Democracy Spraffa

Item 9 - Review of Financial Regulations

West Dunbartonshire Council · 30 August 2023
Back to West Dunbartonshire Council — 30 August 2023 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

WEST DUNBARTONSHIRE COUNCIL
Report by Chief Officer - Resources
Council: 30 August 2023
Subject: Financial Regulations Update
1. PURPOSE
1.1 To seek approval of the revised Financial Regulations.
2. RECOMMENDATIONS
2.1 It is recommended that the Council approves the revised Financial Regulations,
as attached to this report at Appendix 1.
3. BACKGROUND
3.1 The Council is required in terms of section 81 of The Local Government
(Scotland) Act 1973, to have Standing Orders with respect to making contracts
and in terms of section 95, to make arrangements for the proper administration
of its financial affairs - the Financial Regulations.
3.2 The Council’s Financial Regulations were last updated in August 2019.
3.3 The proposed revisions are mainly in relation to Section Q – Procurement and
reflect current procurement legislation, current practice and guidance, to
provide clear processes over financial management practice. In particular there
are multiple updates in section Q relating to the UK’s withdrawal from the EU
and the revision to the Council’s Standing Orders, which the Financial
Regulations should be read in conjunction with, agreed by Council in October
2022.
In addition there are changes to other areas of the regulations to ensure they
remain aligned to other Council governance documents and current practice.
4. MAIN ISSUES
4.1 The Financial Regulations have been fully reviewed and updated. Many of the
updates are relatively minor in nature and relate to job title changes, together
with updating to recognise wider uses of electronic processes (i.e. electronic
approvals rather than hard copy approvals). This cover report is not intended to
highlight these minor changes which do not materially change the regulations,
and the governance set out in them.
4.2 There are however more significant changes which it is important to highlight
and these are highlighted in Table 1.
ITEM 9

Page 2

Table 1 – Significant Changes to Financial Regulations 
Regs 
Ref
Previous Version Revised Version Rationale
A3 No deletion of previous
narrative 
Added narrative 
In addition to what is set out in these Regulations, the S95
Officer may issue financial instructions to clarify these
Regulations.  Other Chief Officers may also issue financial
instructions relating to the functions and operation of their
services, following consultation with the S95 Officer.
Provides degree of
flexibility to issue
clarification/instructions
outwith two year review. 
A6 and
A7
No deletion of previous
narrative
Added reference to HSCP and ‘Council Resources’  Avoid any confusion
about who Financial 
Regulations apply 
specifically in relation to
Council resources. 
B4 No deletion of previous
narrative  Added narrative The inclusion of items in approved
revenue or capital budgets will constitute authority to the
relevant officer, subject to thresholds and constraints
within the Scheme of Delegation, to incur that expenditure. 
Provide clarity over
authority to incur
expenditure and the fact
that this is constrained
by the restrictions set
out in the Scheme of
Delegation.
B6 No deletion of previous
narrative
Added narrative 
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 will
require to have been obtained prior to any
expenditure.
Provide clarity over
limitations on delegated
authority for incurring
capital expenditure

Page 3

The capital programme does include some recurring
budgets and, spend against these will not require approval
beyond the approval of their inclusion in the capital
programme. However new projects included in the capital
programme are subject to the approval of appropriate
business cases to a relevant future Committee or Council
unless this has already been secured.
C2
Revenue
Chief Officers may vire
between subjective
headings (types of
expenditure) within a
Service to a maximum
of £10,000 with approval
of the Strategic Lead -
Resources. Any virement
above £10,000 requires
the approval of the
Strategic Lead -
Resources and then
approved by the relevant
Committee. 
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. 
Increase in virement
limit reflects the change
in scale of delegated
authority granted under
the review of Standing
orders reported to
Corporate Services
Committee in October
2022. Previous limit of
£10,000 considered
very low when
considered against the
size of the Council’s
overall revenue budget. 
C2
Capital
Chief Officers may vire
between capital projects
to a maximum of £60,000
with the agreement of all
Chief Officers concerned,
the approval of the
Strategic Lead –
Resources, in
consultation with the
Chief Officers may vire between capital projects to a
maximum of £100,000 with the agreement of all Chief
Officers concerned, the approval of the Chief Officer
Resources. 
Any virement above £100,000 requires the agreement
of all relevant Chief Officers, the approval of the Chief
Officer Resources and approval by Council. 
Increase in virement
limit reflects the change
in scale of delegated
authority granted under
the review of Standing
orders reported to
Corporate Services
Committee in October
2022.

