Policy paper

Sport England framework document 2023

Published 22 December 2023

Applies to England

Introduction and background

1. Purpose of document

1.1. This framework document has been agreed between the Department for Culture, Media and Sport (DCMS) and Sport England in accordance with HM Treasury’s handbook Managing Public Money (“MPM”) (as updated from time to time) and has been approved by HM Treasury.

1.2. This framework document sets out the broad governance framework within which Sport England and DCMS operate. It sets out Sport England’s core responsibilities, describes the governance and accountability framework that applies between the roles of DCMS and Sport England and sets out how the day-to-day relationship works in practice, including in relation to governance and financial matters.

1.3. The document does not convey any legal powers or responsibilities but both parties agree to operate within its terms.

1.4 References to Sport England include all its subsidiaries and joint ventures that are classified to the public sector and central government for national accounts purposes. If Sport England establishes a subsidiary or joint venture, there shall be a document setting out the arrangements between it Sport England and DCMS.

1.5. Copies of the document and any subsequent amendments have been placed in the libraries of both Houses of Parliament and made available to members of the public on (https://www.gov.uk/government/organisations/sport-england%20%20%20)

1.6. This framework document should be reviewed and updated at least every 3 years unless there are exceptional reasons that render this inappropriate that have been agreed with HM Treasury and the Principal Accounting Officer of the sponsor department. The latest date for review and updating of this document is 31 March 2025.

2. Objectives

2.1. The DCMS and Sport England share the common objective of delivering opportunities for the public to participate in sport and physical activity. To achieve this Sport England and the DCMS will work together in recognition of each other’s roles and areas of expertise, providing an effective environment for the Sport England to achieve its objectives through the promotion of partnership and trust and ensuring that Sport England also supports the strategic aims and objective of the department and wider government as a whole.

2.2. The Secretary of State outlined their priorities for the period 2022-25 in the latest Settlement Letter sent to Sport England. As well as the specific priorities and expectations for Sport England as outlined below, the Secretary of State expects all Public Bodies, where reasonable, to align their activities with the government’s priorities, first among which is supporting the successful recovery of the economy with the full richness brought by DCMS sectors.

2.3. This needs to be the case for all citizens across the UK and the Secretary of State expects all DCMS bodies to consider how their contribution will be felt by people living in all areas of the country - in particular those outside of London and the South East. Public Bodies should also take care to act independently and impartially, uninfluenced by political campaigning.

2.4. Public Bodies also have a duty to ensure that they are working to eliminate discrimination and advance equality of opportunity. This includes ensuring that factors such as socio-economic background and geographic location are considered in the development and delivery of programmes, as well as protected characteristics.

2.5. The Secretary of State/responsible Minister(s) has agreed that, subject to paragraph 1.3, the priorities of Sport England should be as follows:

  • Delivering the commitments that it set out in its Implementation Plan 2022-25.
  • Reporting on its performance in implementing Uniting the Movement.

2.6. In addition, Sport England should prioritise working alongside Government and Games Partners to ensure that they fully support the legacy benefits of the 2022 Commonwealth Games.

2.7. The Secretary of State will clearly communicate to Sport England any further priorities for the period of the agreement, and Sport England will ensure that its activities and strategy are aligned with these priorities. The priorities align with and help to support objectives and work programmes set out in the DCMS Outcome Delivery Plan.

2.8. In addition, Sport England has the following strategic priorities, details of which are set out in Sport England’s Corporate/Business Plan

3. Classification

3.1. Sport England has been classified as a central government organisation by the ONS/HM Treasury Classifications Team.

3.2. It has been administratively classified by the Cabinet Office as a non-departmental public body (NDPB).

Purposes, aims and duties

4. Purposes

4.1. Sport England is the Home Country Sports Council for England with responsibility for investing in, promoting and increasing participation in sport and physical activity among the public. Its Royal Charter sets out its overall object of:

4.2. “Fostering, supporting and encouraging the development of sport and physical recreation and the achievement of excellence therein among the public at large in England and the provision of facilities therefore.”

4.3. Sport England’s strategic vision and mission statement are set out in detail in its strategy, Uniting the Movement, published in January 2021.

4.4. Its mission statement is:

We’re here to invest in sport and physical activity to make it a normal part of life for everyone in England, regardless of who you are.  Because it’s not always a level playing field.  Right now, the opportunities to get involved in sport and activity – and reap the rewards of being active – depend too much on your background, your gender, your bank balance and your postcode.  We’re determined to tackle this and unlock the advantages of sport and physical activity for everyone.

4.5. Throughout all its work, Sport England will work to tackle inequalities in sport and physical activity, investing in those that need it most, balancing national and local action and making the organisation as simple as possible to work with, to increase activity levels across the nation. Its work will focus on 5 big issues:

  • Recover and reinvent: recovering from the biggest crisis in a generation, alongside the cost of living challenges and reinventing as a vibrant, relevant and sustainable network of organisations providing sport and physical activity opportunities that meet the needs of different people.
  • Connecting communities: focusing on sport and physical activity’s ability to make better places to live and bring people together.
  • Positive experiences for children and young people: an unrelenting focus on positive experiences for all children and young people as the foundations for a long and healthy life.
  • Connecting with health and wellbeing: strengthening the connections between sport, physical activity, health and wellbeing, so more people can feel the benefits of, and advocate for, an active life.
  • Active environments: creating and protecting the places and spaces that make it easier for people to be active.

4.6. The strategy is underpinned by a 3-year implementation plan 2022-25 which sets out the collective aims for implementing Uniting the Movement and what that means as they work with others to transform lives and communities through sport and physical activity.

4.7. These ambitions and commitments are set out in the Uniting the Movement Implementation Plan - Years 2 to 4 (2022-25)

5. Powers and duties

5.1. Sport England (the English Sports Council) was established by Royal Charter in 1996 and receives Grant in Aid from DCMS by virtue of the Physical Training and Recreation Act 1937. This agreement complements Sport England’s Financial Directions and Statement of Financial Requirements (SFR) and its provisions, unless otherwise stated in the SFR, apply to the administration of National Lottery proceeds. It should also be read alongside the Sport England’s Policy and Accounts Directions issued under the National Lottery etc. Act 1993.

