Democracy Spraffa

Item 09 Appendix 1

West Dunbartonshire Council · 26 August 2026
Back to West Dunbartonshire Council — 26 August 2026 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Official 
WEST DUNBARTONSHIRE COUNCIL     
WEST DUNBARTONSHIRE
COUNCIL 
FINANCIAL REGULATIONS 
(Updated August 2026)

Page 2

Official
INDEX
A.  FINANCIAL ADMINISTRATION
A1 Responsibility of the Council
A2 Best Value
A3 Section 95 Officer
A4 Depute Section 95 Officer
A5 Section 95 Officer as Adviser
A6 Chief Officers Responsible for Resources
A7 Chief Officers to consult Section 95 Officer
A8 Role of Chief Executive, Chief Officers and the Director of the
Health & Social Care Partnership (H&SCP)
B.       ESTIMATES
B1 Form of Estimates
B2 Preparation of Estimates
B3 Determination Process
B4 Report on the Estimates
B5 Long Term Capital Programme
B6 Authority to proceed with Capital Projects
B7 Updates to Capital Programmes
C.   CONTROL OF EXPENDITURE
C1 Need for Budgetary Provision
C2 Virement
C3 Updates to Capital Programmes
C4 Overspendings
C5 Report on Capital and Revenue Schemes
C6 Loan Consents
C7 Responsibility for Budgetary Control
D.        CONTROL OF INCOME
D1 Determination and Alteration of Charges
D2 Accounting Arrangements
D3 Notification of Income to Chief Officer Resources
D4 Write-Offs
D5 Benefit Overpayment
D6 Treatment of Monies Collected
D7 Forms, Books and Tickets
D8 Personal Cheques
D9 Transfers of Money
D10 Exchequer Grants

Page 3

Official
E.                 STORES, INVENTORIES AND COSTING
E1 Costing Systems and Stores Control
E2 Custody of Stores and Stocktaking
E3 Write-Offs or Surpluses of Stores
E4 Disposal of Surplus Plant, Equipment, furnishings, materials, etc.
E5 Inventories
E6 Stock Levels
F.       BANKING, CONTROL OF CHEQUES, BORROWING, INVESTMENTS                  
AND TRUST FUNDS
F1 Arrangements with Bankers
F2 Payments into Bank
F3 Cheque Control
F4 Code of Practice for Treasury Management
F5 Treasury Policy Statement
F6 Aggregation
F7 Delegation to Section 95 Officer
F8 Investments
F9 Borrowing
F10 Deposit of Trust Funds
F11 Registrar of Bonds and Mortgages
F12 Control of Charitable Funds
F13 Reports by the Chief Officer Resouces
G.       ORDERING of  SUPPLIES, WORKS & SERVICES; AND PAYMENT OF  
ACCOUNTS
G1 Official Requisition and Orders
G2 Exemption from Official Requisition and Orders
G3 Central Purchasing and Standardisation
G4 Check on Supplies, Works and Services Undertaken
G5 Certification by Chief Officer
G6 Separation of Duties
G7 Authorised Signatures
G8 Duplicate Invoices, etc.
G9 Corporate Services (Finance) Service area Checks
G10 Amendments to Payments Vouchers
G11 Electronic Procurement
G12 Employee Code of Conduct
H.       ACCOUNTING
H1 Accounting Procedures and Records
H2 Internal Checks

Page 4

Official
H3 Year-end Accounting Returns
H4 Year-end Final Accounts
I.         INTERNAL AUDIT
I1 Continuous Internal Audit
I2 Authority of Audit
I3 Contract Audit
I4 Business Irregularities
J.       CASH IMPREST AND PURCHASE CARDS
J1 Provision of Imprest
J2 Bank Accounts for Imprest Holders
J3 Exclusion of Income Collected
J4 Limit on Expenditure – Cash Imprest 
J5 Limit on Expenditure – Purchase Cards
J6 Statement of Account - Imprest
J7 Accounting for Purchase Card Expenditure
J8 Termination as Imprest Holder / Purchase Card Holder
J9 Insurance Cover
K.       CLAIMS FOR EXPENSES AND ALLOWANCES
K1 Arrangements for Claims
K2 Regulations for Elected Members Allowances & Expenses
K3 Submission of Claims
K4 Payment of Claims for Elected Members
K5 Certification of Claims
L.       SALARIES, WAGES AND PENSIONS
L1 Arrangements for Payments
L2 Application of National Agreements
L3 Notification
L4 Appointments
L5 Form and Certification of Records
M.      GRANTS, CONTRIBUTIONS AND SUBSCRIPTIONS TO OTHER BODIES
AND PERSONS
M1 Administration and Payment
M2 Applications
M3 Application of Section Q:  The Procurement Financial Regulations
N.       CAPITAL REVENUE AND RENEWAL FUNDS
N1 Policy for Administration
N2 Council Consideration
O.       SECURITY

Page 5

Official
O1 Responsibility for Security
O2 Limits to Cash Holdings
O3 Safe Keys
O4 Computer Security
O5 Pre-printed/Pre-signed Cheques, Etc.
P.        INSURANCE
P1 Chief Officer Resources Responsible for Insurance
P2 Notification of Risks
P3 Notification of Claims
P4 Fidelity Guarantee Insurance
P5 Review of Insurance Cover
Q.       PROCUREMENT -  CONTRACTS FOR SUPPLIES, WORKS, AND
SERVICES
Q1 Application of these Procurement Financial Regulations
Q2 Standing Orders
Q3 Pre-requisites for Procurement
Q4 Value of Contracts
Q5 Above £50,000 Disaggregation
Q6 Contracts Governed by these Financial Regulations
Q7 Specific Exemptions to these Financial Regulations
Q8 Application of and Departure from the Requirements of these Financial    
Regulations
Q9 Procurement Responsibility for Contracts
Q10 Contract Strategy and Contract & Supplier Management
Q11 Minimum Contract Provisions
Q12 Contract Documents
Q13 Supplementary Procedures
Q14 Lists
Q15 Compliance with Public Contracts Scotland Regulations 2015 and 2016
and EU Procurement Directives (if appropriate)
Q16 Choice of EU Procurement Procedure
Q17 Advertising and Publicity for Contracts
Q18 Social Care and Other Specific Services Procurement
Q19 Restricted Procedure
Q20 Open Procedure
Q21 Negotiated Procedure With / Without Prior Publication
Q22 Competitive Procedure with Negotiation, the Competitive Dialogue
Procedure and Innovation Partnerships
Q23 Contracts Utilising Framework Agreement and Dynamic Purchasing
System

Page 6

Official
Q24 E-procurement
Q25 Electronic Reverse Auctions
Q26 Advanced Payments
Q27 Contract Variation
Q28 Contract Database
Q29 Reports on Procurement Matters
Q30 Payment Arrangements
Q31 Pecuniary Interest of Members or Officers
R.      COMPLIANCE OF MEMBERS AND OFFICERS
R1 Members Code
R2 Officers Code
R3 Scheme of Delegation
R4 Other Regulations
S.       OBSERVANCE OF FINANCIAL REGULATIONS
S1 Responsibility of Chief Officers
S2 Breach of Regulations
T.       REVIEW OF FINANCIAL REGULATIONS
T1 Review of Financial Regulations

Page 7

Official
WEST DUNBARTONSHIRE COUNCIL – FINANCIAL REGULATIONS 
A GENERAL INTERPRETATION 
The Financial Regulations set out the framework for the proper administration,
stewardship and control of West Dunbartonshire Council’s (the Council)
financial affairs. They apply to all elected members, officers, services,
committees, boards, joint arrangements, partnerships and any person or
organisation acting on behalf of the Council.  It is the duty of each Chief
Officer to ensure all employees and agents of the Council are made aware of
the Regulations and the requirement to comply with them. 
The Regulations form part of the Council’s wider governance framework and
must be read alongside the Council’s Standing Orders, Scheme of Delegation,
Anti-Fraud and Corruption arrangements, Treasury Management Strategy,
Procurement Strategy and other relevant policies and procedures. 
These Regulations are made in accordance with Section 95 of the Local
Government (Scotland) Act 1973, which requires every local authority to make
arrangements for the proper administration of its financial affairs and to ensure
the proper officer of the authority has responsibility for those affairs. 
The Chief Officer Resources has been designated as "the proper officer" and
shall be responsible for advising the Council on financial matters including the
determination of accounting policies. 
The fundamental principles of corporate governance should be reflected in all
areas of the Council business including: 
• Public funds must be used lawfully, properly, economically, efficiently and
effectively.
• Financial decisions must support Best Value, sound governance,
transparency and accountability.
• Budgets must be realistic, approved, monitored and controlled.
• Responsibility for authorising, recording, processing and reviewing
financial transactions must be clearly separated wherever practicable.
• Financial risks must be identified, assessed, managed and reported.
• All officers and members must act with integrity and avoid conflicts of
interest 
The Council has a statutory duty to secure Best Value in accordance with
the Local Government in Scotland Act 2003. This requires the Council to
make arrangements to secure continuous improvement in the performance
of its functions while maintaining an appropriate balance between quality
and cost, and having regard to economy, efficiency, effectiveness, equal
opportunities requirements and sustainable development.

Page 8

Official
All financial decisions, systems and procedures should support the
achievement of Best Value by ensuring resources are planned, allocated,
monitored and reviewed in a way that demonstrates sound governance,
accountability, transparency and the effective use of public funds. 
A. FINANCIAL ADMINISTRATION 
A1 Responsibility of the Council
The Council is responsible for monitoring its finances. 
A2 Elected Members
Elected members are responsible for approving the Council’s budget, policy
framework, financial strategy, treasury management arrangements and major
financial decisions in accordance with the Council’s governance
arrangements. Members must scrutinise financial performance and ensure the
Council maintains effective stewardship of public resources. 
A3 Section 95 Officer
The Section 95 Officer is the designated Officer responsible for the proper
administration of the Council’s financial affairs under section 95 of the Local
Government (Scotland) Act 1973. 
The Section 95 Officer role, undertaken by the Chief Officer Resources, is
responsible, under the general direction of the Council for the proper
administration of the Council’s financial affairs. It is the duty of the Council to
make arrangements which secure best value, including continuous
improvement in the performance of the authority’s functions. 
In addition to what is set out in these Regulations, the Section 95 Officer may
issue financial instructions to amplify or clarify these Regulations.  Other Chief
Officers may also issue financial instructions relating to the functions and
operation of their services, following consultation with the Section 95 Officer. 
A4 Depute Section 95 Officer
In the absence of the Section 95 Officer the Finance Manager will act as the
Section 95 Officer. 
A5 Section 95 Officer as Adviser
As the Council’s financial adviser, the Chief Officer Resources will report to
the Council with respect to the level of resources proposed to be utilised in
each financial year and will keep the Council and relevant Committees
informed with respect to its finances and financial performance. 
A6 Chief Officers Responsible for Resources
Chief Officers (as defined as such within the Council’s Standing Orders) and
Health and Social Care Partnership (HSCP) Heads of Service are responsible
for the security, custody and control of all resources relating to their service
areas including but not limited to buildings, plant, materials, cash and stores. 
A7 Chief Officers to Consult Section 95 Officer

Page 9

Official
Each Chief Officer and HSCP Heads of Service must consult the Chief officer
Resources before incurring any provisional or other commitment, or before
reporting to the Council or to a committee, on any matter that is likely to have
a material impact on the Council’s finances.  Matters covered by approved
budgets are excluded from this requirement. 
The question of materiality will be the subject of consultation with the Chief
Officer Resources and, if appropriate, the Chief Executive. Any guidance
issued on materiality will form part of these Regulations. 
A8 Role of Chief Executive, Chief Officers and the Chief Officer of the Health 
& Social Care Partnership (H&SCP)
Unless otherwise stated, the title “Chief Officer” applies also to the Chief
Executive and the Chief Officer of the HSCP for the purposes of describing
their role in relation to these Regulations. 
EMERGENCY AUTHORITY
Where an emergency makes it impossible to obtain the necessary Committee
approval in terms of the Financial Regulations or Standing Orders before
committing the Council to expenditure, the following action must be taken: 
Where there is immediate danger to life or property, or a need to prevent
suffering or severe inconvenience, all necessary steps should be taken to
remove the immediate danger. Homologation of the action taken should be
obtained from the next available Committee. 
In other emergencies the Chief Executive must be advised of the following,
prior to works being carried out or any other appropriate action taken, or any
commitment being entered into: 
(a) The nature of the problem.
(b) The likely consequences of delay.
(c) Approximate costs and timescale involved.
(d) Longer term solutions (where appropriate). 
The Chief Officer Resources and the Council Leader must be advised at the
earliest opportunity of the above matters and of any action taken. In all such
cases, the Chief Executive is authorised to approve or not to approve the
proposed action. Quotes should be obtained where practicable. A retrospective
advisory report must be submitted to Committee at the earliest opportunity. 
B. ESTIMATES 
B1 Form of Estimates            
Subject to the direction of the Council, the detailed form of capital and revenue
estimates shall be determined by the Chief Officer Resources in accordance
with normal professional practice. 
B2 Preparation of Estimates 
It shall be the duty of the Chief Officer Resources to:

