Office of the Police and Crime Commissioner Scheme of Governance 2012/2013
Contents Introduction 1 Key role of the PCC 2 General principles of delegation 3 Functions delegation to Deputy Police and Crime Commissioner (if appointed) 4 Functions designated to the Chief Executive, Office of the Police and Crime Commissioner 5 Functions designated to the Chief Finance Officer, Office of the Police and Crime Commissioner 6 Key Roles of the Chief Constable 7 Functions delegated to the Chief Constable s Chief Finance Officer 8 Urgent matters Appendix A Approval Limits 2
Office of the Police and Crime Commissioner Notes: 1 Within this document there are references to significant financial implications. These are items of spending of 500,000 or more which have either not been budgeted for, or relate to capital or revenue projects. 2 The Police Reform and Social Responsibility Act 2011 prohibits delegation to, amongst others, a constable and a member of staff of a constable. Therefore any delegation to the Force must be to police staff employed by the Police and Crime Commissioner, until such time when police staff are no longer under the employment of the Police and Crime Commissioner. 3. Nothing in this scheme is designed to restrict the operational independence of the Chief Constable. Introduction This Scheme of Governance details the key roles of the Police and Crime Commissioner, Chief Executive, Chief Constable and the Chief Finance Officers. The Police and Crime Commissioner and the Chief Constable are required, on an annual basis, to produce an annual governance statement. As part of this process each organisation should have a code of corporate governance which describes the strategies, arrangements, instruments and controls to ensure good governance in the two corporations sole. This scheme should be read along with Appendix A Approval Limits of this scheme, and other documents such as standing orders and financial regulations. This scheme refers to statutory officers. These officers are the Chief Executive, Chief Constable or Chief Finance Officers. The scheme also refers to authorised officers. These officers are defined within the Force s internal scheme of delegation, which is approved by the Police and Crime Commissioner. Standing orders and financial regulations also specify powers of the statutory officers, either individually or jointly. This scheme aims to clarify those powers which, for the benefit of good business practice, are given to the statutory officers. The Commissioner may limit these powers, consent to further powers, or remove these powers (apart from those powers that are given to the officers by law). This scheme sets out the delegations by the Police and Crime Commissioner to a Deputy Police and Crime Commissioner (if appointed), the Chief Executive, the Commissioner s Chief Finance Officer, the Chief Constable s 3
Chief Finance Officer and the authorised officers (as directed within the force s internal scheme of delegation). The Commissioner expects everyone exercising delegated powers under this scheme to draw attention to the Office of the Police and Crime Commissioner any issue of concern. A representative from the Office of the Police and Crime Commissioner will attend the Force s internal governance meetings to feed back key issues to the Chief Executive. The Chief Executive expects his representative attending the Force s internal Finance and Human Resources Governance meetings to refer any issues of concern back to him for discussion prior to a decision being made. In addition, the Commissioner is ultimately accountable for the police fund. Delegations for approvals relating to the police fund are set out in this scheme. This scheme provides a framework which makes sure the business is carried out efficiently, ensuring that decisions are not unnecessarily delayed. It forms part of the overall corporate governance framework of the two corporations sole. The Police and Crime Commissioner may set out reporting arrangements on any delegations set out in this Scheme. Powers are given to the Police and Crime Commissioner and the Chief Constable by laws, orders, rules or regulations. The powers given to the statutory and authorised officers should be exercised in line with the Police and Crime Commissioner s delegation, the law, standing orders and financial regulations, and also policies, procedures, plans, strategies and budgets. This Scheme of Governance does not identify all the statutory duties which are contained in specific laws and regulations. 1. Key Role of the Police and Crime Commissioner 1.1 The key roles of the Commissioner are to: secure the maintenance of the police force for the Greater Manchester area provide an efficient and effective police service for the Greater Manchester area setting the budget, and the precept (charges to be paid by the district councils in the Greater Manchester area), and allocate funds and assets to the Chief Constable. appoint and, if necessary dismiss the Chief Constable hold the Chief Constable to account on behalf of the people of Greater Manchester, ensuring he has regard to the Police and Crime Plan and the Strategic Policing Requirement, and codes of practice issued by the Secretary of State. 4
