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Policy Summary
The Police Act 1996 (as amended by the Police Reform and Social Responsibility Act 2011) permits a Police & Crime Commissioner to accept gifts, loans and commercial sponsorship in connection with the discharge of his functions. The same Act requires the Home Secretary to issue guidelines on the implementation of this section. This provision is met by paragraph 3.1 and Annex A of the Home Office Code of Practice on Financial Management.
This Policy & Procedure provides a summary of guidance for sponsorship.
Aims
This policy aims to provide guidance on when sponsorship should and should not be actively sought, how offers of sponsorship should be handled and how to treat sponsorship income.
The policy will also set out the different definitions of sponsorship, gifts, loans and donations and how each should be treated.
The Code of Ethics published in 2014 by the College of Policing requires us all to do the right thing in the right way. It also recognises that the use of discretion in Policing is necessary but in using discretion, states that you should, "take into account any relevant policing codes, guidance, policies and procedures into consideration."
Scope
This policy applies to all Police Officers, Police Staff, PCSOs, Special Constables and Police Service Volunteers who may in the course of their duties seek or receive offers of funding from third parties that fall within the definitions of sponsorship, gifts, loans or donations to the Force or PCC.
Offers of gifts or hospitality to officers and staff are covered by the policy on “Gifts, Gratuities or Hospitality (including Collections) and are not covered here. (Please refer to the PSD policy on these)
Compliance
This policy is intended to ensure compliance with the following:
Section 93 of the Police Act 1996 (as amended by the Police Reform and Social Responsibility Act 2011)
Section 39A of the Police Act 1996 (as amended by section 17(6) of the Police Reform and Social Responsibility Act 2011)
Paragraph 3.1 and Annex A to the Home Office Financial Management Code of Practice for the Police Service of England & Wales
HMRC Notice 701/41 (March 2002)
Definitions
Sponsorship – any provision of money, goods or services to the PCC or Chief Constable by a third party in return for marketing or promotional consideration
Gifts – any provision of money, goods or services to the PCC or Chief Constable for which no consideration is given in return and for which no restriction in the use is made by the contributor
Loans – any provision of money, goods or services to the PCC or Chief Constable by a third party in the expectation that the same will be returned at some point in the future
Donations – any provision of money, goods or services to the PCC or Chief Constable for which no consideration is given in return but where the provision is made on the condition that the resources be utilised in a particular way, e.g. for crime prevention in a particular area.
References to sponsorship in this document can be assumed to refer to any or all the above unless specifically stated otherwise.
Principles
When seeking or receiving offers of sponsorship, officers and staff must be mindful of the reputational impact on the Force and the PCC of accepting funding from the organisation making the offer.
Offers of sponsorship will not be accepted where the total income from sponsorship in the current financial year would exceed 1% of the budgeted net revenue expenditure for that financial year. If you require further clarification of this limit, please contact the Finance and Business Services team.
Members of the Force occasionally organise sponsored events to raise money for charities in the name of Humberside Police, or for groups and clubs associated with the Force (e.g. Force Sports Club) and this is to be encouraged. Before organising such events the principles and procedures of this policy should be followed. PCC approval is not required. Sponsors must be advised, and any associated publicity must make clear, that the sponsors are supporting the event, club or individual and not Humberside Police.
Sponsorship is often sought by Crime Prevention Panels and other multi-agency groups (eg. HANWaG) on which the police are represented, either as members or advisers initiating a project. Approaches for such sponsorship must be made in the name of the panel or group by the Chair or other member(s) and not by a police officer. This policy does not apply to such sponsorship but individuals will want to be aware that they may be personally liable, including financial liability, in the event of any failure of such an undertaking if they were part of the body that approved it – even if they advised against it.
Breaches/Liability
In the event that any sponsorship is accepted without being properly authorised, Humberside Police reserve the right to cancel any such agreement and the individual taking acceptance may be held responsible for any repercussions.
Where a Branch or Command approves sponsorship without advising the Chief of Staff Officer of the potential VAT liability, any resulting costs will be charged to the relevant Dept. or Command.
Related Guidance
Humberside Police Code of Governance and Financial Regulations , VAT Manual
Further Advice
For general advice and guidance on seeking sponsorship or accepting/rejecting offers of sponsorship, Head of Communications
For advice and guidance on applying VAT regulations on sponsorship, contact Operational Management Accountant.