Page 10

Official
• prepare a revised Long-term Finance Strategy for the Council to be
reviewed at least once every three years, with this supplemented by
updated budget forecasts being presented to Council at least three times
a year
• prepare annual revenue and capital estimates for all services of the
Council, including such supporting information, assumptions, risks and
funding proposals as are necessary to support informed decision-
making. 
Chief Officers must provide the Chief Officer Resources, by the dates and in
the format specified, with all necessary information required to prepare the
estimates for their service areas/services, including pressures, saving
proposals, income assumptions, grant funding, service risks, workforce
implications and any other matters likely to have a financial impact. 
B3 Determination Process
Following preparation, the estimates will be collated and considered in the
guidelines as agreed by the Council. After consideration, the estimates and
any recommendations, financial assumptions, risks and supporting information
will be submitted to the Council, together with a report by the Chief Officer
Resources, for consideration in setting budgets, Council Tax and rent
increases, in line with the timelines agreed by Council. 
B4 Report on the Estimates  
The Council will consider the estimates, make any amendments it considers
appropriate, and approve the revenue budget, capital programme and
associated funding arrangements. The inclusion of items in approved revenue
or capital budgets will constitute authority to the relevant officer, in terms of the
Scheme of Delegation, to incur that expenditure. The Council will determine the
level of Council Tax and Council Housing rent levels. 
B5 Long Term Capital Programme 
A capital programme will be prepared annually by the Chief Officer Resources,
in consultation with Chief Officers and having regard to the Council’s asset
management arrangements, capital investment priorities, affordability, funding
availability and deliverability.  The programme will be submitted through the
appropriate governance route, including consideration by the Strategic Asset
Management Group and thereafter  by the Corporate Management Team,
before submission to the full Council for approval. The Council will review and
approve the capital programme, as required. Any amendments to the Capital
Programme during the financial year will be reported to Council through the
Capital Budgetary Control Reports with Council approval required for any
increase in capital expenditure. 
In preparing and approving the capital programme, the Council will have regard
to the CIPFA Prudential Code for capital finance in local authorities. The key
objectives are to ensure that capital investment plans are affordable, prudent
and sustainable; that treasury management decisions are taken in accordance
with good professional practice; that capital planning is supported by proper
business case development and option appraisal and consistent with Best

Page 11

Official
Value. The Code sets out minimum prudential indicators which must be used
and factors that must be taken into account. 
B6 Authority to Proceed with Capital Projects
Save as provided in this Regulation B6, the inclusion of a project in the capital
programme does not itself, authorise expenditure. Standing Orders will be
applied and any required Council approval given prior to any expenditure. 
Recurring capital budgets included in the approved capital programme
may be incurred without further project-specific approval where the nature
and purpose of the expenditure have already been approved. New capital
projects or material changes to existing projects included in the capital
programme are subject to the approval of an appropriate business case
by the Strategic Asset Management Group (SAMG) before being
submitted to Council for approval, as required by the Council’s
governance arrangements. 
B7 Urgent Updates to Capital Programmes 
Where an unforeseen issue would materially alter the assumptions, cost,
funding, scope, timing or deliverability of an approved capital programme and
approval is required prior to the next appropriate Council, then the relevant
Chief Officer, following consultation with and approval by the Chief Executive,
Chief Officer Resources and the relevant Convener, may amend the
programme necessary. Any such amendment must be reported to the next
appropriate meeting of the Council and relevant Committee as part of the
usual Budgetary Control Reporting and monitoring arrangements. 
C.     CONTROL  OF  EXPENDITURE 
C1 Need for Budgetary Provision 
No expenditure may be incurred unless included in the approved annual
estimates or authorised by a supplementary estimate approved by the
Council after the submission of a report thereon.  All expenditure must be
lawful, properly authorised, supported by available resources and
consistent with the principles of Best Value. 
C2 Virement
Revenue 
Virement is the approved transfer of budget provision between subjective
headings (types of expenditure), income headings, services, service areas or
between capital projects. Virement may be exercised as outlined below: 
• Chief Officers may vire between subjective headings within a service to a
maximum of £100,000 with the approval of the Chief Officer Resources.
Any virement above £100,000 requires the approval of the Chief Officer
Resources and the relevant Committee.

Page 12

Official
• Chief Officers may vire between services within their service areas with the
approval of the Chief Officer Resources and the relevant Committee or
Council (e.g. in a virement that affects more than one Committee).
• Chief Officers may vire between service areas only with the agreement of
all Chief Officers concerned; the approval of the Chief Officer Resources
and the relevant Committees or Council.
• All virements will be treated as permanent budget changes, i.e. carried
forward into future years, unless they are specifically highlighted as being
‘one-off’ at the time the virement is requested. 
• Head Teachers are constrained as to their powers as set out in the
Delegated Management of Resources Scheme (DMR), such virements are
not regarded as permanent. 
Capital
• Chief Officers may vire between approved capital projects up to a
maximum of £100,000 with the agreement of all Chief Officers concerned
and the approval of the Chief Officer Resources, providing the virement
does not materially alter the approved scope, funding strategy or
deliverability of the projects affected.
• Any capital virement above £100,000 requires the agreement of all
relevant Chief Officers, the approval of the Chief Officer Resources, in
consultation with the relevant Service Convener, and approval by
Council.
• A Chief Officer may exercise virement in either the revenue or capital
budget to meet any immediate need arising from an emergency, subject
to notifying the Chief Officer Resources, Chief Executive, Leader and/or
Depute Leader and relevant Service Convenor of the action taken. This
will be reported to Council or Committee in line with the Standing Orders,
Scheme of Delegation and these Financial Regulations. 
C3 Updates to Capital Programmes  
In line with regulation B7 above, such changes to the capital programme will not
constitute a virement and the process for authorisation of such a change is as
described at B7. 
C4 Overspends 
Where it appears that the approved expenditure within any service area may be
significantly exceeded or the amount of approved income may fall significantly
short of the estimate, the relevant Chief Officer must consult with the Chief
Executive and the Chief Officer Resources, and report the estimated variance,
the reason for it, the financial and service implications, and the options for
corrective action to the Council or relevant committee. 
C5 Report on Capital and Revenue Schemes 
No capital work outwith the approved capital programme, (unless agreed by
the Chief Executive as relatively minor and of an urgent nature), and no major
revenue project (even where included in the annual estimates) may commence

Page 13

Official
unless it has been reported by the relevant Chief Officer to the Strategic Asset
Management Group where applicable for capital projects, and to the relevant
service Committee or Council for approval. 
C6 Loan Consents 
Subject to C5 above, no capital expenditure will be incurred unless the relevant
Chief Officer has confirmed that the expenditure is included within the approved
capital programme and is covered by appropriate resources. 
C7 Responsibility for Budgetary Control
(i) Chief Officer Resources:
The Chief Officer Resources is responsible for providing Chief
Officers with regular budget monitoring information, normally every
two to three months, comparing approved budgets with actual and
forecast income and expenditure for each service area. The Chief
Officer Resources will submit regular monitoring reports to the
Council and Service Committees, a statement comparing
expenditure and income with the approved budget.  Highlighting
material variances, in excess of £50,000, financial risks and
proposed corrective actions. 
(ii) Chief Officers:
Each Chief Officer is responsible for managing income and
expenditure within the approved budget for their service area and to
ensure expenditure is properly authorized, necessary, affordable
and consistent with these Financial Regulations. Each Chief Officer
will provide the required information to the Chief Officer Resources
to inform the regular monitoring reports referenced at C7 (i). 
Where it is forecast the total income or expenditure for a Service or
a capital project is likely to vary materially from the approved
budget, the relevant Chief Officer, after consultation with the Chief
Officer - Resources, will inform the Council or relevant Service
Committee and report any corrective action necessary to avoid
exceeding the budget allocation for a service or a capital project.  
D. CONTROL OF INCOME 
D1 Determination and Alteration of Charges
Charges for Supplies, Works or Services supplied by the Council must not be
introduced, varied or withdrawn without the approval of the Council (or
appropriate Service Committee where authority has been delegated), unless
an alteration is required arising from a change in legislation. 
D2 Accounting Arrangements 
The Chief Officer Resources is responsible for ensuring that financial and
accounting arrangements are in place for the proper recording of all monies
due to the Council and for the proper collection, custody, control, banking and
control of all cash received by all service areas of the Council.

Page 14

Official
D3 Notification of Income to Chief Officer Resources
The general expectation is that service users will pay for services provided by
the Council either in advance or at the point of delivery. Where this is not
practicable details of charges requiring to be invoiced to service users must be
promptly notified to the Chief Officer Resources in a form approved by him. All
accounts for income due to the Council shall be issued by or under
arrangements approved by the Chief Officer Resources. 
D4 Write-Offs
Individual sums due to the Council and exceeding £5,000 (excluding VAT)
must not be written-off without consideration by the appropriate service
Committee or Council. Sums up to £5,000 may be written off on the authority of
the Chief Officer Resources if satisfied that the debt cannot reasonably be
recovered. 
D5 Benefit Overpayment
An overpayment of Housing Benefit or Council Tax Reduction will be
recoverable, except when arising from a “technical error” and where the
claimant (or someone acting on their behalf) could not reasonably have been
expected to realise that an overpayment had occurred. 
D6 Treatment of Money Collected
All employees handling receipts of cash should be aware of the Council’s
Money Laundering Procedures. All funds received on behalf of the Council in
any service area and in any form shall be deposited with the Council’s bankers
in accordance with arrangements approved by the Chief Officer Resources. No
deduction may be made from such funds unless specifically authorised by the
Chief Officer Resources. 
D7 Forms, Books and Tickets
All official forms, books and tickets for the disbursement and collection of
monies, whether these are electronic-based or paper-based, shall be in a form
approved by the Chief Officer Resources. 
D8 Personal Cheques and Purchase Cards
Personal cheques must not be cashed out of the money held on behalf of the
Council. Council purchase cards must only be used for authorized Council
business and must not be used for personal purposes. 
D9 Transfers of Money
All transfers of official money from one employee to another will be evidenced
in the records of the service areas concerned and acknowledged by the
signature of the receiving officer. 
D10 Grant Funds
Chief Officers must provide the Chief Officer Resources with all information
necessary to identify, claim, record, monitor and comply with the terms and
conditions of grants due to the Council. Grant income must be used only for
the purposes for which it has been awarded, unless otherwise permitted by the
grant conditions.

