government that result in the body ceasing to be a charity’ that they are not being materially subsidised from public funding? it has established appropriate arrangements for each subsidiary and/or associate and/or joint venture to enable it to discharge its accountability responsibilities? The corporation only make payments to employees on the termination of their employment for the purpose of meeting contractual obligations. The corporation shall demonstrate that payments in respect of termination are regular and secure value for money and avoid spending Funds on settlements where disciplinary action would have been more appropriate. Where the corporation has considered entering into an agreement to settle any employment claims brought by a senior postholder, has it: taken appropriate professional advice? approved the of any final agreement? brought all settlements to the attention of the independent auditor? The corporation should be able to demonstrate matters through advice received, minutes of consideration and notification to independent auditor. The corporation shall properly manage and develop its property with regard to good practice guidance in the further education sector and ensure that it maintains premises which are properly equipped in order to deliver the education and training for which it is funded by the FE Funding Bodies. Has the corporation agreed a property strategy? Where the corporation has considered such disposals, has the funding body been notified? Notification to funding body Use of funds Compliance with any specific terms and conditions of revenue grants/income/donations (from whatever source) including where the college acts in the capacity as agent. Compliance with any specific terms and conditions of capital grants/income/donations (from whatever source) Has the corporation approved policies and procedures operating during the year for each funding stream that has specific terms attached? Do the policies and procedures comply with the and conditions for the application of such funds? Has the college completed and returned any related funding claims/returns and reconciled Minutes demonstrating corporation consideration and approvals. College policies and procedures College funding claims/returns and reconciliations
this to specific eligible costs/activities incurred/delivered? Has the college complied with the funding requirements around managing subcontracting provision? College actions taken Propriety – follow Nolan principles and the specific corporate governance codes adopted by the corporation (the Financial Reporting Council’s UK Corporate Governance Code 2010 or the English Colleges’ Foundation Code of Governance and its Audit and Accountability Annex code) avoiding personal benefit Area Source ref. Questions College response Supporting evidence (suggested in brackets) Clear protocols to mitigate against corruption (in addition to register of interests) for example policies on acceptance of gifts and/or hospitality Bribery Act 2010 Proceeds of Crime Act 2002 Basic charitable principle: Act in good faith for the benefit of the college ‘The Essential Trustee’ Does the college have a policy for personal gifts and/or hospitality? Does the college have a register of personal interests which extends to staff in relevant position of trust (for example, procurement officer, partnership contract managers and so on)? Is the procurement process clearly documented in college financial regulations or financial procedures? Gifts and hospitality policy Register of interests Minutes Financial regulations and procedures Conflicts of interest and related parties. Clear framework and monitoring of such transactions must extend to all staff in significant procurement positions (for example, liaison with partners, partner / associate operatives and project heads) PAC guidance Does the clerk maintain a register of personal interests in accordance with the instrument of government, and is this register available to any person wishing to inspect it? Does it cover all governors and key staff with significant financial and decision making responsibility? Register of interests and access arrangements/requests Staff structure with names of key staff in a position of authority Summary of potential conflicts and actions taken to mitigate Clear whistleblowing procedures Has the corporation approved a procedure for handling whistleblowing that enables concerns to be raised confidentially inside, and, if necessary, outside, the college? Whistleblowing policy.