UKHO FD Ministerial Submission - United Kingdom Hydrographic ...
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Framework Document
<strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office<br />
FRAMEWORK DOCUMENT 2007<br />
1
CONTENTS<br />
FOREWORD<br />
By the Parliamentary Under-Secretary of State for Defence<br />
and Minister for Veterans, Derek Twigg MP 5<br />
INTRODUCTION 6<br />
CHAPTER 1<br />
Purpose of the <strong>UKHO</strong> 7<br />
1.1. Status of the <strong>UKHO</strong> 7<br />
1.2. Role 7<br />
1.3. Vision 7<br />
1.4. Mission 7<br />
1.5. Top-Level Objectives 7<br />
CHAPTER 2<br />
Governance Framework 9<br />
2.1. Key Roles 9<br />
2.2. Governance Levers 9<br />
2.3. The Owner 10<br />
2.4. The <strong>UKHO</strong> Owner’s Council 10<br />
2.5. The <strong>UKHO</strong> Board 10<br />
2.6. The Chairman of the <strong>UKHO</strong> Board 10<br />
2.7. The Chief Executive of <strong>UKHO</strong> 10<br />
2.8. Ministry of Defence (MOD) 11<br />
Governance of <strong>UKHO</strong> 12<br />
CHAPTER 3<br />
Policy Framework 13<br />
3.1. Parliamentary Accountability 13<br />
3.1.1. Parliamentary Commissioner for Administration 13<br />
3.2. Dealing with the Public 13<br />
3.3. Delegations 13<br />
3.4. Trades Unions (TUs) 13<br />
3.5. International Representation 14<br />
3.6. Competition Law 14<br />
3.7. Intellectual Property Rights (IPR) (Excluding Crown Copyright) 14<br />
3.8. Quality 14<br />
3.9. Policy in Relation to External Stakeholders 14<br />
3.9.1. HM Treasury 14<br />
3.9.2. Cabinet Office 14<br />
3.9.3.The Stationery Office (TSO) 14<br />
2
3.9.4. Scotland, Wales and Northern Ireland 14<br />
3.9.5. Department for Transport (DfT) and the Maritime and<br />
Coastguard Agency (MCA) 14<br />
3.9.6. Shareholder Executive (ShE) 15<br />
CHAPTER 4<br />
Financial Framework 16<br />
4.1. Business Model 16<br />
4.2. Commercial Products and Services 16<br />
4.3. Accounting Officer’s Responsibilities 16<br />
4.4. Major Decision Making 16<br />
4.5. Annual Report and Accounts 16<br />
4.6. Capital Structure 16<br />
4.6.1. Loan Funding 17<br />
4.6.2. Income and Expenditure 17<br />
4.6.3. Return on Capital Employed (ROCE) 17<br />
4.6.4. Dividend Policy 17<br />
4.6.5. Retained Earnings 17<br />
4.6.6. Assets 17<br />
4.6.7. Liabilities 17<br />
4.6.8. Capital Investment 18<br />
4.7. Internal Audit 18<br />
4.8. Risk Management 18<br />
4.9. Subordinate Companies and Joint Ventures 18<br />
ANNEXES 19<br />
ANNEX A<br />
The <strong>Hydrographic</strong> Office Trading Fund Order 1996 and<br />
HM Treasury Minute 20<br />
ANNEX B<br />
The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office (<strong>UKHO</strong>)<br />
Top-Level Objectives 25<br />
ANNEX C<br />
Terms of Reference for the <strong>UKHO</strong> Audit Committee,<br />
Remuneration Committee and Safety of Navigation<br />
Assurance Committee (SONAC) 27<br />
ANNEX D<br />
The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office Delegations 35<br />
3
ANNEX E<br />
Framework for Major Business Decisions 37<br />
ANNEX F<br />
Provisions of the Chief Executive’s Letter of Appointment<br />
as Accounting Officer 39<br />
ANNEX G<br />
Roles, Responsibilities and Accountabilities 40<br />
ANNEX H<br />
People 44<br />
4
FOREWORD<br />
By The Parliamentary Under-<br />
Secretary of State for<br />
Defence and Minister for<br />
Veterans, Derek Twigg MP<br />
The <strong>UKHO</strong> faces several challenges; not<br />
least the move from paper-based<br />
navigational products to digital products. It<br />
is also uniquely placed to grasp the<br />
opportunities offered by the shift in<br />
customers’ requirements. This document<br />
encapsulates the <strong>UKHO</strong>’s commitment<br />
going forward, and the confidence of the<br />
MOD in its continued and well deserved<br />
success.<br />
I am pleased to introduce this Framework<br />
Document for the <strong>United</strong> <strong>Kingdom</strong><br />
<strong>Hydrographic</strong> Office (<strong>UKHO</strong>). The <strong>UKHO</strong> is<br />
a Next Steps Executive Agency within the<br />
Ministry of Defence and has operated as a<br />
Trading Fund since 1 April 1996.<br />
The <strong>UKHO</strong> is a world renowned<br />
organisation with 212 years experience of<br />
producing navigational and other<br />
hydrographic products in both paper and,<br />
increasingly, digital formats. It has evolved<br />
over the last two centuries from purely<br />
serving its military customer, the Royal<br />
Navy, for which it was formed, into an<br />
organisation that is tasked with discharging<br />
the UK’s obligations under the UN Safety of<br />
Life at Sea Convention by providing<br />
hydrographic services for waters of UK<br />
national responsibility. Its Commercial<br />
business is the third strand to this success<br />
story, servicing primarily the worldwide<br />
merchant shipping market, and increasingly<br />
offering products tailored to the leisure<br />
market, and also offering consultancy<br />
services.<br />
The <strong>UKHO</strong> has developed a position as a<br />
world authority on and provider of data<br />
essential to safe marine navigation. It<br />
provides advice on policy formulation in<br />
hydrographic matters to the UK<br />
Government and represents the UK at<br />
international fora, including the International<br />
<strong>Hydrographic</strong> Organization.<br />
This Framework Document identifies the<br />
<strong>UKHO</strong>’s Purpose, Vision and Role, together<br />
with the Governance, Policy and Financial<br />
parameters that guide its day to day<br />
operations. In one document the Ministry of<br />
Defence’s expectations for the Trading<br />
Fund, including the Top Level Objectives,<br />
have been captured, together with the<br />
arrangements in place to ensure the<br />
effective delivery of those expectations.<br />
5
INTRODUCTION<br />
The purpose of this Framework Document<br />
is to set out, in one authoritative document,<br />
what the <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong><br />
Office (<strong>UKHO</strong>) is charged to deliver by its<br />
Owner and the principles and polices with<br />
which he wishes the <strong>UKHO</strong> to operate,<br />
including the governance arrangements.<br />
Where relevant, this document includes<br />
links to sources of further detailed<br />
information.<br />
Although it has no formal legal status, the<br />
aim is to make this document as definitive<br />
as possible. To this end updated versions<br />
will be published from time to time, under<br />
the authority of the Under-Secretary of<br />
State for Defence, on the <strong>UKHO</strong> website:<br />
www.ukho.gov.uk.<br />
The Corporate Plan sets out the strategy<br />
to be pursued by the <strong>UKHO</strong> in order to<br />
deliver the objectives set by the Owner,<br />
and outlined in this Framework Document.<br />
The <strong>UKHO</strong> has a world-class reputation<br />
for providing safe and accurate<br />
navigational information, essential to the<br />
needs of the Royal Navy and merchant<br />
mariner.<br />
The <strong>UKHO</strong> has a proud history, going<br />
back more than 200 years. It has always<br />
had an enviable reputation for the quality<br />
and accuracy of its charts and other<br />
products.<br />
The Defence and commercial shipping<br />
markets are now changing with the<br />
progressive introduction of digital<br />
navigation replacing paper products.<br />
<strong>UKHO</strong> has developed a vision to maintain<br />
its strong position within this market which,<br />
when delivered, should ensure continued<br />
support for the mariner in the 21st century<br />
and well beyond.<br />
6
1. Purpose of the <strong>UKHO</strong><br />
1.1. Status of the <strong>UKHO</strong><br />
The <strong>UKHO</strong> is a government organisation<br />
responsible for providing marine<br />
navigational products and services, and<br />
related safety information. It was founded<br />
in 1795, was established as an Executive<br />
Agency of the MOD in 1990 and has<br />
operated as a Trading Fund since 1 April<br />
1996. The <strong>Hydrographic</strong> Office Trading<br />
Fund Order 1996 and Treasury Minute are<br />
at Annex A.<br />
Based in Taunton in the South West of<br />
England, the <strong>UKHO</strong> employs<br />
approximately 1,000 people and<br />
generated revenues of £75M in the year<br />
ending 31 March 2006.<br />
Admiralty Holdings Limited was<br />
incorporated as a Government Owned<br />
Company in October 2002 for the purpose<br />
of exploiting the commercial activities of<br />
<strong>UKHO</strong>.<br />
1.2. Role<br />
The <strong>UKHO</strong> exists to help preserve life and<br />
safety at sea. The hydrographic<br />
information it provides is crucial not only to<br />
support operations by the Royal Navy<br />
around the world but also to the majority of<br />
commercial shipping. The <strong>UKHO</strong> also<br />
plays a central role in discharging the UK’s<br />
‘Safety of Life at Sea’ Treaty obligations to<br />
provide hydrographic services for waters<br />
of UK national responsibility, as required<br />
under the <strong>United</strong> Nations International<br />
Convention for the Safety of Life at Sea<br />
(SOLAS).<br />
1.3. Vision<br />
To be the world leader in the supply of<br />
hydrographic information and services.<br />
1.4. Mission<br />
To meet national, defence and civil<br />
requirements for navigational and other<br />
hydrographic information in the most<br />
efficient manner.<br />
7<br />
1.5. Top-Level Objectives<br />
The overall objective of the <strong>UKHO</strong> is to<br />
deliver value to the UK taxpayer, by using<br />
its assets and capabilities for the benefit of<br />
Government, the economy, the<br />
environment and society in general. Value<br />
is delivered to the taxpayer by:<br />
• Providing its core services to the<br />
public efficiently and effectively;<br />
• Assisting and supporting other public<br />
sector organisations in meeting their<br />
objectives; and<br />
• Generating profitable revenue from<br />
other customers.<br />
The following paragraphs summarise the<br />
top-level business objectives placed upon<br />
the <strong>UKHO</strong> by the Government for the<br />
period 2005-10. More detailed versions of<br />
each objective can be found in Annex B.<br />
These objectives support the delivery of<br />
MOD’s Public Service Agreement<br />
objectives, both by helping ensure that<br />
current and potential future military tasks<br />
are supported by high-quality hydrographic<br />
information, and by driving down the costs<br />
to MOD of providing this support.<br />
In meeting the objectives below as a<br />
Trading Fund, the <strong>UKHO</strong> is required to<br />
make a financial return at least equivalent<br />
to its cost of capital.<br />
Objective 1 - Operational Support to the<br />
Royal Navy and other Defence<br />
Customers<br />
The <strong>UKHO</strong> provides value to Defence by<br />
delivering the hydrographic services which<br />
enable the Royal Navy and other Defence<br />
Customers to meet current and potential<br />
future operational tasks.<br />
Objective 2 - Support to ‘Safety of Life<br />
at Sea’ Treaty Obligations<br />
The <strong>UKHO</strong> provides wider value to the<br />
government, in support of the Maritime<br />
and Coastguard Agency (MCA), which is<br />
the responsible authority for the UK’s<br />
Treaty obligations; and who’s role is to
discharge efficiently and effectively those<br />
actions required to support the obligations<br />
under SOLAS 1974 (as amended and<br />
including its protocol of 1998), and to<br />
promote hydrographic services.<br />
Objective 3 - Developing Profitable<br />
Business Streams<br />
Subject to maintaining the capability to<br />
deliver against the two objectives above,<br />
the <strong>UKHO</strong> is required to extract maximum<br />
value from its assets and capabilities by<br />
generating profitable revenue from<br />
customers outside Government. In doing<br />
this, the Government expects the <strong>UKHO</strong> to<br />
develop a robust strategy for exploiting the<br />
changing commercial market for<br />
hydrographic and related geo-spatial<br />
products and services, given in particular<br />
the increasing demand for digital products.<br />
Objective 4 - Organisational Excellence<br />
In delivering the above objectives, the<br />
Government requires the <strong>UKHO</strong> to<br />
demonstrate organisational excellence.<br />
8
2. Governance Framework<br />
2.1 Key Roles<br />
The corporate governance and accountability<br />
arrangements for the <strong>UKHO</strong> draw on best<br />
practice in both the public and private sectors,<br />
and reflect its special position as both part of<br />
a Government department, and a<br />
commercial organisation.<br />
The central features of the governance<br />
arrangements are illustrated in the figure on<br />
page 12. The key roles are:<br />
• the <strong>Ministerial</strong> Owner, who sets the<br />
<strong>UKHO</strong>’s top level objectives;<br />
establishes its policy and financial<br />
framework, and approves major<br />
business decisions;<br />
• the <strong>UKHO</strong> Board, under an<br />
