(a)
provide guidance on PPARC policy concerning insurance;
(b)
advise Establishments where PPARC carries commercial insurance;
(c) advise Establishments where PPARC does not carry
commercial insurance; and
(d) provide guidance on the circumstances where it may be
appropriate to carry insurance and
the procedures to be
followed.
3. PPARC’s
delegated authority in respect of insurance is contained in the Management
Statement and Financial Memorandum issued to PPARC by OST. This states:
"The Council may not
undertake any insurance, in respect of persons, activities, equipment, land or
buildings funded directly or indirectly by the Exchequer, except in order to
comply with any statutory obligations other than the Employers’ Liability
(Compulsory Insurance) Act 1969 for which an exemption certificate has been
issued, or where the undertaking of insurance is consistent with the guidance
set out in Government Accounting. Any other circumstances require the prior
approval of the OST."
4. The
principles to be followed regarding insurance are contained in Chapter 27 of
Government Accounting (GA), copies of which are held by Establishment Finance
Officers. Paragraphs 27.4.2 to 27.4.6, the text of which is reproduced at Annex
A to this FM, deal with the circumstances in which Non-Departmental Public
Bodies (NDPBs), such as PPARC, should contemplate insuring. In general, when
considering whether or not it is appropriate to insure, the underlying criterion
should be cost-effectiveness ie whether commercial insurance or non-insurance
would be expected to offer a better financial outcome. In many instances, except
where there is a legal requirement to insure, it will be necessary for PPARC to
refer proposals to insure to OST and/or Treasury for approval.
5. Vehicle
insurance is carried in order to meet statutory requirements. As a matter of
policy, PPARC restricts its vehicle insurance cover to the minimum required by
law except as described below.
6. In the UK,
the minimum insurance required under the Road Traffic Acts is third party cover.
PPARC’s insurance policy provides third party liability cover for vehicles owned
by PPARC for use within the UK. Accordingly, where a PPARC-owned vehicle is
involved in an accident, which is the fault of PPARC or PPARC’s employee, then
PPARC’s insurers will deal with any claim made by any third party for injury
or damage arising as a result of the accident. Though the policy does not
provide cover for the cost of repairs to the PPARC vehicle, where the accident
is the fault of a known third party (ie someone other than the employee), PPARC’s
insurers will seek to recover such costs from the third party.
7. PPARC’s
insurance policy also provides comprehensive cover for vehicles hired by
PPARC for use in the UK, subject to a £100 policy excess. The cost of any
repairs in respect of accidental damage caused to hire vehicles will therefore
be reimbursed by PPARC’s insurers, subject to the policy excess. The excess
will be met directly by PPARC. If responsibility for the accident rests with
either PPARC or PPARC’s employee, then the insurers will also meet the cost of
any relevant third party claim. Where an accident is the fault of a known third
party, the insurers will take the necessary action including seeking to recover
the policy excess from the party responsible.
8. Staff
hiring vehicles whilst on official business overseas should ensure that
appropriate insurance cover has been taken out with the car rental company both
to meet the minimum requirements of local legislation and to provide cover for
loss and/or damage to the vehicle itself and personal injury to third parties.
This usually involves selecting both the collision damage waiver (CDW) and
comprehensive personal liability options. Some companies offer additional
options providing cover for loss of or damage to personal property carried
within the vehicle and/or injury compensation benefits for the driver. Such
additional policies should not be purchased. Staff should seek advice from their
own Travel Sections in the case of unusual destinations. Where appropriate,
Travel Sections may authorise the purchase of a bail bond to safeguard the
position of the driver.
9. Where
vehicles registered in the UK, and owned by or hired to PPARC, are required for
travel to Europe on PPARC business the "green card" procedure should
be used. Arrangements should be made through Travel
Sections in Swindon Office and the ATC.
10.
PPARC vehicles purchased and registered abroad should be insured there for the
minimum insurance required by the laws of the country concerned except where
otherwise agreed with the Head of Finance, PPARC (eg fully comprehensive cover
is the norm for vehicles kept for mountain top use by visiting observers).
Insurance arrangements should be made through Establishment Finance Officers or
their nominees in accordance with locally issued instructions.
