13.3.4 Directorates will maintain registers showing capital assets, material inventory items and all leased assets. The responsibility for the security and custody of all assets in the ownership of the Commission shall be vested in Business Services Manager at local offices and the Office Managers at the regional offices. 13.3.5 The asset register of equipment issued to homeworkers is maintained by CQC’s outsourced IT services provider (CSC) on behalf of the Head of ICT Services, who is able to review the register at any time. 13.3.6 The responsible officers shall maintain an asset register relating to the assets under their overall control and will instigate periodic physical checks of assets against the register. All discrepancies revealed by verification of physical assets to the fixed asset register must be notified to the Head of Finance. The responsible officers shall immediately notify the Head of Finance of any misuse of or damage to an asset in the Commission’s possession. Any suspected or actual instance of theft must also be immediately notified to the Head of Finance on the incident report form. In the event of an asset being lost by reason of misuse, damage or theft, the responsible officer must complete a Loss of Assets report. 13.3.6 Whilst each employee has a responsibility for the security of property of the Commission, it is the responsibility of Directors and senior employees in all disciplines to apply such appropriate routine security practices in relation to property as may be determined by the Board. Any breach of agreed security practices must be reported in accordance with instructions. 13.3.7 Any damage to the Commission premises, vehicles and equipment, or any loss of equipment, stores or supplies must be reported by Directors and employees in accordance with the procedure for reporting losses. 13.3.8 Recommendations for the disposal or writing off of any equipment shall be referred to the Head of Finance who shall determine the recommendation and make appropriate financial records. 13.4 Depreciation of Fixed Assets 13.4.1 CQC will maintain specified capitalisation limits, to be approved by the Commission. 13.4.2 The cost of capital is charged in accordance with HM Treasury requirements. 43 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 13.4.3 Expenditure on office refurbishments, office furniture and fittings, office equipment, IT equipment and infrastructure is capitalised as tangible assets if having a value of £5,000 or more and having a working life of more than one year. Assets costing below £5,000 are capitalised when considered part of a group if total costs exceeds £5,000 in value. Staff and contractor costs incurred on IT infrastructure projects are capitalised. The assets are recorded at cost and are restated at current value each year using the appropriate Office of National Statistics price index. 13.4.3 Expenditure on IT software developments, including the Commission’s website, are capitalised as intangible assets if having a value of £5,000 or more or considered part of a group with a total cost exceeding £5,000. Assets are re-valued annually using the appropriate Office of National Statistics price index. 13.4.5 Depreciation and amortisation on fixed assets will be provided on a straight-line basis, at rates calculated to write off the costs, less any residual value, over their estimated useful lives as follows:Property, Plant and Equipment Furniture and fittings:Office Refurbishment Furniture Office Equipment Information Technology:IT equipment IT infrastructure 10 years 10 years 5 years 3 years 3 years Intangible Software Licences Developed Software and website 44 of 76 20130313 SFIs v6 3 years 3 years 14. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 STORES AND RECEIPT OF GOODS 14.1 Subject to applicability to the Commission, stores and receipts of goods must be dealt with as follows. 14.2 Stores, defined in terms of controlled stores and departmental stores (for immediate use) must be: Kept to a minimum Subjected to annual stock take Valued at the lower of cost and net realisable value. 45 of 76 20130313 SFIs v6 15. 15.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 DISPOSALS AND CONDEMNATIONS, LOSSES AND SPECIAL PAYMENTS Disposals and Condemnations 15.1.1 The Head of Finance must prepare detailed procedures for the disposal of assets including condemnations and ensure that these are notified to employees. 15.1.2 When it is decided to dispose of a Commission asset, the Head of Department or authorised deputy will determine and advise the Head of Finance of the estimated market value of the item, taking account of professional advice where appropriate. 15.1.3 All unserviceable articles must be condemned or otherwise disposed of by an employee following authorisation by the Director of Finance and Corporate Services, taking assurance from the Head of Finance. 15.2 Losses and Special Payments 15.2.1 HM Treasury retains control over certain write-offs and payments known collectively as losses and special payments: Losses cover any case where full value has not been obtained for money spent or committed, including cash losses, losses due to errors by staff Special payments cover any compensation payments, extra contractual or ex gratia payments, and any payment made without specific identifiable legal power for the Commission to make the payment. 