POLICY REF NO; SABP/GOVERNANCE/0003 NAME OF POLICY OR PROCEDURE: REASON FOR POLICY OR PROCEDURE : WHAT THE POLICY WILL ACHIEVE: Reservation of Powers to the Board of Directors and Delegation of Powers n Wit Within the Terms of Authorisation issued by the Independent Regulator, NHS Foundation Trust’s are required to demonstrate the existence of comprehensive governance arrangements which may be delegated in accordance with Section 15 of Schedule 7 of the National Health Service Act. This document is the Scheme of Delegation for Surrey and Borders Partnership NHS Foundation Trust, which sets out those decisions which are reserved for the Board of Directors and those which may be delegated to a committee, subcommittee, or a Director or Officer of the Trust. WHO NEEDS TO KNOW ABOUT IT: All Staff DATE APPROVED: Board March 2017 7.0 VERSION NUMBER: APPROVING COMMITTEE: Board of Directors AUTHOR/REVIEWER: Director of Governance & Planning DATE OF IMPLEMENTATION: 01.04.17 DATE OF FORMAL REVIEW: 01.04.19 RESPONSIBLE DIRECTORATE: DISTRIBUTION: Chief Executive’s Office All Directorates Version 7.0 1 Approved Board March 2017 Reservation of Powers to The Board of Directors and Delegation of Powers Version 7.0 2 Approved Board March 2017 CONTENTS Page No 1 Introduction 3 2 Reservation of Powers to the Board of Directors 6 3 Scheme of Delegation Derived from: Codes of Conduct and Accountability 15 Standing Orders 18 Standing Financial Instructions 20 4 Detailed Scheme of Delegation 34 5 Senior Officer Schedule 52 Version 7.0 3 Approved Board March 2017 Section 1 - INTRODUCTION 1.1 Within our Licence issued by the independent regulator to providers of NHS services, NHS Foundation Trust’s are required to demonstrate the existence of comprehensive governance arrangements which may be delegated in accordance with Section 15 of Schedule 7 of the National Health Service Act 2006. This document is the Scheme of Delegation for Surrey and Borders Partnership NHS Foundation Trust, which sets out those decisions which are reserved for the Board of Directors and those which may be delegated to a committee, subcommittee, or a Director or Officer of the Trust. The arrangements are to be read in conjunction with and subject to the Standing Orders and Standing Financial Instructions adopted by the Trust. Details of the Delegation of Duties implied from Standing Orders and Standing Financial Instructions are given in Section 3 of this document. It should be noted that the Board of Directors remains accountable for all of its functions, even those delegated to the Chair, individual Directors or Officers and would therefore expect to receive information about the exercise of delegated functions to enable it to maintain a monitoring role. 1.2 Role of the Chief Executive All powers of the Trust which have not been retained as reserved by the Board of Directors or delegated to an executive committee or sub-committee shall be exercised on behalf of the Board of Directors by the Chief Executive. A detailed Scheme of Delegation identifying which functions the Chief Executive shall perform personally and which functions have been delegated to other Directors and Officers, is shown in Section 4. The Chief Executive will establish appropriate management arrangements to ensure that senior Officers pursue the Trust’s policies in a corporate manner. All powers delegated by the Chief Executive can be re-assumed by him/her should the need arise. The Chief Executive is the Accounting Officer of the Trust (Paragraph 16(1) of Schedule 7 to the 2006 Act). The NHS Foundation Trust Accounting Officer Memorandum issued by the independent regulator, the Independent Regulator(17 April 2008) sets out the additional responsibilities and duties of the Chief Executive, in relation to discharging these functions. A copy of the Memorandum is available from the Board Secretary, on request. 1.3 Caution over the Use of Delegated Powers Powers are delegated to directors and officers on the understanding that they would not exercise delegated powers in a matter which in their judgment was likely to be a cause for public concern. Version 7.0 4 Approved Board March 2017 1.4 Directors' Ability to Delegate their own Delegated Powers As indicated in 1.2 above, a detailed Scheme of Delegation is shown in Section 4, and includes delegated procedures for the approval of the expenditure. It should be used in conjunction with the system of budgetary control and other established procedures within the Trust. 1.5 Management Team Decisions taken on the basis of this document should also have regard to the relevant Trust policies and procedures. The Chief Executive will establish appropriate management arrangements to ensure that senior officers pursue the Trust’s policies in a corporate manner. 1.6 Absence of Directors or Officer to Whom Powers have been Delegated In the absence of a director or officer to whom powers have been delegated those powers shall be exercised by that director’s or officer's superior unless alternative arrangements have been approved by the Board of Directors. If the Chief Executive is absent powers delegated to him/her may be exercised by the Chair or Deputy Chief Executive after taking appropriate advice from the Chief Finance Officer. 1.7 Financial Delegation Managers will exercise financial delegation and virement arrangements in accordance with the Trust’s budgetary rules. Where more than one Officer has delegated authority to commit expenditure from a fund, those Officers have an obligation to consult with each other to ensure that the total committed does not exceed the approved Budget for the year, or the balance in the fund at any time as appropriate. 1.8 Reservation of Powers to the Board of Directors The Code of Accountability which has been adopted by the Trust requires the Board of Directors to determine those matters on which decisions are reserved unto itself. These reserved matters are set out in tabular form in the “Reservation of Powers to the Board of Directors” table in Section 2. 