framework v2.final.doc 28/03/2014 CORPORATE GOVERNANCE FRAMEWORK

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1 framework v2.final.doc 28/03/2014 CORPORATE GOVERNANCE FRAMEWORK

2 framework v2.final.doc 28/03/2014

3 CONTENTS Page Statement of Corporate Governance... 2 Joint Code of Corporate Governance... 4 Scheme of Corporate Governance

4 Statement of Corporate Governance For the Police and Crime Commissioner and Chief Constable of Merseyside Introduction The purpose of this statement is to give clarity to the way the two corporations sole, Police and Crime Commissioner (the Commissioner) and Chief Constable, will govern both jointly and separately, to do business in the right way, for the right reason at the right time. Context The principle statutory framework within which the corporations sole will operate is defined by:- Police Reform and Social Responsibility Act 2011 Policing Protocol Order 2011 Financial Management Code of Practice Strategic Policing Requirement This framework creates a public sector relationship, based upon the commissioner provider arrangement but with unique elements such as the single elected commissioner and operational independence of the police service. In addition as required by the Accounts and Audit (England) Regulations 2011 the Commissioner and Chief Constable are required to produce separate annual governance statements to show how their respective organisations have complied with this joint code of corporate governance. Principles The core principles to be adopted by both corporations sole are:- Focus on outcomes for local people. Clarity of roles and functions. Promotion of values and demonstrating these through behaviour. Informed transparent decisions & managing risk. Developing capacity and capability. Engaging with local people to ensure robust accountability. These principles were set out in the CIPFA/SOLACE framework Delivering Good Governance in Local Government

5 Framework / Instruments of governance The corporate governance framework within which both corporations sole will govern, both jointly and separately will consist of:- Statement of Corporate Governance is to give clarity to the way the two corporations sole, will govern both jointly and separately, to do business in the right way, for the right reason at the right time. Code of Corporate Governance sets out how the core principles will be implemented, and describes the strategies, arrangements, instruments and controls to ensure good governance in the two corporations sole. Scheme of Corporate Governance defines the parameters within which the corporations soles will conduct their business. Separate policy and procedures for each corporation sole, with protocols where they operate jointly. Statement of Corporate Governance Code of Corporate Governance Scheme of Corporate Governance Scheme of Consent Scheme of Delegation Financial Regulations Contract Standing Orders Office of PCC policies strategies & procedures Leadership and Review Joint arrangements Examples: Shared Internal Audit Service Independent Audit Committee Complaints handling protocol Force policies, strategies & procedures A corporate governance group will review the framework on an annual basis and oversee its implementation. Membership will consist of the Chief Executive, Head of Legal Services, Head of Corporate Support and Development Department, Head of Organisational Support and the two Chief Finance Officers. 3

6 Joint Code of Corporate Governance for the Police and Crime Commissioner and Chief Constable for Merseyside 1. Introduction 1.1. Governance is about how organisations ensure that they are doing the right things, in the right way, for the right people, in a timely, inclusive, open and accountable manner. It comprises the system, processes, culture and values by which organisations are directed and controlled, and through which they account to, engage with and lead their communities This Code of Corporate Governance describes how the Police and Crime Commissioner (the Commissioner) and the Chief Constable of Merseyside discharge their responsibilities in this respect, reflecting their commitment to the statutory requirements. It should be read alongside the Scheme of Corporate Governance that defines the parameters for decision-making, including schemes of consents, delegations, financial regulations and standing orders relating to contracts The CIPFA/SOLACE framework Delivering Good Governance in Local Government 2007 sets out six core principles on which effective governance should be built. These are: Focusing on the purpose of the organisation and on outcomes for the community and creating and implementing a vision for the local area. Leaders, officers and partners working together to achieve a common purpose with clearly defined functions and roles. Promoting values for the Commissioner and demonstrating the values of good governance through upholding high standards of conduct and behaviour. Taking informed and transparent decisions which are subject to effective scrutiny and managing risk. Developing the capacity and capability of all to be effective. Engaging with local people and other stakeholders to ensure robust public accountability To achieve this a joint Code of Corporate Governance has been developed which sets out the Commissioner and Chief Constable shared approach to integrating the principles into the conduct of the business. Each corporation sole has a separate Code of Corporate Governance that details how they will implement the principles in a local context This Code applies to all personnel, contractors and/or agents providing a direct service to the Commissioner. 2. Statutory Governance Structure 2.1. The Police Reform and Social Responsibility Act 2011 (the Act) and the Policing Protocol Order 2011 (the Protocol) established not only the role of the Police and Crime Commissioner but also a statutory structure that contributes towards good governance. 4

