This report seeks to a change to Part 4 Section 7 of the Financial Procedure Rules to allow officers to make in year changes to fees and charges and to a use capital programme monies to be moved from a capital scheme to fund increased spend or variations in other existing capital schemes.

The Head of Legal Services (HLS) introduced the report on In Year Changes to Fees and Charges. It was explained that currently the constitution did not assist officers in how to set charges and what consideration needed to be taken in determining what a charge should be. Attention was drawn to (page 245) and paragraphs A to L were highlighted. It was noted a report had been approved at Cabinet on 30 June 2011 detailing those paragraphs and the HSL proposed these paragraphs be added to the constitution.

The HSL explained that Full Council set the budget in February and that should be sufficient however if changes needed to be made in year, permission was sought from the committee for officers to make recommendations for changing fees and charges provided that they consult with the lead member, chief finance officer and group leaders. It was noted that if the change is agreed, those same parties are all notified and the normal constitutional controls would be followed. If members disagreed then they would have the opportunity to call the decision in by virtue of paragraph 4.5.61 of the constitution.

In response to committee questions it was noted:

1.     The HLS explained that inflation rates could have an impact and gave the example of changes to registration and parking fees as an example of where officers may recommend changes.

2.     The HLS confirmed that the process was incumbent on the Director being contented with the consultation undertaken.

3.     The HLS confirmed that Group Leaders had been consulted on the report prior to coming to committee and comments and suggestions made had been incorporated into the recommendations.

The committee discussed the following paragraph and agreed that the wording “(other than an inflationary increase*)” should be removed;

Where a change is proposed by the Director (other than an inflationary increase) then the Chief Finance Officer, relevant Lead Members and Group Leaders must be consulted. The same group will then also be notified of the decision.

Resolved

That

a) The changes in paragraph 9* are approved to enable in-year changes in fees and charges to be made by directors in consultation with Chief Finance Officer and relevant members; and

 b) the Monitoring Officer is authorised to amend the Financial Procedure Rules (Part 4 Section 7) and Financial Guidance (Part 4 Section 7b) of the Constitution to reflect recommendation a.