EASTVILLE, MIDVILLE AND NEW LEAKE 

GROUP PARISH COUNCIL

 

Financial Regulations

 

July 2006

 

TABLE OF CONTENTS

 

 

1 General  1

2 Annual Estimates (Budget)  1

3 Budgetary Control  1

4 Accounting and Audit  2

5 Banking Arrangements and Cheques  2

6 Payment of Accounts  3

7 Payment of Salaries  3

8 Loans and Investments  3

9 Income  4

10 Orders for Work, Goods and Services  4

11 Contracts  4

12 Payment  5

13 Assets, Properties and Estates  5

14 Insurance  6

15 Risk Management  6

16 Revision of Financial Regulations  6

  

 

1. GENERAL

1.1 These financial regulations govern the conduct of financial management by the Council and may only be

amended or varied by resolution of the Council.  The council is responsible in law for ensuring that its

financial management is adequate and effective and that the council has a sound system of financial control

which facilitates the effective exercise of the council’s functions, including arrangements for the management

of risk and for the prevention and detection of fraud and corruption.  These financial regulations are designed

to demonstrate how the council meets these responsibilities.

 

1.2 The Responsible Financial Officer (RFO) is a statutory office and shall be appointed by the council.  [The

Clerk has been appointed as RFO for this council and these regulations will apply accordingly].  The RFO,

acting under the policy direction of the Council, shall administer the Council's financial affairs in accordance

with proper practices.  The RFO shall determine on behalf of the council its accounting records, and

accounting control systems.  The RFO shall ensure that the accounting control systems are observed and that

the accounting records of the council are maintained and kept up to date in accordance with proper practices. 

 

1.3 The RFO shall produce financial management information as required by the council.

 

1.4 At least once a year, prior to approving the annual return, the council shall conduct a review of the

effectiveness of its system of internal control, which shall be in accordance with proper practices.

1.5 In these financial regulations, references to the Accounts and Audit Regulations shall mean the Regulations

issued under the provisions of section 27 of the Audit Commission Act 1998 and then in force. 

1.6 In these financial regulations the term ‘proper practice’ or ‘proper practices’ shall refer to guidance issued in

Governance and Accountability in local Councils in England and Wales – a Practitioners’ Guide which is

published jointly by NALC and SLCC and updated from time to time.

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2. ANNUAL ESTIMATES (BUDGET)

2.1 Each Committee (if any) shall formulate and submit proposals to the Council in respect of revenue and capital

including the use of reserves and sources of funding for the following financial year not later than the end of

November each year.

 

2.2 Detailed estimates of all receipts and payments including the use of reserves and all sources of funding for the

year shall be prepared each year by the RFO in the form of a budget to be considered by the council.

 

2.3 The Council shall review the budget not later than the end of January each year and shall fix the Precept to be

levied for the ensuing financial year.  The RFO shall issue the precept to the billing authority and shall supply

each member with a copy of the approved budget.

 

2.4 The annual budgets shall form the basis of financial control for the ensuing year.

 

2.5 The Council shall consider the need for and shall have regard to a three-year forecast of Revenue and Capital

Receipts and Payments, which may be prepared at the same time as the annual Budget.

 

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BUDGETARY CONTROL

3.1 Expenditure on revenue items may be incurred up to the amounts included for that class of expenditure in the

approved budget.

 

3.2 No expenditure may be incurred that will exceed the amount provided in the revenue budget for that class of

expenditure.  During the budget year and with the approval of council having considered fully the implications

for public services, unspent and available amounts may be moved to other budget headings or to an earmarked

reserve as appropriate.

 

3.3 The RFO shall regularly provide the Council with a statement of receipts and payments to date under each

head of the budgets, comparing actual expenditure to the appropriate date against that planned as shown in the

budget. These statements are to be prepared at least at the end of each financial quarter.

 

 

3.4 The Clerk may incur expenditure on behalf of the Council which is necessary to carry out any repair

replacement or other work which is of such extreme urgency that it must be done at once, whether or not there

is any budgetary provision for the expenditure, subject to a limit of £200.  The Clerk shall report the action to

the Council as soon as practicable thereafter.

 

3.5 Unspent provisions in the revenue budget shall not be carried forward to a subsequent year unless placed in an

earmarked reserve by resolution of the council.

 

3.6 No expenditure shall be incurred in relation to any capital project and no contract entered into or tender

accepted involving capital expenditure unless the Council is satisfied that the necessary funds are available, or

the requisite borrowing approval has been obtained.

 

3.7 All capital works shall be administered in accordance with the Council's standing orders and financial

regulations relating to contracts.

