www.gov.uk/natural-england Financial Scheme of Delegation Approved by Marian Spain, Chief Executive With effect from 1 st September 2021
www.gov.uk/natural-england
Financial Scheme of Delegation Approved by Marian Spain, Chief Executive With effect from 1st September 2021
Table of Contents 2
Introduction 3 Part X Governance 37
Spending controls 4 Annex 1 Specified officers 38
Part A Budgets 6
Part B Expenditure Justification 7
Part C Spending 9
Part D Grants 10
Part E Procurement 15
Part F Disposals (non land) 20
Part G Charging by Natural England 21
Part H Commercial Licences issued by Natural England 24
Part I Bank Accounts 27
Part J Borrowing Powers/Loans 27
Part K Insurances 27
Part L Financial Irregularity 28
Part M Write offs 28
Part N Gifts 29
Part O Financial Systems 29
Part P Information Systems 30
Part Q Emergencies 31
Part R Overseas visits 31
Part S Land and NNRs 32
Part T Coastal Access 35
Part U Compensation claims, Special payments etc 36
Part V Corporate membership of other bodies 37
Part W Approval of Corporate planning documents and Annual Accounts 37
Table of Contents 3
Introduction The purpose of this introduction is to help staff in their understanding of how expenditure has been delegated to them through the budget setting process. The Financial Scheme of Delegations covers all financial transactions or transactions which have monetary implications e.g. loans, scheme payments etc.
The Board has delegated certain functions to the Chief Executive. The Chief Executive has, in turn, delegated some of those functions to officers of Natural England as set out in this Scheme of Delegation. The Scheme of Delegation provides authority for officers to operate. The Board expect us to adhere to these delegations. The delegations may be reviewed and changed by the Board at any time.
Programme pay and non-pay budgets are allocated directly to teams. Following the allocation of the budget the team then has the authority to spend within the limits and under the authorities allowed by the Financial Scheme of Delegation.
We have included within the FSoD all of the spending controls which Cabinet Office have instructed should apply to all departments and NDPBs.
The Chief Executive has the power to grant/revoke financial delegations.
Natural England has transferred all of its Corporate Services functions (IT, Finance, HR, Procurement, Estates and Communications) and associated expertise to Defra employed staff who act as our business partners to assist us in making decisions. NE officers are expected to consult with Finance, HR, Estates, Commercial and IT business partners as appropriate in making decisions and we have sought to signpost this in the Scheme of Delegation. However ultimate responsibility and accountability for the financial decisions remain within Natural England.
Before using the scheme you must ensure that you have read and understood the principles in the guidance to Natural England’s Scheme of Delegation. We expect to achieve a high standard of compliance with our governance arrangements in Natural England and it is important that you have therefore both understood these principles and apply them consistently to every transaction.
Navroza Ladha Chief Officer Legal& Governance
Table of Contents 4
Spending controls In light of the Cabinet Office spending controls Natural England has introduced a spending review panel to approve all identified spend:
a. over £10,000 which will result in a contract award, contract variation, Memorandum of Agreement, Collaboration or Partnership
agreement, licence or Purchase Order: and
b. all identified spend irrespective of value on:
1. marketing advertising and communications
2. consultancy
3. temporary staff, interns and contractors.
4. ICT projects
To learn more about how to make a proposal to the spending review panel see the guidance on the intranet at: http://neintranet/daytoday/procurement/spendingcontrols/Pages/default.aspx.
Note: These controls are subject to change, you must refer to the guidance on the intranet for the up-to-date position
Summary of key actions and processes Advertising, marketing and communications Expenditure on essential activity only and all contracts where possible must be procured through approved frameworks. Any advertising, marketing and communications spend up to £20k is to be approved by the CEO Spend above £20k must be approved by the CEO (delegated) and Defra.
Over £100k requires CEO (delegated), Defra and Cabinet Office approval.
Strategic supplier management and complex commercial models Departments must ensure that any contact with strategic suppliers on negotiations or legal disputes is channelled through the Cabinet Office.
Information and Communications Technology (ICT) Central government departments, agencies and NDPBs must adhere to the Government Technology Code of Practice in respect of any technology spend, including securing Cabinet Office approval for spend above specific thresholds. Refer to the Code and to the related Cabinet Office guidance on the ICT spending controls for full information.
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Consultancy CEO must approve all spend on consultancy contracts of less than 9 months duration and up to£49,999For values that exceed £49,999 and are less than nine months in duration Defra DG sponsor and the Defra Director of Network Corporate Services (NCS) will also be required to approve the spend.
Consultancy contracts that are longer than nine months andexceed£20,000 will continue to require approval from the Director NCS, Defra Business Partner HR, Defra Business Partner Finance, and the Minister for the Cabinet Office.
Recruitment and temporary staff A freeze on all external recruitment (where applicable), with exemptions for frontline and business critical posts. Recruitment of existing employees between government departments, agencies and NDPBs (where applicable) is allowed.
Property Defra to agree any new leases, renewals of existing leases, the non-exercise of lease break options, any new property acquisitions (including those made through a PFI provider), new build development, sale and lease back, and any freehold sales as part of national property controls.
