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MAIDSTONE BOROUGH COUNCIL
GENERAL PURPOSES GROUP
MINUTES OF THE MEETING HELD ON
6 APRIL 2009
PRESENT: Councillors Mrs Hinder (Chairman), Batt, Blackmore, Butler, Field, Hotson, Paine, Sams and Mrs Wilson
REFERRED MATTER
52. TRANSFER OF HEALTH AND SAFETY AT WORK ENFORCEMENT FUNCTION – THE HOP FARM, BELTRING
The Group considered the Report of the Assistant Director of Environmental Services regarding transfer of health and safety at work enforcement function to Tonbridge and Malling Borough Council in relation to The Hop Farm, Beltring.
The Group were happy to proceed with the transfer having been reassured that the Council was being indemnified by Tonbridge and Malling against any potential claims and that the notice period had been shortened from 6 months to 3 months.
RECOMMENDED: That the Assistant Director of Environmental Services be given delegated authority to enter into a legal agreement with Tonbridge and Malling Borough Council and Tunbridge Wells Borough Council to transfer the health and safety at work enforcement function to Tonbridge and Malling Borough Council, in relation to The Hop Farm, Beltring.
53. REVIEW OF CONTRACT STANDING ORDERS/PURCHASING GUIDE
The Council’s current contract procedure rules have been in place for several years and it has been acknowledged that they are in need of review. There have been a number of initiatives such as Gershon’s ‘Independent Review of Public Sector Efficiency,’ which identified that substantial gains in public sector efficiency could be made through the rationalisation of services etc. The review specifically recognised that increased service efficiency could be achieved through the adoption of best practice and service quality enhanced, through the use of common infrastructure/processes.
The Local Government and Public Involvement in Health Act includes
powers for Councils to create joint waste authorities, enabling councils to
work with neighbouring authorities to create economies of scale in waste
collection and disposal.
The Kent Commitment Statement of Intent from Kent’s Local
Government Leaders envisages a range of positive opportunities for the
Kent Districts and the County to work together on shared services and
that all councils should explore the potential to share services.
Section 135 of the Local Government Act 1972 places an obligation on
Councils To have Contract Standing Orders (CSO’s) in place to govern
their procurement decisions and although the goal is the same, there are
currently 14 differing sets of CSO’s across the County of Kent. The
difference in approach, through either style or content, creates a barrier
to improved shared service delivery through two-tier, bi-lateral or
geographically clustered working.
Most Kent local authorities endorse the view that in the climate of joint
working/collaboration, there is a pressing need to ensure that the
procurement process is efficient, consistent and compliant and, given the
scope for interpreting the procurement rules in different ways, that the
alignment of CSO’s across Kent would improve efficiency and economies
of scale in joint procurement initiatives. This is especially relevant given
the Mid Kent Improvement Partnership line to pursue joint procurement
opportunities.
The ‘alignment of CSO’s’ project was launched by Kent Secretaries (a
group of Kent-based Heads of Legal) and supported financially by the
Kent Improvement and Efficiency Partnership and the drafting of the
documentation undertaken by Messrs Bevan Brittan Solicitors. The
review culminated with the production of a new set of CSO’s and a
Purchasing Guide cross referencing to the CSO’s.
The new CSO’s are a modern, short, focused set of core obligations
which will address the commercial challenges in local government
procurement.
The Purchasing Guide provides practical guidance to assist Officers in
understanding how the CSO’s apply to purchasing decisions and
processes on a day to day basis. It explains some of the more technical
and legal issues as well as exploring some concepts and providing
examples of how these work in practice. Officers will be obliged to take
the Purchasing Guide into account when they are engaged in purchasing
on behalf of the Council. This is in addition to the obligation on them to
follow the CSO’s.
Procurement, Finance, Legal and Audit Officers have been consulted on
The CSO’s and the Purchasing Guide.
The CSO’s and the Purchasing Guide will need to be kept under review as
pursuing the shared services agenda and formalised collaborative
working is presenting the Council with new challenges in how it contracts
with suppliers and influences the markets in which it operates.
There are many differences between the current Contract Procedure
Rules and these new CSO’s. The most significant two relate to a
delegation to whichever Director is appropriate and the change to the
financial limits.
In these new rules the ability to waive the rules is delegated to the
Appropriate Director, though this has been changed to being in
consultation with the appropriate Cabinet Member. In the Council’s
current contract procedure rules, suspension of the rules requires The
approval of the Cabinet Member.
In relation to the changes to the financial limits, these have been
amended to reflect the current EU requirements, which affect contracts
over £139,893. Below that value the financial limits have been increased
and the requirement to obtain five written tenders has been reduced to
three.
The Audit Committee supported the new framework for Contract
Standing Orders/Procedure Rules and the ancillary Purchasing Guide
subject to an adjective being added before the word “quality” in
paragraph 1.1.3 in the Contract Standing Orders. The Committee agreed
and added the word “appropriate”. In addition the committee also agreed
to amend paragraph 13.3.3 by adding the words in italics in the
amended paragraph below:-
“Subject to approval in advance by the appropriate Director who shall
Consult the appropriate Cabinet Member and record that they have
considered the reasons for the waiver and that they are satisfied that the
circumstances justifying the waiver are genuinely exceptional.”
These amendments have been incorporated into the revised documents
Which are attached.
RECOMMENDED:
1. That the attached new framework for Contract Standing Orders and the ancillary Purchasing Guide be adopted
2. That the success of the new Standing Orders be reviewed one year following their adoption.
3. That all Officers involved in the procurement process be briefed on the new rules.
4. That the Financial Procedure Rules be amended as necessary to reflect the changes in the Contract Procedure Rules