independent Non-Executive<br />
Chairman, which acts on behalf of<br />
the Owner in scrutinising the<br />
business plans and performance of<br />
the organisation; and<br />
• the Chief Executive, who leads and<br />
manages the <strong>UKHO</strong>.<br />
In exercising his role, the <strong>Ministerial</strong> Owner<br />
receives advice from:<br />
• CE <strong>UKHO</strong>;<br />
• departmental officials in MOD’s<br />
Directorate of Business Delivery<br />
DBD);<br />
• the <strong>UKHO</strong> Board, via its Chairman;<br />
and<br />
• an Owner’s Council comprising<br />
senior stakeholders from across and<br />
outside government.<br />
2.2 Governance Levers<br />
The principal business decisions<br />
underpinning this Governance Framework<br />
relate to the approval of the following:<br />
• the <strong>UKHO</strong>’s, top-level objectives,<br />
overall business strategy, and fiveyear<br />
Corporate Plan. These are<br />
endorsed by the Board and formally<br />
approved by the Owner;<br />
• a Business Plan, with detailed<br />
objectives and targets for the first 12-<br />
24 months of the Corporate Plan.<br />
This is approved by the Board;<br />
• annual Key Targets derived from the<br />
Business Plan, and supporting the<br />
broader Corporate Plan. These are<br />
endorsed by the Board, approved by<br />
the Owner, and published in<br />
Parliament; and<br />
• specific major business proposals<br />
requiring approval at a level higher<br />
than the Executive (for example for<br />
major investment, rationalisation, or<br />
new business ventures – see Annex<br />
E for more detail). Depending on<br />
their magnitude and wider<br />
significance, these are either<br />
approved by the Board or by the<br />
Owner (following endorsement by<br />
the Board).<br />
The <strong>UKHO</strong> Executive initiates preparation of<br />
proposals in all these areas, apart from the<br />
development and review of top-level<br />
objectives, on which the DBD leads.<br />
The most influential of the above levers is the<br />
Corporate Plan which sets out:<br />
• the strategy for meeting the <strong>UKHO</strong>’s<br />
top-level objectives over the next five<br />
years, including a full market<br />
analysis;<br />
• the main activities, investments and<br />
other decisions which will deliver this<br />
strategy;<br />
• how success will be measured,<br />
including objectives, targets and<br />
milestones;<br />
• the way in which risks to success will<br />
be managed;<br />
• the key underpinning assumptions;<br />
and<br />
• a comprehensive financial analysis<br />
and projections across the five-year<br />
period.<br />
The Corporate Plan is refreshed annually<br />
and is a commercially sensitive document.<br />
When approved by the Owner, it forms the<br />
authoritative basis against which all business<br />
decisions within the <strong>UKHO</strong> are to be taken.<br />
Approval also authorises key assumptions on<br />
which the business is entitled to plan.<br />
Individual business decisions flowing from<br />
these assumptions still require specific<br />
approval under the framework at Annex E.<br />
9
2.3 The Owner<br />
The “Owner” of the <strong>UKHO</strong> is the Under-<br />
Secretary of State for Defence and<br />
Minister for Veterans, who has delegated<br />
day-to-day <strong>Ministerial</strong> responsibility for the<br />
<strong>UKHO</strong> on behalf of the Secretary of State<br />
for Defence, who remains ultimately<br />
responsible and accountable.<br />
The Owner’s main responsibilities are: to<br />
set and review the <strong>UKHO</strong>’s top-level<br />
objectives; to establish a policy and<br />
financial framework; and to approve major<br />
business decisions, including the longterm<br />
business strategy, a five-year<br />
Corporate Plan and annual Key Targets.<br />
More detail on the Owner’s responsibilities<br />
is given at Annex G.<br />
2.4 The <strong>UKHO</strong> Owner’s Council<br />
The <strong>UKHO</strong> Owner’s Council is a group of<br />
senior stakeholders from across and outside<br />
government, which meets as necessary to<br />
discuss and advise on how the Owner should<br />
exercise his responsibilities. More detail on<br />
the Owner’s Council role and composition is<br />
given at Annex G.<br />
2.5 The <strong>UKHO</strong> Board<br />
Led by an independent, Non-Executive<br />
Chairman, the <strong>UKHO</strong> Board acts with<br />
delegated authority from the Owner. Its main<br />
role is to support and constructively<br />
challenge the Executive, and to apply<br />
scrutiny both in the development of business<br />
strategies, plans, business cases and targets;<br />
and in assessing the business performance<br />
of the <strong>UKHO</strong> in delivering the approved<br />
Corporate Plan.<br />
In discharging this role, the Board has<br />
delegated authority to approve certain<br />
categories of business decisions (set out in<br />
Annex E). On issues requiring approval by<br />
the Owner personally, the Board works with<br />
the wider Executive team in the development<br />
of recommendations, which it then<br />
scrutinises and endorses before formal<br />
advice is submitted.<br />
The <strong>UKHO</strong> Board comprises senior<br />
Executives and Non-Executive Directors<br />
(NEDs).<br />
More detail on the role and composition of<br />
the <strong>UKHO</strong> Board is given at Annex G.<br />
The <strong>UKHO</strong> Board has three key subcommittees,<br />
each chaired by a NED: the<br />
Safety of Navigation Assurance Committee,<br />
the Audit Committee and the Remuneration<br />
Committee. The remits of each of these<br />
committees are given at Annex C.<br />
2.6 The Chairman of the <strong>UKHO</strong> Board<br />
The Chairman is responsible to the Owner<br />
for leading the <strong>UKHO</strong> Board and ensuring<br />
that it is effective in discharging its role.<br />
He has delegated authority (to be<br />
exercised via the Board as a whole) to<br />
scrutinise the <strong>UKHO</strong>’s business plans and<br />
performance. He has a personal role, in<br />
advising the Owner about the high-level<br />
business issues affecting the <strong>UKHO</strong>, both<br />
directly and as a member of the Owner’s<br />
Council.<br />
More detail on the Chairman’s<br />
responsibilities is given at Annex G.<br />
2.7 The Chief Executive of <strong>UKHO</strong><br />
The role of the Chief Executive is to lead and<br />
manage the <strong>UKHO</strong> effectively in order to<br />
ensure delivery of the objectives and targets<br />
set for it by the Owner, and in particular the<br />
successful implementation of an approved<br />
Corporate Plan.<br />
Consistent with the Next Steps approach,<br />
the Chief Executive is formally<br />
accountable to the Owner for all aspects of<br />
the operation of the <strong>UKHO</strong>. In view of its<br />
delegated authority, the Chief Executive is<br />
accountable to the Board (acting on the<br />
Owner’s behalf) on issues of business<br />
strategy, plans, targets and performance,<br />
and also on major business proposals. He<br />
seeks the Board’s approval or<br />
endorsement (as appropriate) for all<br />
significant decisions in these areas, within<br />
the framework set out in Annex E.<br />
More detail on the Chief Executive’s<br />
responsibilities is given at Annex G.<br />
The Chief Executive is also appointed by Her<br />
Majesty’s (HM) Treasury as the Accounting<br />
Officer for the <strong>UKHO</strong>, and thus he has<br />
10
personal responsibility and accountability to<br />
Parliament for the propriety and regularity of<br />
the public finances under his control, for<br />
keeping proper accounts, and for the proper,<br />
efficient and effective use of available<br />
resources. As Accounting Officer, the Chief<br />
Executive may be required to appear before<br />
the Public Accounts Committee.<br />
2.8 Ministry of Defence (MOD)<br />
Within the MOD, the DBD has the day-today<br />
lead in advising the Owner on his<br />
responsibilities in relation to the <strong>UKHO</strong>.<br />
This involves balancing a range of<br />
interests which the department, and<br />
government more broadly, has in the<br />
organisation. This includes its interests as:<br />
• a major customer;<br />
• shareholder: MOD owns the public<br />
dividend capital (equity) in the<br />
<strong>UKHO</strong> and agrees its dividend<br />
policy;<br />
• finance provider: as well as<br />
owning the public dividend capital,<br />
MOD is the only source from<br />
which the <strong>UKHO</strong> can receive<br />
loans; and<br />
• sponsor of policy and standards:<br />
as part of MOD and government,<br />
the <strong>UKHO</strong> is bound by certain<br />
policies and standards. The main<br />
policies and standards are set out<br />
in Section 3.<br />
In discharging its role, DBD works closely<br />
with the <strong>UKHO</strong> Executive team, with the<br />
Board (on which it is represented as a<br />
NED), and with stakeholders in other<br />
departments and elsewhere.<br />
DBD reports to MOD’s Finance Director,<br />
whom it advises on the financial aspects of<br />
the <strong>UKHO</strong>’s relationship with the centre of<br />
the Department, including dividends and<br />
loans.<br />
MOD’s role as Owner of the <strong>UKHO</strong> is<br />
discharged as far as possible separately<br />
from that of key customer.<br />
11
= Advice/Accountability<br />
= Direction/Scrutiny<br />
Governance of <strong>UKHO</strong><br />
Owner’s<br />
Council<br />
<strong>Ministerial</strong> Owner<br />
Responsible for top-level<br />
objectives, policy and financial<br />
framework, and approving major<br />
business decisions<br />
MoD’s Directorate of<br />
Business Delivery<br />
(DBD)<br />
• Senior-level group to discuss, and advise<br />
the Owner on, setting top level objectives,<br />
policy and financial matters, and major<br />
business decisions requiring his approval.<br />
• Includes senior representatives from<br />
MoD and other Departments, and an<br />
independent external advisor, reflecting the<br />
diversity of <strong>UKHO</strong>’s services to both<br />
government and the public.<br />
• The Chief Executive is formally<br />
accountable to the Owner.<br />
• In view of its delegated authority**,the<br />
Chief Executive seeks the approval or<br />
endorsement (as appropriate) of the <strong>UKHO</strong><br />
Board on all issues of business strategy,<br />
plans, targets and performance, and on all<br />
significant business proposals.<br />
• Major business decisions need approval<br />
from the Owner.<br />
• As Accounting Officer, the Chief<br />
Executive is accountable directly to<br />
Parliament for the financial integrity of the<br />
<strong>UKHO</strong>.<br />
12<br />
Delegated<br />
Authority* *<br />
<strong>UKHO</strong> Board<br />
Executives<br />
Non-Executive<br />
Directors & Chairman<br />
Chief Executive<br />
Leads the Executive Team<br />
Responsible for leading, directing and<br />
managing the Trading Fund<br />
• Provides formal advice on all aspects of the<br />
Minister’s ownership responsibilities.<br />
• Seeks to balance all MOD’s/HMG’s<br />
different interests in <strong>UKHO</strong>*.<br />
• Represented as a NED on <strong>UKHO</strong> Board<br />
and liaises closely with senior executives.<br />
** The Board’s role is to support and<br />
constructively challenge the Executive<br />
Team. It has delegated authority from the<br />
Owner to:<br />
• scrutinise the business strategy, plans,<br />
targets and performance of the <strong>UKHO</strong>,<br />
and major business proposals<br />
• approve certain matters, for example<br />
short-term business plans. In cases<br />
where the Owner’s approval is needed,<br />
the Board should endorse the<br />
recommendation before it is made.<br />
* The distinct interests in the <strong>UKHO</strong> which<br />
MoD discharges on behalf of HMG as a whole<br />
are as major customer, shareholder, finance<br />
provider, and setter of policy and standards
3. Policy Framework<br />
3.1.1. Parliamentary Commissioner for<br />
Administration<br />
The <strong>UKHO</strong> is to conduct its affairs within the<br />
approved Corporate Plan, its Trading Fund<br />
Order, and such general instructions and<br />
guidance as the Owner, Treasury and the<br />
Cabinet Office may provide from time to time.<br />
The <strong>UKHO</strong> is also bound by policies and<br />
standards which are general across<br />
government, and by some which are more<br />
specific to MOD Trading Funds. The main<br />
non-financial elements in this framework are<br />
set out below. Policies and standards<br />
bearing on the financial management of the<br />
<strong>UKHO</strong> are set out in Section 4.<br />
3.1. Parliamentary Accountability<br />
The <strong>UKHO</strong> is subject to the jurisdiction of<br />
the Parliamentary Commissioner for<br />
Administration. The Chief Executive is<br />
responsible for the preparation of replies<br />
on any matter concerning the operation of<br />
the <strong>UKHO</strong>, and for replying in the majority<br />
of cases. He is also subject to the<br />
jurisdiction of the Information<br />
Commissioner in relation to Freedom of<br />
Information obligations.<br />
