099/2014: Stage 2 Core Regulatory Instruments – 28 March 2014

Decision notice re-numbered from 99/2013 to 99/2014 on 7 November 2017 as it had previously been numbered incorrectly on the website.

Executive Summary and recommendation:

This paper is presented to the Police and Crime Commissioner as a summary of changes made to the following Regulatory Instruments as a result of the Stage 2 Transfer process.

The key points for consideration and approval by the Police and Crime Commissioner are :

1. Adoption of Scheme of Delegation and Consent prepared in accordance with direction given by previous meetings of Executive Board / Change Management Board
2. Adoption of Financial Regulations, Contract Regulations, Property Procedure Rules and Chief Finance Officer Protocol
3. Noting the adjournment to a future sitting of the Executive Board of the adoption of
   1. Memorandum of Understanding between Police and Crime Commissioner and Chief Constable.
   2. Monitoring Officer Protocol
   3. PCC Records Management Policy
   4. Priority Changes to Policies & Procedures and Collective Agreement

   for the reasons discussed at the Executive Board on 25 March 2014.

Police and Crime Commissioner decision:

The recommendations are approved

Signature 28 March 2014
Title Police & Crime Commissioner for North Yorkshire

Part 1 – Unrestricted facts and advice to the PCCIntroduction and background

1. The following regulatory instruments are presented as appendices in full text format in the normal way:
   • Scheme of Delegation and Consent
   • Financial Regulations
   • Contract Regulations
   • Property Procedure Rules
   • Chief Finance Officer Protocol
2. Matters for consideration
   1. Regulatory Instruments
      1. Adoption of Scheme of Delegation and Consent prepared in accordance with direction given by previous meetings of Executive Board / Change Management Board
      2. Approval of the Financial Regulations, Contract Regulations and Property Procedure Rules to account for changes in naming conventions and consistency with the Scheme of Delegation and Consent.
      3. Approval of the Chief Finance Officer Protocol. This protocol has been reviewed by both Chief Finance Officers and the Force Solicitor.
   2. Application of Policy and Procedure
      1. Following on from the Stage 2 Transfer, it is necessary to be clear as to how the organisation’s policies and procedures will apply to the respective corporations sole.
      2. The Police and Crime Commissioner is satisfied that the whole body of organisational policy and procedure will apply (with adaptations to fit the context) to the Chief Constable’s corporation sole and its personnel and to the Police & Crime Commissioner corporation sole and its personnel. However, the Commissioner will adopt separate policy provisions in respect of the Office of the Police & Crime Commissioner (‘OPCC’), recognising the legally and ethically separate remit of that Office.
      3. The OPCC will adopt policies and procedures in common with NYP where appropriate and convenient. The policies and procedures applicable to the OPCC will be listed and explained in the Devolved Resource Manual and will be reviewed from time to time.
      4. Bespoke policies, which the OPCC must maintain in its own right – such as the PCC Records Management Policy – will be adopted as soon as practicable.
      5. A schedule of priority policy adaptations (for example, providing for appropriate decision makers in HR policies) are under consideration by Executive Board members and will also be adopted as soon as practicable.
3. Other options considered, if any
   1. Not applicable
4. Contribution to Police and Crime Plan outcomes
   1. Not directly applicable
5. Consultations carried out
   1. The Regulatory Instruments have been finalised by the Chief Finance Officers and the Force Solicitor in accordance with the consultation with Executive Board on 25 March 2014.
6. Financial Implications/Value for money
   1. There are no direct financial implications of this Decision Notice.
7. Legal Implications
   1. Having read this report and having considered such information as has been provided at the time of being asked to express this view, the Acting Deputy Force Solicitor Designate (in the absence of the Acting Force Solicitor Designate and in view of the fact that the Force Solicitor is the author of this paper) is satisfied that this report does not ask the Commissioner to make a decision which would (or would be likely to) give rise to a contravention of the law.
8. Equality Implications
   1. None arise.

Public Access to Information

The Police and Crime Commissioner wishes to be as open and transparent as possible about the decisions he/she takes or are taken in his/her name. All decisions taken by the Commissioner will be subject to the Freedom of Information Act 2000 (FOIA).

As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account and all advice received when reaching the decision. Part 1 of this Notice will detail all information which the Commissioner will disclose into the public domain. The decision and information in Part 1 will be made available on the NYPCC web site within 2 working days of approval.

Only where material is properly classified as restricted under the GPMS or if that material falls within the description at 2(2) of The Elected Local Policing Bodies (Specified Information) Order 2011 will the Commissioner not disclose decisions and/or information provided to enable that decision to be made. In these instances, Part 2 of the Form will be used to detail those matters considered to be restricted. Information in Part 2 will not be published.

Is there a Part 2 to this Notice – No

APPENDICES

Appendix One Scheme of Delegation and Consent 099 Appendix 1 SODC

Appendix Two Financial Regulations 099 Appendix 2 PCC Fin Regs (Final 1 April 2014)

Appendix Three Contract Regulations 099 Appendix 3 PCC Contract Regs (1 April 2014 FINAL)

Appendix Four Property Procedure Rules 099 Appendix 4 PCC Property Procedure rules (1 April 2014 FINAL)