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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26 JUNE 2012 Item 10 REPORT FOR RESOLUTION SUBJECT: DRAFT ANNUAL ACCOUNTS FOR 2011/12 REPORT OF: THE LEAD AUTHORITY ON BEHALF OF THE ADVISORY BOARD PURPOSE OF REPORT To present to the Committee the draft Annual Accounts for the year 2011/12 RECOMMENDATIONS It is recommended that the Joint Committee: [i] Notes the outturn position at 31 March 201 2 at Appendix 1 [ii] Approves the 2011/12 Annual Return (Appendix 2) and note the Annual Internal Audit Report (Appendix 3), Balance Sheet (Appendix 4) [iii] Notes that the External Auditor’s report and final Annual Accounts for 2011/12 will be submitted to the Bus Lane Adjudication Service Joint Committee in September. [iv] Approves the deficit of income over expenditure of £31 ,064 being drawn from the Joint Committee’s General Reserves which at 31 March 2011 was £121,453. [v] Approves the Code of Corporate Governance (see Appendix 5) CONTACT OFFICERS Louise Hutchinson, PATROL Barlow House, Minshull Street, Manchester. Tel: 0161 2425270 Page 1 of 5

Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

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Page 1: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26 JUNE 2012Item 10

REPORT FOR RESOLUTION

SUBJECT: DRAFT ANNUAL ACCOUNTS FOR 2011/12

REPORT OF: THE LEAD AUTHORITY ON BEHALF OF THEADVISORY BOARD

PURPOSE OF REPORT

To present to the Committee the draft Annual Accounts for the year 2011/12

RECOMMENDATIONS

It is recommended that the Joint Committee:

[i] Notes the outturn position at 31 March 201 2 at Appendix 1

[ii] Approves the 2011/12 Annual Return (Appendix 2) and note the AnnualInternal Audit Report (Appendix 3), Balance Sheet (Appendix 4)

[iii] Notes that the External Auditor’s report and final Annual Accounts for2011/12 will be submitted to the Bus Lane Adjudication Service JointCommittee in September.

[iv] Approves the deficit of income over expenditure of £31 ,064 being drawnfrom the Joint Committee’s General Reserves which at 31 March 2011 was£121,453.

[v] Approves the Code of Corporate Governance (see Appendix 5)

CONTACT OFFICERSLouise Hutchinson, PATROL Barlow House, Minshull Street, Manchester.Tel: 0161 2425270

Page 1 of 5

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26 JUNE 2012Item 10

1.0 INTRODUCTION

1.1 The adjudication service is operated on a self-financing basis with incomeobtained from charges made to BLASJC member authorities.

1.2 At the meetings on 301h June 2006, the National Parking AdjudicationService Joint Committee (later replaced by the PATROL Adjudication JointCommittee) and Bus Lane Adjudication Service Joint Committee agreedthat the adjudication service should, as far as possible, be provided in anintegrated manner for both parking and bus lane appeals. Thisarrangement has represented an opportunity for cost sharing and theprovision of an efficient and cost effective service.

1.3 As in previous years, for 2011/12, the administration of the two jointcommittees’ accounts has been kept to a minimum by allocating actualexpenditure based on the number of appeals received from each type ofenforcement.

1.4 Case related expenditure for Bus Lane Appeals has been based on a prorata cost per Bus Lane appeal (see below).

1.5 This report provides details of the 2011/12 draft Annual Accounts forapproval by the Joint Committee.

2.0 REVISED RECHARGE MECHANISM

2.1 The recharge mechanism has been revised for 2010/11 in order to moreaccurately reflect the cost of adjudication services from PATROL to theBLASJC. This mechanism has been subject to internal audit and theirfindings are reported under separate cover.

2.2 The recharge mechanism adopted for 2010/11 has been applied in 2011/12and is based on the following:

The total PATROL expenditure for 2011/12 is divided by the total number ofparking and bus lane appeals during 2011/12. This cost per appeal is thenmultiplied by the number of bus lane appeals to obtain the recharge value.

3.0 OUTTURN POSITION AT 31ST MARCH 2012

Table 1 sets out the draft outturn position for 2011/12.

4.0 ANNUAL RETURN 2011/12 (APPENDIX 2)

4.1 The Account Statement for 2011/12 has been prepared in accordance withthe requirements of the Small Bodies Annual Return. The completion of theSmall Bodies Annual Return removes the requirement for a full set of

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26 JUNE 2012Item 10

accounts however a Balance Sheet is provided for information at Appendix4.

4.2 The service achieved income of £335,010 against a budget of £246,297giving a surplus of £88,71 3 (Table 1).

Table 1: Summary of income to the Bus Lane account 2011/12

Budget Actual Variance(Improvement)

Bus Lane PCN Income -246,297 -347,624 (101,327)Non PCN Income

0 0 0Bus Lane PCN Adjustments 9,098 9,098(financial year) 0Bus Lane PCN Adjustments 4,035 4,035

0Transcription Charges 0 -18 (18)Bank Interest 0 -501 (501)

0 0 0Contribution from ReservesTotal 246,297 335,010 (88,713)

4.3 Expenditure totalled £362,603 against a budget of £242,826. This reflectsthe increased number of appeals and introduction of invoices for servicesfrom the Lead Authority directly to the Bus Lane Adjudication Service JointCommittee.

4.3 The Bus Lane Adjudication Joint Committee has decided that expensesshall be shared between member authorities in proportion to the number ofPCNs issued, by each participating council.

4.4 The General Fund balance at 31st March 2011 was £121,453, and is£93,860 as at 31st March 2012.

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26 JUNE 2012Item 10

5.0 2011/12 ACCOUNTS AND AUDIT PROGRAMME

Stage 2011/12Accounts certified by the Treasurer BLASJC meeting 26th June 2012Accounts submitted to BLASJC for approval BLASJC meeting

26 June 2012Advertisement of Public Notice for Exercise 11ih June 2012 to June 2011of Public Rights for electors to inspect theaccountsPeriod for exercise of right of inspection. June 2012 to July 2012Submission of Annual Return and July 2012Supporting Documents to BDDBDO Report presented to BLASJC 25th September 2012

6.0 RECOMMENDATIONS

It is recommended that the Joint Committee:

[I] Notes the outturn position at 31 March 2012 at Appendix 1

[ii] Approves the 2011/12 Annual Return (Appendix 2) and note the AnnualInternal Audit Report (Appendix 3), Balance Sheet (Appendix 4)

[iii] Notes that the External Auditor’s report and final Annual Accounts for2011/12 will be submitted to the Bus Lane Adjudication Service JointCommittee in September.

[iv] Approves the deficit of income over expenditure of £27,593 being drawnfrom the Joint Committee’s General Reserves which at 31 March 2011 was£121,453.

[v] Approves the Code of Corporate Governance (see Appendix 5).