7 2.2. The Commissioner is ultimately accountable to the electorate in the Merseyside Police area The Commissioner has a statutory responsibility to hold the Chief Constable of Merseyside Police to account for the exercise of their functions and those of persons under their direction and control The Police and Crime Panel provide support and scrutiny to the Commissioner in fulfilling their role. The Panel does not scrutinise the Chief Constable, this is the role of the Commissioner. The panel is made up of 10 elected representatives (councillors plus Liverpool s elected mayor) from the local authorities within the Merseyside Police Force area plus two independent co-opted members The Code of Corporate Governance builds on this structure, including other requirements of the Act, Protocol, other legislation and local arrangements. 3. Arrangements For Review Of Governance 3.1. A formal review of both the Code of Corporate Governance and the Scheme of Corporate Governance will be undertaken annually to ensure that they reflect any changes in legislation and current best practice The Commissioner and Chief Constable are committed to a joint local Code of Corporate Governance and reviewing its effectiveness The Commissioner and Chief Constable will both produce Annual Governance Statements (AGS) that will be published on their websites alongside the annual Statement of Accounts. The AGSs will include an Action Plan to rectify any significant areas of weakness in internal control and/or corporate governance The review will be ongoing throughout the year with the results being brought together annually to produce the AGSs. Significant elements of the review process are set out in the paragraphs below. Corporate Governance Group 3.5. A corporate governance group will review the corporate governance framework on an annual basis and oversee its implementation. Membership will consist of the Chief Executive, Head of Legal Services, Head of Strategic Development Department, Head of Corporate governance and the two Chief Finance Officers. The Joint Independent Audit Committee 3.6. This statutory committee s terms of reference include the following key requirements in respect of corporate governance: To maintain an overview of the organisations constitutions in respect of contract procedure rules, financial regulations and codes of conduct and behaviour; To review any issue referred to it by the Commissioner, Chief Executive, Chief Finance Officers and Chief Constable; To monitor the effective development and operation of risk management and corporate governance in the Office of the Commissioner and the Force; To oversee the production of the Commissioner s and Chief Constable s Annual Governance Statement and to recommend their adoption; 5

8 To consider the Commissioner s and Chief Constable s arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice; and To consider the Commissioner s and Chief Constable s compliance with their own and other published standards and controls. Shared Internal Audit Service 3.7. Internal Audit is a shared service providing assurances to both the Commissioner and the Chief Constable. Its purpose is to understand the key risks of both the Commissioner s Office and the Merseyside Force and evaluate the adequacy and effectiveness of the system of risk management and internal control, as operated by the Commissioner and the Chief Constable. In line with Public Sector Internal Auditing Standard 2100 Internal Audit s work covers:- Improving governance arrangements (PSIAS 2110). Determining the effectiveness of risk management processes (PSIAS 2120). Assisting in maintaining and improving effective controls (PSIAS 2130) Internal Audit reports regularly on the results of its work to the PCCCFO, the Chief CCCFO and the relevant Force Portfolio Holders. The results are also reported to the Joint Audit Committee. The Head of Internal Audit is also responsible for:- Providing regular assessments of the adequacy and effectiveness of the Commissioner s and Chief Constable s governance processes, systems of risk management and internal controls based on the work off Internal Audit. Reporting significant control issues and potential for improving risk management, governance and internal control processes. Providing periodically, information on the status and results of the annual audit plan, the sufficiency of Internal Audit resources and the implementation by management of Internal Audit findings. Providing periodically, an overview of Internal Audit s performance feedback from clients within the Chief Constable s and Commissioner s Office. Delivering an annual opinion to inform the Commissioner s and Chief Constable s governance statements covering the overall adequacy and effectiveness of the respective frameworks of governance, risk management and control. External Audit 3.9. The external auditor will audit the financial statements of the Commissioner, the Chief Constable and the Group accounts and will also review the Annual Governance Statements. External audit plans and reports, including the Annual Audit Letter, are considered by the Independent Joint Audit Committee at appropriate times in the annual cycle of meetings. 6

9 Her Majesty s Inspectorate of Constabulary (HMIC) The role of HMIC is to promote the economy, efficiency and effectiveness of policing in England, Wales and Northern Ireland through inspection of police organisations and functions to ensure agreed standards are achieved and maintained; good practice is spread and performance is improved. It also provides advice and support to the tripartite partners (Home Secretary, Commissioner and Forces) HMIC reports are sent to the Chief Constable and the Commissioner for consideration and appropriate action. HMIC, working alongside external audit, will play a key role in informing the Commissioner and the public on the efficiency and effectiveness of their Forces and, in so doing, will facilitate the accountability of the Commissioner to the public. 7