1.9 Delegation to Committees Version 7.0 5 Approved Board March 2017 The Board of Directors may determine that certain of its powers shall be exercised by Standing Committees. The composition and terms of reference of such committees shall be that determined by the Board of Directors from time to time taking into account where necessary the requirements of regulators e.g. NHSI and or the Charity Commissioners. The Board of Directors shall determine the reporting requirements in respect of these committees. In accordance with SO 5.5.1 committees may not delegate executive powers to sub committees unless expressly authorised by the Board of Directors. 1.10 Delegation to Officers Standing Orders and Standing Financial Instructions set out in some detail the financial responsibilities of the Chief Executive, the Chief Finance Officer and other directors. Certain matters needing to be covered in the scheme of delegation are not covered in SFIs or SOs or they do not specify the responsible officer. These are: Area of responsibility 1.11 Overall Responsibility Data Protection Act Chief Executive has overall accountability, however day to day responsibility is delegated to the Chief Nursing Officer Health & Safety Arrangements Chief Executive has overall accountability, however lead responsibility is delegated to the Chief Medical Officer with operational responsibility devolved to all Directorates. Derived Schemes of Delegation The Schemes of Delegation outlined in Section 3 cover those duties delegated to Committees, Directors, or Officers from the following documents The codes of Conduct and Accountability Standing Orders Standing Financial Instructions Version 7.0 6 Approved Board March 2017 Section 2 – RESERVATION OF POWERS TO THE BOARD OF DIRECTORS THE BOARD OF DIRECTORS BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS General Enabling Provision The Board of Directors may determine any matter, for which it has delegated or statutory authority, it wishes in full session within its statutory powers. BOARD OF DIRECTORS Regulations and Control Approve Standing Orders (SOs) (in accordance with the Health and Social Care Act 2012 approval requires more than 50% of the Board of Directors and more than 50% of the Council of Governors as the SOs form part of our Constitution) Approve a schedule of matters reserved to the Board and Standing Financial Instructions for the regulation of its proceedings and business Suspend Standing Orders Vary or amend the Standing Orders (with the Council of Governors as above in accordance with the Health and Social Care Act) Ratify any urgent decisions taken by the Chair and Chief Executive in public/private session in accordance with Standing Orders. Approve a scheme of delegation of powers from the Board to committees Require and receive the declaration of Board members’ interests that may conflict with those of the Trust Version 7.0 7 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS and determining the extent to which that member may remain involved with the matter under consideration. Approve arrangements for dealing with complaints Adopt the organisation structures, processes and procedures to facilitate the discharge of business by the Trust and to agree modifications thereto. Receive reports from committees including those that the Trust is required by regulation to establish and to take appropriate action on. Confirm the recommendations of the Trust’s committees where the committees do not have executive powers. Approve arrangements relating to the discharge of the Trust’s responsibilities as a corporate trustee for funds held on trust. Establish terms of reference and reporting arrangements of all committees and sub-committees that are established by the Board. Approve arrangements relating to the discharge of the Trust’s responsibilities as a bailee for patients’ property. Authorise use of the seal Ratify or otherwise instances of failure to comply with Standing Orders brought to the Chief Executive’s attention Discipline members of the Board or employees who are in breach of statutory requirements or SOs. BOARD OF DIRECTORS Version 7.0 Appointments/ Dismissal 8 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS Ratify the appointment of the Deputy Chair (appointed by the Council of Governors) Appoint the Senior Independent Director (with the support of the Council of Governors) Appoint and dismiss committees (and individual members) that are directly accountable to the Board. Appoint, appraise, discipline and dismiss Executive Directors (subject to SO 3.13.1.3). Confirm appointment of members of any committee of the Trust as representatives on outside bodies. Approve proposals of the Remuneration Committee regarding directors and senior employees and those of the Chief Executive for staff not covered by the Remuneration & Terms of Service Committee. BOARD OF DIRECTORS Strategy, Plans, Budgets and Direct Operational Decisions Define the strategic aims and objectives of the Trust. Approve such business plans, budgeted and capital programmes submitted by the Chief Executive on at least an annual basis, including the approval of Cost Improvement Programmes. Approve proposals for ensuring quality and developing clinical governance in services provided by the Trust, having regard to any guidance issued by the Secretary of State or the Independent Regulator e.g. NHSI. Approve Outline and Final Business Cases for Capital Investment in accordance with the thresholds set out in the Standing Financial Instructions. Approve budgets. Ratify proposals for acquisition, disposal or change of use of land and/or buildings through the approval of the annual capital programme in accordance with the Standing Financial Instructions Approve PFI proposals. Version 7.0 9 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS Approve the appointment of bankers (including the opening of bank accounts) Approve