Page 4

relevant Service
Convener. 
Any virement above
£60,000 requires the
agreement of all Chief
Officers concerned and
the approval of the
Strategic Lead –
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 created by a sudden emergency subject to
advising 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
and Scheme of Delegation. 
Additional narrative to
provide sufficient
flexibility to vire budget
in an emergency 
C7 It is the responsibility of
the Strategic Lead -
Resources to furnish
each Chief Officer at
regular intervals
(normally monthly), a
comparative statement
showing the estimated
revenue income and
expenditure of each
service area and the
payments and receipts
actually made to that
date. 
It is the responsibility of the Chief Officer Resources to furnish
each Chief Officer at regular intervals (approximately four times
a year), a comparative statement showing the estimated
revenue income and expenditure of each service area and the
payments and receipts actually made to that date. 
Change to four times a
year as agreed with
Senior Leadership
Team. Finance will
provide formal
Budgetary Control
Reports four times a
year. Note though that
Chief Officers will be still
be provided finance
updates at management
team meetings and
updated on any material
emerging financial /
budget issues.  These
changes to better
prioritise use of
resources
G No deletion of previous
narrative
Reference added to new Council Purchase to Pay Framework Provide signposting to
appropriate

Page 5

supplementary
framework
I4 No investigatory work is
to be undertaken by any
Officer of the Council
without the express
approval of: 
the Strategic Lead -
Resources for allegations
relating to financial
issues (or in his absence
the Audit Manager); or
the  Strategic Lead -
People and Technology
for alleged breaches of
Human Relations policies
or procedures
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 (i.e.
misappropriation or embezzlement of monies,
materials etc. placed in employee’s charge) then
the Council Business Irregularity Procedure must be
followed. The matter should 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. 
Provide signposting to
appropriate
supplementary policy
and specific reference
to role of Monitoring
Officer in relation to
potential
maladministration.

Page 6

K4 Payments to Members,
of claims for expenses
and allowances, will be
made by the Strategic
Lead - People and
Technology upon receipt
of the required
information duly
completed. All claims for
a financial year are to be
submitted within one
month of 31 March. 
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
3 months from date of expenditure being incurred. 
Aligns regulations to
current Council
practice. Annual returns
no longer permitted as
the accuracy of
checking is extremely
limited. 
M4 N/A – this is a new
section
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 exemptions agreed and update the Scottish
Government in the format and timescale to be advised by the
Fair Work Policy team.   
To reflect current
requirements

Page 7

Q16
Q17
Q19 1
Q19 15
Q20 1
Q20 11
Q21
Q22
Q23
Q25 1
Q26 3
Q27 
Explanation of 
references to EU
Procurement Directives /
EU Procurement law /
Official Journal of the
European Union
Note – there are, throughout 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.   
The Public Contracts
(Scotland) Regulations
2015 still refer to the
Directive so it is still
legitimate to refer to EU
Procurement Directives. 
A provision has been
added  which states that
all references to EU
Procurement Law, EU
Directives and OJEU
shall be taken as
referring to the relevant
provisions within the
Public Contracts
(Scotland) Regulations
2015’ which relate to
international
procurement
requirements or those
aspects of domestic law
which replaced EU
Directives.
Q3 Removal of reference to
a £50k threshold
requiring a contract
strategy
Addition of ‘medium to high complex’ strategy requiring a
contract strategy
To reflect current
practice as agreed as
part of saving options
agreed by Council when
setting the 2023/24
budget
Q9 (1-3) 
Similar
removal
of £50k
threshold
The service shall be
responsible for all
contracts below £50,000
and will conduct such
procurement in
The Procurement Manager shall be responsible for
determining whether a procurement is low / medium /
high complexity, having regard to the observations of the
service Chief Officer, the Chief Officer: Resources and
the Chief Officer: Regulatory and Regeneration.   
To reflect current
practice as agreed as
part of saving options
agreed by Council when
setting the 2023/24
budget