10 4. THE CODE OF CORPORATE GOVERNANCE A joint Code of Corporate Governance has been developed which sets out the Commissioner s and Chief Constable s shared approach to integrating the principles of good governance into the conduct of the business. Each corporation sole has a separate Code of Corporate Governance that details how they will implement the principles in a local context. At year-end the Commissioner and Chief Constable will produce separate Annual Governance Statements to show their respective compliance with this Code (see Section 3). The way in which each of the core principles of good governance is put into practice is set out below Focusing upon the purpose of the Commissioner and Chief Constable and on outcomes for local people, and creating a vision for the local area In accordance with the Act the Commissioner, in consultation with the Chief Constable, has issued a Police and Crime Plan for one year beyond their term of office. This outlines the police and crime objectives (outcomes) and the strategic direction for policing. Effective communication of the Police and Crime Plan is being achieved, for example through the Commissioner s website, media coverage and the use of relevant information leaflets Both the Commissioner and Chief Constable must have regard to the plan and the Commissioner must have regard to Strategic Policing Requirement set by the Home Secretary and the priorities of the responsible authorities during its development The Commissioner funds work delivered by organisations other than the Chief Constable. This is currently done through grants, with applications being assessed against set criteria. New commissioning responsibilities are being given to the Commissioners and a clear programme of work is being followed to deliver these new responsibilities, including a commissioning process Collaboration agreements set out those areas of business to be undertaken jointly with other Forces and Local Policing Bodies. Also relevant national, regional and local partnership agreements are to be entered into where they are in accordance with the Commissioner s priorities, the Home Secretary s Strategic Policing Requirement, and the agreed Regional Collaboration Strategy The Commissioner s key strategic decisions, activities and achievements, are publicised on an on-going basis using media coverage, the Commissioner s website and social media. In addition a joint review of the Police and Crime Plan and performance against the identified priorities will be carried out annually and the results published in the Annual Report on the implementation of the Police and Crime Plan. Also both the Commissioner and Chief Constable will publish annual Financial Accounts and Governance Reports The Commissioner and Chief Constable ensure that effective arrangements are in place for the oversight and scrutiny of performance. Quarterly public meetings are held to review the performance of the Force and information is available on the Commissioner s website (in accordance with the Elected Policing Bodies (Specified Information) Order 2011 as amended). 8

11 A complaints protocol has been jointly agreed to provide clarity over the arrangements to respond to the breadth of concerns raised by local people, whether they be allegations of organisational or individual failure/ concerns. The Chief Constable and the OPCC regularly monitor and review service delivery and to ensure that any failures in service delivery are addressed An annual process to plan the use of resources results in the joint development of a Medium Term Financial Strategy and Annual Budget for the Commissioner s approval. The delivery of these plans is reviewed quarterly. Adherence to the Home Office Financial Management Code of Practice for the Police Service and our local Financial Regulations ensure proper arrangements for financial management Working together to achieve a common purpose with clearly defined functions and roles The Act 1 clearly sets out the functions of the Commissioner and Chief Constable and the Protocol 2 sets out how these functions will be undertaken to achieve the outcomes of the Police and Crime Plan. These are reflected in the Scheme of Corporate Governance that sets out the roles of the Commissioner, Chief Constable and Statutory Officers The Commissioner may appoint a deputy who will be a member of their staff as highlighted in the Act 3. The role description approved by the Commissioner will incorporate functions delegated within the scheme of corporate governance The Act requires the Commissioner to have a Chief Executive 4 and Chief Finance Officer. The Chief Executive is the head of paid service and will also undertake the responsibilities of Monitoring Officer 5. The Act requires the Chief Constable to appoint a Chief Finance Officer. The Home Office Financial Management Code of Practice and the CIPFA Statement of Roles 6 sets out the responsibilities of the Chief Finance Officers In setting out respective roles and functions of the OPCC and Force, the Commissioner and Chief Constable publish organisation charts on their respective websites The scheme of corporate governance highlights the parameters for key roles in the corporations sole including consents or delegations from the Commissioner and Chief Constable, financial regulations and contract standing orders Working arrangements have been agreed between the Commissioner and the Chief Constable to ensure frequent and effective communication thorough out their organisations. These include one to one meetings, joint working on community engagement and joint working groups for specific areas of work. 1 PRSR Act 2011, section 5 8, 2 Policing Protocol Order 2011, section 14 3 PRSR Act 2011, section 18 (1) 4 PRSR Act, sch 1, 6 (1) a, 5 Local Government and Housing Act, section 5, 6 Financial Management Code of Practice for the Police, section 4, & CIPFA statement on role of chief finance officers,