15.2.2 The Department of Health allows the Accounting Officer and the Board of an Arms Length Body to sign off Cash losses up to £75,000, Stores losses up to £50,000 Special payments up to £20,000 provided the losses have not arisen from fraud, dereliction of duty or other similar failure. Losses exceeding this amount or in any way novel or contentious need HM Treasury approval. (Refer to Annex C; the rules governing Writing off Losses are set out in Managing Public Money Appendix 4.10). 15.2.3 The Head of Finance must prepare procedural instructions on the recording of and accounting for condemnations, losses and special payments. In doing so, the Head of Finance must take account of the rules 46 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 as laid down by the DH and HMT and ensure that all personnel are aware of the procedure for approvals (refer to annexes A and B). 15.2.4 The Head of Finance is responsible for maintaining a register of losses and special payments in which write-offs and other related action is recorded. Losses and Special Payments occurring in any period must be notified at each Audit and Risk Assurance Committee. 15.2.5 Any employee discovering or suspecting a loss of any kind must immediately inform their Head of Function, who must immediately inform their Director, the Chief Executive and the Director of Governance and Legal Services. Where a criminal offence is suspected, the Director of Governance and Legal Services must immediately inform the police if theft or arson is involved, but if the case involves suspicion of fraud, then the particular circumstances of the case will determine the state at which the police are notified. 15.2.6 For losses apparently caused by theft, fraud, arson, neglect of duty or gross carelessness, except if trivial and where fraud is not suspected, the Director of Governance and Legal Services must immediately notify the Board of the Commission and the Statutory Auditor. 15.2.7 The writing-off of losses cannot be given effect without the approval of the Director of Finance and Corporate Services within their defined limits. 15.2.8 The Director of Finance and Corporate Services must be authorised to take any necessary steps to safeguard the Commission interests in bankruptcies and company liquidations. 15.2.9 No special payments exceeding delegated limits may be made without the prior approval of the Chief Executive. The Delegated Limits are set out under “Other Delegations” in Appendix D (pp72-73) 47 of 76 20130313 SFIs v6 16. 16.1 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 INFORMATION TECHNOLOGY The Director of Finance and Corporate Services, who is responsible for the accuracy and security of the computerised financial data of the Commission, must: Devise and implement any necessary procedures to ensure adequate (reasonable) protection of the Commission's data, programmes and computer hardware for which he/she is responsible from accidental or intentional disclosure to unauthorised persons, deletion or modification, theft or damage, having due regard for the Data Protection Act 1998 Ensure that adequate reasonable controls exist over data entry, processing, storage, transmission and output to ensure security, privacy, accuracy, completeness and timeliness of the data, as well as the efficient and effective operation of the system Ensure that adequate controls exist such that the computer operation is separated from development, maintenance and amendment Ensure that an adequate management audit trail exists through the computerised system and that such computer audit reviews as he/she may consider necessary are being carried out. 16.2 The Director of Finance and Corporate Services must satisfy him/herself that new financial systems and amendments to current systems are developed in a controlled manner and thoroughly tested prior to implementation. Where this is undertaken by another organisation, assurances of adequacy will be obtained from them prior to implementation. 16.3 The Director of Finance and Corporate Services must ensure that contracts for computer services for financial applications with another health organisations or any other agency must clearly define the responsibility of all parties for the security, privacy, accuracy, completeness and timeliness of data during processing, transmission and storage. The contract must also ensure rights of access for audit purposes. 16.4 Where another organisation or any other agency provides a computer service for financial applications, the Director of Finance and Corporate Services must periodically seek assurances that adequate controls are in operation. 48 of 76 20130313 SFIs v6 16.5 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Where computer systems have an impact on corporate financial systems, the Director of Finance and Corporate Services must satisfy that: Systems acquisition, development and maintenance are in line with corporate policies such as an Information Technology Strategy Data produced for use with financial systems is adequate, accurate, complete and timely and that a management (audit) trail exists Director of Finance and Corporate Services staff have access to such data Such computer audit reviews as are considered necessary are being carried out 49 of 76 20130313 SFIs v6 17. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 STANDARDS OF BUSINESS CONDUCT 17.1 Guiding Principles in conduct of Public Business 17.1.1 The Accounting Officer is personally responsible for ensuring regularity, and propriety of the public finances of CQC, and for ensuring that its resources are used economically, efficiently and effectively. All Commissioners, employees and contractors are expected to comply with the highest standards of behaviour, including: Observing the highest standards of propriety involving impartiality, integrity and objectivity in relation to the stewardship of public funds Maximising value for money through ensuring that services are delivered in the most economical, efficient and effective way, within available resources, and with independent validation of performance achieved wherever practicable. Value for money is not the lowest price: it is the optimal combination of costs and quality to meet the Commission’s requirements Being accountable to Parliament and individual citizens for the activities of the Commission, their stewardship of public funds and the extent to which key performance targets and objectives have been met 17.1.2 The standards of conduct expected of Commissioners is set out in the Board’s Standing Orders and Code of Conduct, including in relation to receipt of gifts and hospitality and declaration of interests. 17.1.3 The standards expected of staff are set out in the staff Code of Conduct and related policies, such as the Counter Fraud Policy, the Whistleblowing Policy, all of which are available on the intranet. 17.1.4 CQC will not tolerate any sort of fraud or corruption. The aim of the policy is to ensure that all members of staff (including secondees, contractors and agency staff) are aware of what is expected of them and the action that will be taken if fraud is committed. 17.2 Contact with contractors and suppliers 17.2.1All employees who are in contact with suppliers and contractors (including external consultants), and in particular Directors and Heads of Function/Deputy Directors of Operations who are authorised to sign Purchase Orders, or place contracts for goods, materials or services, must adhere to professional standards. 50 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 17.3 Avoiding Favouritism 17.3.1 Fair and open competition between prospective contractors or suppliers for contracts is a requirement of the Commission’s Board Standing Orders and of EC Directives on Public Purchasing for Works and Supplies. This means that: No private, public or voluntary organisation or company which may bid for business must be given any advantage over its competitors, such as advance notice of requirements. This applies to all potential contractors, whether or not there is a relationship between them and the employer, such as a long-running series of previous contracts. Each new contract must be awarded solely on merit, taking into account the requirements and the ability of the contractors to fulfil them. No special favour is shown to current or former Employees or their close relatives or associates in awarding contracts to private or other businesses run by them or employing them in a senior or relevant employee capacity. Contracts may be awarded to such businesses where they are won in fair competition against other tenders, but scrupulous care must be taken to ensure that the selection process is conducted impartially and that Employees who are known to have a relevant interest play no part in the selection. 17.4 Warning to Potential Contractors 17.4.1 The Commission will ensure that all invitations to potential contractors to tender for business include a notice warning tenderers of the consequences of engaging in any corrupt practices involving employees or employees of public bodies. 51 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 18. RETENTION OF RECORDS 18.1 The Chief Executive is responsible for maintaining records required to be retained in accordance with CQC’s Retention and Disposal schedule. The Information Asset Owner in each Directorate has delegated responsibility for carrying out this responsibility on the Chief Executive’s behalf. 18.2 The legacy hard copy records held in archives must be capable of retrieval by authorised Persons. The Records and Document Management Team Leader manages the CQC contract to ensure an effective and efficient service to CQC 18.3 CQC’s records are kept to: Meet current and future business needs; Comply with statutory, legal and corporate governance best practice requirements; Ensure that the way we manage records is documented, understood and implemented; and Meet the reasonable current and future needs of internal and external stakeholders. Records that are no longer required are eliminated as early as possible in an authorised and systematic manner in line with our Retention & Disposal schedule and destruction process. The Information Asset Owner is responsible for ensuring the destruction process is followed and that records are reviewed and logged before destruction. The KIM champions are responsible to their Director and Head of Function (Information Asset Owners) to work with the KIM teams as local area representatives on issues relating to knowledge and information management. 52 of 76 20130313 SFIs v6 19. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 RISK MANAGEMENT AND INSURANCE 19.1 Identification and management of risk 19.1.1 The Director of Governance and Legal Services must ensure that the Commission has a robust and effective process for risk management. This will include: A process for identifying, evaluating, and reporting on high level strategic risks at Executive Team level A process for identifying, evaluating, and reporting on risks and potential liabilities within <Commission Groups> Management processes to ensure all significant risk and potential liabilities are recognised and properly managed within a central risk register Arrangements to review the risk management processes periodically. 19.1.2 Directors are responsible for complying with risk management processes laid down by the Risk Manager and ensuring there are regular reviews of risk within their Directorates. Directors are responsible for the effective management of risks within their Directorate. 19.1.3 The Director of Governance and Legal Services will report to the Audit and Risk Assurance Committee on an annual basis on the processes for managing the Commission’s risks and at each meeting the key risks, which have been identified, and arrangements for their management. Any significant new risks identified during the year will also be reported. 19.1.4 Directors will, as required, report on their specific risks to the Audit and Risk Assurance Committee. 19.2 Insurance arrangements 19.2.1 Insurance arrangements will be arranged in accordance with the principles set out by HM Treasury. HM Treasury guidance underlines the principle of self-insurance for most non-commercial risks involving public money. The Commission will comply with its contractual obligations to effect insurance cover, principally on leased and operating assets and short-term hire of premises for events. 19.2.2 The Director of Finance and Corporate Services is responsible for: 53 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Effecting adequate insurance to protect the Commission’s interests Negotiating all claims in consultation with Heads of Departments as required Ensuring an annual review of the Commission’s insurance is undertaken. 19.2.3 It is the responsibility of Directors to: 19.3 Notify the Director of Finance and Corporate Services promptly of all new risks requiring insurance and of any alterations affecting existing risks or insurance Notify the Director of Finance and Corporate Services in writing of any loss, liability or damage of any event likely to lead to a claim Notify the Director of Governance and Legal Services immediately of any potential legal liabilities Ensure employees or anyone else covered by the Commission’s insurances do not admit liability or make an offer to pay compensation that may prejudice the assessment of liability in respect of any insurance claim. Duty to take due care 19.3.1 All employees using leased assets, including cars, must exercise due care to minimise any insurance liability. 19.4 Incidents and events giving rise to possible claims 19.4.1 It is the responsibility of all employees to ensure that any incident involving personal injury or death or any other incident likely to lead to a claim against the Commission occurring in pursuance of Commission business is notified to the appropriate Director and the Director of Finance and Corporate Services as soon as possible and in line with agreed policy. 19.5 Reporting of risks and claims 19.5.1 The Director of Governance and Legal Services will report on risk management, and the Director of Finance and Corporate Services on any incidents or claims notified, to the Audit and Risk Assurance Committee and provide a formal report each year on losses arising from uninsured incidents. 54 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 19.6 Accountability for risk management 19.6.1 19.6.2 19.6.3 19.6.4 19.6.5 Principle Overall responsibility for risk management arrangements Operation of risk management Ensuring risks are appropriately insured Monitor risks and ensure that potential claims are handled appropriately within the Commission through notifying their Business Manager Care of assets, including leased assets to reduce insurance liabilities Prompt notification of incidents to and Risk Manager Notification to Audit and Risk Assurance Committee of risk management and losses from uninsured incidents 55 of 76 20130313 SFIs v6 Accountability Director of Governance and Legal Services Directors Director of Finance and Corporate Services Director All employees with assets in their care All employees with assets in their care Director of Governance and Legal Services for risk management; Director of Finance and Corporate Services for uninsured incidents Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 ANNEX A - ARMS LENGTH BODIES (ALBs) GUIDANCE ON LOSSES AND SPECIAL PAYMENTS How to identify when Treasury and/or Department of Health approval is required for Losses and Special Payments 1. INTRODUCTION This document is an outline of when Treasury or Department of Health approval for losses and special payments is required but must be read in conjunction with Managing Public Money (MPM), where full details are set out in Chapter 4 and its annexes. This document was issued by HM Treasury under cover of DAO 04/07 and it replaced the Government Accounting Manual (GAM) from October 2007. The MPM can be found at the Treasury website on www.hm-treasury.gov.uk. All ALBs must rigorously follow the procedures laid down in MPM and must have their own robust procedures for dealing with losses and special payments. 