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE

APPENDIX 1:BUS LANE ADJUDICATION SERVICE DRAFT

26 JUNE 2012Item 10

OUTTURN FOR 2011/12

-246,29700000

-246,297

-347,6244,0359,098

-180

-501-335,010

(101,327)4,0359,098

(18)0

(501)(88,713)

Budget Outturn Variance!Expenditure 2011/12 2011/12 (Improvement)

£ £ £Pro Rata AppealsExpenditure 231,176 344,643 113,467Adjudicators 0 3,375 3,375External Audit 3,150 0 (3,150)Internal Audit 0 1,950 1,950Joint Committee Notices 0 363 363Service Management &Support 1,000 14,451 13,451Supplies & Services 7,500 -615 (8,115)TRO Working Group 0 -1 ,565 (1 565)Contingency 0 0TOTAL EXPENDITURE 242,826 362,603 119,777

Income

Net (Surplus)/Deficit (3,471) 27,593 31,064

Bus Lane IncomeBus Lane Audit AdjustmentBus Lane PCN AdjustmentTranslation ChargesContribution from ReservesBank Interest EarnedTOTAL INCOME

Page 5 of 5

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EVi

The annual return on pages 2 to 5 is made up of four sections:

— Sections 1 and 2 are completed by the person nominated by the body.

— Section 3 is completed by the external audor.

— Section 4 is completed by the bodys internal audi provider.

The body must approve this annual return no later than 30 June 2012.

Completing your electronic annual return (eAR)

Guidance notes, includng a completion checklist, are provided on page 6 and at relevant points inthe annual return. For further information on eAR go to flp://www.auditcommssion.gov.uk/auditregimefsuoDorg.Jidance.fpges/Annuairpturn .asoc

Once downloaded you are able to complete certain sections of this e-annual return. You must thenprint the e-annual return to complete the remainder of the information required before approval bythe body. The sections available for completion electronically are:

- the name of your body in sections 1, 2 and 4 on pages 2. 3 and 5

boxes ito 10 in Section 1 on page 2; and

- the responses in boxes 1 to 8 in Section 2 on page 3,

You cannot save the e-annual return or send it electronically. You may only print it.

Complete all sections highlighted in red. Do not leave any red box blank. Incomplete or incorrectreturns require additional external audit work and may incur additional costs.

Send the annual return, together with your bank reconciliation as at 31 March 2012, an explanationof any significant year on year variances in the accounting statements and any additional informationrequested, to your appointed external auditor by the due date.

Your auditor will identify and ask for any documents needed for audit. Therefore, unless requested donot send any original financial records to the external auditor.

Audited and certilled annual returns will be returned to the body for publication or public display ofsections 1, 2 and 3. You must publish or display the audited annual return by 30 September 2012.

It should not be necessary for you to contact the external auditor or the Audit Commission directly forguidance.

More guidance on completing this annual return may be found in the Practitioners’ Gu des for eitherlocal councils or internal drainage boards. These publications may be downloaded from the NationalAssociation of Local Councils (NALC) or Society of Local Council Clerks (SLCC) websitesCwww.nalc.gov.uk or www.elcc.co.uk) or from the members area of the Association of DrainageAuthorities website (www.adiorg.uk).

Small relevant bodies in England with an annual turnover of £6.5 million or less must completean annual return summarising their activities at the end of each financial year.

Page 1 of 6

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Section 1 — Accounting statements for:

Bus Lane Adjudication Joint Committee JYear ending Notes and guidance

31 Maich 31 March Round kill figures to nearest £1. Do not leave any boxes blank2011 2Q12 and repcrt £0 or Nil balances All figures must agree to

£ underlying financial records.

1 Balances Total balances and reserves at the beginning of the year asbrought forward 65,582 121,453 recorded in the body’s financial records. Value must agree to

Box 7 of prevIous year.

2 (÷) Income from f Total amount of local tax andlor levy received or receivable in thelocal taxation 0 o year including funding from a sponsoring body.and/or levy

3 (+) Total other230 341 335 010

Total income or receipts as recorded in the cashbook less incomereceipts from taxation and/or levy (box 2). Include any grants received here.

4 (-) Staff costs Total expenditure or payments made to and on behalf of all body0 o employees. Include salaries and wages, PAVE and NI (employees

and employers), pension contributions and employment expenses.

5 (-) Loan Total expenditure or payments of capital and interest made duringinterest/capital 0 0 the year on the bodys borrowings (if any).repayments

6 (-) All other74 362 6

Total expenditure or payments as recorded in the cashbook lesspayments 1 ,470 , 03 staff costs (box 4) and loan interest/capita repayments (box 5).

7 (=) Balances I Total balances and reserves at the end of the year.carried forward 121,453 93’8601Must equal (1 +2+3) — (4+5+6)

8 Total cash and 1 The sum of all current and deposit bank accounts, cash holdingsshort term 280,050 192415 and short term Investments held as at 31 March — to agree withinvestments bank reconciliation.

Total fixed assets ‘The recorded book value at 31 March of all fixed assets owned byand long term o o the body and any other long term assets e.g. loans to third partiesassets and arty long-term investments.

10 Total borrongs The outstanding capital balance as at 31 March of all loans from0 0 third parties (including PWLB)

I certify that for the year ended 31 March 2012 I confirm that these accounting statements werethe accounting statements in this annual return approved by the body on:present fairly the financial position of the bodyand its income and expenditure, or properlypresent receipts and payments, as the case may and recorded as minute reference:be.

[ . .

_____

_1Signed by Responsible Financial Officer:

Signed by Chair of meeting approving these/C&c’ L’J accounting statements:

Date [ -,j 1, - j [ -

___

-

Date { I

Page 2 of 6

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Section 2— Annual governance statementWe acknowledge as the members of:

We approved the accounting statements prepared inaccordance with the requirements of the Accounts andAudit Regulations and proper practices.

We maintained an adequate system of internal control,including measures designed to prevent and detect fraud ()and corruption and reviewed its elfectreness

3 We took all reasonable steps to assure ourselves thatthere are no matters of actual or potential noncompliance with laws, regulations and codes of practicethat could have a significant financial effect on the abltyof the body to conduct its business or on its finances.

4 We provided proper opportunity during the year for theexercise of electors rights in accordance with therequirements of the Accounts and Audit Regulations.

5 We assessed the risks facing the body and takenappropriate steps to manage those risks, including theintroduction of internal controls and external insurancecover where required

6 We maintained throughout the year an adequate andeffective system of internal audit of the bodysaccounting records and contro systems.

prepared its accounting statements in theway prescribed by law

made proper arrangements and acceptedresponsibility for safeguarding the publicmoney and resources in its charge

has only done things 1 has the legal power todo and conformed to codes of practice andstandards in the way it has done so

during the year gave all persons interested

() the opportunity to inspect and ask questonsabout the body’s accounts.

considered the financial and other risks it

Q faces and dealt with them properly.

arranged for a competent person.independent of the financial controls andprocedures, to give an objective view onwhether internal controls meet the needs ofthe body

Q D responded to matters brought to its attentionby internal and external audit.

Signed by:

disclosed everything it should have about itsbusiness activity during the year includingevents taking place after the year-end ifrelevant.

Chair[

datedL ..

- *_.1Signed by:

ClerkL

dated [ — ]

[Bus Lane Adjudication Joint Committeeour responsibility for ensuring that there is a sound system of internal control, including thepreparation of the accounting statements. We confirm, to the best of our knowledge and belief, withrespect to the accounting statements for the year ended 31 March 2012, that:

Agreed — ‘Yes’means that the body:

Yes No

ji

2

7 We took appropriate action on a matters raised inreports from internal and external audit.

8 We considered whether any litigation, liabilities orcommitments, events or transactions, occurring eitherdunng or after the year-end, have a flrrandal impact onthe body and where appropriate included them in theaccounting statements.