12 The Commissioner and Chief Constable monitor service delivery by the oversight and scrutiny of performance (see para 4.1.6). The Commissioner uses effective community engagement to obtain the views of the public, either through community groups or by direct consultation. The Chief Constable regularly monitors and reviews service delivery and to ensure that any failures in service delivery are addressed In preparing the Police and Crime Plan, the Commissioner had regard to the plans and priorities of key community safety and criminal justice partners as required by the Act. More generally, the Commissioner and Chief Constable are committed to inclusive approaches that engage local communities and people, including victims, and stakeholders. They maintain arrangements for effective engagement with key stakeholders, ensuring that where appropriate they remain closely involved in decision-making, accountability and future direction. The Police and Crime Plan clearly sets out what the strategic direction and priorities are to be and how they will be delivered Partnerships terms of reference set out the legal status, decision-making powers and key roles of the partnerships approved by the Commissioner Promoting the values for the Commissioner and demonstrating the values of good governance through upholding high standards of conduct and behaviour The Policing Protocol 2011 requires all parties to abide by the seven Nolan principles 7 and these are central to the conduct and behaviour of all. It also highlights the expectation that the relationship between all parties will be based upon the principles of good will, professionalism, openness and trust The Financial Management Code of Practice requires the Commissioner and Chief Constable to ensure that the good governance principles are embedded within the way the organisations operate The Commissioner and Chief Constable show leadership in terms of the high standards of professional conduct that are required of all personnel. The values of good governance are clearly set out in the Joint Corporate Governance Framework. This Framework also includes a series of policies and arrangements that sets out the standards of conduct and personal behaviour expected of officers and staff, for example in respect of vetting, discipline, dignity at work and grievances, alcohol and substance misuse policy and data protection/computer standards Policies and procedures have been put in place to ensure that the Commissioner, Chief Constable and their personnel are not influenced by prejudice, bias or conflicts of interest in dealing with different stakeholders. These include policies and training on diversity and equality and registers of business interests and gifts and hospitality The policies and procedures that set out the standards expected of personnel are published on the intranet and are available for all personnel. They are covered in training, including induction training. Documents from the Corporate Governance Framework are published on the Commissioner s website. 7 Standards in public life,

13 The Commissioner and Chief Constable have put in place arrangements to ensure that systems and processes are designed in conformity with appropriate ethical standards, and monitor their continuing effectiveness in practice. The Chief Constable s Standards and Values policy clearly defines, communicates and reinforces the expectations regarding behaviour The Chief Constable maintains a standard of policing, particularly in the handling of complaints and misconduct, to maintain and improve the trust and confidence between the police and the public. The Professional Standards Department manage all complaints made by members of the public against Merseyside Police personnel. The Department also deals with conduct issues generated internally. Where necessary, the Department works with the Independent Police Complaints Commission (IPCC) to quality assure investigations and increase public confidence. Any complaints against the Chief Constable are referred to the Commissioner and complaints against the Commissioner are referred to the Police and Crime Panel The Commissioner and Chief Constable use their organisations shared values to act as a guide for decision-making and as a basis for developing positive and trusting relationships within the Office of the Commissioner In pursuing the objective(s) of a partnership, the Commissioner and Chief Constable will seek to agree relevant criteria against which decision-making and actions can be judged. Such values must be demonstrated by partners behaviour both individually and collectively Taking informed and transparent decisions, which are subject to scrutiny and managing risk The Commissioner has effective arrangements to hold the Chief Constable to account for Force performance and compliance with other statutory requirements The Scheme of Corporate Governance highlights the parameters for decision making, including the delegations, consents, financial limits for specific matters and standing orders for contracts The Commissioner and Chief have developed and will maintain transparent and effective mechanisms for documenting evidence for decisions and recording the criteria, rationale and considerations on which decisions are based. Decisions of significant public interest are published on the Commissioner s website A combined forward plan of decisions is prepared, which brings together the business planning cycles for the Police and Crime Plan, the Office of the Commissioner and the Force. This is to ensure proper governance by bringing together the right information at the right time e.g. needs assessments, costs, and budgets The Act requires the Commissioner to have a Chief Executive and Chief Finance Officer. The Chief Executive is the head of paid service and undertakes the responsibilities of Monitoring Officer. The Act requires the Chief Constable to appoint a Chief Finance Officer. These officers, and the Force Solicitor, will provide professional advice as required by the Commissioner and Chief Constable. 11