2. TREASURY APPROVAL Losses and special payments are items that Parliament would not have contemplated when it agreed funds for the health service or passed legislation. By their nature, they are items that ideally should not arise. They are therefore subject to special control procedures compared with the generality of payments, and special notation in the accounts to draw them to the attention of Parliament. 3. REPORTING TO DEPARTMENT OF HEALTH A requirement of the delegation by the Treasury to the DH is that the DH’s Audit Committee annually reviews a report on the use of this delegation and that the report made to them is copied to the HM Treasury. All cases requiring DH or Treasury approval must be submitted to the DH in advance of payment for special payments and as they arise for losses. 4. SPECIAL PAYMENTS 4.1. In voting money or passing specific legislation, Parliament does not and cannot approve special payments outside the normal range of departmental activity. Such transactions are therefore subject to greater control than other payments. 56 of 76 20130313 SFIs v6 4.2. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 ALBs must authorise special payments only after careful appraisal of the facts and when satisfied that the best course has been identified. It is good practice to consider routinely whether particular cases reveal concerns about the soundness of the control systems; and whether they have been respected as expected. It is also important to take any necessary steps to put failings right. 4.3. ALBs must always consult the DH about special payments unless there are specific agreed delegation arrangements. So an ALB must seek DH approval, in advance, for any special payment for which it has no delegated authority, or which exceeds its authority. In turn, the DH may need to consult the Treasury. 4.4. All cases which are novel, contentious or repercussive and/or that relate to special severance payments must be referred to the Treasury. 4.5. The special payments on which the Treasury may need to be consulted are shown below. The list is not exclusive. If in doubt, please consult the DH. Extra-contractual payments: payments which, though not legally due under contract, appear to place an obligation on a public sector organisation which the courts might uphold. Typically these arise from the organisation’s action or inaction in relation to a contract. Payments may be extra-contractual even where there is some doubt about the organisation’s liability to pay, e.g. where the contract provides for arbitration but a settlement is reached without it. (A payment made as a result of an arbitration award is contractual.) Extra-statutory and extra-regulatory payments are within the broad intention of the statute or regulation, respectively, but go beyond a strict interpretation of its terms. Compensation payments are made to provide redress for personal injuries (except for payments under the Civil Service Injury Benefits Scheme), traffic accidents, damage to property etc, suffered by civil servants or others. They include other payments to those in the public service outside statutory schemes or outside contracts. Special severance payments are paid to employees, contractors and others beyond above normal statutory or contractual requirements when leaving employment in public service whether they resign, are dismissed or reach an agreed termination of contract. 57 of 76 20130313 SFIs v6 5. Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Ex gratia payments go beyond statutory cover, legal liability, or administrative rules, including: o Payments made to meet hardship caused by official failure or delay o Out of court settlements to avoid legal action on grounds of official inadequacy Payments to contractors outside a binding contract, e.g. on grounds of hardship. TREASURY / DH APPROVAL PROCESS Step 1 Follow internal approval process. Ascertain if the special payment is novel, contentious or repercussive and/or relates to special severance payments. If yes, then it must be referred to the Treasury for approval, via the ALB Finance team. Step 2 If not then ascertain if the special payment is within the delegated limits. If the loss or write-off is within delegated limits, then the ALB’s internal approval process is sufficient. Step 3 If the value of the loss or write exceeds the delegated limits then it must be referred to the DH for approval. If it is novel, contentious or repercussive, then DH will need to refer it to Treasury for approval. Key points ALBs must have a robust internal process in place to consider all special payments. The soundness of and adherence to control systems must be reviewed and steps taken to correct any failings Special Payments must be referred to the DH for approval in advance of payment if the amount exceeds the delegated limit of the ALB or if they are novel, contentious or repercussive Where Special Payments are deemed novel, contentious or repercussive, the DH has to seek Treasury approval in advance of payment. Special severance payments always require Treasury approval In all cases, DH/Treasury approval must be sought in advance of any payments made. If payments are made and approval is not obtained then accounts may be qualified Where appropriate, cases must be referred to the Governance and 58 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Assurance Committee (GAC). Please refer to the GAC Submission Guidance. Again, this must be done in advance of any payments being made. 59 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Refer to the workflow diagram below for a quick reference guide. 