The spending level at which exemption cases for marketing, advertising and communications are agreed are: Over £100,000 Defra and Cabinet Office Up to £100,000 Defra Up to £20,000 Chief Executive
The spending level at which exemption cases (Business Exemption Case eRAP Request Form) for consultancy up to 9 months are agreed are: Over £49,999 Defra Up to £49,999 Chief Executive
The spending level at which exemption cases for consultancy over 9 months are agreed are: Over £20,000 Defra and Cabinet Office
Table of Contents 6
Part A Budgets
Ref Description Limit Authorised Officer
A.1 Approval of annual budget Board
Approval of draft annual budget Chief Executive
Approval of Team Performance Indicators and accompanying indicative Team Budget
Appropriate Chief Officer
Virements
1. Authorising transfers of sums within the overall team budget.
Regardless of Value Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6). (evidence of approval required only for those over £20,000)
Where proposed total virements from one budget type to another exceed 10% you must consult Chief Exec
2. Authorising transfers of sums between team budgets.
Above £500,000 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant) (evidence of approval required)
Up to £500,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant) (evidence of approval required)
Up to £100,000 Appropriate Director/Area Manager in consultation with Defra Business Partner Finance (Grade 6) (evidence of approval required)
Up to£50,000 Appropriate Director/Area Manager in consultation with Defra Business Partner Finance (Grade 6) (evidence of approval only required over £20,000)
Table of Contents 7
Part B Expenditure Justification
Ref Description Limit Authorised Officer
B.1 Approval to proceed for project and programme management
Subject to:
a. The Standard for Program me and Project management
Major Projects: All projects and programmes with a defined lifetime where revenue/resource expenditure which exceed £75 million (down from £100m) must be referred to Treasury for approval.
Over £5.0m Natural England Board and Defra
Up to £5.0m Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £1.0m Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£500,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
B.2 Approval to authorise additional expenditure for agreed programmes / projects, subject to:
a. The Standard for Program me and Project management.
b. Submission to Defra if the increase brings new total cost above Defra authorisation thresholds (Section B1 approval)
Note: Once authorised, approval to spend is subject to the procurement delegations within this FSoD
Over £500,000 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£500,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £100,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
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Ref Description Limit Authorised Officer
B.3 Other
Authority to:
a. Approve justified expenditure from budgeted funds
b. Approve payment
And subject to:
a. Any contract being awarded on a competitive basis, or with prior single tender action approval
b. Consultation with Procurement Network Corporate Services staff if over £10k
c. FSoD delegations on contractual commitment in Section E
d. IS acquisitions - Section P.2
This section covers both programme/project and non-programme/project expenditure
Over £3m Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £3m Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£500,000 Appropriate Directors or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £100,000 Appropriate Team Managers/Principal Advisers
Up to £25,000 Appropriate Team Leaders/Senior Advisers
Up to £2500 Default all staff
B.4 Recharge costs
Approval of recharge costs for Defra Shared Service
Agreements and Genesis costs or other re-charges
All Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
B.5 Authority to trade in Basic Payment scheme Entitlements
Disposal and acquisition (by lease, sale or purchase) of Basic Payment Entitlements
Over £50,000 Chief Legal and Governance Officer in consultation with Senior Estates Adviser Natural England
Up to£50,000 Senior Estates Adviser Natural England
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Part C Spending
Ref Description Limit Authorised Officer
C.1 Approval to spend- Government Purchasing Cards
Incur expenditure by Purchasing Cards subject to:
a. Competition having taken placeover£2.5k or with prior single tender action approval (Section E.3)
b. Consultation with Procurement Network Corporate Services over £10k
c. Controls overset-up and variations to purchasing card transaction limits
d. Additional FSoD authorisation for individual transactions over generic £2.5k
All Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
C.2 Approval of staff expenditure
a. Travel and subsistence claim forms
b. Assignment, disturbance and posting
c. Claim forms
d. Overtime, call out/standby claims
e. Relocation claim forms
f. Purchasing card expenditure (subject to C.1 limits)
Subject to spend being within authorised budgets
Chairman Signed off by Chair, Audit and Risk Assurance Committee
Deputy Chair Signed off by Chairman
Chief Executive Signed off by Chairman
Board members Signed off by Executive Office Director
Chief Officer Signed off by Line Manager
All other staff Line Managers
Table of Contents 10
Part D Grants
Ref Description Limit Authorised Officer
D.1 Discretionary Grants
e.g. grants to NGOs
Authorise grant payments subject to:
a. Grant making powers in NERC Act 2006
b. Finance Act 1996 for landfill contributions
c. SoD guidance on grants
d. Staff making commitment ONLY through raising appropriate Oracle requisitions or with the approval and signature of any other contract documents by Commercial Estates & Knowledge (CEK)
e. Consultation with Legal regarding novel or contentious grants
Over £10,000,000 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£5,000,000 Appropriate Chief Officer in consultation with Defra group Commercial G7
Up to £2,000,000 Appropriate Chief Officer in consultation with Defra group Commercial G6
Up to £500,000 Appropriate Director or Area Manager in consultation with Defra group Commercial SEO
Up to £100,000 Budget holder in consultation with SEO Defra group Commercial HEO
Up to £10,000 Budget holder in consultation with HEO Defra group Commercial
D.2 Heritage Management Plan Grants Over £1,000,000 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £1,000,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £250,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to£50,000 Appropriate Manager
Up to £10,000 National Heritage Adviser
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Ref Description Limit Authorised Officer
D.3.1 S.7 Management Agreements for NRA/CES/WES and Section 15
Subject to:
a. Grant making powers in NERC Act 2006
b. Power to enter into management agreements under NERC Act 2006
c. Approval process for acquiring land as an NNR using a Nature Reserve Agreement in NFSoD
Authorisation/approval limits for new and renewal CES and CES/NRA agreements and for CES/NRA/ WES/Section15 agreements for reviews, variations, novation’s, extensions and release of all management agreements.