3.2. Dealing with the Public<br />
The <strong>UKHO</strong> aims to respond substantively<br />
to requests for information from the public<br />
within ten working days.<br />
The Owner will normally deal personally with<br />
inquiries from Members of Parliament (MPs);<br />
Members of the European Parliament<br />
(MEPs); Members of the National Assembly<br />
for Wales and Members of the Scottish<br />
Parliament who specifically seek a ministerial<br />
response. MPs and MEPs are, however,<br />
encouraged to communicate directly with the<br />
Chief Executive on day-to-day operational<br />
matters, keeping the Under-Secretary of<br />
State for Defence and Minister for Veterans<br />
informed as appropriate. The Owner may<br />
invite the Chief Executive to respond directly<br />
to enquiries raised with Ministers. Any letters<br />
sent by the Chief Executive in reply to<br />
Parliamentary Questions are published in the<br />
Official Report.<br />
As the Accounting Officer, the Chief<br />
Executive may be required to appear<br />
before the Public Accounts Committee<br />
(PAC).<br />
At Select Committee hearings, the Owner<br />
will normally ask the Chief Executive to<br />
represent or accompany him if the<br />
Committee is concerned with the day to<br />
day operations of the Agency. The Chief<br />
Executive will also be responsible for<br />
implementing the recommendations of the<br />
PAC or other Parliamentary Select<br />
Committees if they are accepted by the<br />
government.<br />
3.3. Delegations<br />
As a matter of policy, the Chief Executive<br />
receives delegated authority in the areas of<br />
finance, contracts, people management, pay,<br />
health, safety and environment management,<br />
and security. These are articulated in a<br />
Letter of Authority issued by MOD’s<br />
Permanent Under-Secretary of State. More<br />
details are at Annexes D to H. All<br />
delegations are vested in the Chief Executive.<br />
He may sub-delegate within the <strong>UKHO</strong>.<br />
Annex F separately details the Chief<br />
Executive’s Appointment by Treasury as<br />
Accounting Officer (see section 4.3)<br />
The personnel delegations give the Chief<br />
Executive full authority for personnel apart<br />
from posts at the Senior Civil Service grade<br />
where the Chief Executive must secure<br />
agreement to any proposals from the MOD<br />
Personnel Director or his staff.<br />
The Chief Executive has delegated authority<br />
for certain pay issues within the overall<br />
framework policy set by HM Treasury and<br />
MOD Personnel Director.<br />
3.4. Trades Unions (TUs)<br />
The Chief Executive is to ensure that staff<br />
are consulted about proposed changes to<br />
conditions of service. The <strong>UKHO</strong> will<br />
recognise the negotiating rights of the TUs<br />
on matters related to pay and conditions of<br />
service. The <strong>UKHO</strong> will engage openly and<br />
constructively with them in discussing<br />
proposals for change affecting <strong>UKHO</strong> staff.<br />
13
3.5. International Representation<br />
The Chief Executive and/or National<br />
Hydrographer represent the interests of the<br />
<strong>UKHO</strong> at national and international fora and<br />
are responsible for interacting with other<br />
national <strong>Hydrographic</strong> offices. They are also<br />
a key source of hydrographic advice to<br />
Government.<br />
3.6. Competition Law<br />
In competing with other organisations in<br />
order to maximise profitable revenue from<br />
commercial activities, the <strong>UKHO</strong> must<br />
ensure that it is – and is seen to be – fully<br />
compliant with competition legislation,<br />
including the need to avoid misusing its<br />
position as a dominant provider in certain<br />
sectors. Transparent processes are to be<br />
put in place to ensure that there is no<br />
cross-subsidy between services delivered<br />
under its different objectives set out in<br />
chapter one..<br />
3.7. Intellectual Property Rights (IPR)<br />
(Excluding Crown Copyright)<br />
The <strong>UKHO</strong>’s intellectual property is vital to<br />
the delivery of its objectives. IPR generated<br />
in the <strong>UKHO</strong> are administered in accordance<br />
with the IPR Concordat agreed between the<br />
MOD and the <strong>UKHO</strong>. The IPR (excluding<br />
Crown Copyright) in all work done by the<br />
<strong>UKHO</strong> shall be held in the name of the<br />
Secretary of Sate for Defence under the<br />
administrative and managerial control of the<br />
<strong>UKHO</strong>.<br />
3.8. Quality<br />
The <strong>UKHO</strong> is committed to providing<br />
products and services that meet customers’<br />
expectations, and that reflect the reputation<br />
of the highest quality and accuracy<br />
associated with the Admiralty brand.<br />
3.9. Policy in Relation to External<br />
Stakeholders<br />
3.9.1. HM Treasury<br />
3.9.2. Cabinet Office<br />
The <strong>UKHO</strong> will follow all relevant Cabinet<br />
Office instructions and guidance.<br />
3.9.3. The Stationery Office (TSO)<br />
Crown Copyright is vested by Royal<br />
Letters Patent in the Controller of Her<br />
Majesty’s Stationery Office (part of the<br />
Office of Public Sector Information). The<br />
Controller has delegated powers, subject<br />
to some constraints, to the Chief Executive<br />
for the day-to-day administration of<br />
copyright in the <strong>UKHO</strong> data and<br />
publications, including the determination of<br />
rules and terms under which permission<br />
for their reproduction and use is given.<br />
The Controller of Her Majesty’s Stationery<br />
Office regulates management of Crown<br />
Copyright by the TSO Information Fair<br />
Trade Scheme. The <strong>UKHO</strong> is committed<br />
to the principles of fair, open and<br />
transparent information trading embodied<br />
in the Scheme.<br />
<strong>UKHO</strong> practices in respect of the Fair Trade<br />
Scheme are subject to regular verification by<br />
TSO.<br />
3.9.4. Scotland, Wales and Northern<br />
Ireland<br />
The <strong>UKHO</strong> has responsibility for providing<br />
hydrographic and oceanographic services<br />
for the whole UK, and waters of national<br />
interest. The <strong>UKHO</strong> will maintain close<br />
links with the devolved administrations<br />
(Scottish Executive, Scottish Parliament<br />
and the Welsh Assembly).<br />
3.9.5. Department for Transport (DfT)<br />
and the Maritime and Coastguard<br />
Agency (MCA)<br />
The <strong>UKHO</strong> acts in support of the DfT<br />
shipping safety policies by contributing to the<br />
MCA Key Targets. It supports the MCA in its<br />
role as the responsible authority for the UK’s<br />
‘Safety of Life at Sea’ Treaty obligations<br />
under SOLAS. (See Objective 2 in Annex B<br />
for further details).<br />
The <strong>UKHO</strong> will comply with current HM<br />
Treasury guidance to Government<br />
departments and Trading Funds.<br />
14
3.9.6. Shareholder Executive (ShE)<br />
The role of the ShE (located in the<br />
Department for Trade and Industry but<br />
reporting to the Cabinet Secretary) is to<br />
provide specialist advice to Ministers and<br />
officials across Government on a wide range<br />
of business ownership issues. The ShE is<br />
represented on the <strong>UKHO</strong> Owner’s Council,<br />
and also provides advice, as requested, to<br />
the organisation itself and to officials in MOD.<br />
15
4. Financial Framework 4.2. Commercial Products and Services<br />
This Section sets out the broad financial<br />
basis on which the <strong>UKHO</strong> operates, and<br />
related policies and standards.<br />
4.1. Business Model<br />
<strong>UKHO</strong> creates value through the production<br />
of navigational charts, hydrographic products<br />
and associated services from a wide range<br />
and sources of information including raw<br />
hydrographic survey data. This contributes<br />
to both the UK’s obligation under SOLAS<br />
legislation as well as providing products and<br />
services valued by governmental and<br />
commercial customers.<br />
The supply of hydrographic survey data for<br />
UK and international waters are secured<br />
through agreements and contracts with a<br />
wide variety of bodies internationally<br />
including the UK Navy and overseas<br />
governmental hydrographic offices.<br />
Given the requirement to charge for all<br />
services provided, it is important that the<br />
<strong>UKHO</strong> can demonstrate compliance with<br />
competition law, and that revenue derived<br />
non-competitively from Government is not<br />
used to cross-subsidise its more<br />
‘commercial’ services and equally revenue<br />
from commercial services is not used to<br />
cross-subsidise the cost of providing<br />
statutory or cross Government services.<br />
To this end, the <strong>UKHO</strong> has adopted a<br />
business model which distinguishes<br />
clearly between these two types of<br />
customer.<br />
In the case of services provided to, or on<br />
behalf of, the Government which are not<br />
generally capable of being competed, prices<br />
are set to recover costs including a return<br />
consistent with HM Treasury guidance on the<br />
cost of capital for inter/intra departmental<br />
services. <strong>UKHO</strong> is to maintain Service Level<br />
Agreements for services provided within<br />
Government which clearly define the outputs<br />
and associated costs, and where possible<br />
provide incentives for cost-reduction and/or<br />
service enhancements.<br />
In contrast, profit margins for business which<br />
is either competed or capable of being<br />
competed are to be dictated by market<br />
conditions. This applies to competed<br />
services to Government departments.<br />
16<br />
A list of current products and services can be<br />
found on the <strong>UKHO</strong> website at<br />
www.ukho.gov.uk<br />
4.3. Accounting Officer’s Responsibilities<br />
The <strong>UKHO</strong> operates as a Trading Fund in<br />
accordance with the Government Trading<br />
Funds Act 1973 as amended, and the<br />
<strong>Hydrographic</strong> Office Trading Fund Order<br />
1996.<br />
As the Accounting Officer for the Trading<br />
Fund, the Chief Executive is bound by the<br />
provisions of his formal Letter of Appointment<br />
from HM Treasury. The provisions are at<br />
Annex F. The Chief Executive cannot subdelegate<br />
the Accounting Officer<br />
responsibilities.<br />
4.4. Major Decision Making<br />
The policy governing key financial decisions<br />
in the <strong>UKHO</strong> is set out in Annex E. This sets<br />
out the circumstances in which the Chief<br />
Executive is required to seek higher approval,<br />
either from the <strong>UKHO</strong> Board or the Owner,<br />
before a decision is taken.<br />
4.5. Annual Report and Accounts<br />
The <strong>UKHO</strong> will prepare an annual report<br />
together with a statement of accounts, in<br />
accordance with relevant guidance from HM<br />
Treasury.<br />
The Annual Report and Accounts reviews the<br />
operations of the <strong>UKHO</strong> over the previous<br />
year, provides details of performance against<br />
the objectives and targets and reviews<br />
planned developments. The Accounts will<br />
meet the accounting and disclosure<br />
requirements set by HM Treasury.<br />
The Annual Report and Accounts will be<br />
submitted to the Comptroller and Auditor<br />
General within an agreed timetable to allow<br />
for their audit and certification. The audited<br />
accounts will be laid before both Houses of<br />
Parliament. They will be published on, but<br />
not limited to, the <strong>UKHO</strong> website.<br />
4.6. Capital Structure<br />
The net assets of the <strong>UKHO</strong> Trading Fund at<br />
vesting day, 1 April 1996, were financed by a
combination of loans and Public Dividend<br />
Capital. With the concurrence of MOD and<br />
the Chief Secretary to HM Treasury, <strong>UKHO</strong><br />
has established and maintained general<br />
capital and other reserves.<br />
The <strong>UKHO</strong> should, with DBD, review its<br />
capital structure and funding requirements as<br />
part of the annual Corporate Planning<br />
process.<br />
4.6.1. Loan Funding<br />
The sole provider of loans to the <strong>UKHO</strong> is<br />
the MOD. The MOD will set loan terms on<br />
advice from HM Treasury. Where a loan is<br />
used to finance commercial services or<br />
activities rather than to provide noncompeted<br />
services to Government, the<br />
expectation is that the loan shall be made on<br />
arm’s-length commercial terms.<br />
All loans must be subject to the presentation<br />
of a timely and compelling business case<br />
built around the high-level business<br />
objectives set out in the Corporate Plan.<br />
Like all requests for funding from the<br />
Defence Budget, business cases will be<br />
subject to scrutiny by MOD Head Office.<br />
4.6.2. Income and Expenditure<br />
<strong>UKHO</strong> revenue will come from payments<br />
made by customers for its services and by<br />
other exploitation of its assets, data and<br />
intellectual property. All sums received by<br />
