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If, as a consequence of actions taken, a member of staff unwittingly or otherwise gains a significant personal advantage (e.g. vouchers, free travel, gifts) whether it be through a suppliers' promotional offer or any other source, then this advantage and the circumstances surrounding it must be declared as appropriate to their line manager, the Head of Business Unit or the Managing Director, and recorded in the Register held in the Human Resources Department. Promotional merchandise such as pens, mouse mats, calendars and diaries with a value under £25 are not classed as 'significant' and you may accept inexpensive, token or promotional gifts or benefits up to the individual or cumulative value of £25. You should use the appropriate HR form to apply for acceptance of any other gift or benefit. For further details of this policy see Section 2.3.7a of the Staff Handbook.

(III) Hospitality 

Modest hospitality is an accepted courtesy of a business relationship. However, the recipient must not allow a position to develop whereby they might be influenced, or might be deemed by others to have been compromised, into taking a business decision. The frequency and scale of hospitality accepted should not be significantly greater than that likely to be provided by RoS on a reciprocal basis. For further details of this policy see Section 2.3.7c of the Staff Handbook.

(IV) Confidentiality

The Terms and Conditions through which many of RoS’s suppliers trade with us are the result of local or national negotiations. Staff are given access to these and other official contract details on the clear understanding that confidentiality of such commercially sensitive information is strictly respected. Any request for such information by a third party under the Freedom of Information (Scotland) Act (FOISA), should be dealt with through the appropriate FOISA process.

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To reduce the possibility of fraud, RoS staff should be familiar with our policy and procedures. They should also make our suppliers, agents, and other potential commercial partners aware of our policies. Procurement undertake checks on supplier integrity as a routine part of our EU procurements.

In undertaking tenders for or delivering projects abroad (outside the EU), staff should be mindful that where agents, intermediaries or for example leads in a consortia are used in dealing with government agencies or business partners, due diligence should be undertaken to establish their probity. We must avoid guilt and/or reputational damage by association. Contracts should make it clear that payment or attempted payment of any bribe would be a material breach of the contract.

If undertaking work in a new country, staff should obtain advice on local laws, planning permissions, licence applications etc. The perceived level of corruption can also be checked using the Corruption Perceptions Index. In business dealings staff should explain that any offer or acceptance of a bribe exposes everyone to the risk of prosecutionRegulated procurements.

(VIII) Equality and the Public Sector Equality Duties

There is a range of equality legislation protecting people from discrimination on the grounds of race, disability, gender, age, sexual orientation and religion or belief. As of October 2010 the Equality Act brought together all these current areas of discrimination under the heading of ‘’protected characteristics’’. In addition, there is a public sector equality duty that require public authorities to take proactive steps to eliminate discrimination and harassment and to promote equality of opportunity with regard to ‘’protected characteristics’’ under the Equality Act. (Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012).

The ‘’protected characteristics’’ equality duties apply to public functions which are carried out through procurement as well as those carried out directly by a public authority. This means that a private or voluntary organisation must have due regard to the general duties relating to ‘’protected characteristics’’ when carrying out the function on behalf of a public authority.

 Contracting authorities must comply with all relevant equality legislation. Where a contractor is carrying out a public function on behalf of a public authority, the legal liability for the duties in relation to that function remains with the public authority which contracts out the function.

The degree to which equality and diversity requirements are specified and incorporated within procurement documentation will vary according to the goods, services or works being purchased and should be assessed on a case by case basis. This will ensure that full consideration is given to the needs of, and the likely impact on, all users and others who will be affected by the contract.

Further information on equality legislation, including guidance on the public sector equality duties, can be found here on the Equality and Human Rights Commission (EHRC) website.

 The Equality and Human Rights Commission have produced guidance that assists public bodies to meet their obligations in respect of the Equality Act 2010 and the Equality Act 2010 (Specific Duties) This supports listed public authorities to meet the requirements of the Scottish Specific Duty to consider the award criteria and conditions in relation to public procurement (Scotland) Regulations 2012. This supports listed public authorities to meet the requirements of the Scottish Specific Duty to consider the award criteria and conditions in relation to public procurement,