hold the Chief Constable to account for the effectiveness and efficiency of his/her arrangements for co-operation with other persons in the exercise of his/her functions, and arrangements for engagement with local people hold the Chief Constable to account for the exercise of his/her duties in relation to value for money, equality and diversity, safeguarding children and the promotion of child welfare set the strategic direction and objectives of the Greater Manchester Police service through the Police and Crime Plan, monitoring the performance of the force against the agreed priorities. scrutinise, support and challenge overall performance of the force. make crime and disorder reduction grants produce an annual report. have regard to statutory responsibilities i.e. Freedom of Information Act 2000, and all human rights and equality laws maintain an effective independent custody visiting scheme for monitoring facilities for people being held in custody; provide the local link between the police and communities, working to translate the legitimate desires and aspirations of the public into action. The Police and Crime Commissioner is the legal contracting body who owns all the assets and liabilities, with the responsibility for the financial administration of his/her office, and for ensuring the financial probity of the Force, including all borrowing and lending limits. Any consent given to the Chief Constable to acquire property (other than land and buildings) will be detailed in the financial regulations and standing orders relating to contracts. The Police and Crime Commissioner will receive all funding, including the government grant and precept, and all other sources of income, related to policing and crime reduction. All funding for the force must come via the Commissioner. How this money is allocated is for the Commissioner to decide in consultation with the Chief Constable, or in accordance with any grant terms. The Police and Crime Commissioner may appoint a deputy to exercise his/her functions, with the exception of those which can not be delegated as defined by the Police Reform and Social Responsibility Act, 2011. The Police and Crime Commissioner will be responsible for handling complaints and conduct matters in relation to the Chief Constable, monitoring complaints against police officers and staff, and complying with the requirements of the Independent Police Complaints Commission. 5
2 General principles of delegation 2.1 The Police and Crime Commissioner may ask that a specific matter is referred to him/her for a decision and not dealt with under powers of delegation. 2.2 The scheme does not attempt to list all matters which form part of everyday management responsibilities. 2.3 Giving delegation to statutory and authorised officers under this scheme does not prevent an officer from requesting advice from the Police and Crime Commissioner on a decision if they deem it necessary (for example, because of sensitive issues or any matter which may have significant financial/reputational implications). 2.4 When a statutory officer or authorised officer is considering a matter which falls within another statutory or authorised officer s responsibility, they should consult that officer before authorising the action. 2.5 All decisions statutory officers and authorised officers make under delegated powers given to them by the Commissioner must be recorded and be available for inspection by the Commissioner. 2.6 The statutory officers and authorised officers are responsible for making sure that members of staff they supervise comply with the provisions and obligations of this scheme. 2.7 The person appointed as the Chief Executive (who will also be the Monitoring Officer) and the Chief Finance Officers, have statutory powers and duties relating to their positions, and therefore do not rely on matters being delegated to them to carry these out. 2.8 The Scheme of Governance provides a statutory or authorised officer with the legal power to carry out duties on behalf of the Commissioner. In carrying out these duties the officer must comply with all other statutory and regulatory requirements and relevant professional guidance including: The Police and Social Responsibility Act 2011 and other relevant legislation issued under this Act. Financial Regulations Home Office Financial Management Code of Practice CIPFA Statement on the role of the Commissioner s and Chief Constable s Chief Finance Officers Contractual Standing Orders The Commissioner s governance framework The Commissioner s and Greater Manchester Police s employment policies and procedures, including national regulations or employment frameworks where these apply. 6