60 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 ANNEX B - SPECIAL PAYMENTS REQUIREMENTS FORM To obtain Treasury or Department of Health approval, the following information is required: Is Payment novel, contentious repercussive YES NO or a special severance payment? YES NO Explain the nature and circumstances of the case, including any scope for reference to a tribunal, with its potential consequences. Set out the amount proposed as settlement; also identify what your legal costs would be if settlement agreed Summarise the legal advice, including the assessment of the organisation's chances of winning or losing the case. Attach a copy of legal advice received Assess the value for money offered by the possible settlement. It is useful to identify the maximum and minimum amounts claimant could win if successful, plus your costs if case defended i.e. your legal fees and estimate of management costs. 61 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 62 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Confirm that the relevant management procedures have been followed. Identify any other options considered and reasons not pursued. Bring out any non-financial considerations, e.g. where it is desirable to end someone's employment but dismissal is not warranted Explain whether the case in question could have wider impact, e.g. for a group of potential tribunal cases Confirm that special payment is not a soft option in order to avoid normal management procedures, disciplinary action, unwelcome publicity or damage to reputation 63 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Ensure that applications for retrospective approval contain the same level of detail is if the case had been brought to the Treasury in advance. Please note that although important, the VFM case is not the only thing HM Treasury consider, the processes, management and wider message are equally important. 64 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 CQC’s DELEGATED AUTHORITIES ISSUED BY DH ANNEX C Limits and Spending Controls Specifically Assigned by DH to the ALB Accounting Officer and Board Delegated Authorities to Coalition Government Efficiency Controls Commit Expenditure Grants to Voluntary Bodies Sign Contract With Supplier To sign contract, authorise purchase order, or otherwise commit expenditure for ¹ Unlimited, within a budget allocated by the DH specifically for this purpose Unlimited within the budget set at the start of year (except as below) Contracts For Professional Services “Professional services” are defined as consultancy services i.e. an arrangement where an individual or organisation is engaged to perform a specific one off task or set of tasks involving skills or perspectives which would not normally be expected to reside within the ALB Applicable to all ALBs’ Business as Usual Activity. [Revised arrangements apply to MHRA and HPA] ALBs must commit volume spend and buy from centrally sourced approved Government frameworks. ALBs are required to participate and co-operate fully in the Shared Services Programme and its initiatives, in order to maximise the scope for savings. Up to £250,000 per tender NB All spend requires a business case to be submitted to your DH sponsor as Ministerial approval is required All ALBs are required to review all assignments falling within the Efficiency Reform Group (ERG) definition of Consultancy on a rolling basis every three months and submit for approval in line with the Operational Guidance. All consultancy spend approved must be reported on a monthly basis to Ministers, Treasury Spending Team and ERG. There is a freeze on all new consultancy spend. All spend will require Departmental approval and in addition, further approval is required from the Cabinet Office for spend over £20,000. The Government has announced a freeze on all new advertising and marketing spend. Only essential expenditure on critical advertising and marketing is allowed. All marketing & communication spend over £5,000 must have approval from DH Communications control panel ERG approval is required for spending over £100,000 ALBs have delegated authority up to £40,000 for recruitment marketing activity. 