5.2. Sport England statutory duties and functions are to:

  • Protect playing fields, through its role as a statutory consultee on planning applications that affect playing fields, under SI2015/595 (as amended or replaced from time to time).

5.3. Furtherance of its objects the council shall have the following powers:

  • To develop and improve the knowledge and practice of, and education and training in, sport and physical recreation in the interests of social welfare and the enjoyment of leisure among the public at large in England;
  • To encourage and develop higher standards of performance and the achievement of excellence among persons or teams from England participating in sport and physical recreation;
  • To foster, support and undertake provision of facilities for the benefit of sport and physical recreation in England;
  • To advise, encourage and assist individuals or teams from England participating in events or seeking to gain relevant experience at home or abroad:
  • To collaborate with the United Kingdom Sports Council in dealings with national, foreign or international bodies;
  • To carry out itself, or to encourage and support other persons or bodies in carrying out, research or studies into matters concerning sport and physical recreation in England; and to disseminate knowledge and advice on these matters;
  • To encourage, facilitate or undertake the implementation of proposals or findings arising out of such research or studies;
  • To encourage and support the adoption of the highest ethical standards among persons or teams from England participating in sport and physical recreation;
  • To make grants or loans upon and subject to such conditions and otherwise as the Council shall deem fit provided always that the Council shall attach to any loan made by it such conditions as may be prescribed from time to time by Our Secretary of State;
  • To advise and assist, and to cooperate with, Departments of Our Government, local authorities, the United Kingdom Sports Council, the other Home Country Sports Councils and other bodies, on any matters concerned whether directly or indirectly with its objects;
  • Subject to the prior approval of Our Secretary of State, to establish, or act a s trustee or member of, any charity the objects of which include any of the objects of the Council;
  • To enter into contracts, to acquire, hold and dispose of property of any kind and generally do all matters and things incidental or appertaining to a corporate body;
  • Subject to the prior approval of Our Secretary of State, to form or take part in the forming of or to establish and act as director or any company (whether formed by the council or not) the objects which include any of the objects of the council:
    m) to carry on any other activity for the benefit of sport and physical recreation in England

6. Aims

6.1 Sport England’s strategic aim is set out in its ten-year strategy, Uniting the Movement. It exists to champion the life-changing impact of being active, to tackle deep-rooted inequalities and unlock the advantages of sport and physical activity for everyone.

6.2. It shares, with its network of partners, the ambition to effect change in 4 main areas:

  • increasing levels of physical activity
  • decreasing levels of inactivity
  • narrowing the inequalities within levels of physical activity/inactivity
  • improving the experience of sport and physical activity for children and young people

6.3. To achieve this, Sport England draws on the powers set out in its Royal Charter and contributes to these main areas through targeted work in 5 specific areas:

  • System Partners - investment to sustain a network of more than 130 organisations that forms (and transforms) the backbone of sport and physical activity in England and that underpins the activity habits of around 14 million people each week.
  • Place - investment in facilities, its statutory planning function, its work in the 12 Local Delivery Pilots and the planned expansion of place-based working into more and more places across the country, in a way that ensures people in those areas are more likely to be active.
  • Open funding - its mechanism for getting money directly into the hands of local and national organisations to provide opportunities to get active and address inequalities
  • Campaigns - its work to change attitudes towards sport and physical activity, particularly for those less likely to take part, in a way that encourages them to become more active.
  • Other Investment - into targeted areas to support the wider sport system and create the long-term conditions for success, e.g. improving governance and safeguarding standards.

Governance and accountability

7. Governance and accountability

7.1. Sport England shall operate corporate governance arrangements that, so far as practicable and in the light of the other provisions of this framework document or as otherwise may be mutually agreed, accord with good corporate governance practice and applicable regulatory requirements and expectations.

7.2. In particular (but without limitation), Sport England should:

  • comply with the principles and provisions of the Corporate Governance in Central Government Departments Code of Good Practice (as amended updated from time to time) to the extent appropriate and in line with their statutory duties or specify and explain any non-compliance in its annual report
  • comply with MPM
    • in line with MPM have regard to the relevant Functional Standards as appropriate and in particular those concerning Finance, Commercial and Counter Fraud
    • take into account the codes of good practice and guidance set out in Annex A of this framework document, as they apply to ALBs

7.3. In line with MPM Annex 3.1 Sport England shall provide an account of corporate governance in its annual governance statement including the Board’s assessment of its compliance with the Code with explanations of any material departures. To the extent that Sport England does intend to materially depart from the Code, the sponsor should be notified in advance.

Role of the department

8. The responsible Minister

8.1.The Secretary of State and other members of the DCMS ministerial team are accountable to Parliament for all matters concerning Sport England

Appointments to the Board

8.2. The Chief Executive of Sport England is appointed by the Board subject to the approval of the Secretary of State of DCMS under section 13(1) of the Royal Charter.

8.3. The Minister shall have the following appointment and approval rights in relation to Sport England’s Board:

  • The Chair, Vice Chair and members of the Board are appointed by the Secretary of State for DCMS under section 5 of the Royal Charter. These appointments are subject to the Public Appointments Order in Council and as such must comply with the Governance Code on Public Appointments.
  • Non- executive members (for example specialist independent members of Committees of the Board, or Directors of Sport England’s subsidiary bodies) are appointed by the Board under section 9(1) of the Royal Charter.
  • All such appointments should have regard to the principle that appointments should reflect the diversity of the society in which we live, and appointments should be made taking account of the need to appoint boards which include a balance of skills and backgrounds.