Page 15

Official  
E.      STORES, INVENTORIES AND COSTINGS 
E1 Costing Systems and Stores Control
Arrangements established by Chief Officers for costing systems, stock control
and stores management must be approved by the Chief Officer Resources. 
These arrangements must be reviewed annually by the relevant Chief Officers
to ensure they remain effective and consistent with the Council’s financial
management requirements. 
E2 Custody of Stores and Stocktaking
Each Chief Officer is responsible for the care, custody, security and control of
stores and equipment within their service area. Chief officers must ensure that
stocktaking is carried out at regular intervals as agreed with the Chief Officer
Resources, and appropriate records are maintained. 
E3 Write-Offs or Surpluses of Stock
No entries will be made, in the records, to write-off stock deficiencies or to
bring surpluses into account unless authorised by the Chief Officer Resources,
who may refer such adjustments to the Council. The Chief Officer Resources
may issue guidance, from time to time, on this subject and such guidance will
form part of these Regulations. 
E4 Disposal of Surplus Plant, Equipment, furnishings, materials, etc.
Usable surplus plant, equipment, furnishings, materials and similar items must
not be disposed of without prior consultation with the Chief Officer Resources.
Where such items are no longer required by the holding service area,
consideration must first be given to whether they can be used by another
service area. If no internal use can be identified, the items should be
advertised for sale, where appropriate. Where sale is not practicable, the items
may be offered to community groups, subject to ensuring that they are safe, fit
for purpose and disposed of in accordance with any relevant legal, financial,
procurement or asset management requirements. 
E5 Inventories
All service areas will maintain inventories of furniture, fittings, equipment
(including IT equipment), plant, machinery and other assets as determined by
the Chief Officer Resources. 
E6 Stock Levels
Stocks and stores must not be held in excess of normal requirements except in
special circumstances and with the approval of the committee concerned.
Stock levels should be reviewed regularly to ensure that holdings remain
necessary, economical and proportionate. 
F.     BANKING, CONTROL OF CHEQUES, BORROWING, INVESTMENT AND
TRUST FUNDS 
F1 Arrangements with Bankers

Page 16

Official
All arrangements with the Council’s Bankers relating the Council’s bank
accounts must be made by, or under arrangements approved by, the Chief
Officer Resources. 
F2 Payments into Bank
All funds received on behalf of the Council must be paid into the Council’s bank
account daily or at other intervals approved by the Chief Officer Resources. 
F3 Cheque Control
All cheques must be ordered, controlled and issued on behalf of the Council
by, or under arrangements approved by, the Chief Officer Resources. 
Cheques must be signed, digitally authorised or otherwise the Chief Officer
Resources, or by another officer authorised by him to do so. 
F4 Code of Practice on Treasury Management
The Council adopts CIPFA’s “Code of Practice for Treasury Management in the
Public Services”. 
F5 Treasury Policy Statement 
The Council will approve a Treasury Management Strategy, including the
annual investment strategy and associated prudential and treasury indicators,
before the start of each financial year or as otherwise required by legislation,
statutory guidance or professional codes. 
F6 Aggregation 
All funds (other than miscellaneous balances such as imprest accounts, cash
floats and deposit receipts) in the hands of the Council shall be aggregated for
the purposes of treasury management and shall be under the control of the
Chief Officer Resources. 
F7 Delegation to Section 95 Officer 
All executive decisions on borrowing, investment or financing shall be
delegated to the Chief Officer Resources, or through him to his staff, who shall
be required to act in accordance with CIPFA’s ‘Code for Treasury Management
in Local Authorities’ and the Council’s approved Treasury Management
Strategy, treasury management practices, prudential indicators and any
relevant statutory guidance. 
F8 Investments 
All investments of funds under the Council’s control shall be made in the name
of the Council or in the names of nominees approved by the Council and
comply with the Council’s Investment Strategy, as approved by Council
annually. 
F9 Borrowing
All borrowing must be undertaken in the name of the Council and in
accordance with the Council’s approved Treasury Management Strategy,
capital financing requirements, prudential indicators and any relevant statutory
guidance.

Page 17

Official
F10 Deposit of Trust Funds 
All persons acting as trustees shall deposit all securities, funds, etc., relating to
the Trust with the Chief Officer Resources unless the trust deed provides
otherwise. Thereafter these funds will be invested as appropriate. 
F11 Registrar of Bonds and Mortgages 
The Chief Officer Resources shall be the Council’s registrar of stocks, local
bonds and mortgages, except where an external Registrar is appointed by the
Council. The Chief Officer Resources must maintain proper records of all
borrowing of funds undertaken by the Council. 
F12 Control of Charitable Funds
The Chief Officer Resources must ensure the proper and safe custody,
administration and control of all charitable funds held by the Council. 
Expenditure from such funds must be made only in accordance with the
relevant trust deed, charitable purpose, applicable law and any conditions
attached to the fund. 
F13 Reports by Chief Officer Resources 
The Chief Officer Resources will submit the Treasury Management Strategy,
including the annual investment strategy and associated prudential and
treasury indicators, to the Council for approval before the start of each financial
year. The Chief Officer Resources shall report (as a minimum) twice annually
to the Council on the Treasury Management operation and on the exercise of
the Treasury Management powers delegated to him. One such report shall be
a mid-year update and the other shall be the Annual Treasury management
Report for presentation by 30 September following the end of the financial year
to which it relates.  
G. ORDERING OF SUPPLIES, WORKS & SERVICES; AND PAYMENT OF
ACCOUNTS 
The Council’s Purchase to Pay Framework must be read in conjunction with
these Financial Regulations and complied with, when a contract for works,
supplies and services is being procured or paid for. 
G1 Official Requisitions and Orders 
All Supplies, Works and Services supplied to, or carried out for, the Council
shall be ordered or confirmed by means of an official requisition or order,
unless an exemption applies under G2. Official requisitions and orders must be
raised through a system approved by the Chief Officer Resources and
authorised only by officers approved by the relevant Chief Officer. Each Chief
Officer must review authorised officers regularly to ensure that access and
approval limits remain appropriate. 
G2 Exemption from Official Requisition or Order
An official requisition or order is not required for supplies of public utility
services, recurring or periodical payments (such as professional subscriptions),
petty cash purchases or point of sale corporate purchase card transactions

Page 18

Official
such as travel expenses, sustenance, event bookings or venue reservations
where pre-payment is required. The procurement requirements of Section Q of
these Financial Regulations still apply. 
G3 Central Purchasing and Standardisation
Each requisition and order shall comply with any directions of the Council with
respect to central purchasing, approved contracts and the standardisation of
supplies, works and services. 
G4 Check on Supplies, Works and Services undertaken
Each Chief Officer must ensure that all supplies, works and services received
or undertaken are checked against the relevant requisition, order, contract or
agreement and are confirmed as satisfactory in respect of quantity, quality,
price and performance before payment is authorised. 
G5 Certification by Chief Officer 
Each Chief Officer must ensure that payment vouchers and invoices are
certified only when the following requirements have been met: 
• the Supplies, Works or Services to which the account relates have been
received, carried out, examined and approved and are in accordance
with the relevant order, contract or agreement
• the prices, extensions, calculations, trade discounts, other allowances,
credits and tax treatment are correct
• the expenditure has been properly incurred, is within approved budget
provision and complies with standing orders, the scheme of delegation,
procurement requirements and authorised expenditure limits have been
observed
• appropriate entries have been made in inventories, stores records or
asset records books where required
• the correct expenditure code, cost centre or project code are entered on
the document for payment. 
Officers who authorise payment vouchers or invoices should be familiar with
the general VAT rules of the Council as defined within the VAT Guidance and
must ensure that VAT is treated correctly. 
Once approved the voucher or invoice, must be processed through the
approved system, for payment. 
G6 Separation of Duties  
Each Chief Officer must ensure that appropriate separation of duties is
maintained between officers who raise or authorise requisitions and orders,
those who confirm receipt of goods, works or services, and those who certify
invoices for payment. Certification may be completed by an authorised officer
through a manual or electronic process, or through electronic invoice matching
within a system approved by the Chief Officer Resources.

Page 19

Official 
G7 Authorised Signatories
The Chief Officer Resources will maintain approved records of officers
authorised to certify payment vouchers or invoices in each service area. Where
manual certification is used, specimen signatures may be required. Where
electronic systems are used, authorisation will be controlled through approved
system access, workflow and approval limits. 
G8 Duplicate Invoices, etc.
Payment will not be made from duplicate, replacement or copy invoices unless
the Chief Officer (or other officer delegated authority to do so by the Chief
Officer) confirms on the appropriate batch slip that the amounts have not been
previously paid. 
G9 Further Invoice Checking
The Chief Officer Resources shall supplement the service area checks on
payment of accounts as he considers necessary. 
G10 Amendments to Payment Vouchers 
Any amendment to a payment voucher or invoice must be clear, authorised
and supported by an audit trail. Where amendments are made manually, they
must be made in ink, initialled by the officer making the amendment and
accompanied by a brief explanation where the reason is not self-evident. 
G11 Electronic Procurement 
The above requirements apply equally to orders and payments made through
approved electronic systems including purchase cards. Each Chief Officer
must ensure that all staff using electronic approved systems comply with the
relevant authorisation levels, approval workflows, system controls and
thresholds embedded within the systems. 
G12 Employee Code of Conduct 
All employees involved in purchasing supplies, works or services must comply
with the Employee Code of Conduct and all relevant procurement policies,
procedures and guidance issued by the Procurement Manager. Officers must
also comply with guidance on gifts, hospitality and declarations of interest. 
H. ACCOUNTING 
H1 Accounting Procedures and Records
All accounting procedures, accounting records and financial systems of the
Council shall be determined by, or approved by the Chief Officer Resources.
The Council’s accounts and accounting records must be compiled by, or under
the direction of, the Chief Officer Resources in accordance with proper
accounting practice and statutory requirements.

Page 20

Official
H2 Internal Checks 
The provision of information about sums due to or by the Council and the
process of calculating, checking and recording these sums, shall be separated
as completely as possible from the duty of collecting, disbursing, or authorising
payment of such sums. Officers charged with the duty of examining and
checking the accounts of cash transactions shall not themselves be engaged in
any of these transactions. 
H3 Year End Accounting Returns 
Chief Officers must submit the following information to the Chief Officer
Resources  annually by the dates specified: 
• year-end inventories of stocks, stores and plant in hand at the year-end
• inventories of equipment and furnishings in hand at the appropriate date
• year-end cash imprest statements and reconciliations
• details of sums due to or by the Council and remaining unpaid at the year-
end
• any other information necessary to close the Council’s accounts at the year
end and support the completion, audit and publication of the Council’s
annual accounts.
H4 Year-End Final Accounts
Chief Officers must provide all information requested by the Chief Officer
Resources and comply with deadlines set for the completion, audit and
publication of the Council’s annual accounts. 
I.       INTERNAL AUDIT AND VALUE FOR MONEY 
I1 Continuous Internal Audit
The Internal Audit Service is a statutory assurance function that provides an
independent and objective opinion to the organisation on the adequacy and
effectiveness of the control environment. The control environment comprises
the systems of governance, risk management and internal control. The remit of
the service is to objectively examine, evaluate and report on the adequacy of
internal control as a contribution to the proper, economic, efficient and effective
use of resources throughout the Council’s activities.  A continuous internal
audit, under the independent control and direction of the Chief Officer
Resources, as described in the Council’s Internal Audit Charter and in
accordance with the Public Sector Internal Audit Standards (PSIAS), shall be
undertaken. 
I2 Authority of Audit 
The Chief Officer Resources or his authorised representatives shall have
authority to: 
• enter any Council premises or land at all reasonable times.
• have access to all records, documents, correspondence, systems and data
relating to financial and other transactions of the Council

Page 21

Official
• require and receive explanations concerning any matter under examination
• require any employee of the Council to produce cash, stock, equipment or
any other Council property under his/her control.
All requests for information, records, files or explanations made by Internal
Audit to officers or Members shall be provided within the timescales specified
by Internal Audit. 
Further governance in relation to the provision of the Internal Audit Function is
detailed in the Internal Audit Charter which is approved by the Council’s Audit
Committee. 
I3 Contract Audit 
The Audit Manager or an authorised representatives, subject to the consent of
the Chief Officer Resources, shall have authority to engage the services of
professional persons from appropriate Council service areas to assist in the
examination of contracts under review or investigation by Internal Audit. 
I4 Business Irregularities/Disciplinary Policy
The Council’s procedure on business irregularities is contained as an
appendix in the Council’s Disciplinary Policy.  Where it is suspected or
known that business irregularities have occurred including
misappropriation or embezzlement of monies, materials etc,
fraudulent activity, misuse of Council resources or other improper
conduct, the Council Business Irregularity Procedure must be
followed. The matter must be reported immediately to the Chief Officer
Resources and the Chief Officer People and Technology, who will
contact Internal Audit for further details on how to proceed (including
determination of who will carry out any subsequent investigation).
Where any suspicion relates to maladministration the matter should
also be reported to the Council’s Monitoring Officer. 
All Chief Officers must make arrangements within their own service area to
ensure that, where it is suspected or identified that business irregularities have
or may have occurred, the matter will be reported immediately to the Chief
Officers – Resources / People and Technology. Examples of such irregularities
include but are not limited to: 
• misappropriation or embezzlement of funds, materials etc. placed in the
employee’s charge
• intentional distortion, falsification or concealment of records for any
fraudulent or improper purposes
• misuse of the Council’s ICT infrastructure including systems, data and
information.
Anonymous allegations and all categories of protected disclosure identified
within the Council’s Policy in relation to the Public Interest Disclosure Act 1998
are covered by these Regulations.

