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Item 9 Appendix 1

West Dunbartonshire Council · 30 August 2023
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WEST DUNBARTONSHIRE COUNCIL
WEST DUNBARTONSHIRE
COUNCIL FINANCIAL
REGULATIONS
(Updated August 2023)
AAPPENDIX 1

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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

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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 Resources
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

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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,WAGESANDPENSIONS
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

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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- CONTRACTSFORSUPPLIES, 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 Domestic Procurement Law and EU Procurement
Directives
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
Q22 Competitive Procedure with Negotiation, the Competitive Dialogue
Procedure and Innovation Partnerships
Q23 Contracts Utlising a Framework Agreement and or Dynamic Purchasing
System
Q24 E-procurement
Q25 Electronic Reverse Auctions
Q26 Advanced Payments
Q27 Contract Variation

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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

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WEST DUNBARTONSHIRE COUNCIL – FINANCIAL REGULATIONS 
A. FINANCIAL ADMINISTRATION
A1 Responsibility of the Council
The Council is responsible for monitoring its finances. 
A2 Best Value
In securing best value, the local authority shall maintain an appropriate balance
among: 
• the quality of the performance of its functions;
• the cost to the authority of that performance;
• the cost to persons of any service provided by it to them on a
wholly or partly rechargeable basis.
In maintaining that balance, the local authority shall have regard to:
• efficiency;
• effectiveness;
• economy;
• the need to meet the equal opportunity requirements. 
The Council shall discharge its duties under this section in a way which
contributes to the achievement of sustainable development. 
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, being the
continuous improvement in the performance of the authority’s functions. 
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. 
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

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responsible for the security, custody and control of all Council resources
including buildings, plant, materials, cash and stores relating to their
service areas. 
A7 Chief Officers to Consult Section 95 Officer
Each Chief Officer and HSCP Heads of Service, with respect to any matter
within their scope which is liable to affect materially the finances of the
Council, shall consult with the Chief Officer Resources before any
provisional or other commitment is incurred or before reporting thereon to
the Council or to a committee. 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. Such guidance
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 purpose of
describing their role in relation to these Regulations. 
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: 
• prepare a revised Long-term Finance Strategy for the Council
each financial year as part of the Estimates process
• prepare annual estimates on revenue and capital accounts relating to
all service areas and services of the Council. 
For this purpose the Chief Officers shall furnish the Chief Officer
Resources each year, at dates to be determined by him/her, with all
necessary information regarding the requirements of their service
areas/services. 
B3 Determination Process
After preparation, the estimates shall be collated and considered within
the guidelines as agreed by the Council. After consideration, the
estimates and any recommendations thereon will be submitted to the
Council, together with a

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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 shall consider the estimates, revise them if appropriate, and approve
them as so revised. 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. The Council will determine
the level of Council Tax and Council Housing rent levels. 
B5 Long Term Capital Programme
A capital programme shall be prepared annually by the Chief Officer
Resources, in conjunction with Chief Officers, for submission to the Strategic
Asset Management Group and thereafter consideration by the Corporate
Management Team. The programme will then be submitted to the full Council
for approval. Thereafter the Council shall review the capital programme and
approve a revised programme, as appropriate. 
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 will require to have been obtained
prior to any expenditure. 
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. 
B7 Urgent Updates to Capital Programmes
Should any unforeseen issue arise such as would materially alter the
assumptions underlying a capital programme or the likely spend under any
heading, where approval is required prior to the next appropriate Committee
or Council, then the relevant Chief Officer, after consultation with and the
agreement of, the Chief Executive, Chief Officer Resources and the relevant
Convener, will amend the programme accordingly. Any such amendment
will be reported to the next appropriate meeting of the Council and relevant
Committee as part of the usual Budgetary Control Reporting regime. 
C. CONTROL OF EXPENDITURE 
C1 Need for Budgetary Provision
No expenditure shall be incurred unless included in the annual estimates
or covered by a supplementary estimate approved by the Council after the
submission of a report thereon. 
C2 Virement
Revenue 
Virement is the process of transferring budget between subjective headings (types of
expenditure), services, service areas or between capital projects. Virement may be
exercised as outlined below:

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• 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.
• 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 with the agreement of all
Chief Officers concerned; the approval of the Chief Officer - Resources
and the relevant Committees or Council.
• All virements are deemed to be permanent, i.e. carried forward into
future years, unless specifically highlighted as being ‘one- off’ at the
time of submitting the virement request.
• 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 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. 
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. 
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 amount of approved expenditure within any service
area may be significantly exceeded or the amount of approved income may fall
significantly short of that estimated, it shall be the duty of the Chief Officer
concerned, after consultation with the Chief Executive and the Chief Officer
Resources, to inform the Council of the estimated amount of the deviation, the
reasons for the deviation and the options for addressing it. 
C5 Report on Capital and Revenue Schemes
No capital work outwith the 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) shall be commenced
unless it has been the subject of a report to the relevant service Committee or
Council by the relevant Chief Officer.

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C6 Loan Consents
Subject to C5 above, no capital expenditure will be incurred unless the
appropriate Chief Officer has ensured it is contained within the capital
programme and is covered by appropriate resources. 
C7 Responsibility for Budgetary Control
(i) Chief Officer - Resources:
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. The Chief Officer - Resources shall
submit to the Council and Service Committees, on a regular basis, a
statement comparing expenditure and income with the approved
budget.
(ii) Chief Officers:
It is the responsibility of each Chief Officer to ensure that the items
in the annual estimates are not overspent and that the service
area’s expenditure conforms to the requirements of the financial
regulations. Each Chief Officer shall submit to the relevant Service
Committee on a regular basis, a statement comparing expenditure
and income with their service area budget. 
Where it is forecast that the total income or expenditure for a Service or
a capital project is likely to vary significantly from the approved financial
allocation, the relevant Chief Officer, after consultation with the Chief
Officer - Resources, will inform the Council or relevant Service
Committee and take any 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
The rate of charge for Supplies, Works or Services supplied by the Council
shall not be altered without the approval of the Council (or appropriate service
Committee where appropriate), unless an alteration is required arising from a
change in legislation. 
D2 Accounting Arrangements 
It shall be the duty of the Chief Officer - Resources to make adequate financial
and accounting arrangements to ensure the proper recording of all monies due
to the Council, the proper collection, custody, control and disposal of all cash in
all service areas of the Council. 
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
possible the details of charges requiring to be invoiced to service users shall
be promptly notified to the Chief Officer - Resources in a form approved by
him. All accounts for income to the Council shall be issued by or under
arrangements approved by the Chief Officer – Resources.

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D4 Write-Offs
Individual sums due to the Council and exceeding £5,000 (excluding VAT)
shall not be written-off except after consideration by the appropriate service
Committee or Council. Sums up to £5,000 which are due, may be written off on
the authority of the Chief Officer - Resources if satisfied that they 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 it was an overpayment. 
D6 Treatment of Money Collected
All staff 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 all forms shall be deposited with the Council’s bankers in
accordance with arrangements made with the Chief Officer - Resources. No
deduction may be made from such funds other than where the Chief Officer -
Resources has specifically authorised. 
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 shall not be cashed out of the money held on behalf of the
Council. Council purchase cards shall not be used for personal purposes. 
D9 Transfers of Money
All transfers of official money from one member of staff to another will be
evidenced in the records of the service areas concerned by the signature of the
receiving officer. 
D10 Grant Funds 
The Chief Officer - Resources will be advised of all relevant information
necessary for him to comply with the terms and conditions for all grants due to
the Council. 
E. STORES, INVENTORIES AND COSTINGS 
E1 Costing Systems and Stores Control
Arrangements made by Chief Officers for costing systems and stocks and
stores control shall be subject to the approval of the Chief Officer - Resources
and shall, at least annually, be subject to review by the relevant Chief
Officers. 
E2 Custody of Stores and Stocktaking
The care and custody of stores and equipment in any service area shall be the
responsibility of the Chief Officer of that service area who will ensure that
stocktaking is carried out at regular intervals as agreed with the Chief Officer
- Resources.

