Board Meeting - Health Education England
Transcription
Board Meeting - Health Education England
Board Meeting Meeting Date Report Title Paper Number Report Author Lead Director FOI Status 21 April 2015 Establishing HEE as a Non-Departmental Public Body HEE Apr 15.5 Mike Jones, Head of Governance & Corporate Secretary Lee Whitehead, Director of People and Communications Applicable Report Summary This paper provides a summary of key governance decisions required as a consequence of HEE becoming a NonDepartmental Public Body. Approval X To Note Decision The Board is asked to approve: core governance documents; appointment of Local Education and Training Boards as specified; adoption of existing policies and procedures, and note: agreed Executive Board membership; and assurance regarding relevant HR activity. Purpose (tick one only) Recommendation Strategic Objective Links Identified risks and risk management actions Resource implications Support to NHS Constitution Legal implications including equality and diversity assessment HEE’s status change is a legislative requirement. It is essential that HEE as a new statutory body agrees core governance measures to regulate its business activities and ensure probity. None. The values of the NHS Constitution are integral to and underpin all HEE activity. The Care Act 2014 defines the requirement for HEE to become a Non-Departmental Public Body. 1 Introduction 1. Health Education England (HEE) was originally established as a Special Health Authority (SpHA) on 28 June 2012. The Care Act 2014, which came into force in May 2014, stipulates that HEE should be established as an Executive NonDepartmental Public Body (NDPB). Supporting secondary legislation to give effect to the provisions in the Act was prepared and Statutory Instruments laid in Parliament in December 2014; with these having passed into law, HEE was established as a NDPB on 1 April 2015. 2. The HEE Regulations, together with the Commencement Order which gives effect to the powers in the Care Act 2014, that were laid in December 2014 came into effect on 1 April 2015 thereby establishing HEE as a NDPB. The following legislation is relevant and applicable: • • • The Care Act 2014(Commencement No.3) Order 2014 SI 2014 3186 The Health Education England Regulations 2014 SI 2014 3215 The Health Education England (Transfer of Staff, Property and Liabilities) Order 2014 SI 2014 3218 3. As a consequence of its new statutory basis, HEE is legally established as a new body so it is a requirement that the HEE Board (NDPB) must therefore agree its core governance arrangements as outlined below – even where these arrangements may be largely unchanged from those that were in place for HEE as a SpHA. Executive Board member appointments 4. The Care Act 2014, Schedule 5 – Health Education England, Part 1 – Constitution, stipulates that the Chair and Non-Executive Directors of HEE are responsible for appointing the Chief Executive and other Executive Director members of the HEE Board. 5. Accordingly, the Chair and Non-executive Directors met in their capacity as statutory Directors of HEE on 1 April 2015 and agreed the following Executive Director Board membership: • • • Professor Ian Cumming OBE as Chief Executive; Steve Clarke as Director of Finance; Professor Wendy Reid as Director of Education and Quality and Medical Director; 2 • • Professor Nicki Latham as Director of Performance and Development; and Jo Lenaghan as Director of Strategy and Planning 6. In addition, Una O’Brien, Permanent Secretary and Principal Accounting Officer for the Department of Health, has provided written confirmation of Ian Cumming’s designation as Accounting Officer for HEE operating as a NDPB (in succession to his previous fulfillment of the same role for HEE operating as a Special Health Authority), with effect from 1 April 2015. Corporate governance policies 7. HEE was originally established as a Special Health Authority (SpHA) on 28 June 2012. This was done using the Secretary of State for Health’s powers as defined in the NHS Act 2006. HEE as a SpHA ceased to exist on 31 March 2015: HEE as a NDPB came into force the following day. 8. As a new legal entity, the HEE Board requires Standing Orders, a Scheme of Delegation and Standing Financial Instructions to regulate its decision making, ensure due process is applied and provide assurance that systems of internal control are in place. 9. The following documents are appended to this paper as: Annex A: Standing Orders, including Terms of Reference for Board committees Annex B: Standing Financial Instructions: these include updated reference to EU procurement changes Annex C: Scheme of Delegation All documents have been amended to reflect HEE’s new statutory basis (references to Authority replaced by Body where appropriate), as well as structural changes resulting from the recent Beyond Transition programme. 10. It is recommended that the HEE Board as successor body corporate approves these documents. Declarations of interest 11. HEE Board members have completed revised declarations of interest to reflect the fact that they are now members of the HEE NDPB Board, rather than the HEE SpHA Board. 3 Appointment of Local Education and Training Boards 12. HEE has 13 Local Education and Training Boards (LETBs), each covering a specific geographical area. These were originally established as committees of the HEE SpHA Board. These are known respectively as Health Education (HE); East of England; East Midlands; West Midlands; Kent, Surrey and Sussex; North Central and East London; North West London; South London; South West; Thames Valley; Wessex; North East; North West; and Yorkshire and the Humber. 13. HEE as a NDPB must appoint LETBs, as defined in the Care Act 2014, Part 3 – Health, Chapter 1 – HEE, Section 103 (1): LETBs. 14. The HEE Regulations (SI 2014 3215) specify that each LETB must include three members with clinical expertise as follows: a. One person with clinical expertise in a profession regulated by the Medical Act 1983. b. One person with clinical expertise in a profession regulated by the Nursing and Midwifery Order 2001 c. One person with clinical expertise in another regulated profession. 15. All LETBs are already compliant with these membership requirements, or expected to be by 1 July 2015. Where LETB membership is not currently compliant, HEE will exercise its powers (defined in Care Act 2014, Part 3, Chapter 1, HEE: 104 (8): LETBs: appointments) by appointing HEE employees who have the requisite expertise and registration to ensure LETB meetings occur with adequate clinical representation. 16. On this basis, the HEE Board is asked to agree appointment of its LETBs, utilising existing authorisation arrangements, until such time as revised authorisation terms are agreed later in 2015/16. Policies and procedures 17. As with the corporate governance policies above, HEE as a new legal entity requires policies and procedures to regulate its activities, business processes and provide systems of internal control. 18. Policies and procedures used by HEE as a SpHA have been checked and amended to reflect HEE’s new statutory basis, as well as structural changes resulting from the recent Beyond Transition programme. 4 19. All policies and procedures will remain subject to the usual review cycle to ensure they remain current, fit for purpose and reflect the latest guidance. 20. It is recommended that the HEE Board formally adopts all the policies and procedures previously approved and used by HEE as a SpHA. NDPB status – issues for HEE staff 21. The papers included at Annex D and E sets out the key actions taken to support, advise and formally consult with staff regarding Health Education England’s move to Non-Departmental Public Body status with effect from 1 April 2015. Summary and recommendations 22. The Board is asked to: • Note agreed Executive Board membership; • Approve corporate governance documents; • Agree appointment of LETBs using existing authorisation arrangements and applying measures to ensure adequate representation of clinical expertise is in place; • Adopt existing policies and procedures; and • Note assurance on handling of HR activity in relation to NDPB change (Annexes D and E). 5 HEE Apr 15.5: Annex A Standing Orders Version: Ratified by: Date ratified: Name and Title of originator/author(s): Name of responsible Director: Date issued: Review date: Target audience: Document History: Developing people for health and healthcare Version 4 HEE Board 21 April 2015 Mike Jones, Head of Governance & Corporate Secretary Lee Whitehead, Director of People & Communications 21 April 2015 Annually HEE Board and Committees All staff of HEE V1: HEE Board, June 2012 V2: HEE Board, February 2013 V3: HEE Board, October 2014 V4: HEE Executive Team, April 2015 1 Document Status This is a controlled document. Whilst this document may be printed, the electronic version posted on the intranet, and copied to the internet, is the controlled copy. Any printed copies of this document are not controlled. As a controlled document, this document should not be saved onto local or network drives, but should instead always be accessed from the intranet. Developing people for health and healthcare 2 INTRODUCTION 1.1 This document has been developed as part of Health Education England’s Governance Framework to specify the Body’s ways of working. All Executive and Non-executive members and all Officers should be aware of this document and its provisions. Together with documents such as the Health Education England Standing Financial Instructions and Scheme of Delegation, they help to regulate the Body’s business affairs and ensure these are conducted in a proper manner. 1.2 Any issues regarding the interpretation of these Standing Orders should be checked in the first instance with the Board Secretary. 1.3 Health Education England was originally established as a Special Health Authority on 28 June 2012 and became a non-departmental public body on 1 April 2015. This latter status was conferred by the provisions of the Care Act 2014 and by secondary legislation made under this Act. As a nondepartmental public body, Health Education England also maintains a Framework Agreement with the Department of Health; this sets out the key elements of the working relationship between Health Education England and the Department of Health, how they will work in partnership and discharge their accountability responsibilities effectively. 1.4 NHS Governance 1.4.1 In addition, the objectives and requirements of Health Education England for each financial year are set out in the Secretary of State’s Mandate to Health Education England. 1.4.2 Other relevant documents include: • The code of Accountability for NHS Boards • The code of Conduct for NHS Boards • The Code of Conduct for NHS Managers • The Code of Practice on Openness in the NHS 1.4.3 Health Education England also has a statutory duty to promote the NHS Constitution and its values and this will underpin all its activities. 1.5 Failure to Comply with Standing Orders, Standing Financial Instructions and the Scheme of Delegation 1.5.1 Failure to comply with the Body’s Standing Orders, Standing Financial Instructions and the Scheme of Delegation shall be considered a disciplinary matter. Developing people for health and healthcare 3 1.5.2 If for any reason these documents are not complied with, including the exercise of powers without proper authority, full details of the noncompliance, including any justification and/or extenuating circumstances should be reported to the next meeting of the Audit and Risk Committee for consideration and/or ratification. 1.5.3 All Board members and officers of HEE should report any instance of non-compliance to the Chief Executive, Director of Finance and the Board Secretary. 1.5.4 These Standing Orders apply to all staff of Health Education England. 2. AUTHORITY MEETINGS, QUORUM AND PAPERS 2.1 Frequency of Meetings 2.1.1 The dates of HEE Board meetings will be agreed in advance with the membership for a rolling period of six months. 2.1.2 It is expected that the HEE Board will meet up to six times each year. 2.2 Quoracy 2.2.1 No business shall be transacted at any meeting unless at least five members are present, including at least two non-executive members 2.3 HEE Board Meeting Papers 2.3.1 All papers will be concise and clear. Ideally papers will be no longer than four A4 pages in length and when attached, appendices should be ideally no longer than four A4 pages. 2.3.2 All papers prepared for meetings of the HEE Board will include a summary which will be no longer than one A4 page in length. This summary should include the title of the report, its purpose and the name of the responsible Executive or Non-Executive Director. It should also clearly state which is required from the HEE Board and outline the potential and/or likely implications for the Board’s decision. It will also set out the paper’s strategic objective links, identified risks, resource and legal implications and how the paper’s content supports the NHS Constitution. 3. CONDUCT OF THE MEETINGS Developing people for health and healthcare 4 3.1 Urgent Decisions 3.1.1 In exceptional circumstances where the Chair of the Body authorises urgent action in respect of a matter on behalf of the Body which would normally have been considered by the Body itself, such action shall be reported to the next meeting of the Body. In dealing with such issues requiring an urgent decision, and if timescales allow, the Chair may call a meeting of the HEE Board using video or telephone conferencing facilities. Emails may also be used to gather views and/or reach a consensus. All such decisions will be ratified by the Board at its next formal meeting. 3.2 Admission on the Public and the Press The public and representatives of the press may attend meetings of the Board held in public, but shall be required to withdraw upon the Board resolving: ‘that representatives of the press, and other members of the public, be excluded from the whole or part (as relevant) of this meeting, having regard to the confidential nature of the business to be transacted, publicity on which would be prejudicial to the public interest’ In accordance with section 1(2) Public Bodies (Admission to Meetings) Act 3.3 Confidential Agenda The HEE Board will discuss items in confidence that would be exempt under the Freedom of Information Act 2000. Such items would generally be considered to be personal and confidential in nature or such that their disclosure would be prejudicial to the public interest. Matters to be dealt with by the Board following the exclusion of the public and press will be confidential to the Board. Members and any officers of Health Education England in attendance will not share or disclose the content of papers or discussions from Board sessions held in private unless given permission to do so by the Board. 3.4 Declaration of Interests Developing people for health and healthcare 5 3.4.1 The NHS Code of Accountability requires Board members to declare interests that are relevant and material to the NHS Board of which they are a member. All HEE Board members should declare their interests to the Chair and the Board Secretary in any matter relating to the Body’s business at the time that they become aware of a potential conflict. The Board Secretary will maintain an accurate and up to date register of those interests. 3.4.2 Members will normally be excluded from relevant discussions after declaring an interest related to a particular issue(s). The minutes of the meeting will record any such declaration by a member. 3.4.3 When a member’s interest is not directly associated with the issue under discussion, but could be construed as having a potential influence on the outcome of the discussion, owing to the interest, that member will also be excluded from any relevant discussions. 3.4.4 A register of declared interests will be maintained and published on the Health Education England website. 3.5 Decision Making 3.5.1 The HEE Board will always seek to make decisions by consensus. However, the Body recognises the necessity for questions at meetings to be determined by a majority of votes as necessary. 3.5.2 The nature of a formal vote will be at the discretion of the Chair, and may be determined by oral expression, a show of hands or a ballot. 3.5.3 If a majority of members present so request, the voting on any question may be recorded so as to show how each member present voted or did not vote. Furthermore, if a member so requests, their vote shall be recorded by name. 3.5.4 In no circumstances may an absent member vote by proxy - absence being defined as being absent at the time of the vote. 3.5.6 In the case of an equal vote, the Chair shall have a second and casting vote. 3.5.7 Once the HEE Board has reached a decision, it is expected that all members will support that decision and its consequences in every respect. 3.6 Additional Items of Business 3.6.1 It is expected that the Chair will be notified in advance of any items of other business to be raised for discussion at a meeting of the Board. Where this is not possible or in exceptional circumstances, items of other business may be raised by a member at the appropriate point of the Developing people for health and healthcare 6 agenda. Acceptance of items of other business is at the discretion of the Chair. 4. CHAIR’S RULING 4.1 The decision of the Chair of the meeting on questions of order, relevancy and regularity, and the Chair’s interpretation of the Body’s Standing Orders and Matters Reserved shall be final. In this interpretation the Chair shall be advised by the Chief Executive and Board Secretary. 5. MINUTES AND ACTIONS 5.1 Minutes 5.1.1 The proceedings of each meeting of the HEE Board will be formally recorded. The Board Secretary will be responsible for the production of these minutes. 5.1.2 The Chair will be responsible for summarising action points and decisions after each item of business during the meeting. 