 

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4. ACCOUNTING AND AUDIT

4.1 All accounting procedures and financial records of the Council shall be determined by the RFO in accordance

with the Accounts and Audit Regulations.

 

4.2 The RFO shall complete the annual financial statements of the Council, including the council’s annual return,

as soon as practicable after the end of the financial year and shall submit them and report thereon to the

Council.

 

4.3 The RFO shall complete the Accounts of the Council contained in the Annual Return (as supplied by the

Auditor appointed from time to time by the Audit Commission) and shall submit the Annual Return for

approval and authorisation by the Council within the timescales set by the Accounts and Audit Regulations.

 

4.4 The RFO shall ensure that there is adequate and effective system of internal audit of the Council's accounting,

financial and other operations in accordance with proper practices.  Any officer or member of the Council

shall, if the RFO or Internal Auditor requires, make available such documents of the Council which appear to

the RFO or Internal Auditor to be necessary for the purpose of the internal audit and shall supply the RFO or

Internal Auditor with such information and explanation as the RFO or Internal Auditor considers necessary for

that purpose. 

 

4.5 The Internal Auditor shall be appointed by and shall carry out the work required by the council in accordance

with proper practices.  The Internal Auditor, who shall be competent and independent of the operations of the

Council, shall report to Council in writing, or in person, on a regular basis with a minimum of one annual

written report in respect of each financial year.  In order to demonstrate objectivity and independence, the

internal auditor shall be free from any conflicts of interest and have no involvement in the financial decision

making, management or control of the council.

 

4.6 The RFO shall make arrangements for the opportunity for inspection of the accounts, books, and vouchers

and for the display or publication of any notices and statements of account required by Audit Commission Act

1998 and the Accounts and Audit Regulations. 

 

4.7 The RFO shall, as soon as practicable, bring to the attention of all councillors any correspondence or report

from the Internal or External Auditor, unless the correspondence is of a purely administrative matter.

 

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5. BANKING ARRANGEMENTS AND CHEQUES

5.1 The Council's banking arrangements, including the Bank Mandate, shall be made by the RFO and approved by

the Council.  They shall be annually reviewed for efficiency.

 

5.2 A schedule of the payments required, forming part of the Agenda for the Meeting, shall be prepared by the

RFO and, together with the relevant invoices, be presented to Council.  If the schedule is in order it shall be

authorised by a resolution of the Council and shall be initialled by the Chairman of the Meeting. If more

appropriate the detail may be shown in the Minutes of the Meeting.

 

5.3 Cheques drawn on the bank account in accordance with the schedule referred to in paragraph 5.2 or in

accordance with paragraph 6.4, shall be signed by two members of Council, and countersigned by the Clerk.

 

5.4 To indicate agreement of the details shown on the cheque or order for payment with the counterfoil and the

invoice or similar documentation, the signatories shall each also initial the cheque counterfoil.

 

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6 PAYMENT OF ACCOUNTS

6.1 All payments shall be effected by cheque or other order drawn on the Council's bankers.

 

6.2 All invoices for payment shall be examined, verified and certified by the Clerk.  The Clerk shall satisfy herself

that the work, goods or services to which the invoice relates shall have been received, carried out, examined

and approved.

 

6.3 The RFO shall examine invoices in relation to arithmetic accuracy and shall analyse them to the appropriate

expenditure heading.  The Clerk shall take all steps to settle all invoices submitted, and which are in order, at

the next available Council Meeting.

 

6.4 If a payment is necessary to avoid a charge to interest under the Late Payment of Commercial Debts (Interest)

Act 1998, and the due date for payment is before the next scheduled Meeting of Council, where the Clerk and

RFO certify that there is no dispute or other reason to delay payment, the Clerk may (notwithstanding

paragraph 6.3) take all steps necessary to settle such invoices provided that a list of such payments shall be

submitted to the next appropriate meeting of Council.

 

6.5 The Council will not maintain any form of cash float. All cash received must be banked intact.  Any payments

made in cash by the Clerk or RFO (for example for postage or minor stationery items) shall be refunded on a

regular basis, at least quarterly.

 

6.6 If thought appropriate by the council, payment for utility supplies (energy, telephone and water) may be made

by variable Direct Debit provided that the instructions are signed by two members and any payments are

reported to council as made. The approval of the use of a variable Direct Debit shall be renewed by resolution

of the council at least every two years

 

 

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 PAYMENT OF SALARIES

7.1 As an employer, the council shall make arrangements to meet fully the statutory requirements placed on all

employers by PAYE and National Insurance legislation.  The payment of all salaries shall be made in

accordance with payroll records and the rules of PAYE and National Insurance currently operating, and

salaries shall be as agreed by Council.