individual compensation payments in accordance with the thresholds set in the Standing Financial Instructions. Approve proposals for action on litigation against or on behalf of the Trust. (Fees over In accordance with levels set within the Standing Financial Instructions) Review proposals on service policies and priorities as negotiated with commissioners. Consider advice from any such Professional Advisory Committees as the Board may establish or recognise. Receive reports from the Chief Finance Officer on the legally binding contracts entered into with the purchasers To approve business cases requiring additional revenue resources. The introduction or discontinuance of any significant activity or operation. This decision can be made through the acceptance of a business plan/budget for a period where the introduction or discontinuance is clearly described. An activity or operation shall be regarded as significant if it has a gross annual income or expenditure as set out in the Trust’s Standing Financial Instructions. Any transaction which meets the definition of “significant transaction” as defined in our Constitution is subject also to the approval of the Council of Governors in accordance with our Constitution. BOARD OF DIRECTORS Human Resources Approve pay and terms and conditions of employment for Trust employees (except where covered by National Agreements) Version 7.0 10 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS Approve salaries for Trust Directors and Senior Managers BOARD OF DIRECTORS Audit Review of the annual management letter received from the external auditor and agreement of proposed action, taking account of the advice, where appropriate, of the Audit Committee Consider external auditor’s reports on the affairs and accounts of the Trust as referred to it by the Audit Committee. BOARD OF DIRECTORS Annual Report and Accounts Receipt and approval of the Trust’s Annual Report and Annual Accounts. BOARD OF DIRECTORS Monitoring Receipt of such reports as the Board sees fit from committees in respect of their exercise of powers delegated Board may require from directors, committees, and officers of the Trust as set out in management policy statements. All monitoring returns required by the independent regulator e.g. NHSI shall be reported at least in summary, to the Board Receive reports from Chief Finance Officer (CFO) on financial performance against budget and business plans Receive reports from CFO on actual and forecast income from service contracts Receive reports from the Chief Executive and Chief Finance Officer upon the implementation of and variances from, agreed business plans, service level agreements, budgets and capital programmes, and where appropriate take necessary action. Version 7.0 11 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS Make such directions regarding internal financial control and control of income/expenditure as required by the independent regulator e.g. NHSI Authorise payments which require the prior approval of the Trust Board under Standing Orders and Standing Financial Instructions Receive reports of external and internal issues affecting the services within the Trust from the Chief Executive and the other Directors and take action where necessary Make arrangements for the investigation of serious complaints BOARD OF DIRECTORS Buildings, Land and Equipment Ensure that the capital programme is within the terms of the Prudential Borrowing Code Approve all asset disposals and transfers in accordance with the thresholds set within the Standing Financial Instructions and the Trust’s Terms of Authorisation Determine matters relating to land and property transactions other than those covered by any delegation to the Chief Executive and to approve any transactions being subject to procedures set by the Secretary of State Approve capital programmes and determine guidelines within which the Chief Executive and/or Executive Board may approve variations to the programme. BOARD OF DIRECTORS General Establish and maintain relationships with other relevant external bodies Consider any other matters not falling within the established policies and practice of the trust of which Version 7.0 12 Approved Board March 2017 THE BOARD OF DIRECTORS DECISIONS RESERVED TO THE BOARD OF DIRECTORS officers think desirable or expenditure to be considered by the Trust Board Establish management arrangements as appropriate and to consider specific management of other aspects of the Trust’s responsibilities Appoint Directors and Officers to represent the Trust on other bodies Approve the appointment of professional advisors where such approval is required in accordance with Standing Orders Approve any changes to the Trust’s corporate governance framework Establish and agree terms of reference and constitution of Committees and sub committees of the Board Version 7.0 13 Approved Board March 2017 Policy Ref No. SABP/GOVERNANCE/003 Section 3 - SCHEME OF DELEGATION DERIVED FROM THE CONSTITUTION, FIT & PROPER PERSONS REQUIREMENTS AND THE THE INDEPENDENT REGULATOR CODE OF GOVERNANCE (JULY 2014) SET OUR EXPECTATIONS FOR THE CONDUCT AND ACCOUNTABILITY OF THE BOARD AND SENIOR MANAGERS REF DELEGATED TO CONSTITUTION BOARD OF DIRECTORS AUTHORITIES/DUTIES DELEGATED All the powers of the Trust shall be exercised by the Board of Directors on behalf of the Trust. (The Constitution: 3.3) The Board must exercise these powers in accordance with the Trust’s Constitution, including its Standing Orders. CONSTITUTION BOARD OF DIRECTORS In the exercise of its powers on behalf of the Trust Board, members shall have regard to the core principles of the NHS and the Trust as set out in Appendix A of the Annexe 9 of the Constitution. BOARD OF DIRECTORS The Board of Directors is a unitary Board. This means that within the Board of Directors, the NonExecutive Directors and Executive Directors make decisions as a single group and share the same responsibility and liability. VALUES AND