5.1.3 Following a meeting of the HEE Board, the Chief Executive will review the accuracy of the draft minutes with the Board Secretary, prior to submission to the Chair for approval. 5.1.4 Once reviewed and approved by the Chair, the draft minutes will be held until the next meeting of the HEE Board. 5.1.5 At the next meeting of the HEE Board, all members will review the minutes and confirm that they are an accurate record. If any changes are required, the amendments will be discussed and agreed at the meeting. 5.1.6 The Chair will sign a copy of the minutes when these have been agreed as an accurate record of the meeting. These agreed minutes will represent the official record of the meeting. 5.2 Actions 5.2.1 Actions resulting from HEE Board meetings will be summarised in tabular form to indicate clearly who is responsible for each action, together with agreed timescales for completion. 5.2.2 The summary of actions should be circulated with the papers of the next HEE Board meeting for review. 6. COMMITTEEES Developing people for health and healthcare 7 6.1 Only the HEE Board can establish its own committees. 6.2 HEE Board Committees will adhere – in so far as it is possible - to the same ways of working as the Board. 6.3 Wherever possible, Committee meetings will be scheduled to take place on the same day as Board meetings to allow the most efficient use of Nonexecutive Director resource and to allow issues to be brought to the attention of the HEE Board in a timely fashion. 6.4 The HEE Board will establish Local Education and Training Boards as Committees of the Board which shall cover the whole of England. 6.5 The HEE Board will establish two further committees: • the Audit Committee; and • the Remuneration Committee. 6.6 The HEE Board will confirm Committee membership on an annual basis, or otherwise, when membership changes are required owing to resignations from or appointments to the Board. 6.7 The Terms of Reference for HEE Board Committees are attached in Appendices 1, 2 and 3. 7. COMMUNICATIONS 7.1 General 7.1.1 Copies of the agenda, confirmed minutes and papers for the public, non-confidential part of HEE Board meetings will be published on the Body’s website. 7.2 Publication of Expenses 7.2.1 Details of expenses and hospitality declarations by members of the HEE Board will be published on a regular basis. 8. SUSPENSION OF STANDING ORDERS 8.1 Any part of these Standing Orders may be suspended at any meeting of the HEE Board, provided members agree, except where this would contravene any statutory provision or any direction made by the Secretary of State for Health. Developing people for health and healthcare 8 8.2 Any decision to suspend Standing Orders, together with the reasons for doing so, shall be recorded in the minutes of the relevant HEE Board meeting. 9 VARIATION AND AMENDMENT OF THE WAYS OF WORKING INCORPORATING STANDING ORDERS 9.1 These Standing Orders can be amended by the HEE Board. Any amendments must not contravene any applicable statutory provision or other applicable legislation. 10 CUSTODY OF SEAL AND SEALING OF DOCUMENTS 10.1 The common seal of Health Education England will be kept by the Corporate Secretary in a secure place 10.2 When it is not necessary for a document to be sealed, this must be authenticated by the signature of an Executive Board member, and attested by the Corporate Secretary. 10.3 An entry of every sealing will be recorded and signed by the authenticator and the Corporate Secretary. 10.4 A report of all sealing will be made to the Board semi-annually. The report will detail the seal number, the description of the document and the date of sealing. 10.5 Use of the seal should be restricted to those instances where a seal, not a signature, is specifically required. The Corporate Secretary will obtain appropriate advice if it is unclear whether the seal must be used. 11. FREQUENCY OF REVIEW 11.1 The body’s Standing Orders will be reviewed annually or as required, pursuant to relevant legislation or guidance. Developing people for health and healthcare 9 Appendix 1 Remuneration Committee 1. CONSTITUTION 1.1 Health Education England (the Body) hereby resolves to establish a Committee to be known as the Remuneration Committee (the Committee). The Committee is a non-executive committee of the Body’s Board, which determines its Membership and Terms of Reference. 2. MEMBERSHIP AND QUORACY 2.1 The Remuneration Committee will consist of the Chairman of the Body and its Non-executive Directors. The Chair of the Committee shall not be the Chairman of the Body or the Chair of the Audit & Risk Committee. 2.2 In the absence of the appointed Committee Chair, members may choose one from their number to chair a quorate meeting to allow scheduled business to be transacted. 2.3 The Chief Executive may attend to advise the Committee for the purpose of approval of Directors’ and other staff members’ terms and conditions of service. The Chief Executive will not attend for discussions about their own remuneration and terms of service. 3. ATTENDANCE 3.1 Other Directors may be invited to attend the meeting for the purpose of providing advice and/or clarification to the Committee. 3.2 A senior Human Resources professional will attend the Committee to provide expert advice on remuneration. Developing people for health and healthcare 10 3.3 The meeting will be quorate if two of the Non-executive Committee members are present. 4. FREQUENCY 4.1 The Committee shall meet up to six times a year. This frequency will be reviewed regularly, and may be amended to not less than twice annually. 5. AUTHORITY 5.1 Subject to any restrictions set out in relevant legislation, the Remuneration Committee is authorised by the Board to determine any matter within its Terms of Reference. The Committee will take proper account of any relevant national agreements, e.g. Agenda for Change, and applicable guidance issued by the Government, the Department of Health and the NHS, in reaching their determinations. The Committee may seek independent information that may be required to inform its recommendations. 6. TERMS OF REFERENCE & FUNCTIONS 6.1 The Remuneration Committee’s primary aim is to approve the appropriate remuneration and terms of service for the Chief Executive, Directors and other Very Senior Managers. In addition the Committee will consider some issues in relation to all staff employed by Health Education England. The Committee will have delegated powers to act on behalf of the Body within the scope of its approved Terms of Reference. 6.2 The Committee shall adhere to all relevant laws, regulations and policies in all respects including (but not limited to) determining levels of remuneration that are sufficient to attract, retain and motivate Directors and other senior staff whilst remaining cost effective. 6.3 The Committee’s remit includes: • With regard to the Chief Executive, Directors and other Very Senior Managers, all aspects of salary (including any performance-related elements, such as bonuses). • Provisions for other benefits, including pensions and cars • Arrangements for termination of employment and other contractual terms (decisions requiring dismissal shall be referred to the Board). • Ensuring that officers are fairly rewarded for their individual contribution to the Body – having proper regard to the Body’s circumstances and performance and to the provisions of any national arrangements for such staff. Developing people for health and healthcare 11 • • • 7. Proper calculation and scrutiny of termination payments, taking account of such national guidance as is appropriate, advising on and overseeing appropriate contractual arrangements for such staff. This will apply to all Health Education England staff. Proper calculation and scrutiny of any special payments. Approval of HR policies and procedures for all Health Education England staff. REPORTING ARRANGEMENTS AND MECHANISMS 7.1 The Committee will report in writing to the Board following each of its meetings in the form of a report from the Committee Chair. The actions taken will be recorded in the Board’s minutes. The Remuneration Committee minutes will be copied to all members of the Committee. Developing people for health and healthcare 12 Appendix 2 The Audit and Risk Committee 1. CONSTITUTION 1.1 Health Education England (the Body) hereby establishes a Committee to be known as the Audit and Risk Committee (the Committee). It is constituted as a Non-executive Committee of the Body’s Board, which determines its Membership and Terms of Reference. The Committee is authorised to investigate any activity within these terms of reference, and can seek any information from employees of the Body, who then must co-operate with any such request. The Committee is authorised to seek outside legal or other independent professional advice and secure the attendance of outsiders with relevant expertise if considered necessary. 2. MEMBERSHIP 2.1 The Committee shall consist of not fewer than two Non-executive board members which will include a Chair appointed by the Secretary of State for Health. The Authority’s Chair shall not be one of these directors, although he/she can be required to attend meetings where the issues discussed are relevant to the whole Board or to the Chair directly. The Committee shall be quorate providing there are two members present. 2.2 In the absence of the appointed Committee Chair, members may choose one from their number to chair a quorate meeting to allow scheduled business to be transacted. 3. ATTENDANCE 3.1 The Director of Finance, Head of Internal Audit, and appropriate Internal Audit service provider, and External Audit representatives shall normally attend meetings. However, at least once a year, the Committee shall meet with the External and Internal Auditors without any Executive Board member present. Developing people for health and healthcare 13 3.2 The Chief Executive and other Executive Directors may be invited to attend on occasion, particularly when the Committee is discussing significant matters relating to risks or operations that are the responsibility of a particular director. 3.3 The Chief Executive shall be invited to attend the meeting that reviews the Annual Governance Statement to discuss the process for assurance that supports the Statement. 3.4 The Head of Internal Audit, and External Audit Director, shall have direct access, where required, to members of the Committee on matters arising from, or relevant to, the Committee. 4. FREQUENCY 4.1 Meetings shall be held as required and not fewer than four times in one financial year. The Director of Finance, Head of Internal Audit, or External Auditor may request a meeting if they consider that one is necessary. 5. DUTIES 5.1 The Committee shall undertake the following duties: 5.1.1 Governance, Risk Management and Internal Control Provide the Body’s Board with an independent and objective review of the adequacy and effectiveness of the Body’s Assurance Framework (the framework of governance, risks, controls and related assurances). In particular it will review: a. b. c. d. e. all risk and control related disclosure statements (in particular the Annual Governance Statement) together with the accompanying Head of Internal Audit opinion and external audit opinion; the underlying assurance process that governs the management of principal risks and the achievement of corporate objectives; the appropriateness of policies and procedures for ensuring compliance with law, guidance and codes of conduct, and their effectiveness. policies and procedures related to the detection and prevention of fraud and corruption consider other topics as requested by the Board 5.1.2 Internal Audit Developing people for health and healthcare 14 a. Provide assurance to the Board that an effective internal audit function is established at an appropriate fee that meets mandatory Internal Audit Standards and provides appropriate independent assurance to the Committee. b. Review and approve the internal audit strategy, operational plan, and more detailed programme, and ensure co-ordination between the internal and external auditors to optimise audit resources. c. Review the status of Internal Audit reports and their recommendations, including the delivery of agreed management actions. d. Ensure that the Internal Audit function is adequately resourced and has appropriate standing within the organisation. 5.1.3 External Audit a. Discuss and agree the External Audit strategy and operational plan with the External Auditor before the commencement of the audit and ensure co-ordination with other external auditors in the national health economy. b. Review External Audit reports, including annual management letters and management responses. 5.1.4 a. Finance Review the Annual Report and Financial Statements before submission to the Board, challenging assumptions and judgements made during their compilation, and focusing particularly on: Changes in, and compliance with, accounting policies and practices; Unadjusted misstatements in the financial statements; Major judgemental areas; and significant adjustments resulting from the audit. b. Developing people for health and healthcare Consider the context of any report involving the Body issued by the Public Accounts Committee or the Comptroller and Auditor General and review the proposed management response before presentation to the Board for agreement. 15 c. Review schedules of losses and compensation. 6. REPORTING ARRANGEMENTS AND MECHANISMS 6.1 The Committee meetings shall be formally recorded and the minutes submitted to the Board. 6.2 The Committee shall undertake an annual review of its own effectiveness. The Committee shall submit an annual report of its work to the Board. 6.3 The Head of Internal Audit shall submit a report annually also. Developing people for health and healthcare 16 Appendix 3 Local Education and Training Boards 1. CONSTITUTION 1.1 Health Education England (the Body) is required to establish Committees to be known as Local Education and Training Boards (LETBs) to cover a specific geographical area. These are constituted as Committees of the Body’s Board. 1.2 The terms of reference and membership for each LETB will be approved by the Health Education England Board. 2. MEMBERSHIP 2.1 The LETBs shall consist of a Chair appointed by the Body’s board. The LETB Chair will not be a person who provides health services, or education or training for health care workers or those wishing to work as health care workers, in the area for which the LETB is appointed. The other members of the LETB will be determined in line with authorisation criteria agreed by the Body’s Board and relevant legislation from representatives of local providers of NHS commissioned services. 3. PURPOSE • • • • Identify and agree local priorities for education and training to ensure security of supply of the skills and people providing health and public health services; Plan and commission education and training on behalf of the local health community in the interests of sustainable, high quality service provision and health improvement; Be a forum for developing the whole health and public health workforce. provide local financial governance assurance and have responsibility for the efficient use of the LETB Budget within Developing people for health and healthcare 17 • 4. • • • • • • • • • • • • the agreed HEE financial framework drive improvements in quality and safety FUNCTIONS Bring together all healthcare and public health employers providing NHS funded services with education providers, the professions, local government and the research sector, to develop a skills and development strategy for the local health workforce that meets employer requirements and responds to the plans of commissioners; Engage with patients, local communities, and staff to ensure the local skills and development strategy is responsive to their views; Aggregate workforce data and plans for the local health economy to improve local workforce planning; Propose Education and Training Plan within the available resources set out in the annual budget; Commission education and training to deliver the local skills and development strategy and national priorities set out in the Health Education England Mandate, Business Plan and Workforce Plan for England; Ensure value for money throughout the commissioning of education and training and for running costs; Secure the quality of education and training programmes in accordance with the requirements of professional regulators and the Health Education England Mandate, Business Plan and Workforce Plan for England;; Take a multi-professional approach in planning and developing the healthcare and public health workforce and in commissioning education and training; Support access to continuing professional development and employer-led systems for the whole health and public health workforce; Work in partnership with universities, clinical academics, other education providers and those investing in research and innovation; Work with local authorities and health and well-being boards in taking a joined-up approach across the local health, public health and social care workforce; Work as part of HEE to develop national strategy and priorities. 