Annual limit over £1 million and a total limit over £10 million
All subject to CES Panel approval, and: Board and Defra
Annual limit up to £1 million and a total limit up to £10 million
Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Annual limit up to £500,000 and a total limit of £2 million
Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Annual limit up to£150,000 and a total limit of £750,000
Appropriate Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Annual limit up to£15,000 and a total limit of up to £75,000
CES Panel
D.3.2 Signing Section 7 Management Agreements, including reviews Variation, Novation and Release Agreements by hand and in the absence of the seal (after authorisation in D.4.1)
Signing Deeds and Agreements under seal for any management agreement and/ or associated documents after authorization in accordance with D.4.1
Annual limit over £1 million and a total limit over £10 million
Board and Defra
Annual limit up to £1 million and a total limit up to £10 million
Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Annual limit up to £500,000 and a total limit of £2 million
Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Annual limit up to£150,000 and a total limit of £750,000
Appropriate Area Manager or Manager
No limit Appropriate Manager in consultation with Legal Services, and see Part 4 (Signing Deeds) of NFSoD
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Ref Description Limit Authorised Officer
D.4.1 Countryside Stewardship and other RDPE schemes
Applications and amendments
Delegated Authority Levels for approving CS applications and amendments, and amendments to earlier Rural Development agreements subject to:
a. SoD guidance on Grants
b. Rural Development Programme for England (RDPE)Finance Instructions
For write off see Part M
Over £5m Appropriate Director, or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £5m Appropriate Manager
Up to £1m Appropriate Team Leader
Up to£500,000 Appropriate Lead Adviser / Group Co-ordinator
Up to£250,000 Appropriate Adviser
D.4.2 Claims
Delegated Authority Levels for approving Countryside Stewardship and other RDPE schemes claims subject to:
a. SoD guidance on Grants
b. RDPE Finance Instructions
Over £1m Appropriate Director in consultation with Defra Business Partner Finance (Grade 6)
Up to £1m Appropriate Manager
Up to£500,000 Appropriate Team Leader
Up to£250,000 Appropriate Adviser or Group Co-ordinator
D.5 Approval to receive funds via a grant Authority to: a. Approve receipt of funds (e.g. from MoAs/ Partnership agreements/grants)
(Note: this section does not cover receipt of statutory funding or E.U. rural payment scheme funding, disposal of assets or commercial activities on behalf of Natural England as these are covered elsewhere in this scheme) and subject to:
b. Compliance with Financial Memorandum or any equivalent governance documentation
c. Consultation with Legal d. Consultation with Head of Funding Development and G7 Senior
Finance Business Partner for external funding grant applications where NE commitment >£50k
Over £3m Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £3m Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£500,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £100,000 Appropriate Manager/Principal Specialist/ Principal Adviser
Up to£25,000 Appropriate Senior Adviser
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Ref Description Limit Authorised Officer
D.6 Farm Advice Framework
Programme (RDPE Axis
1)
(For GIA funded programme see section E.2.3)
Approving financial commitments for contracts Signing
off claims
Over £250,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to£250,000 Appropriate Senior Adviser and Principal Adviser
Up to £100,000 Appropriate Lead Adviser
Up to £25,000 Appropriate Adviser
- Specified Officers (see annex 1)
D.7 Doorstep Greens and Millennium Greens
Overarching grant agreements between Natural England and the Big Lottery Fund (and their predecessor bodies) relating to the Doorstep Green and Millennium Green schemes
D.7.1 Grant agreement and obligation management (for instance: amendments, proceedings for breach, termination)
Appropriate Chief Officer in consultation with Head of Legal Services
Grant agreements and ancillary documents relating to individual Millennium Greens and Doorstep Greens. Grant Agreement and obligation management (for instance: amendments, recoveries, proceedings for breach, termination, approvals)
• which require documentation to be entered into as a deed
• which do not require documentation to be entered into as a deed
Nb – Consideration must also be given as to whether Big Lottery Fund need to be consulted on a case by case basis”
Manager in consultation with Head of Legal
Senior Adviser in consultation with Principal Adviser, Legal
D.8 The England Coast Path Establishment Grant.
Approvals for the introduction of a new scheme Over £2m Appropriate Chief Officer in consultation with Head of Legal Services and Defra Group Commercial (Grade 6)
Approval of individual transactions made under the scheme Up to £2m Appropriate Manager
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Ref Description Limit Authorised Officer Applications to amend agreements
Approvals for the offering of individual agreements Up to £1m Appropriate Team Leader
Up to £500,000 Appropriate Lead Adviser / Group Co-ordinator
Up to £250,000 Appropriate Adviser
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Part E Procurement N.B. This section is subject to spending review controls
Ref Description Limit Authorised Officer
E.1 Framework Agreements*
All forms of contract, including award letters to suppliers and contractors used to put in place Framework Agreements
Non-standard contracts used to put in place Framework Agreements
a. any Framework Agreements being awarded on a competitive basis (otherwise single tender action - Part E.3). Unless awarded under the terms of an existing framework agreement established for the purpose
b. consultation with Natural England’s Chief Legal & Governance Officer on Non-Standard Framework Conditions of Contracts that contain novel or contentious clauses or terms
c. individual call-offs being approved as per E.2
d. Cabinet Office Efficiency and Reform Group referral where necessary – See guidance for more information
Over £5m Chief Executive in consultation with Defra group Commercial SCS
Up to £5m Contract owner in consultation with Defra group Commercial G6
Up to £2m Contract owner in consultation with Defra group Commercial G7
Up to£500,000 Contract owner in consultation with Defra group Commercial SEO
Up to £100,000 Contract owner in consultation with Defra group Commercial HEO
* Framework Agreements area general term for agreements with suppliers that set out terms and conditions (in particular price, appropriate quality standards and actual conditions of contract) under which specific purchases (call-offs) can be made throughout the term of the agreement. Such agreements set out the terms and conditions for subsequent call -offs but place no obligations, in themselves, on the procurers to buy anything. With this approach, contracts are formed only when goods, works and services are called under the agreement and these call offs will need to be approved as detailed in E.2
Table of Contents 16
Ref Description Limit Authorised Officer
E2.1 Contractual Commitment
1. All standard forms of contract including award letters to suppliers and contractors
2. Official purchase orders
3. National contracts
4. Call-offs from Framework Contracts
5. Non-standard contracts
6. Memorandum of Agreement/Collaboration Agreements/ Partnership Agreements
And subject to:
g. Any contract being awarded on a competitive basis, otherwise single tender action - E.3. Unless awarded under the terms of an existing framework agreement established for the purpose.