the <strong>UKHO</strong> will be paid into, and all<br />
expenditure incurred will be paid out of the<br />
Trading Fund.<br />
4.6.3. Return on Capital Employed<br />
(ROCE)<br />
The Owner will, with the concurrence of HM<br />
Treasury, set a ROCE target which reflects<br />
the prevailing cost of capital to Government,<br />
and the level of risk adjusted commercial<br />
return that should be generated under toplevel<br />
objective 3.<br />
4.6.4. Dividend Policy<br />
The dividend policy will be agreed by the<br />
Owner with the <strong>UKHO</strong> on an annual basis,<br />
but unless specifically agreed otherwise, the<br />
<strong>UKHO</strong> will (as a minimum) aim to cover<br />
through interest and a dividend to MOD the<br />
cost of capital charge to the Defence Budget<br />
against its net assets. The Owner retains the<br />
right to seek additional dividend payments if<br />
he/she judges that the cash position and<br />
business circumstances of the <strong>UKHO</strong> so<br />
permit, although he will consider the advice<br />
of the Board.<br />
4.6.5. Retained Earnings<br />
As soon as possible after the end of the<br />
trading year, the <strong>UKHO</strong> will calculate its net<br />
operating surplus/deficit after deduction of<br />
interest charges. This surplus may be<br />
retained in the business or paid as dividends<br />
in proportions to be approved by the Owner.<br />
The <strong>UKHO</strong> may reinvest retained earnings in<br />
the business in line with the Corporate Plan,<br />
subject to the delegations set out in Annex E.<br />
4.6.6. Assets<br />
The <strong>UKHO</strong> will retain, maintain and renew<br />
only the assets it needs for its business and<br />
will dispose of any surplus land, buildings,<br />
plant and equipment to achieve economy in<br />
its operations. Any proposals to alter<br />
significantly the assets held by the <strong>UKHO</strong> will<br />
be considered during the Corporate Planning<br />
process and endorsed by the <strong>UKHO</strong> Board.<br />
Appraisals for all major investments will be<br />
undertaken in accordance with HM Treasury<br />
guidance.<br />
The assets appointed to the Trading Fund<br />
are shown in the <strong>Hydrographic</strong> Office<br />
Trading Fund Order; changes in these assets<br />
or their valuations are indicated in the Annual<br />
Report and Accounts, and in the <strong>UKHO</strong><br />
Corporate Plan. Ownership of the assets<br />
apportioned to the <strong>UKHO</strong> remains vested in<br />
the Defence Secretary.<br />
The <strong>UKHO</strong> follows the maintenance<br />
standards laid down by Defence Estates (DE)<br />
Rules and Procedures. Any disposal of land<br />
and/or buildings should be undertaken only<br />
after consultation with DE to ensure there<br />
can be no alternative use for them.<br />
4.6.7. Liabilities<br />
The <strong>UKHO</strong> is responsible for all site liabilities<br />
occurring after vesting day. The MOD is<br />
responsible for the settlement of third-party<br />
claims in respect of incidents which occurred<br />
prior to vesting.<br />
17
4.6.8. Capital Investment<br />
The <strong>UKHO</strong> five-year capital investment<br />
programme is approved by the <strong>UKHO</strong> Board.<br />
The five-year profile is set out in the<br />
Corporate Plan. Approval of the investment<br />
programme authorises assumptions on<br />
which the <strong>UKHO</strong> is entitled to plan.<br />
Decisions on individual investments in the<br />
programme require specific approval under<br />
the framework at Annex E.<br />
4.7. Internal Audit<br />
The Chief Executive and the Audit<br />
Committee are responsible for<br />
commissioning such internal audit services<br />
and studies as may be required to ensure<br />
proper and efficient management of the<br />
<strong>UKHO</strong>’s affairs. The Chief Executive is<br />
required to discharge his responsibilities as<br />
Accounting Officer, in a manner that best<br />
demonstrates value-for-money and in<br />
accordance with the standards of the<br />
Government Internal Audit Manual.<br />
The Department’s Defence Internal Audit<br />
(DIA) has remit from the Permanent<br />
Under-Secretary of State (PUS) and the<br />
Defence Audit Committee to carry out<br />
audits on all MOD departments. They are<br />
to have continuous unrestricted access to<br />
all records, personnel, property and<br />
operations of the MOD (including Trading<br />
Funds), with strict responsibility for<br />
confidentiality and safekeeping and<br />
compliance with all statutory instruments<br />
relating to the use, retention and<br />
disclosure of data. In order that PUS can<br />
be provided with an assurance that<br />
Trading Fund Agency audit arrangements<br />
are both adequate and compliant with<br />
Government Internal Audit Standards,<br />
PUS requires a DIA representative to<br />
attend Trading Fund Audit Committee<br />
meetings, particularly where they choose<br />
not to employ the services of DIA as their<br />
internal auditor.<br />
4.8. Risk Management<br />
The <strong>UKHO</strong> operates risk management<br />
processes at all levels, from strategic risks<br />
through to project delivery. The Audit<br />
Committee reviews the risk management<br />
strategy and, in particular, assesses the<br />
adequacy of the internal controls operating<br />
within all key processes in relation to risk<br />
identification, assessment, response and<br />
monitoring.<br />
4.9. Subordinate Companies and Joint<br />
Ventures<br />
The <strong>UKHO</strong> Board must satisfy itself as to the<br />
rigour and overall effectiveness of the<br />
governance arrangements for any<br />
companies administered by the <strong>UKHO</strong> on<br />
behalf of the Secretary of State for Defence,<br />
and any Joint Ventures or other enterprises<br />
in which the <strong>UKHO</strong> has a formal financial<br />
interest. To this end, initiation of any new<br />
business enterprise will require approval<br />
from the Owner, following consultation with<br />
DBD.<br />
AHL is a Government-Owned company<br />
operating in parallel to the <strong>UKHO</strong>. It has its<br />
own Board, and is 100% owned by the<br />
Secretary of State for Defence. Its accounts,<br />
however, are consolidated annually within<br />
the <strong>UKHO</strong> accounts.<br />
The Chief Executive may choose to use<br />
the services of the DIA, or employ<br />
qualified auditors so long as they fully<br />
meet required Government and<br />
Departmental Audit standards. To remain<br />
consistent with the requirements of<br />
Government Internal Audit Standards, the<br />
Agency’s internal audit arrangements will<br />
be subject to periodic independent review.<br />
18
ANNEXES<br />
A. The <strong>Hydrographic</strong> Office Trading Fund<br />
Order 1996 and HM Treasury Minute<br />
B. The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office<br />
(<strong>UKHO</strong>) Top Level Objectives<br />
C. Terms of Reference:<br />
• Audit Committee<br />
• Remuneration Committee<br />
• Safety of Navigation Assurance<br />
Committee (SONAC)<br />
D. The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office<br />
Delegations<br />
E. Framework for Major Business Decisions<br />
F. Provisions of the Chief Executive’s Letter<br />
of Appointment as Accounting Officer<br />
G. Roles, Responsibilities and<br />
Accountabilities<br />
H. People<br />
19
Annex A – The <strong>Hydrographic</strong> Office Trading Fund Order 1996<br />
STATUTORY INSTRUMENTS<br />
1996 No. 773<br />
GOVERNMENT TRADING FUNDS<br />
The <strong>Hydrographic</strong> Office Trading Fund Order 1996<br />
Made 8th March 1996<br />
Coming into force 1st April 1996<br />
Whereas:<br />
(1) It appears to the Secretary of State for Defence ("the Secretary<br />
of State") that:—<br />
(a) those operations of the Ministry of Defence which are<br />
referred to in Article 2 of, and Schedule 1 to, this Order are<br />
suitable to be financed by means of a fund established under<br />
the Government Trading Funds Act 1973[1] ("the 1973 Act")<br />
and, in particular, to be so managed that the revenue of the<br />
fund would consist principally of receipts in respect of goods<br />
or services provided in the course of the operations in<br />
question, and<br />
(b) the financing of the operations in question by means of a<br />
trading fund would be in the interests of the improved<br />
efficiency and effectiveness of the management of those<br />
operations;<br />
(2) The Secretary of State has, in accordance with section 2 of the<br />
1973 Act and with the concurrence of the Treasury, determined what<br />
Crown assets and liabilities are properly attributable to the operations<br />
in question and are suitable to be appropriated to the fund;<br />
(3) In accordance with section 6(2) of the 1973 Act, a draft of this<br />
Order has been laid before the House of Commons and has been<br />
approved by a resolution of that House;<br />
Now, therefore, the Secretary of State in exercise of the powers<br />
conferred upon him by sections 1, 2, 2AA(1), 2A(1), 2C(1) and 6(1)<br />
of the 1973 Act, and of all other powers enabling him in that behalf,<br />
with the concurrence of the Treasury, hereby makes the following<br />
Order:—<br />
Citation and commencement<br />
1. This Order may be cited as the <strong>Hydrographic</strong> Office Trading<br />
20
Fund Order 1996 and shall come into force on 1st April 1996.<br />
Establishment of the fund<br />
2. As from 1st April 1996, for all the operations of the Ministry<br />
of Defence known as the <strong>Hydrographic</strong> Office, which operations are<br />
more particularly described in Schedule 1 to this Order, there shall be<br />
established a trading fund to be known as the <strong>Hydrographic</strong> Office<br />
Trading Fund (hereinafter referred to as "the fund").<br />
Source of loans<br />
3. The Secretary of State for Defence is hereby designated as the<br />
source of issues to the fund by way of loan.<br />
Assets, liabilities, reserves and public dividend capital<br />
4.—(1) The Crown assets and liabilities set out in Schedule 2 to<br />
this Order shall be appropriated as assets and liabilities of the fund.<br />
(2) 5.1 per cent of the amount by which the values of the assets<br />
exceed the amounts of the liabilities shall be treated as a revaluation<br />
reserve in the accounts of the fund and the reserve so treated shall be<br />
maintained as a revaluation reserve.<br />
(3) 47.3 per cent of the balance of<br />
(a) the amount by which the values of the assets exceed the<br />
amounts of the liabilities, less<br />
(b) the amount to be treated as a revaluation reserve in<br />
accordance with paragraph (2) above,<br />
shall be treated as public dividend capital of the fund.<br />
Maximum borrowing etc.<br />
5. The aggregate of the following shall not exceed £50,000,000<br />
(a) the total outstanding at any given time in respect of<br />
amounts issued to the fund under section 2B of the<br />
Government Trading Funds Act 1973 (other than as<br />
originating debt), and<br />
(b) the total at that time constituting public dividend capital<br />
issued to the fund under section 2A(2A) of that Act.<br />
Michael Portillo<br />
Secretary of State for Defence 6th March 1996<br />
We concur<br />
Simon Buras<br />
Bowen Wells<br />
Two of the Lords Commissioners of Her Majesty's Treasury 8th March 1996<br />
21
SCHEDULE 1<br />
Article 2<br />
FUNDED OPERATIONS<br />
The operations of the <strong>Hydrographic</strong> Office to be funded by the fund are:—<br />
(a) the provision of hydrographic, oceanographic, geophysical and<br />
associated goods and services to the Ministry of Defence and to other<br />
Crown bodies;<br />
(b) the provision of such goods and services to other customers;<br />
(c) operations incidental, conducive or otherwise ancillary to the<br />
foregoing.<br />
SCHEDULE 2<br />
Article 4<br />
ASSETS AND LIABILITIES APPROPRIATED TO THE FUND<br />
ASSETS<br />
Land and buildings, as at 1st April 1996, used or allocated for use in the<br />
funded operations.<br />
Plant, facilities, machinery, fixtures, fittings, vehicles, equipment and<br />
computer hardware and software, as at that date, used or allocated for use in<br />
the funded operations.<br />
Intangible assets arising from the funded operations as carried on up to that<br />
date.<br />
Current assets as at that date used or allocated for use in, or arising from, the<br />
funded operations.<br />
LIABILITIES<br />
Creditors and accruals as at 1st April 1996 in relation to the funded operations.<br />
Provision for sales credits, as at that date, referable to the return by Admiralty<br />
Chart Agents of superseded charts and publications pertaining to the funded<br />
operations.<br />
EXPLANATORY NOTE<br />
(This note is not part of the Order)<br />
This Order provides for the setting up as from 1st April 1996 of a fund with<br />
public money under the Government Trading Funds Act 1973 for the<br />
operations of the Ministry of Defence known as the <strong>Hydrographic</strong> Office.<br />
22
The Order designates the Secretary of State for Defence as the authorised<br />
lender to the fund. The Order also specifies the assets (estimated at<br />