This annual governance statement is approvedby the body and recorded as minute reference

-

.,-..- Idated r._

*Note: Please provide explanations to the external auditor on a separate sheet for each ‘No’ response.Describe how the body will address the weaknesses identified.

Page 3 of 6

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Section 3 — External auditor’s certificate and opinion

CertificateWe certify that we have completed the audit of the annual return for the year ended 31 March 2012 of

Respective responsibilities of the body and the auditorThe body is responsible for ensuring that its financial management is adequate and effective and that

it has a sound system of internal control. The body prepares an annual return in accordance with

proper practices which:

• summarises the accounting records for the year ended 31 March 2012; and

• confirms and provides assurance on those matters that are important to our audit responsibilities.

Our responsibility Is to conduct an audit in accordance with guidance issued by the Audit Commission

and, on the basis of our review of the annual return and supporting information, to report whether any

matters that come to our attention give cause for concern that relevant legislation and regulatory

requirements have not been met.

External auditor’s report

(Except for the matters reported below)* on the basis of our review, In our opinion the information inthe annual return Is in accordance with proper practices and no matters have come to our attentiongiving cause for concern that relevant legislation and regulatory requirements have not been met.(delete as appropriate).

(continue on a separate sheet it required)

Other matters not affecting our opinion which we draw to the attention of the body:

(continue on a separate sheet if required)

External auditor’s signature [

________________________________________________

External auditor’s name

______________________________

_:zi Date

Note: The auditor signing this page has been appointed by the Audit Commission and is reporting toyou that they carried out and completed all the work required of Them by law. For further Informationplease refer to the Audit Commission’s publication Statement of Responsibilities ofAuditors and ofAudited Small Bodies.

Page 4 of 6

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Section 4 — Annual internal audit report to

&)S Liie tZic.cri ct :3i Co-riiThe body’s internal audit, acting independently and on the basis of an assessment of risk, carried outa selective assessment of compliance with relevant procedures and controls expected to be inoperation during the financial year ended 31 March 2012.

Internal audit has been carried out in accordance with the body’s needs and planned coverage.On the basis of the findings in the areas examined, the internal audit conclusions are summarised inthis table. Set out below are the objectives ot internal control and alongside are the internal auditconclusions on whether, in all significant respects, the control objectives were beingachieved throughout the financial year to a standard adequate to meet the needs of the body.

Internal control objective Agreed Pinme choosefrom erie of the following

Yes No Not covered”

A Appropriate accounting records have been kept properly throughout the year.

B The body’s financial regulations have been met, payments were supported by invoces,expenditure was approved and VAT was appropnately accounted for.

C The body assessed the significant risks to achieving its objectives and reviewed the Iadequacy of arrangements to manage these. 1.,/

D The annual taxation or levy or funding requirement resulted from an adequate budgetaryprocess: progress against the budget was regularly monitored, and reserves wereappropriate.

E Expected ncome was fully race ved, based an correct prices, properly recorded andpromptly banked, and VAT was appropriately accounted for ‘I

F Petty cash payments ware properly supported by receipts, expenditure was approvedand VAT appropriately accounted for.

C Salaries to employees and allowances to members were pad In accordance with bodyapprovals, and PAVE and NI requrements were properly appled. 1’

H Asset and investments registers were complete and accurate and properly maintained. JI Periodic and year.end bank account raconciliations were properly carded out.

J Accounting statements prepared during the year were prepared on the correctaccounting basis (receipts and payments or income and expenditure), agreed to thecash book, were supported by an adequate audit trail from underlying records, and, ifwhere appropriate, debtors and creditors were properly recorded.

For any other nsk areas identfied by the body (list any other nsk areas below or on separate sheets I needed) adequatecontrols existe&

s,- zs

Cov& A .JD (245 yt

Name of person who carned out the internal audit r?icc ff1ivg j

Signature of person who carried out the internal audit ] Date [i i’(o1 2012..]

*Note: If the response Is ‘no’ please state the implications and action being taken to address anyweakness In control Identified (add separate sheets if needed).

**Note: If the response is ‘not covered’ please state when the most recent internal audit work was doneIn this area and when it Is next planned, or, if coverage Is not required, internal audit must explain whynot (add separate sheets if needed).

Page 5 of 6

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Guidance notes on completing the 2012 annual return1 Proper practices for prepanng this annual return are found in the Practitioners Guides. These

publications are updated from time to time and contain everything you should need to preparesuccessfully for your financiaT year-end and the subsequent audit. Both NALC and SLCC have helplinesif you want to talk through any problem you may encounter, If you are usng the electronic annual return(e-AR) read carefully the guidance on page 1.

2 Make sure that your annual return is complete (i.e. no empty red boxes), and is properly signed anddated. Avoid making any amendments to the completed return. But, if this is unavoidable, make surethe amendments are drawn to the attention of and approved by the body, properly initialled and anexplanation is provided to the auditor. Annual returns containing unapproved or unexplainedamendments will be returned unaudited and may incur additional costs.

3 Use the checklist provided below. Use a second pair of eyes, perhaps a member or the Chair,to review your annual return for completeness before sending it to the auditor,

4 Do not send the auditor any information not specifically asked for. Doing so is not helpful. However.you must advise the auditor of any change of Clerk, Responsible Financial Officer or Chair.

5 Make sure that the copy of the bank reconcilation which you send to your auditor with the annualreturn covers all your bank accounts. If your body holds any short-term investments, note their vaiueon the bank reconciliation. The auditor should be able to agree your bank reconciliation to Box 8 on theaccounting statements. You must provide an explanation for any difference between Box 7 and BoxB. More help on bank reconciliation is available in the Practitioners’ Guides.

6 Explain fully significant variances in the accounting statements on page 2. Do not just send in a copyof your detailed accounting records instead of this explanation. The auditor wants to know that youunderstand the reasons for all variances. Include a complete analysis to support your explanationThere are a number of examples provided in the Practitioners’ Guides to assist you.

7 If the auditor has to review unsolicited information, or receives an incomplete bank reconciliation, or youdo not fully explain variances, this may incur additional costs for which the auditor will make a charge.

8 Make sure that your accounting statements add up and the baance carried forward from theprevious year (Box 7 of 2011) equals the balance brought forward in the current year (Box 1 of2012).

9 Do not complete section 3. The external auditor will complete it at the conclusion of their audit.

Completion checklist — ‘No’ answe;s moan you may not have met requirements Done?

All red boxes have been completed?

All sections All information requested by the external auditor has been sent with this annualreturn? Please refer to your notice of audit.

Approval by the body confirmed by signature of Chair of meeting approving theaccounting statements?

Section 1 An explanation of significant variations from last year lo this year is provided?

Bark reconciliation as at 31 March 2012 agreed to Box 8?

An explanation of any difference between Box 7 and Box 8 is provided?

Section 2 For any statement to which the response is ‘no’, an explanation is provided?

Section 4 All red boxes completed by Internal audit and explanations provided?

*Note: Governance and Accountability for Local Councils in England — A Practitioners’ Guides, isavailable from NALC and SLCC representatives or Governance and Accountability for Internal DrainageBoards in England — A Practitioners’ Guides, is available from the ADA at The Association of DrainageAuthorities, 12 Cranes Drive, Surbiton, Surray, K5 BAL or from the NALC, SLCC or ADA websltes - seepage 1 for addresses.