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E3 Write-Offs or Surpluses of Stores
No entries will be made, in the records, to write-off stores deficiencies or to
bring surpluses into charge 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.
Subject to prior consultation with the Chief Officer - Resources, all useable
surplus plant, equipment, furnishings, materials, etc., to be disposed of by any
service area of the Council, and which cannot be utilised by any other service
area, shall be advertised for sale, or if no sale is possible shall be offered to
Community Groups, subject to ensuring the items are fit for purpose.
E5 Inventories
All service areas will maintain inventories of furniture, fittings, equipment
(including IT equipment), plant and machinery. The form of the inventories will
be determined by the Chief Officer - Resources. 
E6 Stock Levels
Stocks and stores held shall not be in excess of normal requirements except in
special circumstances with the approval of the committee concerned. 
F. BANKING, CONTROL OF CHEQUES, BORROWING, INVESTMENT AND
TRUST FUNDS 
F1 Arrangements with Bankers
All arrangements with the Council’s Bankers concerning the Council’s bank
accounts shall be made by the Chief Officer – Resources. 
F2 Payments into Bank 
All funds received shall be paid into the Council’s bank account daily or at such
other intervals as may be arranged by the Chief Officer - Resources. 
F3 Cheque Control
All cheques shall be ordered and controlled on behalf of the Council by the
Chief Officer - Resources and shall bear the facsimile signature of the Chief
Officer - Resources, or be signed by him or other officer authorised by him to
do so. 
F4 Code of Practice on Treasury Management
This Council adopts CIPFA’s “Code of Practice for Treasury Management in
the Public Services”. 
F5 Treasury Policy Statement
A Treasury Policy Statement setting out its strategy and procedures will be
adopted by the Council as and when required. 
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.

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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 Treasury Policy Statement. 
F8 Investments
All investments of funds under its control shall be made in the name of the
Council or in the names of nominees approved by the Council and follow the
Council’s Investment Strategy, as approved by Council annually. 
F9 Borrowing
All borrowing shall be made in the name of the Council. 
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 deed otherwise
provides. 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 outside Registrar is appointed by the
Council. The Chief Officer - Resources shall maintain records of all borrowing of
funds by the Council. 
F12 Control of Charitable Funds 
The Chief Officer - Resources shall ensure the proper and safe custody and
control of all charitable funds held by the Council and that all expenditure is in
accordance with the conditions of the trust deed, etc. 
F13 Reports by Chief Officer - Resources
1. The Chief Officer – Resources will report and request approval from
Council for the Treasury Management Strategy for the forthcoming year,
prior to the start of that year. 
2. 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 Report on Treasury
Management for presentation by 30 September of the succeeding financial
year. 
G. ORDERING OF SUPPLIES, WORKS & SERVICES; AND PAYMENT OF
ACCOUNTS 
The Council’s Purchase to Pay Framework should be read in conjunction with these
Financial Regulations and complied with, when a contract for works, supplies and
services is being sought. 
G1 Official Requisitions and Orders
All Supplies, Works and Services supplied or executed for the Council shall be

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ordered or confirmed by means of an official requisition or order. The form of
official requisitions and orders must be through a system as approved by the
Chief Officer - Resources. Such requisitions or orders will be authorised only
by officers authorised by the appropriate Chief Officer. Such authorised
persons shall be reviewed on a regular basis by the relevant Chief Officer.
G2 Exemption from Official Requisition or Order
An official requisition or order will not be required for supplies of public utility
services, periodical payments (such as professional subscriptions), petty cash
purchases or point of sale Corporate Purchase Card transactions such as
travel expenses, sustenance, event 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 conform to any directions of the Council with
respect to central purchasing and the standardisation of supplies, works and
services. 
G4 Check on Supplies, Works and Services undertaken
It shall be the duty of each Chief Officer to ensure that all Supplies, Works and
Services received or undertaken are as requisitioned or ordered in respect of
value, quantity and quality. 
G5  Certification by Chief Officer
1. Each Chief Officer shall arrange to certify that all payment vouchers comply
with the following: 
• the Supplies, Works or Services to which the account relates have been
received, carried out, examined and approved and are in accordance
with the order
• the prices, extensions, calculations, trade discounts, other allowances,
credits and tax are correct
• the expenditure has been properly incurred and the provision of standing
orders as to limits of expenditure authority have been observed
• appropriate entries have been made in inventories, stores records or
stock books as required
• the appropriate expenditure code numbers are entered on the document
for payment. 
2. Those officers who authorise payment vouchers should be familiar with the
general VAT rules of the Council as defined within the VAT Guidance. 
3. Having so certified the voucher, the Chief Officer or other authorised officer
shall pass it to the Chief Officer - Resources for payment. 
G6 Separation of Duties
Each Chief Officer shall ensure that an appropriate separation of duties exists
between officers authorising requisitions and orders and certifying payment of
invoices. Certifying payment of invoices will be undertaken by either: an
authorised officer via a manual or electronic process; or via electronic invoice
matching to the purchase order within a system as approved by the Chief