14 Furthermore a publication scheme ensures that information relating to decisions is made readily available to local people, with those of greater public interest receiving the highest level of transparency, except where operational and legal constraints exist Policies and procedures have been put in place to ensure that the Commissioner, Chief Constable and their personnel are not influenced by prejudice, bias or conflicts of interest in dealing with different stakeholders. These include policies and training on diversity and equality and registers of business interests and gifts and hospitality A joint Independent Audit Committee operates in line with the guidance of the Chartered Institute of Public Finance and Accountancy (CIPFA) and the Financial Management Code of Practice A complaints protocol has been jointly agreed to provide clarity over the arrangements to respond to the breadth of concerns raised by local people, whether they be allegations of organisational or individual failure/ concerns Risk management strategies and policies outline establish how risk management is embedded within the throughout the various elements of corporate governance framework of each of the corporations sole, whether operating solely or jointly. The risk management arrangements will be subject to annual review and will also be reported to the independent Joint Audit Committee The Commissioner and Chief Constable ensure that arrangements are in place for whistle blowing to which personnel and all those contracting with Merseyside Police have access The Commissioner and Chief Constable recognise the limits of lawful action placed on them (e.g. the ultra vires doctrine) and observe both the specific requirements of legislation and the general responsibilities placed on the Commissioner and Chief Constable by public law The Commissioner and Chief Constable observe all specific legislative requirements placed upon them, as well as the requirements of general law, and in particular to integrate the key principles of good administrative law rationality, legality and natural justice into their procedures and decision making processes Developing the capacity and capability of all to be effective in their roles The Commissioner and Chief Constable are provided with, and also provide to their personnel appropriate induction and ongoing training and development programmes tailored to individual needs and opportunities The Commissioner and Chief Constable ensure that the statutory officers have the skills, resources and support necessary to perform effectively in their roles and that these roles are properly understood throughout the organisation Skills are developed on a continuing basis to improve performance including the ability to scrutinise and challenge and to recognise when outside expert advice is needed. 12

15 Annual performance and development reviews of all officers and staff are undertaken to review performance over the previous year and to develop action plans to support further development of individuals The Chief Constable will produce a People Development Plan to support the achievement of the Force s strategic objectives and ensure that training is delivered in accordance with the annual training needs analysis, which is prioritised against organisational need Effective arrangements are designed to encourage individuals from all sections of the community to engage with, contribute to and participate in the work of the Commissioner and Force Career structures are in place for personnel to encourage participation and development Engaging with local people and other stakeholders to ensure robust public accountability The protocol 8 highlights that Commissioner is accountable to local people and that they draw on this mandate to set and shape the strategic objectives for the force area in consultation with the Chief Constable The decisions and actions of the Commissioner, including the Police and Crime Plan, proposed council tax precept and annual report, are subject to review and scrutiny by the Police and Crime Panel An annual review of the Police and Crime Plan and performance against the identified priorities will be carried out and the results published in the annual report on the implementation of the Police and Crime Plan Both the Commissioner and Chief Constable have processes in place to jointly and separately engage with the local community. The Commissioner s Community Engagement Strategy sets out how the Commissioner and the Community Engagement Team develop and maintain a comprehensive programme of community engagement, consultation and partnership meetings and events, to be promoted and published on the Commissioner website and other means, to enable the Commissioner to hear first-hand about the issues and priorities that matter most too local people The Act 9 requires that the Chief Constable must make arrangements for obtaining views of persons within each neighbourhood about crime and disorder. A comprehensive programme of Have Your Say meetings and police surgeries are in place across all neighbourhoods and wards. These are available through the Force s website to encourage participation and increase opportunities for involvement. The Force provides feedback to the community on a regular basis through, for example the publication of monthly ward based newsletters In addition the Commissioner uses the internet, via the Commissioners website and social media, to communicate with the local community and to receive their 8 Policing Protocol Order 2011, section 14 9 PRSRA 2011, Chapter 5, section 34 13

16 views, and to ensure that information covered by the Publication Scheme is available A complaints protocol has been jointly agreed to provide clarity over the arrangements to respond to the breadth of concerns raised by local people, whether they be allegations of organisational or individual failure/ concerns The Chief Constable regularly reviews the allocation and deployment of resources to best meet the demands of the community, taking into account threat/harm/risk and directing resources to those priorities that need services most The Commissioner and Chief Constable will develop and maintain a clear policy on how personnel and their representatives are consulted and involved in decision making. 14

17 Scheme of Corporate Governance For the Police and Crime Commissioner and Chief Constable for Merseyside Contents Part 1 Roles, consents and delegation. 1 Introduction Definitions within this Scheme of Governance Powers Consent Delegation General principles of delegation Financial Regulations, Including Contract Standing Orders Role of the Commissioner Role of the Commissioner s Chief Executive Role of the Commissioner s Chief Finance Officer (PCCCFO) Role of the Chief Constable Role of the Chief Constable s Chief Finance Officer (CCCFO) Role of Other Senior Personnel Role of Head of Legal Services Urgency provisions Appendix 1 Scheme of Consent Appendix 2 Delegations from the Commissioner Appendix 3 Delegations from the Chief Constable Part 2 Financial Regulations and Contract Standing Orders