h. Consultation with Grade7 or above Defra group Commercial, on non-standard contracts that do not contain novel or contentious clauses or terms
i. Consultation with Natural England’s Head of Legal on non- standard contracts that contain novel or contentious clauses or terms.
j. Staff making contractual commitment ONLY through raising appropriate Oracle requisitions unless explicitly included as part of a framework agreement call-off process or with the approval and signature of any other contract documents by Defra group Commercial
k. Contracts let through existing frameworks should be let following the framework rules
l. Signatures on non-monetary agreements e.g. MOUs/SLAs subject to Non-Financial delegation controls.
Over £2m Chief Executive (Over £5m or £10m in total is classified as significant commitment and requires Defra approval) in consultation with Defra group Commercial G6
Up to £2m Chief Officer in consultation with Defra group Commercial G7
Up to £500,000
Appropriate Director or Area Manager4inconsultationwith Defra group Commercial SEO
Up to£250,000 Budget holder in consultation with Defra group Commercial SEO
Up to £100,000 Budget holder in consultation with Defra group Commercial HEO
Up to£25,000 All Staff with three written quotes via a purchase order
Up to£5,000 All Staff with one quote via a purchase order
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Ref Description Limit Authorised Officer
E2.1.1 Multi Year contractual commitments (a contract spanning more than one financial year excluding any expenditure going through the payroll system)
Above £150,000 Chief Exec in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£150,000 Chief Officer in consultation with Defra Business Partner Finance (Grade 6)
Up to£25,000 Appropriate Director and Defra Business Partner Finance (Grade 7)
E.2.2 Licence to use third party products or services
1. General licence agreements
2. Licences with third parties for the acquisition of
data Subject to:
a. Grade 7 Defra group Commercial, in consultation with Head of Legal on Non-standard Contracts that do not contain novel or contentious clauses or terms
b. Grade 7 Defra group Commercial in consultation with Natural England’s Director Legal on Non-standard Contracts that contain novel or contentious clauses or terms.
Up to £2m Chief Executive in consultation with CEK
Up to£500,000 Chief Executive in consultation with CEK
Zero value Chief Executive in consultation with CEK in consultation with Legal if novel and contentious
Over £100,000 Head of Legal Services in consultation with Head of Legal Services & Defra group Commercial
Up to £100,000 Grade 6 Defra group Commercial in consultation with Head of Legal Services
Up to £50,000 Grade 7 Defra group Commercial in consultation with Chief Legal & Governance Officer
E.2.3 Farm Advice Framework Programme (RDPE Axis 1)
(For GIA funded programme see section E.2.1)
Approving contractual commitments for contracts called off the Farm Advice Framework
Over £500,000 Budget holder in consultation with Grade 6 Defra group Commercial
Up to£500,000 Budget holder in consultation with Grade 7 Defra group Commercial
Up to £250,000 Budget holder in consultation with SEO Defra group Commercial
Up to £100,000 Budget holder in consultation with HEO Defra group Commercial Natural England Specified Officers (see annex 1)
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Ref Description Limit Authorised Officer
E.3 Single Tender Actions
1. To authorise justified expenditure, on a single tender action basis, and subject to report to Defra for all contracts of £100,000
2. Single Tender Actions to engage ex-employees, including Board members, within 2 years of Leaving Natural England require consultation with Director of Organisation Development and Executive Director approval prior to commitment
3. Subject to Spending Control requirements (see Spending Control section after Introduction)
Note - once approved, the single tender action is subject to FSoD delegations in E.2 on Contractual Commitment
Over £111,000 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£111,000 Appropriate Chief Officer in consultation with Grade 7 Defra group Commercial
Up to £50,000 Appropriate Director or Area Team Manager or Manager/Principal Adviser in Consultation with Grade 7 Defra group Commercial
From £5,000 to £10,000 (below £5,000 one quote is acceptable and no STA approval is needed)
Appropriate Director or Area Manager
E.4.1 Variations to Conditions of Contract for contracts already awarded
1. Variations to Terms and Conditions to Contracts already awarded where the variation does not contain novel or contentious clauses or terms
Not applicable Contract owner in consultation with Grade 6 Network Corporate Services
2. Variation to Terms and Conditions to Contracts already awarded that contain novel or contentious clauses or terms
Not applicable Grade 6 Network Corporate Services in consultation with Natural England Head of Legal Services
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Ref Description Limit Authorised Officer
E.4.2 Variations to Contract Commitment for contracts already awarded
a. For variations of less than 10% (goods and services) or
15% (works) of the Total Contract Value
b. For variations of between 10% (good / services) or 15% (works) and 50% of the Total Contract Value
c. For variations above 50% of the Total Contract Value
Over £1m Head of Legal Services in Consultation with Grade7 Defra group Commercial
Up to £1m Contract owner in consultation with Defra group Commercial Grade 7
Up to 500K Contract owner in consultation with Defra group Commercial Grade SEO
Up to 100K Contract owner in consultation with Defra group Commercial HEO
Up to 50K Contract owner in consultation with Defra group Commercial HEO
Over £1m Head of Legal Services in Consultation with Grade 7 Defra group Commercial
Up to £1m Contract owner in consultation with Defra group Commercial Grade 7
Up to 100K Contract owner in consultation with Defra group Commercial Grade 7
All Natural England Head of Legal Services in Consultation with Head of Commercial (SCS), Defra group Commercial.