Other Ministerial powers and responsibilities

8.4. The Minister is also responsible for:

  • the policy framework within which Sport England operates
  • setting the performance framework within which Sport England will operate including approving Sport England’s Strategy and Annual Plan
  • matters regarding spending approvals, acquisitions, disposals, and joint ventures in line with delegations as set out in the delegation letter
  • such other matters as may be appropriate and proportionate

9. The Principal Accounting Officer

9.1. The Principal Accounting Officer (PAO) is the Permanent Secretary of the department.

PAO’s specific accountabilities and responsibilities

9.2. The DCMS Permanent Secretary, as PAO of DCMS, designated the Chief Executive of Sport England as Sport England Account Officer (AO) and ensures that they are fully aware of their responsibilities. The PAO issues a letter appointing the AO, setting out their responsibilities and delegated authorities 9.3. The respective responsibilities of the PAO and Accounting Officers are set out in Chapter 3 of MPM. 9.4. The PAO is accountable to parliament for the issue of any grant-in-aid to Sport England.

9.5. The PAO via the sponsorship team is also responsible for advising the responsible minister on:

  • an appropriate framework of objectives and targets for Sport England in light of the Department’s wider strategic aims and priorities
  • an appropriate budget for Sport England in the light of the sponsor department’s overall public expenditure priorities
  • how well Sport England is achieving its strategic objectives and whether it is delivering value for money
  • the exercise of the Minister’s statutory responsibilities concerning Sport England

9.6. The PAO via the sponsorship is also responsible for ensuring arrangements are in place in order to:

  • monitor Sport England’s activities and performance
  • address significant problems in Sport England making such interventions as are judged necessary
  • periodically and at such frequency as is proportionate to the level of risk carry out an assessment of the risks both to the department and Sport England’s objectives and activities in line with the wider departmental risk assessment process
  • inform Sport England of relevant government policy in a timely manner
  • bring ministerial or departmental concerns about the activities of Sport England to the Sport England board, and, as appropriate to the departmental Board, requiring explanations and assurances that appropriate action has been taken

10. The role of the sponsorship team

10.1. The Sport Participation Team in the department is the primary contact for Sport England. They are the main source of advice to the responsible minister on the discharge of their responsibilities in respect of Sport England. They also support the PAO on their responsibilities toward Sport England.

10.2. Officials of the Sports team in DCMS will liaise regularly with Sport England officials to review performance against plans, achievement against targets and expenditure against its DEL and AME allocations. The Sports team will also take the opportunity to explain wider policy developments that might have an impact on Sport England.

11. Resolution of disputes between Sport England and DCMS

11.1. Any disputes between the DCMS and Sport England will be resolved in as timely a manner as possible. DCMS and Sport England will seek to resolve any disputes through an informal process in the first instance. If this is not possible, then a formal process, overseen by the senior sponsor, will be used to resolve the issue. Failing this, the senior sponsor will ask the relevant policy Director General to oversee the dispute. They may then choose to ask the Permanent Secretary to nominate a non-executive member of the department’s Board to review the dispute, mediate with both sides and reach an outcome, in consultation with the Secretary of State.

12. Freedom of Information Request and Other Data Requests

12.1. Where a request for information is received by either party under the Freedom of Information Act 2000, or the Data Protection Act 1998 or 2018, the party receiving the request will consult with the other party prior to any disclosure of information that may affect the other party’s responsibilities.

13.1. Sport England shall provide a quarterly update to the sponsor on the existence of any active litigation and any threatened or reasonably anticipated litigation. The parties acknowledge the importance of ensuring that legal risks are communicated appropriately to the sponsor in a timely manner.

13.2. In respect of each substantial piece of litigation involving Sport England, the parties will agree a litigation protocol which will include specific provisions to ensure appropriate and timely reporting on the status of the litigation and the protection of legally privileged information transmitted to the sponsor to facilitate this. Until such time as a protocol is agreed, the parties will ensure that:

  • material developments in the litigation are communicated to the sponsor in an appropriate and timely manner
  • legally privileged documents and information are clearly marked as such
  • individual employees handling the legally privileged documents are familiar with principles to which they must adhere to protect legal privilege
  • circulation of privileged information within government occurs only as necessary

Sport England governance structure

14. The Chief Executive

Responsibilities of the ALB’s chief executive as accounting officer

14.1. The Chief Executive as AO is personally responsible for safeguarding the public funds for which they have charge; for ensuring propriety, regularity, value for money and feasibility in the handling of those public funds; and for the day-to-day operations and management of Sport England. In addition, they should ensure that Sport England as a whole is run on the basis of the standards, in terms of governance, decision-making and financial management that are set out in (at the time of writing) Box 3.1 of MPM. These responsibilities include the below and those that are set in the AO appointment letter issued by the PAO of the sponsor department.

Responsibilities for accounting to Parliament and the public

14.2. Responsibilities to Parliament and the public include:

  • signing the accounts and ensuring that proper records are kept relating to these accounts and that they are properly prepared and presented in accordance with Treasury Guidance and any directions issued by the Secretary of State;
  • preparing and signing a Governance Statement covering corporate governance, risk management and oversight of any local responsibilities, for inclusion in the annual report and accounts;
  • ensuring that effective procedures for handling complaints about Sport England in accordance with Parliamentary and Health Service Ombudsman’s Principles of Good Complaint Handling are established and made widely known within Sport England and published on GOV.UK / Sport England;
  • Acting in accordance with the terms of this document, MPM and other instructions and guidance issued from time to time by the Department, the Treasury and the Cabinet Office;
  • Acting in accordance with:
    • any governing legislation
    • this framework document
    • any delegation letter issued to body as set out in paragraph 18.1
    • any elements of any settlement letter issued to the sponsor department that is relevant to the operation of Sport England
    • any separate settlement letter that is issued to Sport England from the sponsor department;
  • ensuring they have appropriate internal mechanisms for monitoring, governance and external reporting regarding non-compliance with any conditions arising from the above documents;
  • giving evidence, normally with the PAO, when summoned before the Public Accounts Committee on Sport England’s stewardship of public funds.

Responsibilities to DCMS

14.3. Responsibilities to DCMS include:

  • establishing, in agreement with the department, Sport England’s corporate and business plans in the light of the department’s wider strategic aims and agreed priorities;
  • informing the department of progress in helping to achieve DCMS’s policy objectives as defined in the Outcome Delivery Plan (ODP) and in demonstrating how resources are being used to achieve those objectives;
  • ensuring that timely forecasts and monitoring information on performance and finance are provided; that the Department is notified promptly if overspends or underspends are likely and that corrective action is taken; and that any significant problems whether financial or otherwise, and whether detected by internal audit or by other means, are notified to the department in a timely fashion.