18 Scheme of Corporate Governance For the Police and Crime Commissioner and Chief Constable for Merseyside 1 Introduction 1.1 The Scheme of Corporate Governance is part of the Corporate Governance Framework and should be read in conjunction with: The Statement of Corporate Governance which gives clarity to the way the two corporations sole (i.e. Police and Crime Commissioner and Chief Constable for Merseyside) will govern both jointly and separately to ensure they are conducting business in the right way, for the right reason at the right time; and The Code of Corporate Governance sets out how the core principles will be implemented, and describes the strategies, arrangements, instruments and controls to ensure good governance in the two corporations sole. 1.2 This Scheme of Corporate Governance:- Sets out the scheme of consent from the Commissioner to the Chief Constable, the delegations from the Commissioner and the Chief Constable to their respective personnel. It incorporates other instruments such as the financial regulations and contract standing orders and policies, strategies and procedures; Aims to clarify those powers which, for the benefit of good business practice, are given to the statutory officers. The Commissioner and Chief Constable may limit these powers and/or remove delegation or consent; Provides a framework which ensures business is carried out lawfully and efficiently, ensuring that decisions are not unnecessarily delayed and are taken at the appropriate level; Does not identify all the statutory duties which are contained in specific laws and regulations; however it provides the framework in which the various duties and powers are exercised; and Nothing in this scheme is intended to fetter the Chief Constable s operational independence. 2 Definitions within this Scheme of Governance 2.1 The Police and Crime Commissioner for Merseyside shall be referred to as the Commissioner. 2.2 The Commissioner s Chief Finance Officer shall be referred to as the PCCCFO. 2.3 The Chief Constable s Chief Finance Officer shall be referred to as the CCCFO and is the Director of Resources. 2.4 The Force shall refer to the Chief Constable, police officers, police civilian staff, Police Community Support and Traffic Officers (PCS&TO), special constabulary, 16

19 3 Powers volunteers and other members of the wider police family under their direction and control. 3.1 Powers are given to the Commissioner and Chief Constable by laws, orders, rules or regulations. Also, national conditions of service give powers to the Commissioner and/or the Chief Constable or, as in the case of police regulations, the Secretary of State for the Home Department. 3.2 Chief Constables can carry out functions in their own right. That is a wide-ranging power: in addition to broad functions of keeping the peace and enforcing the law, the Chief Constable also has the power to do anything which is calculated to facilitate, or is conducive or incidental to, to the exercise of [their] functions (paragraph 7(1), Schedule 2 PRSR Act). 3.3 The persons appointed as the Commissioner s Chief Executive (who will also be the Monitoring Officer) and the PCCCFO (appointed under Schedule 1, paragraph 6(1)(b) of the PRSR Act 2011) have statutory powers and duties relating to their positions and therefore, do not rely on matters being delegated to them to carry out these specific powers and duties. 3.4 To enable the Commissioner to exercise the functions of their office effectively, reasonable access to information and resources held by the Chief Constable will be needed. This access must not be unreasonably withheld or obstructed by the Chief Constable. 4 Consent 4.1 There are certain statutory restrictions on the Chief Constable s power to exercise certain functions in their own right: the Chief Constable may not acquire or dispose of land, and needs the consent of the Commissioner to enter into contracts and to acquire or dispose of property. The consent granted is shown in the Scheme of Consent in Appendix The documents contained within this scheme of Corporate Governance set out the conditions on which the Commissioner has given consent to the Chief Constable to enter into contracts and to acquire or dispose of property (other than land and buildings). For the avoidance of doubt, this is not a delegation from the Commissioner; it is the Commissioner giving consent to the Chief Constable to exercise certain functions in their own right, subject to compliance with this Scheme. 4.3 The Commissioner has overall responsibility for the financial administration of the Office and the Force. Therefore certain major financial decisions will remain with the Commissioner. The Financial Regulations show matters which are not consented to the Chief Constable and remain for the decision of the Commissioner. 5 Delegation 5.1 It is recognised that, unless a power or function must, as a matter of law, be exercised personally; such functions or powers need not be exercised personally but may be exercised by other officers and staff on behalf of the Commissioner or Chief Constable. There are numerous functions and powers which, as a matter of inevitable everyday practice, are in fact, exercised by other officers and members of 17