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Officer – Resources. 
G7  Authorised Signatories 
The Chief Officer - Resources will compile a list of authorised signatories for
this purpose in each service area and specimen signatures will be required
from the persons concerned. 
G8 Duplicate Invoices, etc.
Payment will not be made on duplicate or photocopy invoices unless the Chief
Officer (or other officer delegated authority to do so by the Chief Officer)
certifies 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 amendments made to payment vouchers shall be made in ink and initialed
by the officers making them stating briefly the reasons where this is not self-
evident. 
G11 Electronic Procurement
The above requirements apply equally to orders and payments made through
approved electronic systems including through purchasing cards. Each Chief
Officer shall ensure that all staff using approved electronic systems operate in
accordance with the relevant authorisation levels and thresholds embedded
within the systems. 
G12 Employee Code of Conduct
All employees must comply with the Code of Conduct, in particular, all policy,
processes and procedures produced by the Procurement Manager when
purchasing Supplies, Works and Services. Officers should be aware of the
associated Guidance on Offers of Gifts, Hospitality and Declaring Interests. 
H. ACCOUNTING 
H1 Accounting Procedures and Records
All accounting procedures and records of the Council and its officers shall be
determined by the Chief Officer - Resources. All accounts and accounting
records of the Council shall be compiled by the Chief Officer - Resources, or
under his direction. 
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

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any of these transactions. 
H3 Year End Accounting Returns
Chief Officers shall annually, at dates to be specified by the Chief Officer -
Resources, submit to him: 
• 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. 
H4 Year-End Final Accounts 
Chief Officers shall have a duty to provide requested information and comply
with deadlines defined by the Chief Officer - Resources for the completion of
the year-end final accounts and its audit. 
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 control
environment by evaluating its effectiveness in achieving the organisation's
objectives. 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
1. The Chief Officer - Resources or his authorised representatives shall
have authority to: 
• enter at all reasonable times any Council premises or land
• have access to all records, documents and correspondence relating to
financial and other transactions of the Council
• require and receive such explanations as are necessary concerning any
matter under examination
• require any employee of the Council to produce cash, stores, or any
other Council property under his/her control. 
2. All requests for information, files, etc. made by Internal Audit to officers or
Members shall be supplied within the timescales provided 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.

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I3 Contract Audit
The Audit Manager or his 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 (i.e. misappropriation or embezzlement of
monies, materials etc. placed in employee’s charge) then the Council’s
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. 
1. All Chief Officers will 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
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 of records for any fraudulent purposes
• misuse of the Council’s ICT infrastructure including information.
2. Anonymous allegations and all categories identified within the Council’s
Policy in r e l a t i o n to the Public Interest Disclosure Act 1998 are covered
by these Regulations. 
J. CASH IMPRESTS AND PURCHASE CARDS 
J1 Provision of Imprest
The Chief Officer - Resources shall 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 expenses. 
J2 Bank Accounts for Imprest Holders
The Chief Officer - Resources shall open bank accounts 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 will not be
opened or amended by any officer other than the Chief Officer - Resources, or
his nominated deputes. 
J3 Exclusion of Income Collected
No income received on behalf of the Council may be paid into an imprest
account but must be banked or paid to the authority as provided in these
regulations. Any bank interest earned on, or charges to, an imprest accounts

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will 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 shall be limited to minor items of expenditure and to such other items
as the Chief Officer - Resources may approve. 
J5 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. 
J6 Statement of Account – Imprest
An officer responsible for an imprest account shall, if so 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 shall be supported by a receipted voucher (with appropriate VAT
information as required) to the extent that the Chief Officer - Resources may
require. 
J7 Accounting for Purchase Card Expenditure
Relevant officers are required to review and approve all expenditure on the
online purchase card system, in line with the published timetable. Payments
shall be supported by a receipted voucher (with appropriate VAT information as
required) to the extent that the Chief Officer - Resources may require. 
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, an officer shall make account to the Chief
Officer - Resources for the amount advanced to him/her.
Purchase Cards: on leaving the employment of the Council or otherwise
ceasing to be entitled to hold a Purchase card relevant officers shall surrender
their purchase card to their line manager, who will advise Chief Officer –
Resources of the change. 
J9 Insurance Cover
The Chief Officer - Resources will ensure that insurance cover is obtained for all
cash imprest and purchase card accounts and for the officers responsible for
these. 
K. CLAIMS FOR EXPENSES AND ALLOWANCES 
K1 Arrangements for Claims
The Chief Officer - People and Technology in consultation with the Chief
Officer - Regulatory shall be responsible for making arrangements for the
administration and regulation of claims for expenses and allowances to
Members and 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 shall be submitted via the Council’s HR