Page 6 of 6

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I1€cv tc:

rnrna AU1t icportPATROL - Annual Returns(Parking & Bus Lanes)

Tom PowellCorporate Services

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Circulation List

LIiFLouise Hutchinson, Head of Service (Patrol)

Kelly Cornell, Finance Manager (Patrol)

Sir Howard Bernstein, Chief Executive

Richard Paver, City Treasurer

Susan Orrell, City Solicitor

Caroline Sheppard, Chief Adjudicator

Michelle Chard, Head of Democratic and Statutory Services

Louise Nyland, BDO Stoy Hayward

Audit Team-

Peter Gallagher, Senior Auditor 814 5247

Helen Smith, Lead Auditor 814 5238

Kathryn Fyfe, Principal Audit Manager 814 5271

Tom Powell, Head of Internal Audit and Risk Management 814 5273

Report Status

, r

Fieldwork Commenced 8 May 201 1

Draft Report Issued 7 June 2012

Management Responses Requested by 14 June 2012

Management Responses Received 8 June 2012

Final Report Issued 14 June 2012

Manchester (My CuuncM — InternM Aud[t Report — PATROL AJO v2. 0

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Introduction1.1 This report summarises the findings and conclusions from our review of the

adequacy of internal controls and procedures in operation within the Parking andTraffic Regulations Outside London Adjudication Joint Committee (PATROL AJC)and Bus Lane AJC. The purpose of this work was to inform Section 4 of the AuditCommission Small Bodies in England Annual Returns for the year ended 31 March2012.

2 Background2.1 The Traffic Penalty Tribunal is an independent tribunal where impartial lawyers

consider appeals by motorists and vehicle owners whose vehicles have beenissued with:

• Penalty Charge Notices (or have been removed or clamped) by councils inEngland and Wales enforcing parking under the Road Traffic Act 1991 and theTraffic Management Act 2004.

• Penalty Charge Notices by councils in England undertaking civil bus laneenforcement under the Bus Lane Contraventions (Penalty Charges, Adjudicationand Enforcement) (England) Regulations (2005 SI No 2757).

2.2 Under the above legislation and regulations, Councils operating civil parking andbus lane enforcement functions are responsible for defraying expenses in relationto the remunerations of the Adjudicators of the Traffic Penalty Tribunal. TheEnforcement Authorities are required to carry out this function through a JointCommittee which they are required to set up for this and related purposes. ThePATROL AJC and Bus Lane AJC perform this function. In accordance withlegislation and regulations, the constituent authorities of each Committee defrayexpenses in such a proportion as they may decide.

2.3 Under established reporting requirements separate annual returns were to besubmitted for to both Parking and Bus Lanes.

3 Scope and Approach3.1 We reviewed the adequacy and effectiveness of the financial controls, risk

management arrangements and management information in respect of 9 of the 10internal control objectives detailed within Section 4 of the Audit Commission AnnualReturn document for 2011/1 2.

3.2 Our work did not include a review of the accounting statements and related recordssupporting the final accounts under control objective J. We did not consider this tobe a key risk or indeed a function that should be discharged through Internal Audit.An opinion on the year end accounts is provided by the appointed auditor toPATROL AJC and we consider that any detailed testing of the accounts to supportthis opinion remains their responsibility.

3.3 Whilst there is a separate Joint Committee for the Bus Lane Adjudication Service itdoes share a number of systems and processes with PATROL. As a consequencewe considered Internal Audit work relating to PATROL could be used as areasonable source of assurance. This work was designed to address the controlobjectives within the Annual Return and therefore provides some assurance inrespect of the overall operation of financial and business systems.

F’aqe 3 Manchester (33v CouncH ntema Aud3 Report PATROL AJO v2O

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3.4 Where independent systems and processes were in operation for Bus Lanes a

review of relevant documents together with sample testing of transactions was

completed.

4 Findings4.1 We identified some positive areas of good practice in relation to the control and

assurance mechanisms, including

• All payments reviewed were clearly supported by invoices and retained in well

structured files for easy identification.

• A list of strategic partners where normal procurement procedures have been

waived has been approved by PATROL AJC. A programme for periodic market

testing was underway in order to demonstrate that value for money was being

obtained.

• Based on a sample of constituent authorities we confirmed that income was

calculated, invoiced and received correctly.

• Detailed working papers were maintained to enable the monitoring and

projection of income.

• The use of payment cards has meant that PATROL does not use petty cash

removing the need for additional controls over cash handling. Accordingly our

work did not include a review of petty cash and related records under control

objective F.

• The joint risk register was regularly monitored, updated, and reported to the

PATROL and Bus Lanes’ AJCs.

• The joint IT Inventory contained comprehensive notes including any known

faults, previous problems and previous users of IT equipment. The Inventory

also contained clear details of disposals.

4.2 In addition to these findings we identified a number of areas where practices could

be strengthened, either through improving existing or implementing revised

arrangements, as follows:

• The Guide to Staff Expenses should be reviewed and updated, to provide

greater clarity.

• Record management in respect of expense claims and receipts for staff and

where applicable for third parties.

• Improved compliance with approved procurement practices, particularly in

respect of ordering.

• Guidance on appropriate waivers in respect of the approved competitive

procurement processes.

• Better identification of the location of IT assets on the asset Register.

• Timely bank reconciliations.

4 %1achsster Ctv fDo c Intei a1 Aud Rpor[ PATROL AJO e2i

Page 16: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

5 Conclusions5.1 In our opinion both the PATROL and Bus Lane Adjudication Joint Committees have

achieved a satisfactory standard with regard to all eight control objectivesexamined. Whilst we identified a number of other areas where internal controlswere assessed as requiring further development and improvement these were notconsidered sufficient to prevent the achievement of a satisfactory standard ofcontrol overall.

5.2 The forthcoming change of host authority creates a number of challenges. In orderto minimise the risks associated with this move it is important that the servicedevelops a robust transfer plan which includes both physical and service deliveryaspects, as well as support arrangements to ensure business continuity during andfollowing the transfer to the new host authority. The move also creates anopportunity to revisit and where appropriate improve the control environment inrespect of the IT Inventory, as detailed in recommendation 5 below.

5.3 A detailed action plan of recommendations to improve the system of internal controlis attached at Appendix 1.

Page 5 Manchester City Council — Internal Audit Report — PATROL AdO vL.O

Page 17: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

Bas

edon

our

sam

ple

ofst

aff

expe

nse

clai

ms

we

wer

eun

able

tolo

cate

one

ofth

ecl

aim

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das

soci

ated

rece

ipts

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enpa

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ascl

ear

from

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file

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aim

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epe

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mad

e,be

enap

prop

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ely

supp

orte

dby

rece

ipts

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appr

oved

.

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rsa

mpl

eof

purc

hase

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ring

the

year

one

ofth

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ansa

ctio

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sted

rela

ted

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esan

din

clud

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elem

ent

ofex

pens

es.

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wer

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able

tolo

cate

rece

ipts

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this

part

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eIn

voic

e.It

was

clea

rfr

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efil

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her

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had

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supp

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rece

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valu

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the

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sing

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rece

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was

not

mat

eria

lco

mpa

red

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eto

tal

leve

lof

expe

ndit

ure.

