Purpose

This is a decision to make changes, to correct
minor errors and resolve inconsistencies, to the Constitution.

Content

Heloise MacAndrew,
Director of Law and Governance took a decision to:
 
1. 
For accuracy, to amend section 9.51 of the Scheme of
Delegation to Officers as follows:
 
m) Director of Strategic and
Integrated Commissioning
 
Strategic and integrated
commissioning and contracts for Adult Services.
 
[…]
 
o) Director of Improvement and
Principal Social Worker
 
Quality and improvement,
safeguarding adults, and business development.
 
2. 
For clarification, to amend section 9.52, paragraph
18 of the Scheme of Delegation to Officers as follows:
 
18. To institute and terminate
any legal proceedings in relation to any criminal
offence.
 
3. 
For clarification, to amend section 5.2 and 5.3 of
the Procurement Rules as follows:
 
5.2 Where contractual spend
would not involve a Key Decision, the relevant delegated officer
must approve the commencement of a Tender Process in accordance
with the Scheme of Delegation to Officers. It is the responsibility
of the delegated officer to record the decision on the Council's
central decision recording system, where required by the Scheme of
Delegation to Officers.
 
5.3 The delegated officer must
approve the award of a Contract on the satisfactory completion of
the Tender Process prior to entering into a Contract or notifying
any person or organisation of the Council's intention to award a
contract. The same delegated officer shall ensure the relevant
Cabinet Member is informed and the decision is recorded using the
Council's central decision recording system, where required by the
Scheme of Delegation to Officers.
 
4. 
For accuracy, to amend section 8.4 of the
Procurement Rules as follows:
 
8.4 The Council's standard
terms and conditions must be utilised for all contracts with a
value below £30,000, unless the contract concerns an ICT
requirement.  Where the contract concerns an ICT requirement
on supplier terms and conditions, advice must be sought from Legal
Services.  Where the contract value is £30,000 or more,
advice must be sought from Legal Services as to the form of
contract to be entered into.
 
5. 
For accuracy, to amend section 10.7 of the
Procurement Rules as follows:
 
10.7 For Contracts awarded
pursuant to the Procurement Act 2023, after 24 February 2025, that
have a value greater than £5,000,000, a redacted copy of the
awarded contract must be published within the timescales identified
in the Procurement Legislation. Further, it shall be a requirement
for those Contracts to contain a minimum of 3 key performance
indicators, unless it could be reasonably determined that the
supplier's performance under the contract could not be
appropriately assessed by reference to key performance
indicators.
 
6. 
For accuracy, to amend section 13.4 of the
Procurement Rules as follows:
 
13.4 Identifying a compliant
route for the activity is considered the priority. In the rare
occasions that a compliant route cannot be identified the Director
must inform the Head of Audit and the Monitoring Officer. The
Director must draft a report on the non-compliance, and the steps
taken to minimise risk and prevent reoccurrence. The Cabinet
Members responsible for both Procurement and the relevant service
area must be consulted on this report.