Page 8

at Q15,
Q17
accordance with
Procurement Guidance
for Below £50,000,
issued by the
Procurement Manager.
Procurement Guidance -
under £50,000 
Where there is a suitable framework agreement, the
service shall be responsible for all low complexity
procurements and all sub- £2,000,000 works
procurements via a direct award in accordance with the
guidance document, “Service Led Low Complexity
Procurement” issued by the Procurement Manager and
the service shall adhere to the Financial Regulations,
Regulation Q23 - Contracts utilising Framework
Agreement and Dynamic Purchasing System Call-offs. 
The Procurement Manager shall be responsible for all
medium and high complexity procurements and where
directly awarding the procurement utilising a framework
agreement is not the most appropriate means of fulfilling
the requirement, the Procurement Manager shall be
responsible for low complexity procurements and works
procurements from £50,000. 
Q19 19 
Similar
changes
at 
Q20 14
Q21 9
Q22 6
Q23 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 posted to the
successful supplier(s). 
The Procurement Manager will ensure that a Contract Award
Notice is published in the Public Contracts Scotland portal
within 30 calendar days of the Contract being awarded or
conclusion of a framework agreement. 
To reflect procurement
regulations that ‘Not
later than 30 days after
the award of a contract
or conclusion of a
framework agreement, a
contracting authority
must send for
publication in
accordance with
regulation 52 (form and
manner of sending
notices for publication at

Page 9

EU level) a contract
award notice on the
results of the
procurement
procedure.” 
Q19 and
Q20
For works contracts
between £500,000 and
£1,999,999.99, the
Procurement Manager
shall alert local
contractors to ensure
they are aware of the
opportunity. 
Narrative removed This step is not required
and has been removed
due to capacity.

Page 10

5. PEOPLE IMPLICATIONS
5.1 None directly from this report 
6. FINANCIAL AND PROCUREMENT IMPLICATIONS
6.1 There are no direct financial or procurement implications arising from this
report however implementing the proposed revisions in this report will provide
greater clarity on roles, responsibilities and procedures relating to
procurement. 
7. RISK ANALYSIS
7.1 The revisions will introduce greater clarity of procurement which will minimise
the risk of breach of procurement regulations and the risk that best value is not
being achieved. 
8. EQUALITIES IMPACT ASSESSMENT (EIA)
8.1 There are no equalities impacts in relation to this report. 
9. CONSULTATION
9.1 The views of relevant Chief Officers have been requested on this report and
feedback incorporated herein. 
10. STRATEGIC ASSESSMENT 
10.1 The proposed revisions to the Financial Regulations will ensure that the
Council operates best practice procurement policies and procedures which will
enable the Council to lever its spend to optimise contribution to the Council’s
strategic priorities.
Laurence Slavin
Chief Officer - Resources
Date:   30 August 2023 
Person to Contact: Laurence Slavin, Chief Officer – Resources                                 
Alan Douglas, Chief Officer – Regulatory and Regeneration 
E-mail: laurence.slavin@west-dunbarton.gov.uk 
Alan.Douglas@west-dunbarton.gov.uk 
Appendix
Appendix 1 Revised Financial Regulations 
Background Papers
Previous reviews of Financial Regulations considered b Council in August 2019,
October 2017, December 2016, October 2013, November 2011, June 2011 and
June 2006.