£27,350,000) and liabilities (estimated at £800,000) which are to be<br />
appropriated to the fund; provides for a proportion of the difference in value<br />
between those assets and liabilities to be treated as a revaluation reserve and<br />
for a further proportion of that difference to be treated as public dividend<br />
capital of the fund; and specifies the maximum aggregate amount that may at<br />
any time constitute outstanding loan issued to the fund (other than as<br />
originating debt) and public dividend capital.<br />
23
UK HYDROGRAPHIC OFFICE<br />
TRADING FUND TREASURY<br />
MINUTE DATED 17 JULY<br />
2003<br />
UK HYDROGRAPHIC OFFICE<br />
TRADING FUND TREASURY<br />
MINUTE DATED 31 MARCH<br />
2004<br />
1. Section 4(1) of the Government Trading<br />
Funds Act 1973 provides that a trading fund<br />
established under that Act shall be under<br />
the control and management of the<br />
responsible Minister and in discharge of his<br />
function in relation to the fund it shall be his<br />
duty:<br />
(a) to manage the funded operations so that<br />
the revenue of the fund:<br />
(i) consists principally of receipts in<br />
respect of goods or services<br />
provided in the course of the funded<br />
operations, and<br />
(ii) is not less than sufficient, taking<br />
one year with another, to meet<br />
outgoings which are properly<br />
chargeable to revenue account; and<br />
(b) to achieve such further financial<br />
objectives as the Treasury may from time to<br />
time, by minute laid before the House of<br />
Commons, indicate as having been<br />
determined by the responsible Minister (with<br />
Treasury concurrence) to be desirable of<br />
achievement.<br />
2. A Trading Fund for the UK <strong>Hydrographic</strong><br />
Office was established on 1 April 1996<br />
under UK <strong>Hydrographic</strong> Office Trading Fund<br />
Order (SI 1996 No. 773).<br />
3. The Secretary of State for Defence, being<br />
the responsible Minister, has determined<br />
(with Treasury concurrence) that a further<br />
financial objective desirable of achievement<br />
by the UK <strong>Hydrographic</strong> Office Trading<br />
Fund for the period from 1 April 2001- to 31<br />
March 2004 shall be to at least break even<br />
year on year and achieve a return,<br />
averaged over the period as a whole, of at<br />
least 7.5 per cent in the form of a surplus on<br />
ordinary activities before interest (payable<br />
and receivable) and dividends expressed as<br />
a percentage of average capital employed.<br />
Capital employed shall equate to the total<br />
assets from which shall be deducted the<br />
total of the current liabilities.<br />
1. Section 4(1) of the Government Trading<br />
Funds Act 1973 provides that a trading fund<br />
established under that Act shall be under<br />
the control and management of the<br />
responsible Minister and in discharge of his<br />
function in relation to the fund it shall be his<br />
duty:<br />
(a) to manage the funded operations so that<br />
the revenue of the fund:<br />
(i) consists principally of receipts in<br />
respect of goods or services<br />
provided in the course of the funded<br />
operations, and<br />
(ii) is not less than sufficient, taking<br />
one year with another, to meet<br />
outgoings which are properly<br />
chargeable to revenue account; and<br />
(b) to achieve such further financial<br />
objectives as the Treasury may from time to<br />
time, by minute laid before the House of<br />
Commons, indicate as having been<br />
determined by the responsible Minister (with<br />
Treasury concurrence) to be desirable of<br />
achievement.<br />
2. A Trading Fund for the UK <strong>Hydrographic</strong><br />
Office was established on 1 April 1996<br />
under UK <strong>Hydrographic</strong> Office Trading Fund<br />
Order (SI 1996 No. 773).<br />
3. The Secretary of State for Defence, being<br />
the responsible Minister, has determined<br />
(with Treasury concurrence) that a further<br />
financial objective desirable of achievement<br />
by the UK <strong>Hydrographic</strong> Office Trading<br />
Fund for the 5-year period from 1 April 2004<br />
to 31 March 2009 shall be to achieve a<br />
return, averaged over the period as a whole,<br />
of 9.0 per cent in the form of a surplus on<br />
ordinary activities before interest (payable<br />
and receivable) and dividends, expressed<br />
as a percentage of average capital<br />
employed. Capital employed shall equate to<br />
the capital and reserves, ie Public Dividend<br />
Capital, long-term element of Exchequer<br />
loans, and reserves.<br />
24
Annex B – The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office (<strong>UKHO</strong>)<br />
Top-Level Objectives<br />
Objective 1 - Operational Support to the Royal Navy and other Defence Customers<br />
The <strong>UKHO</strong> provides value to Defence by delivering the hydrographic services which enable<br />
the Royal Navy and other Defence Customers to meet current and potential future operational<br />
tasks. To achieve this, the <strong>UKHO</strong> will:<br />
• Provide the navigational, oceanographic and hydrographic products, the services and the<br />
advice that the UK armed forces require for the success of operations and tasks; and<br />
• Work with the MOD to define and develop the digital products and services that will be<br />
required to replace paper charts and publications.<br />
Objective 2 - Support to ‘Safety of Life at Sea’ Treaty Obligations<br />
The <strong>UKHO</strong> provides wider value to the government, in support of the Maritime and<br />
Coastguard Agency, which is the responsible authority for the UK’s Treaty obligations; its role<br />
is to discharge efficiently and effectively those actions required in order to support these<br />
obligations under the <strong>United</strong> Nations International Convention for the Safety of Life at Sea<br />
1974 (as amended and including its protocol of 1998), and to promote hydrographic services.<br />
To achieve this, the <strong>UKHO</strong> will:<br />
• act as co-ordinator for North-West Europe (NAVAREA One), co-ordinating, collating and<br />
issuing long-range navigational warnings and NAVAREA warning bulletins to cover the<br />
whole of NAVAREA One;<br />
• act as the national co-ordinator for the UK, collating and issuing coastal warnings;<br />
• arrange for the collection and compilation of hydrographic data and the publication,<br />
dissemination and keeping up-to-date of all nautical information necessary for safe<br />
navigation;<br />
• prepare and issue nautical charts and nautical publications, where applicable, satisfying<br />
the needs of safe navigations;<br />
• promulgate notices to mariners in order that nautical charts and publications are kept, as<br />
far as possible, up-to-date; and<br />
• providing advice on areas requiring surveying.<br />
Objective 3 - Developing Profitable Business Streams<br />
Subject to maintaining the capability to deliver against the two objectives above, the <strong>UKHO</strong> is<br />
required to extract maximum value from its assets and capabilities by generating profitable<br />
revenue from customers outside Government. In doing this, the Government expects the<br />
<strong>UKHO</strong> to develop a robust strategy for exploiting the changing commercial market for<br />
hydrographic products and services, given in particular the increasing demand for digital<br />
products.<br />
25
Objective 4 - Organisational Excellence<br />
In delivering the above objectives, the Government requires the <strong>UKHO</strong> to demonstrate<br />
organisational excellence by:<br />
• ensuring all obligations, contractual or otherwise, to its customers and suppliers are met<br />
in line with Government policy;<br />
• operating its business to the recognised Industry standards required by customers;<br />
• providing a working environment that fosters diversity, leadership, personal development,<br />
innovation and team working; and<br />
• delivering its outputs as efficiently and effectively as possible, and ensuring that all<br />
expenditure and investment represents good value-for-money.<br />
26
Annex C – Terms of Reference for the <strong>UKHO</strong> Audit Committee,<br />
Remuneration Committee and Safety of Navigation Assurance<br />
Committee (SONAC)<br />
<strong>UKHO</strong> AUDIT COMMITTEE<br />
TERMS OF REFERENCE<br />
Purpose<br />
1. The responsibility for the System of Internal Control rests with the Accounting Officer.<br />
The Audit Committee is a sub-committee of the UHKO Board. It supports the Board and<br />
Accounting Officer by: reviewing and assessing the adequacy and integrity of risk<br />
management and internal controls within all key processes in relation to risk identification<br />
assessment, response and monitoring, and promoting their improvement; and providing<br />
an opinion on how well the Board and Accounting Officer are supported in decision taking<br />
and in discharging their accountability obligations (particularly in respect of financial<br />
reporting).<br />
Membership<br />
2. The Chairman and members of the Audit Committee shall be appointed from nonexecutive<br />
members of the <strong>UKHO</strong> Board including an Owner’s Representative, with a<br />
quorum of two members.<br />
3. The Secretary shall be appointed by the Audit Committee and provided by the <strong>UKHO</strong>.<br />
Meetings<br />
4. The Audit Committee shall meet at least four times yearly and at such times as requested<br />
by external or internal auditors.<br />
5. The Head of Finance, Strategy & Technology will normally attend meetings of the Audit<br />
Committee. Other members of the <strong>UKHO</strong> Board have the right to attend meetings.<br />
6. The Audit Committee may, if it so decides, meet with external and internal auditors<br />
without <strong>UKHO</strong> staff present.<br />
Authority and Responsibility<br />
7. The Audit Committee is authorised to investigate and report on any activity within these<br />
Terms of Reference and has the right to access the information it requires from civilian or<br />
service personnel employed by the <strong>UKHO</strong>. It can require their attendance when<br />
necessary.<br />
8. While the Audit Committee has the responsibilities set out in these terms of reference, it<br />
is not the duty of the Audit Committee to plan or conduct audits or to determine that the<br />
<strong>UKHO</strong>’s financial statements are complete, accurate and in accordance with GAAP or the<br />
Accounts Direction issued by HM Treasury. The NAO and internal auditors are<br />
responsible for planning and conducting audits. The Accounting Officer and <strong>UKHO</strong><br />
management are responsible for preparing complete, accurate financial statements in<br />
accordance with GAAP and Treasury Guidance.<br />
9. Since MOD’s Defence Internal Audit (DIA) has remit from the Permanent Under-<br />
Secretary of State (PUS) and the Defence Audit Committee to carry out audits on all<br />
MOD departments, they are to have continuous unrestricted access to all records,<br />
personnel, property and operations of the <strong>UKHO</strong> and in order to provide assurance to the<br />
PUS on matters of Internal Audit a DIA representative shall attend Audit Committee<br />
meetings.<br />
27
Duties<br />
10. The primary duties of the Audit Committee (among others) are to :-<br />
a. review the <strong>UKHO</strong>’s external financial statements, policies and reports to ensure they<br />
reflect best practice;<br />
b. discuss with the external auditor the nature and scope of each forthcoming audit and<br />
ensure that the external auditor has the full cooperation of staff;<br />
c. consider all relevant reports by the NAO or the appointed external auditor, including<br />
reports on the <strong>UKHO</strong>’s accounts, achievement of value for money and the response<br />
to any management letters;<br />
d. review the effectiveness of the <strong>UKHO</strong>’s internal risk management and control system<br />
established to ensure that the aims, objectives and relevant targets are achieved in<br />
the most economic and effective manner;<br />
e. review the annual and long term programme of the <strong>UKHO</strong>’s internal audit function for<br />
comprehensiveness and appropriateness;<br />
f. ensure the <strong>UKHO</strong> internal audit function meets acceptable standards of work and<br />
levels of service;<br />
g. consider and comment upon internal audit reports, including value for money reports,<br />
and their implementation;<br />
h. receive reports from the Safety of Navigation Assurance Committee on assurance<br />
matters relating to their terms of reference;<br />
i. review with senior <strong>UKHO</strong> management their response to the identification and<br />
management of risk within their area of responsibility;<br />
j. consider and comment upon any other matters relating to the financial and<br />
commercial affairs of the <strong>UKHO</strong> that it deems appropriate;<br />
k. review <strong>UKHO</strong> business continuity arrangements annually to ensure they meet MOD<br />
guidelines;<br />
l. review <strong>UKHO</strong> annual Security Report to ensure physical security of the <strong>UKHO</strong><br />