The Data Protection Act 1998 and the Freedom of Information Act 2000 Health and safety at work legislation and codes. The Public Contracts Regulations 2006 which implement the new public sector procurement directive (2004/18/EC). 2.9 When carrying out any duties, the Police and Crime Commissioner and the statutory and authorised officers must have regard to the following: The views of the people in Greater Manchester Any report or recommendation made by the Police and Crime Panel on the annual report for the previous financial year. The Police and Crime Plan and any guidance issued by the Secretary of State. (this list is a summary and is not exhaustive) 2.10 The Commissioner may appoint any person to carry out any function, with the exception of those listed below: Issuing the Police and Crime Plan Determining objectives in the Police and Crime Plan Calculation of budget requirements Appointment of the Chief Constable Making representations in relation to the appointment of Chief Officer posts Being consulted in relation to the appointment or removal of Chief Officer posts Suspension of the Chief Constable, or asking him or her to resign or retire Attendance at the Police and Crime Panel for specified duties Preparing the annual report Determining the annual Minimum Revenue Provision (MRP) Policy Statement Approval of the Treasury Management Policy and Strategy incorporating strategies for borrowing and investment Approval and amendment of Prudential Indicators The above list does not relate to the delegated functions that a Deputy Police and Crime Commissioner may carry out. Those functions are set out at section 3. below. 2.11 The Police and Crime Commissioner may give additional delegation to his/her officers under section 18 of the Police and Social Responsibility Act 2011. This scheme is a record of the formal delegations that are in effect at the time of its publication. The Commissioner s governance framework will be reviewed annually at the end of each financial year. However this does not prevent in year changes if the Commissioner considers it necessary. 7
2.12 To enable the Commissioner to exercise the functions of their office effectively they will need access to information, and officers and staff within their force area. This access must not be unreasonably withheld or obstructed by the Chief Constable, or restrict the Chief Constable s direction and control of the force. 2.13 The Commissioner has a wider responsibility than those solely relating to the police force, namely: the delivery of community safety and crime reduction the ability to bring together Community Safety Partnerships at a force level the ability to make crime and disorder reduction grants for their force area. a duty to ensure that all collaboration agreements with other local policing bodies and forces deliver better value for money and enhance the effectiveness of policing capabilities and resilience. the enhancement of the delivery of criminal justice in their area. 8
3. Functions delegated to the Deputy Police and Crime Commissioner Introduction 3.1 The Commissioner may appoint a deputy to exercise his/her functions (except those which can not be delegated; these are listed in paragraph 3.2). The Deputy Police and Crime Commissioner can give delegation to the Chief Executive to carry out any of those functions (with the exception of those listed in paragraph 2.10) in his/her absence (defined as leave or illness). 3.2 The Police and Crime Commissioner can not give delegation to his/her deputy to carry out the following functions: (a) issuing a police and crime plan; (b) appointing the chief constable, suspending the chief constable, or calling upon the chief constable to retire or resign; (c) calculating a budget requirement 9
4 Functions delegated to and key role of the Chief Executive, Office of the Police and Crime Commissioner Introduction The Chief Executive is the head of the Police and Crime Commissioner s staff, and is also the Monitoring Officer for the Commissioner. The formal delegations, listed below, are those given to the Chief Executive, which are in effect at the time of the publication of the scheme. General 4.1 To act as monitoring officer under section 5(1) of the Local Government and Housing Act 1989. 4.2 Prepare the police and crime plan in consultation with Greater Manchester Police for submission to the Commissioner. 4.3 Prepare an annual report for submission to the Commissioner. 4.4 Provide information to the Police and Crime Panel, as reasonably required to enable the panel to carry out its functions. 4.5 To sign all contracts on behalf of the Commissioner (and Deputy Commissioner if appointed) in accordance with any decisions either has made. 4.6 To consider whether, in consultation with the Chief Finance Officer to the Police and Crime Commissioner, to provide indemnity to the Police and Crime Commissioner (and Deputy Commissioner if appointed) in accordance with the Local Authorities (Indemnities for Members and Officers) Order 2004 and to deal with or make provision to deal with other matters arising from any proceedings relating to them. 4.7 To consider and approve, in consultation with the Chief Finance Officer to the Police and Crime Commissioner, provision of indemnity and/or insurance to individual staff of the Commissioner in accordance with the Local Authorities (Indemnities for Members and Officers) Order 2004. Financial 4.8 The financial management responsibilities of the Chief Executive are set out in the financial regulations. 4.9 To manage the budget of the Police and Crime Commissioner s office, along with the Chief Finance Officer, particularly to: 10