5. REPORTING ARRANGEMENTS AND MECHANISMS • • LETB meetings will be formally recorded Each LETB will review its own effectiveness and submit a report of its work annually to the Health Education England Board, and to relevant LETB stakeholders Developing people for health and healthcare 18 • Each LETB will report to the Health Education England Board in accordance with the relevant LETB agreement as determined by the Board Developing people for health and healthcare 19 April 2015 Version 1 HEE Apr 15.5: Annex B Health Education England STANDING FINANCIAL INSTRUCTIONS Paper HEE 2b INDEX Section Page 1 Introduction 3 2 Preparation, approval and control of the business plan, budgets and estimates 9 3 Annual accounts 11 4 Banking arrangements 12 5 Capital investment, asset register and security of assets 13 6 Security of cash, cheques and other negotiable instruments 17 7 Payment of staff 18 8 Payment of accounts 20 9 Tendering and quotations 22 10 Contracting and purchasing 33 11 Information technology 34 12 Information governance 34 13 Internal audit 36 14 Losses and special payments 38 15 Counter fraud investigation and security management 39 16 External audit 39 17 Risk management 40 18 Retention of documents 41 Page 2 of 43 Paper HEE 2b 1. INTRODUCTION 1.1 General 1.1.1 These Standing Financial Instructions (SFIs) are issued in accordance with the Financial Directions issued by the Secretary of State for Health under the provisions of Section 99 (3), 97 (A) (4) and (7) and 97 (AA) of the National Health Service Act 1977 for the regulation of the conduct of the Body in relation to all financial matters. They shall have effect as if incorporated in the Standing Orders (SOs) of the Body. These SFIs refer to the financial transactions of Health Education England (HEE) only. 1.1.2 In accordance with HSG (96)12, these Standing Financial Instructions detail the financial responsibilities, policies and procedures adopted by the Body. They are designed to ensure that the Body’s financial transactions are carried out in accordance with the law and Government policy in order to achieve probity, accuracy, economy, efficiency and effectiveness. They should be used in conjunction with the Scheme of Delegation which includes the Reservation of Powers to the Body. 1.1.3 These Standing Financial Instructions identify the financial responsibilities that apply to everyone working for the Body. The user of these Standing Financial Instructions must also take into account relevant prevailing Department of Health and/or Treasury instructions. The Director of Finance must approve all financial procedures. 1.1.4 Should any difficulties arise regarding the interpretation or application of any of the Standing Financial Instructions, the advice of the Director of Finance must be sought before acting. The user of these Standing Financial Instructions should also be familiar with and comply with the Body’s Standing Orders. 1.1.5 Failure to comply with Standing Financial Instructions and Standing Orders can in certain circumstances be regarded as a disciplinary matter that could result in dismissal. 1.1.6 If for any reason these Standing Financial Instructions are not complied with, full details of the non-compliance and any justification for non-compliance shall be reported to the next formal meeting of the Audit Committee for referring action or ratification. All members of the Board, and all staff, have a duty to disclose any non-compliance with these Standing Financial Instructions to the Director of Finance as soon as possible. Page 3 of 43 Paper HEE 2b 1.1.7 Wherever the title Chief Executive, Director of Finance, or other nominated officer is used in these instructions, it shall be deemed to include such other directors or employees who have been duly authorised to represent them, except in respect of Banking Arrangements (See Section 4). 1.1.8 Any expression to which a meaning is given in the Health Service Act or in the Financial Directions made under the Act shall have the same meaning in these instructions; and i) "Body" means the Health Education England ii) "Budget" means an amount of resources expressed in financial terms proposed by the Body for the purpose of carrying out over a specific period all or part of the functions of the Body. iii) "Budget Holder" means the individual with delegated Body to manage finances (Income & Expenditure) for a specific area of the organisation. iv) "Budget Manager" refers to those officers who are required to manage budgets on behalf of the respective Budget Holder v) "Chief Executive" means the Chief Officer of the Body (who is directly accountable to the Body). vi) “Accounting Officer” means the officer responsible and accountable for funds entrusted to the Body. He/she shall be responsible for ensuring the proper stewardship of public funds and assets. The Accounting Officer for Health Education England is the Chief Executive. vii) “Director of Finance” means the chief financial officer of the Body. viii) “Board” means the Chair, Non Executive Directors and Executive Directors of Health Education England collectively as a body. ix) “Leadership Team” is the senior management team of Health Education England as designated by the Chief Executive. x) "Officer" means employee of the Body or any other person holding a paid appointment or office with the Body. Page 4 of 43 Paper HEE 2b 1.2 Responsibilities and delegation 1.2.1 The Board 1.2.1.1 The Board exercises financial supervision and control by: i) formulating the financial strategy ii) requiring the submission and approval of budgets within allocations iii) defining and approving essential features of financial arrangements in respect of important procedures and financial systems, including the need to obtain value for money iv) defining specific responsibilities placed on members of the Board and officers as indicated in the Scheme of Delegation document 1.2.2 1.2.1.2 The Body has resolved that certain powers and decisions may only be exercised by the Board. These are set out in the Scheme of Delegation. 1.2.1.3 The Board shall delegate executive responsibility for the performance of its functions to the Chief Executive who shall retain overall responsibility for all its activities. The Chief Executive 1.2.2.1 Within the Instructions it is acknowledged that the Chief Executive, as Accounting Officer, will have ultimate responsibility for ensuring that the Body meets its obligation to perform its functions within the financial resources made available to it. The Chief Executive has overall executive responsibility for the Body's activities and is responsible to the Board for ensuring that it stays within its resource and cash limits. 1.2.2.2 The Chief Executive will delegate detailed responsibility for financial activities and controls to the Director of Finance but retain overall accountability. The extent of such delegation will be determined in the Body’s Scheme of Delegation and should be kept under review by the Board. Page 5 of 43 Paper HEE 2b 1.2.3 1.2.2.3 The Chief Executive, through the Director of Finance, shall be responsible for the implementation of the Body's financial policies and for co-ordinating any corrective action necessary to further these policies. 1.2.2.4 It shall be the responsibility of the Chief Executive to ensure that existing staff and all new employees are notified of their responsibilities within these instructions, and in particular policy in relation to potential corruption and the acceptance of gifts and hospitality. The general principle is that all staff and members of the Board must be, and must be seen to be, fair, impartial and unbiased at all times. The offer or receipt of any gift and hospitality can create actual or perceived conflicts of interest, but at the same time refusal could cause embarrassment or unintentional offence. The offer of a gift or favour, or any exceptionally generous hospitality should be treated with caution. 1.2.2.5 In addition to the above, Budget Holders, Budget Managers and staff who are involved in dealing directly with contractors/suppliers are also required to sign a document confirming that they have read and understood the Standing Financial Instructions and Standing Orders. The Director of Finance 1.2.3.1 The Director of Finance is responsible for: i) Implementing the Body’s financial policies and for coordinating any corrective action necessary to further these policies ii) Maintaining an effective system of financial control including ensuring that detailed financial procedures and systems incorporating the principles of separation of duties and internal checks are prepared, documented and maintained to supplement these instructions iii) Ensuring that sufficient records are maintained to show and explain the Body’s transactions, in order to disclose, with reasonable accuracy, the financial position of the Body at any time. Page 6 of 43 Paper HEE 2b 1.2.3.2 Without prejudice to any other functions of the Body, and employees of the Body, the duties of Director of Finance shall include: i) The provision of financial advice to the Body and its employees; ii) The design, implementation and supervision of systems of internal financial control; and iii) The preparation and maintenance of such accounts, certificates, estimates, records and reports as the Body may require for the purpose of carrying out its statutory duties. 1.2.4 1.2.3.3 The Director of Finance shall require, in relation to any officer who carries out a financial function, that the form in which the records are kept and the manner in which the officers discharge their duties shall be to his/her satisfaction. 1.2.3.4 The Director of Finance will ensure money drawn from the Department of Health against cash limited and non cash limited funds is required for approved expenditure only, and is drawn only at the time of need. Board Members and Employees 1.2.4.1 All members of the Board and employees, severally and collectively, are responsible for: i) The security of the property of the Body ii) Avoiding loss iii) Exercising economy and efficiency in the use of resources iv) Conforming with the requirements of Standing Orders, Standing Financial Instructions, Scheme of Delegation and Financial Procedures. It shall be the duty of any officer having evidence of, or reason to, suspect financial or other irregularities or impropriety in relation to these regulations to report these suspicions to the Director of Finance. The Director of Finance will consider the suspicions to determine if the case should be referred to the Local Counter Fraud Specialist. A detailed investigation should Page 7 of 43 Paper HEE 2b not be conducted as this may compromise investigation by the Local Counter Fraud Specialist. 1.2.5 1.2.6 any Contracts, Contractors and their employees 1.2.5.1 Directors responsible for arranging contracts for the provision of items and/or services shall ensure that those contracts are correctly monitored and governed within the contract's terms and conditions. 1.2.5.2 Any contractor or employee of a contractor who is empowered by the Body to commit the Body to expenditure or who is authorised to obtain income shall be covered by these instructions. It is the responsibility of the Chief Executive to ensure that such persons are made aware of this. Audit Committee 1.2.6.1 In accordance with Standing Orders (and as set out in guidance issued by the Department of Health under EL(94) 40), the Body shall establish an Audit Committee. The terms of reference of the Audit Committee shall be drawn up and approved by the Board, and are incorporated in the Standing Orders. The Audit Committee will provide an independent and objective view of internal control by overseeing internal and external audit services; reviewing financial systems, ensuring compliance with Standing Orders and Standing Financial Instructions; reviewing schedules of losses and compensations and making recommendations to the Board. 1.2.6.2 Where the Audit Committee considers there is evidence of ultra vires transactions, evidence of improper acts, or if there are other important matters that the Committee wish to raise, the Chairman of the Audit Committee should raise the matter in the first instance with the Director of Finance and the Chief Executive. If the matter has still not been resolved to the Audit Committee's satisfaction, then the matter will be raised at a full meeting of the Board. Page 8 of 43 Paper HEE 2b 2. PREPARATION, APPROVAL & CONTROL OF THE BUSINESS PLAN, BUDGETS & ESTIMATES 2.1 The Body has a responsibility to prepare and submit financial plans in accordance with the requirements of the Department of Health or appropriate body. It shall perform its functions within the total of funds allocated or approved by the Secretary of State for Health allowing for any planned changes in working balances during the year. All plans, financial approvals and control systems shall be designed to meet this obligation. 2.2 The Director of Finance shall ensure that the financial details contained within the service agreements of contracts entered into by the Body are consistent with the requirement to balance income and expenditure; and they shall ensure that adequate statistical and financial systems are in place to facilitate the compilation of estimates, forecasts and investigations as may be required from time to time. 2.3 The Chief Executive will compile and submit to the Body an annual business plan which takes into account financial targets and forecast limits of available resources. The annual business plan will contain a statement of the significant assumptions on which the plan is based and details of major changes in workload, delivery of services or resources required to achieve the plan. 2.4 The Director of Finance shall, in consultation with Budget Holders and Budget Managers, compile such financial estimates and forecasts, on both revenue and capital accounts, as may be required from time to time by the Body. 2.5 The Director of Finance will ensure that money drawn from the Department of Health against the resource and cash limit is required for approved expenditure only, and is drawn only at the time of need in line with the Department of Health’s timetable. 2.6 The Director of Finance shall, on behalf of the Chief Executive, prepare and submit budgets within the limits of available funds to the Body for its approval prior to the commencement of each financial year. Page 9 of 43 Paper HEE 2b 2.7 The Director of Finance must review the basis and assumptions used to prepare the budget and advise the Body that, to the best of the Director of Finance’s knowledge and understanding, they are realistic. As a consequence the Director of Finance shall have right of access to all Budget Holders on budgetary related matters. Such budgets should relate to income and expenditure in that year and shall have supporting statements in order to explain any matter material to the understanding of those budgets, covering all revenue and capital items. Alterations to budgets may be requested in line with guidance issued by the Director of Finance. 2.8 The Director of Finance shall monitor financial performance against budgets and business plans, periodically review them and report to the Body on the Body’s position against these targets. All budget holders and managers must provide information as required by the Director of Finance to enable budgets to be compiled and monitoring reports to be prepared. 2.9 The Director of Finance shall be responsible for ensuring that an adequate system of monitoring financial performance is in place to enable the Body to fulfil its statutory responsibility to meet its Annual Revenue and Capital Resource Limits. 2.10 The Director of Finance will devise and maintain systems of budgetary control. These will include: i. regular financial reports to the Board in a form approved by the Board ii. the issue of timely, accurate and comprehensible advice and financial reports to each Budget Holder, covering the areas for which they are responsible iii. investigation and reporting of variances from financial, workload and manpower budgets iv. monitoring of management action to correct variances v. arrangements for the authorisation of budget transfers. 2.11 The Director of Finance shall devise and maintain adequate systems to ensure that the Body can identify, implement and monitor opportunities for inclusion within Cost Improvement and Income Generation Programmes. 2.12 The Chief Executive may, in line with the Scheme of Delegation, delegate responsibility for a budget or a part of a budget to operational managers to permit the performance of defined activities. The terms of delegation shall include a clear definition of individual and group Page 10 of 43 Paper HEE 2b responsibilities for control of expenditure, exercise of virement, achievement of planned levels of service and the provision of regular reports upon the discharge of these delegated functions to the Chief Executive. 2.13 Each Budget Holder is responsible for ensuring that: i) any likely overspending or reduction of income which cannot be met by virement is not incurred without the prior consent of the Board; ii) the amount provided in the approved budget is not used in whole or in part for any purpose other than that specifically authorised subject to the rules of virement; iii) no permanent employees are appointed without the approval of the Chief Executive other than those provided for within the available resources and manpower establishment as approved by the Board. 2.14 Except where otherwise approved by the Chief Executive, taking account of advice from the Director of Finance, budgets shall be used only for the purpose for which they were provided and any budgeted funds not required for their designated purposes shall revert to the immediate control of the Chief Executive. 2.15 Expenditure for which no provision has been made in an approved budget shall be incurred only after authorisation by the Chief Executive or the Body. 2.16 The Director of Finance shall keep the Chief Executive informed of the financial consequences of changes in policy, pay awards and other events and trends affecting budgets and shall advise on the financial and economic aspects of future plans and projects. 2.17 The Chief Executive is responsible for ensuring that the appropriate financial monitoring forms are submitted to the requisite monitoring organisation. 3. ANNUAL REPORT AND ACCOUNTS 3.1 The Director of Finance, on behalf of the Chief Executive and the Body, shall prepare, and submit the Annual Report and accounts, certified by the Accounting Officer, to the Secretary of State for Health in respect of each financial year in such a form as the Secretary of State for Health may with the approval of the Treasury direct (NHS Act 2006). 3.2 The annual report and accounts and financial returns shall be prepared Page 11 of 43 Paper HEE 2b in accordance with the guidance given by the Department of Health, the Treasury, and the Body’s accounting policies. The Annual Report and accounts shall be laid before Parliament, in accordance with the Accounts Directions and the timetable prescribed by the Department of Health. 