CORE PRINCIPLES CODE OF GOVERNANCE The Trust Board will govern the Trust with regard to the NHS Foundation Trust Code of Governance on a comply or explain basis. The general duty of the Board of Directors and of each Director individually, is to act with a view to promoting the success of the organisation so as to maximise the benefits for the members of the Trust as a whole and for the public. Version 7.0 Approved Board March 2017 14 Policy Ref No. SABP/GOVERNANCE/003 REF DELEGATED TO AUTHORITIES/DUTIES DELEGATED ACCOUNTING OFFICER MEMORANCUM CHIEF EXECUTIVE The Chief Executive is accountable to the Chair and Non-Executive Directors of the Board for ensuring that its decisions are implemented, that the organisation works effectively, in accordance with Government policy, the Trust’s Constitution, and public service values and for the maintenance of proper financial stewardship. The Chief Executive should be allowed full scope, within clearly defined delegated powers, for action in fulfilling the decisions of the Board of Directors. The Chief Executive Officer is designated as the Accounting Officer. It is incumbent on the Accounting Officer to combine these duties with their duties to the Board of Directors. It is an important principle that the Accounting Officer is responsible to Parliament for the resources under their control. FIT & PROPER PERSONS Version 7.0 BOARD MEMBERS AND MOST SENIOR MANAGERS Approved Board March 2017 The Trust’s most Senior Managers (as defined by the board) are required to meet the Fit & Proper Person requirements including completion of a Fit & Proper Persons Declaration. 15 Policy Ref No. SABP/GOVERNANCE/003 Section 3 - SCHEME OF DELEGATION IMPLIED BY STANDING ORDERS SO REF DELEGATED TO 1.1 CHAIR DUTIES DELEGATED Final authority in interpretation of SOs. (ADVISED BY THE CHIEF EXECUTIVE AND SECRETARY) 3.2 CHAIR Calling meetings. 3.7 CHAIR Chair all Board of Directors meetings and associated responsibilities. 3.13 CHAIR Give final ruling in questions of order, relevancy and regularity of meetings 3.14 CHAIR Having a second or casting vote 3.16 BOARD OF DIRECTORS Suspension of Standing Orders 3.16 AUDIT COMMITTEE 4.2 CHAIR & CHIEF EXECUTIVE 4.4 CHIEF EXECUTIVE (CE) Version 7.0 Approved Board March 2017 Audit Committee to review every decision to suspend Standing Orders (power to suspend Standing Orders is reserved to the Board of Directors) The powers which the Board of Directors has retained to itself within these Standing Orders may in emergency be exercised by the Chair and Chief Executive after having consulted at least two nonExecutive Directors The Chief Executive shall prepare a Scheme of Delegation (within the Reservation of Powers document) identifying his/her proposals which shall be considered and approved by the Board of Directors , subject to 16 Policy Ref No. SABP/GOVERNANCE/003 Section 3 - SCHEME OF DELEGATION IMPLIED BY STANDING ORDERS SO REF DELEGATED TO DUTIES DELEGATED any amendments agreed during the discussion. 4.5 ALL 7.1 BOARD OF DIRECTORS 7.17 BOARD SECRETARY 8.1 ALL STAFF Comply with national guidance contained in HSG 1993/5 “Standards of Business Conduct for NHS Staff” and the NHS Foundation Trust Code of Governance. 8.4 ALL STAFF Disclose relationship between self and candidate for staff appointment (CE to report the disclosure to the Board of Directors ) - CHIEF EXECUTIVE 9.1 CHIEF EXECUTIVE (OR NOMINATED OFFICER) & BOARD DIRECTOR 9.2 CFO (DOF) 9.3 AUDIT COMMITTEE 13.1 CE Version 7.0 Approved Board March 2017 Disclosure of non compliance with Standing Orders to the Chief Executive as soon as possible Declare relevant and material interests Register of interests. Approval of Consultant Job Planning Appeal recommendations Authorise use of the Seal Keep seal in safe place and maintain a register of sealing. Review the register of sealing Existing Directors and employees and all new appointees are notified of and understand their 17 Policy Ref No. SABP/GOVERNANCE/003 Section 3 - SCHEME OF DELEGATION IMPLIED BY STANDING ORDERS SO REF DELEGATED TO DUTIES DELEGATED responsibilities within Standing Orders SFIs. Version 7.0 Approved Board March 2017 18 Policy Ref No. SABP/GOVERNANCE/003 Section 3 - SCHEME OF DELEGATION IMPLIED BY STANDING FINANCIAL INSTRUCTIONS SFI REF DELEGATED TO 1.1.3 CFO Approval of all financial procedures 1.1.5 CFO Advice on interpretation or application of SFIs 1.1.7 ALL MEMBERS OF THE BOARD OF DIRECTORS AND ALL STAFF 1.3.4 CHIEF EXECUTIVE (CE) 1.3.6 CE To ensure all Board of Directors, members, officers and employees, present and future, are notified of and understand Standing Financial Instructions. 1.3.7 CFO Responsible for a) Implementing the Trust's financial policies and coordinating corrective action b) Maintaining an effective system of financial control including ensuring detailed financial procedures and systems are prepared and documented. c) Ensuring that sufficient records are maintained to explain Trust’s transactions and financial position d) Providing financial advice to the Board of Directors and Staff e) Maintaining such accounts, certificates etc as are required for the Trust to carry out its statutory duties 1.3.8 ALL BOARD DIRECTORS AND EMPLOYEES Responsible for security of the Trust's property, avoiding loss, exercising economy and efficiency in using resources and conforming to Standing Orders, Financial Instructions and financial procedures. 