Responsibilities to the board

14.4. The Chief Executive is responsible for:

  • advising the Board on the discharge of their responsibilities as set out in this document, in its statutory duties and functions and in any other relevant instructions and guidance that may be issued from time to time
  • advising the Board on Sport England’s performance compared with its aims and objectives
  • ensuring that financial considerations are taken fully into account by the Board at all stages in reaching and executing its decisions, and that financial appraisal techniques are followed

Managing conflicts

14.5. The Chief Executive should follow the advice and direction of the Board, except in very exceptional circumstances with a clear cut and transparent rationale for not doing so.

14.6. If the Board, or its chairperson, is contemplating a course of action involving a transaction which the Chief Executive considers would infringe the requirements of propriety or does not represent prudent or economical administration, efficiency or effectiveness, is of questionable feasibility, or is unethical the Chief Executive in their role as AO should reject that course of action and ensure that the Board have a full opportunity to discuss the rationale for that rejection.

14.7. Such conflicts should be brought to the attention of the PAO and the responsible Minister as soon as possible.

14.8. Furthermore, and if agreed with the responsible Minister, the AO must write a letter of justification to the chair of the Management Board setting out the rationale for not following the advice and recommendation of the board and copy that letter to the Treasury Officer of Accounts.

14.9. If the responsible Minister agrees with the proposed course of action of the Board it may be appropriate for the Minister to the direct the AO in the manner as set out in MPM paragraph 3.6.6 onwards.

15. The Board

Composition of the Board 

15.1. Sport England will have a Board in line with good standards of corporate governance and as set out in its establishing statute and in guidance as set out in Annex A. The role of the Board shall be to run Sport England, and to deliver the objectives, in accordance with the purposes as set out above, their statutory, regulatory, common law duties and their responsibilities under this framework document. Detailed responsibilities of the board shall be set out in the Board terms of reference. Remuneration of the Board will be disclosed in line with the guidance in the Government Financial Reporting manual (FReM).

15.2. The Board will consist of a chairperson, vice-chairperson and up to 12 executive members that have a balance of skills and experience appropriate to directing Sport England’s business. For Sport England there should be members who have experience of its business, operational delivery, corporate services such as HR, technology, property asset management, estate management, communications and performance management. The Board should include a majority of independent non-executive members to ensure that executive members are supported and constructively challenged in their role.

Board Committees

15.3. The Board may set up such committees as necessary for it to fulfil its functions. As is detailed below at a minimum this should include an Audit and Risk Committee chaired by an independent and appropriately qualified non-executive member of the Board.  A scheme of agreed delegations to committees and the mechanisms for feedback and assurance should be documented.

15.4. While the Board may make use of committees to assist its consideration of appointments, succession, audit, risk and remuneration it retains responsibility for, and endorses, final decisions in all of these areas. The Chair should ensure that sufficient time is allowed at the board for committees to report on the nature and content of discussion, on recommendations, and on actions to be taken.

15.5. Where there is disagreement between the relevant committee and the Board, adequate time should be made available for discussion of the issue with a view to resolving the disagreement. Board members should ensure these concerns are recorded in the minutes of the relevant meeting. Where any such disagreement cannot be resolved, the committee concerned should have the right to report the issue to the sponsor team, PAO and responsible Minister. They may also seek to ensure the disagreement or concern is reflected as part of the report on its activities in the annual report.

15.6. The Chair should ensure board committees are properly structured with appropriate terms of reference. The terms of each committee should set out its responsibilities and the authority delegated to it by the Board. The Chair should ensure that committee membership is periodically refreshed and that individual independent non-executive directors are not overburdened when deciding the chairs and membership of committees.

Duties of the Board

15.7. Notwithstanding the Accounting Officer’s personal responsibilities, the Board is the principal governing body within the organisation. As such, it is responsible for:

  • discharging Sport England’s functions;
  • providing strategic leadership, direction, support and guidance and taking forward the development and implementation of Sport England’s strategic aims and objectives;
  • ensuring that Sport England operates within its statutory remit and the limits of its statutory powers and functions, its regulatory framework and any delegated authority and policy framework determined by the Secretary of State;
  • overseeing, monitoring and holding to account, the day-to-day leadership of the organisation;
  • ensuring that adequate corporate governance, audit and control systems are in place, including the use of the Audit, Risk and Governance Committee to help the Board to address key financial and other risks to ensure statutory and administrative requirements are met, including that Sport England operates in accordance with any other conditions relating to the use of public funds; and that, in reaching decisions, the Board takes into account guidance issued by DCMS;
  • ensuring effective arrangements are in place to monitor and provide assurance on the management of risk, including reputational risk and communicating these with DCMS;
  • ensuring that the responsible minister is kept informed of any changes which are likely to impact on the strategic direction of Sport England on the attainability of its targets, and determining the steps needed to deal with such changes;
  • maintaining adequate oversight of the organisation’s activities, in particular its finances, to ensure that public money is spent with probity in accordance with government policy and guidelines; and
  • appointing with the Secretary of State’s approval a Chief Executive and, in consultation with the department, set performance objectives and remuneration terms linked to these objectives for the Chief Executive which give due weight to the proper management and use and utilisation of public resources.

15.8   The Board should ensure that effective arrangements are in place to provide assurance on risk management, governance and internal control.

15.9  The Board should make a strategic choice about the style, shape and quality of risk management and should lead the assessment and management of opportunity and risk. The Board should ensure that effective arrangements are in place to provide assurance over the design and operation of risk management, governance and internal control in line with the Management of Risk: Principles and Concepts (‘the Orange Book’). The Board must set up an Audit and Risk Assurance Committee chaired by an independent and appropriately qualified non-executive member to provide independent advice and ensure that the department’s Audit and Risk Assurance Committee are provided with routine assurances with escalation of any significant limitations or concerns. The Board is expected to assure itself of the adequacy and effectiveness of the risk management framework and the operation of internal control.