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Part F Disposals (non land)
Ref Description Limit Authorised Officer
F.1 Disposal of unwanted stores, plant, equipment, vehicles and other assets after informing (if required) other business units of the availability of unwanted articles and consulting with Defra Business Partner Finance and Defra group Commercial on method of disposal. Subject to approval by Defra for:
a. Any disposal with an expected value in excess of £1.0m
Limits are stated in net book value or market value if known to be higher
Over £1.0m Board and Defra
Up to £1m Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£250,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £10,000 Managers or Senior Adviser Estate management NCS
Up to£5,000 NNR Services Team (for NNR related disposals)
Up to £2,500 Team Manager
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Part G Charging by Natural England
Ref Description Limit Authorised Officer
G.1 Charging Policy for discretionary services
Discretionary services are those covered by the Secretary of State’s consent granted 29/6/2011 - see Charging Policy.
1. Approving revisions to Natural England’s Charging Policy (except revisions to exemption criteria or cost recovery rates).
2. Approving revisions to exemption criteria or cost recovery rates in Natural England’s Charging Policy.
3. The approval of non-standard insurance liability limits in our charging contracts.
NA Board and Defra
NA Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant) and commercial services
G.2 Charging Schemes for discretionary services
1. Approving introduction of charging schemes for discretionary services in significant risk / impact categories in accordance with Natural England’s charging policy.
Significant risk/impact categories are:
a. Case specific discretionary advice in areas where we also perform a statutory/regulatory role in determining case outcomes (e.g. pre-application planning advice, pre-screening licence applications)
b. Data licensing
c. New chargeable services projected to cost more than £1m pa to deliver
NA Board and Defra
2. Approving introduction of charging schemes for discretionary services in accordance with Natural England’s charging policy (with the exception of significant risk/impact categories)
NA Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
3. Approving exemption cases or variations from cost recovery rates, in accordance with Natural England’s charging policy NA Appropriate Director/Area Manager in consultation with Head of Funding Development
4. Approval to amend the terms & conditions for discretionary Services NA Appropriate Director in consultation with Head of Legal Services and Funding Development team
Table of Contents 22
Ref Description Limit Authorised Officer
G.3 Charging Schemes for non-discretionary services
Approving introduction of charging schemes for non-discretionary services
NA Board and Defra
G.4 Authorisation of chargeable services contracts
Approval of contracts for services (eg advice, analysis) under established charging schemes using standard Terms & Conditions
Over £3m Board
Up to £3m Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£500,000 Appropriate Directors or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £100,000 Appropriate Team Managers/Principal Advisers
Up to£25,000 Appropriate Team Managers/Senior Advisers
Up to £5000 Default all staff
G.5 The approval of corporate sponsorship agreements.
The assessment of risk should be made using the method described in the Corporate Sponsorship Policy (approved by the Board on 20/01/19).
All agreements which are assessed to be a higher reputational risk will require Board level approval.
Medium-risk agreements
Low-risk agreements
Over £100k Board
£25k - £100k CEO in consultation with Head of Funding Development and Head of Legal
Up to £25k Appropriate Area Manager or Director in consultation with Head of Funding Development and Head of Legal
£100K – £500k CEO in consultation with Head of Funding Development and Head of Legal
£25k - £100k Area Manager or Director approval in consultation with Head of Funding Development and Head of Legal
Up to £25k Appropriate Manager or Principal Adviser in consultation with Head of Funding Development and Head of Legal
Limit
Approval of non-standard Terms & Conditions (note financial approval limits above also apply)
NA Appropriate Manager in consultation with Head of Legal and Funding Development team
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Ref Description Limit Authorised Officer
G.6 Authorisation of Agreements relating to receipt of commuted funds including the Impact Assessment & Conservation Payment Certificate.
• it sets out NE’s charges for future services and therefore relates to
the holding of funds for use beyond the current f/year;
• it has contractual effect between a developer and NE and creates future obligations on NE’s part;
• it is commercially significant, in that NE must ensure that the obligations it takes on will be funded by the money it receives;
• there is a statutory licensing element, in that the FCS test can only be properly met if the sum of money raised is enough to create and maintain the new habitat for 25 years.
Over £3m Board
Up to £3m Appropriate Chief Officer in consultation with Defra Finance Business Partner & Procurement (Grade Senior Civil Servant)
Up to £500K Appropriate Director or Area Manager (consultation with Defra Business Partner Finance (Grade 6))
Up to £100K Appropriate team manager/Principal adviser in consultation with Defra Business partner Finance
Up to £25K Appropriate Team Leader/Senior Adviser in consultation with Defra Business partner Finance
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Part H Commercial Licences issued by Natural England
Ref Description Limit Authorised Officer
H.1 Licences for the reuse of Natural England intellectual property
Commercial means: where there is a direct or indirect generation of income by a third party resulting from the use of the licensed Intellectual Property
Commercial organisations means: any party that is not a public sector body or a not for profit organisation
1. Granting licences for the reuse of Natural England data
a. standard OGI licence (non-royal ty bearing) NA Specified Officer (see annex 1) in consultation with Head of Legal and Grade 6 CEK procurement
b. non-standard non-royalty bearing licence NA Specified Officer (see annex 1) in consultation with Head of Legal and Grade 6 CEK procurement
c. royalty bearing licence for reuse of data which falls within scope of Public Data Corporation (refer to CEK procurement lead, for guidance)
NA Requires Board and Defra for charging scheme approval in accordance with Natural England Charging Policy (ref section G2.1.b)
Table of Contents 25
Ref Description Limit Authorised Officer
H.1 2. Granting licences for the reuse of Natural England intellectual property (includes training material, publications, and images). Note for licences also including reuse of NE logo, brand or trademark see 3 below.