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and Payroll system (or directly via payroll where access to the former is
unavailable) to a suitably nominated officer (usually line manager) at regular
intervals for approval. Such payments will not be made out of 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 3 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 all salaries, wages, pensions, compensation and other
emoluments to all employees or former employees of the Council shall be
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 shall be 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 will be notified as soon as
possible, in an agreed form, of all matters affecting payment of such
emoluments and 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 necessary to maintain records of service for superannuation,
income tax and national insurance. 
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 shall be in a form prescribed or

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approved by the Chief Officer People and Technology. Approval of pay
documents is 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
1. All grants (other than Common Good and Community Chest), contributions
and subscriptions shall be managed through processes approved by the
Chief Officer - Resources, under delegated powers, and in consultation with
the relevant Committees.
2. For the Common Good Fund, Council will set the budget and in doing so
the majority of the grants to be paid. Any remaining 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 specified by Council where alternative arrangements may be
agreed. 
3. 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 shall be accompanied, where
appropriate by the accounts and other relevant information of the organisation,
and the Chief Officer - Resources may be asked to report
thereon. 
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 made to the provisions of section Q of
these Financial Regulations, not-withstanding the source and 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 exemptions
agreed and update the Scottish Government in the format and timescale to be
advised by the Fair Work Policy team. 
N. CAPITAL,REVENUE AND RENEWALFUNDS 
N1 Policy for Administration
The Council shall determine the policy on the administration of these funds. 
N2 Council Consideration
The Council, at the consideration of the budget, shall take into account the
allocation of resources, and the policy on such funds. 
O. SECURITY

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O1 Responsibility for Security
Each Chief Officer is responsible for maintaining proper security at all times
for all buildings, stocks, stores, furniture, equipment, cash etc., under his/her
control. He/she shall consult the Chief Officer – Resources in any case where
security is thought to be defective or where it is considered that special
security arrangements may be needed. Regular review of such security
arrangements shall be carried out by the Chief Officers. Responsibility 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 shall be agreed with the Chief Officer -
Resources and shall not be exceeded without his/her express permission. 
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
proper security and privacy as regards information held in the Council’s
computer installations or for their use. Each Chief Officer is responsible for
information held in their respective service areas. 
O5 Pre-printed and Pre- signed Cheques, etc.
The Chief Officer - Resources shall be responsible for ensuring that secure
arrangements exist for pre- printed/pre-signed cheques, stock certificates,
bonds and deeds etc. 
P. INSURANCE 
P1  Chief Officer – Resources Responsible for Insurance
Subject to the general supervision of the Council, the Chief Officer -
Resources will effect and maintain adequate insurance cover for all of the
Council’s activities. He will also negotiate insurance claims, in consultation
with Chief Officers, where necessary. 
P2 Notification of Risks
Chief Officers will give prompt notification to the Chief Officer - Resources of all
new and increased risks, properties, or vehicles or of any deletions affecting
their service area or services. 
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 lead to a claim.

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P4 Fidelity Guarantee Insurance
All appropriate employees of the Council will be covered by fidelity guarantee
insurance. 
P5 Review of Insurance Cover
The Chief Officer Resources will periodically review all insurances in
consultation with the Chief Officers as appropriate 
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. All procurement law,
whether domestic (Scottish and UK) or International, are collectively
referred to as “Procurement Law”. 
Q1 Application of these Procurement Financial Regulations
All contracts let by or on behalf of the Council, regardless of whether any such
contracts are otherwise exempt from the application of these Procurement
Financial Regulations, shall be subject to an obligation to seek best value for the
Council and to be able to demonstrate fairness, non-discrimination, equal
treatment and transparency in the contract procedure chosen to all parties having
an interest in that procedure. 
1. 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. 
2. 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. 
3. 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 Contract 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
1. 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,

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Contracts and Tendering respectively. No provision in these 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.
2. In the event of any conflict between these 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 Financial Regulations simply on
the basis of that permissive provision of the Standing Orders does not
specify any qualification or condition on its application. Where these
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; and
• 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 
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
sums 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 by or through the supplier on an ongoing basis for
the duration of the contract. Where the period of required support is
indefinite, for 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; and 
f. Disposal of any supplies at the end of the supplies’ life span.