16. The Chair’s role and responsibilities 

16.1. The Chair is responsible for leading the Board and ensuring its effectiveness. The Chair is responsible for leading on the implementation of Sport England’s Strategy and its annual plans.

16.2. Communications between Sport England’s Board and the responsible Minister should normally be through the Chair

16.3. The Chair is bound by the Code of Conduct for Board Members of Public Bodies, which covers conduct in the role and includes the Nolan Principles of Public Life.

16.4. In addition, the Chair is responsible for: - ensuring including by monitoring and engaging with appropriate governance arrangements that the [ALB’s] affairs are conducted with probity - corporate governance – encouraging high standards of probity including promoting the organisation’s use of appropriate governance arrangements - assurance to responsible ministers - ensuring that the Board when making decisions complies with Sport England’s statutory functions and takes proper account of the strategic policies and guidance of the DCMS and Ministers

16.5. The Chair has the following leadership responsibilities:

  • formulating the Board’s strategy
  • promoting the efficient and effective use of staff and other resources
  • representing the views of the Board to the general public

16.6. The Chair also has an obligation to ensure that:

  • the Board considers the effectiveness of the organisation’s governance in light of the Government Code of Good Practice for Corporate Governance and the Code for Sports Governance
  • there is a Board Operating Framework in place setting out the role and responsibilities of the Board consistent with the Government Code of Good Practice for Corporate Governance and the Code for Sports Governance
  • the Board is working effectively and the performance of its members is assessed annually with a formal annual evaluation and more in-depth assessments of the performance of individual Board members when being considered for re-appointment
  • that in conducting assessments of the Board and individual Board member’s performance the view of relevant stakeholders including employees and the DCSM sponsorship are sought and considered
  • that the Board has a balance of skills appropriate to directing Sport England’s business, and that all directors including the Chair and Chief Executive continually update their skills, knowledge and familiarity with Sport England to fulfil their role both on the Board and committees. This will include but not be limited to skills and training in relation to financial management and reporting requirements, risk management and the requirements of board membership within the public sector
  • Board members are fully briefed on terms of appointment, duties, rights and responsibilities
  • the responsible Minister is advised of Sport England’s needs when board vacancies arise

17. Individual board members’ responsibilities 

17.1. Individual board members should:

  • comply at all times with the Code of Conduct for Board Members of Public Bodies, which covers conduct in the role and includes the 7 Nolan Principles of Public Life.
  • exemplify the principles of good conduct set out in the Code of Conduct for Board Members of Public Bodies and exemplify Sport England’s values.
  • demonstrate adherence to the 12 Principles of Governance for all Public Body Non-Executive Directors
  • not use information gained in the course of their public service for personal gain or for political profit, nor seek to use the opportunity of public service to promote their own private interests or those of connected persons or organisations.
  • not, during the term of their appointment or afterwards, disclose to anyone or otherwise make use of this confidential information, except in the proper performance of their duties or as may be required by law without prior clearance from the Chair.
  • comply with the Board’s rules on the acceptance of gifts and hospitality, conflicts of interest and of business appointments and that these are declared at Board meetings and the Chair is notified of any amendments
  • act in good faith and in the best interests of Sport England
  • ensure they are familiar with any applicable guidance on the role of public sector non-executive directors and boards that may be issued from time to time by the Cabinet Office, HM Treasury or wider government

Management and financial responsibilities and controls

18. Delegated authorities

18.1. Sport England delegated authorities are set out in the delegation letter attached to this framework document. This delegation letter may be updated and superseded by later versions which may be issued by the sponsor department in agreement with HM Treasury.

18.2. In line with MPM Annex 2.2 these delegations will be reviewed on an annual basis.

18.3. Sport England shall obtain the department’s and where appropriate HM Treasury’s prior written approval before:

  • entering into any undertaking to incur any expenditure that falls outside the delegations or which is not provided for in Sport England’s annual budget as approved by the department
  • incurring expenditure for any purpose that is or might be considered novel or contentious, or which has or could have significant future cost implications
  • making any significant change in the scale of operation or funding of any initiative or particular scheme previously approved by the department
  • making any change of policy or practice which has wider financial implications that might prove repercussive or which might significantly affect the future level of resources required
  • carrying out policies that go against the principles, rules, guidance and advice in MPM

19. Spending authority

19.1. Once the budget has been approved by the sponsor department and subject to any restrictions imposed by statute, the DCMS Secretary of State, this framework document, HM Treasury settlement or delegation letters, Sport England shall have authority to incur expenditure approved in the budget without further reference to the sponsor department, on the following conditions:

  • Sport England shall comply with the delegations set out in the delegation letter. These delegations shall not be altered without the prior agreement of the sponsor department and as agreed by HM Treasury and Cabinet Office as appropriate
  • Sport England shall comply with MPM 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 or is for new schemes not previously agreed
  • Sport England shall provide the sponsor department with such information about its operations, performance, individual projects or other expenditure as the sponsor department may reasonably require.

20. Banking and managing cash

20.1. Sport England must maximise the use of publicly procured banking services (accounts with central government commercial banks managed centrally by Government Banking).

20.2. Sport England should only hold money outside Government Banking Service accounts where a good business case can made for doing so and HM Treasury consent is required for each account to be established. Only commercial banks which are members of relevant UK clearing bodies may be considered for this purpose.

20.3. Commercial accounts where approved should be operated in line with the principles as set out in MPM.

20.4. The AO is responsible for ensuring Sport England has a banking policy as set out in MPM and ensuring that policy is complied with.

21. Procurement

21.1. Sport England shall ensure that its procurement policies are aligned with and comply with any relevant UK or other international procurement rules and in particular the Public Contracts Regulations 2015.

21.2. Sport England shall establish its procurement policies and document these in a Procurement Policy.

21.3. In procurement cases where Sport England is likely to exceed the relevant delegated authority limit, procurement strategy approval for the specific planned purchase must be sought from the department’s commercial director.