1.3.9 CE Version 7.0 Approved Board March 2017 DUTIES DELEGATED Have a duty to disclose non compliance with SFIs as soon as possible to the CFO. CFO to report to the Audit Committee Responsible as the Accounting Officer to ensure financial targets and obligations are met and has overall responsibility for the system of internal control Ensure that any contractor or employee who is empowered by the Trust to commit the Trust to expenditure or who is authorised to obtain income are made aware of these instructions and their requirement to 19 Policy Ref No. SABP/GOVERNANCE/003 comply 1.3.10 CFO 2.1.1 AUDIT COMMITTEE 2.1.2 CHAIR Raise the matter at the Board of Directors meeting where the Audit Committee considers there is evidence of ultra vires transactions or improper acts. 2.1.3 & 2.3.1 CFO Ensure an adequate internal audit service, for which he/she is accountable, is provided (and involve the Audit Committee in the selection process when/if an internal audit service provided is changed) 2.2.1 CFO Monitor and ensure arrangements in place to counter fraud and corruption including the appointment of the Local Counter Fraud Specialist 2.3.1 CFO Decide at what stage to involve police in cases of misappropriation and other irregularities not involving fraud or corruption 3.1.2 CE/ DIRECTOR OF GOVERNANCE & PLANNING 3.1.5 CFO 3.2.2 CE 3.3.5 CE/DIRECTORS 3.3.7 CFO Version 7.0 Approved Board March 2017 Form and adequacy of financial records of all departments. Provide independent and objective view on internal control and probity. Compile and submit to the Board of Directors an annual business plan Submit budgets to the Board of Directors for approval Delegate budgets to budget holders Identify and implement cost improvements and income generation activities in line with the Business Plan Ensure adequate training is delivered on an on going basis to budget holders. 20 Policy Ref No. SABP/GOVERNANCE/003 4.1 CFO Preparation of Annual Accounts and Reports ensuring that a copy of the annual accounts and any reports of the external auditor are laid before Parliament and then sent to the Independent Regulator i.e. NHSI and that the Annual Report is presented to the Board of Directors and Council of Governors 5.1 CFO Submit monitoring returns to requisite organisations 5.1 CFO Managing Banking arrangements, including the appropriate investment of the Trust’s cash 5.4 CFO Prepare detailed procedural instructions on the operation of investments held 5.3 CFO Will advise the Board of Directors on investments and report, periodically, on performance of same 5.4 CFO Preparing instructions on the operation of accounts and a list of cheque signatories 6.1 & 6.4 CFO Income systems, including system design, prompt banking, review and approval of fees and charges, debt recovery arrangements, design and control of receipts, provision of adequate facilities and systems for employees whose duties include collecting or holding cash. 6.2.2 ALL EMPLOYEES Duty to inform CFO of money due from transactions which they initiate/deal with 7.1 CHIEF EXECUTIVE Must ensure the Trust enters into suitable contacts with service commissioners for the provision of NHS services 7.2 CFO The Chief Executive shall nominate an officer to oversee and manage the contract on behalf of the Trust 7.5 CFO Ensure that regular reports are provided to the Board of Directors detailing actual and forecast income form the contracts Version 7.0 Approved Board March 2017 21 Policy Ref No. SABP/GOVERNANCE/003 7.6 CFO 8.1.1 BOARD OF DIRECTORS Establish a Remuneration & Terms of Service Committee 8.1.5 BOARD OF DIRECTORS Approve proposals presented by the Chief Executive for setting of remuneration and conditions of service for those employees and officers not covered by the Remuneration Committee. 8.2.2 CFO 8.3 DIRECTOR OF WORKFORCE Staff, including agency staff, appointments and re-grading. 8.4.1 and 8.4.2 DIRECTOR OF WORKFORCE Payroll a) specifying timetables for submission of properly authorised time records and other notifications b) final determination of pay and allowances c) making payments on agreed dates d) agreeing method of payment e) issuing instructions (as listed in SFI 8.4.2). 8.4.3 NOMINATED MANAGERS 8.4.4 DIRECTOR OF WORKFORCE 8.5 DIRECTOR OF WORKFORCE/HR BUSINESS PARTNERS 9.1 CFO Version 7.0 Approved Board March 2017 Responsible for setting the trust’s pricing methodology Approval of variation to funded establishment of any department. Submit time records in line with timetable Complete time records and other notifications in required form Submitting termination forms in prescribed form and on time. Ensure that the chosen method for payroll processing 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. Ensure that all employees are issued with a Contract of Employment in a form approved by the Board of Directors and which complies with employment legislation; and deal with variations to, or termination of, contracts of employment. Determine, and set out, level of delegation of non-pay expenditure to budget managers, including a list of managers authorised to place requisitions, the maximum level of each requisition and the system for 22 Policy Ref No. SABP/GOVERNANCE/003 authorisation above that level. 9.1.3 CE 9.2.1 REQUISITIONER 9.2.2 CFO Be responsible for the prompt payment of accounts and claims 9.2.3 CFO a) Advise the Board of Directors regarding the setting of thresholds above which quotations (competitive or otherwise) or formal tenders must be obtained; and, once approved, the thresholds should be incorporated in standing orders and regularly reviewed; b) Prepare procedural instructions [where not already provided in the Scheme of Delegation or procedure notes for budget holders] on the obtaining of goods, works and services incorporating the thresholds; c) Be responsible for designing and maintaining a system of verification, recording and payment of all amounts payable. d) A timetable and system for submission to the Chief Finance Officer of accounts for payment; provision shall be made for the early submission of accounts subject to cash discounts or otherwise requiring early payment. e) Instructions to employees regarding the handling and payment of accounts within the Finance Department. f) Be responsible for ensuring that payment for goods and services is only made once the goods and services are received 9.2.4 APPROPRIATE EXECUTIVE DIRECTOR 9.2.4 BUDGET HOLDER 9.2.7 CE Version 7.0 Approved Board March 2017 Set out procedures on the seeking of professional advice regarding the supply of goods and services. In choosing the item to be supplied (or the service to be performed) shall always obtain the best value for money for the Trust. In so doing, the advice of the Trust's adviser on supply shall be sought. Make a written case to support the need for a prepayment. Ensure that all items due under a prepayment contract are received (and immediately inform CFO if problems are encountered). Authorise who may use and be issued with official orders. 