To provide an update on the number of exemptions (waivers) to Contact Procedure Rules (CPRs) which have been granted for the period 1 April 2025 to 31 March 2026 and provide assurance that exemptions are robustly controlled, appropriately justified, and compliant with governance requirements.

The Committee received a report providing assurance that exemptions to the Contract Procedure Rules were being appropriately managed and that robust controls were in place. The following principal points were noted;

1.     During 2025/26, 17 exemptions were approved compared with 5 in the previous financial year.

2.     Most exemptions related to statutory utilities, works that could only be delivered by a single provider, and cases involving urgency or community and public safety considerations.

3.     There were 2 exemption requests that were not supported, as it was considered that procurement could have been planned earlier in the project timeline. These related to Active Travel measures; however, the service proceeded with the existing designers, with the Director determining that the associated risk was low as the contracts fell below the relevant legislative threshold.

In response to questions, it was noted;

1. The exemption for the removal of waste from the A49 Green Lane site was supported due to the urgency of removing a substantial accumulation of hazardous waste, which posed risks to public safety, the local environment and the nearby River Lugg. It was noted that delaying action could have increased both the environmental impact and the eventual cost of remediation. Information on the preventive and deterrent measures in place to reduce further fly tipping at the green lane site and similar locations would be provided to members. Action 2026/27-13
2. The increase in exemptions during 2025/26 were linked to statutory works, public safety requirements and other one-off circumstances, rather than indicating a broader trend.
3. Exemption requests were monitored on a quarterly basis through the procurement pipeline and contract management processes to ensure procurement opportunities are identified at an early stage and that value for money is achieved.
4. Under the Council’s Constitution, Directors may proceed in certain circumstances, particularly where risks are considered low and contract values fall below procurement thresholds, however, it was emphasised that should the Section 151 officer or the monitoring officer have significant concerns they can push back on the decision escalating through senior officer group if necessary.

The committee noted the report.