Page 22

Official
J. CASH IMPRESTS AND PURCHASE CARDS 
J1 Provision of Imprest 
The Chief Officer Resources may provide cash imprest accounts, cash floats
and purchase cards as he considers appropriate to officers of the Council for
the purposes of defraying petty cash and other authorised expenditure. 
J2 Bank Accounts for Imprest Holders
The Chief Officer Resources may open bank accounts for imprest holders
where it is considered appropriate and in no circumstances shall the imprest
holder overdraw the account.   It shall be a standing instruction to the Council’s
bankers that an imprest holder’s account shall not be overdrawn. Bank
accounts may not be opened or amended by any officer other than the Chief
Officer Resources, or his nominated deputes. 
J3 Exclusion of Income Collected
Income received  on behalf of the Council must not be paid into an imprest
account but must be banked or paid to the Council in accordance with these
regulations. Any bank interest earned on, or charges applied to, an imprest
account must be remitted separately and immediately to the Chief Officer
Resources and will not be left in the imprest bank balance. 
J4 Limit on Expenditure – cash imprest
Payments must be limited to minor items of expenditure and any other items
approved by the Chief Officer Resources. 
J5 Statement of Account – Imprest 
An officer responsible for an imprest account must, when requested, give to the
Chief Officer Resources a certificate of the balance on his/her imprest account
in line annual guidance issued by the Chief Officer Resources. Payments must
be supported by a receipted voucher (with appropriate VAT information as
required) where required by the Chief Officer Resources.   
J6 Limit on Expenditure – Purchase Cards
Individual officers shall have limits placed on the use of purchase cards in terms
of purpose and value of expenditure, by transaction and in total per month. 
J7 Accounting for Purchase Card Expenditure
Relevant officers must review and approve all expenditure on the online
purchase card system, in accordance with the published timetable. Payments
must be supported by a receipted voucher (with appropriate VAT information as
required) as required by the Chief Officer Resources. 
J8 Termination as Imprest Holder / Purchase Card Holder
Imprest: on leaving the employment of the Council or otherwise ceasing to be
entitled to hold an imprest advance, the officer must account to the Chief
Officer Resources for the amount advanced and return any balance in
accordance with arrangements approved by the Chief Officer Resources.

Page 23

Official
Purchase Cards: on leaving the employment of the Council or otherwise
ceasing to be authorised to hold a Purchase card relevant officers shall
surrender their purchase card to their line manager, who will advise Chief
Officer Resources immediately of the change to allow the card to be cancelled
and access removed. 
J9 Insurance Cover
The Chief Officer Resources will ensure that appropriate insurance cover is
obtained for all cash imprest accounts and purchase card accounts and for the
officers responsible for them, where cover is required. 
K. CLAIMS FOR EXPENSES AND ALLOWANCES 
K1 Arrangements for Claims
The Chief Officer People and Technology in consultation with the Chief Officer
Regulatory and Regeneration is responsible for making arrangements for the
administration and regulation of claims for expenses and allowances to
Members, employees of the Council and other approved bodies. 
K2 Regulations for Elected Members Allowances and Expenses
The Chief Officer Regulatory and Regeneration shall at all times make the
current regulations on expenses and allowances available to Members. 
K3 Submission of Claims
All claims for payment of travelling allowances, subsistence allowances, car
allowances and incidental expenses must be submitted via the Council’s HR
and Payroll system (or directly via payroll where system access is unavailable)
to an authorised officer (usually line manager) at regular intervals for approval.
Such payments must not be made from imprest accounts without the express
authority of the Chief Officer Resources. All such expenses shall as far as
practicable be paid through approved payroll processes, or as approved
through use of Council purchase card. 
K4 Payment of Claims for Elected Members
Payments to Members, of claims for expenses and allowances, will be made
by the Chief Officer People and Technology upon receipt of the required
information duly completed. Expense claims should be submitted no later than
three months from date of expenditure being incurred. 
K5 Certification of Claims
The certification of claims shall mean that the certifying officer is satisfied that
the journeys were authorised, the expenditure properly and necessarily
incurred and that the allowances are properly payable by the Council. 
L. SALARIES, WAGES AND PENSIONS 
L1 Arrangements for Payments 
The payment of salaries, wages, pensions, compensation and other
emoluments to all employees or former employees of the Council shall be

Page 24

Official
made by the Chief Officer People and Technology or under arrangements
approved and controlled by them. 
L2 Application of National Agreements
The Chief Officer People and Technology is responsible for the application of
all appropriate wages and salary agreements to all employees of the Council,
elected members and relevant partner bodies (i.e. West Dunbartonshire
Leisure Trust and Dunbartonshire and Argyll and Bute Valuation Joint Board). 
L3 Notification
The Chief Officer People and Technology must be notified as soon as
possible, in an agreed form, of all matters affecting employment related
payments in particular: 
• appointments, resignations, dismissals, suspensions, secondments and
transfers
• absences from duty for sickness or other reasons, apart from approved
leave
• changes in remuneration, pay awards and agreements of general
application
• information required to maintain records of service for superannuation,
income tax and national insurance.
The Chief Officer, People & Technology will keep all Chief Officers informed
about changes in conditions of service, pension benefits and other related
matters. 
L4 Appointments
Appointments of all employees shall be made in accordance with the
regulations of the Council and the approved establishments, grades and rates
of pay. 
L5 Form and Certification of Records
Time records or other pay documents must be in a form prescribed or
approved by the Chief Officer People and Technology. Approval of pay
documents will be provided electronically through workflow procedures
established within the Council’s Workforce Management System. 
M. GRANTS, CONTRIBUTIONS AND SUBSCRIPTIONS TO OTHER BODIES
AND PERSONS 
M1 Administration and Payment
All grants (other than Common Good and Community Chest), contributions
and subscriptions must be administered through processes approved by the
Chief Officer Resources, under delegated powers, and in consultation with the
relevant Committees. 
For the Common Good Fund, Corporate Services Committee will set the
budget and determine the majority of the grants to be paid. Any remaining

Page 25

Official
Common Good funds available for grant payment will be administered and
paid by the Chief Officer Resources in consultation with the Corporate
Services Committee, except where the Council specifies alternative
arrangements. 
Community Chest grants will be administered and paid by the West
Dunbartonshire Community Volunteer Service and reported in detail to the
Corporate Services Committee annually. 
M2 Applications
All applications for grants and subscriptions must be accompanied, where
appropriate by them applicant organisation’s accounts and any other relevant
information required to support assessment of the application. The Chief
Officer Resources may be asked to report on such information where required. 
M3 Application of section Q: Procurement Financial Regulations 
When awarding grants which may involve the delivery of Supplies, Works and
Services, due consideration must be given to the provisions of section Q of
these Financial Regulations, regardless of the source and/or nature of any
funding provided. 
M4 Real Living Wage
The Scottish Government’s default position is that, from 1 July 2023, all
Council grant recipients via Scottish Government funding will be required to
pay at least the real Living Wage and provide appropriate channels for
effective workers' voice as a minimum standard. The Council must maintain a
record of any agreed exemptions and provide updates to the Scottish
Government in the format and timescale to be advised by the Fair Work Policy
team.   
N. CAPITAL, REVENUE   AND  RENEWAL FUNDS 
N1 Policy for Administration
The Council will determine the policy on the administration and use of capital,
revenue and renewal funds. 
N2 Council Consideration 
The Council, at the consideration of the budget, shall take into account the
allocation of resources, and the approved policy for their use. 
O. SECURITY 
O1 Responsibility for Security
Each Chief Officer is responsible for maintaining appropriate security
arrangements for all buildings, stock, stores, furniture, equipment, cash,
information and other assets under their control. They must consult the Chief
Officer Resources where security arrangements are considered defective or
where special security arrangements may be required. Regular review of such
security arrangements shall be carried out by the Chief Officers. Responsibility

Page 26

Official
for information security rests with Chief Officer Regulatory and Regeneration
and responsibility for ICT security rests with the Chief Officer People and
Transformation. 
O2 Limits to Cash Holdings
Maximum limits for cash holdings must be agreed with the Chief Officer
Resources and must not be exceeded without their express approval. 
O3 Safe Keys
Keys to safes and similar receptacles are to be securely held by those
responsible for them at all times. The loss of any such keys must be reported
immediately to the Chief Officer Resources. A register of all such key-holders
will be kept by each Chief Officer. 
O4 Computer Security 
The Chief Officer People and Technology is responsible for maintaining
appropriate security and privacy as regards information held in the Council’s
computer installations or for their use. Each Chief Officer is responsible for
ensuring that information held within their respective service area is managed
securely and in accordance with the Council’s policies and procedures.. 
O5 Pre-printed and Pre- signed Cheques, etc.
The Chief Officer Resources is responsible for ensuring that secure
arrangements exist for pre- printed/pre-signed cheques, stock certificates,
bonds and deeds and other financial documents. 
P. INSURANCE 
P1 Chief Officer Resources Responsibility for Insurance
Subject to the general supervision of the Council, the Chief Officer Resources
will arrange and maintain appropriate insurance cover for all Council activities.
They will also manage and negotiate insurance claims, in consultation with
Chief Officers, where necessary. 
P2 Notification of Risks
Chief Officers must promptly notify the Chief Officer Resources of all new or
increased risks, including changes to properties, vehicles, equipment,
activities, contracts or service delivery arrangements, and of any deletions or
reductions in risk affecting their service areas. 
P3 Notification of Claims
Chief Officers will immediately notify the Chief Officer Resources in writing of
any loss, liability or damage or any event likely to give rise to an insurance
claim. 
P4 Fidelity Guarantee Insurance
All appropriate employees of the Council will be covered by fidelity guarantee
insurance.