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g. The value of any works concession or service concession to the
Council. The value of a works concession or service concession
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, the Procurement Manager must be consulted 
3. In every schedule of rates contract, following discussion with the
Procurement Manager, the Chief Officer of the procuring service shall fix
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 shall 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 Financial Regulations, Standing Orders,
Domestic Law or the EU Procurement Directives. 
Q6 Contracts Governed by these Financial Regulations
1. In these 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 contracts 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; 
c. performs the functions of or delivers services to another public
body in accordance with The Local Authorities (Goods & Services)
Act 1970;

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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. 
5. Notwithstanding that an arrangement may not be classed as a contract
for the purposes of these 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
EU Law. 
Q8 Application of and Departure from the Requirements of these Financial
Regulations 
1. These Financial Regulations will apply to all contracts for works, supplies
and services except in the following circumstances: 
a. Where a proviso within the Standing Orders, or the Officers
Scheme of Delegation expressly permits or requires the Chief
Executive, Chief Officer to act in a manner which 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

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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
relevant legislative thresholds not being breached; , i)  where
such funding 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 these Financial
Regulations may be departed from, but only to the extent
necessary for the funding arrangement to be complied with. In
such circumstances, any relevant requirements of Procurement
Law shall be complied with subject to a report for noting being
submitted to the next available meeting of Council, the
appropriate Service Committee or Tendering Committee.   
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 Procurement Law (the
rules and procedures of such consortium or framework
agreement, or dynamic purchasing system; will, where in conflict
with these 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. 
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 or higher than the appropriate
threshold in Standing Order 36(4). 
Q9 Procurement Responsibility for Contracts
1. 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.   
2. 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”

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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. 
3. 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. 
Q10 Contract Strategy and Contract & Supplier Management 
1. For Procurement Manager led procurements where the need is
identified through the contract strategy, the Procurement Manager may
require that the relevant Chief Officer will ensure that the following
provisions will be adhered to: 
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 initial works, supplies and / or services; 
e. Developing, reviewing and finalising an options appraisal and / or
business case that shall include cost, time, resources and quality
analysis;
f. Defining a clear, concise and unambiguous specification / scope; 
g. Consistently monitoring the specification / scope to ensure it
remains controlled throughout the contract; 
h. Controlling the relationship between the Council and the
successful supplier; 
i. Ensuring that the Contract & Supplier Management Policy is
adhered to. 
Q11 Minimum Contract Provisions
Except in circumstances where the Procurement Manager and Chief Officer
Regulatory and Regeneration agree otherwise, every contract shall be: 
1. in the name of West Dunbartonshire Council; 
2. in probative writing; 
3. subject to the Laws of Scotland; and

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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. For service led procurements, the service shall prepare procurement
documents utilising the templates issued by the Procurement Manager 
2. For Procurement Manager led procurements, with the exception of the
specification or scope of the contract requirements, the procurement
documents shall be prepared by the Procurement Manager in
consultation with the Chief Officer of the procuring service(s) and in
relation to the terms and conditions of the contract, the Chief Officer
Regulatory and Regeneration. 
3. With the exception of contracts utilising framework agreements or
dynamic purchasing systems and emergency placements, the Scottish 
Single Procurement Document (SPD) shall be used in all procedures. 
4. For service led procurements, the service; and for Procurement
Manager led procurement, the Procurement Manager; after consultation
with the Chief Officer Regulatory and Regeneration, may make use of
procurement documents prepared by the Crown Commercial Services,
Scotland Excel or the Scottish Procurement and Commercial Services
area or any other public sector body, amended as appropriate, where
permitted by those bodies to do so. It is the service’s and Procurement
Manager’s responsibility to ensure that the procurement documents are
suitable for the contract. 
5. For repeat requirements and contracts which are agreed in advance to
fall within particular categories, for service led procurements, the
service; and for Procurement Manager led procurements, the
Procurement Manager; may dispense with consultation with the Chief
Officer Regulatory and Regeneration, subject to their consulting in the
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
and 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 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 staff. 
Q14 Lists
1. The Council will not operate a list for the pre-selection of suppliers to
tender.