21.4. Goods, services, and works should be acquired by competition. Proposals to let single-tender or restricted contracts shall be limited and exceptional, and a quarterly report explaining those exceptions should be sent to the Departments commercial director

21.5. The delegated limit for single tender action contracts is set out at Annex C. Sport England must comply with the Single Tender Action process as outlined at Annex C and as otherwise communicated to them by the Department.

21.6. Procurement by Sport England of works, equipment, goods, and services shall be based on, a full option appraisal and value for money (VfM), i.e. the optimum combination and whole life costs and quality (fitness for purpose).

21.7. Sport England shall:

  • engage fully with department and government wide procurement initiatives that seek to achieve VfM from collaborative projects
  • comply with all relevant Procurement Policy Notes issued by Cabinet Office
  • cooperate fully with initiatives to improve the availability of procurement data to facilitate the achievement of VfM

21.8. Sport England Shall comply with the requirement set out in Annex C.

21.9. Sport England shall work to comply with the commercial and grants standards. These standards apply to the planning, delivery, and management of government commercial activity, including management of grants in all departments and ALBs, regardless of commercial approach used and form part of a suite of functional standards that set expectations for management within government.

22. Risk management

22.1. Sport England will have in place a risk management framework which identifies and manages risks and opportunities across the organisation. This framework will recognise the importance of risk management as part of Sport England’s governance arrangements. The risk management framework will consider the guiding principles of Treasury guidance Management of Risk: Principles and Concepts (‘the Orange Book’).

23. Counter fraud and theft

23.1. Sport England should adopt and implement policies and practices to safeguard itself against fraud and theft.

23.2. Sport England should act in line with guidance as issued by the Counter Fraud Function and in compliance with the procedures and considerations as set in in MPM Annex 4.9 and the Counter Fraud Functional Standard. It should also take all reasonable steps to appraise the financial standing of any firm or other body with which it intends to enter a contract or to provide grant or grant-in-aid.

23.3. Sport England should keep records of and prepare and forward to the department an annual report on fraud and theft suffered by Sport England and notify the sponsor department of any unusual or major incidents as soon as possible. Sport England should also report detected loss from fraud, bribery, corruption and error, alongside associated recoveries and prevented losses, to the counter fraud centre of expertise in line with the agreed government definitions as set out in Counter Fraud Functional Standard.

24. Staff 

Broad responsibilities for staff 

24.1. Within the arrangements approved by the responsible Minister and the Treasury Sport England will have responsibility for the recruitment, retention and motivation of its staff. The broad responsibilities toward its staff are to ensure that:

  • The rules for recruitment and management of staff create an inclusive culture in which diversity is fully valued; appointment and advancement is based on merit; there is no discrimination against employees with protected characteristics under the Equality Act 2010;
  • The level and structure of its staffing, including grading and staff numbers, are appropriate to its functions and the requirements of economy, efficiency and effectiveness;
  • The performance of its staff at all levels is satisfactorily appraised and Sport England’s  performance measurement systems are reviewed as appropriate;
  • Its staff are encouraged to acquire the appropriate professional, management and other expertise necessary to achieve the Sport England’s objectives;
  • proper consultation with staff takes place on key issues affecting them;
  • adequate grievance and disciplinary procedures are in place;
  • whistle-blowing procedures consistent with the Public Interest Disclosure Act are in place;
  • A code of conduct for staff is in place based on the Cabinet Office’s Model Code for Staff of Executive Non-departmental Public Bodies.

Staff costs 

24.2. Subject to its delegated authorities, Sport England shall ensure that the creation of any additional posts does not incur forward commitments that will exceed its ability to pay for them.

Pay and conditions of service 

24.3. Sport England’s staff are subject to levels of remuneration and terms and conditions of service (including pensions) within the general pay structure approved by the sponsor department and the Treasury. Sport England has no delegated power to amend these terms and conditions.

24.4. Sport England shall submit an annual Pay Remit to DCMS for approval subject to limits set by HM Treasury annually. This should include details of the pay strategy and proposals with a signed declaration from the Accounting Officer that the proposals:

  • comply with the annually published HM Treasury pay remit guidance;
  • are affordable within the Public Bodies existing in year budgets; and
  • take account of the current economic climate.

24.5. Senior Civil Servant equivalents within Sport England are not covered by the Pay Remit guidance but organisations are encouraged to align their awards to those in the wider organisation.

24.6. If civil service terms and conditions of service apply to the rates of pay and non-pay allowances paid to the staff and to any other party entitled to payment in respect of travel expenses or other allowances, payment shall be made in accordance with the Civil Service Management Code except where prior approval has been given by the department to vary such rates.

24.7. Sport England shall operate a performance-related pay scheme that shall form part of the annual aggregate pay budget approved by the department OR the general pay structure approved by the department and the Treasury.

24.8. The travel expenses of board members shall be tied to the rates allowed to senior staff of Sport England. Reasonable actual costs shall be reimbursed.

Pensions, redundancy and compensation 

24.9. Compensation scheme rules and pension scheme rules should reflect legislative and HM Treasury guidance requirements regarding exit payments.

24.10. Sport England staff shall normally be eligible for a defined contribution pension. Staff may opt out of the occupational pension scheme provided by Sport England, but that employers’ contribution to any personal pension arrangement, including stakeholder pension shall normally be limited to the national insurance rebate level.

24.11. Any proposal by Sport England to move from the existing pension arrangements, or to pay any redundancy or compensation for loss of office, under the Civil Service Compensation Scheme or an analogous scheme requires the prior approval of the Cabinet Office and must follow the processes set out in the DCMS Guidance on Staff Exits.

24.12. Proposals on severance must comply with the rules in chapter 4 of MPM and will require HM Treasury approval.

24.13. Business cases must demonstrate value for money and that expenditure is used efficiently, economically and effectively and all management procedures have been followed and the Government does not reward failure. Legal advice, where appropriate - setting out clearly the likelihood of successfully defending a claim and any non-financial aspects.