20 staff. Case law recognises that where the responsibilities of an office created by statute are such that delegation is inevitable, there is an implied power to delegate. In such circumstances, there is a presumption that, where statutory powers and duties are conferred, there is a power to delegate the same unless the statute conferring them expressly or by implication provides to the contrary. 5.2 This Scheme of Corporate Governance aims to clarify those powers which, for the benefit of good business practice, are delegated to personnel. The Commissioner may limit these powers and/or remove delegation. Where this scheme refers to a delegation, it is a reference to a delegation of a function or power by the Commissioner to the Deputy Commissioner or to a member of their own staff. 5.3 Any powers or duties placed on other statutory officers should be exercised lawfully in accordance with the Commissioner s and Chief Constable s respective delegations, contract standing orders and financial regulations, and also relevant policies, procedures, plans, strategies and budgets. The statutory officers are responsible for ensuring that the members of personnel they supervise are aware of and comply with the provisions and obligations of this Scheme of Corporate Governance. 5.4 The Commissioner may not arrange for any constable or any person employed by the Chief Constable to exercise any of the Commissioner s functions (section 18 PRSRA). Under this scheme, there is no formal delegation of any function from the Commissioner to any constable or member of police staff. 5.5 This scheme also deals with the ways in which certain of the Chief Constable s functions will be exercised in such a way as is reasonable to assist the Commissioner to exercise their functions (section 2(5) PRSR Act). For the avoidance of doubt, these are not delegations from the Commissioner. 5.6 The general principles that apply to delegations are set out in Section 6 of this document and the schemes of delegation, which shows how powers and duties will be delegated from the Commissioner and Chief Constable, are attached as Appendices 2 & 3. 6 General principles of delegation 6.1 The Schemes of Delegation provides personnel with the legal authority to carry out appropriate duties of the Commissioner and Chief Constable. In carrying out these duties, personnel must comply with all other statutory and regulatory requirements and relevant professional guidance; including: The Police Reform and Social Responsibility Act 2011 and other relevant legislation issued under this Act (e.g. policing Protocol Order) Financial Regulations Contract Standing Orders Home Office Financial Management Code of Practice CIPFA Statement on the role of the Chief Financial Officer of the Commissioner and the Chief Finance Officer of the Chief Constable The Commissioner and Chief Constable s joint Corporate Governance Framework The Commissioner s and Merseyside Police policies and procedures. 6.2 This Scheme is a record of the formal delegations that are in effect at the time of its publication. With the exception, of those matters listed in paragraph 8.6, any person to whom a power is delegated under this scheme may sub-delegate that power as 18

21 they deem appropriate. The formal responsibility and accountability to the Commissioner or Chief Constable for the effective discharge of such sub-delegated powers remains in law with the person to whom the power was delegated by the Commissioner or Chief Constable. 6.3 The Commissioner and/or Chief Constable may ask that a specific matter be referred to them for a decision and not be dealt with under powers of delegation. 6.4 The scheme does not attempt to list all matters which form part of everyday management responsibilities. 6.5 Giving delegation to personnel under this scheme does not prevent them from referring the matter to the Commissioner and/or Chief Constable for a decision if the officer thinks this is appropriate (for example, because of sensitive community and stakeholder issues or any matter which may have a significant operational or financial implications). 6.6 All decisions officers make under formal powers delegated to them by the Commissioner and/or Chief Constable must be recorded and be available for inspection. 6.7 The Commissioner and Chief Constable may set out their reporting arrangements on actions undertaken by their own personnel in respect of the use of powers delegated to them. 7 Financial Regulations, Including Contract Standing Orders 7.1 Financial regulations explain the working financial relationship between the Commissioner, the Chief Constable and their respective Chief Finance Officers, having regard also to the role played by the Chief Executive. 7.2 Financial Regulations ensure that financial dealings are conducted properly and in a way which incorporates recognised best practice and focuses on bringing operational and financial management together with timely and accurate financial information. They also include sufficient safeguards for both Chief Finance Officers who are responsible for ensuring that the financial affairs of the Commissioner and Chief Constable are properly administered to discharge their statutory obligations. 7.3 Along with the Financial Regulations are the Contract Standing Orders which is a single set of standing orders relating to contracts. These orders explain the procedures to be followed for procurement, tenders and contracts, including tender thresholds and authorisation levels. 8 Role of the Commissioner 8.1 The Police Reform and Social Responsibility Act 2011 (the Act) and the Policing Protocol Order 2011 (the Protocol) are the main sources of powers and duties for the Police and Crime Commissioner. The Commissioner s main functions are to:- Maintain an efficient and effective police Force for the police area; and Hold the Chief Constable to account for the exercise of the functions of the office of Chief Constable and the functions of the persons under the direction and control of the Chief Constable. 19

22 8.2 The Commissioner will receive all funding, including the government grants and the council tax precept and other sources of income relating to policing and crime reduction. All funding to the Chief Constable must come via the Commissioner. How this funding is allocated is a matter for the Commissioner in consultation with the Chief Constable, or in accordance with any grant terms. The Chief Constable will provide professional advice and recommendations. 8.3 The Commissioner s legal powers and duties include the following: To set the strategic direction and objectives of the Chief Constable through the Police and Crime Plan (the Plan), which must have regard to the Strategic Policing Requirement set by the Home Secretary. To scrutinise, support and challenge the overall performance of the Force including against the priorities agreed within the Plan. To decide the budget, allocating assets and funds to the Chief Constable; and set the precept for the Force area. To appoint the Chief Constable. To remove the Chief Constable subject to following the process set out in Part 2 of Schedule 8 to the 2011 Act and regulations made under section 50 of the Police Act To enter into collaboration agreements with other Commissioners, other policing bodies and partners that improve the efficiency or effectiveness of policing for one or more policing bodies or police Forces in consultation with the Chief Constable (where this relates to the functions of the Force, then it must be with the agreement of the Chief Constable). To provide the local link between the police and communities, working to translate the legitimate desires and aspirations of the public into action, this involves obtaining and representing the views of local people, councils and other criminal justice organisations. To publish information specified by the Secretary of State and information that the Commissioner considers necessary to enable the people who live in the Force area to assess the performance of the Commissioner and Chief Constable. To provide the Panel with any information they may reasonably require and to comply with all reasonable formal requests from the Panel to attend their meetings. To prepare and issue an annual report to the Panel on the Commissioner s delivery against the objectives set within the Plan. To monitor all complaints made against officers and staff, whilst having responsibility for complaints against the Chief Constable. To provide advice and assistance to a body outside the UK. To consult on, prepare and publish a community remedy document for Merseyside. 8.4 The Commissioner owns all land, buildings and assets and will sign contracts in accordance with the requirements of financial regulations. In approving the annual Treasury Management Strategy the Commissioner approves the borrowing limits. 8.5 When exercising these duties and functions, the Commissioner must have regard to: The views of the people in Merseyside, including victims of crime; Any report or recommendation made by the Police and Crime Panel in respect of the Police and Crime Plan, the proposed annual precept, and the annual report for the previous financial year; and 20