11. Any
exceptions to the above requirements must be agreed with the Head of Finance,
PPARC.
12. Staff
using privately owned vehicles on PPARC business are responsible for arranging
their own insurance - Conditions of Employment Memoranda (CEMs) Chapter 5 B 3.13
refers.
13.
PPARC’s current vehicle insurance policy has been arranged by NERC Contracts
Section acting on behalf of NERC and the other Swindon-based Research Councils.
Responsibility for liaison rests with Personnel Group, Swindon Office, to whom
all enquiries should be addressed. A copy of the policy and certificate of
insurance is available on request. Contact details are shown at Annex B to this
FM.
14. As a
matter of policy, PPARC carries insurance in respect of the provision of
emergency medical treatment for staff travelling abroad on PPARC business. This
insurance is carried because PPARC staff no longer have access to consular
facilities to guarantee the cost of treatment previously met by the UK
Government. Responsibility for arranging this insurance rests with Personnel
Group, Swindon Office. Full details of the scope of the insurance policy and the
extent of the cover provided may be obtained from Establishment Travel Sections.
A summary of the cover provided together with emergency contact information is
supplied by Travel Sections to all travellers when their travel tickets are
issued. It should be noted that the scope of the policy does not extend to
periods of annual leave taken at the start or end of a business trip. Members of
staff are responsible for arranging their own insurance cover, if required, for
any such periods of leave. Different arrangements apply to staff based overseas
on detached duty (information is available from Personnel Sections at the ING
and the JACH).
16. As a
matter of policy, PPARC does not normally carry insurance in respect of the risk
of loss of or damage to its buildings or their contents. This is because such
insurance is not considered to be cost effective across Government Departments
and NDPBs as a whole.
17. PPARC’s
policy in all other circumstances is to consider the cost effectiveness of
carrying commercial insurance. When assessing the cost effectiveness of
insuring, the guidance provided in GA Chapter 27.2 should be followed. This
chapter includes sections on risk management, the nature of insurance and
appraisal of the options in order to determine which provides the best value for
money. It also describes special circumstances which may justify commercial
insurance eg policies covering boilers and lifts where the policy provides for
periodic expert inspection and maintenance designed to reduce the risk of loss
or damage.
18. In
developing risk management strategies, Establishments should ensure that the
risks faced have been adequately identified and dealt with appropriately. Risk
management strategies should be kept under review and modified as necessary to
reflect changes in circumstances.
19. Where
commercial insurance is arranged in connection with any repayment activity, the
amount of the premium payments to the insurers should be included in the
calculation of PPARC’s costs for the purpose of determining the fee or charge
levied on its customers. Where it is considered inappropriate to take out
commercial insurance, Establishments should include in their cost calculations a
notional insurance premium for all relevant uninsured risks eg damage to or loss
of PPARC assets, employer’s liability and third party liability. Guidance on
the calculation of notional insurance premiums can be found in DAO (GEN) 5/93,
copies of which are held by Establishment Finance Officers.
20. Losses
and claims involving vehicles owned by or hired to PPARC in the UK are handled
by PPARC’s Legal Liaison Officer, Personnel Group, Swindon Office to whom all
accidents must be reported without delay. Contact details are shown at Annex
B to this FM. Accident report forms are available from
Establishment Travel Officers.
21.
Losses and claims involving vehicles owned by or hired to PPARC at the JACH or
the ING are handled in accordance with locally issued instructions. In dealing
with any such uninsured losses or claims, Establishments shall have regard to
their own delegated authority limits.
22. In
the case of claims from third parties (including members of staff) in respect of
loss of or damage to their personal property or personal injury arising through
incidents on PPARC’s premises, including industrial accidents, it may be
necessary to seek legal advice. In the event of receipt of any such claim PPARC’s
Legal Liaison Officer must be consulted without delay.
23. In the case
of the uninsured loss of or damage to PPARC assets, the question of repair or
replacement should first be considered. The cost of repair or replacement must
be met from within existing allocations and should be treated and appraised as a
new investment decision taking full account of delegated authority limits and
requirements.