From

our

spec

ific

test

ing

and

revi

ewof

file

s,it

iscl

ear

that

the

tran

sact

ions

invo

lved

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ated

inci

dent

san

dha

vebe

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clud

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eten

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have

mad

eth

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ead

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ervi

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are

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and

itis

our

opin

ion

that

she

shou

ldas

sure

hers

elf

the

inci

dent

sar

ele

gitim

ate

expe

nses

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edo

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inte

ndto

follo

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1.4end

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Det

aile

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ind

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Icem

men

dati

ons

and

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Pla

n

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tion

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Appro

pri

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acco

un

tin

qre

cord

shav

eb

een

pro

per

lyke

ptth

roughout

the

yea

r.

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abse

nce

ofpr

ime

fina

ncia

lre

cord

san

dsu

ppor

ting

docu

men

tati

onin

crea

ses

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risk

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opri

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nds,

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etov

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end,

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Mod

erat

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Page 18: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

The

guid

ance

curr

ently

inpl

ace

inre

spec

tof

Staf

fE

xpen

ses

was

not

suff

icie

ntly

robu

st.

Are

asof

omis

sion

incl

uded

:•

Inap

prop

riat

eE

xpen

ses.

•R

ejec

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laim

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elim

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mak

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out

suit

able

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fE

xpen

ses

guid

ance

ther

eis

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crea

sed

likel

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dth

atex

pens

ecl

aim

sw

illbe

mad

e,ap

prov

ed,

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proc

esse

dw

hich

are

not

appr

opri

ate.

Thi

sin

crea

ses

the

risk

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appr

opri

ate

use

offu

nds,

mis

appr

opri

atio

nor

erro

r,an

dfa

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toob

tain

valu

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oney

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reex

pens

ecl

aim

sar

eno

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lely

for

PAT

RO

Lus

eth

ere

isan

incr

ease

dri

skof

bree

chin

gta

xre

gula

tion

sw

hich

coul

dha

vead

vers

ele

gal,

fina

ncia

lan

dre

puta

tion

alim

plic

atio

nsfo

rPA

TR

OL

.

The

Hea

dof

Ser

vice

,in

conj

unct

ion

with

the

Fin

ance

Man

ager

,sh

ould

revi

ewth

eSt

aff

Exp

ense

Gui

deli

nes

toen

sure

they

clea

rly

set

out

the

purp

ose

ofex

pens

es,

the

key

prin

cipl

esof

wha

tis

and

isno

tac

cept

able

,an

dgu

idan

cein

rela

tion

tom

akin

gan

dpr

oces

sing

clai

ms.

Aba

sic

form

atth

atco

uld

beus

edto

supp

ort

the

deve

lopm

ent

ofth

eG

uida

nce

isat

tach

edin

App

endi

x3

sett

ing

out

the

key

prin

cipl

esw

eex

pect

shou

ldbe

cons

ider

ed.

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eco

mpl

eted

the

revi

sed

guid

elin

essh

ould

bepr

esen

ted

toth

ePA

TR

OL

and

Bus

Lan

esA

JCs

Adv

isor

yB

oard

s’fo

rap

prov

alan

dth

encl

earl

yco

mm

unic

ated

toal

lst

aff.

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eed:

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ion

tobe

tak

en:

Rev

iew

the

Staf

fE

xpen

seG

uide

line

san

dre

vise

whe

reap

prop

riat

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rese

ntfo

rap

prov

alto

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Adv

isor

yB

oard

inS

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mbe

r20

12.

Add

itio

nal

Res

ourc

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equi

red

for

impl

emen

tati

on:

N/A

Res

ponsi

ble

Otf

icer

:H

ead

ofS

ervi

ce

Tar

get

Dat

e:30

Sep

tem

ber

2012

2

.S

ecti

on

B:

The

body

’sfi

nanc

ial

regula

tio

ns

have

bee

nm

et,

pay

men

tsw

ere

support

edby

invo

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,ex

pen

dit

ure

was

app

rov

edan

dV

AT

was

appro

pri

atel

yac

cou

nte

dfo

r.

clai

m.

•C

onse

quen

ces

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audu

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ms.

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Ma.o

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OL

Cv

1)

Page 19: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

From

our

revi

ewof

purc

hase

san

dsu

ppor

ting

docu

men

tati

onw

eno

ted:

With

out

cons

iste

ntco

mpl

ianc

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tabl

ishe

dpr

ocur

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tar

rang

emen

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pend

itur

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incu

rred

with

out

auth

oris

atio

n,bu

dget

ary

prov

isio

nor

mai

nten

ance

ofpr

oper

reco

rds.

Thi

sin

crea

ses

the

risk

ofin

appr

opri

ate

use

offu

nds,

budg

etov

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end,

mis

appr

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arti

cula

rem

phas

issh

ould

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ade

inre

spec

tof

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ensu

ring

purc

hase

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rsar

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ised

toth

eva

lue

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ceiv

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ders

bein

gau

thor

ised

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and

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sfac

tory

rece

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serv

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tak

en:

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itfi

ndin

gsan

dre

com

men

dati

ons

tobe

pres

ente

dto

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get

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ders

next

mee

ting

.

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itio

nal

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impl

emen

tati

on:

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ponsi

ble

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icer

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ead

ofS

ervi

ce

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get

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e:14

June

2012

3

3/20

purc

hase

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rais

edaf

ter

the

invo

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date

;•

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invo

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wer

efo

rm

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than

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appr

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dno

tha

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nfir

mat

ion

that

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good

sor

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ices

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rece

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eed:

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Hea

dof

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vice

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ldre

min

dst

aff

ofth

epu

rcha

sing

proc

ess

tobe

follo

wed

and

assu

ranc

ech

ecks

shou

ldbe

carr

ied

out

toen

sure

that

proc

urem

ent

prac

tice

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plie

sw

ithPA

TR

OL

’sFi

nanc

ial

Reg

ulat

ions

.

Mod

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Mceie

rC

tvCc

;nc

It;

ria

Aci

Pepor

PA[A

OL

AJC

vO

Page 20: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

From

our

revi

ewof

purc

hase

san

dsu

ppor

ting

docu

men

tati

onw

efo

und

1/5

tran

sact

ions

whe

requ

otes

wer

eno

tob

tain

edde

spit

em

eeti

ngth

ere

quir

emen

tsou

tline

din

the

Fina

ncia

lR

egul

atio

nsto

doso

.

The

Hea

dof

Ser

vice

has

advi

sed

that

the

cons

ulta

ntw

askn

own

toha

veun

dert

aken

sim

ilar

spec

iali

stw

ork

and

that

the

wai

ver

tono

rmal

proc

urem

ent

onth

isba

sis

wou

ldbe

pres

ente

dto

the

next

PAT

RO

LA

JC.

The

abse

nce

ofap

prop

riat

eco

mpe

titio

nin

proc

urem

ent

incr

ease

sth

eri

skth

atva

lue

for

mon

eym

ayno

tbe

obta

ined

.

The

Hea

dof

Ser

vice

shou

lddo

cum

ent

the

circ

umst

ance

sun

der

whi

chit

isap

prop

riat

eto

wai

veth

est

anda

rdco

mpe

titi

vepr

ocur

emen

tpr

oces

s.T

his

list

shou

ldbe

pres

ente

dto

the

PAT

RO

Lan

dB

usL

ane

AJC

sfo

rco

nsid

erat

ion,

amen

dmen

tif

nece

ssar

y,an

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prov

al.