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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 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 preclude any bidder from
submitting more up to date information. 
Q15 Compliance with Domestic Procurement Law and EU Procurement
Directives
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 SPD, can be immediately accessed. 
Q16 Choice of Procurement Procedure
For procurements to which the Public Contracts (Scotland) Regulations 2015
apply the Procurement Manager will, following consultation with the Chief
Officer with responsibility for the proposed contract, agree the appropriate
procedure to be followed, which may include use of an existing framework
agreement or dynamic purchasing system. Such procedure will be identified
as part of the agreed contract strategy. The Procurement Manager shall
ensure that the contract is advertised, tendered, evaluated and awarded in
compliance with Procurement Law or the rules of the existing framework
agreement or dynamic purchasing system. 
Q17 Advertising and Publicity for Contracts
The Council is under a duty to ensure that in relation to each contract it
intends to award, a degree of advertising is undertaken which is sufficient to
enable open competition and to meet the requirements of the principles of
equal treatment, non- discrimination, transparency and proportionality. 
Contracts to which the Public Contracts (Scotland) Regulations 2015 apply
must comply with the provisions relating to advertising of contracts in these
Directives. For all other supplies and services contracts with an aggregated
valued of £50,000 and above; and works contracts with an aggregated valued
£2Million and above, the following procedures shall apply: 
1. The Council doesn’t require to advertise those contracts for social and
other specific services falling below the Domestic Procurement 
Threshold or where an existing framework agreement call-off; or
dynamic purchasing system call-off is to be used; 
2. In general contracts above such thresholds will be advertised on the
Public Contracts Scotland portal. In addition the Procurement
Manager may authorise the advertisement of the contract in any
other way such as in trade journals or newspapers;

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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 will have
full authority to place Contracts up to the Threshold of the Light Touch
Regime following consultation, provided budgetary provision exists
with no further report to Council or Committee being required. For
Procurement Manager led procurements, the 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 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
Personal Data and privacy of the individual or individuals in receipt of
the services.
4. For service led procurements, the service will ensure that a notice of
Contract Award has been published in the PCS – Quick Quote portal in
accordance with the Service Led Low Complexity Procurement
guidance 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
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 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 EU Thresholds ,

Page 32

no less than those timescales prescribed by the EU Procurement
Directives; 
2. The SPD in terms agreed between the Procurement Manager and the
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. 
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

Page 33

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, The
Procurement Manager will submit a report to the next appropriate
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
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 EU Thresholdsin the  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 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 contract being concluded 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

Page 34

these 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
working days from the date the notice is published and where the spend
is likely to exceed the EU Thresholds, no less than those timescales
prescribed by the EU Procurement Directives.
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.

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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.
9. If not previously delegated by a service committee or Council, where
the expenditure is valued at or higher than the Thresholds is stated in
Standing Order 36.4, the Procurement Manager will submit a report to
the appropriate committee for approval to award the contract. 
10. Subject to authority to award the contract from the appropriate
committee, or 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 Public Contracts (Scotland)
Regulations 2015 Thresholds –, 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
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 contract being concluded with  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: 
1. Where the Public Contracts (Scotland) Regulations 2015 apply to a

Page 36

proposed contract, the Negotiated Procedure may only be used in strict
compliance with the requirements of such Procurement Law for the use
of theNegotiated Procedure either with or without the publication of a
Contract Notice.

Page 37

2. Where the value or any other aspect of the proposed contract excludes
application of the 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 Public Contracts
(Scotland) Regulations 2015 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
Financial Regulations, there has been no successful conclusion to
the Tender exercise; 
g. where, were the contract otherwise subject to the Public Contracts
(Scotland) Regulations 2015, such Regulations  would have
permitted Negotiated Procedure; and 
h. where following consideration of all the factors applying to the
contract, the Procurement Manager, in consultation with the Chief
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

Page 38

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, and if
not below the relevant threshold in Standing Order 36(4) the
Procurement Manager will submit a report to Council, the appropriate
service committee or 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 Public Contracts (Scotland)
Regulations 2015  Thresholds 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
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
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 contract being concluded with the successful supplier.