premises, assets (including IP) and data meet appropriate commercial and MOD<br />
guidelines;<br />
m. review these terms of reference annually.<br />
11. The references to the <strong>UKHO</strong> in paragraph 9 above shall refer, as required, to Admiralty<br />
Holdings Limited and its subsidiaries.<br />
Reporting<br />
12. The chairman of the Audit Committee will report to the <strong>UKHO</strong> board on the discharge of<br />
its duties following each meeting and also to the Accounting Officer when control issues<br />
arise between meetings. Additionally the chairman of he Audit Committee is required to<br />
make a written annual report to the Accounting Officer in support of his/her<br />
representations in the <strong>UKHO</strong> Annual Report.<br />
13. The Secretary shall circulate minutes of the Audit Committee meetings to the members of<br />
the <strong>UKHO</strong> Board.<br />
Approval<br />
14. These Terms of Reference were approved by the <strong>UKHO</strong> Board on 27 June 2007<br />
28
<strong>UKHO</strong> REMUNERATION COMMITTEE<br />
TERMS OF REFERENCE<br />
1. Overall purpose<br />
1.1. The Remuneration Committee of the <strong>UKHO</strong> Board. It exists to advise the<br />
<strong>UKHO</strong> Chairman, Chief Executive and Board on matters relating to remuneration as set<br />
out in this document.<br />
1.2. These Terms of Reference have been written to reflect the various<br />
remuneration structures in place within <strong>UKHO</strong> at the time of writing, but it is envisaged<br />
that these will be updated as appropriate.<br />
1.3. The Remuneration Committee will work within MOD and other HMG guidelines<br />
as appropriate.<br />
2. Membership<br />
2.1. Members of the Committee shall be appointed by the Board. The Committee<br />
shall be made up of at least three members and one shall be appointed to act as<br />
Chairman.<br />
2.2. One member shall be the Shareholder’s representative, and all other members<br />
shall be independent non-executive members of <strong>UKHO</strong>’s Board.<br />
2.3. Only members of the Committee have the right to attend Committee meetings<br />
but other individuals (e.g. Chairman, Chief Executive and Head Change, Development<br />
and HR) may be invited to attend all or part of any meeting as appropriate.<br />
3. Secretary<br />
3.1. The Secretary shall be appointed by the Remuneration Committee and provided<br />
by the <strong>UKHO</strong>. The Secretary of the Committee will keep full minutes of all Committee<br />
meetings and circulate draft and final versions to all Members for their comment and<br />
records respectively, in both cases within a reasonable time after the meeting<br />
4. Quorum<br />
4.1. The quorum necessary for the transaction of business shall be two members.<br />
5. Frequency of Meetings<br />
5.1. The Committee shall meet at least twice a year with additional meetings to be<br />
held should the committee so request.<br />
6. Reporting<br />
5.2. It is envisaged that meetings will be timed around <strong>UKHO</strong> Board meetings where<br />
possible.<br />
6.1. For the Chief Executive, the Remuneration Committee will report, alongside the<br />
<strong>UKHO</strong> Chairman, directly to his 1 st Reporting Officer.<br />
6.2. For the Board members, the Remuneration Committee will report, alongside the<br />
<strong>UKHO</strong> Chairman, to the Chief Executive.<br />
6.3. For all other staff detailed in Annex A the Remuneration Committee will report to<br />
the <strong>UKHO</strong> Board.<br />
(N.B. Consistent with Civil Service principles there must be a formal TU<br />
agreement for each of the posts outside the SCS or <strong>UKHO</strong> Pay<br />
Agreement to be covered by these arrangements).<br />
7. Duties<br />
7.1. Determine and agree the framework and broad policy for the remuneration<br />
packages of positions referred to in Annex A and the establishment of a formal and<br />
transparent procedure for developing policy on such remuneration.<br />
29
Note: FTA Senior Civil Service members will have their targets and performance reviewed by<br />
the Committee and recommendations made to their respective Reporting Officers.<br />
7.2. Consider and recommend an appropriate performance based remuneration<br />
scheme for the posts listed in Annex A with reference to corporate goals and objectives.<br />
7.3. Keep any agreed performance schemes for the Heads of Divisions under<br />
regular review, including the review of targets and setting of hurdle rates. The degree of<br />
challenge within the hurdle rates to be transparently communicated to those staff<br />
holding posts agreed in Annex A.<br />
7.4. Review and endorse objectives for staff in posts in Annex A as proposed by the<br />
Chief Executive.<br />
7.5. Based on recommendations from the Chief Executive, consider individual<br />
performance and recommend related bonus payments for the staff in posts listed in<br />
Annex A.<br />
7.6. The Committee shall advise on and recommend all new sales reward plans for<br />
posts in Annex A and sales related incentives as a part of their remuneration structure.<br />
7.7. To agree in advance, based on Chief Executives recommendations, the reward<br />
parameters applicable to or any significant revision to existing posts listed in Annex A.<br />
7.8. Consider and advise on any other remuneration and conditions of employment<br />
issues as directed by or requested by the <strong>UKHO</strong> Chairman or the <strong>UKHO</strong> Chief<br />
Executive.<br />
7.9. The Committee shall ensure it remains aware of relevant MOD and HMG<br />
guidance on terms and conditions of employment and remuneration matters.<br />
8. Other<br />
8.1. No Head of Division shall be involved in the determination of his/her own<br />
remuneration package<br />
8.2. The Committee has responsibility for the selection, appointment, terms of<br />
reference and dealings with any remuneration consultants who advise the Committee.<br />
8.3. The Chairman of the Committee shall report to the Board on its proceedings<br />
following each meeting.<br />
8.4. The Committee itself and the Board shall at least once a year review the<br />
performance of the Committee and its Terms of Reference to ensure that it is operating<br />
at maximum effectiveness and recommend any changes it considers necessary to the<br />
Board for approval.<br />
9. Authorities<br />
The Committee is authorised:<br />
9.1. to seek any relevant information it requires from any employee of <strong>UKHO</strong> or its<br />
subsidiaries in order to perform its duties<br />
10. Approval<br />
9.2. to obtain, at the <strong>UKHO</strong>’s expense, outside legal or other professional advice on<br />
any matter within its terms of reference<br />
9.3. to call any employee to provide information or evidence at a meeting of the<br />
Committee as and when required.<br />
These terms of reference were approved by the <strong>UKHO</strong> Board on 27 June 2007.<br />
30
ANNEX A<br />
Post<br />
Chief Executive<br />
Head of Change,<br />
Development and Human Resources<br />
Head of Finance, Strategy & Technology &<br />
DCE (Corporate)<br />
Head of Sales, Marketing and Customer<br />
Services<br />
Head of<br />
Operations and Production<br />
Post<br />
Sales Manager<br />
International Sales Manager<br />
Major Account Manager<br />
RemCo<br />
Responsibility<br />
Bonus<br />
Bonus<br />
Bonus<br />
Bonus<br />
(Incentivised Bonus<br />
Scheme agreed )<br />
Bonus<br />
RemCo<br />
Responsibility<br />
RRA and Bonus<br />
(Incentivised Bonus<br />
Scheme agreed)<br />
RRA and Bonus<br />
(Incentivised Bonus<br />
Scheme agreed)<br />
RRA and Bonus<br />
(Incentivised Bonus<br />
Scheme agreed)<br />
C1 Post<br />
CDH<br />
Development Manager<br />
HR and Learning Manager<br />
Site Strategy Manager<br />
FST<br />
Safety and Quality Manager<br />
Chief Financial Officer<br />
Joint Venture Company Secretary<br />
Head of Profession<br />
OCE<br />
International Partnering Programme Mgr<br />
OPD<br />
Defence Account Manager<br />
Process & Structure Development Manager<br />
Production and Delivery Manager<br />
Defence Business Manager<br />
Head of SOLAS Paper Products<br />
Data Operations Manager<br />
SMCS<br />
Marketing Manager<br />
Business Development Manager<br />
Services Manager<br />
RemCo Responsibility<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
Salary+ RRA and Bonus<br />
Salary and Bonus<br />
Salary and Bonus<br />
31
Exit Compensation<br />
Compensation for <strong>UKHO</strong> Civil Servants is in accordance with the Civil Service Compensation<br />
Scheme.<br />
The Civil Service Compensation Scheme 1994 was laid before Parliament on 9 January 1995<br />
under section 1 of the Superannuation Act 1972. The latest amendment to the scheme were<br />
laid before Parliament in July 2006 but further amendments are thought likely following Age<br />
Diversity Legislation and the expected new Pension schemes.<br />
The payments depend on which scheme the individual is a member of. The current booklets are<br />
embedded below but links to both schemes have been added as the schemes are currently<br />
being reviewed by Cabinet Office.<br />
Classic Scheme members ( must have been employed prior to new pension scheme in 2002 )<br />
http://www.civilservicepensions.gov.uk/upload/assets/www.civilservice_pensions.gov.uk/errc_06.pdf<br />
Errc_06.pdf<br />
errcpp_06.pdf<br />
Nuvos Scheme (Post 30June 2007)<br />
Premium Scheme (2002-June 30 2007)<br />
http://www.civilservicepensions.gov.uk/upload/assets/www.civilservice_pensions.gov.uk/errcpp_06.pdf<br />
http://www.civilservicepensions.gov.uk/upload/assets/www.civilservice_pensions.gov.uk/publications/NS_PCO_07.pdf<br />
32
<strong>UKHO</strong> SAFETY OF NAVIGATION ASSURANCE COMMITTEE (SONAC)<br />
TERMS OF REFERENCE<br />
Role<br />
1. The SONAC, chaired by a Non-executive Director with experience of navigation and<br />
hydrographic survey, is an advisory sub-committee of the <strong>UKHO</strong> Board. It sits alongside the<br />
Audit Committee (AC) in reviewing the work and procedures of the <strong>UKHO</strong> and advising the<br />
Chief Executive (CE). Its focus is on key <strong>UKHO</strong> activities related to the provision of<br />
information for safety of navigation. It has no executive responsibilities.<br />
Constitution<br />
2. The Committee will be formed as follows:<br />
Chair:<br />
Secretary:<br />
Members:<br />
Non-executive Director (Captain (HM)/Hydrographer of the<br />
Navy)<br />
Provided by the Safety and Quality Branch<br />
Maritime and Coastguard Agency (MCA) Representative<br />
Nautical Institute (NI) Representative<br />
Royal Navy Representative from the Navigation Specialisation<br />
(NAAB approved)<br />
Royal Yachting Association (RYA) Representative<br />
Royal National Lifeboat Institution (RNLI) Representative<br />
In attendance: Safety & Quality Manager<br />
Also members of the following branches as required:<br />
Safety & Quality Branch<br />
Operations Support (Standards) Branch<br />
Frequency of Meeting<br />
3. The Committee will meet quarterly.<br />
Authority<br />
4. The Committee is a non-executive body which reports to the CE and the <strong>UKHO</strong><br />
Board. It has delegated authority from CE to make recommendations on any matters which<br />
improve the support of the <strong>UKHO</strong> for navigational safety.<br />
5. The Committee has the authority to call for any information it requires from civilian or<br />
service personnel employed by the <strong>UKHO</strong> and can require attendance when necessary.<br />
Responsibilities<br />
6. The primary responsibility of the SONAC is to advise the CE and the <strong>UKHO</strong> Board on<br />
the effectiveness of arrangements to ensure that existing and proposed safety of navigation<br />
products, services and delivery mechanisms meet all standards for validation, assessment,<br />
data selections for promulgation, quality assurance, publication and transmission to the point<br />
of sale or distribution. In particular the Committee is tasked as follows:<br />
a. to satisfy itself that:<br />
(1) investigation of incidents and complaints, and improvement actions<br />
following incidence of Non-Conforming Products (NCPs) relating to safety are<br />
being handled correctly and in a timely fashion;<br />
33
Reporting<br />
(2) systematic follow-up procedures for such incidents or complaints are in<br />
place.<br />
b. to review and quality assure the activities of the Products Safety<br />
Management Board; and<br />
c. to review the maintenance of the bearing, qualifications, recruitment and<br />
training of specialist mapping and charting staff by the Head of Profession (Mapping<br />
and Charting).<br />
7. The Chairman of the Committee will report to the CE at the <strong>UKHO</strong> Board on the<br />
discharge of its duties following each meeting, and also when issues of safety arise between<br />
meetings.<br />
8. The CE will ensure that any issue involving a possible shortfall in the safety of<br />
navigation products, services and/or delivery mechanisms is immediately reported to the<br />
chairman of the SONAC.<br />
9. A standing item on the AC agenda requires the Chairman of SONAC to provide<br />
feedback on pertinent assurance matters.<br />
Approval<br />