order goods and services and spend on items provided for in the revenue budget. ask for and accept quotations and tenders for goods and services provided for in the revenue budget manage, along with the Commissioner s Chief Finance Officer, any spend on capital schemes originated by the Commissioner. 4.10 As specified in the financial regulations, to fix fees for copies of documents, and to approve the use of goods seized or unclaimed lost property. 4.11 To sign cheques on behalf of the Commissioner and Deputy Commissioner (if appointed) in consultation with the Commissioner s Chief Finance Officer. Human Resources 4.12 To appoint and dismiss, in consultation with the Police and Crime Commissioner, employees who are under the direction and control of the Police and Crime Commissioner, but not those who are under the direction and control of the Chief Constable. 4.13 To make recommendations to the Police and Crime Commissioner with regard to the terms and conditions of employment of those employed by the Police and Crime Commissioner, in consultation with the Chief Finance Officer, but not those who are under the direction and control of the Chief Constable.. 4.14 To undertake the management of staffing resources for all staff employed by the Police and Crime Commissioner (and not under the direction or control of the Chief Constable) in line with agreed policies and procedures. 4.15 Settlement of employment tribunal cases and grievances of staff under the direction and control of the Police and Crime Commissioner with the exception of those cases where: it may involve a high profile claimant there is a particular public interest in the case there is a risk that the Police and Crime Commissioner or Greater Manchester Police will be exposed to serious public criticism or serious weaknesses in the organisation or polices and procedures will be revealed. 4.16 To process all ill health retirement appeals made by police officers, for consideration by the Commissioner and/or Deputy, and to implement 11
the subsequent awards made, in line with the provisions of the Police and Pensions Regulations, subject to second stage transfer. 4.17 To settle appeals against decisions of the Senior Administrator of the Local Government Pension Scheme, in line with the Occupational Pension Schemes (Internal Dispute Resolution Procedures) Regulations 1996, in respect of staff not under the direction and control of the Chief Constable. 4.18 To appoint Independent Custody Visitors and terminate appointments if necessary. Other 4.19 To affix the common seal of the Police and Crime Commissioner: on all contracts, agreements or transactions in respect of which there is no consideration that relate to the provision of goods and services by the Police and Crime Commissioner to another body and which are 500,000 or above in value over the life of the contract which grant or convey an interest in land which are grants that are 500,000 or above when it is determined by the Police and Crime Commissioner (or Deputy Police and Crime Commissioner if appointed) there is a particular need for the seal to be attached. 4.20 To sign, on behalf of the Commissioner, any indemnity needed to enable him/her to perform any legal duties. However, if giving an indemnity could have significant financial implications, that indemnity can only be signed with the approval of the Commissioner s Chief Finance Officer. 4.21 To authorise people to make, defend, withdraw or settle any claims or legal proceedings on the Police and Crime Commissioner s behalf, in consultation with a legal advisor (and both Chief Finance Officers if there is significant financial implications). 4.22 To consider, with the Police and Crime Commissioner, any complaint made against the Chief Constable, and where appropriate, to make arrangements for appointing a person to investigate the complaint. 4.23 To respond to consultations on proposals affecting the Police and Crime Commissioner, if necessary, after first taking the views of the Commissioner, the Chief Finance Officers and/ or the Chief Constable, as appropriate. 4.24 To get legal or other expert advice and to appoint professionals whenever this is considered to be in the Office of the Police and Crime Commissioner s best interests and for his/her benefit as office holder. 12
4.25 To make arrangements to institute, defend or participate in any legal proceedings in the name of the Police and Crime Commissioner in any case where such action is necessary. 4.26 To make sure, in consultation with the Chief Constable, appropriate arrangements are made to gather the community s views on the policing of Greater Manchester and preventing crime. 13
5 Functions delegated to and key role of the Chief Finance Officer, Office of the Police and Crime Commissioner Introduction The Scheme of Governance identifies the role of the Chief Finance Officer. As the financial adviser to the Police and Crime Commissioner there is a statutory responsibility to manage his/her financial affairs as set out in sections 112 and 114 of the Local Government Finance Act 1988, and the Accounts and Audit (England) Regulations 2011. The Chief Finance Officer must ensure that the financial affairs of the Commissioner, and the force are properly administered having regard to their probity, legality and appropriate standards. In conjunction with the Chief Finance Officer of the force, he/she will report any financial issues or failures of control to the Commissioner/Chief Constable as appropriate. The Deputy Chief Finance Officer is authorised to undertake the functions of the Chief Finance Officer in his/her absence as directed by the Chief Executive. The formal delegations, listed below, are those given to the Chief Finance Officer, which are in effect at the time of the publication of this scheme. 