23 Policy Ref No. SABP/GOVERNANCE/003 9.2.8 MANAGERS AND OFFICERS 9.2.7 CFO Ensure that the arrangements for financial control and financial audit of building and engineering contracts and property transactions comply with the guidance contained within CONCODE and ESTATECODE. The technical audit of these contracts shall be the responsibility of the relevant Director. 10.4 CFO Authorising Director for short term borrowing approval 10.7 CFO The CFO will advise the Board of Directors on the Trust’s ability to pay dividend on PBC and report periodically, concerning the PDC debt and all loans and overdrafts 11.1.1 & 2 CHIEF FINANCE OFFICER 11.1.3 CFO Certify professionally the costs and revenue consequences detailed in the business case for capital investment. 11.1.4 CFO Issue procedures for management of contracts involving stage payments. 11.1.4 CFO Issue procedures for the regular reporting of expenditure and commitment against authorised capital expenditure. 11.1.5 CE Issue manager responsible for any capital scheme with authority to commit expenditure, authority to proceed to tender and approval to accept a successful tender. Issue a scheme of delegation for capital investment management. Version 7.0 Approved Board March 2017 Ensure that they comply fully with the guidance and limits specified by the Chief Finance Officer Capital investment programme a) ensure that there is adequate appraisal and approval process for determining capital expenditure priorities and the effect that each has on business plans b) responsible for the management of capital schemes and for ensuring that they are delivered on time and within cost c) ensure that capital investment is not undertaken without availability of resources to finance all revenue consequences d) ensure that a business case is produced for each proposal 24 Policy Ref No. SABP/GOVERNANCE/003 11.1.6 CFO Issue procedures governing financial management, including variation to contract, of capital investment projects and valuation for accounting purposes. 11.2.1 CFO Demonstrate that the use of private finance represents value for money and genuinely transfers significant risk to the private sector. 11.2.3 BOARD OF DIRECTORS 11.3.3 CE 11.3.6 CFO Approve procedures for reconciling balances on fixed assets accounts in ledgers against balances on fixed asset registers. 11.3.9 CFO Calculate and pay capital charges in accordance with Department of Health requirements. 11.4.1 CE 11.4.2 CFO 11.4.4 DIRECTORS AND ALL SENIOR STAFF 12.2 RELEVANT DIRECTOR 12.2 CFO 12.2 DESIGNATED PHARMACEUTICAL Version 7.0 Approved Board March 2017 Proposal to use PFI must be specifically agreed by the Board of Directors. Maintenance of asset registers (on advice from CFO). Overall responsibility for fixed assets. Approval of fixed asset control procedures. Responsibility for security of Trust assets including notifying discrepancies to CFO, and reporting losses in accordance with Trust procedure. Delegate overall responsibility for control of stores (subject to CFO responsibility for systems of control). Further delegation for day to day responsibility subject to such delegation being recorded. Responsible for systems of control over stores and receipt of goods. Responsible for controls of pharmaceutical stocks 25 Policy Ref No. SABP/GOVERNANCE/003 OFFICER 12.2 DESIGNATED ESTATES OFFICER 12.3 NOMINATED OFFICERS 12.4 CFO Set out procedures and systems to regulate the stores. 12.5 CFO Agree stocktaking arrangements. 12.6 CFO Approve alternative arrangements where a complete system of stores control is not justified. 12.7 CFO Approve system for review of slow moving and obsolete items and for condemnation, disposal and replacement of all unserviceable items. 12.7 NOMINATED OFFICERS 12.8 CE 13.1 CFO Prepare detailed procedures for disposal of assets including condemnations and ensure that these are notified to managers. 13.2.1 CFO Prepare procedures for recording and accounting for losses and special payments and informing police in cases of suspected arson or theft. 13.2.2 ALL STAFF Version 7.0 Approved Board March 2017 Responsible for control of stocks of fuel oil and coal. Security arrangements and custody of keys Operate system for slow moving and obsolete stock, and report to CFO evidence of significant overstocking. Identify persons authorised to requisition and accept goods from NHS Supplies stores. Discovery or suspicion of loss of any kind must be reported immediately to either head of department or nominated officer. The head of department / nominated officer should then inform the CE and CFO. 26 Policy Ref No. SABP/GOVERNANCE/003 13.2.2 CFO Where a criminal offence is suspected CFO must inform the police if theft or arson is involved. In cases of fraud and corruption CFO must inform the relevant CFOS team in line with SoS directions. 13.2.2 CFO Notify DCFS CFMS. 13.2.3 CFO Notify Board of Directors and External Auditor of losses caused theft, arson, neglect of duty or gross carelessness (unless trivial). 13.2.4 BOARD OF DIRECTORS OR DELEGATED COMMITTEE 13.2.5 CFO Consider whether any insurance claim can be made. 13.2.6 CFO Maintain losses and special payments register. 14.1 CFO Responsible for accuracy and security of computerised financial data. 14.2 CFO Satisfy himself that new financial systems and amendments to current financial systems are developed in a controlled manner and thoroughly tested prior to implementation. Where this is undertaken by another organisation assurances of adequacy must be obtained from them prior to implementation. 