Page 39

Q22 Competitive Procedure with Negotiation, the Competitive Dialogue
Procedure and Innovation Partnerships 
1. 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 Public Contracts (Scotland)
Regulations 2015 Threshold contract, the principles for such
procedures as set out in Procurement Law shall be followed insofar as
reasonable and practicable. 
3. If not previously delegated by a Service Committee or Council, the
Procurement Manager will submit a report to the Council, the appropriate
service committee or Tendering Committee for approval to award the
contract. 
4. Where the contract value exceeds the Public Contracts (Scotland)
Regulations 2015 Thresholds, 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
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 contract being concluded with the successful supplier.

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Q23 Contracts Utilising Framework Agreement and Dynamic Purchasing
System Call-offs   
Subject to the Below the EU 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, the service Chief Officer; and for Procurement
Manager led procurements, the Procurement Manager; may approve a
contract being awarded under a framework agreement without being required
to seek further competition amongst the suppliers on the framework
agreement. 
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; 
b. The invitations shall specify the closing date and time for
submission of responses under the mini competition procedure.
The time limit fixed for the return of responses shall take into
account factors such as the complexity of the subject matter of the
contract 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;

Page 41

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 valued at or higher than the Thresholds is stated in Standing
Order 36.4, the Service for service led procurements; and for Procurement
Manager led procurements, will submit a report to Council, the appropriate
service committee or Tendering Committee for approval to award the contract. 
4. For all procurements where the expenditure is valued at or higher than the
Thresholds is stated in Standing Order 36, subject to authority to award the
contract from the Tendering Committee, service committee or Council where
appropriate, having been obtained, the Service for service led procurements;
and for Procurement Manager led procurements 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 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. Where the contract value exceeds the Domestic Procurement Thresholds, the
Service for service led procurements; and for Procurement Manager led
procurements, may implement a voluntary standstill period, including issue of
the voluntary standstill letter to the preferred bidder. 
6. Following conclusion of any outstanding matters with the direct award bidder
or most economically advantageous mini competition bidder, 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. 
7. The Procurement Manager will ensure that all lawful, appropriate and
necessary feedback is delivered to unsuccessful mini competition bidders. 
8. For service led procurements, the service must notify the direct award supplier
via the PCS – Quick Quote portal in accordance with Service Led Low
Complexity Procurement guidance 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 contract being concluded with the
successful supplier. 
Q24 E-procurement
E-procurement shall generally be used for contracts let by the Council

Page 42

including direct awards and mini competitions where permitted unless there
are valid and substantial reasons for not doing so. 
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 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 Public Contracts
(Scotland) Regulations 2015, in the Contract Notice published in
the Official Journal of the European Union via 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. 
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.

Page 43

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 Procurement Law principles which protect 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 Public
Contracts (Scotland) Regulations 2015 and it becomes apparent to the
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 Public Contracts
(Scotland) Regulations 2015 and the increase in the value of the
contract is such that the Public Contracts (Scotland) Regulations 2015
Thresholds are 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 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
Public Contracts (Scotland) Regulations 2015 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 theProcurement 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

Page 44

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 or approval to award a contract for works, supplies, or services
valued at higher than the relevant procurement Threshold in Standing Order
36(4) 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. 
A. COMPLIANCE OF MEMBERS AND OFFICERS 
R1 Members’ Code
All Members shall 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 shall observe and comply with the Council’s Code of Conduct
for Employees.

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R3 Scheme of Delegation
Officers shall 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 will comply with the undernoted regulations in
conjunction with these financial regulations: 
• Council Standing Orders including Contract Standing Orders;
• Council Treasury Policy Statement; and
• Member / Officer Protocol. 
R. OBSERVANCE OF FINANCIAL REGULATIONS 
S1 Responsibility of Chief Officers
It shall be the duty of each Chief Officer to ensure that these Regulations are
made known to the appropriate persons within their service area and to
ensure that they are adhered to. 
S2 Breach of Regulations
Any breach or non-compliance with these Regulations must, on discovery, be
reported immediately to the Chief Officer - Resources who will discuss the
matter with the Chief Executive and / or such other Chief Officer as may be
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. 
S. REVIEW OF FINANCIAL REGULATIONS 
T1 Review of the Financial Regulations
The Chief Officer – Resources shall review the Financial Regulations as
circumstances demand, and submit proposals for alterations to Council for
approval.