5.1 To approve and monitor the arrangements for the treasury management function, including the day to day management, the production of the treasury management strategy, supporting policies and procedures, the production of the minimum revenue provision statement and the prudential indicators. 5.2 To approve the arrangements for securing and preparing the Commissioner s accounts, and the consolidated accounts, and seek assurances that there are appropriate arrangements in place for the preparation of the force s accounts. 5.3 To seek assurances that there are appropriate arrangements in place within the force for its financial management. 5.4 To be responsible for all banking arrangements, together with creating, closing or authorising all bank accounts. 5.5 To undertake the day to day financial management of the Commissioner s revenue and capital budgets. 5.6 To commit expenditure within the approved budget to meet the policies and objectives agreed with the Commissioner and reflected in the Police and Crime Plan. 14
5.7 To manage the financial arrangements in relation to any grants awarded by the Commissioner or Deputy Commissioner (if appointed). 5.8 To be responsible for investing and borrowing money, as necessary, in line with the treasury management strategy. 5.9 To authorise payments, without having to get approval and regardless of whether or not provision has been made in the revenue budget in relation to: payments we have to make by law payments ordered by the court payments due under any lawful agreement entered into by the Commissioner. 5.10 To act as Money Laundering Reporting Officer under the Proceeds of Crime Act 2002 and Money Laundering Regulations 2003. 5.11 To sign cheques of behalf of the Commissioner or Deputy Commissioner, (if appointed) in consultation with the Chief Executive. 5.12 To prepare and annually review draft financial and contract regulations, in consultation with the force, for approval by the Commissioner, or Deputy Commissioner, if appointed. 5.13 To determine when all other assets are surplus to requirements or obsolete and arrange for disposal in line appendix A. 5.14 Provide for an adequate and effective internal audit service in accordance with the relevant legislation and Codes of Practice. 5.15 To report to the Commissioner and the external auditor any unlawful or potentially unlawful spending by any police officer or employee regardless of whose direction and control that person is under. 5.16 To ensure that the office is represented at joint Commissioner/Force financial meetings (currently Resources Board, Revenue Review Group, Capital Action Team and Finance and Insurance Working Group) and any relevant new or successor groups, and that information from such meetings is fed back to the Commissioner s office. 15
6. Key Role of the Chief Constable Introduction In accordance with Section 2 (5) of the Police Reform and Social Responsibility Act 2011, the Chief Constable will exercise the power of direction and control in such a way as is reasonable to assist the Greater Manchester Police and Crime Commissioner to exercise his functions. The Chief Constable is responsible for maintaining the Queen s peace and has direction and control over the Force s officers and staff as set out in the policing protocol. The Chief Constable is accountable by law for the exercise of police powers, and to the Police and Crime Commissioner for the delivery of efficient and effective policing, and management of resources and expenditure by the police force. The key role of the Chief Constable: 6.1 To lead the force in a way that is consistent with the attestation made by all constables on appointment and ensuring that it acts impartially. 6.2 To support the Police and Crime Commissioner in the delivery of the strategy and objectives set out in the Police and Crime Plan. 6.3 To provide the Commissioner with access to information, officers and staff as required. 6.4 To have regard to the Strategic Policing Requirement when exercising and planning their policing functions in respect of their Force s national and international policing responsibilities. 6.5 To notify and brief the Commissioner of any matter or investigation on which he/she may need to provide public assurance either alone or with the Commissioner (all Police and Crime Commissioners will be designated as Crown Servants under the Official Secrets Act 1989(a) making them subject to the same provisions in relation to sensitive material as Government Ministers). 6.6 Being the operational voice of policing in the force area, and regularly explaining to the public the operational actions of officers and staff under their command. 6.7 To enter into collaboration agreements with other Chief Constables, other policing bodies and partners that improve the efficiency or effectiveness of policing, and with the agreement of their respective Commissioners. 16