a. Royalty bearing standard Natural England IP Licences for use by Commercial Organisations, or for commercial use by any party
b. Royalty bearing non-standard licences for use by Commercial Organisations, or for commercial use by any party
c. Non-royalty bearing licences
Over £100,000 Chief Officer in consultation with Head of Legal & Grade 6 CEK Procurement
Up to £100,000 Specified officer (see annex 1) in consultation Head of Legal and Grade 6 CEL procurement
Up to £50,000 Specified officer (see annex 1) in consultation Head of Legal and Grade 7 CEK procurement
Over £75,000 Defra Business Partner Finance (Grade Senior Civil Servant) in consultation with Head of Legal and Grade 6CEK procurement
Up to £75,000 Specified officer (see annex 1) in consultation with Head of Legal and Grade 6 CEK procurement
Up to £30,000 Specified Officer (see annex 1) in consultation with Head of Legal and Grade 7 CEK procurement
NA Defra Business Partner Finance (Grade Senior Civil Servant) in consultation with Head of Legal
Table of Contents 26
Ref Description Limit Authorised Officer
H.1 3. Approval of Intellectual Property licences that enable the use of a Natural England logo, brand or trademark:
a. Royalty-bearing licences
b. Non royalty bearing licences for use by Commercial Organisations, or for commercial use by any party.
c. Non-royalty bearing licences for non-commercial use by public sector bodies or not for profit organisations
Over £75,000 Director Innovation and Reform in consultation with Head of Legal
Up to £75,000 Manager in consultation with Head of Legal and Grade 6 CEK procurement
Up to £30,000 Director Corporate Governance, following advice from the Head of Legal and the Head of External Funding
4. Disputes
Approval of the handling, and the terms, of any settlement arising from
a. the infringement, or alleged infringement of Natural England’s intellectual property rights, or
b. the infringement, or alleged infringement, of a third party’s intellectual property rights by Natural England
NA Appropriate Chief Officer in consultation with Head of Legal and Grade 6 CEK procurement
Table of Contents 27
Part I Bank Accounts
Ref Description Limit Authorised Officer
I Opening and closing bank accounts NA Head of Legal Services in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Part J Borrowing Powers/Loans
Ref Description Limit Authorised Officer
J.1 Exercising Natural England’s borrowing powers, subject to the prior approval of Defra and rules in Managing Public Money
NA Board and Defra
J.2 Introduction of Natural England loan scheme, subject to prior approval of Defra
NA Board and Defra
Part K Insurances
Ref Description Limit Authorised Officer
K.1 Arranging insurances, subject to the prior authorisation of Defra All Head of Legal Services
K.2 Authorising settlements on claims against Natural England’s motor insurance arrangements
All Head of Legal Services in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
K.3 Settling self-insured liability claims see section U1
Table of Contents 28
Part L Financial Irregularity
Ref Description Limit Authorised Officer
L.1 Instigation of investigations into cases of financial irregularity, proven or suspected, and report to the Audit & Risk Assurance Committee
NA Head of Legal Services in consultation with Defra Business Partner finance (Grade Senior Civil Servant) and internal audit
L.2 Annual report of cases of financial irregularity, proven or suspected, to Defra All cases Head of Legal Services in consultation with Defra Business Partner finance (Grade Senior Civil Servant) and internal audit
Part M Write offs
Ref Description Limit Authorised Officer
M.1 Individual write-offs of debts, stock, and other assets (including equipment, plant and motor vehicles) subject to obtaining the prior approval of Defra above £100k
Over £100,000 Board& Defra
Up to £100,000 Chief Executive in consultation with Defra Business Partner finance (Grade Senior Civil Servant)
Up to £50,000 Head of Legal Services in consultation with Defra Business Partner finance (Grade Senior Civil Servant)
Up to£20,000 Appropriate Director or Area Manager in consultation with Defra Business Partner finance grade 6
Any write-off that could be considered potentially “novel or contentious” or repercussive must go to Chief Legal and Governance Officer.
Natural England staff do not have the authority to authorise write-offs of England Rural Development Program/England Rural Development Program (ERDP/RDPE) funds. Write-off requests raised by Natural England should be recommended at least Team Leader level and forwarded to the RPA’s Rural Development Scheme Management Unit for assessment and authorisation by RPA, as set out in the Finance Instructions.
Table of Contents 29
Part N Gifts
Ref Description Limit Authorised Officer
N.1 Individual gifts subject to obtaining the prior authorisation of Defra for gifts exceeding £10,000
Gifts are transactions of a type which are subject to a greater degree of control since the giving of gifts by a public body at taxpayers’ expense is a very sensitive issue - see Regularity & Propriety guidance for further clarification.