The

Hea

dof

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vice

shou

ldan

nual

lypr

esen

tto

PAT

RO

Lan

dB

usL

ane

AJC

’sth

ose

supp

lier

sw

here

the

wai

ver

topr

ocur

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tha

sbe

enex

erci

sed,

this

shou

ldin

clud

eth

ere

ason

for

the

wai

ver

inlin

ew

ithth

eap

prov

edlis

tab

ove.

Act

ion

tobe

tak

en:

Dev

elop

proc

edur

efo

rap

prov

alby

the

Join

tC

omm

itte

es.

Add

itio

nal

Res

ourc

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equi

red

for

impl

emen

tati

on:

N/A

Res

ponsi

ble

Off

icer

:H

ead

ofS

ervi

ce

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get

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e:30

Sep

tem

ber

2012

4A

gree

d:Y

es

Mod

erat

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(t

——

PAP

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AJC

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Page 21: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

Alth

ough

gene

rall

yw

ell

mai

ntai

ned

the

ITIn

vent

ory

(use

djo

intly

for

Park

ing

and

Bus

Lan

es)

did

not

suff

icie

ntly

dist

ingu

ish

the

loca

tion

ofIT

asse

ts.

Ina

sign

ific

ant

num

ber

ofca

ses

the

asse

tsw

ere

liste

das

‘Una

ssig

ned

Off

ice’

whi

chin

clud

edite

ms

both

inth

ege

nera

lof

fice

,th

ose

inin

divi

dual

sof

fice

s,an

dth

ose

lock

edaw

ayin

the

ITst

orag

ecu

pboa

rd.

Itsh

ould

beno

ted

that

with

the

supp

ort

ofth

eT

echn

olog

yM

anag

erw

ew

ere

able

tolo

cate

all

the

item

ste

sted

,ho

wev

erth

isde

tail

edin

form

atio

nne

eds

tobe

reta

ined

onth

ere

gist

er.

Ifan

upto

date

and

com

preh

ensi

veas

set

regi

ster

isno

tm

aint

aine

d,th

ere

isan

incr

ease

dri

skof

loss

orm

isap

prop

riat

ion,

asw

ell

asin

crea

sed

risk

ofm

isus

e.

The

Tec

hnol

ogy

Man

ager

shou

lden

sure

the

loca

tion

ofal

lit

ems

iscl

earl

yre

cord

edw

ithin

the

ITIn

vent

ory

toal

low

for

easy

iden

tific

atio

n,e.

g.it

ems

held

inst

orag

esh

ould

bese

para

tely

reco

rded

from

thos

ein

activ

eus

e.

The

prop

osed

mov

eto

ane

who

stau

thor

ityan

dne

wof

fice

spr

ovid

esan

idea

lop

port

unity

toim

plem

ent

best

prac

tice

.W

esu

gges

tth

atth

elo

catio

nof

spec

ific

Item

ssh

ould

belin

ked

toa

desk

plan

topr

ovid

ea

clea

rde

tail

edlo

catio

nfo

ral

lite

ms.

Agr

eed:

Yes

Act

ion

tobe

tak

en:

Aud

itfi

ndin

gsan

dre

com

men

dati

ons

tobe

com

mun

icat

edto

the

Tec

hnol

ogy

Man

ager

.

Cha

nges

toth

eIn

vent

ory

will

beco

nsid

ered

aspa

rtof

the

mov

efo

llow

ing

the

chan

geof

host

.

Add

itio

nal

Res

ourc

esR

equi

red

for

impl

emen

tati

on:

N/A

Res

ponsi

ble

Off

icer

:T

echn

olog

yM

anag

er

Tar

get

Dat

e:31

Mar

ch20

13(to

faci

litat

eap

plic

atio

nof

best

prac

tice

tone

wpr

emis

es)

5

jtS

ecti

on

H:

Ass

ets

and

Inv

estm

ent

reg

iste

rsw

ere

com

ple

te,

accu

rate

and

prop

erly

mai

nta

ned. M

oder

ate

(Co

mp

Iianc

e)

Pe

10M

eer

(:ty

oune

—r0

erre

3A

u0it

Rep

ort

—P

.iR

O.

AJC

vi1)

Page 22: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

1Z

i—

Sec

tion

I:P

erio

dic

and

yea

r-en

dba

nkac

count

reco

nci

liat

ions

wer

epr

oper

lyca

rrie

dou

t.

6A

lthough

per

iodic

ban

kIf

the

ban

kre

conci

liat

ion

The

Fin

ance

Man

ager

1Agr

eed:

Yes

reco

nci

liat

ions

wer

epro

cess

isnot

com

ple

ted

insh

ould

ensu

rem

onth

ly

undert

aken

for

PA

TR

OL

,a

tim

ely

manner

there

isan

reco

nci

liat

ions

are

Moder

ate

Act

ion

tobe

taken

:

these

wer

enot

com

ple

ted

incre

ase

dri

skth

ater

rors

,co

mple

ted

inli

new

ith

(Com

pli

ance

)H

ead

ofS

ervic

eto

month

lyin

line

wit

hth

elo

ss,

or

inap

pro

pri

ate

use

Fin

anci

alR

egula

tions.

docum

ent

chec

kin

gof

Fin

anci

alR

egula

tions,

offu

nds

would

not

be

ban

kre

conci

liat

ions

in

iden

tifi

ed.

The

Hea

dof

Ser

vic

esh

ould

accord

ance

wit

h

Ban

kre

conci

liat

ions

for

Bus

per

iodic

ally

check

that

ban

kF

inan

cial

Reg

ula

tions

Lan

eshad

been

undert

aken

reco

nci

liat

ions

hav

ebeen

tim

eper

iod.

each

month

inli

new

ith

com

ple

ted

wit

hin

the

requir

emen

ts.

allo

tted

tim

esc

ale

.A

ddit

iona

lR

esourc

esR

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Page 23: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

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Page 24: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

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Page 25: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

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Page 26: Item 10 BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE … Lane... · 4.2 The service achieved income of £335,010 against a budget of £246,297 giving a surplus of £88,71 3 (Table

4:12 PM PATROL - Bus Lanes14/06/12Accrual Basis UK Balance Sheet - Standard

ITEM 1OAPPENDIX4 As of 31 March 2012

BALANCE SHEET

31Mar12

ASSETS

Current Assets

Accounts Receivable

Accounts Receivable 77971

Total Accounts Receivable 779.71

Cash at bank and in hand

PATROL - Bus Lane 192,414.85

Total Cash at bank and in hand 192,414.85

Total Current Assets 193,194.56

Current Liabilities

Accounts Payable

Accounts Payable 99,334.00

Total Accounts Payable 99,334.00

Total Current Liabilities 99,334.00

NET CURRENT ASSETS 93,860.56

TOTAL ASSETS LESS CURRENT LIABILITIES 93,860.56

NET ASSETS 93,860.56

Capital and Reserves

Reserves - Bus Lane 65,582.00

Unrestricted Net Assets 55,871.29

Profit for the Year -27,592.73

Shareholder funds 93,860.56

Page 1 of 1

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

BUS LANE ADJUDICATION SERVICE JOINT COMMITTEECODE OF CORPORATE GOVERNANCE

JUNE 2012

Background

The PATROL Adjudication Joint Committee, formerly the National Parking AdjudicationService Joint Committee, has been established to enable Councils having CivilEnforcement Area Orders to exercise their functions under Section 81 of the TrafficManagement Act 2004 and Regulations 17 and 18 of the Civil Enforcement of ParkingContraventions (England) General Regulations 2007. These functions are exercisedjointly with the other councils in accordance with the requirements of Regulation 16 ofthe Civil Enforcement of Parking Contraventions (England) General Regulations 2007.