6.8 To remain politically independent of their Police and Crime Commissioner. 6.9 To manage all complaints against the Force, its officers and employees who are under the direction and control of the Chief Constable, except in relation to him/herself, and to ensure that the Commissioner is kept informed to enable him/her to discharge their statutory obligations in relation to complaints on a quarterly basis. Serious complaints and conduct matters (as defined in the Police Reform Act 2002 and the Police (Complaints and Misconduct) Regulations 2012) must be passed to the Independent Police Complaints Commission. If the complaint relates to a non-conduct matter, the Commissioner can direct the Chief Constable to look into the issue. 6.10 To make necessary arrangements to involve and work with communities and partner organisations in order to solve local policing problems. This list is not exhaustive. 17
7. Functions delegated to and key role of the Chief Finance Officer under the direction and control of the Chief Constable Note The delegations set out below must be set out in more detail within the force s Scheme of Delegation. That Scheme must identify the relevant posts (authorised officers) with delegated authority from the Police and Crime Commissioner to carry out these functions. Financial 7.1 To ensure that the financial affairs of the Chief Constable of Greater Manchester Police are properly administered having regard to probity, legality, and appropriate standards. 7.2 To assist the Police and Crime Commissioner in planning the force s budget. 7.3 To undertake the day to day management of the budget delegated to them in accordance with financial regulations, and to account to the Chief Constable and Commissioner for the day to day management of those funds. 7.4 To approve business cases for revenue and capital expenditure below 500,000 that are not already included in the delegated budget. The Commissioner s Chief Executive and Chief Finance Officer should be notified of any expenditure between 100,000 and 499,000. 7.5 Commit expenditure within the approved budget to meet policies and objectives agreed with the Commissioner and reflected in the Police and Crime Plan. 7.6 In accordance with financial regulations, transfer or move budgets between budget headings, on a permanent or temporary basis for all individual amounts below 500,000, notifying the Commissioner through the budget monitoring process. 7.7 Undertake the day to day management of the insurance function in line with the strategy approved by the Commissioner on an annual basis. 7.8 To be responsible for managing the payroll, pensions, accounts payable and accounts receivable systems within Greater Manchester Police. 7.9 To keep the Commissioner informed of how the approved capital programme and revenue budget are put into effect on at least a quarterly basis. 18
Procurement 7.10 Undertake the day to day management of the procurement function in accordance with the contractual standing orders. Property 7.11 To undertake the day to day management of all assets used by Greater Manchester Police. Human Resources 7.12 To manage, as far as is allowed by government directives, the numbers, locations, duties, ranks and grading of police staff and police officers within the overall workforce budget approved by the Police and Crime Commissioner (except for posts above the rank of Chief Superintendent and police staff equivalent which the Commissioner should be consulted on). 7.13 To appoint all Greater Manchester police officers and staff under the direction and control of the Chief Constable (after consultation with the Police and Crime Commissioner on posts above the rank of Chief Superintendent or police staff equivalent). 7.14 To authorise, in line with police staff terms and conditions of employment, the suspension or dismissal of any staff under the direction and control of the Chief Constable. 7.15 To approve the retirement of police staff, in the interests of the efficiency of the service at the Human Resources Governance Panel at which the Office of the Police and Crime Commissioner are represented. 7.16 To approve the appointment or secondment of police officers for central services or overseas duty. 7.17 In line with the terms of any approval given by the Secretary of State, to grant leave with pay, and the payment of appropriate fees and charges, for police officers chosen to take degree courses at university. 7.18 To bring national agreements on salaries, wages and conditions into effect on the clear understanding that any issues which have major financial implications will be referred to the Police and Crime Commissioner for a decision. 7.19 To approve payments under any bonus or performance-related payment schemes approved by the Police and Crime Commissioner, honoraria payments made for taking on extra duties and responsibilities, or similar special payments. These matters to be 19