Page 27

Official 
P5 Review of Insurance Cover
The Chief Officer Resources will periodically review all insurance arrangements
in consultation with the Chief Officers as appropriate, to ensure cover remains
adequate and aligned to the Council’s risk profile. 
Q. PROCUREMENT: CONTRACTS FOR SUPPLIES, WORKS AND SERVICES
(THE PROCUREMENT FINANCIAL REGULATIONS) 
Interpretive Note 
There are, throughout Section Q of the Financial Regulations, references
to EU Directives, EU Procurement Law and OJEU.  Some of these
references remain in the main regulations relating to Regulated
Procurement - the Public Contracts (Scotland) Regulations 2015. 
Therefore where they appear in the Financial Regulations, they shall be
deemed to refer to the applicable provision or requirement in terms of the
Public Contracts (Scotland) Regulations 2015.   
Q1 Application of these Procurement Financial Regulations 
Except where an explicit decision by a meeting of Council or a Committee
having delegated authority for the matter in question exists, these Financial
Regulations will apply subject to the undernoted further caveats. 
Where strict application of these Procurement Financial Regulations would be
likely to place the Council in conflict with any applicable law, the Procurement
Financial Regulations will be read with the omission of any offending provision
and in the manner which best protects the Council’s interests. 
For the avoidance of doubt, no failure to comply with these Procurement
Financial Regulations will have any negative bearing on the vires of any action
or the validity of any Contact following on such action where the action would
otherwise be within the Council's powers and the Contract would otherwise be
valid. 
Q2 Standing Orders
These Procurement Financial Regulations shall be read in conjunction with and
subject to the provisions of Parts III and Part IV of the Standing Orders relating
to Officers Delegated Powers and to Procurement, Contracts and Tendering
respectively.  No provision in these Procurement Financial Regulations will be
taken to extend or limit the vires of the Council to act in a manner which
conflicts with the natural meaning of the Standing Orders.  As provided for in
Section S of these Financial Regulations, all Officers of the Council are
required to adhere to their terms. 
In the event of any conflict between these Procurement Financial Regulations
and Standing Orders, the provisions of the Standing Orders will have
precedence. However, this provision will not have the effect of removing the
requirement to comply with these Procurement Financial Regulations simply on
the basis of that permissive provision of the Standing Orders does not specify

Page 28

Official
any qualification or condition on its application. Where these Procurement
Financial Regulations contain provisions which qualify or place conditions on
any permission granted in any Standing Order, officers shall have regard to
such permission as so qualified or made conditional. 
Q3 Pre-requisites for Procurement
No procurement activity will commence unless, and until, each of the following
conditions have been met: 
• Sufficient budgetary provision exists (Capital, Revenue or both) in terms
of the Standing Orders and these Financial Regulations;
• Express Council, Committee or other relevant delegated authority has
been granted in accordance with Standing Orders or the Council's
Scheme of Delegation, (noting that the threshold for this approval is of
a higher value than Q6.2 below and that approval can also be sought
for subsequent delegation of approval of contract award from
committee to relevant Chief Officer where award is within original
specification and budget).
• For procurement assessed as medium to high complexity and for
procurement with a value above the thresholds in Standing Order 36.4,
(other than emergency placements for social care, or education), a
commodity / contract strategy, in a format approved and signed by the
Procurement Manager, has been agreed. 
Q4 Value of Contracts
1. In estimating the value of a contract for the purposes of these
Procurement Financial Regulations, the following direct and indirect
costs (total cost of ownership “TCO”) must be accounted for: 
a. The capital cost of the acquisition of any assets, relevant revenue
costs and one-off payments e.g. for acquisition of licenses. 
b. External training costs for training which requires to be undertaken
as a direct result of the supplies, works or services acquired under
the contract. 
c. Support services provided by or through the supplier on an ongoing
basis for the duration of the contract. Where the period of required
support is indefinite, the estimate should be based a period of 48
months. 
d. Additional third party works, supplies or services, associated with,
or necessary to support the contract and its deliverables. 
e. Annual recurring maintenance or license costs associated with the
contract and its deliverables. 
f. Disposal costs of any supplies at the end of the supplies’ useful life. 
g. The value of any works concession or service concession to the
Council. The value of a works concession or service concession

Page 29

Official
contract is calculated by the value of the benefit to the supplier in
terms of revenue / turnover rather than the rebate coming back to
the Council. 
2. If there is any doubt regarding the appropriateness of the inclusion of
any cost in the contract value estimate, the Procurement Manager must
be consulted. 
3. For every schedule of rates contract, following discussion with the
Procurement Manager, the Chief Officer of the procuring service shall
set an indicative total value for the contract prior to procurement
documentation being issued. If there is any doubt about the anticipated
duration of the continuing supply, the Procurement Manager must base
the estimate of the value of the contract on a period of 48 months. 
Q5 Above £50,000 Disaggregation
It is not permitted to deliberately divide any procurement exercise or divide into
two or more contracts if the intention in doing so is to avoid the application of
any financial thresholds in these Procurement Financial Regulations, Standing
Orders, Domestic Law or the EU Procurement Directives (if appropriate). 
Q6 Contracts Governed by these Financial Regulations
1. In these Procurement Financial Regulations, the word “contract” will
apply to any arrangement for provision of works, supplies or services to
the Council including in so far as relevant, any framework agreement or
dynamic purchasing system; either solely or along with others, either
written or unwritten by which, legally enforceable rights and
responsibilities are created for the parties to the arrangement. 
2. Subject as undernoted, the full provisions of the Financial Regulations
following in this Section Q, will only apply to procurements having a value
of £50,000 and above. 
3. For the avoidance of doubt, individual arrangements where the primary
purpose is the supply of funding, either by or to the Council, e.g. loans,
bonds, securities, grants (other than where the Council receives works,
supplies or services or derives any benefit from them) or other financial
instruments, will not be a contract for the purposes of these Financial
Regulations, notwithstanding that some strictly limited and ancillary
provision of works, supplies or services may also be involved. 
4. Further, subject to the provisions of Domestic Legislation and case law,
no arrangement will be classed as a contract for the purposes of these
Financial Regulations, where the Council: 
a. solely or predominantly sells or acquires land or rights in land; 
b. provides works, supplies or services for third parties;

Page 30

Official
c. performs the functions of or delivers services to another public
body in accordance with The Local Authorities (Goods & Services)
Act 1970; 
d. receives works, supplies or services from another body where the
Council is permitted to receive them without the requirement to
tender in accordance with The Local Authorities (Goods &
Services) Act 1970; 
e. performs for or receives services from (a) an arms-length
organisation whether wholly or partly owned by the Council or (b) a
wholly owned subsidiary or group company of the Council,
provided the arrangement is compliant with Domestic Law and EU
Law (if appropriate). 
5. Notwithstanding that an arrangement may not be classed as a contract
for the purposes of these Procurement Financial Regulations under this
Section Q, the wider Financial Regulations will still apply to the
arrangement. 
Q7 Specific Exemptions to These Financial Regulations 
Notwithstanding that they may otherwise fail to be viewed as works, supplies or
services to the Council, the following shall be exempt from the scope of these
Financial Regulations any arrangement: 
a. where the Council seeks or receives legal advice, assistance or an
opinion from Junior or Senior Counsel, a Professor of Law, a
Solicitor Advocate or in the case of an opinion only, a Law Society
of Scotland Accredited Specialist solicitor recognised as having
particular expertise in the subject matter of the opinion 
b. where the Council disposes of surplus or scrap materials and
equipment previously used by the Council, except where such
disposal is, or is part of, a contract for which the Council pays (in
cash or kind) a value of £50,000 and above 
c. for the commissioning of theatrical, musical, dramatic or other
artistic performances, subject to the prior approval of the
Procurement Manager 
d. where the individual is nominated by a third party or agreed
between the parties under a Dispute Resolution Procedure within a
contract provided such nomination is compliant with Domestic and,
where appropriate EU Law. 
Q8 Application of and Departure from the Requirements of these Financial
Regulations
1. These Procurement Financial Regulations will apply to all contracts for
works, supplies and services except in the following circumstances:

Page 31

Official
a. Where a proviso within the Standing Orders, or the Officers
Scheme of Delegation expressly permits or requires the Chief
Executive, Chief Officer or Chief Officer to act in a manner which
may not be in accordance with these Financial Regulations, but
that only to the extent that such express permission or
requirement requires, and subject to such subsequent reporting as
such provision may require. 
b. Where a departure is expressly agreed by a meeting of Council or
the appropriate Service Committee, in advance of such departure
in these circumstances, the Procurement Manager will be
consulted before any report seeking such departure is taken to the
meeting of Council, or the appropriate Service Committee. 
c. Where in the express and written opinion of i) the Section 95
Officer, or ii) the Chief Officer Regulatory and Regeneration, the
application of the Financial Regulations would be such as to
impose a financial, reputational  or legal penalty upon the Council
or may significantly impede the Council in the performance of its
statutory duties such that it would be perverse to strictly apply
these Financial Regulations. 
d. Where the strict application of these Financial Regulations would
place the Council in conflict or mean non-compliance with the
provisions of any funding arrangement; and subject to the
Domestic Procurement Thresholds not being breached;  where
such funding, i) makes a substantial contribution to any contract
for works, supplies and services; and ii) there is no opportunity to
renegotiate the terms of any such funding within a timescale which
permits the drawdown of the funds or the performance of the
contract in accordance with its aims. However, in such
circumstances, any relevant requirements of the Domestic
Procurement Law shall be complied with. 
e. Where the Council is entitled, as a member of a consortium, or is
otherwise permitted to utilise a framework agreement, or dynamic
purchasing system; which is compliant with Domestic Law and EU
Procurement Directives (where appropriate) (the rules and
procedures of such consortium or framework agreement, or
dynamic purchasing system; will, where in conflict with these
Procurement Financial Regulations, have precedence, save
insofar as these Financial Regulations relate to internal
procedures only or insofar as they are a direct translation of any
Standing Order or aspect of the Scheme of Delegation. 
2. With the exception of those provided for within the Standing Orders and
Scheme of Delegation; and those determined by Council or Committee
such provisos will only be exercised after consultation with the
Procurement Manager and will be reported to the first appropriate
Committee where expenditure exceeds or is likely to be valued at

Page 32

Official
at or higher than the appropriate threshold in Standing Order 36(4). 
Q9 Procurement Responsibility for Contracts 
1. The Procurement Manager is ultimately responsible for determining
whether a procurement is low / medium / high complexity.   
2. The procuring service is responsible for all low complex procurements
and works procurements below £2,000,000 where these procurements
will be directly awarded through a framework agreement in accordance
with Service Led Low Complex Procurement guidance issued by the
Procurement Manager. 
3. The Procurement Manager is responsible for all medium and high
complexity procurements and where directly awarding the procurement
through a framework agreement is not the most appropriate means of
fulfilling the requirement, the Procurement Manager shall be
responsible for low complex procurements and works procurements
with a value £50,000 or more. 
Q10 Commodity / Contract Strategy and Contract & Supplier Management
1. Where the need is identified through the commodity / contract
strategy, the Procurement Manager may require that relevant 
Chief Officer to ensure that the following provisions will be
adhered to which may include: 
a. Appointing an experienced sponsor. 
b. Establishing and maintaining a project team until the contract has
been put in place, with the right expertise which will include a
project manager, lead officer, contract owner and appropriate
representation from the Corporate Procurement Unit; Finance
Services; Legal Services and any further officers required. 
c. Defining the project stakeholders and communicating with the
stakeholders at regular intervals. 
d. Defining the required works, supplies and/or services. 
e. Developing, reviewing and finalising an options appraisal and / or
business case that shall include an analysis of cost, time,
resources, quality, risk and deliverability. 
f. Defining a clear, concise and unambiguous specification / scope. 
g. monitoring and controlling the specification / scope throughout the
procurement and contract period.

Page 33

Official
h. Managing the relationship between the Council and the successful
supplier. 
i. Ensuring that the Contract & Supplier Management Policy is
adhered to and that contract owners have an understanding of the
supplier contractual obligations and their own responsibilities with
regards to identifying warning signs and whistleblowing of
suspected modern slavery 
Q11 Minimum Contract Provisions
Except in circumstances where the Procurement Manager and Chief Officer
Regulatory and Regeneration agree otherwise, every contract must be: 
1. in the name of West Dunbartonshire Council 
2. in probative writing 
3. subject to the Laws of Scotland 
4. subject to the agreed exclusion or amendment of any such provisions in
terms of the Financial Regulations, Q.12 hereof, including all provisions
required by the Standing Orders or Financial Regulations, Q.11 hereof. 
Q12 Contract Documents 
1. With the exception of the specification or scope of the contract
requirements, the procurement documents in respect of all
contracts shall be prepared by the Procurement Manager in
consultation with the Chief Officer of the procuring service(s). 
The terms and conditions of the contract must be prepared in
consultation with the Chief Officer – Regulatory & Regeneration. 
2. With the exception of framework agreement call-offs; dynamic
purchasing system call-offs and emergency placements, the
Single Procurement Document (ESPD) must be used in all
procedures. 
3. The Procurement Manager may also, after consultation with the
Chief Officer – Regulatory & Regeneration as aforesaid; make
use of procurement documents prepared by the Crown
Commercial Service, Scotland Excel or the Scottish Procurement
and Commercial Service area or any other public sector body,
amended as appropriate, where permitted by those bodies to do
so. It is the Procurement Manager's responsibility to ensure that
the procurement documents are suitable for the contract. 
4. For repeat requirements and contracts which are agreed in
advance to fall within particular categories, the Procurement
Manager may dispense with consultation with the Chief Officer –
Regulatory & Regeneration, subject to their consulting in the