65 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Capital Investment (includes any revenue costs eg leases). All subject to Business Case Guidance for ALBs, issued by Capital Investment Branch (CIB) <£1m whole life costs 2 £1m - £5m whole life costs approval required from DH Sponsor 3 >£5m whole life costs, approval required from DH Sponsor and CIB 4 Spending on new Information and Communications Technology contracts with a lifetime value above £5m, and specifically any ICT spend over £1m on systems that support administration, are subject to ERG approval. There is a freeze on signing any new property leases or lease extensions unless they are approved by the Chief Secretary to the Treasury. All property events need to be approved by the DH Property Asset Management Board, regardless of cost. 1 All policies which commit expenditure of over £40 million per annum, or £200 million over five years, should be subject to an independent review of the financial cost estimates by the Revenue Investment Branch (RIB). Policies that require HM Treasury approval must also be subject to a RIB review prior to submission to HM Treasury. 2 All accommodation business cases should be referred to DH/ALB Property Asset Management Board (PAMB) for information only. 3 All accommodation business cases also require PAMB approval 4 All accommodation business cases also require PAMB approval Limits and Spending Controls Specifically Assigned by DH to the ALB Accounting Officer Delegated Authorities to Commit Coalition Government Efficiency Controls Expenditure Applicable to all ALBs Business as Usual Activity. To sign contract, authorise [Revised arrangements apply to MHRA and HPA] purchase order, or otherwise commit expenditure for Unlimited within the budget set at Commit to the start of year and within the purchase under contract value existing contract Unlimited Reimbursement of Business Expenses Token/Protocol gifts only Items to be purchased as gifts In the course of normal business: Give guarantees, unlimited accept liabilities 66 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Staff Recruitment Staff pay: pay systems, use of pay flexibilities and annual settlements Staff Redundancy Unlimited ALB Chief Executives have delegated authority to approve recruitment to frontline posts or business critical posts. New ALBs are required to complete a baseline return enable DH to validate assessments. Unlimited within Treasury and Cabinet Office pay remit procedures and guidance ALBs have authority to spend up to £40,000 on any single recruitment advertising activity needed to appoint to front line or business critical posts. Any post with a salary in excess of £142,500 will require sign off by the Chief Secretary to the Treasury prior to going to advertising. Approval is also required when an employment contract is issued, renewed or an individual earning in excess of £142,500 moves to a new post. Unlimited – subject to procedures and limits placed by DH Governance Assurance Committee (GAC). For limits see Appendix 4 of the Delegated Authorities. Other Delegations LOSSES Delegation Group 1 – Managing Public Money Annex 4.10 Delegation Group 2 – Managing Public Money Annex 4.10 SPECIAL PAYMENTS Authorisation of payments without normal prior commitment of the expenditure, and/or certification of receipt of goods/services Subject to Managing Public Money and guidance set out in Appendix 4 of the Delegated Authorities). Ex gratia payments including compensation payments, extra statutory and extra regulatory payments and extra contractual payments to contractors Prepayments Arising in the normal course of business and subject to MPM (annex 4.6) Accounting Officer and Board £75,000 (subject to guidance in Appendix 4 of Delegated Authorities) £50,000 (subject to guidance in Appendix 4 of Delegated Authorities) £20,000 (excluding payments that are novel, contentious, repercussive or special severance payments) Unlimited Other Delegations ASSET DISPOSAL LOANS and IMPRESTS Dispose of assets including formal write-off value Impress to staff in advance of travel expenses Loans to staff for specified purposes 67 of 76 20130313 SFIs v6 Accounting Officer and Board £500,000 £50,000 £50,000 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 1 INCOME Other loans Commit to contract (or tender) to provide goods or services to non-DH organisations £50,000 Unlimited – subject to agreement from sponsoring team within DH Subject to Managing Public Money (Annex 5.3) 1. The specified purposes are: for house purchase, for season ticket purchase, and for bicycle purchase 68 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 ANNEX D - Delegated Limits from the Procurement policy (Limits strictly replicated in line with Treasury levels imposed upon The Department of Health, included in ‘Managing Public Money’) Order/Contract Value (Including VAT) Authorisation Required to commence Procurement Form of Procurement Competition Contract Award Authorisation after Procurement process Contract Sign off Up to £4,999 BAU form not required A competition within an appropriate Government framework or one written quotation. Oracle Approval Process Any Authorised Signatory £5,000 to £9,999 Business Manager, Management Accounts, A competition within an appropriate Government framework or minimum of two suppliers invited to tender. Oracle Approval Process Head of Function A competition within an appropriate Government framework or a minimum of three suppliers invited to tender Head of Service up to £25,000 Head of Function up to £25,000 Procurement & Contract Manager, Head of Function or Director £10,000 – £49,999 Business Manager, Management Accounts, Procurement & Contract Manager, Director over £25,000 Director over £25,000 Director £50,000 to £173,940 Business Manager, Management Accounts, A competition within an appropriate Government framework or a minimum of four 69 