4. BANKING ARRANGEMENTS 4.1 The Director of Finance is responsible for managing the Body’s banking arrangements and for advising the Board on the provision of banking services and operation of accounts. This advice will take into account guidance issued by DH and Managing Public Money published by HM Treasury. This guidance recommends only using commercial accounts where the required services are not provided by the Government Banking Service (GBS) or where better value for money for the Exchequer overall can be demonstrated. Page 12 of 43 Paper HEE 2b 4.2 The Board shall approve the banking arrangements. 4.3 The Director of Finance is responsible for: i) commercial and GBS accounts ii) establishing separate bank accounts for non-discretionary funds iii) ensuring payments made from commercial and GBS accounts do not exceed the amount credited to the account except where arrangements have been made iv) monitoring compliance with DH guidance on the level of cleared funds in commercial accounts. 4.4 The Director of Finance will prepare detailed instructions on the operation of commercial bank and GBS accounts which must include: i) ii) the conditions under which each account is operated; those allowed to authorise both manual and electronic banking transactions and instructions. 4.5 The Director of Finance must advise the Body’s bankers in writing of the conditions under which each account will be operated. 4.6 The Director of Finance should review the banking needs of the Body at regular intervals to ensure that they reflect current business patterns and represent best value for money. Following such reviews, the Director of Finance shall determine whether or not a tender exercise for services is necessary. 4.7 Tender exercises should be undertaken when demanded by changed circumstances, or at intervals normally not exceeding five years from a previous tender exercise. The Director of Finance shall report the outcome of the tendering exercise to the Body. 5. CAPITAL INVESTMENT, ASSET REGISTER AND SECURITY OF ASSETS 5.1 Capital Investment 5.1.1 The Chief Executive shall ensure that there is an adequate appraisal process in place for determining capital expenditure priorities and the effect of each proposal on strategic plans. He is responsible for the management of all stages of capital schemes and for ensuring that schemes are delivered on time and to cost. The Chief Executive shall ensure that capital investment is not undertaken without confirmation of the availability of resources to finance both the capital spend and any revenue consequences including capital charges. Page 13 of 43 Paper HEE 2b 5.1.2 For all capital expenditure proposals the Chief Executive shall ensure that a business case is produced in line with guidance issued by the Director of Finance, setting out an option appraisal of potential benefits compared with known costs to determine the option with the highest ratio of benefits to cost and appropriate project management and control arrangements. The Director of Finance shall certify the costs and revenue consequences of each business case. 5.1.3 The Chief Executive will ensure that all business cases for capital expenditure are approved in line with the DH delegated limits as set out in the Scheme of Delegation. 5.1.4 The approval of a capital scheme shall not constitute approval for expenditure on any scheme. Procurement procedures as contained elsewhere in these SFIs shall be followed for all capital expenditure. 5.1.5 The Director of Finance shall issue procedures for the regular reporting of expenditure and commitment against authorised expenditure. 5.1.6 The Chief Executive is responsible for the issue to an officer of the Body specific Body to commit expenditure, Body to proceed to a tender and approval to accept a successful tender. 5.1.7 The Director of Finance shall issue procedures governing the financial management, including variations to contract, of capital investment projects and valuation for accounting purposes. 5.2 Asset Registers 5.2.1 The Chief Executive is responsible for the maintenance of both the Register of Assets and the Register of Inventory Items, taking account of the advice of the Director of Finance concerning the form and the method of updating the registers. 5.2.2 Each employee has a responsibility to exercise a duty of care over the assets of the Body and it shall be the responsibility of senior staff in all disciplines to apply appropriate routine security practices in relation to NHS assets. A substantial or persistent breach of agreed security practices shall be reported to the Corporate Secretary, who shall then refer the matter to the Director of Finance, who will determine the necessary action, including reference to the Local Security Management Specialist for investigation 5.2.3 The Chief Executive shall define the items of equipment which shall be recorded on either the Capital Asset Register or the Inventory Register. The Capital Accounting Manual, as issued by the Department of Health, will be considered when determining the minimum data set for the Capital Asset Register. Page 14 of 43 Paper HEE 2b 5.2.4 Additions to the fixed Asset Register must be clearly identified to an appropriate Budget Holder and be validated by reference to properly authorised and approved agreements, architects’ certificates, suppliers’ invoices and other documentary evidence in respect of purchases from third parties; requisitions and wages records for own materials and labour including appropriate overheads. 5.2.5 Where capital assets are sold, scrapped, lost or otherwise disposed of, their value must be removed from the accounting records and each disposal must be validated by reference to authorisation documents and invoices. 5.2.6 The Director of Finance shall approve procedures for reconciling balances on fixed asset accounts in ledgers against balances on Fixed Asset Registers. 5.2.7 Land and buildings shall be held at current values with a full professional valuation carried out at least every five years. Other assets will be held at depreciated/amortised historical cost as a proxy for current value. This is in accordance with the Body’s accounting policies which comply with the Financial Reporting Manual (FReM) issued by HM Treasury. 5.2.8 The value of each asset shall be depreciated using methods and rates as specified in the Body’s accounting policies which comply with the FReM. Estimated useful lives and depreciation rates of assets will be reviewed on an annual basis. 5.2.9 The Director of Finance shall calculate and account for capital charges as specified in the FReM. 5.2.10 Budget Holders will ensure that the respective Asset Register for their areas will be physically checked annually. 5.2.11 The Asset Register and the Inventory Register shall also record items which are transferred from one part of the Body to another. It is the responsibility of the Budget Managers to inform the Director of Finance of these changes. 5.2.12 The Director of Finance shall maintain an up to date register of properties owned or leased by the Body. This should include details of location, tenancy (where appropriate), and custody of the deeds and lease documents. Page 15 of 43 Paper HEE 2b 5.3 Security of Assets 5.3.1 Asset control procedures (including fixed assets, cash, cheques and negotiable instruments, and also including donated assets) must be approved by the Director of Finance. This procedure shall make provision for: i) recording managerial responsibility for each asset; ii) identification of additions and disposals; iii) identification of all repairs and maintenance expenses; iv) physical security of assets; v) periodic verification of the existence of, condition of, and title to, assets recorded; vi) identification and reporting of all costs associated with the retention of an asset; vii) reporting, recording and safekeeping of cash, cheques, and negotiable instruments. 5.3.2 All discrepancies revealed by verification of physical assets to fixed asset register shall be notified to the Director of Finance. 5.3.3 Whilst each employee and officer has a responsibility for the security of property of the Body, it is the responsibility of Board members and senior employees in all disciplines to apply such appropriate routine security practices in relation to NHS property as may be determined by the Board. Any breach of agreed security practices must be reported in accordance with agreed procedures. 5.3.4 Any damage to the Body's premises, vehicles and equipment or any loss of equipment or supplies shall be reported by staff in accordance with the agreed procedure for reporting losses. 5.3.5 Where practical, assets should be marked as Health Education England property. Page 16 of 43 Paper HEE 2b 6. SECURITY OF CASH, CHEQUES AND OTHER NEGOTIABLE INSTRUMENTS 6.1 All receipt books, tickets, agreement forms, or other means of officially acknowledging or recording amounts received or receivable, shall be in a form approved by the Director of Finance. Such stationery shall be ordered and controlled by the Director of Finance and subject to the same precautions as are applied to cash. 6.2 All officers whose duty it is to collect or hold cash shall be provided with a lockable cash box which will normally be deposited in a safe. The officer concerned shall hold only one key and all duplicates shall be lodged with the Body's bankers or such other officer authorised by the Director of Finance, and suitable receipts obtained. The loss of any key shall be reported immediately to the Director of Finance. The Director of Finance shall, on receipt of a satisfactory explanation, authorise the release of the duplicate key. All new safe keys will be despatched directly to the Director of Finance from the manufacturers. The Director of Finance shall be responsible for maintaining a register of authorised holders of safe keys. 6.3 All cash, cheques, postal orders and other forms of payment received by an officer shall be entered immediately in an approved form of register. 6.4 Official money shall not under any circumstances be used for the encashment of private cheques. 6.5 The holders of safe keys shall not accept unofficial funds for depositing in their safes unless such deposits are in special sealed envelopes or locked containers. It shall be made clear to the depositors that the Body is not to be held liable for any loss, and written indemnities must be obtained from the organisation or individuals absolving the Body from responsibility for any loss. 6.6 During the absence (e.g. on holiday) of the holder of a safe or cash box key, the acting officer shall be subject to the same controls as the normal holder of the key. There shall be written discharge for the safe and/or cash box contents on the transfer of responsibilities and the discharge document must be retained for inspection. 6.7 All unused cheques and other orders shall be subject to the same security precautions as are applied to cash; bulk stocks of cheques shall normally be retained by the Body's bankers and released by them only against a requisition signed by the Director of Finance. Page 17 of 43 Paper HEE 2b 6.8 A Cheque Register shall be kept in which all cheque stocks ordered, received and issued shall be recorded and signed for by nominated officer(s). A separate register is to be kept of payable orders. 6.9 Any loss or shortfall of cash, cheques, or other negotiable instruments, however occasioned, shall be reported immediately in accordance with the agreed procedure for reporting losses. (See Section 17 - Losses and Special Payments). 6.10 Income systems 6.10.1 The Director of Finance is responsible for designing, maintaining and ensuring compliance with systems for the proper recording, invoicing, collection and coding of all monies due. 6.10.2 The Director of Finance is responsible for the prompt banking of all monies received. 6.10.3 The arrangements for income matters dealt with by third parties will be incorporated in the Service Level Agreements 6.11 Fees and Charges 6.11.1 The Body shall follow the Managing Public Money guidance in setting fees for services 6.11.2 The Director of Finance is responsible for approving and regularly reviewing the level of all fees and charges other than those determined by the Department of Health or Statute. Independent professional advice on matters of valuation shall be taken as necessary. 6.11.3 All employees must inform the Director of Finance promptly of money due arising from transactions which they initiate/deal with. 6.11.4 Any income generated from the activities of staff working their employment hours, and /or utilising any of the Body’s facilities shall be declared as the Body’s Exchequer income and dealt with in accordance with the Body’s official income systems and controls and any other relevant aspects of an employee’s terms and conditions of employment. 6.12 Debt Recovery 6.12.1 The Director of Finance is responsible for the appropriate recover action on all outstanding debts and where undertaken by a third party, specify the appropriate recovery action in the Service Level Agreement Page 18 of 43 Paper HEE 2b 6.12.2 Income not received should be dealt with in accordance with the losses procedure and where appropriate be reported to the Audit Committee. 6.12.3 Systems and processes should reduce any risk of overpayments and enable any overpayment to be detected and recovery initiated. 7. PAYMENT OF STAFF 7.1 Funded Establishment 7.1.1 The workforce plans incorporated within the annual budget will form the funded establishment. The funded establishment of any budget holder may not be varied without the approval of the Chief Executive. 7.2 Staff appointments 7.2.1 No Director or employee may engage, re-engage or re-grade employees, either on a permanent or temporary nature, or hire agency staff, or agree to changes in any aspect of remuneration unless: a) authorised to do so by the Chief Executive or their nominee; and under these proposals is, b) within the limit of the Director's approved budget, funded establishment, and agreed staffing number. 7.2.2 The Body will approve procedures presented by the Chief Executive for the determination of commencing pay rates, conditions of service etc. for employees. 7.3 Processing Payroll 7.3.1 The Director of Finance is responsible for: i) specifying timetables for submission of properly authorised time records and other notifications ii) final determination of pay iii) making payment on agreed dates iv) agreeing methods of payment Page 19 of 43 Paper HEE 2b 7.3.2 The Director of Finance will issue instructions regarding: i) ii) iii) iv) v) vi) vii) viii) ix) x) xi) xii) xiii) 7.3.3 verification and documentation of data timetable for receipt and preparation of payroll data and the payment of employees maintenance of subsidiary records for superannuation, income tax, social security and other authorised deductions from pay security and confidentiality of payroll information checks to be applied to completed payroll before and after payment Body to release payroll data under the provisions of the Data Protection Act methods of payments available to various categories of employees and officers procedures for payment by cheque or bank credit procedures for the recall of cheques and bank credits pay advances and their recovery maintenance of regular and independent reconciliation of pay control accounts separation of duties of preparing records and inputs and verifying outputs and payments system to ensure the recovery from leavers of sums of money and property due by them to the Body Appropriately nominated managers have delegated responsibility for: i) submitting time records, and other notifications in accordance with agreed timetables ii) completing time records and other notifications in accordance with the Director of Finance’s instructions and in the form prescribed by the Director of Finance iii) submitting termination forms in the prescribed form immediately upon knowing the effective date of an employee’s resignation, termination or retirement. Where an employee fails to report for duty in circumstances that suggest they have left without notice, the Director of Finance must be informed immediately. 7.3.4 Regardless of the arrangements for providing the payroll service, the Director of Finance shall ensure that the chosen method is supported by appropriate (contracted) terms and conditions, adequate internal controls and audit and review procedures, and that suitable arrangements are made for the collection of payroll deductions and payment of these to appropriate bodies. 7.3.5 All employees shall be paid by bank credit transfer, unless otherwise agreed by the Director of Finance. Page 20 of 43 Paper HEE 2b 7.4 Contracts of Employment 7.4.1 The Body shall delegate responsibility to the Chief Executive or their nominee for ensuring that all employees are issued with a Contract of Employment in a form approved by the Body and which complies with employment legislation and dealing with variations to or termination of contracts of employment. 1. PAYMENT OF ACCOUNTS 8.1 The Director of Finance shall be responsible for the prompt payment of accounts and claims. The term "payment" includes any arrangements established to settle payments upon a non-cash basis. Payment of contract invoices shall be in accordance with contract terms. All payments shall comply with the Government's policy on prompt payment. 8.2 All authorised officers shall inform the Director of Finance promptly of all money payable by the Body arising from transactions which they initiate, including contracts, leases, tenancy agreements and other transactions. To assist financial control, the Director of Finance will maintain a register of regular payments. 