Decision details

This is a decision to make changes, to correct minor errors and resolve inconsistencies, to the Constitution.

The Scheme of Delegation to Officers authorises Directors and Executive Directors to take procurement-related decisions, including:

• To award contracts; and
• To exercise an option to extend a contract.

All officer decisions are subject to the Key Decision threshold, currently £2.2m. However, this limit does not apply where Cabinet has previously approved (for example when approving to commence a procurement process) the contract value and/or that a contract may be extended for a certain length of time or cost.

To clarify this distinction in the Scheme of Delegation to Officers, to avoid misinterpretation, and to prevent decisions unnecessarily being taken by Cabinet twice, section 9.52 of the Scheme of Delegation to Officers will be amended to add the italicised text below:

• Paragraph 36: "The award of contracts (including the selection of a contractor from a framework). The thresholds listed do not apply where Cabinet has already approved the contract value at the commencement of a procurement process."

• Paragraph 37: "To exercise an option to extend a contract where the amount or duration has not previously been approved by Cabinet".

The Scheme of Delegation to Officers also reserves to the Executive Director of Resources (Chief Financial Officer) the power to write off debt owed to the council. However, this is impractical for the small values which may be required to be written off. These decisions only require the Chief Financial Officer's approval when a debt needs to be written off other than in accordance with the council's Debt Management Policy. Therefore, section 9.52, paragraph 9 of the Scheme of Delegation to Officers will be amended to add the following italicised text: "To agree to write off a debt owed to the Council, other than in accordance with the council's Debt Management Policy."

Finally, section 9.51 of the Scheme of Delegation to Officers requires amendment to reflect the updated management structure of the council, as follows:

• Executive Director of Resources: Finance and Commerce, People, Law and Governance, Strategy and Transformation, and Digital.
• Director of Finance and Commerce: Financial Management, Corporate Finance and Accounting, Commercialisation, Procurement, Payroll, Pension Fund, Asset Management and Facilities Management.
• Director of Strategy and Transformation: Business Intelligence, Strategy and Policy, Change, and Communications and Public Affairs.

Heloise MacAndrew, Director of Law and Governance, took a decision to make the following changes to the council's Constitution, to correct an error or resolve an inconsistency:

i)  For clarification, to amend Section 9.52, paragraph 36 (Scheme of Delegation to Officers) to: "The award of contracts (including the selection of a contractor from a framework). The thresholds listed do not apply where Cabinet has already approved the contract value at the commencement of a procurement process."

ii)  For clarification, to amend section 9.52, paragraph 37 (Scheme of Delegation to Officers) to: "To exercise an option to extend a contract where the amount or duration has not previously been approved by Cabinet".

iii)  For clarification, to amend section 9.52, paragraph 9 (Scheme of Delegation to Officers) to: "To agree to write off a debt owed to the Council, other than in accordance with the council's Debt Management Policy."

iv)  For accuracy, to amend section 9.51 (Scheme of Delegation to Officers) so the areas of responsibility for the Executive Director of Resources, Director of Finance and Commerce, and Director of Strategy and Transformation are corrected.