24.14. Sport England has a certificate of exemption from Employers Liability Insurance.

Business plans, financial reporting and management information

25. Corporate and business plans 

25.1. Sport England shall submit annually to DCMS, in January, a draft business plan covering the financial year (April-March) ahead. The draft should reflect the agreed strategic priorities and be finalised and submitted to DCMS by the end of May each year. The business plan shall reflect Sport England’s strategic priorities, statutory and/or other duties and, within those duties, the priorities set from time to time by the responsible Minister (including decisions taken on policy and resources in the light of wider public expenditure decisions). The plan shall demonstrate how Sport England contributes to the achievement of the department’s medium-term plan and priorities and aligned performance metrics and milestones

25.2. The first year of the corporate plan, amplified as necessary, shall form the business plan. The business plan shall be updated to include key targets and milestones for the year immediately ahead and shall be linked to budgeting information so that resources allocated to achieve specific objectives can readily be identified by the department. Subject to any commercial considerations, a digest of the corporate and business plans should be published by Sport England on its website and separately be made available to staff.

25.3. The following key matters should be included in the plans:

  • key objectives and associated key performance targets for the forward years, and the strategy for achieving those objectives
  • key non-financial performance targets
  • a review of performance in the preceding financial year, together with comparable outturns for the previous (2-5) years, and an estimate of performance in the current year
  • alternative scenarios and an assessment of the risk factors that may significantly affect the execution of the plan but that cannot be accurately forecast
  • other matters as agreed between the department and Sport England

26. Budgeting procedures 

26.1. Each year, in the light of decisions by the department on the updated draft corporate plan, the department will send to Sport England:

  • a formal statement of the annual budgetary provision allocated by the department in the light of competing priorities across the department and of any forecast income approved by the department; and
  • a statement of any planned change in policies affecting Sport England.

26.2. The approved annual business plan will take account both of approved funding provision and any forecast receipts. It will include a budget of estimated payments and receipts together with a profile of expected expenditure and of draw-down of any departmental funding and/or other income over the year. These elements form part of the approved business plan for the year in question.

27. Grant-in-aid and any ring-fenced grants 

27.1. Any grant-in-aid provided by the department for the year in question will be voted in the department’s Supply Estimate and be subject to parliamentary control.

27.2. The grant-in-aid will normally be paid in monthly instalments on the basis of written applications showing evidence of need. Sport England will comply with the general principle, that there is no payment in advance of need. Cash balances accumulated during the course of the year from grant-in-aid or other Exchequer funds shall be kept to a minimum level consistent with the efficient operation of Sport England. Grant-in-aid not drawn down by the end of the financial year shall lapse. Subject to approval by Parliament of the relevant Estimates provision, where grant-in-aid is delayed to avoid excess cash balances at the year-end, the department will make available in the next financial year any such grant-in-aid that is required to meet any liabilities at the year end, such as creditors.

27.3. In the event that the department provides Sport England separate grants for specific (ring-fenced) purposes, it would issue the grant as and when it needed it on the basis of a written request. Sport England would provide evidence that the grant was used for the purposes authorised by the department. Sport England shall not have uncommitted grant funds in hand, nor carry grant funds over to another financial year.

28. Annual report and accounts 

28.1. The Sport England board must publish an annual report of its activities together with its audited accounts after the end of each financial year. The Sport England board shall provide the department its finalised (audited) accounts each year in order for the accounts to be consolidated within DCM’s. A draft of the report should be submitted to the department two weeks before the proposed publication date. The accounts should be prepared in accordance with the relevant statutes and specific accounts direction issued by the department as well as the Treasury’s Financial Reporting Manual FReM.

28.2. The annual report must:

  • cover any corporate, subsidiary or joint ventures under its control;
  • comply with the Treasury’s Financial Reporting Manual FreM;in particular have regard to the illustrative statements for an NDPB
  • outline main activities and performance during the previous financial year and set out in summary form forward plans

28.3. Information on performance against key financial targets is included within the annual report and subject to the auditor’s consistency opinion. The report and accounts shall be laid in Parliament and made available on the Sport England website, in accordance with the guidance in the FReM.

29. Reporting performance to the department 

29.1. Sport England shall operate management, information and accounting systems that enable it to review in a timely and effective manner its financial and non-financial performance against the budgets and targets set out in the corporate and business plans.

29.2. Sport England shall inform the sponsor department of any changes that make achievement of objectives more or less difficult. It shall report financial and non-financial performance, including performance in helping to deliver Ministers’ policies, and the achievement of key objectives regularly set out in Annex A.

29.3. Sport England performance shall be formally reviewed by the department quarterly.

29.4. The responsible Minister will meet with the Chair and Chief Executive once a year.

29.5. The PAO will meet the Chief Executive at least once a year.

30. Information sharing  

30.1. The department has the right of access to all Sport England records and personnel (except insofar as it is prohibited by law) for any purpose including, for example, sponsorship audits and operational investigations.

30.2. Sport England shall provide the sponsor department with such information about its operations, performance, individual projects or other expenditure as the sponsor department may reasonably require.

30.3. The department and HM Treasury may request the sharing of data held by Sport England in such a manner as set out in central guidance except insofar as it is prohibited by law. This may include requiring the appointment of a senior official to be responsible for the data sharing relationship.

30.4. As a minimum, Sport England shall provide the department with information monthly that will enable the department satisfactorily to monitor:

  • Sport England’s cash management
  • its draw-down of grant-in-aid
  • forecast outturn by resource headings
  • other data required for the Online System for Central Accounting and Reporting (OSCAR)
  • data as required in respect of its compliance with any Cabinet Office Controls pipelines or required in order to meet any condition as set out in any settlement letter

Audit

31. Internal audit 

31.1. Sport England shall:

  • establish and maintain arrangements for internal audit in accordance with the Treasury’s Public Sector Internal Audit Standards (PSIAS);
  • ensure the sponsor department is satisfied with the competence and qualifications of the Head of Internal Audit and the requirements for approving appointments in accordance with PSIAS;
  • set up an audit committee of its Board in accordance with the Code of Good Practice for Corporate Governance,  the Audit and Risk Assurance Committee Handbook and the Code for Sports Governance;
  • forward the audit strategy, periodic audit plans and annual audit report, including Sport England’s Head of Internal Audit opinion on risk management, control and governance as soon as possible to the sponsor department;
  • have robust and testable controls to prevent financial crimes including, but not limited to fraud, bribery and corruption;
  • report all cases of attempted, suspected and/or successful  fraud, error and bribery & corruption irrespective of the amount involved, and notify the department of any unusual, novel or major incidents as soon as they are discovered, irrespective of the amount involved;
  • keep records of, and prepare and forward to the department an annual   report on fraud, bribery and corruption suffered by Sport England and notify the counter fraud team and sponsor department of any unusual or major incidents as you are made aware of them;
  • share with the sponsor department information identified during the audit process and the Annual Audit Opinion Report (together with any other outputs) at the end of the audit, in particular on issues impacting on the department’s responsibilities in relation to financial systems within Sport England.