 

7.2 Payment of salaries and payment of deductions from salary such as may be made for tax, national insurance

and pension contributions, may be made in accordance with the payroll records and on the appropriate dates

stipulated in employment contracts, provided that each payment is reported to and ratified by the next

available Council Meeting.

 

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8 LOANS AND INVESTMENTS

8.1 All loans and investments shall be negotiated in the name of the Council and shall be for a set period in

accordance with Council policy. 

 

8.2 The council shall consider the need for an Investment Policy which, if drawn up, shall be in accordance with

relevant regulations, proper practices and guidance.  Any Policy shall be reviewed at least annually. 

 

8.3 All investments of money under the control of the Council shall be in the name of the Council.

 

8.4 All borrowings shall be effected in the name of the Council, after obtaining any necessary borrowing approval.

Any application for borrowing approval shall be approved by Council as to terms and purpose.  The terms and

conditions of borrowings shall be reviewed at least annually.

 

8.5 All investment certificates and other documents relating thereto shall be retained in the custody of the RFO.

 

 

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9 INCOME

9.1 The collection of all sums due to the Council shall be the responsibility of and under the supervision of the

RFO.

 

9.2 Particulars of all charges to be made for work done, services rendered or goods supplied shall be agreed

annually by the Council, notified to the RFO and the RFO shall be responsible for the collection of all

accounts due to the Council.

 

9.3 The Council will review all fees and charges annually, following a report of the Clerk. 

 

9.4 Any sums found to be irrecoverable and any bad debts shall be reported to the Council and shall be written off

in the year.

 

9.5 All sums received on behalf of the Council shall be banked intact as directed by the RFO. In all cases, all

receipts shall be deposited with the Council's bankers with such frequency as the RFO considers necessary.

 

9.6 The origin of each receipt shall be entered on the paying-in slip.

 

9.7 Personal cheques shall not be cashed out of money held on behalf of the Council.

 

9.8 The RFO shall promptly complete any VAT Return that is required.  Any repayment claim due in accordance

with VAT Act 1994 section 33 shall be made at least annually coinciding with the financial year end.

 

9.9 Where any significant sums of cash are regularly received by the Council, the RFO shall take such steps as

are agreed by the Council to ensure that more than one person is present when the cash is counted in the

first instance, that there is a reconciliation to some form of control such as ticket issues, and that

appropriate care is taken in the security and safety of individuals banking such cash.

 

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10 ORDERS FOR WORK, GOODS AND SERVICES

10.1 An official order or letter shall be issued for all work, goods and services unless a formal contract is to be

prepared or an official order would be inappropriate. Copies of orders shall be retained.

 

10.2 Order books shall be controlled by the RFO.

 

10.3 All members and Officers are responsible for obtaining value for money at all times. An officer issuing an

official order shall ensure as far as reasonable and practicable that the best available terms are obtained in

respect of each transaction, usually by obtaining three or more quotations or estimates from appropriate

suppliers, subject to any de minimis provisions in Regulation 11 (I) below.

 

10.4 The RFO shall verify the lawful nature of any proposed purchase before the issue of any order, and in the

case of new or infrequent purchases or payments, the RFO shall ensure that the statutory authority shall be

reported to the meeting at which the order is approved so that the Minutes can record the power being

used.

 

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11 CONTRACTS

11.1 Procedures as to contracts are laid down as follows:

 

 (a) Every contract shall comply with these financial regulations, and no exceptions shall be made otherwise

than in an emergency provided that these regulations shall not apply to contracts which relate to items (i)

to (vi) below:

 

 (i) for the supply of gas, electricity, water, sewerage and telephone services;

 

(ii) for specialist services such as are provided by solicitors, accountants, surveyors and planning

consultants;

 

(iii) for work to be executed or goods or materials to be supplied which consist of repairs to or parts

for existing machinery or equipment or plant;

 

(iv) for work to be executed or goods or materials to be supplied which constitute an extension of an

existing contract by the Council;

 

(v) for additional audit work of the external Auditor up to an estimated value of £250 (in excess of

this sum the Clerk and RFO shall act after consultation with the Chairman and Vice Chairman of

Council);

 

(vi) for goods or materials proposed to be purchased which are proprietary articles and/or are only

sold at a fixed price.

 

 (b) Where it is intended to enter into a contract exceeding £50,000 in value for the supply of goods or

materials or for the execution of works or specialist services other than such goods, materials, works or

specialist services as are excepted as set out in paragraph (a) the Clerk shall invite tenders from at least

three firms to be taken from the appropriate approved list.

 

 (c) When applications are made to waive financial regulations relating to contracts to enable a price to be

negotiated without competition the reason shall be embodied in a recommendation to the Council.