14.3 & 14.4 CFO Ensure that contracts with other bodies for the provision of computer services for financial applications clearly define responsibility of all parties for security, privacy, accuracy, completeness and timeliness of data during processing, transmission and storage, and allow for audit review. Approve write off of losses In line with limits set out in the Standing Financial Instructions Seek periodic assurances from the provider that adequate controls are in operation. 14.5 Version 7.0 CFO Approved Board March 2017 Where computer systems have in impact on corporate financial systems satisfy himself that: a) systems acquisition, development and maintenance are in line with corporate policies 27 Policy Ref No. SABP/GOVERNANCE/003 b) data assembled for processing by financial systems is adequate, accurate, complete and timely, and that a management rail exists c) CFO and staff have access to such data d) Such computer audit reviews are being carried out as are considered necessary. 15.2 SERVICE DIRECTOR 15.3 CFO 15.6 DEPARTMENTAL MANAGERS 17.2 CALDICOTT GUARDIAN 18.1 CHIEF MEDICAL OFFICER 18.1 BOARD OF DIRECTORS Approve and monitor risk management programme 18.4 BOARD OF DIRECTORS 18.5 CHIEF MEDICAL OFFICER Decide whether the Trust will use the risk pooling schemes administered by the NHS Litigation Authority or self insure for some or all of the risks. Decisions to self insure should be reviewed annually. Where the Board of Directors decides to use the risk pooling schemes administered by the NHSLA the Chief Medical Officer shall ensure that the arrangements entered into are appropriate and complementary to the risk management programme. The Director of Quality / Deputy Chief Executive shall ensure that documented procedures cover these arrangements. CFO Version 7.0 Approved Board March 2017 Responsible for ensuring patients and guardians are informed about patients' money and property procedures on admission. Provide detailed written instructions on the collection, custody, investment, recording, safekeeping, and disposal of patients' property (including instructions on the disposal of the property of deceased patients and of patients transferred to other premises) for all staff whose duty is to administer, in any way, the property of Inform staff of their responsibilities and duties for the administration of the property of patients. Retention of document procedures in accordance with Records Management - NHS Code of Practice Guidance Risk management programme Where the Board of Directors decides not to use the risk pooling schemes administered by the NHS Litigation Authority for any one or other of the risks covered by the schemes, the Chief Finance Officer (shall ensure that the Board of Directors is informed of the nature and extent of the risks that are self 28 Policy Ref No. SABP/GOVERNANCE/003 insured as a result of this decision. The Chief Medical Officer will draw up formal documented procedures for the management of any claims arising from third parties and payments in respect of losses which will not be reimbursed. 18.6 CFO 19.1 Director of Governance & Planning 20 CHIEF EXECUTIVE (CE) 20.11 CHIEF EXECUTIVE OR NOMINATED OFFICER 20.12 CFO 20.17 CE Nominate an officer to oversee and manage the contract on behalf of the Trust. 20.18 CE Nominate officers to enter into contracts of employment, regrading staff, agency staff or consultancy service contracts. 20.20 CE Nominate officers with power to negotiate for the provision of healthcare services with purchasers of health 20.14 CHIEF EXECUTIVE (CE)/CFO 20.15 CFO Annex 1 Section 2.3 CE Annex 1 Section CE OR NOMINATED OFFICERS Version 7.0 Ensure documented procedures cover management of claims and payments below the deductible. Ensure all staff are made aware of the Trust policy on acceptance of gifts and other benefits in kind, by staff. Tendering and contract procedure Evaluate the quotations and select the one which gives best value for money Best value for money is demonstrated for all services provided under contract or in-house Waive formal tendering procedures Report waivers of tendering procedures to the Audit Committee Designate an officer responsible for receipt and custody of tenders before opening. Open tenders. (See Section 5) Approved Board March 2017 29 Policy Ref No. SABP/GOVERNANCE/003 3 Annex 1 Section 4 Annex 1 Section 5 CE /CFO DIRECTOR OF PROPERTY AND ASSOCIATE DIRECTOR ESTATES & FACILITIES Decide whether any late tenders should be considered. Keep lists of approved firms of building & engineering firms for competitive tenders/quotations. Keep list of providers of healthcare services to the Trust by a private sector provider. CFO Annex 1 Section 4 Annex 1 Section 5 Version 7.0 Acceptance of a compliant tender other than the lowest CFO Up to £50,000 – CFO Above £50,000 – Chief Executive CE OR CFO Approved Board March 2017 Use of a firm/individual not on an Approved List 30 Policy Ref No. SABP/GOVERNANCE/003 Section 4 – DETAILED SCHEME OF DELEGATION Delegated matters in respect of decisions which may have a far reaching effect must be reported to the Chief Executive. The delegation shown below is the lowest level to which authority is delegated. Delegation to lower levels is only permitted with written approval of the Chief Executive who will, before authorising such delegation, consult with other Senior Officers as appropriate. Any changes to approval levels within the procurement system (currently SBS) require written approval of the Chief Finance Officer. All items concerning Finance must be carried out in accordance with Standing Financial Instructions and Standing Orders. DELEGATED MATTER 1. Expenditure a) Approving a Requisition / Letter of Intent or any other commitment to spend AUTHORITY DELEGATED TO Revenue, Stock, Non-Stock Up to £2,500 Any employee duly authorized by their Line Manager Up to £5,000 Budget Manager Up to £10,000 Budget holder - Level 