8.3 The Director of Finance shall be responsible for maintaining a system for the verification, recording and payment of all accounts payable by the Body. This system will incorporate an approved officers’ signatory list of the Budget Holders, Budget Managers and their deputies who are authorised to certify the following: 8.3.1 Goods have been duly received, examined, are in accordance with specification and order, are satisfactory and that the prices are correct (see exception 8.3.7). 8.3.2 Work done or services rendered have been satisfactorily carried out in accordance with the order; that, where applicable, the materials used were of the requisite standard and that the charges are correct. 8.3.3 In the case of contracts based on the measurement of time, materials or expenses, the time charged is in accordance with the time sheets, that the rates of labour are in accordance with appropriate rates, that the materials have been checked with regard to quantity, quality and price and that the charges for the use of vehicles, plant and machinery have been examined. 8.3.4 Where appropriate, the expenditure is in accordance with regulations and that all necessary authorisations have been obtained. Any over payments in the course of business transactions should be pursued irrespective of cause. Page 21 of 43 Paper HEE 2b 8.3.5 The account is arithmetically correct; and 8.3.6 The account is in order for payment. 8.3.7 Appropriate prepayments will be permitted for instances relating to payments for rent, maintenance contracts and in those instances, where, as standard business practice demands, nominal prepayments are required (i.e. training, publications). Prepayments which fall outside the above categories are only permitted where exceptional circumstances apply. In such instances: i) the appropriate Director must provide, in the form of a written report, a case setting out all relevant circumstances of the purchase. The report must set out the effects on the Body if the supplier is at some time during the course of the prepayment agreement unable to meet their commitments ii) the Director of Finance will need to be satisfied with the proposed arrangements before contractual arrangements proceed iii) the Budget Holder is responsible for ensuring that all items due under a prepayment contract are received and must immediately inform the appropriate Director or Chief Executive if problems are encountered. 8.4 Where an officer certifying accounts relies upon other officers to do preliminary checking, wherever possible, the officer certifying accounts will ensure that those who check delivery or execution of work, act independently of those who have placed orders and negotiated prices and terms. 8.5 In the case of contracts which require payment to be made on account, during progress of the works, the Director of Finance shall make payment on receipt of a certificate from the appropriate qualified officer or outside consultant. Without prejudice to the responsibility of any consultant, a contractor's account shall be subjected to such financial examination by the Director of Finance and such general examination by appropriately qualified officers as may be considered necessary, before the person responsible to the Body for the contract, issues the final certificate. Page 22 of 43 Paper HEE 2b 8.7 The Director of Finance shall ensure that payment for goods and services is made only when the goods and services have been properly received. 9. TENDERING AND QUOTATIONS 9.1 Introduction 9.1.1 Directives by the Council of the European Union prescribing procedures and UK rules on public procurement for the awarding of contracts for building and engineering works and for the supply of goods, materials and manufactured articles and services shall have effect as if incorporated in these Standing Financial Instructions. Detailed procurement procedures and best practice guidance can be found in the Body’s procurement manual. 9.1.2 These tendering rules cover the procedures to be used when the Body obtains goods, services or works from a third party external to the Body. 9.1.3 The purpose of the tendering rules are to ensure that best value arrangements are secured for the Body, to ensure that statutory provision is applied and to protect the Body from allegations of unfair practice or fraud. 9.1.4 EU and UK public procurement policy require that the Body promotes fair competition amongst potential suppliers and is open and transparent in dealings with suppliers and potential suppliers. 9.1.5 The authorisation limits for approval of new expenditure or extensions to current business are found in the HEE Scheme of Delegation. These limits are to be used after following the appropriate procurement procedures, which include DH and Cabinet Office procurement guidance which where specific will take precedence over any more general rule. 9.1.6 Competition requirements for contracts below £20,000 9.1.6.1 For contracts where the estimated expenditure or income does not for its whole life, or is not reasonable expected to, exceed £20,000 the most efficient method of procurement should be selected, which demonstrates value for money, keeping a written record of the reason and action taken. Page 23 of 43 Paper HEE 2b 9.1.6.2 Procurement should be carried out in accordance with Standing Orders and DH Guidance. 9.1.6.3 The limits quoted in paragraph 9.1.6.1 should be inclusive of VAT where VAT is not recoverable. 9.1.7 Competition requirements for contracts above £20,000 9.1.7.1 For contracts with whole life costs between £20,000 and £50,000 a minimum of three competitive written quotations should be obtained, except where the procurement relates to professional/consultancy services. . (see Delegations assigned to HEE 2014). 9.1.7.2 Formal tendering procedures must be applied where the estimated whole life cost exceeds £50,000. 9.1.7.3 When assessing the potential value of a contract the whole life costs of the contract should be considered. The cumulative costs of a service with contractors must also be taken into account assessing what competition requirements are needed. 9.1.7.4 For contracts valued over £50,000, the Director of Finance may give permission for procurement to take place without a tender process for the reasons provided in 9.5.2 below. 9.1.7.5 The limits of £20,000 and £50,000 quoted in paragraph 9.1.7.1, 2 and 4 should be inclusive of VAT where VAT is not recoverable. 9.1.8 Official Journal of the European Union (OJEU) 9.1.8.1 Current regulations require the advertisement of opportunities in OJEU, if applicable. As the limits and rules change so often confirmation must be sought from contracting/procurement function so that actions are compliant with legislation. 9.2 9.2.1 Professional Services (including Consultancy) Any requirement for professional services, including extensions and renewals of existing arrangements, must be deemed as an ‘operational necessity’ and have the prior approval of the Director of Finance. 9.3 Aggregation 9.3.1 Under EU law, the value of a contract must be estimated by reference to the contractually committed spend over the life of the contract. This is the Page 24 of 43 Paper HEE 2b annual value of the contract multiplied by the number of years in the contract, including all extensions, options, variations and start up costs. 9.3.2 Where the duration of the contract is not determined, its value must be calculated as the estimated annual value of the contract multiplied by four. 9.3.3 The Body must package a contract with regard to similar contracts which may be required in order to aggregate requirements. 9.3.4 A proposed contract may not be divided into smaller contracts in order to avoid the provisions of these procurement rules or of EU law. Formal Competitive Tendering 9.4 General Applicability 9.4.1 The Body shall ensure that competitive tenders are invited for: the supply of goods, materials and manufactured articles; the tendering of services including all forms of management consultancy services (other than specialised services sought from or provided by the DH); 9.5 Exceptions and instances where formal tendering need not be applied 9.5.1 Formal tendering procedures need not be applied where: i) the estimated expenditure or income does not, or is not reasonably expected to, exceed £50,000 inclusive of non-recoverable VAT; or for services such as education and training classified under the light touch regime(amounts to be reviewed annually) ii) where the supply is proposed under special arrangements negotiated by the DH in which event the said special arrangements must be complied with; iii) regarding disposals as set out in SFI no. 15; 9.5.2 Formal tendering procedures may be waived in the following circumstances: i) in very exceptional circumstances where the Chief Executive or Director of Finance decides that formal tendering procedures would not be practicable or the estimated expenditure or income would not warrant formal tendering procedures, and the circumstances are detailed in an appropriate Body record; ii) where the requirement is covered by an existing contract; Crown Commercial iii) where Department of Health/ Service/Procurement Partners agreements are in place and have been approved by the Board; iv) where a consortium arrangement is in place and a lead organisation Page 25 of 43 Paper HEE 2b has been appointed to carry out tendering activity on behalf of the consortium members; v) where the timescale genuinely precludes competitive tendering but failure to plan the work properly would not be regarded as a justification for a single tender; vi) where specialist expertise is required and is available from only one source; vii) when the task is essential to complete the project, and arises as a consequence of a recently completed assignment and engaging different consultants for the new task would be inappropriate; viii) there is a clear benefit to be gained from maintaining continuity with an earlier project. However in such cases the benefits of such continuity must outweigh any potential financial advantage to be gained by competitive tendering; ix) for the provision of legal advice and services providing that any legal firm or partnership commissioned by the Body is regulated by the Law Society for England and Wales for the conduct of their business (or by the Bar Council for England and Wales in relation to the obtaining of Counsel’s opinion) and are generally recognised as having sufficient expertise in the area of work for which they are commissioned. x) The Director of Finance will ensure that any fees paid are reasonable and within commonly accepted rates for the costing of such work. xi) xii) the waiving of competitive tendering procedures should not be used to avoid competition or for administrative convenience or to award further work to a consultant originally appointed through a competitive procedure. xiii) where it is decided that competitive tendering is not applicable and should be waived, the fact of the waiver and the reasons should be documented and recorded in an appropriate Body record and reported to the Audit Committee at each meeting. Page 26 of 43 Paper HEE 2b 9.5.3 Fair and Adequate Competition 9.5.3.1 Where the exceptions set out in SFI no. 9.5.2 apply, the Body shall ensure that invitations to tender are sent to a sufficient number of firms/individuals to provide fair and adequate competition as appropriate, and in no case less than three firms/individuals, having regard to their capacity to supply the goods or materials or to undertake the services or works required. 9.5.4 Approved Firms 9.5.4.1 The Body shall ensure that the firms/individuals invited to tender (and where appropriate, quote) are among those on approved lists. Where in the opinion of the Director of Finance it is desirable to seek tenders from firms not on the approved lists, the reason shall be recorded in writing to the Chief Executive. (See SFI no. 9.6.8 List of Approved Firms). 9.5.4.2 Items which subsequently breach thresholds after original approval Items estimated to be below the limits set in this Standing Financial Instruction for which formal tendering procedures are not used which subsequently prove to have a value above such limits shall be reported to the Chief Executive, and be recorded in an appropriate Body record. 9.6 Contracting/Tendering Procedure 9.6.1 Invitation to tender i) All invitations to tender shall state the date and time as being the latest time for the receipt of tenders. ii) Every tender for goods, materials, services or disposals shall embody such of the NHS Standard Contract Conditions as are applicable. iii) Tenders are to be requested in electronic form, refer to 9.6.3 9.6.3 Opening tenders and Register of tenders Health Education England (HEE) will use an electronic tendering (e-tendering) package either provided by one of its procurement partners or its own system for the receipt and opening of tenders Invitation to tender Page 27 of 43 Paper HEE 2b . Invitations to tender will be made by the electronic portal. Tenders and forthcoming opportunities will be advertised on the Contracts Finder site, and all suppliers will have to pre-qualify prior to the issue of any tender. All invitations to tender on a formal competitive basis shall state that no tender will be considered for acceptance unless submitted using this facility. Receipt of tenders . . . Tenders will be received in a locked electronic tender vault and the date and time of all tenders is stored electronically. The vault cannot be opened until the published date and time has passed. Access to the vault is restricted to a named individual (the verifier) who will be granted the appropriate access rights to open the vault. All activities have an associated audit trail which to the HEE’s Internal Audit Department will have access. Verifiers . . . . A list of staff eligible to act as verifiers will be drawn up by the Chief Executive and / or the Director of Finance When issuing a tender, the Procurement Partner team member will nominate another team member within Supplies or Executive Support (depending on delegated limits (see section 13) as verifier for that tender. System controls for a tender will be set to ensure that only the named verifier will be allowed to open the vault for the tender in question. Body to delegate the opening of the vault to another eligible member of staff lies with the verifier; this may occur in advance of any planned absence on the part of the nominated verifier. In the event of any unplanned absence on the part of the nominated verifier, the Head of Supplies will contact the supplier of the hosted environment and request a change to the verifier. This will create an audit trail. Under no circumstances can the verifier or ‘delegated’ verifier be the same person who issued the tender. . In line with many other Public Sector organisations, verifiers will be appointed on the following basis: Non OJEU Tenders - £20,000 to £111,676: The verifier will be a member of the purchasing management team but not the member who issued the tender. OJEU Tenders – In excess of £111,676: The verifier will be the Executive Support Manager or a named representative identified on the list of eligible verifiers. . Opening of Formal Tenders As soon as possible after the date and time stated as being the latest time for the receipt of tenders, the verifier shall open the vault. Page 28 of 43 Paper HEE 2b The opened tender must be accepted by the verifier before being passed to the relevant member of the purchasing management team for further work. No documentation can be altered once opened. Admissibility of Formal Tenders The date and time of the receipt is stored electronically and any tenders received after the specified date and time may be accepted or rejected at the discretion of the verifier. Late tenders can only be accepted if the vault has not already been opened. Once the vault is open, the facility allowing suppliers to submit tenders is deactivated preventing the submission of any late tenders. (viii) Incomplete tenders, i.e. those from which information necessary for the adjudication of the tender is missing, and amended tenders i.e., those amended by the tenderer upon his own initiative either orally or in writing after the due time for receipt, but prior to the opening of other tenders, should be dealt with in the same way as late tenders. (Standing Order No. 9.6.5) below). 9.6.4 Admissibility i) If for any reason the designated officers are of the opinion that the tenders received are not strictly competitive (for example, because their numbers are insufficient or any are amended, incomplete or qualified) no contract shall be awarded without the approval of the Chief Executive. ii) Where only one tender is sought and/or received, the Chief Executive and Director of Finance shall, as far practicable, ensure that the price to be paid is fair and reasonable and will ensure value for money for the Body. 9.6.5 Late tenders i) Tenders received after the due time and date, but prior to the opening of the other tenders, may be considered only if the Chief Executive or his nominated officer decides that there are exceptional circumstances i.e. despatched in good time but delayed through no fault of the tenderer. ii) Only in the most exceptional circumstances will a tender be considered which is received after the opening of the other tenders and only then if the tenders that have been duly opened have not left the custody of the Chief Executive or his nominated officer or if the process of evaluation and adjudication has not started. iii) While decisions as to the admissibility of late, incomplete or amended tenders are under consideration, the tender documents shall be kept strictly confidential, recorded, and held in safe custody Page 29 of 43 Paper HEE 2b by the Chief Executive or his nominated officer. 