Page 34

Official
event of any particularly onerous or unusual requirement arising
during the course of any procurement; and subject to any
agreed terms and conditions being reviewed annually with the
Chief Officer – Regulatory & Regeneration to ensure their
continued relevance, accuracy and fitness for purpose. 
Q13 Supplementary Procedures
The Procurement Manager may, following consultation with the Corporate
Management Team and any relevant officers, as determined by the subject
matter, issue supplementary procedural notes (“Supplementary Procedures”)
to be read in conjunction with these Procurement Financial Regulations; and
complied with when a contract for works, supplies and services is being
sought. These additional procedures will be notified to all Chief Officers who
will ensure their distribution to and compliance by all relevant employees. 
Q14 Lists 
1. The Council will not operate a list for the pre-selection of suppliers to
tender. 
2. A properly constituted framework agreement or dynamic purchasing
system, either operated by the Council or a third party, under which the
Council is legally entitled to procure, will not be classed as a List for the
purposes of these Procurement Financial Regulations. 
3. For the avoidance of doubt, the Council may retain records of recent
suppliers’ health and safety vetting to ensure that the tendering health
and safety processes remain efficient.  Such vetting must be approved
by the Procurement Manager in consultation with the Chief Officer
Regulatory and Regeneration and must not prevent any bidder from
submitting more up to date information. 
Q15 Compliance with Domestic Procurement Law and EU Procurement
Directives (if appropriate)
For Procurement Manager led procurements, where an existing framework
agreement or dynamic purchasing system is not being used, the Procurement
Manager shall include within the Contract Notice, a web link to the Public
Contracts Scotland-Tenders portal from where the electronic Invitation to
Tender, including the Single Procurement Document (SPD), can be
immediately accessed. 
Q16 Choice of Procurement Procedure
For Procurement Manager led procurements, the Procurement Manager will,
following consultation with the Chief Officer with responsibility for the proposed
contract, agree the appropriate procurement procedure to be followed, which
may include use of an existing framework agreement or dynamic purchasing
system.  The agreed procedure will be identified as part of the contract
strategy. The Procurement Manager shall ensure that the contract is
advertised, tendered, evaluated and awarded in compliance with Domestic

Page 35

Official
Law or the EU Directives (if applicable) or the rules of the existing framework
agreement or dynamic purchasing system. 
Q17 Advertising and Publicity for Contracts 
For Procurement Manager led procurements, the Procurement Manager, must
comply with the provisions relating to advertising of contracts in Domestic
Procurement Law and the following procedures shall apply: 
1. The Council is not required to advertise contracts for social and other
specific services falling below the Domestic Procurement Threshold or
where a contract awarded usig an existing framework agreement or
dynamic purchasing system is to be used. 
2. In general such contracts will be advertised on the Public Contracts
Scotland portal.  The Procurement Manager may also authorise the
advertisement of the contract in any other appropriate way such as in
trade journals or newspapers. 
3. The Procurement Manager shall ensure that the Council’s own website
contains links to the Public Contracts Scotland portal. 
Q18 Social Care and Other Specific Services Procurement
1. For all procurement of Social Care, Education and other Specific
Services to which the Provisions of Schedule 3 (Social and Other
Specific Services) of the Public Contracts (Scotland) 2015 applies (”the
Light Touch Regime”), a direct award without competition may be made
so long as all legislative requirements are met and where appropriate
Scottish Government and COSLA guidance on the Procurement of
Care and Support Services should be followed. 
2. For service led procurements, the appropriate Chief Officer has full
authority to place Contracts up to the threshold of the Light Touch
Regime following any required consultation, provided budgetary
provision exists with no further report to Council or Committee being
required.   For Procurement Manager led procurements, the appropriate
Chief Officer will have full authority to place Contracts up to the
threshold of the Light Touch Regime following consultation with the
Procurement Manager, provided budgetary provision exists with no
further report to Council or Committee being required. 
3. Where either budgetary provision does not exist, or the limit of the Light
Touch Regime Threshold will be exceeded and where there is a need
for an  emergency placement for social care or education, and where
that means the contract needs to be put in place before the authority is
given by Council, Committee or other relevant authority then, once the
contract has been placed, a report will be sent to the next available
Council or Committee notifying the award and explaining the reason for
the placement, subject always to the overriding duty to protect the

Page 36

Official
Personal Data and privacy of the individual or individuals in receipt of
the services. 
4. For service led procurements, the service must ensure that a notice of
Contract Award has been published in the PCS – Quick Quote portal in
accordance with Service Led Low Complex Procurement issued by the
Procurement Manager.  For Procurement Manager led procurements, 
the Procurement Manager will ensure that a notice of Contract Award
has been published in the Public Contracts Scotland portal. 
Q19 Restricted Procedure
For Procurement Manager led procurements, in accordance with the agreed
contract strategy, the Procurement Manager may approve the use of the
Restricted Procedure which shall be conducted in accordance with these
Procurement Financial Regulations. In particular: 
1. The Procurement Manager will ensure that any Contract Notice and
procurement documentation contain sufficient information to enable any
potential bidder to determine whether they are interested in bidding for
the contract; including i) the subject matter of the contract, ii) its
duration, iii) reference to selection criteria, iv) estimated
commencement date and where v) appropriate and available, its
estimated value. The notice must also specify a date and time by which
requests to be selected to tender must be received. This date and time
must be no sooner than 10 working days from the date the notice is
published and where the spend is likely to exceed the Domestic
Procurement Thresholds, no less than those timescales prescribed by
the Domestic Procurement Law. 
2. The SPD in terms agreed between the Procurement Manager and the
Chief Officer or Chief Officer of the procuring Service(s), shall be issued
by the Procurement Manager to all potential bidders responding to the
notice issued. 
3. The Procurement Manager together with officers from the procuring
service(s) and other officers with relevant input e.g. Finance and Legal
Services; will evaluate the SPD, strictly in accordance with the
established selection criteria. 
4. No bidder may be invited to tender unless they have successfully
complied with the Council’s competence, experience, capacity, financial
and health and safety checks and have met all other criteria to be
invited to tender as set out in the SPD, issued.   
5. A sufficient number of bidders must be invited to tender to ensure
genuine competition, which should not, except with the express
agreement of the Procurement Manager, be fewer than five. Where
fewer than five bidders express an interest, all those bidders meeting
the minimum selection criteria, must be invited to tender.

Page 37

Official 
6. The Procurement Manager will be responsible for issuing the Invitation
to Tender. 
7. All Invitation to Tenders will include the final date and time for receipt of
the tenders by the Council. The Invitation to Tenders’ must also include
the award criteria weightings for the award of the contract and a
summary of the evaluation process to be used. 
8. The Procurement Manager will coordinate and respond to all tender
correspondence, queries and clarifications throughout the tender
process; including seeking input as required from the procuring service
and other relevant areas of expertise within the Council. 
9. The Procurement Manager will consider and respond to any requests
for extensions to the tender period, having regard to the terms of any
request and any input from the procuring service(s). 
10. The Procurement Manager together with officers from the procuring
service(s) will evaluate the tenders strictly in accordance with the
established award criteria. 
11. In the event of any matter being unclear to those conducting the
evaluation, the Procurement Manager will arrange for clarification or
verification of matters within any tender. In the event of such
clarification or verification revealing a matter which may be common to
one or more tenders, the Procurement Manager may, following
verification of such with those bidders as appear appropriate, determine
that the impact of any such issue on the evaluation be applied to all
those to which the matter applies. 
12. On completion of the evaluation of bids and subject to the necessary
checks and consents having been obtained, the Procurement Manager
shall close the competitive stage of the tendering process. 
13. If not previously delegated by a service committee or Council, where
the expenditure is from £213,477 for supplies and services, £663,540
for Light Touch Regime services or £2,000,000 for works (inclusive of
VAT), the Procurement Manager will submit a report to the Tendering
Committee for approval to award the contract. 
14. Subject to authority to award the contract from the Tendering
Committee, service committee or Council as appropriate, the
Procurement Manager shall advise all unsuccessful bidders in writing of

Page 38

Official
the outcome of the tender process and may issue the Notice of
Intention to Award letter to the most economically advantageous bidder.
The Notice of Intention to Award letter shall confirm the Council’s
intention to formally award the contract subject to agreement of any
outstanding matters not conclusively addressed in terms of the tender
process. This may include any changes to terms and conditions or
commercial terms including price, deemed necessary to best deliver the
purpose of the proposed contract. Changes which materially alter
aspects of the contract such that the outcome of the tender process
may have been different; will not be permitted. 
15. Where the contract value exceeds the Domestic Procurement
Thresholds – Public Contracts (Scotland) Regulations 2015, the
Procurement Manager will implement the relevant standstill period,
including issue of the relevant standstill letters to all bidders, in
accordance with the requirements of the Domestic Procurement Law. 
16. Following conclusion of any outstanding matters with the most
economically advantageous bidder and compliance with any relevant
standstill period, the Chief Officer of the procuring service(s) may
instruct the Chief Officer Regulatory and Regeneration to enter into a
binding contract in accordance with Financial Regulations, Regulation
Q.11) - Minimum Contract Provisions. 
17. The Procurement Manager will ensure that all lawful, appropriate and
necessary feedback is delivered to unsuccessful bidders. 
18. The Procurement Manager will ensure that a Contract Award Notice is
published in the Public Contracts Scotland portal within 30 calendar
days of the Letter of Award being signed by the successful supplier(s).
Q20 Open Procedure
For Procurement Manager led procurements, in accordance with the agreed
contract strategy, the Procurement Manager may approve the use of the
single stage Open Procedure which shall be conducted in accordance with
these Procurement Financial Regulations. In particular: 
1. The Procurement Manager will ensure that any Contract Notice or
procurement documentation will state the selection criteria, award
criteria, weightings for the award of the contract, a summary of the
evaluation process and must contain sufficient information to enable
any potential suppliers to determine whether they are interested in
bidding for the contract. This should include the subject matter of the
contract, its duration, estimated commencement date and where
appropriate its estimated value. The Contract Notice or procurement
documentation must also specify a date and time by which tenders
must be received. This date and time must be no sooner than 10

Page 39

Official
working days from the date the notice is published and where the spend
is likely to exceed the Domestic Procurement Thresholds, no less than
those timescales prescribed by the Domestic Procurement Law. 
2. The Procurement Manager shall include within the Contract Notice, a
web link to the Public Contracts Scotland-Tenders portal from where the
electronic Invitation to Tender, including the SPD, can be immediately
accessed or in exceptional circumstances e.g. where a tender is being
invited under an existing multi-supplier framework agreement, will
advise potential bidders of how procurement documentation including
an Invitation to Tender, can be obtained. 
3. The Procurement Manager together with officers from the procuring
service(s) and other officers with relevant input e.g. Finance and Legal
Services; will evaluate the SPD, strictly in accordance with the
established selection criteria. 
4. The Procurement Manager will co-ordinate and respond to all tender
correspondence, queries and clarifications throughout the tender
process; including seeking input as required from the procuring
service(s) and other relevant areas of expertise within the Council. 
5. The Procurement Manager will consider and respond to any requests
for extensions to the tender period, having regard to the terms of any
request and any input from the procuring service(s). 
6. The Procurement Manager together with officers from the procuring
service(s); will evaluate the tenders, strictly in accordance with the
established award criteria. 
7. In the event of any matter being unclear to those conducting the
evaluation, the Procurement Manager will arrange for clarification or
verification of matters within any tender. In the event of such
clarification or verification revealing a matter which may be common to
one or more tenders, the Procurement Manager may, following
verification of such with those bidders as appear appropriate, determine
that the impact of any such issue on the evaluation be applied to all
those to which the matter applies. 
8. On completion of the evaluation of bids and subject to the necessary
checks and consents having been obtained, the Procurement Manager
shall close the competitive stage of the tendering process.