4 Leader (Team Manager) Up to £20,000 Budget holder - Level 3 Leader (Senior Manager) Up to £100,000 Level 1 & Level 2 Leaders (Directors) Up to £200,000 Director of Finance Up to £500,000 500,001 and above Chief Finance Officer Chief Finance Officer and Chief Executive Version 7.0 Approved Board March 2017 31 REFERENCE DOCUMENTS SFIs Section Policy Ref No. SABP/GOVERNANCE/003 With the exception of the Chief Finance Officer and the Chief Executive no one individual can approve a requisition and approve the same purchase order b) c) 2. Purchasing Cards (authorization limits): maximum single or total transactions £500 maximum single or total transactions £1,000 maximum single or total transactions £5,000 maximum single or total transactions £10,000 Cardholder Line Manager Line Manager & Deputy Director of Finance Line Manager & Chief Finance Officer Authorisation of Expenditure from Clients Monies Up to £2500 Service Manager (Level 4 Leader) Up to £20,000 Director of Finance Over £20,001 Chief Finance Officer All Capital Expenditure Approval of capital expenditure (acquisition or disposal of assets permanent or temporary) and disposal of assets Up to £100,000 Director of Property Up to £200,000 Director of Finance Up to £500,000 Chief Finance Officer Up to £5,000,000 Chief Executive on behalf of the Executive Board Above £5,000,000 Chief Executive on behalf of the Trust Board Version 7.0 Approved Board March 2017 32 Policy Ref No. SABP/GOVERNANCE/003 b) 3. Granting and termination of leases Up to £50,000 Finance Business Partner and / or Head of Financial Accounting Up to £100,000 Director of Finance Up to £200,000 Chief Finance Officer Above £200,000 Chief Executive Procurement Nominated Manager (Procurement, Estates, Maintenance and Pharmacy) £5,000 1 verbal quote £5,001 to £10,000 1 written quote £10,001 - £20,000 minimum 2 competitive quotes £20,001 - £100,000 minimum 3 competitive tenders (minimum 2 received) £100,001 and above minimum 5 tender invitations (minimum 2 received) OJEU threshold and above – full procurement process Version 7.0 Approved Board March 2017 33 Policy Ref No. SABP/GOVERNANCE/003 DELEGATED MATTER 4. Expenditure on Charitable and Endowment Funds Up to £1,000 Fund Manager Up to £10,000 per request Director of Finance Up to £20,000 per request 2 Signatories from: Chief Executive, Chief Finance Officer or Chair Over £20,001 per request 5. AUTHORITY DELEGATED TO REFERENCE DOCUMENTS SFIs Section 16 Chief Executive on behalf of the Trustees Income Contracts/Agreements/Licenses Any changes to income associated with health and social care services. a) Authorisation 6. Up to £100,000 Level 1 and Level 2 Leaders Up to £200,000 Director of Finance Up to £500,000 Chief Finance Officer Over £500,000 Chief Executive Losses, Write-off & Compensation SFIs Section 13 All losses and payments need to be reported. Version 7.0 Approved Board March 2017 34 Policy Ref No. SABP/GOVERNANCE/003 All payments above the limits specifiedbelow require Board approval a) Losses and Cash due to theft, fraud, overpayment and others Up to £5,000 Director of Finance Up to £20,000 Chief Finance Officer Over £20,000 Chief Executive b) Fruitless Payments (including abandoned Capital Schemes) Up to £250,000 Chief Executive or Chief Finance Officer c) NHS Bad Debts and Claims Abandoned. Up to £20,000 Director of Finance Up to £100,000 Chief Executive or Chief Finance Officer Over £100,000 Audit Committee Damage to buildings, fittings, furniture and equipment and loss of equipment and property in stores and in use due to: Culpable cause (eg fraud, theft, arson) or other up to £50,000 Chief Executive or Chief Finance Officer Compensation payments made under legal obligation Chief Executive or Chief Finance Officer Version 7.0 Approved Board March 2017 35 Policy Ref No. SABP/GOVERNANCE/003 Extra contractual payments to contractors Chief Executive or Chief Finance Officer Up to £50,000 a) b) Severance Payments to staff beyond contractual or statutory entitlements (NHSI & DOH approval required) Chief Executive, Chief Finance Officer, NHSI & DoH Ex Gratia Payments Up to £5,000 Director of Finance, Director of Workforce Up to £100,000 Chief Finance Officer Over £100,000 Chief Finance Officer Report to Audit Committee (via Losses and Compensations Procedure) Compensation arrangements For personal injury claims involving negligence where legal advice has been obtained and guidance applied. Up to £1,000,000 (including plaintiff’s costs) Chief Executive and Chief Finance Officer Other, except cases of mal-administration where there was no financial loss by claimant £50,000 Reported to Audit Committee for information All clinical negligence claims NHS Litigation Authority Version 7.0 Approved Board March 2017 36 Policy Ref No. SABP/GOVERNANCE/003 7. Write off of Non-NHS debtors Up to £10,000 Over £10,000 Chief Finance Officer Audit Committee New Business Development Opportunities Annual Tender Value Up to £100,000 p.a. Director of Innovation, Development & Therapies and Director of Finance Up to £1,500,000p.a. Chief Finance Officer & Director of Innovation, Development & Therapies Up to £5,000,000p.a. Chief Executive and Chief Finance Officer and Director of Innovation, Development and Therapies Over £5,000,000 p.a. Board of Directors Version 7.0 Approved Board March 2017 37 Policy Ref No. SABP/GOVERNANCE/003 Section 5 – SCHEME OF DELEGATION IMPLIED BY Standing Financial Instructions - TENDERING & QUOTATIONS Senior Officer Schedule SO REF DELEGATED TO Annex s3 Senior Officer List PURCHASING MANAGER & BUYER PURCHASING MANAGER AND A SENIOR OFFICER 1 BOARD MEMBER AND A SENIOR OFFICER Version 7.0 DUTIES DELEGATED Approved Board March 2017 Open Tenders by: All Directors All Associate Directors Head of Financial Management Head of Financial Services Purchasing Manager Open tenders in accordance with the Trust’s SFIs. Open tenders in accordance with the Trust’s SFIs. 38
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