9.6.6 Acceptance of formal tenders (See overlap with SFI No. 9.7) i) Any discussions with a tenderer which are deemed necessary to clarify technical aspects of his tender before the award of a contract will not disqualify the tender. ii) The lowest tender, if payment is to be made by the Body, or the highest, if payment is to be received by the Body, shall be accepted unless there are good and sufficient reasons to the contrary. Such reasons shall be set out in either the contract file, or other appropriate record. iii) It is accepted that for professional services such as management consultancy, the lowest price does not always represent the best value for money. Other factors affecting the success of a project include: (a) experience and qualifications of team members; (b) understanding of client’s needs; (c) feasibility and credibility of proposed approach; (d) ability to complete the project on time. iv) No tender shall be accepted which will commit expenditure in excess of that which has been allocated by the Body and which is not in accordance with these Instructions except with the authorisation of the Chief Executive. v) The use of these procedures must demonstrate that the award of the contract was: a) not in excess of the going market rate / price current at the time the contract was awarded; (b) that best value for money was achieved. vi) All Tenders should be treated as confidential and should be retained for inspection. 9.6.7 Tender reports to the Body Board i) Reports to the Body Board will be made on an exceptional circumstance basis only. 9.6.8 List of Approved Firms (See SFI no. 9.5.4) (a) Responsibility for maintaining list A manager nominated by the Chief Executive shall on behalf of the Body maintain lists of approved firms from who tenders and quotations may be invited. These shall be kept under frequent review. The lists shall include all firms who have applied for permission to tender and as to whose Page 30 of 43 Paper HEE 2b technical and financial competence the Body is satisfied. All suppliers must be made aware of the Body’s terms and conditions of contract. (b) Where other factors are taken into account in selecting a tenderer, these must be clearly recorded and documented in the contract file, and the reason(s) for not accepting the lowest tender clearly stated. (c) Financial Standing and Technical Competence of Contractors The Director of Finance may make or institute any enquiries he deems appropriate concerning the financial standing and financial suitability of approved contractors. 9.6.9 Exceptions to using approved contractors If in the opinion of the Chief Executive and the Director of Finance it is impractical to use a potential contractor from the list of approved firms/individuals (for example where specialist services or skills are required and there are insufficient suitable potential contractors on the list), or where a list for whatever reason has not been prepared, the Chief Executive should ensure that appropriate checks are carried out as to the technical and financial capability of those firms that are invited to tender or quote. An appropriate record in the contract file should be made of the reasons for inviting a tender or quote other than from an approved list. 9.7 Quotations: Competitive and non-competitive 9.7.1 General Position on quotations Quotations are required where formal tendering procedures are not adopted and where the intended expenditure or income exceeds, or is reasonably expected to exceed amounts as laid down in the Body’s Scheme of Reservation and Delegation. 9.7.2 Competitive Quotations i) Quotations should be obtained from at least 3 firms/individuals based on specifications or terms of reference prepared by, or on behalf of, the Body in accordance with the Body’s Scheme of Reservation and Delegation. ii) Quotations should be in writing/electronic format unless the Chief Executive or his nominated officer determines that it is impractical to do so in which case quotations may be obtained by telephone. Confirmation of telephone quotations should be obtained as soon as possible and the reasons why the telephone quotation was obtained should be set out in a permanent record. All quotations should be treated as confidential and should be retained for inspection. Page 31 of 43 Paper HEE 2b iii) The Chief Executive or his nominated officer should evaluate the quotation and select the quote which gives the best value for money. If this is not the lowest quotation if payment is to be made by the Body, or the highest if payment is to be received by the Body, then the choice made and the reasons why should be recorded in a permanent record. 9.7.4 Quotations to be within Financial Limits 9.7.4.1 No quotation shall be accepted which will commit expenditure in excess of that which has been allocated by the Body and which is not in accordance with Standing Financial Instructions except with the authorisation of either the Chief Executive or Director of Finance. 9.8 Authorisation of Tenders and Competitive Quotations 9.8.1 Providing all the conditions and circumstances set out in these Standing Financial Instructions have been fully complied with, formal authorisation and awarding of a contract may be decided by staff to the value of the contract in accordance with the individual limits as laid down in the Body’s Scheme of Reservation and Delegation. 9.8.2 Formal authorisation must be put in writing. In the case of authorisation by the Body Board this shall be recorded in their minutes. Page 32 of 43 Paper HEE 2b Page 33 of 43 Paper HEE 2b 10. CONTRACTING AND PURCHASING 10.1 All goods and services, or works shall be ordered on an official order except works and services executed in accordance with a contract. 10.2 Official orders shall be consecutively numbered, in a form approved by the Director of Finance and shall include such information concerning prices or costs as required. The order shall incorporate an obligation on the supplier/contractor to comply with the Body's or other relevant Terms and Conditions of Purchase (such as Government Procurement Service). 10.3 Requisitions shall be approved only by officers authorised by the Chief Executive. The list of authorised officers shall be maintained for management control purposes by the Director of Finance. 10.4 Details of all orders placed should be available to the Director of Finance either in paper form or accessible through a computerised purchase ledger system. 10.5 The Director of Finance should ensure that appropriate delegation arrangements are in existence to ensure that no order is issued for any item for which there is no budget provision. In exceptional circumstances, senior officers, acting only on the express approval of the Chief Executive, may issue an order where there is no budget provision. 10.6 Orders shall not be placed in a manner devised to avoid the financial limits specified by the Body. 10.7 No order shall be issued for any item or items for which an offer of gifts, reward or benefit has been made to staff. All gifts and hospitality shall be recorded in a register of Gifts and Hospitality. 10.8 Goods are not to be taken on trial or loan in circumstances that could commit the Body to a future uncompetitive price. Page 34 of 43 Paper HEE 2b 11. INFORMATION TECHNOLOGY 11.1 General 11.1.1 In order to ensure compatibility and compliance with the Body's Computing Strategy, no computer hardware, software or facility will be procured without the authorisation of an officer specifically appointed by the Chief Executive. 11.2 Finance 11.2.1 The Director of Finance shall ensure that adequate controls exist such that the finance computer operation is separated from development, maintenance and amendment. 11.2.2 The Director of Finance and an officer specifically appointed by the Chief Executive shall ensure that an adequate management (audit) trail exists through the computerised finance system. 11.2.3 The Director of Finance shall satisfy himself that new financial systems and amendments to current financial systems are developed in a controlled manner and thoroughly tested prior to implementation. 12 INFORMATION GOVERNANCE 12.1 The Chief Executive shall be responsible for ensuring that the Body has notified with the Information Commissioner’s Office for compliance with the Data Protection Act 1998 and shall ensure that information is published and maintained in accordance with the requirements of the Freedom of Information Act 2000 (FOI). 12.2 The Director of Finance shall be primarily responsible for the accuracy and security of the computerised financial data of the Body in accordance with security retention and Data Protection policies as defined by the officer designated for this purpose by the Chief Executive. 12.3 An officer specifically appointed by the Chief Executive shall devise and implement any necessary procedures to ensure adequate protection of the Body's manual and computer data, programs and hardware for which the Chief Executive is responsible, from accidental or intentional disclosure to unauthorised persons, deletion or modification, theft or damage, having due regard for the Data Protection Acts and any defined NHS-wide security requirements. Page 35 of 43 Paper HEE 2b 12.4 An officer specifically appointed by the Chief Executive shall ensure that adequate controls exist over data entry, processing, storage, transmission and output to ensure security, privacy, accuracy, completeness, and timeliness of all Body financial systems and data as well as the efficient and effective operation of the system. 12.5 The Director of Finance shall ensure that contracts for computing services for financial applications with another agency shall clearly define the responsibility of all parties for the security, privacy, accuracy, completeness, and timeliness of data during processing transmission and storage. The contract should also ensure rights of access for audit purposes. 12.6 Where another agency provides a computer service for financial applications, the Director of Finance shall periodically seek assurances that adequate controls as outlined in 12.3, 12.4 and 12.5 above are in operation. 12.7 The Director of Finance and an officer specifically appointed by the Chief Executive shall ensure that adequate controls exist to maintain the security, privacy, accuracy and completeness of financial data sent over transmission networks. Page 36 of 43 Paper HEE 2b 13. INTERNAL AUDIT 13.1 The Chief Executive shall be responsible for ensuring that there are arrangements to measure, evaluate and report on the adequacy and effectiveness of internal control and efficient use of resources by the establishment of an adequate Internal Audit Service headed by the Director of Finance. The service shall be provided either by staff employed by the Body and/or through a service procured from an outside agency. Any staffing within the Internal Audit Service or agencies employed shall be of sufficient quality and quantity to achieve mandatory audit standards. Any third party contracts will be awarded after a tender process as per the Contracting and Purchasing rules contained within these SFIs. 13.2 The Body shall appoint a Head of Internal Audit who will have overall responsibility for the internal audit function whether provided directly by the Body or procured through other organisations. 13.3 The terms of reference of the Internal Audit Service are to review, appraise and report to management upon: • the soundness, adequacy and application of financial and other management controls. • the extent of compliance with, relevance and financial effect of, established policies, plans and procedures. • the extent to which the Body's assets and interests are accounted for and safeguarded from losses of all kinds arising from: a) b) Criminal offences Waste, extravagance and inefficient administration, poor value for money or other cause. • the suitability and reliability of financial and other management data developed within the organisation • the adequacy of follow-up action to Audit reports. 13.4 Management's responsibility is to establish systems of internal control for all operations, both computerised and manual, for which it is responsible to ensure that these are properly run. 13.5 Internal Audit's basic objective is, therefore, to assist the various levels of management in discharging their duties and responsibilities by carrying out appraisals and making the necessary appropriate recommendations to management for operations under its control. Page 37 of 43 Paper HEE 2b 13.6 The Head of Internal Audit shall prepare and submit to the Audit Committee Strategic Audit Plans to indicate the extent of audit cover proposed and to demonstrate the ability of the anticipated audit resource to address the Body's internal audit need. 13.7 The Head of Internal Audit shall report annually to the Audit Committee on the extent of audit cover achieved, providing a summary of audit activity during the report period, detailing the degree of achievement of the approved plan, a clear opinion on the effectiveness of internal control in accordance with current assurance framework guidance and details of any major internal control weaknesses discovered. 13.8 Internal Audit shall be entitled, without necessarily giving prior notice, to require and receive: • access to all records, documents and correspondence relating to any financial or other relevant transactions, including documents of a confidential nature (in which case, the Director of Finance shall have a duty to safeguard the confidentiality), • access at all reasonable times to any land, premises or employee of the Body, • the production or identification by any employee of any Body cash, stores or other property under the employee's control, • explanations concerning any matter under investigation or review. 13.9 Where a matter arises which involves, or is thought to involve, irregularities concerning cash, stores or other property of the Body, or any suspected irregularity in the exercise of any function of a pecuniary nature, the Director of Finance shall be notified immediately. 13.10 The Director of Finance via Internal Audit Counter Fraud Specialist, shall investigate misappropriation or other irregularities necessary, with relevant Managers and Police where appropriate. 13.11 The Director of Finance shall report directly to the Chief Executive and shall refer audit reports to the appropriate designated officers. Failure to take remedial action within a reasonable period shall be reported to the responsible Manager. Where, in exceptional circumstances, the use of normal reporting channels could be seen and the appointed Local cases within the Body of in conjunction, where in consultation with the Page 38 of 43 Paper HEE 2b as a possible limitation on the objectivity of the audit, Internal Audit shall have access to report directly to the Chief Executive, the Chair of the Body or the Chair of the Audit Committee. 14. 14.1 14.2 LOSSES AND SPECIAL PAYMENTS The Director of Finance shall prepare procedural instructions on the recording of and accounting for losses and special payments. 14.3 Any employee discovering or suspecting a loss of any kind must immediately inform their respective Director, who must immediately inform the Chief Executive and the Director of Finance. Where a criminal offence is suspected, the Director of Finance must immediately inform the police. In cases of fraud and corruption or of anomalies which may indicate fraud or corruption, the Director of Finance must inform the relevant Local Counter Fraud Specialist and both Internal and External Auditors. The Director of Finance will provide the Treasury with details of all novel or unusual frauds or attempted frauds. 14.4 For losses apparently caused by theft, arson, neglect of duty or gross carelessness, except those which are of a trivial nature the Chief Executive will immediately notify: i) The Board ii) The External Auditor 14.5 Within the limits delegated to it by the Department of Health, the Body shall delegate its responsibility to approve losses and authorise special payments to the Chief Executive and Director of Finance acting jointly. 14.6 No losses or special payments exceeding the delegated limits shall be made without prior Department of Health approval. 14.7 The Director of Finance shall be authorised to take any necessary steps to safeguard the Body's interest in bankruptcies and company liquidations. 14.8 For any loss, the Director of Finance should consider whether any insurance claim can be made. 14.9 The Director of Finance shall maintain a losses and special payments register in which write off action is recorded. 14.10 All losses and special payments must be reported to the Audit Committee on a regular basis. Page 39 of 43 Paper HEE 2b 15. COUNTER FRAUD INVESTIGATION AND SECURITY MANAGEMENT 15.1 Counter Fraud Investigation 15.1.1 In line with the responsibilities as set out in the Secretary of State's Directions on Fraud and Corruption, the Body's Chief Executive and Director of Finance shall monitor and ensure compliance with: i) the requirement to have in place a Local Counter Fraud Specialist (LCFS), reporting to an officer delegated by the Chief Executive and working with staff in the Counter Fraud and Security Management Service in accordance with the NHS Counter Fraud and Corruption Manual. ii) the protocol governing the Body’s assistance to the Counter Fraud and Security Management Service. 15.1.2 The Local Counter Fraud Specialist will provide a written report, at least annually, on counter fraud work within the Body. 15.2 Security Management 15.2.1 In line with their responsibilities, the Chief Executive will monitor and ensure compliance with Directions issued by the Secretary of State for Health on NHS security management. 15.2.2 The Body shall nominate a suitable person to carry out the duties of the Local Security Management Specialist (LSMS) as specified by the Secretary of State for Health guidance on NHS security management. 16. EXTERNAL AUDIT 16.1 The external audit of Health Education England is undertaken by the National Audit Office, whose powers are conferred under the National Health Service Act 1977. Page 40 of 43 Paper HEE 2b 16.2 The National Audit Office’s powers to obtain documents and information were consolidated in the NAO Act 1983. This legislation provides that the Comptroller and Auditor General shall have a right of access at all reasonable times to all such documents as he may reasonably require for carrying out examination and shall be entitled to require from any person holding or accountable for any such document such information and explanation as are reasonably necessary for that purpose. 