approved at the Human Resources Governance Panel at which the Office of the Police and Crime Commissioner are represented. 7.20 To negotiate with, and reach agreements with, recognised trade unions and staff associations on any matters that can be decided locally. These matters will be reported through the Human Resources Governance Panel at which the Office of the Police and crime Commissioner is represented 7.21 To grant essential or casual car-user allowances. 7.22 To determine which police staff posts are politically restricted under the relevant legislation. These matters to be agreed at the Human Resources Governance Panel at which the Office of the Police and Crime Commissioner are represented 7.23 To approve the retirement of police officers and police staff up to and including the rank of Chief Superintendent, or police staff equivalent, on the grounds of ill health, and the payment of ordinary and ill-health pensions and other payments, as appropriate, following advice from the Force Medical Examiner or a medical practitioner. However, the Police and Crime Commissioner must be consulted on the retirement of police officers and police staff above the rank of Chief Superintendent and equivalent police staff grades. All ill-health retirements to be reported through the Human Resources Governance Panel at which the Office of the Police and Crime Commissioner are represented. 7.24 To provide financial assistance to police officers (and, if considered appropriate, all persons acting under the direction and control of the Chief Constable) in legal proceedings taken by or against them, as long as they act in good faith and exercise reasonable judgement in performing their police duties (subject to applications made using the financial assistance process). This action must be taken in line with Home Office guidance. Legal 7.25 To provide quarterly reports to the Commissioner on the financial settlement of all claims. Those authorised officers set out in the Force s Scheme of Delegation have delegated authority to approve requests for compensation from members of the public, police officers and police staff, inaccordance with the limits detailed in Appendix A. 7.26 Institute, defend or participate in legal actions to protect the interests of Chief Constable of Greater Manchester Police and the Office of the Police and Crime Commissioner, in consultation with the Chief Executive where the Commissioner s office is involved. 20
7.27 Provide advice, institute and defend legal proceedings on behalf of the Police and Crime Commissioner when requested to do so, in consultation with the Chief Executive. 7.28 Settlement of employment tribunal cases of staff and officers under the direction and control of the Chief Constable. All employment tribunal cases will be discussed at the Force s Human Resources Governance Panel, at which a representative of the Commissioner s office will be in attendance, and will have the opportunity to refer cases back to the Chief Executive for approval. Other 7.29 To sign all contracts on behalf of the Police and Crime Commissioner, irrespective of value, once they have been properly approved in accordance with this Scheme of Governance, except those which are required to be executed under the common seal of the Police and Crime Commissioner. In these cases the Chief Executive is authorised to sign and affix the seal. 7.30 To exercise the powers and duties of the Police (Property) Regulations 1997 by: authorising, where appropriate, requests to donate unclaimed lost property to charity; and approve the keeping of unclaimed lost property if it can be put to good use for police purposes. 7.31 To determine when all other goods are surplus to requirements or obsolete and arrange for their disposal in line with financial regulations. 7.32 To buy or lease, in the name of the Commissioner (via an operating lease) assets needed to deliver operational policing in line with the approved budget and contractual standing orders. The Commissioner s Chief Finance Officer must be consulted before any lease is agreed. 7.33 To make necessary arrangements to involve and work with communities and partner organisations in order to solve local policing problems. 21
8 Urgent matters 8.1 If any matter which would normally be referred to the Police and Crime Commissioner (or Deputy Police and Crime Commissioner (if appointed) for a decision arises and cannot be delayed, the matter may be decided by a statutory officer. 8.2 The statutory officers authorised to decide urgent matters are: the Chief Executive (all issues other than operational matters); either Chief Finance Officer (financial and related issues) the Chief Constable (operational issues affecting Greater Manchester police service). 8.3 Urgent decisions taken must be reported to the Police and Crime Commissioner within seven days of the decision being made. (Note: This document also refers to sensitive issues. These are unusual or exceptional circumstances which have arisen as a result of a risk assessment based on the PESTELO (Political, Economic, Social, Technological, Environmental, Legal, Organisational) method). 22