The functions exercised by the PATROL Adjudication Joint Committee on behalf of itsconstituent councils are appointing independent adjudicators to the Traffic PenaltyTribunal, providing these adjudicators with administrative staff and accommodation andproviding hearing venues. Its remit in relation to the Tribunal is limited to these matters.The Joint Committee also underlakes such other associated functions as theparticipating Authorities may lawfully arrange Joint Committee to perform as they fromtime to time consider appropriate.

The PATROL Adjudication Joint Committee (PATROLAJC) is responsible for ensuringthat its business is conducted in accordance with the law and proper standards, and thatpublic money is safeguarded and properly accounted for, and used economically,efficiently and effectively. The PATROLAJC also has a duty under the LocalGovernment Act 1999 to make arrangements to secure continuous improvement in theway in which its functions are exercised, having regard to a combination of economy,efficiency and effectiveness.

In discharging this overall responsibility, the PATROLAJC is responsible for putting inplace proper arrangements for the governance of its affairs, facilitating the effectiveexercise of its functions, which includes arrangements for the management of risk.

The PATROLAJC, in so far as it is applicable, is consistent with the principles of theCIPFA/SOLACE Framework Delivering Good Governance in Local Government indeveloping its Code of Corporate Governance. The CIPFA/SOLACE governanceframework Delivering Good Governance in Local Government’ brings together anunderlying set of legislative requirements, governance principles and managementprocesses.

Page 1 of 9

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

The Code of Corporate Governance

The PATROL Adjudication Joint Committee’s Code of Corporate Governance chimeswith the overall aim of the CIPFA/SOLACE framework (CIPFA/SOLACE Framework“Delivering Good Governance in Local Government” 2007 to promote effectivegovernance i.e. “doing the right things, in the right way, for the right people, in a timely,inclusive, open, honest and accountable manner” However, the PATROL AdjudicationJoint Committee is mindful of its specific remit, role and responsibilities in adopting thecore principles of the CIPFA!SOLACE framework to promote effective governance.

To clarify this, Appendix 2i provides an overview of the Traffic Penalty Tribunal andPATROL Adjudication Joint Committee and their respective roles and it is recognisedthat clarity in this respect is paramount to promote the continued integrity andindependence of the Adjudicators.

a) Focusing on the purpose of the Joint Committee, its objectives and outcomes.

• Exercising strategic leadership and clearly communicating its purposeand vision and intended outcomes.

• Ensuring that users receive a high quality of service.• Ensuring that best use is made of resources to achieve value for money.

b) Members and officers working together to achieve a common purpose with clearlydefined functions and roles.

• Effective leadership and clarity about executive and non-executivefunctions.

• Ensuring a constructive working relationship exists between authoritymembers and officers with responsibilities carried out to a high standard.

c) Promoting values for the Joint Committee and demonstrating the values of goodgovernance through upholding high standards of conduct and behaviour.

• Ensuring authority members and officers exercise leadership by behaving inways that exemplify high standards of conduct and effective governance.

• Ensuing values are put into place and are effective.

d) Taking informed and transparent decisions which are subject to effective scrutinyand managing risk.

• Being rigorous and transparent about how decisions are taken.• Having good quality information, advice and support to ensure that services

are delivered effectively.• Ensuring that an effective risk management system is in place.

e) Developing the capability of members and officers to be effective

• Making sure that members and officers have the skills, knowledge,experience and resources they need to perform well in their roles.

Page 2 of 9

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

Developing the capability of people with governance responsibilities

f) Stakeholders are engaged with to ensure robust accountability

• Effectively engaging with stakeholders• Taking an active and planned approach to dialogue

By adopting the spirit of these six principles, the PATROL Adjudication Joint Committeewill:

i) Structure its governance arrangements.ii) Annually monitor effectivenessiii) Demonstrate how core principles will be applied and compliance tested.

The Code of Conduct will be reviewed on an annual basis.

Page 3 of 9

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

APPENDIX 41

PATROL (PARKING AND TRAFFIC REGULATIONS OUTSIDELONDON) ADJUDICATION JOINT COMMITTEE

&BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE

Briefing Note for New Council Representatives

1. Introduction to the Traffic Penalty Tribunal

The Traffic Penalty Tribunal is an independent tribunal where impartial lawyers considerappeals by motorists and vehicle owners whose vehicles have been issued with:

• Penalty Charge Notices (or have been removed or clamped) by councils inEngland and Wales enforcing parking under the Road Traffic Act 1991 and theTraffic Management Act 2004.

• Penalty Charge Notices by councils in England undertaking civil bus laneenforcement under The Bus Lane Contraventions (Penalty Charges, Adjudicationand Enforcement) (England) Regulations (2005 SI No 2757).

The principal objective of the Traffic Penalty Tribunal is to provide independent, impartialand well considered decisions based on fact and law in a way that is user-focused, efficient,timely, helpful and readily accessible.

The Traffic Penalty Tribunal has its headquarters in Manchester but operates across England(outside London) and Wales with its Adjudicators and Hearing Centre Supervisors workingremotely and from hearing venues in over 70 locations. The Traffic Penalty Tribunal deals withsome 10,000 plus appeals per annum and has 32 Adjudicators including a Chief Adjudicator, 15Hearing Centre Supervisors and twenty staff. Appellants and Councils are given a namedAppeals Coordinator who will handle the administration of their appeal from the Notice ofAppeal through to the Decision being issued.

It is the Adjudicator’s function to independently decide the appeals and issue any directionsrequired for the management of appeals.

The Traffic Penalty Tribunal comes under the supervision of the Administrative Justice andTribunals Council which has established a Framework of Standards for Tribunals which statesthat tribunals should:

• Be independent• Provide open. fair and impartial hearings• Be accessible to users• Focus on the needs of users• Offer cost effective procedures

Page 4 of 9

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

• Be properly resourced and organised• Work with first tier decision makers to improve the “end to end” experience for the user.

Both parties, Councils and Appellants, have a right to a personal hearing, but alternatively mayagree to have a telephone or postal hearing.

Technology is central to the whole operation with adjudicators accessing the tribunal’s casemanagement system remotely. The Tribunal actively encourages parties to correspond with thetribunal electronically and is also actively encouraging councils to provide the facility forappellants to appeal on line.

For more information

For more information about The Traffic Penalty Tribunal, members are requested to:

• Visit the tribunal’s web site at www.trafficpenaltytribunal.gov.uk.• Refer to the Adjudicators Annual Report — available through the web site.• Contact the Head of Service who will be pleased to provide additional information or

arrange a visit to the Manchester offices.• Members are welcome to participate in any tribunal events e.g. council induction events

or council user groups.

2. Background to the Joint Committees

The PATROL Adjudication Joint Committee, formerly the National Parking AdjudicationService Joint Committee, has been established to enable Councils having Civil Enforcement AreaOrders to exercise their functions under Section 81 of the Traffic Management Act 2004 andRegulations 17 and 18 of the Civil Enforcement of Parking Contraventions (England) GeneralRegulations 2007. These functions are exercised jointly with the other councils in accordancewith the requirements of Regulation 16 of the Civil Enforcement of Parking Contraventions(England) General Regulations 2007.