16.3 These rights of access extend to the annual audit of all systems, establishments and processes associated with the NHS CBA's functions. 17. RISK MANAGEMENT 17.1 The Chief Executive shall ensure that the Body has a programme of risk management, in accordance with current Department of Health assurance framework requirements, which shall be approved and monitored by the Audit Committee. 17.2 The programme of risk management shall include: i. A process for identifying and quantifying risks and potential liabilities; ii. Engendering among all levels of staff a positive attitude towards the control of risk; iii. Management processes to ensure that all significant risks and potential liabilities are addressed including effective systems of internal control and decisions on the acceptable level of retained risk; iv. Contingency plans to offset the impact of adverse events; v. Audit arrangements including internal audit and health and safety reviews vi. Arrangements to review the risk management programme. 17.3 The existence, integration and evaluation of the above elements will assist in providing a basis to make a statement on the effectiveness of internal control within the Annual Report and Accounts as required by the Department of Health. 17.4 The Director of Finance shall ensure that insurance arrangements exist in accordance with the risk management programme and shall demonstrate value for money for any insurance obtained. Page 41 of 43 Paper HEE 2b 18. RETENTION OF NHS DOCUMENTS 18.1 The Chief Executive shall be responsible for maintaining archives for all documents required to be retained in accordance with Department of Health guidelines. 18.2 The documents held in archive shall be capable of retrieval by persons authorised by the Director of Finance. 18.3 Documents held in accordance with Department of Health guidance shall only be destroyed at the express instigation of the Chief Executive. Records shall be maintained of all documents so destroyed. Page 42 of 43 Paper HEE 2b Page 43 of 43 HEE Apr 15.5: Annex C Health Education England SCHEME OF DELEGATION This document provides reference to areas of delegated responsibility as defined in Board’s Standing Orders and Standing Financial Instructions. The following abbreviations are used throughout: Chief Executive (CE) Director of Finance (DF) Corporate Secretary (CS) Head of Internal Audit (HIA) Audit Committee (AC) HEE (Body) SCHEME OF DELEGATION IMPLIED BY WAYS OF WORKING (STANDING ORDERS) SO ref 3.1 3.3 Delegated to Powers delegated Chair Urgent decisions on behalf of Body (subject to report at next meeting). Corporate Maintain a register of members’ interests in any matter Secretary relating to the Body. 3.4.2 3.4.5 Chair Chair 4 Chair 5.1.1 5.1.2 Corporate Secretary Chair Determine the nature of a formal vote. Cast a second and deciding vote in the case of an equal vote. The decision of the Chair on order, relevancy and regularity and interpretation of Ways of Working (Standing Orders) shall be final as advised by the CE and CS. Responsible for formally recording meetings 5.1.3 5.1.4 5.1.6 CE Chair Chair Responsible for summarising action points and decisions during the meeting. Review draft Board minutes Approve Board minutes Sign the minutes at the following meeting creating an official record of the meeting SCHEME OF DELEGATION IMPLIED BY STANDING FINANCIAL INSTRUCTIONS SFI ref 1.2.2.1 Delegated to CE 1.2.2.2 DF 1.2.2.3 CE and DF 1.2.2.4 1.2.3.1 1.2.3.2 1.2.3.2 CE DF DF DF Powers delegated Overall executive responsibility for Body’s activities and meeting resource and cash limits CE to delegate detailed responsibility for financial activities and controls to DF Responsible for the implementation of the Body’s financial policies and for co-ordinating any corrective action necessary to further these policies Staff to be notified of SFI responsibilities Approve all financial procedures Provision of financial advice to members and staff Design, implementation and supervision of systems of internal financial control 1.2.3.2 1.2.3.4 DF DF 1.2.4.1 1.2.4.1 Board, members and employees Any officer 1.2.4.1 DF 1.2.5.1 Directors 1.2.5.2 CE 1.2.6.1 1.2.6.2 AC AC Chair 2.1 DF 2.2 DF 2.3 2.4-2.11 CE DF 2.12-2.15 2.16 CE DF 2.17 3 4.1-4.7 5.1.1 CE DF CE and DF CE 5.1.2 CE 5.1.2 DF 5.1.5 DF 5.1.6 CE 5.1.7 5.2.1 5.2.2 DF CE and DF DF 5.2.3 CE 5.2.6 DF Maintenance of proper accounting records Ensure cash is drawn for approved expenditure only and only at the time of need Responsible for the security of the Body’s property; avoiding loss; exercising economy and efficiency in the use of resources; conforming with SOs, SFIs, Scheme of Delegation and Financial Procedures Report any irregularities or impropriety relating to these regulations to the Director of Finance Consider any such suspicions to determine if the case should be referred to the Local Counter Fraud Specialist Directors responsible for arranging contracts shall ensure that those contracts are correctly monitored and governed Ensure that contractors who are empowered by the Body to commit the Body to expenditure are aware that they are covered by the SFIs Provide an independent and objective view of internal control Report evidence of ultra vires transactions, evidence of improper acts or other important matters to the DF and CE. If the matter is not resolved the matter will be raised at a full meeting of the Board Prepare and submit financial plans in accordance with DH requirements Ensure that financial details contained within service agreements of contracts are consistent with the requirement to balance income and expenditure Compile and submit annual business plan to Body and DH Compile financial estimates, forecasts and monitor spending and report on exceptions Establish delegated budgeting control framework Inform CE of financial consequence of change in policy, pay awards and other events affecting budgets and advise on the financial and economic aspects of future plans and projects Ensure appropriate financial monitoring forms are submitted Preparation of annual accounts Overall banking arrangements Ensure adequate appraisal process in place for determining capital expenditure priorities Ensure that a business case is produced in line with guidance Certify the costs and revenue consequences of businesses cases Issue procedures for the regular reporting of expenditure and commitment against authorised expenditure Authorise an officer of the Body to commit expenditure, proceed to a competitive offer and approval to accept a successful competitive offer Issue procedures governing financial management Maintain Asset Register and Register of Inventory Items Determine necessary action in the case of persistent breach of agreed security practices Define the items of equipment to be recorded on either the Capital Asset Register or Inventory Register Approve procedures for reconciling balances on fixed asset 3 5.2.9 5.2.12 5.3.1 6 7.1.1 7.3 7.4.1 DF DF DF DF CE DF CE 8 10 10.6 10.7 DF DF CE CE 11.1 CE 12.2 DF 12.3 CE 12.4 CE 12.5 DF 12.6 DF 12.7 DF 13.1 13.2-13.8 13.10 13.11 14 15.1 CE HIA DF DF DF CE and DF 17.1 CE 17.4 DF 18.1 CE 18.2 DF accounts against fixed asset registers Calculate and account for capital charges Maintain register of properties owned or leased by Body Approve asset control procedures Cash and cheque security arrangements Approve changes to funded establishment where necessary Arrangements for payment of staff Ensure all employees are issued with a contract of employment Payment of accounts arrangements Contracting and purchasing arrangements Approve orders for which there is not budget provision Ensure arrangements are in place to maintain a register of Gifts and Hospitality Ensure Body is registered for compliance with Data Protection Act and that a Freedom of Information Publication Scheme is published and maintained Ensure the accuracy and security of computerised financial data is in accordance with security retention and Data Protection policies Appoint an officer to devise and implement necessary procedures to ensure protection of Body’s IT system Appoint an officer to ensure adequate controls exist over data entry, processing, storage, transmission and output to ensure security, privacy, accuracy, completeness, and timeliness of all Body finance systems Ensure that contracts relating to the computerised financial system clearly define responsibilities Ensure adequate assurance is received where other agencies provide a computer service for financial applications regarding relevant controls Ensure adequate controls exist for the transmission of financial data across networks Ensure Internal Audit arrangements are in place Responsible for internal audit function Investigate irregularities Immediately report any such irregularities to the CE Losses and special payments arrangements Monitor and ensure compliance with NHS Protect arrangements Ensure the Body has a programme of risk management in place Ensure insurance arrangements exist in accordance with the risk management programme Maintain archives for all documents required to be retained under DH guidelines Authorise individuals to retrieve archived documents SCHEDULE OF MATTERS RESERVED TO THE BOARD 1. ROLE OF THE CHIEF EXECUTIVE 1.1. All powers of the Body that have not been retained as reserved for the Board or otherwise delegated to a committee, sub-committee or other body, shall be exercised on behalf of the Board by the Chief Executive unless otherwise specified in the Standing Financial Instructions or Scheme of Delegation. The Board may at any time withdraw, alter or vary such delegation either generally or in relation to any specific matter. 1.2. This reflects the responsibility of the Chief Executive as the Accounting Officer for the Body. The Chief Executive shall prepare and maintain a detailed Schedule of Delegation identifying the functions he/she shall perform personally and those delegated to directors. Such delegated powers can be undertaken by the Chief Executive when the need arises. 1.3. The identification of specified directors under this scheme of delegation does not, unless specifically stated, limit their discretion to allocate a task to subordinates, but the director concerned will always be held accountable for those tasks assigned as responsible officer, regardless of any subsequent delegation. 1.4. In the absence of the Chief Executive, powers delegated to him/her may be exercised by the Director of Finance or, in his/her absence, such other director determined by the Chief Executive with the agreement of the Chairman. In the absence of directors their delegated powers will normally revert to the Chief Executive unless an alternative nominated officer is agreed by the Chief Executive and the Chairman. 1.5. The Chief Executive has a responsibility to consult with the Board regarding any decision, transaction or other matter which might reasonably be expected to expose Health Education England to significant financial, reputational, business or other risk. 2. MATTERS RESERVED TO THE BOARD REGULATION AND CONTROL 2.1. To approve Standing Orders, Standing Financial Instructions, Matters Reserved for the Board and the Scheme of Delegation for the regulation of its proceedings and business, and any subsequent variations thereto. 2.2. To receive and review the Register of Interests declared by members of the Board, which may conflict with those of the Body and determining the extent to which that member may remain involved with the matter under consideration. 2.3. To ratify any urgent decisions taken by the Chairman in accordance with Standing Order 3.1. 2.4. To agree action on litigation against or on behalf of the Body in circumstances which would have a significant impact on the commercial interests or reputation of Health Education England 3. APPOINTMENTS 3.1. To appoint and dismiss chairs and members of committees of the Board, and approve the Terms of Reference for such committees. 3.2. The Chair of the Audit Committee will be appointed by the Secretary of State for Health. 3.3. To agree the delegation by a Board committee of its powers to a subcommittee. 3.4. Chairman and non-executive members only: To discipline and dismiss, as appropriate, the Chief Executive. 3.5. Chairman, non-executive members and Chief Executive only: To appoint and dismiss, as appropriate, executive members of the Board. 4. BUSINESS PLANS AND BUDGETS 4.1. To review and approve annually: 4.1.1. The Body’s Business Plan 4.1.2. The Body’s Annual Revenue and Capital Budgets 4.2. To approve any changes to the Body’s strategic corporate objectives following agreement of the Business Plan. 4.3. To approve the Body’s policies and procedures (as reviewed by the Audit Committee) for the management of risk. 5. FINANCIAL AND PERFORMANCE MONITORING 5.1. To appraise the overall business performance of the Body by receiving a report from the Chief Executive at each meeting of the Board. 5.2. To approve on an annual basis the Body’s use of the Resource Limit for the year. 5.3. To appraise the financial position of the Body, by receiving a report at each meeting from the Director of Finance. 5.4. To appraise other aspects of performance monitoring by receiving periodic reports linked to progress in achieving the Body’s objectives as set out in the strategy and annual corporate business plan. 5.5. To receive other reports, as it sees fit, from members, committees and officers of the Body. 6. AUDIT ARRANGEMENTS 6.1. To approve audit arrangements, including the appointment and, if necessary, dismissal of the Body’s internal auditors. In the first instance, this will be provided by the Department of Health Internal Audit function, pending longer term arrangements being put in place. 6.2. To receive reports of the Audit Committee meetings and approve recommendation on investigations carried out into breaches of Standing Orders or Standing Financial Instructions. 6.3. To receive the Annual Audit Letter received from the external auditor and agree appropriate action on the recommendation of the Audit Committee. 6.4. To receive an annual report from the Internal Auditor and agree action on recommendations, where appropriate, of the Audit Committee. 7. APPROVAL OF ANNUAL REPORTS AND ACCOUNTS 7.1. To approve and adopt the Body’s Annual Report. 7.2. To receive and adopt the full and complete set of Annual Statements of Account. 7.3. To receive and adopt the Annual Report of the Audit Committee. 7.4. To call an Annual Public Meeting at which the Body’s Annual Report and Annual Accounts will be presented. SCHEME OF DELEGATION DERIVED FROM THE ACCOUNTABLE OFFICER MEMORANDUM REF DELEGATED TO DUTIES DELEGATED 7 CE Accountable through NHS Accounting Officer to Parliament for stewardship of Body resources. 9 CE AND DF Ensure the accounts of the Body are prepared under principles and in a format directed by Parliament. Accounts must disclose a true and fair view of the Body’s income and expenditure and its state of affairs. Sign the accounts on behalf of the Board. 10 CE 12 & 13 CE Ensure a signed statement is included with the accounts outlining the Chief Executive’s responsibilities as the Accountable Officer. Sign a statement in the accounts outlining responsibilities in respect of Internal Control Ensure effective management systems that safeguard public funds and assist Body Chairman to implement requirements of corporate governance including ensuring managers: • have a clear view of their objectives and the means to assess achievements in relation to those objectives; • be assigned well defined responsibilities for making best use of resources; • have the information, training and access to the expert advice they need to exercise their responsibilities effectively. 12 13 Chair CE Implement requirements of corporate governance Achieve value for money from the resources available to the Body and avoid waste and extravagance in the organisation's activities. Follow through the implementation of any recommendations affecting good practice as set out on reports from such bodies’ as the National Audit Office (NAO). 15 DF 15 16 CE CE Operational responsibility for effective and sound financial management and information Primary duty to see that DF discharges this function. Ensuring that expenditure by the Body complies with Parliamentary requirements. 17 CE The Codes of Conduct and Accountability incorporated in the Corporate Governance Framework issued to NHS Boards by the Secretary of State are fundamental in exercising your responsibilities for regularity and probity. As a Board member you have explicitly subscribed to the Codes; you should promote their observance by all staff. 18 CE AND DF 19 CE Chief Executive, supported by Director of Finance, to ensure appropriate advice is given to the Board on all matters of probity, regularity, prudent and economical administration, efficiency and effectiveness If CE considers the Board or Chairman is doing something which might infringe probity or regularity, he/she should set this out in writing to the Chairman and the Board. If the matter is unresolved, he/she should ask the Audit Committee to inquire and if necessary the Body and Department of Health. 21 CE If the Board is contemplating a course of action which raises an issue not of formal propriety or regularity but affects the CE’s responsibility for value for money, the CE should draw the relevant factors to the attention of the Board. If the outcome is that you are overruled it is normally sufficient to ensure that your advice and the overruling of it are clearly apparent from the papers. Exceptionally, the CE should inform the Body and the DH. In such cases, and in those described in paragraph 24, the CE should as a member of the Board vote against the course of action rather than merely abstain from voting. SCHEME OF DELEGATION DERIVED FROM THE CODES OF CONDUCT AND ACCOUNTABILITY REF Delegated to 1.3.1.7 Board 1.3.1.8 Board 1.31.9 Board & 1.3.2.2 AUTHORITIES/DUTIES DELEGATED Approve procedure for declaration of hospitality and sponsorship. Ensure proper and widely publicised procedures for voicing complaints, concerns about maladministration, breaches of Code of Conduct, and other ethical concerns Subscribe to Code of Conduct. 