Committee Report Checklist
Stage 1
Report checklist – responsibility of report owner
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ITEM |
Yes / No |
Date |
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Councillor engagement / input from Chair prior to briefing |
N |
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Commissioner engagement (if report focused on issues of concern to Commissioners such as Finance, Assets etc) |
N |
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Relevant Group Head review |
Y |
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MAT+ review (to have been circulated at least 5 working days before Stage 2) |
N |
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This item is on the Forward Plan for the relevant committee |
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Reviewed by |
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Finance comments |
LH |
22/09/25 |
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Risk comments |
LH |
22/09/25 |
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Legal comments |
LH |
22/09/25 |
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HR comments (if applicable) |
N/A |
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For reports with material financial or legal implications the author should engage with the respective teams at the outset and receive input to their reports prior to asking for MO or s151 comments.
Do not forward to stage 2 unless all the above have been completed.
Stage 2
Report checklist – responsibility of report owner
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ITEM |
Completed by |
Date |
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Monitoring Officer commentary – at least 5 working days before MAT |
L Heron |
22/09/25 |
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S151 Officer commentary – at least 5 working days before MAT |
T.Collier |
30/9/25 |
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Confirm final report cleared by MAT |
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Title |
Review of the Council’s Contract Standing Orders |
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Purpose of the report |
To make a recommendation to Council |
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Report Author |
Linda Heron, Group Head Corporate Governance |
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Ward(s) Affected |
All Wards |
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Exempt |
No |
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Exemption Reason |
N/A |
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Corporate Priority |
This item is not in the current list of Corporate Priorities but still requires Council decision |
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Recommendations
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Committee is asked to: 1. Consider the updated Contract Standing Orders; and 2. Recommend that the Council approve the updated Contract Standing Orders as set out in this report
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Reason for Recommendation |
To ensure that the Constitution supports good governance and is up to date |
1. Executive summary of the report (expand detail in Key Issues section below)
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What is the situation |
Why we want to do something |
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• A matter requiring correction has been identified in the Constitution. This relates to the Contract Standing Orders in Part 4(e) of the Constitution |
• To action the points identified by the internal auditor |
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This is what we want to do about it |
These are the next steps |
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• Recommend the changes as set out in this report to Council for approval |
• Seek Council approval for the proposals. • Once approved, the Constitution will be updated and published on the website |
2. Key issues
2.1 In accordance with the legislation which requires that the Council has clear rules with respect to its procurement activities (the making of the contracts in relation to goods, services and works), the Council’s Contract Standing Orders (CSOs) in Part 4(e) of the Constitution set out how the Council carries out its procurement activities.
2.2 In readiness for the legislative changes introduced by the Procurement Act 2023 which came into force on 24 February 2025, the Council at its meeting on 12 December 2024 agreed amendments to the CSOs.
2.3 Scheduled internal audit of procurement in quarter 2 of this year has identified certain discrepancies within the updated CSOs; a further revision of the CSOs had been undertaken to address the points identified by the internal auditor. All the proposed amendments are contextual and seek to correct the discrepancies between the figures in Table 1 (para 22 of the CSOs) and the remainder of the narrative, update terminology, reflect the expiry of the framework agreement and changes in the team.
2.4 The Committee System Working Group (CSWG) is responsible for considering whether any amendments are required to the Constitution and making recommendations on these to the Standards Committee.
2.5 The proposed changes to the CSOs have been circulated to the Committee System Working Group on 23 September 2025; no objections or other comments have been received to date.
3. Options appraisal and proposal
3.1 Option 1 – to recommend that the Council approve the proposed amendments to the CSOs (recommended).
The updated CSOs ensure that appropriate processes are followed in relation to the Council’s procurement activities and that the Council complies with legal requirements.
3.2 Option 2 – not approve the proposed amendments to the CSOs (not recommended).
The Council could opt not to amend the CSOs to reflect legislative and contextual changes, however this would put the Council in breach of its statutory obligations and as such, this option is not recommended
3.3 Option 3 – to propose alternative amendments to the CSOs (not recommended).
The proposed amendments address the action points arising from the internal audit review. It is likely that the CSOs will require further reviews within the context of the Local Government Reorganisation – any additional points the Committee wishes to raise can be addressed at that point.
4. Risk implications
4.1 Risk of challenge and / or legal action if the CSOs do not align with the requirements of and the terminology in the prevailing legislation.
4.2 Without fully compliant CSOs it is unlikely that best value can be achieved by the Council’s procurement activities.
5. Financial implications
5.1 There are no direct financial implications arising from this report save that the proposed amendments to the CSOs are required to address recommendations from the internal auditor’s report.
6. Legal comments
6.1 Local Authorities are required to have a set of standing orders “with respect to the making of contracts by them or on their behalf.” (Section 135(1) of the Local Government Act 1972).
6.2 By maintaining and updating these orders to reflect the relevant legislative changes, the Council complies with its statutory duties.
Corporate implications
7. S151 Officer comments
7.1 Contract Standing Orders are a key part of the Council’s governance arrangements and play a key role in helping to ensure that value for money is achieved and public funds are applied appropriately. The S151 is supportive of the Contract Standing Orders being updated as proposed.
8. Monitoring Officer comments
8.1 The Monitoring Officer confirms that the relevant legal implications have been taken into account.
9. Procurement comments
9.1 Procurement implications are set out in the body of the report.
10. Equality and Diversity
10.1 There are no implications arising directly from this report.
11. Sustainability/Climate Change Implications
11.1 None arising directly from this report.
12. Other considerations
12.1 None arising directly from this report.
13. Timetable for implementation
13.1 A recommendation from the Standards Committee will be considered by Council at its meeting on 23 October 2025.
13.2 The amendments will take effect upon agreement by Council, and the Constitution will be updated and published as soon as reasonably practicable.
14. Contact
14.1 Linda Heron, Group Head Corporate Governance and Monitoring Officer (l.heron@spelthorne.gov.uk)
Please submit any material questions to the Committee Chair and Officer Contact by two days in advance of the meeting.
Background papers: There are none.
Appendices:
Appendix A – revised Contract Standing Orders