10. These Terms of Reference were approved by the <strong>UKHO</strong> Board on 27 June 2007<br />
34
Annex D – The <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office Delegations<br />
Financial<br />
The Chief Executive (CE) is authorised to exercise full financial authority delegated to the MOD<br />
by Her Majesty’s (HM) Treasury.<br />
Financial authority is delegated to the CE as Accounting Officer by HM Treasury (see Annex F).<br />
This authority, which may be sub-delegated to suitably qualified members of staff, must be<br />
exercised in accordance with HM Treasury guidance, reinforced and amplified by <strong>UKHO</strong><br />
internal guidance on the efficient conduct of business. All novel or contentious items, or<br />
issues raising questions of financial principle, must be referred to HM Treasury for approval<br />
regardless of the sums involved. The CE should consult with MOD finance staff before<br />
approaching HM Treasury on matters of financial principle, as distinct from individual<br />
casework. The Owner should also be consulted if a proposed course of action could have<br />
wider implications for the government, or could generate interest in Parliament.<br />
Audit<br />
The CE is to ensure that <strong>UKHO</strong> systems and procedures are subject to regular audit to the<br />
standards required in the Government Internal Audit Manual. Whilst normally these audits<br />
are to be conducted by the Department’s Directorate of Internal Audit, the CE may, however,<br />
choose to employ qualified auditors, so long as they fully meet required Government and<br />
Departmental Audit standards. In exceptional circumstances an independent review of the<br />
Agency’s internal audit arrangements may be required.<br />
Contractual<br />
The CE is authorised to enter contractual commitments on behalf of the Owner, provided<br />
financial approval has been obtained where necessary. Contracts will conform to HM Treasury<br />
and MOD guidance and HM Governmental purchasing policy and will follow best contracting<br />
practice.<br />
The CE should ensure that, when delegating authority to members of his/her staff, financial and<br />
contracting authority is not vested in the same individual.<br />
Management of People<br />
Within the terms of the Framework Document the CE is responsible for the management of staff<br />
and for developing and implementing personnel policies to meet the needs of the Agency and<br />
for ensuring the quality and consistency of Agency personnel standards and practices. The CE<br />
may exercise the authority in personnel matters in accordance with the principles and standards<br />
laid down in the Civil Service Management Code for the management of the Civil Service as a<br />
whole and in accordance with the principles governing the management of staff throughout the<br />
Department. Attention is drawn to the Department’s Personnel Policy Statement directed at all<br />
staff and their line managers. In any cases where changes are envisaged to <strong>UKHO</strong> personnel<br />
policy or practice that might have wider implications for the rest of the Department, the CE<br />
should discuss these with MOD’s personnel staff. A detailed list of personnel delegations is at<br />
Annex H.<br />
35
Health, Safety and Environmental Management<br />
The Secretary of Sate for Defence has a Policy Statement on Safety, Health and Environmental<br />
Protection, which is kept under constant review.<br />
This Policy Statement makes the CE responsible for ensuring that its strategic principles are<br />
achieved and for putting in place an organisation and arrangements to ensure this is in<br />
accordance with the General Duties set out in the Policy Statement. The CE should<br />
continually strive for excellence in safety and environmental performance to provide a safe<br />
and healthy workplace, and to protect defence assets, the environment, and members of the<br />
public.<br />
In order to ensure that the <strong>UKHO</strong> remains a healthy, secure and safe working environment, the<br />
CE will require that appropriate procedures be put in place. These procedures are to be<br />
enshrined in systems that are made available to all staff and other interested parties, are fully<br />
utilised in the planning and conduct of activities, and are routinely and regularly audited.<br />
Regular risk assessment of all <strong>UKHO</strong> activities [and those of any associated joint ventures and<br />
partnerships] will take place to ensure continued improvement in all areas of workplace safety<br />
and security.<br />
Security<br />
The CE is responsible to the Secretary of State for Defence for meeting the security<br />
requirements specified by the MOD Security Officer. The <strong>UKHO</strong> will be subject to periodic<br />
security audit and report by the MOD.<br />
The CE is required to nominate a senior business manager (if practicable a member of the<br />
Management Board) as Trading Fund Security Risk Manager (SRM). The SRM is<br />
responsible for ensuring that the <strong>UKHO</strong> implements security risk management in line with<br />
MOD security policy and corporate governance, and for advising the Management Board on<br />
security risks that require Board level attention. The CE is also to appoint a Trading Fund<br />
Principal Security Adviser to manage corporate security staff and to provide security advice to<br />
the Management Board, the Security Risk Manager and delegated Risk Managers.<br />
36
Annex E – Framework for Major Business Decisions<br />
This Annex sets out the basis on which major business decisions within the <strong>United</strong> <strong>Kingdom</strong><br />
<strong>Hydrographic</strong> Office (<strong>UKHO</strong>) are to be approved.<br />
Strategy and Five-Year Corporate Plan<br />
Drafts of these are to be developed by the Executive team, scrutinised and endorsed by the<br />
<strong>UKHO</strong> Board, and submitted to the Owner for approval. Approval authorises the key<br />
assumptions on which the business is entitled to plan. Individual business decisions flowing<br />
from these assumptions still require approval under the framework as set out below.<br />
At his discretion, the Owner may seek advice from the <strong>UKHO</strong> Owner’s Council. The<br />
Corporate Plan is to be refreshed annually under the same approvals process.<br />
Business Plan<br />
This should cover the first 12-24 months of the Corporate Plan period. It is developed by the<br />
Executive Team, and is to be scrutinised and approved by the <strong>UKHO</strong> Board.<br />
Annual Key Targets<br />
Drafts of these are to be developed by the Executive team, scrutinised and endorsed by the<br />
<strong>UKHO</strong> Board, and submitted to the Owner for approval, together with a rationale paper<br />
demonstrating that they flow from the Business Plan, are stretching but achievable, and will<br />
drive delivery of the Corporate Plan.<br />
Specific Major Business Proposals<br />
All novel or contentious items, or those with wider implications for the Department or likely to<br />
generate public or Parliamentary interest, are to be submitted to the Owner for approval with<br />
reference to the financial value involved. Before this is done <strong>UKHO</strong> staff should, in first<br />
instance, consult with the MOD’s Directorate of Business Delivery. Her Majesty’s Treasury<br />
approval will be needed on all issues raising matters of financial principle.<br />
The financial approval thresholds in relation to other decisions are set out in the table<br />
following. Where projects, programmes or other relevant items comprise discrete subelements,<br />
it is the overall cost to which the limits apply.<br />
37
Table 1 – Approval Thresholds<br />
The following thresholds will be reviewed from time to time by the Owner in conjunction with<br />
the Chairman and Chief Executive.<br />
1<br />
Type of Expenditure or other<br />
item<br />
Capital Expenditure (excluding<br />
property) included in the Corporate<br />
Plan.<br />
Capital Expenditure (excluding<br />
property) not included in, or going<br />
beyond, the Corporate Plan.<br />
Non-Capital Investment and<br />
Expenditure (excluding property)<br />
included in the Corporate Plan<br />
Non-Capital Investment and<br />
Expenditure (excluding property)<br />
not included in, or going beyond,<br />
the Corporate Plan.<br />
Expenditure on Land and<br />
Buildings<br />
Limit above which the Chief<br />
Executive must seek the<br />
Board’s approval, or<br />
endorsement prior to<br />
submission to the Owner<br />
Limit above which the Owner’s<br />
approval must be sought<br />
£1,000,000 £3,000,000<br />
£250,000 £1,000,000<br />
£1,500,000 £3,000,000<br />
£500,000 £1,000,000<br />
£250,000 £1,000,000<br />
Table 2 – Other Financial Commitments<br />
Type of financial commitment<br />
Actions leading to Write-Offs/Write<br />
Downs<br />
Limit above which the Chief<br />
Executive must consult the<br />
Board<br />
Limit above which the Chief<br />
Executive must consult the Owner<br />
£500,000 £1,000,000<br />
Loan applications £500,000 £2,000,000<br />
*<br />
Special Payments £250,000 N/A<br />
External Assistance (annual limit<br />
per contract)<br />
£250,000 N/A<br />
*<br />
Table 3 – Bids & Sales Contracts<br />
Type of financial commitment<br />
Binding bids and sales contracts<br />
included in the Corporate Plan<br />
Binding bids and sales contracts<br />
not included, or going beyond the<br />
scope of the Corporate Plan<br />
Limit above which the Chief<br />
Executive must consult the<br />
Board<br />
Limit above which the Chief<br />
Executive must consult the Owner<br />
£2,500,000 £5,000,000<br />
£1,500,000 £3,000,000<br />
1 All expenditure should be subject to the <strong>UKHO</strong>’s own internal approvals processes – e.g.,<br />
the Project Approvals Board.<br />
* The Board should determine for individual cases whether consultation with the Owner is<br />
required.<br />
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Annex F – Provisions of the Chief Executive’s Letter of Appointment<br />
as Accounting Officer<br />
The appointment as Accounting Officer is in accordance with section 4 (6) of the Government<br />
Trading Fund Act 1973.<br />
In essence, as an Accounting Officer the Chief Executive must ensure that there is a high<br />
standard of financial management, including a sound system of internal control; that financial<br />
systems and procedures promote the efficient and economical conduct of business and<br />
safeguard financial propriety and regularity; that financial considerations are fully taken into<br />
account in decisions on policy proposals; and risk is considered in relation to assessing value<br />
for money.<br />
The Memorandum setting out the responsibilities of an Accounting Officer (Annex 4.1 of<br />
Government Accounting) is available online at<br />
http://www.government-accounting.gov.uk/current/frames.htm.<br />
Section 4(6)(a) of the Government Trading Funds Act also applies, requiring that the Accounting<br />
Officer shall be responsible for the preparation of the <strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office<br />
Trading Fund Accounts, in accordance with the accounting direction issued by Her Majesty’s<br />
Treasury, and for their transmission to the Comptroller and Auditor General.<br />
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Annex G – Roles, Responsibilities and Accountabilities<br />
1 – OWNER’S RESPONSIBILITIES AND ACCOUNTABILITIES<br />
Responsibilities:<br />
On advice from the Chief Executive (CE), departmental advisers and the <strong>United</strong> <strong>Kingdom</strong><br />
<strong>Hydrographic</strong> Office (<strong>UKHO</strong>) Board, and in consultation as necessary with the <strong>UKHO</strong> Owner’s<br />
Council, and other relevant customers and stakeholders across government, to:<br />
• set and review, coherent and prioritised top-level objectives which balance the<br />
government’s customer, shareholder, finance provider, and policy interests in the <strong>UKHO</strong>;<br />
• approve the long-term business strategy for achieving the top-level objectives;<br />
• approve the five-year Corporate Plan for delivering the strategy;<br />
• approve annual Key Targets for the <strong>UKHO</strong>, which are stretching but achievable, and will<br />
drive delivery of the Corporate Plan;<br />
• define the policy and finance framework within which the CE is to operate;<br />
• satisfy himself that the <strong>UKHO</strong> Board is working effectively, under delegated authority, on<br />
his behalf to:<br />
o<br />
o<br />
o<br />
o<br />
scrutinise the business strategies, plans, targets and performance, to ensure the<br />
approved Corporate Plan is being effectively implemented;<br />
approve major business decisions which do not need his personal involvement;<br />
develop, scrutinise and endorse advice to him on issues which require his<br />
personal approval (i.e. those with significant financial, operational and/or<br />
presentational consequences, including major investments, rationalisations,<br />
acquisitions and any novel or contentious issues – see Annex E); and<br />
Provide appropriate support and constructive challenge to the CE and the senior<br />