24. The advice
of PPARC’s Legal Liaison Officer should be sought where Establishments
consider there may be a case for recovering PPARC’s uninsured losses from a
third party.
25. All
write-offs and losses must be reported to PPARC Finance Division, Swindon
Office. Contact details are shown at Annex B to
this FM.
26. Whenever
there is a perceived need to use commercial insurance, other than in
circumstances meeting the criteria set out in GA Chapter 27 paragraphs 27.4.3
(a), (b) and (c), a case must be submitted to the Head of Finance, PPARC for
approval or onward communication for further consideration by OST and/or
Treasury. Proposals should be routed through Establishment Finance Officers and
must include full risk assessments and appraisal of alternative options.
Whenever doubt exists as to whether the circumstances of a particular case fall
within the scope of GA 27.4.3 (a), (b) or (c), the Head of Finance, PPARC, must
be consulted. Once formal approval to purchase commercial insurance has been
obtained, Establishments will need to consider whether the proposed purchase
falls within the scope of the EU procurement regulations before inviting tenders
(see FM 402 for further guidance on EU procurement).
27.
Establishments are required to submit an annual return to the Head of Finance,
PPARC detailing all instances in which commercial insurance has been purchased,
including the renewal of existing policies. Returns should cover both cases
falling within the criteria set out in GA Chapter 27 paragraphs 27.4.3 (a), (b)
and (c) and cases requiring submission of proposals to the Head of Finance,
PPARC.
28. Queries
concerning the interpretation of this FM and further guidance on its contents
may be obtained from the Financial Propriety Group, PPARC Finance Division,
Swindon Office. Full contact details are shown at Annex
B to this FM.
27.4.2
In deciding whether an NDPB should insure the underlying criterion should be
cost effectiveness subject to the provisos set out in paragraph
27.4.3. The provisos are:
(a)
where there is a legal requirement to insure commercially an NDPB must of
course do so; for example, if it is required to comply with the Road Traffic
Acts;
(b)
where an NDPB’s costs are not entirely covered by a combination of Exchequer
grants and receipts from fees and charges the sponsor department should
consider whether non-insurance would mean that the Exchequer might have to
bear a disproportionately large share of the costs in the event of a loss or a
claim from a third party (to which the other sponsor or sponsors might not be
in a position to contribute). As a general rule of thumb where the Exchequer
contributes less than half of the non-fee income an NDPB should insure
commercially. (For example, if fees and charges accounted for 25 per cent of a
body’s income with the Exchequer contributing 35 per cent and another
sponsor contributing 40 per cent – the body should insure);
(c) where a
body engages in an "income generation" scheme to supplement the
approved level of public funding. In such cases commercial insurance should be
taken out to cover the risks to which the "income generation"
activities would give rise, to the extent that the cost of any losses could
not be met out of the income generated by those activities. The rationale for
this requirement is that it would be wrong, as a matter of policy, for the
Exchequer to shoulder the risks associated with activities designed to
supplement the level of public financing;
(d) where an
NDPB undertakes an operation of a mainly commercial nature and where
commercial insurance would not impose an extra cost on the Exchequer or result
in public money being used to purchase non-cost-effective commercial insurance
at the expense of policy objectives, and a NDPB considers there is a clear
case for insuring commercially. The Treasury will be prepared to consider
proposals for commercial insurance in such cases in consultation with the
sponsor department. Any such types of insurance which it is agreed an NDPB may
undertake should be listed in the NDPB’s financial memorandum. (See
paragraph 27.4.7.)
27.4.4 In
considering cost-effectiveness NDPBs and their sponsor departments should
observe the guidance in section 2 of this chapter.
27.4.5
NDPBs, like departments, should review their insurance arrangements from time to
time (paragraph 27.3.3).
27.4.6 If an NDPB
wishes to insure in any circumstance other than those described in
paragraph 27.4.3 (a), (b) and (c) or specifically provided for in its financial
memorandum it should consult its sponsor department, which in turn should
consult the Treasury. The requirement for the PAC to be notified of any major
proposals to use commercial insurance (see paragraph 27.3.4) also applies to
NDPBs. The Treasury will consider in examining proposals whether the Committee
will need to be informed.