1.3.2.4 Board 1.3.2.4 Chair And Non –Executive Members Board members share corporate responsibility for all decisions of the Board Chair and non-officer members are responsible for monitoring the executive management of the organisation and are responsible to the SofS for the discharge of those responsibilities. 1.3.2.4 Board The Board has six key functions for which it is held accountable by the Department of Health on behalf of the Secretary of State: 1. to ensure effective financial stewardship through value for money, financial control and financial planning and strategy; 2. to ensure that high standards of corporate governance and personal behaviour are maintained in the conduct of the business of the whole organisation; 3. to appoint, appraise and remunerate senior executives; 4. on the recommendation of the Chief Executive [and Senior Management Team], to ratify the strategic direction of the organisation within the overall policies and priorities of the Government and the NHS, define its annual and longer term objectives and agree plans to achieve them; 5. to oversee the delivery of planned results by monitoring performance against objectives and ensuring corrective action is taken when necessary; 6. to ensure an effective dialogue with the stakeholders on their plans and performance and that these are responsive to the community's needs. 1.3.2.4 Board It is the Board’s duty to: 1. act within statutory financial and other constraints; 2. be clear what decisions and information are appropriate to the Board and draw up Standing Orders, a Schedule of Decisions Reserved to the Board and Standing Financial Instructions to reflect these; 3. ensure that management arrangements are in place to enable responsibility to be clearly delegated to senior executives for the main programmes of action and for performance against programmes to be monitored and senior executives held to account; 4. establish performance and quality measures that maintain the effective use of resources and provide value for money; 5. specify its requirements in organising and presenting financial and other information succinctly and efficiently to ensure the board can fully undertake its responsibilities; 6. establish Audit and Remuneration Committees on the basis of formally agreed terms of reference which set out the membership of the sub-committee, the limit to their powers, and the arrangements for reporting back to the main Board. 1.3.2.5 Chair It is the Chairman's role to: 1. provide leadership to the Board; 1.3.2.5 CE 1.3.2.6 Non Executive Directors 1.3.2.8 Board and senior management team 1.3.2.9 Board 2. enable all Board members to make a full contribution to the Board's affairs and ensure that the Board acts as a team; 3. ensure that key and appropriate issues are discussed by the Board in a timely manner; 4. ensure the Board has adequate support and is provided efficiently with all the necessary data on which to base informed decisions; 5. lead non-executive Board members through a formally-appointed Remuneration Committee of the main Board on the appointment, appraisal and remuneration of the Chief Executive and (with the latter) other executive Board members; 6. appoint non-executive Board members to an Audit Committee of the main Board; 7. advise the Secretary of State on the performance of non-executive Board members The Chief Executive is accountable to the Chairman and non-executive members of the Board for ensuring that its decisions are implemented, that the organisation works effectively, in accordance with Government policy 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. The other duties of the Chief Executive as Accountable Officer are laid out in the Accountable Officer Memorandum. Non-Executive Directors are appointed by the Secretary of State to bring independent judgement to bear on issues of strategy, performance, key appointments and accountability through the Department of Health to Ministers and to the local community Declaration of conflict of interests. NHS Boards must comply with legislation and guidance issued by the Department of Health on behalf of Parliament, respect agreements entered into by themselves or in on their behalf and establish terms and conditions of service that are fair to the staff and represent good value for taxpayers' money. Scheme of Financial Delegation This section sets out individual financial approval limits. Any requisitions and co mmitments authorised using these limits must be within the budget available. PROGRAMME COSTS 1. Scheme of Financial Delegation for requisitions and commitments in respect of Education Contracts – REVENUE* Approval of Contractual Expenditure Financial Limits Over £50m Up to £50m Up to £35m Up to £10m Up to £1m Up to £250,000 Up to £10,000 Board Approval followed by HM Treasury approval via DH Chief Executive / Director of Finance Director of Geographies Local Director Executive Team members Head of Finance and other designated Senior Managers to be agreed by the Director of Finance / Chief Executive Nominated Budget holders 2. Scheme of Financial Delegation for requisitions and commitments in respect of Other Programme Costs - REVENUE* Approval of Other Programme Costs Financial Limits Over £50m Up to £50m Up to £35m Up to £10m Up to £500,000 Up to £250,000 Up to £10,000 Board Approval followed HM Treasury approval via DH Chief Executive/Director of Finance Director of Geographies Local Director Executive Team Members Head of Finance and other designated Senior Managers to be agreed by the Director of Finance/Chief Executive Nominated Budget holders ADMINISTRATION COSTS 3. Scheme of Financial Delegation for requisitions and commitments in respect of goods and services - REVENUE* Approval of Goods and Services (Administration Costs) Financial Limit Over £50m HM Treasury approval via DH Between £35m - £50m Board approval and DH review Up to £35m Board approval Up to £1m Chief Executive, Director of Finance Up to £500,000 Executive Team Members Up to £100,000 Head of Finance and designated Senior Managers agreed by the Director of Finance / Chief Executive All Other Up to £10,000 Budget holders * The revenue expenditure authorisation limits in all of the tables above refers to the commitment of new expenditure, extensions or material changes to current business. Where Department of Health and/or Cabinet Office specific restrictions apply ( eg digital controls) , the maximum limit is the lower of the above limit and the one specified by Cabinet Office. It should be noted that the expenditure thresholds applied by the Cabinet Office mean that HEE has no delegated authority levels for certain types of expenditure. 4. EU Procurement Regulations The EU procurement rules known as the Public contract regulations (PCR 2015) have recently been reviewed by The Cabinet Office and updated with a number of key changes for the UK. The significant changes are in relation to the process and thresholds for the requirement of advertising the procurement process. For all services that were previously classified as Part A services (education and training) and are not now listed in the light touch regime annex the threshold remains at £111, 676 (amounts reviewed Bi-annually) For services that are now classified under the new “light touch regime” which includes health, social, education and other service contracts the threshold is now £625,000. All contracts above these thresholds must be advertised in accordance with the procurement regulations. Procedure documents advising managers of the due process they must follow, whilst acting under the Scheme of Financial Delegation will be issues with the revised SOFD after the Board meeting 5. INVOICE AUTHORISATION LEVELS Transactions with suppliers may necessitate approval of payments which are higher than the level of authority a member of staff may have to commit to new expenditure. A register of approval limits for each individual member of staff will be maintained by the Director of Finance. Invoice authorisation levels apply to expenditure against cost centres within the responsibility of the individual only. 6. AUTHORISATION OF VIREMENT- REVENUE Funds should be used for the purposes determined by the Board. Any proposed change in use must be fully considered. Virement may not take place between the highest level budget categories agreed Future Workforce, Workforce Development, National Programmes, Education Support and Administration unless agreed by the Board for values in excess of £1million or the Director of Finance/Chief Executive for values up to £1million. Value of delegated virement Within the high level budget category Up to the value of the budget category Up to £100,000 Up to £10,000 . HEE Chief Executive/Director of Finance Executive Team members/Head of Finance Nominated Budget Holders 7. SCHEME OF FINANCIAL DELEGATION TO COMMIT EXPENDITURE – CAPITAL Capital Expenditure Type Capital Investment – Non ICT Eligible Spend • Whole life costs including revenue costs Limits Approval Body/Process >£5k The Director of Financ e will determi ne if the Board has Body to approve the capital spend or if further approval is require d from Depart ment of The Director of Financ e will determi ne if the Board has Body to approve the capital spend or if further approval is require d from Depart ment of Health and/or Cabinet Office. • Excluding ICT costs Capital Investment ICT spend on systems that support admini stration • Whole life costs including revenue costs • Includes finance, HR or procurement ac tivities • Upgrades to existing systems • Hosting contracts for above systems • Feasibility, and/or proof of concept studies, pilots • Projects and Progra mmes • Existing framework >£5k Capital Expenditure Type Capital Investment – Other ICT spend Property including leases Asset Disposal Eligible Spend Limits Approval Body/Process • Whole life costs including revenue costs • New ICT contracts • ICT contract amendments, contract extensions • Feasibility, and/or proof of concept studies, pilots • Projects and Progra mmes • Existing framework contracts • New leases • Renewals of existing leases • Non-exercise of lease break options • Acquisitions • New build developments • Sale and lease back • Freehold sales >£5k The Director of Financ e will determi ne if the Board has Body to approve the capital spend or if further approval is require d from Department of Health and/or Cabinet Office. All The Director of Financ e will determi ne if the Board has Body to approve the capital spend or if further approval is require d from Depart ment of Health and/or Cabinet Office. • Dispose of assets including formal write off £500k limit Treasury approval required for asset HEE Apr 15.5 Annex D Meeting Date Report Title Report Author Purpose 21 April 2015 NDPB status – issues for HEE staff Gary Theobald, Head of HR & OD For information 1 INTRODUCTION 1.1 The purpose of this paper is to set out the key actions taken to support, advise and formally consult with staff regarding Health Education England’s move to non-departmental public body status with effect from 1 April 2015. 2 BACKGROUND 2.1 The Care Act 2014 1 formally established Health Education England (HEE) as a non-departmental public body (NDPB), replacing its former status as a special health authority. Sections 96 to 108 of the Act reaffirm the formal duties, role and responsibilities of HEE. HEE was required to formally consult with staff, and their representatives, as part of this change and the formal consultation document agreed by the Board, and issued on 19 November 2014, discharged that liability. 2.2 The formal consultation period extended from 19 November 2014 until 9 January 2015. The formal consultation document 2 emphasised that as part of the change to NDPB status: 1 2 HEE remains an “NHS employer” and will still be listed as such under Annex 2 of the NHS Terms and Conditions Handbook Service as a direct employee with HEE will count as continuous NHS service under NHS terms and conditions of service HEE will continue to deploy and support national NHS terms and conditions of service for its staff (eg Agenda for Change and the national medical and dental terms and conditions) HEE and its staff will retain continuing membership of the NHS Pension Scheme (please see Annex F: letter of 13 November 2014 from the NHS Business Services Authority regarding NHS Pensions) Care Act 2014: http://www.legislation.gov.uk/ukpga/2014/23/pdfs/ukpga_20140023_en.pdf Realising Our Potential: a sustainable future for Health Education England: http://hee.nhs.uk/wpcontent/blogs.dir/321/files/2014/05/Realising-Our-Potential-Phase-2-consultation-document1.pdf 2 2.3 Newly recruited HEE employees will be able to join the NHS Pension Scheme. Formal consultation with HEE’s recognised trade unions took place concurrently with the period of staff consultation. Formal discussions regarding the content of the consultation document, HEE’s aims for the consultation and the consultation process itself, took place with trade union representatives at meetings of the HEE Partnership Forum on the following dates: 5 November 12 November 17 November 5 December 16 December 15 January 2015 23 January 3 ENGAGEMENT WITH STAFF 3.1 During the course of the consultation period, and in addition to the formal consultation processes outlined above, a number of briefing materials were published, and engagement sessions held, in support of the consultation proposals to encourage further discussion with, and engagement of, HEE’s staff as follows; Chief Executive’s letter to staff – 12 November 2014 Initial briefing sessions by HEE Directors with staff – 19 to 21 November Staff engagement sessions within each LETB area and national teams – 24 November to 15 December 2015. Updated Q&A documents on the intranet Chief Executive’s all-staff webinar 7 January 2015. 3.2 Following the initial briefing sessions, the engagement events provided the opportunity to broaden the dialogue to encompass how we will work together and improve our collective impact as one HEE and as an NDPB. The sessions were organised and managed consistently across LETBs and national functions. In addition, there was a common structure, attendance and questions. There was also scope for local variation to suit the local context as appropriate. 3.3 Each of the LETB events were led either by the appropriate National Director (geography) supported by the LETB Director, and an HR lead. The national team events were led by two Executive Directors, again supported by an HR lead. 3.4 Topics for discussion within the engagement events included: 3 How we will make best use of staff skills in this new system, including working across boundaries and potentially nationally and locally in new teams Determining the best way of ensuring that we share good practice and work together on implementing it Agreeing how we can intensify our impact in the area of workforce transformation If we want to be a great employer: How can we foster a culture of respect and performance? How can we ensure our actions mirror our values? What other actions can we take? What else would help you to do your job better? 3.5 The sessions provided HR staff with the opportunity to ensure questions about rights, terms and conditions, processes, applying for jobs and other areas were covered at the events, alongside queries about the impact of NDPB status. 4 SUPPORT FOR STAFF 4.1 In recognition of the fact that periods of organisational change can be unsettling for staff, a number of support options were made available to staff, including: Help to prepare staff for change, including information on pensions and benefits and providing support to employees to take these discussions forward wherever possible; Support to staff in developing and using formal and informal networks to open up and access opportunities for development or other roles; Understand personal responses to change and how to cope with this. 4.2 A comprehensive range of support materials for staff, ‘Your Staff Support’3, had previously been developed by HEE’s HR Network in conjunction with staff-side representatives and was officially launched on 5 November 2014. Staff and managers were encouraged and reminded to make use of these resources throughout the consultation period and during the subsequent implementation of the changes in 2015. 5 RESPONDING TO THE CONSULTATION 5.1 Responses, comments and views were actively encouraged as part of the consultation. Staff meetings during the consultation period were arranged in 3 “Your Staff Support” – Health education England, November 2014: http://nww.hr.hee.nhs.uk/HEE%20all%20docs/staffsupport/Staff%20Support%20Booklet%20v3%20HR%20Direct.pdf 4 order to clarify any queries regarding these proposals and/or to give staff the opportunity to convey their views. Staff affected were encouraged to invite their Trade Union representatives to accompany them if they so wished. 5.2 Across the staff meetings, and through the dedicated in-box for email responses, over 2,000 submissions and suggestions were received. Those relating to NDPB status formed a minority of the responses received and, in summary, consisted of more detailed follow-up questions about individual staff situations and requests for a better understanding of the impact on HEE’s national position within the wider national NHS architecture. (On the latter point, general assurances were given about NDPB status offering a more substantive statutory position to HEE and other ALBs – such as NHS England – which have this status). 6 RECOMMENDATION 6.1 The Board is asked to note and endorse the actions taken to advise and support staff with regards to the move to NDPB status for HEE with effect from 1 April 2015. Gary Theobald Head of HR&OD 14 April 2015