Over £10,000 Natural England Board and Defra
Over £500 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Over £250 Head of Legal Services in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £250 Appropriate Director or Area Team Managers in consultation with Defra Business Partner Finance (Grade 6)
Part O Financial Systems
Ref Description Limit Authorised Officer
O Specification of financial systems NA Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Table of Contents 30
Part P Information Systems N.B. This section is subject to spending review controls
Ref Description Limit Authorised Officer
P.1 To authorise IS projects, which are classified as, but not restricted to:
a. Acquisition of hardware
b. Acquisition of proprietary package software
c. Development of new software
Subject to:
d. Defra approval for projects estimated to cost £5m or over
e. budget approval
Over £5m Board and Defra in consultation with CEK
Up to £5m Chief Executive in consultation with CEK
Up to £3m Appropriate Chief Officer in consultation with CEK
Up to £2m Appropriate Director in consultation with CEK
P.2 Approve justified IS expenditure from budgeted funds
Subject to:
a. Any contract being awarded on a competitive basis, or with prior single tender action approval
b. Subject to Cabinet Office Efficiency & Reform Group ICT and other relevant restrictions
Over £2m Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Over £500,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £500,000 Appropriate Director in consultation with CEK
Under £100,000 Appropriate Director in consultation with CEK
Table of Contents 31
Part Q Emergencies
Ref Description Limit Authorised Officer
Q.1 Authorisation to activate Part Q of FSoD in response to an external emergency NA Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Authorisation to activate Part Q of FSoD in response to an internal emergency NA Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Q.2 Approval to spend and make contractual Commitment on expenditure to deal with emergencies
Subject to:
a. Retrospective authorisation of emergency expenditure incurred on a single tender action basis as per limits specified in section E.3
As necessary Appropriate Chief Officers /Directors or Area Team Managers
Part R Overseas visits
Ref Description Limit Authorised Officer
R Approving visits overseas for officers engaged on activities for Natural England
Overseas visits by Chief Executive Chairman
Overseas visits by Executive Directors Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Overseas visits by Directors/Area Managers Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Overseas visits by other staff Appropriate Director or Area Managers in consultation with Defra Business Partner Finance (Grade 6)
Table of Contents 32
Part S Land and NNRs Note: Land work requires the use of the services of Defra Estates Division, where appropriate, and acting in accordance with the advice of suitably qualified private sector valuers from a list of Defra/OGC Framework contractors, or the District Valuer in connection with transactions involving the sale, purchase, leasing or renting of land or property or associated rights
Ref Description Limit Authorised Officer
S.1 Authorise and approve terms for the disposal of Natural England owned land and associated buildings, or an interest there in and subject to:
Market value in excess of £1m or Heritage asset where discount exceeds £350,000 for sales or £75,000 annually for leases
Natural England Board and Defra
a. The prior approval of Defra for any disposal exceeding £1m
b. For any heritage asset (not valued on Natural England’s balance sheet) Natural England must:-
1. Obtain professional advice as to the Open value of the asset
2. document the justification for the method of disposal chosen or accepting less than market value
3. Seek approval of Defra where any discount exceeds £350,000 for sales or £75,000 annually for leases
Market value in up to £1m or Heritage asset where discount up to £350,000 for sales or £75,000 annually for leases
Chief Executive
Market value up to£500,000 Appropriate Director in consultation with Senior Land Agent, NNR National Team
Market value of a heritage asset up to £500,000 and with no discount
Senior Land Agent, NNR National Team
Table of Contents 33
Ref Description Limit Authorised Officer
S.2 Acquiring land through purchase or lease of land or an interest therein
Subject to:
With NE’s contribution to the transaction value up to £5m for purchases or £500,000 annually for leases/interests
Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
a. Approval from Defra’s Estates Division for
minor works and building projects (other than the NNR estate) over £500,000
b. Section B approval
With NE’s Contribution to the transaction value up to £1m for purchases or £200,000 annually for leases / interests
Director Operations in consultation with Defra Business Partner Finance (Grade 6)
With NE’s contribution to the transaction of up to £250,000 annually
Appropriate Area Manager in consultation with Senior Land Agent
Lease of land or an interest therein of up to £100,000
Appropriate Manager in Area Team in consultation with Senior Land Agent
Lease of land or an interest therein of up to £25,000 annually
Appropriate Team Leader in Area Team in consultation with Senior Land Agent
S.3 Operating Leases
a. Granting, terminating and varying leases or
With a transaction value over £25,000 annually for leases/interests
Appropriate Area Manager in consultation with Senior Land Agent, NNR National Team
interests to third parties for Natural England owned land, buildings and structures.
With a transaction up to£25,000 annually for leases/interests
Appropriate Manager in Area Team in consultation with Senior Land Agent, NNR National Team
over £25,000 annually Area Manager in consultation with Senior Land Agent b. Terminating and varying leases or interests,
including sub-letting, of land, buildings and Up to£25,000 annually Appropriate Manager in Area Team in consultation
structures owned by third parties. with Senior Land Agent
Table of Contents 34
Ref Description Limit Authorised Officer
S.4 Rent or payment reviews
Rent or payment reviews in accordance with the
Over £25,000 annually Appropriate Area Manager in consultation with Senior Land Agent, NNR National Team
provisions of a lease, interest or right granted to or by Natural England
Up to £25,000 annually or more than 10 years remaining Senior Land Agent, NNR National Team
Up to£10,000 annually with up to 10 years remaining Land Agent NNR National Team
S.5 Rights Up to £25,000 annually, or for over 10 years Senior Land Agent NNR National Team
Granting, taking, and varying rights associated with land and property including e.g. grazing licences, licences to occupy etc.
Up to£10,000 annually and for up to 10 years Land Agent, NNR National Teams
* Subject to: a. The prior approval of Defra for any disposal exceeding £1m
b. For any heritage asset (not valued on Natural England’s balance sheet) Natural England must:-
1. Obtain professional advice as to the Open value of the asset
2. Document the justification for the method of disposal chosen or accepting less than market value
3. Seek approval of Defra whereanydiscountexceeds£350,000 for sales or £75,000 annually
Table of Contents 35
Part T Coastal Access
Ref Description Limit Authorised Officer
T.1 Approval to spend - each proposal in accordance with s.55A National Parks and Countryside Act 1949 (as inserted by the Marine and Coastal Access Act 2009)
Over £500,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Up to £500,000 Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Up to £100,000 Appropriate Principal Adviser
T.2 Approval to spend- costs in preparation for eachs.55Aproposal Up to £500,000 Appropriate Director in consultation with Defra Business Partner Finance (Grade 6)
Up to £100,000 Appropriate Principal Adviser
Table of Contents 36
Part U Compensation claims, Special payments etc
Ref Description Limit Authorised Officer
U.1 Property related claims, personal injury claims and any other compensation claims (except compensation claims being made in accordance withs28M of the Wildlife and Countryside Act 1981 (as amended))
Up to £15000 Head of Legal Services in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Accidental damage to property caused by bat volunteer damage where the claim is less than £500
Volunteer specialist in consultation with Head of Legal Services and Defra Business Partner Finance (Grade Senior Civil Servant)
U.2 Compensation payments under s28M of the Wildlife and Countryside Act 1981 (as amended)
All cases of compensation are controversial:
Over £250,000 Chief Executive in consultation Head of Legal Services and Defra Business Partner Finance (Grade Senior Civil Servant)
Up to£250,000 Appropriate Chief Officer in consultation with Defra Business Partner Finance (Grade Senior Civil Servant) & Head of Legal Services
In all cases where there is a dispute over the amount or nature of the compensation payment
Chief Executive in consultation Head of Legal Services and Head of Legal Services and Defra Business Partner Finance (Grade Senior Civil Servant)
U.3 Consolatory Payments
Defined as ex gratia payments made to individuals by organisations in respect of incidents which do not involve financial loss, e.g. stress, inconvenience, embarrassment etc. Consolatory Payments above £500 must go to HM Treasury.