Executive Team in delivering the Corporate Plan;<br />
• account to Parliament for all aspects of policy, the operation, performance, achievements,<br />
and governance of the <strong>UKHO</strong>. (N.B. This is the <strong>Ministerial</strong> accountability function, and is<br />
different from the Accounting Officer role attaching to the CE – see Annex F). This<br />
includes announcing Key Performance Targets to Parliament;<br />
• approve the appointment of the Chairman of the <strong>UKHO</strong> Board, following normal selection<br />
procedures;<br />
• endorse the appointment of the CE, following normal selection procedures; and<br />
• on appropriate advice, determine the CE’s performance pay and that of other senior<br />
executives as appropriate.<br />
Accountability:<br />
• to the Defence Secretary; and<br />
• to Parliament.<br />
2 – ROLE AND COMPOSITION OF THE <strong>UKHO</strong> OWNER’S COUNCIL<br />
Role: As required, to provide advice and assistance to the Owner in:<br />
40
• setting coherent and prioritised top-level objectives which balance the government’s<br />
customer, shareholder, finance provider, and policy interests in the <strong>UKHO</strong>;<br />
• approving the long-term business strategy for achieving the top level objectives;<br />
• approving the five-year Corporate Plan for delivering the strategy;<br />
• approving annual Key Targets for the <strong>UKHO</strong> which are stretching but achievable, and will<br />
drive delivery of the Corporate Plan; and<br />
• defining the policy and finance framework within which the CE is to operate.<br />
Composition:<br />
• Chairman (Under-Secretary of State for Defence and Minister for Veterans);<br />
• Senior Finance and Policy Representative (MOD Finance Director);<br />
• Senior Customer Representatives (Director General of Intelligence Collection, Deputy<br />
Commander in Chief Fleet, and a senior representative from the Maritime and<br />
Coastguard Agency);<br />
• An External Customer Representative<br />
• Director-level representation from the Shareholder Executive;<br />
• Chairman of the <strong>UKHO</strong> Board;<br />
• CE <strong>UKHO</strong>;<br />
• MOD’s Director of Business Delivery (DBD).<br />
DBD will also provide the secretariat function to the <strong>UKHO</strong> Owner’s Council.<br />
3 – ROLE AND COMPOSITION OF THE <strong>UKHO</strong> BOARD<br />
Role: Under the leadership of the Chairman, and with authority delegated (via the Chairman)<br />
from the Owner, the role of the Board is to challenge and support the Executive Team, and<br />
carefully scrutinise its proposals and/or performance in relation to:<br />
• Developing a long-term business strategy, a five-year Corporate Plan and annual Key<br />
Targets. The Board is to endorse these prior to submission to the Owner for approval.<br />
• Developing a Business Plan covering the first 12-24 months of the Corporate Plan, and<br />
from which annual Key Targets are derived. The Board has authority to approve this plan<br />
on the Owner’s behalf.<br />
• Developing other major business strategies, plans or proposals in support of the<br />
approved Corporate Plan. The Board must judge case by case (guided by the principles<br />
at Annex E whether it can approve these itself, or endorse them prior submission to the<br />
Owner for approval.<br />
• Delivering the approved Corporate Plan, including performance against the published Key<br />
Targets.<br />
In exercising this role, the Board is to ensure, as far as possible, that the Owner is given full<br />
and accurate advice on matters requiring his attention.<br />
The presumption is that whereever possible, the Board will seek to operate on the basis of<br />
unanimity. The precise decision making arrangements are a matter for the Chairman, in<br />
consultation with the Chief Executive. However, where there are significant differences of on<br />
major material issues, the Owner would expect the issue to be referred to him for<br />
consideration.<br />
Composition: The size and broad composition of the Board will be agreed with the Owner by<br />
the Chairman. The quorum for the Board is three (note: this must include at least one Non-<br />
Executive Director (NED) and the CE or DCE). The Chairman is to ensure that there is an<br />
41
appropriate balance of the necessary skills and experience, and between executive and nonexecutives;<br />
and that the Trades Unions are invited to nominate a representative if they wish:<br />
• Chairman;<br />
• CE,<br />
• selected members of the Executive and Leadership team;<br />
• external NEDs – chosen to ensure that the Board has an appropriate mix of skills and<br />
experience. The role of the NEDs will be to provide expert advice, guidance and<br />
challenge to the executive team;<br />
• a member of DBD, sitting as a formal NED; and<br />
• a representative from the Trades Unions, should they wish to nominate one, also sitting<br />
as an engaged NED/attendee, attending regularly and making a substantive contribution<br />
to Board meetings.<br />
4 – RESPONSIBILITIES AND ACCOUNTABILITIES OF THE CHAIRMAN<br />
Responsibilities : Working under delegated authority from the Owner, with secretariat support<br />
from within the <strong>UKHO</strong>, and in consultation with key stakeholders both inside and outside the<br />
<strong>UKHO</strong>, to:<br />
• ensure that the Board as a whole is effective in its overall role;<br />
• determine and agree with the Owner the composition of the Board, in consultation with<br />
the CE, including seeking approval for the appointment of new NEDs;<br />
• Organise and chair Board meetings, including:<br />
o determining frequency of meetings and the agenda for each; and<br />
o ensuring all directors receive relevant and timely information in preparation for<br />
meetings.<br />
• facilitate effective support and constructive challenge by the NEDs to the Executive Team;<br />
• provide personal advice to the Owner, where appropriate, on issues affecting the <strong>UKHO</strong>,<br />
including being a member of the Owner’s Council;<br />
• ensure that the SONAC, Remuneration and Audit Committees are properly constituted<br />
and operate effectively; and<br />
• advise on the appointment of a new CE, including sitting on the selection panel.<br />
Accountability:<br />
• To the Owner.<br />
5 – RESPONSIBILITIES AND ACCOUNTABILITIES OF THE CE<br />
Responsibilities: Working with the <strong>UKHO</strong> Board and within the policy and financial framework<br />
set by the Owner, to:<br />
• discharge the role of Accounting Officer, i.e. personal and direct accountability to<br />
Parliament for all the <strong>UKHO</strong>’s expenditure and financial systems;<br />
• lead the <strong>UKHO</strong> Executive Team;<br />
• develop for endorsement by the <strong>UKHO</strong> Board, and approval by the Owner, a business<br />
strategy and Corporate Plan to deliver the top-level objectives set for the <strong>UKHO</strong>, and<br />
annual Key Targets;<br />
42
• develop for approval by the Board, a detailed business plan for the first 12-24 months of<br />
the Corporate Plan period;<br />
• implement the approved business and Corporate Plan, including development of<br />
appropriate internal strategies and policies, developing new products and services,<br />
leading and motivating <strong>UKHO</strong> staff, improving business processes, and maintaining<br />
effective and efficient management systems;<br />
• report regularly to the <strong>UKHO</strong> Board performance against the Corporate Plan and Key<br />
Targets; bring to its timely attention all matters requiring its or the Owner’s approval; and<br />
generally make it aware of broader issues relevant to its role; and<br />
• be a Member of the <strong>UKHO</strong> Board and the Owner’s Council.<br />
Accountabilities:<br />
• to the Owner for the efficient and effective management of the <strong>UKHO</strong>, and for delivering<br />
the aims, objectives and targets set for it;<br />
• to Parliament as Accounting Officer; and<br />
• to the <strong>UKHO</strong> Board in its role of agreeing business strategy and Corporate Plan and<br />
scrutinising performance on behalf of the Owner. In the event that the CE believes that a<br />
decision taken by the <strong>UKHO</strong> Board will cause a conflict with his responsibilities as<br />
Accounting Officer, he/she will seek to remedy this in discussion first with the Board, then<br />
through DBD, and ultimately through the Owner. However, the CE is at all times bound<br />
by his personal responsibilities as Accounting Officer, a fact that the <strong>UKHO</strong> Board should<br />
bear in mind.<br />
43
Annex H – People<br />
Terms and Conditions of Service<br />
<strong>United</strong> <strong>Kingdom</strong> <strong>Hydrographic</strong> Office (<strong>UKHO</strong>) civilian staff are Crown employees working within<br />
the <strong>UKHO</strong> Executive Agency, subject to the Civil Service Management Code and are members<br />
of the Principal Civil Service Pension Scheme. For day-to-day operational matters, including<br />
those to do with the management of staff, the <strong>UKHO</strong> operates as a discrete body within the<br />
MOD, but is subject to all relevant Cabinet Office instructions and guidance, including the Civil<br />
Service Code.<br />
Where the Chief Executive (CE) wishes to make proposals for changes to existing terms and<br />
conditions of employment that would exceed current management flexibilities, these will need to<br />
be agreed with the MOD, Her Majesty’s Treasury and the Office of Public Service as appropriate.<br />
There will be full consultation with staff and their representatives, including the Prospect Trades<br />
Union, on any changes that affect terms and conditions of appointment.<br />
Management of People<br />
The <strong>UKHO</strong>’s management policies for its people aim to achieve a well-motivated, properly<br />
trained and developed workforce with appropriate skills and expertise to meet the aims and<br />
objectives of the business and in which individuals are committed to serving customer needs.<br />
<strong>UKHO</strong> will continue to encourage and facilitate a two-way flow of information and ideas between<br />
management and staff.<br />
The CE will develop and maintain a personnel management strategy which enables the <strong>UKHO</strong><br />
to recruit, develop, retain and motivate staff in the numbers and with the appropriate skills and<br />
expertise; whilst observing the principle of equitable treatment of all.<br />
Pay and Performance<br />
The CE has authority for pay bargaining under delegation from central departments and is<br />
responsible for setting the terms and conditions of service for all <strong>UKHO</strong> staff below Senior Civil<br />
Service (SCS) level. This is carried out under the provisions of the Civil Service (Management<br />
Functions) Act 1992.<br />
Recruitment<br />
The CE will normally be appointed through open competition. The <strong>UKHO</strong> will recruit its other<br />
staff directly, with the recruitment of SCS level staff managed by the MOD’s senior staff<br />
management team. Recruitment will be undertaken on the basis of fair and open competition.<br />
Non-Executive Directors will have an input into the recruitment process of Executive Directors.<br />
Conduct and Discipline<br />
The CE is responsible for ensuring that civilian disciplinary and restoring efficiency cases are<br />
handled in accordance with MOD guidelines. He/she will have full powers in matters relating to<br />
the conduct and discipline of all employees. The full range of disciplinary sanctions will be at the<br />
CE’s disposal; this includes dismissal, demotion, loss of seniority, loss of pay, reprimands and<br />
postings. A three-stage grievance procedure is in place that is available to all staff, which<br />
includes a right to appeal to either 2nd PUS or an independent Grievance Appeal Panel. Any<br />
conduct or disciplinary issues involving military personnel will be taken forward in consultation<br />
with the appropriate Service Secretary.<br />
44
Staff Development and Performance Assessment<br />
The <strong>UKHO</strong> is committed to ensuring that its staff are developed and trained so that they are able<br />
to make the maximum contribution to the success of the <strong>UKHO</strong>. Staff will be given the<br />
opportunity to participate in their personal development and to link their skills and experience<br />
with the needs of the organisation. Staff will be supported, as necessary, by a development<br />
strategy that offers technical, professional and managerial training, and appropriate vocational<br />
qualifications.<br />
All staff will participate in performance assessment procedures, and will be encouraged to<br />
discuss their development needs as part of the performance appraisal process.<br />
Equality and Diversity<br />
The CE will promote best practice in the area of Equal Opportunities. He/she will ensure that<br />
his/her staff are provided with a working environment free from discrimination and harassment.<br />
Investor in People<br />
The <strong>UKHO</strong> is an accredited Investor in People and will aim to retain its accreditation.<br />
45