Page 40

Official
9. If not previously delegated by a service committee or Council, where
the expenditure is from £213,477 for supplies and services, £663,540
for Light Touch Regime services or £2,000,000 for works (inclusive of
VAT), the Procurement Manager will submit a report to the Tendering
Committee for approval to award the contract. 
10. Subject to authority to award the contract from the Tendering
Committee, or if previously delegated, the Service Committee / Council,
the Procurement Manager shall advise all unsuccessful bidders in
writing of the outcome of the tender process and may issue the Notice
of Intention to Award letter to the most economically advantageous
bidder. The Notice of Intention to Award letter shall confirm the
Council’s intention to formally award the contract subject to agreement
of any outstanding matters not conclusively addressed in terms of the
tender process. This may include any changes to terms and conditions
or commercial terms, including price, deemed necessary to best deliver
the purpose of the proposed contract. Changes which materially alter
aspects of the contract such that the outcome of the tender process
may have been different; will not be permitted. 
11. Where the contract value exceeds the Domestic Procurement
Thresholds – Public Contracts (Scotland) Regulations 2015, the
Procurement Manager will implement the relevant standstill period,
including issue of the relevant standstill letters to all bidders, in
accordance with the requirements of the Domestic Procurement Law. 
12. Following conclusion of any outstanding matters with the most
economically advantageous bidder and compliance with any relevant
standstill period, the Chief Officer of the procuring service(s) may
instruct the Chief Officer Regulatory and Regeneration to enter into a
binding contract in accordance with Financial Regulations, Regulation
Q.11- Minimum Contract Provisions. 
13. The Procurement Manager will ensure that all lawful, appropriate and
necessary feedback is delivered to unsuccessful bidders. 
14. The Procurement Manager will ensure that a Contract Award Notice is
published in the Public Contracts Scotland portal within 30 calendar
days of the Letter of Award being signed by the successful supplier(s).
Q21 Negotiated Procedure With / Without Prior Publication
For Procurement Manager led procurements, in accordance with the agreed
contract strategy, the Procurement Manager may approve the use of the
Negotiated Procedure which shall be conducted in accordance with these
Financial Regulations. In particular:

Page 41

Official
1. Where the Domestic Procurement Law apply to a proposed contract,
the Negotiated Procedure may only be used in strict compliance with
the requirements of such Domestic Procurement Law for the use of the
Negotiated Procedure either with or without the publication of a
Contract Notice. 
2. Where the value or any other aspect of the proposed contract excludes
application of the Domestic Procurement Law – Public Contracts
(Scotland) Regulations 2015, the only grounds on which the Negotiated
Procedure (which in this context means direct negotiations with a single
supplier without competition or without further competition, with a view
to awarding a contract) may be used are: 
a. when the value of the contract is above the Domestic Procurement
Threshold for people based services 
b. where the Council is a member of a consortium, or is otherwise
permitted to utilise a framework agreement or a dynamic purchasing
system,  which permits the Negotiated Procedure 
c. where supplies or materials are proprietary articles and or services
specific to one supplier, or the an individual is recognised as the
sole, or principal  available expert witness in a judicial or quasi
judicial situation; and following due and diligent research no
reasonable satisfactory alternative supplies or services have been
located 
d. where the contract constitutes an extension of an existing contract,
provided that the extension is approved by the Council, or the
appropriate Committee or where the Council is otherwise
contractually bound to proceed with a single supplier.  The
Procurement Manager will approve the report before the report is
taken to the meeting of Council or the appropriate Committee 
e. where the contract consists of repairs to or the supply of, parts for
existing proprietary plant or machinery so as to preserve warranties
or functionality which would otherwise be lost in the event of other
parties repairing or supplying such plant or machinery  and provided
such repair or supply represents Best Value and is legally compliant 
f. where following one of the other procedures referred to in these
Procurement Financial Regulations, there has been no successful
conclusion to the Tender exercise 
g. where, were the contract otherwise subject to the Domestic
Procurement Law, such Laws would have permitted Negotiated
Procedure 
h. where following consideration of all the factors applying to the
contract, the Procurement Manager, in consultation with the Chief

Page 42

Official
Officer Regulatory and Regeneration and such other officers as they
deem appropriate, and with the consent of the Chief Executive or
the appropriate Chief Officers, determines that the Negotiated
Procedure is manifestly in the interests of the Council and compliant
with Standing Orders and applicable law. 
3. In all such cases where the Negotiated Procedure is being followed, the
actual process adopted will ensure fairness and compliance with best
practice and a full written record of all contacts, discussions and
communications with prospective suppliers shall be kept by the
Procurement Manager. 
4. Such negotiations will be conducted in a manner that ensures that the
Council does not contract on terms that are materially less
advantageous than would be the case were another available
procedure adopted. 
5. If not previously delegated by a service committee or Council, where
the expenditure is from £213,477 for supplies and services, £663,540
for Light Touch Regime services or £2,000,000 for works (inclusive of
VAT), the Procurement Manager will submit a report to the Tendering
Committee for approval to award the contract. 
6. Subject to authority to award the contract from the Tendering
Committee or the Service Committee or Council as appropriate, the
Procurement Manager may issue a Notice of Intention to Award letter to
the bidder. The Notice of Intention to Award letter shall confirm the
Council’s intention to formally award the contract subject to agreement
of any outstanding matters not conclusively addressed in terms of the
procurement process. This may include any changes to terms and
conditions or commercial terms including price, deemed necessary to
best deliver the purpose of the proposed contract. Changes which
materially alter aspects of the contract will not be permitted. 
7. Where the contract value exceeds the Domestic Procurement
Thresholds – Public Contracts (Scotland) Regulations 2015, the
Procurement Manager will implement the relevant standstill period,
including issue of the relevant standstill letter to the bidder, in
accordance with the requirements of the Domestic Procurement Law. 
8. Following conclusion of any outstanding matters with the bidder and
compliance with any relevant standstill period, the Chief Officer of the
procuring service(s) may instruct the Chief Officer Regulatory and

Page 43

Official
Regeneration to enter into a binding contract in accordance with
Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 
9. The Procurement Manager will ensure that a Contract Award Notice is
published in the Public Contracts Scotland portal within 30 calendar
days of the Letter of Award being signed by the successful supplier. 
Q22 Competitive Procedure with Negotiation, the Competitive Dialogue
Procedure and Innovation Partnerships   
1. For Procurement Manager led procurements, the Procurement
Manager may choose to adopt the Competitive Procedure with
Negotiation or the Competitive Dialogue Procedure or an Innovation
Partnership where, in their view and in consultation with the Chief
Officer Regulatory and Regeneration, the other procedures referenced
herein will not be effective in facilitating the award of a contract. In
considering the appropriate grounds and conditions for the use of either
the Competitive Procedure with Negotiation or the Competitive Dialogue
Procedure or an innovation Partnership, the Procurement Manager will
consider amongst other matters: 
a. the available resources within and willingness of the procuring
service(s) to support such a process 
b. the extent to which dialogue with the market will assist in
developing a specification or scope, terms and overall solution
best suited to meet the Council’s needs. 
2. Where the Procurement Manager elects to use a Competitive
Procedure with Negotiation or a Competitive Dialogue Procedure or an
Innovation Partnership for a below Domestic Procurement Threshold 
contract, the principles for such procedures as set out in the Domestic
Procurement Law shall be followed insofar as reasonable and
practicable. 
3. If not previously delegated by a Service Committee or Council, where
the expenditure is from £213,477 for supplies and services, £663,540
for Light Touch Regime  services or £2,000,000 for works (inclusive of
VAT), the Procurement Manager will submit a report to the Tendering
Committee for approval to award the contract. 
4. Where the contract value exceeds the Domestic Procurement
Thresholds, the Procurement Manager will implement the relevant
standstill period, including issue of the relevant standstill letter to the

Page 44

Official
bidder, in accordance with the requirements of the Domestic
Procurement Law. 
5. Following conclusion of any outstanding matters with the bidder and
compliance with any relevant standstill period, the Chief Officer of the
procuring service(s) may instruct the Chief Officer Regulatory and
Regeneration to enter into a binding contract in accordance with the
Financial Regulations, Regulation Q.11- Minimum Contract Provisions. 
6. The Procurement Manager will ensure that a Contract Award Notice is
published in the Public Contracts Scotland portal within 30 calendar
days of the Letter of Award being signed by the successful supplier. 
Q23 Contracts Utilising Framework Agreement and Dynamic Purchasing
System Call-offs
Subject to the Below the Light Touch Regime Threshold for Social and
Other Specific Services; or; the Restricted Procedure; or; the Open
Procedure; or; the Negotiated Procedure; being followed: 
1. For service led procurements, or in accordance with the agreed contract
strategy for Procurement Manager led procurements, both may approve
a recommendation for a contract being awarded under a framework
agreement without being required to seek further competition amongst
the suppliers on the framework agreement, in accordance with the
below noted procedure: 
a. For multiple supplier framework agreements, the framework
agreement must clearly set out how the service or the Procurement
Manager will select a supplier for direct award.  For example, by
ranking the suppliers using the original framework agreement award
criteria and selecting the highest scoring supplier who is capable of
fulfilling the contract. 
b. The invitation shall specify the closing date and time for submission
of the direct award procedure. The time limit fixed for the return shall
take into account factors such as the complexity of the subject
matter and the time needed to prepare a submission but, in any
event, shall be not less than 10 working days from the date the
invitations are issued. 
c. For service led procurements, the service will co-ordinate and
respond to all direct award correspondence, queries and
clarifications throughout the direct award process; including seeking
input as required from other relevant areas of expertise within the
Council.  For Procurement Manager led procurements, the
Procurement Manager will co-ordinate and respond to all direct

Page 45

Official
award correspondence, queries and clarifications throughout the
direct award process; including seeking input as required from other
relevant areas of expertise within the Council. 
d. For service led procurements, the service will evaluate the direct
award response, strictly in accordance with the established award
criteria.  For Procurement led procurements, the Procurement
Manager will evaluate the direct award response, strictly in
accordance with the established award criteria. 
e. For service led procurements, in the event of any matter being
unclear to those conducting the evaluation, the service will arrange
for clarification or verification of matters within any direct award
procedure.  For Procurement Manager led procurements, in the
event of any matter being unclear to those conducting the
evaluation, the Procurement Manager will arrange for clarification or
verification of matters within any direct award procedure. 
f. For service led procurements, the service will consider and respond
to any request for an extension to the direct award period, having
regard to the terms of any request.  For Procurement Manager led
procurements, the Procurement Manager will consider and respond
to any request for an extension to the direct award period, having
regard to the terms of any request. 
g. For service led procurements, on completion of the evaluation of a
bid and subject to the necessary checks and consents having been
obtained, the service shall close the direct award process.  For
Procurement Manager led procurements, on completion of the
evaluation of a bid and subject to the necessary checks and
consents having been obtained, the Procurement Manager shall
close the direct award process.   
2. Where a framework agreement has been established but it does not lay
down all of the terms of a proposed contract including, for example,
where a new item can legitimately be added to the framework
agreement; or for a dynamic purchasing system; the Procurement
Manager may either hold a mini competition procedure under the
framework agreement or dynamic purchasing system; in accordance
with the below noted procedure: 
a. Every supplier on the framework agreement; or dynamic purchasing
system; capable of performing the contract shall be issued with an
invitation to take part in the mini competition. All invitations shall be
issued at the same time;

Page 46

Official
b. The invitations shall specify the closing date and time for
submission of the mini competition procedure. The time limit fixed
for the return shall take into account factors such as the complexity
of the subject matter and the time needed to prepare a submission
but, in any event, shall be not less than 10 working days from the
date the invitations are issued; 
c. The Procurement Manager will co-ordinate and respond to all mini
competition correspondence, queries and clarifications throughout
the mini competition process; including seeking input as required
from the procuring service(s) and other relevant areas of expertise
within the Council; 
d. The Procurement Manager together with officers from the procuring
service(s) will evaluate the mini competitions responses, strictly in
accordance with the established award criteria; 
e. In the event of any matter being unclear to those conducting the
evaluation, the Procurement Manager will arrange for clarification or
verification of matters within any mini competition. In the event of
such clarification or verification revealing a matter which may be
common to one or more mini competition bidders, the Procurement
Manager may, following verification of such with those mini
competition bidders as appear appropriate, determine that the
impact of any such issue on the evaluation be applied to all those to
which the matter applies; 
f. The Procurement Manager will consider and respond to any
requests for extensions to the mini competition period, having
regard to the terms of any request and any input from the procuring
service(s); 
g. On completion of the evaluation of bids and subject to the
necessary checks and consents having been obtained, the
Procurement Manager shall close the competitive stage of the mini
competition process. 
3. If not previously delegated by a service committee or Council, where
the expenditure is from £213,477 for supplies and services or £663,540
for Light Touch Regime services (inclusive of VAT), for service led
procurements, the service will submit a report to the Tendering
Committee for approval to award the contract.  Further, if not previously
delegated by a service committee or Council, where the expenditure is
from £213,477 for supplies and services, £663,540 for Light Touch
Regime services or £2,000,000 for works (inclusive of VAT), for