All cases of compensation are controversial:
Over £500 HM Treasury for approval
U.4 Special Severance Payments:
Any payment in addition to or in excess of contractual terms that is designed to terminate employment, “always requires HMT approval”.
HM Treasury for approval
Table of Contents 37
Part V Corporate membership of other bodies Description Limit Authorised Officer
Approving applications for Natural England’s corporate membership of other bodies
Over £1,500 Chief Executive in consultation with Defra Business Partner Finance (Grade Senior Civil Servant)
Renewing of approved corporate Up to £1,500 Appropriate Director in consultation with Defra Business Partner Finance (Grade 6)
memberships of other bodies All cases Appropriate Director or Area Manager in consultation with Defra Business Partner Finance (Grade 6)
Part W Approval of Corporate planning documents and Annual Accounts
Submission Authorised Officer Delivery Framework Board Corporate Plan Board and Minister Annual Report and Accounts Board and Minister
Part X Governance
Limit Authorised Officer Endorsement of any expenditure that requires Defra approval Board
Table of Contents 38
Annex 1 Specified officers Delegation Name Role 1) Granting licences for the use of Natural England dataa) Non-royalty bearing standard Natural England IP licences
(NE Terms of Use; Open Data licences; contract or licences; co- deliverer licences)
Andrew Lee Senior Adviser, Data Science Services
Hannah Ross Senior Adviser, Data Science Services
Alison Wainwright Senior Adviser, NCEA, Evidence Services
Sophie Potter Senior Adviser, NCEA, Evidence Services
Rachel Wade Senior Adviser, NCEA, Evidence Services
Sarah Wren Lead Adviser, NCEA, Evidence Services
Ioanna Goula Lead Adviser, Data Science Services
Danai Georgopolou Lead Adviser, Data Science Services
Claire Edwards NCE Manager, Evidence Services
b) Royalty bearing standard Natural England IP licences (royaltybearing contract or licences/co-deliverer licences)
Claire Edwards NCE Manager, Evidence Services Abbie Keeper Team Manager, Access to Evidence Tim Hill Chief Scientist David Askew Director of Evidence
2) Approving licences for the use of external data providers dataa) Non-royalty bearing standard or non-standard IP licences Andrew Lee Senior Adviser, Data Science Services
Hannah Ross Senior Adviser, Data Science Services Alison Wainwright Senior Adviser, NCEA, Evidence Services Sophie Potter Senior Adviser, NCEA, Evidence Services Rachel Wade Senior Adviser, NCEA, Evidence Services Sarah Wren Lead Adviser, NCEA, Evidence Services Ioanna Goula Lead Adviser, Data Science Services Danai Georgopolou Lead Adviser, Data Science Services
Table of Contents 39
Delegation Name Role Claire Edwards NCEA Manager, Evidence Services
b) Royalty bearing standard or non-standard IP licences Claire Edwards NCEA Manager, Evidence Services Abbie Keeper Team Manager, Access to Evidence Tim Hill Chief Scientist David Askew Director of Evidence
FaLMA (Farm and Land Management Advice) Framework Name of Staff Member
Grade (Area Manager/Team Leader/Lead
Adviser/Adviser)
Agreement Set up and Amendment Approval (£)
Claim Payment (£)
Tracy Harland Senior Adviser Up to £250k inc VAT £100,000
Charles Orrell Senior Adviser Up to £250k inc VAT £100,000
Charlotte Andrews Senior Adviser Up to £250k inc VAT £250,000
HeatherTwizell Senior Adviser Up to £250k inc VAT £100,000
Graham Critchley Senior Adviser Up to £250k inc VAT £100,000
Tim Brandram Senior Adviser Up to £250k inc VAT £100,000
Satpal Kang Lead Adviser Up to £25k inc VAT £25,000
Tamsyn Payne Lead Adviser Up to £25k inc VAT £25,000
Rob Gordon Lead Adviser Up to £25k inc VAT £25,000
Phillipa Statter Lead Adviser Up to £25k inc VAT £25,000
Rebekah Naylor Lead Adviser Up to £25k inc VAT £25,000
Helen Taylor Lead Adviser Upto£25kincVAT £25,000
Elliott Randerson Lead Adviser (TP) Up to £25k inc VAT £25,000
Thomas Wynn Adviser Up to £10,000inc Vat £10,000
Natural England is here to secure a healthy natural environment for people to enjoy, where wildlife is protected and England’s traditional landscapes are safeguarded for future generations.
ISBN: 978-78367-299-8 Catalogue Code: NE703
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FaLMA (Farm and Land Management Advice) Framework Name of Staff Member
Grade (Area Manager/Team Leader/Lead
Adviser/Adviser)
Agreement Set up and Amendment Approval (£)
Claim Payment (£)
Maisie Nicholson Adviser N/A