Amendment to Standing Orders

Report: 10
Date: 25 October 2007
By: Chief Executive

Summary

In July 2007 the Professional Standards Cases Sub Committee agreed to delegate decision making in some police pension forfeiture cases to the Deputy Chief Executive and Solicitor to the Authority, in consultation with the Chair of the Sub Committee, without reference to Sub Committee members. Such a decision requires an amendment to Standing Orders.

The report was considered by the Professional Standards and Complaints Committee on 14 September 2007 and the Committee recommended to the full Authority to approve the amendment to the Authority’s Standing Orders.

Members are also asked to agree an amendment to the Financial Regulations and an amendment to contract regulations.

A. Recommendation

 That

1. approval be given to the proposed amendment to Standing Orders, as recommended by the Professional Standards and Complaints Committee;
2. approval is given to the substitution of paragraph 11 of financial regulations; and
3. approval is given to amended paragraph 3.3 of the contract regulations

B. Supporting information

1. On 19 July 2007, the Professional Standards Cases Sub Committee agreed that in police pension forfeiture cases where it was clear that no application could be made to the Home Secretary for a certificate of forfeiture that such a decision should be delegated to the Deputy Chief Executive and Solicitor to the Authority, in consultation with the Chair of the Sub Committee, without reference to Sub Committee members.

2. The Deputy Chief Executive had cited as an example a report from the MPS concerning an officer who had been imprisoned for various offences that were unconnected with his service. If the case were submitted to the Sub Committee he would, under Police Pensions Regulations, have to recommend that no application be made to the Home Secretary for a certificate of forfeiture. Rather than waste members time in reading such cases, he had therefore suggested the approach above.

3. It is therefore suggested that an addition be made to Part C of the ‘MPA scheme of delegation of powers to the officers’, under paragraph 5 ‘Powers delegated to the Deputy Chief Executive’ to add the following paragraph:

5.2 In consultation with the chair of the Professional Standards Cases Sub Committee, but without reference to the Sub Committee, to make the decision to take no further action in police pension forfeiture cases where it is clear that no application for a certificate can be made to the Home Secretary.

Financial and Contract Regulations

4. At the Authority meeting in June, members approved the Authority’s standing orders. However, in relation to the financial regulations of Standing Orders (paragraph 11) it has been noticed that there is information within this paragraph which is incorrect and needs to be amended.

5. Paragraphs 11 of financial regulations currently states:

‘11. The Director of Strategic Finance shall, on behalf of the Commissioner, report to the Authority for its approval of all cases where it is proposed to enter into contract for the acquisition of freehold or leasehold interest in property with a ‘total value of £1m or less’

6. Members are asked to agree to replace this paragraph 11 with the following:

‘11. The Director of Strategic Finance shall, on behalf of the Commissioner, report to the Authority for its approval of all cases where it is proposed to enter into contract for the acquisition of freehold or leasehold interest in property with a ‘total value of £1m or more’

7. Paragraph 3.3 of contract regulations currently states:

“For all Contracts over £40,000 where an exemption is necessary because of an unforeseeable emergency involving immediate risk to persons, property or serious disruption to Authority services, the Authorised Representative and the Director of Strategic Finance may jointly approve the exemption but they must prepare a report for the next Authority meeting to support the action taken.”

8. The Director of Strategic Finance has raised concerns that the current drafting of the regulation could slow the process down. Members are therefore asked to agree to replace this paragraph with the following:

“For all Contracts over £40,000 where an exemption is necessary because of an unforeseeable emergency involving immediate risk to persons, property or serious disruption to Authority services, the Director of Strategic Finance may approve the exemption but must prepare a report for the next Authority meeting to support the action taken.”

C. Race and equality impact

The proposed change to Standing Orders has no race and equality impact.

D. Financial implications

The proposed change to Standing Orders has no financial implications.

E. Background papers

None

F. Contact details

Report authors: Nick Baker/Ruth Hastings Iqball

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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