of 76 20130313 SFIs v6 Executive Team Director Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 suppliers invited to tender Procurement & Contract Manager, Director and Executive Team [Investment Committee currently does this on behalf of ET] £173,941 to £499,999 Business Manager, Management Accounts, Procurement & Contract Manager A competition within an appropriate Government framework or tendered in accordance with EU legislation Executive Team Director A competition within an appropriate Government framework or tendered in accordance with EU legislation Executive Team and Chief Executive Chief Executive A competition within an appropriate Government framework or tendered in accordance with EU legislation Chief Executive and Board Chief Executive Director of Finance and Corporate Services and Executive Team [Investment Committee currently does this on behalf of ET] £500,000 to £999,999 Business Manager, Management Accounts, Procurement & Contract Manager, Director of Finance and Corporate Services and Executive Team [Investment Committee currently does this on behalf of ET] £1,000,000 to £5,000,000 Business Manager, Management Accounts, Procurement & Contract 70 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Manager, Director of Finance and Corporate Services and Chief Executive and reported to the Board Over £5,000,000 Business Manager, Management Accounts, A competition within an appropriate Government framework or tendered in accordance with EU legislation Procurement & Contract Manager, Director of Finance and Corporate Services and Chief Executive and reported to the Board 71 of 76 20130313 SFIs v6 Chief Executive and Board Chief Executive Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Capital Expenditure Capital Expenditure Limits Authorisation Required to commence Procurement Form of Competition Contract Award Authorised by Contract Sign off Up to £1,000,000 whole life costs Approval from Board A competition within an appropriate Government framework or tendered in accordance with EU legislation Chief Executive and Board Chief Executive £1,000,000 to £5,000,000 whole life costs Approval from Board, DH sponsor branch A competition within an appropriate Government framework or tendered in accordance with EU legislation Chief Executive and Board Chief Executive £5,000,000 to £10,000,000 Approval from Board, Cabinet Office and Capital Investment Branch A competition within an appropriate Government framework or tendered in accordance with EU legislation Chief Executive and Board Chief Executive More than £10,000,000 Approval from Board, Cabinet Office and Capital Investment Board A competition within an appropriate Government framework or tendered in accordance with EU legislation Chief Executive and Board Chief Executive 72 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Single Tender Action Order/Contract Value (Including VAT) Authorisation Required to commence Procurement(BAU form) Form of Engagement Contract Award Authorisation after Procurement process Contract Sign off £5,000 to £10,000 Business Manager, Management Accounts, Invitation to Tender process Oracle Approval Process Head of Function Invitation to Tender process Director and Executive Team Director Procurement & Contract Manager, Director or Head of Service and Head of Finance £10,000 to £173,940 Business Manager, Management Accounts, Procurement & Contract Manager, Director of Finance and Corporate Services. 73 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Above £173k to £499,999 Business Manager, Management Accounts, Invitation to Tender process. Director of Finance / Investment Committee/Executive Team. Director A competition within an appropriate Government framework or tendered in accordance with EU legislation Executive Team and Chief Executive Chief Executive Procurement & Contract Manager, Director of Finance and Corporate Services. £500,000 and above Business Manager, Management Accounts, Procurement & Contract Manager, Director of Finance and Corporate Services and Investment Committee 74 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 Other Delegations Reimbursement of Business Expenses Level 1 Level 2 Level 3 Level 4 Accounting Officer/Board Directors Budget Manager Other authorised staff Unlimited Director of Finance and Corporate Services only £10,000 £1000 Nil Other Directors £1000 Items purchased from Petty Cash £20 £20 £20 £20 Items purchased as gifts (protocol gifts only) Unlimited £300 £100 Nil Write off cash losses, including damage to equipment and or loss of property £75,000 £10,000 £1000 £100 Write off bad debts2 Unlimited £100,000 total value per annum £5,000 within £20,000 total per annum £500 Contingent liabilities2 DFCS only Fruitless payments2 £75,000 £50,000 £1000 £100 Prepayments/other DFCS approval required 2 (Director of Finance and Corporate Services £50,000) In line with Managing Public Money annexes, 4.10, 5.5 and 4.6 75 of 76 20130313 SFIs v6 Agenda item 8 Paper No: CM/02/13/07 Annex C Submitted to the Board for approval on 20th March 2013 payments in advance2 Disposal of assets (including formal write off of value £50,000 Loans to staff £50,000 DFCS £50,000 Other £50,000 DFCS only £50,000 76 of 76 20130313 SFIs v6 Nil To be authorised by DFCS To be authorised by DFCS
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