The functions exercised by the PATROL Adjudication Joint Committee on behalf of itsconstituent councils are appointing independent adjudicators to the Traffic Penalty Tribunal(subject to the consent of the Lord Chancellor), providing these adjudicators with administrativestaff and accommodation and providing hearing venues. Its remit in relation to the Tribunal islimited to these matters. The Joint Committee also undertakes such other associated functionsas the Participating Authorities may lawfully arrange Joint Committee to perform as they fromtime to time consider appropriate.

The Agreement that regulates the setting up of the Joint Committee provides for oneRepresentative for each constituent Council. Members of the Joint Committee need not be an“Executive Member” of their Council, but this is a matter for each Council to decide. If thenominated Representative cannot attend the meeting, provision is made for a named substitute toattend in his/her place.

In 2006 with the introduction of civil bus lane enforcement, it was agreed that there would be anintegrated tribunal for parking and bus lane enforcement. However, there must be a separate

Page 5 of 9

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BUS LANE ADJUDICATION SERVICE JOINT COMMITTEE 26th June 2012Appendix 5 to Item 10

Joint Committee, the Bus Lane Adjudication Service Joint Committee until such time as bothareas of enforcement are governed by the same legislation i.e. the Traffic Management Act 2004.Where councils enforce bus lanes, they are required to become a member of the Bus LaneAdjudication Service Joint Committee.

3. Role of Joint Committee Members

The role of Members of the Joint Committee is to oversee the functions of The TrafficPenalty Tribunal as an Independent Tribunal.

There is not a role as such in respect of the parking/bus lane enforcement activities of theLocal Authority they represent on the Joint Committee nor do members have the remit todiscuss or influence Adjudicator decisions. The independence and integrity of the tribunalis paramount.

Typically agenda items will include:• Appointment of adjudicators• New member councils• Budgets• Budget monitoring• Governance Matters• Service Charges to user councils• General progress and service standards• Establishment of Sub Committees and Advisory Board.• Other relevant items of interest to the Joint Committee in exercising its duties

Members elect a Chair, Vice Chair and in the case of the PATROL Adjudication JointCommittee, an Assistant Chair. Meetings are attended by the Chair of the Advisory Board, theChief Adjudicator and Head of Service.

The Head of Service presents reports to the Joint Committee meetings on behalf of the LeadOfficer in relation to administrative matters and the Chief Adjudicator presents on judicialmatters, administrative responsibilities delegated to her within the scheme of delegation and theAnnual Report of the Adjudicators.

4. Joint Committee Primary Objectives

The agreed primary objectives of the Joint Committees are the provision of:

a) A fair adjudication service for Appellants including visible independence ofadjudicators from the authorities in whose areas they are working.

b) Consistency in access to adjudication.c) A cost effective and equitable adjudication service for all Parking Authorities and

Bus Lane authorities in England and Wales.d) Flexibility to deal with a wide range of local authorities with varying levels of

demand for adjudication.

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In addition, the Joint Committee oversees any agreed PATROL initiatives e.g. commissioningIndependent Reviews and the provision of public information.

5. Joint Committee Meetings

The annual meeting of the PATROL Adjudication Joint Committee takes place in Septembereach year in the Birmingham area.

In addition the Joint Committee has established an Executive Sub Committee which meets twicea year in January and June, again in the Birmingham area. Where possible, Bus LaneAdjudication Joint Committee meeting are scheduled to coincide with the January, June andSeptember meetings.

The PATROL Adjudication Joint Committee has also established an Executive Sub Committee(Wales) with specific reference to matters arising from the separate regulations for the civilenforcement of parking in England and Wales.

Members are encouraged to attend in order to broaden their appreciation of the functions of theJoint Committee. In addition to local authority councillors and officers, the Joint Committeemeetings are attended by the Chief Adjudicator, Chair of the Advisory Board and Head ofService. Local authority officers are also welcome to attend.

Notices and papers in respect of Joint Committee meetings are issued by the Lead Authority.Please note that, in the interests of efficiency, papers will only be issued to councillors who haveconfirmed that they wish to attend.

In addition, prior to each meeting Democratic Services Departments within each memberauthority will be notified of the publication of papers and provided with a link to a web versionfor reference purposes. Papers for the meetings are posted on the Manchester City Council’s website under Council Meetings and Minutes or through the following link.

http://www. manchester.gov.uk/meetincjs/meeting/1 291/bus lanes adjudication joint committee

http://www. manchester.gov.uk/meetinqs/meeting/1 289/civil enforcement of parking and trafficjccnprol_former!yas

Any queries in relation to meetings can be addressed to the Head of Service.

6. Lead Authority and Lead Officer Role

Because the Joint Committees have no corporate status and cannot therefore contract, one of theconstituent Councils has been appointed Lead Authority to enable goods and services to beprovided on behalf of the Joint Committees. The responsibilities of the Lead Authority are setout in the Joint Committee’s agreement and within the Scheme of Delegation. InitiallyManchester has been appointed the Lead Authority.

The Joint Committees have delegated decision making in relation to the majority of day to daymatters to a “Lead Officer” (initially the Lead Officer is the Chief Executive of Manchester) or to

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the Chief Parking Adjudicator/Bus Lane Adjudicator, depending on the subject matter. For themost part the Head of Service of Joint Committee Services acts on behalf of the “Lead Officer”.

Except in the case of urgent business, the Lead Officer, in exercising the functions delegated tohim, is required to consult with an officer working party (the Advisory Board) comprising theLead Officer plus up to eleven people, including: seven representatives of local authorities with atleast one representing: an English Authority; a Welsh Authority; a District Council; a CountyCouncil; a Unitary or Metropolitan Council and a bus lane enforcement council. Representativesof the Department for Transport and National Assembly for Wales have been appointed membersof the Advisory Board. There are also two other representatives, a lay member with tribunalexperience, and a representative from a motoring organisation. The Advisory Board will haveconsidered all papers being recommended to the Joint Committee.

7. Joint Committee Agreement

The form of the PATROL Adjudication Joint Committee and Bus Lane Adjudication ServiceJoint Committee Agreements, the articles by which local authorities becomes a member of theJoint Committee, has been the subject of detailed negotiations between the initial parties. Theirfinal form has been approved by leading Counsel. For this reason it is requested that joiningcouncils do not seek to make changes to the terms of the Agreements.

Whilst the Agreements provide for the terms on which the Joint Committees are to operate,including making provision for the joining of new members and for the appointment of a LeadAuthority, they do not set out in detail the amount of contributions required from membercouncils. These contributions are decided by the Joint Committee and are set at a level whichshould not be prohibitive to any council wishing to join the Joint Committee. These charges willbe reviewed annually by the Joint Committees at their January meetings.

8. Public Information

The Joint Committee has approved the provision of common public information on civilenforcement on behalf of local authorities. A public information web site is in operation atwww.patrol-uk.info. Information about the web site can be sought from Miles Wallace on 0161242 5290 or mwallace©patrol-uk.info.

9. Feedback

I trust that this briefing note has been useful. If you have any comments on how this might beimproved, please do not hesitate to contact me.

Louise HutchinsonHead of ServiceJoint Committee ServicesPATROLBarlow HouseMinshull StreetManchesterMl 3DZ

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Direct Line: 0161 242 5270

Email: [email protected]

www.patrol-uk.info

June 2011

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