Appendix A DELEGATED LIMITS (NOTE: A representative of the Office of the Police and Crime Commissioner will attend the force s internal governance meetings to feed back key issues to the Commissioner.) SECTION 1 Financial Planning The budget estimates shall identify all proposed individual major revenue projects. A major revenue project shall be defined as one in excess of the estimated value shown below: 500,000 Any major revenue projects (as defined above) that are identified during the year will need the approval of the Commissioner unless they are included in the original revenue budget. Budgetary Control Major projects need not be referred back to the Police and Crime Commissioner for further approval unless, the cost of the scheme exceed the limits shown: Cost of project varies from approved estimate by lesser of 10% or 500,000. Budget Transfers Monthly budget monitoring statements will be shared with the Commissioner s Chief Finance Officer. All significant variations (between 100,000 and 500,000) to the approved revenue budget shall be agreed by the Commissioner s Chief Finance Officer. All variations over 500,000 will be reported to the Commissioner for approval. Voluntary Early Retirement and Redundancy Payments All voluntary early retirement and redundancy payments will be approved by the Force s Human Resources Governance Panel, at which the Office of the Police and Crime Commissioner will have a representative in attendance. Payments (including capitalised pension costs) exceeding 100,000 for an individual employee will be approved by the Chief Executive. Exgratia payments All ex gratia payments will be approved by the Force s Human Resources Governance Panel, at which the Office of the Police and Crime Commissioner 23
will have a representative in attendance. Payments exceeding 100,000 for an individual employee will be approved by the Chief Executive. Capital Programme The Chief Constable shall notify the Commissioner s Chief Finance Officer of all proposed property leases or renewals before any agreement is made. Detailed estimates for each scheme in the approved capital programme shall be prepared by the responsible officer before tenders are sought or commitments made. Schemes need not be referred back to the Commissioner for further approval unless the cost of the scheme exceeds the limits shown below: Cost of project varies from approved estimate by lesser of 10% or 500,000. SECTION 2 Risk Management The Chief Constable s Chief Finance Officer (and those authorised officers specified in the Force s Scheme of Delegation, and inaccordance with the terms of that scheme) shall be authorised to settle civil claims up to the value shown below: 50,000 Claims that require settlement in excess of 50,000 should be settled in consultation with the Chief Executive. Consideration needs to be given to the overall legal costs prior to settling any claim. Assets The Commissioner shall maintain an asset register for all fixed assets with a value in excess of the limits shown below: Land & Buildings - All values Vehicles - All values Plant & Equipment - 10,000 The Chief Constable and Chief Executive shall maintain inventories of all computers and personal equipment issued to officers within their own office. Discrepancies between the actual level of stock and the book value of stock may be written off by the Chief Constable s Chief Finance Officer up to the level shown below. Amounts for write off above this value must be referred to the Commissioner s Chief Finance Officer for approval. Individual items 10,000 Overall annual limit on all stock 100,000 24
Obsolete stock, or equipment and materials surplus to requirements may be written off by the Chief Constable s Chief Finance Officer up to the level shown below. Amounts for write off above this value must be referred to the Commissioner s Chief Finance Officer for approval. Individual items 10,000 Overall annual limit on all stock 100,000 Disposals of land and buildings are to be reported to the Commissioner for his/her approval. The Commissioner will determine the appropriate method of disposal of surplus land and buildings. The Chief Constable s Chief Finance Officer may dispose of surplus vehicles and items of equipment up to the estimated value shown below. Disposals above this value are to be reported to the Commissioner for prior approval. Equipment 10,000 Vehicles 10,000 Items above the estimated value shown below shall be disposed of by public auction or sealed bids after advertisement. SECTION 3 Irrecoverable Debt Equipment 20,000 Vehicles 20,000 Individual amounts may be written off by the Chief Constable s Chief Finance Officer or the Commissioner s Chief Finance Officer up to the level shown below. Amounts for write off above this value must be referred to the Commissioner s Chief Finance Officer for approval. Theft and Fraud 10,000 All cases where write off action results from theft or fraud shall be referred to the Commissioner s Chief Finance Officer and the Chief Constable s Chief Finance Officer for approval up to a maximum of 10,000 and to the Commissioner for approval of amounts in excess of that sum. Ordering of Goods and Services Quotations shall be obtained or tenders invited from suppliers or contractors in accordance with the requirements set out in the Contractual Standing Orders. 25
SECTION 4 External Funding The Chief Constable will report to the Police and Crime Commissioner where the force has identified and pursued external funding in excess of the amount below: 250,000 The Chief Constable s Chief Finance Officer may enter into arrangements under which the Commissioner receives sponsorship up to the level shown below. 10,000 Sponsorship arrangements above this value are to be reported to the Commissioner s Chief Finance Officer for prior approval. Any external funding/sponsorship received must be reported to the Police and Crime Commissioner, for information, on a quarterly basis. 26