Page 47

Official
Procurement Manager led procurements, the Procurement Manager in
conjunction with the service, will submit a report to the Tendering
Committee for approval to award the contract. 
4. For service led procurements, subject to authority to award the contract
from the Tendering Committee, service committee or Council where
appropriate, having been obtained, the service may issue a Notice of
Intention to Award letter to the direct award bidder. The Notice of
Intention to Award letter shall confirm the Council’s intention to formally
award the contract subject to agreement of any outstanding matters not
conclusively addressed in terms of the direct award. This may include
any changes to terms and conditions or commercial terms, including
price, deemed necessary to best deliver the purpose of the proposed
contract. Changes which materially alter aspects of the contract such
that the outcome of the direct award process may have been different;
will not be permitted. 
5. For Procurement led procurements, subject to authority to award the
contract from the Tendering Committee, service committee or Council
as appropriate, having been obtained, the Procurement Manager shall
advise all unsuccessful mini competition bidders in writing of the
outcome of the mini competition process and may issue a Notice of
Intention to Award letter to the direct award bidder or most economically
advantageous mini competition bidder. The Notice of Intention to Award
letter shall confirm the Council’s intention to formally award the contract
subject to agreement of any outstanding matters not conclusively
addressed in terms of the direct award / mini competition process. This
may include any changes to terms and conditions or commercial terms,
including price, deemed necessary to best deliver the purpose of the
proposed contract. Changes which materially alter aspects of the
contract such that the outcome of the mini competition process may
have been different; will not be permitted. 
6. For service led procurements, where the contract value exceeds the
Domestic Procurement Thresholds, the service may implement a
voluntary standstill period, including issue of the voluntary standstill
letter to the direct award bidder.  For Procurement Manager led
procurements, where the contract value exceeds the Domestic
Procurement Thresholds, the Procurement Manager may implement a
voluntary standstill period, including issue of the voluntary standstill
letters to the direct award bidder or mini competition bidders. 
7. Following conclusion of any outstanding matters with the direct award
bidder or most economically advantageous mini competition bidder, the

Page 48

Official
Chief Officer of the procuring service(s) may instruct the Chief Officer
Regulatory and Regeneration to enter into a binding contract in
accordance with Financial Regulations, Regulation Q.11- Minimum
Contract Provisions. 
8. The Procurement Manager will ensure that all lawful, appropriate and
necessary feedback is delivered to unsuccessful mini competition
bidders. 
9. For service led procurements, the service must notify the direct award
supplier via the PCS – Quick Quote portal in accordance with Service
Led Low Complex Procurement issued by the Procurement Manager. 
For Procurement Manager led procurements, the Procurement
Manager will ensure a Contract Award Notice is published in the Public
Contracts Scotland portal within 30 calendar days of the Letter of Award
being signed by the successful supplier. 
Q24 E-procurement
E-procurement shall generally be used for contracts let by the Council
including direct awards and mini competitions where permitted unless there
are valid and substantial reasons for not doing so. In applying e-procurement
the following processes and procedures will apply:
1. Where e-procurement is to apply, no offer submitted will be considered
unless it is received via the Council's approved e-procurement system;
in the format requested and prior to the deadline for the receipt of offers
as stated by the Council in the procurement documents unless a valid
and legally competent reason for not doing so e.g. defect in the system,
has been highlighted by a bidder at or prior to the deadline for the
receipt of submissions. 
2. For service led procurements, the procuring service shall ensure that
each offer is kept unopened in a single secure electronic mailbox via
PCS Quick Quote and cannot be opened before the deadline. 
3. For Procurement Manager led procurements, the Procurement
Manager shall ensure that each offer is kept unopened in a single
secure electronic mailbox (either PCS Quick Quote or PCS Tender) that
cannot be opened before the deadline. 
4. Both the service and the Procurement Manager shall ensure that a
record is maintained showing the time and date of receipt of all
procurements. 
5. For Procurement Manager led procurements, the Procurement
Manager may authorise, in consultation with the procuring service(s),

Page 49

Official
the extension of the deadline for the receipt of procurements in the
following circumstances: i) prior to any procurement being received by
the Council; or (ii) where, following procurements being received but
before the Council is able to open those procurements due to the
functionality of the e-procurement system, a bidder notifies a material
error in the documentation issued by the Council or the e-procurement
system, or indicates to the Council any credible and reasonable ground
it may have to challenge the Council were such an extension not
granted. In the circumstances in (ii) above, any bidder who has already
submitted a procurement shall be given the opportunity to re-submit
their procurement. 
6. For Procurement Manager led procurements, all procurements shall be
opened immediately one after the other during one session. The
bidders Technical Envelope in the e-procurement system shall be
evaluated firstly. When the bidder’s Technical Envelope has been
evaluated the Technical Envelope will be closed. The bidders
Commercial Envelope will be evaluated next.  When the bidder’s
Commercial Envelope has been evaluated the Commercial Envelope
will be closed. The Procurement Manager shall ensure that a record
showing the particulars of each procurement received and the date and
time when those tenders were opened shall be kept. 
Q25 Electronic Reverse Auctions
1. The Procurement Manager may authorise the carrying out of an
electronic reverse auction (e-auction) where they are satisfied that the
likely benefit of such will outweigh the costs and that the e- auction is in
accordance with the Domestic Procurement Law. The following
provisions will apply in the event of any e-auction: 
a. An e-auction may only be carried out where the possibility of the
use of an e-auction has been stated in the procurement
documents issued to bidders and, where the Domestic
Procurement Law applies, in the Contract Notice published in the
Public Contracts Scotland portal. 
b. Before the Procurement Manager can authorise an e-auction,
they must ensure that a full initial evaluation of tenders has been
undertaken in accordance with the award criteria set and with the
weighting fixed for them. All bidders who have submitted
admissible tenders shall be invited simultaneously by electronic
means to submit new prices and/or new values.

Page 50

Official
c. Throughout each phase of an e-auction the Procurement
Manager shall instantaneously communicate to all bidders
involved, at least sufficient information to enable them to
ascertain their relative rankings at any moment. The
Procurement Manager may also, at any time, announce the
number of participants in that e-auction however at all times, the
names of bidders will be kept anonymous. 
2. Any e-auction will be subject to such additional procedural requirements
as the Procurement Manager in consultation with the Chief Officer
Regulatory and Regeneration considers necessary. 
Q26 Advanced Payments
1. Advance payments to suppliers (i.e. payments made before equivalent
value is received in return) should be exceptional, and should only be
considered if a Best Value case can be made for them (e.g. a price
discount commensurate with the value of the funds in question) and if
all reasonable steps have been taken to protect public funds. 
2. Interim payments are made at a prescribed stage or at intervals during
the progress of a project. Interim payments may have an element of
prepayment. 
3. The Domestic Procurement Law which protects the right of all potential
suppliers to compete on equal terms must be complied with.  It would
not be acceptable, for example, to offer advance payments to the
successful supplier to secure a further price advantage. 
Q27 Contract Variation
1. Contract variation includes the option to increase the amount of works,
supplies or services acquired under the contract, to increase the
duration of the contract, as well as the option to increase the value of
the contract. 
2. Where a contract has been advertised in accordance with the Domestic
Procurement Law and it becomes apparent to the Chief Officer or Chief
Officer of the procuring service(s) that the value of the contract as
previously reported to the appropriate Committee is likely to be
exceeded, the Chief Officer shall consult with the Procurement Manager
for advice on what action requires to be taken. 
3. Where a contract has not been advertised under the Domestic
Procurement Law and the increase in the value of the contract is such
that the Domestic Procurement Thresholds is likely to be exceeded, no
further orders shall be made under the contract until the Chief Officer
has obtained advice from the Procurement Manager on what action

Page 51

Official
requires to be taken save where withholding such further orders in the
interim would constitute a breach of any contractual provision or
legislative requirement. 
4. Notwithstanding Financial Regulations, 21.1.(ii).(d) – Negotiated
Procedure, in all cases, where the value of the contract exceeds the
Domestic Procurement Thresholds and the estimated net cumulative
additional cost is more than the greater of £100,000 or 25%, of which is
the greater; of the approved contract value, the Chief Officer in
consultation with the Procurement Manager, shall ensure that a report
on the matter is submitted to the next meeting of the Council or relevant
Committee where the original budget allocation was approved. 
Q28 Contract Database
1. The Procurement Manager shall maintain a register of all contracts. For
service led procurement, the procuring service(s) shall log details of the
planned contract with the Procurement Manager through populating the
contract award notice on PCS Quick Quote by providing all information
deemed necessary by the Procurement Manager to create a record of
the contract within the Contracts Database. 
2. For contracts valued at £50,000 and above, the Procurement Manager
will complete the Contracts Database. 
Q29 Reports on Procurement Matters
No report will be submitted to Council or Committee seeking to undertake a
procurement from £50,000 (exc. of VAT) or approval to award a supplies or
services contract from £213,477 (inclusive of VAT), or a Light Touch Regime
services contract from £663,540 (inclusive of VAT), or a works contract from
£2,000,000 (inclusive of VAT), unless the Procurement Manager has first been
consulted and their comments noted in the report. 
Q30 Payment Arrangements
All payment arrangements will be fully compliant with Domestic Legislation
and will be fully documented in any procurement documentation. 
Q31 Pecuniary Interest of Members or Officers 
Where a Member or officer involved in a contract has a pecuniary interest in
that contract, he/she must declare that interest and abide by the provisions of
the Ethical Standards in Public Life etc. (Scotland) Act 2000, the Councillors’
Code of Conduct and any guidance made there-under and the Council Code
of Conduct for Employees. 
Evaluation must always make sure equal treatment is undertaken in a
proportionate, objective, transparent and non-discriminatory manner. The
evaluation panel should be able to withstand any scrutiny. It is the
responsibility of all evaluation team members to complete a conflict of interest

Page 52

Official
form prior to evaluation of each tender and to ensure that this includes any
potential conflict of interest which would prevent them from making a fair and
objective tender assessment.  For Procurement Led tenders, evaluators will
be issued this form for completion. For any department led procurements,
evaluators must make the procurement team aware of any potential conflicts. 
R.  COMPLIANCE  OF  MEMBERS  AND  OFFICERS 
R1 Members’ Code
All Members must observe and comply with the Councillor's Code of Conduct
issued by the Scottish Ministers in terms of the Ethical Standards in Public
Life etc. (Scotland) Act 2000 and any guidance made hereunder. 
R2 Officers’ Code 
All officers must observe and comply with the Council’s Code of Conduct
for Employees. 
R3 Scheme of Delegation
Officers may only exercise such functions and powers as are delegated to
them by Council or Committee or under the Scheme of Delegation. 
R4 Other Regulations
All Members and officers must comply with the undernoted regulations in
conjunction with these financial regulations: 
• Council Standing Orders including Contract Standing Orders;
• Council Treasury Management Policy Statement; and
• Member / Officer Protocol. 
S. OBSERVANCE OF FINANCIAL REGULATION 
S1 Responsibility of Chief Officers
Each Chief Officer is responsible for ensuring that these Financial
Regulations are made available to all relevant employees and other persons
within their service area, and that appropriate arrangements are in place to
support compliance. 
S2 Breach of Regulations
Any breach or non-compliance with these Financial Regulations must, on
discovery, be reported immediately to the Chief Officer Resources who will
discuss the matter with the Chief Executive and / or any other relevant Chief
Officer as appropriate in order to determine the proper action to be taken
through consideration of the following: 
• Code of Conduct for Employees and associated Guidance on offers of
gifts, hospitality and declaring Interests.
• Counter Fraud and Corruption Strategy.
• Business Irregularity procedures.

Page 53

Official
T. REVIEW  OF  FINANCIAL REGULATIONS 
T1 Review of the Financial Regulations
The Chief Officer Resources will review the Financial Regulations as
circumstances require, and submit any proposed amendments to Council for
approval.