23 The Police and Crime Plan and any guidance issued by the Secretary of State, including specifically the Strategic Policing Requirement. (Note: this list is a summary and is not exhaustive) 8.6 The Commissioner may arrange for any person (who is not the Deputy Police and Crime Commissioner) to exercise any of these functions, with the exception of those listed below:- Determining the policing and crime objectives in the Police and Crime Plan. Issuing the Police and Crime Plan. Calculation of the budget requirement. Appointing or suspending the Chief Constable, or calling upon the Chief Constable to retire or resign. Attendance at the Police and Crime Panel in compliance with a requirement by the Panel to do so. Attendance at, and presenting the annual report to, the Police and Crime Panel. 8.7 The Commissioner may appoint a deputy to exercise their functions, with the exception of those which cannot be delegated as defined by the Police Reform and Social Responsibility Act 2011, as listed below:- Issuing the Police and Crime Plan. Calculation of the budget requirement. Appointing or suspending the Chief Constable, or calling upon the Chief Constable to retire or resign. 8.8 The Commissioner has wider responsibilities than those relating solely to the Chief Constable, namely;- A specific responsibility for the delivery of community safety and crime reduction. The ability to bring together Community Safety Partnerships at Force level. To ensure collaboration agreements deliver better value for money or enhance the effectiveness of policing. Enhancing the delivery of criminal justice within the Merseyside area. 9 Role of the Commissioner s Chief Executive 9.1 The Code of Corporate Governance identifies the role of the Chief Executive as the head of the Commissioner s staff, and is also the Monitoring Officer for the Commissioner. 9.2 The formal delegations from the Commissioner to the Chief Executive are listed in Appendix 2. Other key responsibilities are set out below;- Governance 9.3 To prepare the Police and Crime Plan, in consultation with the Chief Constable, for submission to the Commissioner, including:- Obtaining the views of the public. Identifying the strategic policing and crime priorities and objectives. Planning how resources will be used. 21

24 How services will be commissioned. Development and implementation of performance monitoring and reporting arrangements. 9.4 To provide information to the Police and Crime Panel, as reasonably required to enable the Panel to carry out its functions. 9.5 To consider whether, in consultation with the PCCCFO, to provide indemnity to the Commissioner (and Deputy PCC) in accordance with appropriate statutory provisions and to deal with or make provision to deal with other matters arising from any proceedings relating to them. 9.6 To consider and approve, in consultation with the PCCCFO, provision of indemnity and/or insurance to individual staff of the Commissioner in accordance with appropriate statutory provisions. Financial 9.7 To manage the budget of the Commissioner s office, in consultation with PCCCFO, particularly to:- Order goods and services and spend on items provided for in the revenue budget; and Ask for and accept quotations and tenders for goods and services provided for in the revenue budget. Human Resources 9.8 To appoint, in consultation with the Commissioner, staff in the Office of the Commissioner (OPCC). 9.9 To make recommendations to the Commissioner with regard to OPCC staff terms and conditions of service, in consultation with the PCCCFO as necessary To appoint Independent Custody Visitors and terminate appointments if necessary To appoint lay members to sit on the panels considering police officer misconduct appeals and staff dismissal appeals. Other Duties 9.12 To consider, with the Commissioner, and advise on any complaint made against the Chief Constable, and where appropriate, to make arrangements for appointing an officer to investigate the complaint To respond to consultations on proposals affecting the Commissioner, if necessary, after first taking the views of the Commissioner, the PCCCFO and/or the Chief Constable, as necessary and appropriate To obtain legal or other expert advice and to appoint legal professionals whenever this is considered to be in the Commissioner s best interests and of benefit to the exercise of their functions. 22

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