Amendments to standing orders

Report: 11
Date: 24 September 2009
By: Chief Executive

Summary

The report asks members to approve a number of changes to the Authority’s Standing Orders. In particular it seeks the following:

• To amend the terms of reference of the Strategic and Operational Policing Committee and HR and Remuneration Sub-Committee (a sub-committee of the Communities, Equalities and People Committee).
• To make an addition to the terms of reference of the main committees to include the monitoring of MPS compliance with the Human Rights Act 1998.
• To amend the terms of reference of the Corporate Governance Committee and full Authority in relation to the final accounts.
• To amend the scheme of delegation in relation to Professional Standards matters.
• To approve amendments to the financial regulations, contract regulations and the scheme of delegation as considered by the Finance and Resources Committee.

A. Recommendation

That

1. the amendment to the terms of reference of the Strategic and Operational Policing Committee and HR and Remuneration Sub Committee as outlined in Section B paragraph 2 be approved;
2. the addition to the terms of reference of full Authority and the four main committees (Communities, Equalities and People, Finance and Resources, Corporate Governance and Strategic and Operational Policing Committees) as outlined in Section B paragraph 3 be approved;
3. the amendment to the terms of reference to Corporate Governance Committee and Full Authority as outlined in Section B paragraphs 5-6 be approved;
4. amendments to financial regulations, contract regulations and the scheme of delegation considered by Finance and Resources Committee on 17 September 2009 be approved; and
5. section 4.18 of the scheme of delegation be amended as outlined in Section B paragraph 10 be approved.

B. Supporting information

Amendment to Strategic and Operational Policing Committee and HR and Remuneration Sub-Committee

1. The current terms of reference of the Strategic and Operational Policing Committee (SOP) include:

‘To monitor MPS activity in relation to Employment Tribunals and grievances and to agree any proposed financial settlements’.

2. Since the development of the new committee structure in October 2008, it has been identified that the monitoring element of employments tribunals and grievances would better sit with the HR and Remuneration Sub-Committee. It is therefore proposed that the SOP Committee terms of reference be amended to read:

‘To agree financial settlements in relation to employment tribunals and grievances’

and that the following is added the following to the terms of reference of the HR and Remuneration Sub-Committee:

‘To monitor MPS activity in relation to employment tribunals and grievances’.

Addition to terms of reference: full Authority and main committees

3. It is also proposed that an addition be made to the terms of reference of full Authority and the CEP, Corporate Governance, Finance and Resources and SOP Committees as follows:

‘To contribute to the MPA’s statutory duty to monitor MPS compliance with the Human Rights Act 1998.’

4. The Police and Justice Act 2006 included an additional statutory duty for all police authorities to ’monitor the performance of the police force maintained for its area in complying with duties imposed on that force by the Human Rights Act 1998’ This provision was bought into effect on 14 March 2008 under the Police Authorities (Particular Functions and Transitional Provisions Order 2008. Whilst both police forces and authorities are already required to comply with the Human Rights Act 1998, the function of monitoring compliance is in keeping with the functions to promote equality and diversity. Each police authority can also choose how out carries out the duty in its particular area.

5. Each of the four committees have considered and agreed the proposed amendment to their terms of reference and recommend that it be ratified by the full Authority.

Amendment to terms of reference of the Corporate Governance Committee and Full Authority

6. Currently the Corporate Governance Committee is responsible for reviewing the Authority’s annual accounts and for making recommendations as appropriate to the Authority.

7. The Accounts and Audit Regulations 2003 (as amended by the Accounts and Audit (Amendment) (England) Regulations 2006) requires the Statement of Accounts to be considered by a committee of the relevant body or the Authority, and following consideration to be approved by a resolution of the relevant committee or Authority. Therefore it is proposed that the Corporate Governance Committee have responsibility for both consideration and approval of the accounts and that the terms of reference of Corporate Governance Committee and Full Authority be amended accordingly.

Amendments to financial regulations contract regulations and scheme of delegation

8. The proposed changes to financial regulations are minor, with amendments being made to add clarity and address new requirements. The main changes are summarised below.

1. Treasury Management – This section will be updated to ensure it aligns with the treasury management policy especially with regard to individual roles and responsibilities as recommended by the external independent specialist review into the investment of funds in Landsbanki.
2. Damage to property – A new section will be included to reflect delegation of authority with regard to ex gratia payments in respect of claims for loss or damage to property, as approved by Strategic and Operational Policing Committee in April this year. The scheme of delegation will also been amended accordingly.
3. Disposal of properties – This section will be amended to increase members’ oversight of property disposals. In future members will be presented with a schedule of all proposed disposals prior to the beginning of each financial year to which they relate. In addition Authority approval will be required for the disposal of any property felt to be of particular concern, and not just for properties with an estimated value of £1M or more.
4. Internal Audit – This section will be updated to clarify the role of internal audit and its roles and responsibilities and reporting requirements.

Amendment to contract regulations

9. An additional section has now been included clarifying the approval process for the early termination of contracts. Authority approval will now be required for the early termination of all contracts in excess of £5M.

Amendment to scheme of delegation

10. Following discussions between the Chief Executive and Chairman of the Professional Standards Cases Sub-Committee it is proposed that section 4.18 of the scheme of delegation be amended. The proposed amendment would allow the Chief Executive, in consultation Chairman of the Sub-Committee, to decide whether or not to record a complaint and in addition conduct matters against a senior officers. The proposed section would therefore read:

‘4.18 In consultation with the Chairman of the Professional Standards Cases Committee (or in his or her absence, the Vice Chairman of the sub-committee), the decision whether or not to record a complaint or conduct matter against a senior officer.’

C. Race and equality impact

There are no implications arising out to the propose changes to the Authority’s Standing Orders.

D. Financial implications

The report had no financial implications.

E. Legal implications

1. The legal implications are set out in the body of the report.

2. The proposed amendments to the MPA’s standing orders will require the approval of the Full Authority, in accordance with its terms of reference.

3. The MPA’s powers can be delegated to officers or a committee under s101(1) of the Local Government Act 1972, unless it is expressly prohibited by any legislation. The Full Authority may, notwithstanding delegation of power to a committee or to an officer still exercise that function itself.

F. Background papers

• None

G. Contact details

Report author(s): Nick Baker

For more information contact:

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

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