Corporate Governance Framework
12 - Managing Public Money and other government-wide corporate guidance and instructions
12.1. Unless agreed by the Department and (as necessary) HM Treasury, the Gambling Commission shall follow the principles, rules, guidance and advice in Managing Public Money, referring any difficulties or potential bids for exceptions to DCMS in the first instance. A list of guidance and instructions with which the Gambling Commission should comply is in Annex A.
12.2. Once the overall budget has been allocated by DCMS and subject to any restrictions imposed by the responsible minister's instructions or this document, the Gambling Commission shall have authority to incur expenditure approved in the budget without further reference to the Department, on the following conditions:
- the Gambling Commission shall comply with the delegated financial limits agreed with the Department. These delegations shall not be altered without the prior agreement of DCMS
- the Gambling Commission shall comply with Managing Public Money regarding novel, contentious or repercussive proposals
- inclusion of any planned and approved expenditure in the budget shall not remove the need to seek formal departmental approval where any proposed expenditure is outside the delegated limits
- the Gambling Commission shall provide DCMS with such information about its operations, performance individual projects or other expenditure as the sponsor department may reasonably require
- the Gambling Commission shall comply with any additional requirements notified to them by the Department, for instance on spending controls or delegated authorities.
12.3. The Gambling Commission will, for functions undertaken in relation to the Gambling Act 2005, and in accordance with that Act, operate on a net running costs basis under which fee income received by the Commission is used to fund its work directly, rather than surrendered to the Government. Fees to fund these functions will be determined on a full cost recovery basis in accordance with the Treasury's Fees and Charges guidance.
12.4. Subject to periodic review, the Commission may retain non-grant-in-aid income for spending in connection with the achievement of the Commission's strategic aims. The Commission seeks to establish fees on a full cost recovery basis, taking one year with another where unforeseen surpluses or deficits occur, ensuring that fees remain appropriate and proportionate over the duration of the corporate plan.
12.5. Review of the Gambling Commission's fees is at the discretion of the Secretary of State, to be exercised in accordance with the principles of Managing Public Money. A consultation was published in July 2016 proposing revisions to fee levels and fee structure, with secondary legislation planned to come into force in April 2017. Beginning in April 2018, the Gambling Commission and DCMS will carry out an annual health check to determine whether fee levels remain appropriate or whether a further comprehensive review is required.
12.6. The annual check will consider any significant changes to legislation or to the number of regulated operators. It will also take into account levels of inflation, efficiency savings made by the Commission and whether changes to industry structures or patterns of risk have significantly altered the focus of its regulatory effort. The outcome of this consideration will be recorded and signed off by the Director of Finance or the Head of Gambling and Lotteries in DCMS and by the Chief Executive or Chief Operating Officer of the Gambling Commission. The annual check may be brought forward and a comprehensive review of fees initiated by DCMS if it is clear that this will be required.
Last updated: 27 February 2023
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