 

 (d) Such invitation to tender shall state the general nature of the intended contract and the Clerk shall obtain

the necessary technical assistance to prepare a specification in appropriate cases.  The invitation shall in

addition state that tenders must be addressed to the Clerk in the ordinary course of post.  Each tendering

firm shall be supplied with a specifically marked envelope in which the tender is to be sealed and remain

sealed until the prescribed date for opening tenders for that contract.

 

 (e) All sealed tenders shall be opened at the same time on the prescribed date by the Clerk in the presence of

at least one member of Council.

 

 (f) If less than three tenders are received for contracts above £50,000 or if all the tenders are identical the

Council may make such arrangements as it thinks fit for procuring the goods or materials or executing the

works.

 

 (g) Any invitation to tender issued under this regulation shall contain a statement to the effect of Standing

Orders 55, 57 and 58.   

 

 (h) When it is to enter into a contract less than £50,000 in value for the supply of goods or materials or for the

execution of works or specialist services other than such goods, materials, works or specialist services as

are excepted as set out in paragraph (a) the RFO shall obtain 3 quotations (priced descriptions of the

proposed supply); where the value is below £1,000 and above £100 the RFO shall strive to obtain 3

estimates. Otherwise, Regulation 10 (3) above shall apply.

 

 (i) The Council shall not be obliged to accept the lowest or any tender, quote or estimate.

 

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12. PAYMENTS UNDER CONTRACTS FOR BUILDING OR OTHER CONSTRUCTION WORKS

12.1 Payments on account of the contract sum shall be made within the time specified in the contract by the RFO

upon authorised certificates of the architect or other consultants engaged to supervise the contract (subject to

any percentage withholding as may be agreed in the particular contract).

 

12.2 Where contracts provide for payment by instalments the RFO shall maintain a record of all such payments. In

any case where it is estimated that the total cost of work carried out under a contract, excluding agreed

variations, will exceed the contract sum of 5% or more a report shall be submitted to the Council.

 

12.3 Any variation to a contract or addition to or omission from a contract must be approved by the Council and

Clerk to the Contractor in writing, the Council being informed where the final cost is likely to exceed the

financial provision.

 

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13 ASSETS, PROPERTIES AND ESTATES

13.1 The Clerk shall make appropriate arrangements for the custody of all title deeds of properties owned by the

Council.  The RFO shall ensure a record is maintained of all properties owned by the Council, recording the

location, extent, plan, reference, purchase details, nature of the interest, tenancies granted, rents payable and

purpose for which held in accordance with Accounts and Audit Regulations.

 

13.2 No property shall be sold, leased or otherwise disposed of without the authority of the Council, together with

any other consents required by law, save where the estimated value of any one item of tangible movable

property does not exceed £50.

 

13.3 The RFO shall ensure that an appropriate and accurate Register of Assets and Investments is kept up to date. 

The continued existence of tangible assets shown in the Register shall be verified at least annually, possibly in

conjunction with a health and safety inspection of assets.

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14 INSURANCE

14.1 Following the annual risk assessment (per Financial Regulation 16), the RFO shall effect all insurances and

negotiate all claims on the Council's insurers.

 

14.2 The RFO shall keep a record of all insurances effected by the Council and the property and risks covered

thereby and annually review it.

 

14.3 The RFO shall be notified of any loss liability or damage or of any event likely to lead to a claim, and shall

report these to Council at the next available meeting.

 

14.4 All appropriate employees of the Council shall be included in a suitable fidelity guarantee insurance which

shall cover the maximum risk exposure as determined by the Council.

 

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15 RISK MANAGEMENT

15.1 The council is responsible for putting in place arrangements for the management of risk. The Clerk shall

prepare, for approval by the council, risk management policy statements in respect of all activities of the

council.  Risk policy statements and consequential risk management arrangements shall be reviewed by the

council at least annually.

 

15.2 When considering any new activity, the Clerk shall prepare a draft risk assessment including risk management

proposals for consideration and adoption by the council. 

 

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16 REVISION OF FINANCIAL REGULATIONS

 

16.1 It shall be the duty of the Council to review the Financial Regulations of the Council from time to time.  The

Clerk shall make arrangements to monitor changes in legislation or proper practices and shall advise the

council of any requirement for a consequential amendment to these financial regulations.

 

 

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Notes:

The appropriate approved list referred to in paragraph 11.1 (b) shall be a list drawn up by the Clerk and approved by Council

but shall be based on the list maintained by the District Council for such works.  

 

 

These Financial Regulations were adopted by the Council at its Meeting held on Monday 10 December 2004 and reviewed

at a meeting held on 3 July 2006. 

 

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