32. External audit 

32.1. The Comptroller & Auditor General (C&AG) passes the audited accounts to the Secretary of State who will lay the accounts together with the C&AG’s report before parliament.

32.2. In the event that Sport England has set up and controls subsidiary companies, Sport England will in the light of the provisions in the Companies Act 2006 ensure that the C&AG has the option to be appointed auditor of those company subsidiaries that it controls and whose accounts are consolidated within its own accounts. Sport England shall discuss with DCMS the procedures for appointing the C&AG as auditor of the companies.

32.3. The C&AG:

  • will consult the department and Sport England on whom – the NAO or a commercial auditor – shall undertake the audit(s) on his behalf, though the final decision rests with the C&AG
  • has a statutory right of access to relevant documents, including by virtue of section 25(8) of the Government Resources and Accounts Act 2000, held by another party in receipt of payments or grants from Sport England
  • will share with DCMS information identified during the audit process and the audit report (together with any other outputs) at the end of the audit, in particular on issues impacting on the Department’s responsibilities in relation to financial systems within Sport England
  • will, where asked, provide departments and other relevant bodies with Regulatory Compliance Reports and other similar reports which departments may request at the commencement of the audit and which are compatible with the independent auditor’s role
  • will consider requests from departments and other relevant bodies to provide regulatory compliance reports and other similar reports at the commencement of the audit.  Consistent with the C&AG’s independent status, the provision of such reports is entirely at the C&AG’s discretion.

32.4. The C&AG may carry out examinations into the economy, efficiency and effectiveness with which the PB has used its resources in discharging its functions. For the purpose of these examinations the C&AG has statutory access to documents as provided for under section 8 of the National Audit Act 1983. In addition, the PB shall provide, in conditions to grants and contracts, for the C&AG to exercise such access to documents held by grant recipients and contractors and sub-contractors as may be required for these examinations; and shall use its best endeavours to secure access for the C&AG to any other documents required by the C&AG which are held by other bodies.

Reviews and winding up arrangements

33. Review of ALB’s status

33.1. Sport England will be reviewed as part of the wider Public Bodies Reviews programme, at a time determined by the department’s ministers and their PAO. The date of the next review will be in 2025.

34. Arrangements in the event that the ALB is wound up

34.1. DCMS shall put in place arrangements to ensure the orderly winding up of Sport England. In particular it should ensure that the assets and liabilities of Sport England are passed to any successor organisation and accounted for properly. (In the event that there is no successor organisation, the assets and liabilities should revert to the sponsor department.) To this end, the department shall:

  • have regard to Cabinet Office guidance on winding up of Sport England
  • ensure that procedures are in place in Sport England to gain independent assurance on key transactions, financial commitments, cash flows and other information needed to handle the wind-up effectively and to maintain the momentum of work inherited by any residuary body
  • specify the basis for the valuation and accounting treatment of Sport England assets and liabilities
  • ensure that arrangements are in place to prepare closing accounts and pass to the C&AG for external audit, and that, for non-Crown bodies funds are in place to pay for such audits. It shall be for the C&AG to lay the final accounts in Parliament, together with his report on the accounts
  • arrange for the most appropriate person to sign the closing accounts. In the event that another ALB takes on the role, responsibilities, assets and liabilities, the succeeding ALB AO should sign the closing accounts. In the event that the department inherits the role, responsibilities, assets and liabilities, the sponsor department’s AO should sign.

34.2. Sport England shall provide the department with full details of all agreements where Sport England or its successors have a right to share in the financial gains of developers. It should also pass to the department details of any other forms of claw-back due to Sport England.

Annexes

Annex A – Guidance Annex B – Sport England management information and compliance Annex C – DCMS Commercial Requirements

Signatures

Ruth Hannant and Polly Payne
Directors General of Policy, DCMS
Date: 15/12/2023

Chris Boardman
Chair, Sport England
Date: 15/12/2023

Tim Hollingsworth
Chief Executive, Sport England
Date: 15/12/2023

Annex A: Guidance

Sport England shall comply with the following guidance, documents and instructions:

Corporate governance

Financial management and reporting

Management of risk

Commercial management

Public appointments

Staff and remuneration

General

Annex B: Sport England management information and compliance

1.1 The Department and Sport England are committed to sharing information to ensure transparency and alignment. 

1.2 Sport England recognises that the department will at times need to request information on an ad hoc basis and/or with a short time frame as required. Sport England must (and within any reasonable timescale required by DCMS) supply any information requested by DCMS, and should proactively seek to provide DCMS with advanced sight of events and publications which the government would take an interest in.

1.3 In addition to this ad hoc information and open lines of communication, DCMS expects Sport England to provide regular information on areas including finance, commercial and procurement, fraud, and workforce. A list of this information can be found below. The list is intended to enable advanced planning for periodic departmental commissions; it is not exhaustive and may be subject to change.

Commission title Timescale DCMS lead team Purpose
Exchequer-funded general grants pipeline return to GGIS Quarterly Finance To assist Cabinet Office Grants Management Function Triage process and dentification of support to be offered.
Grant-in-Aid requests Monthly Finance Latest public body forecast income and expenditure reporting.
Fraud returns Quarterly Finance A mandatory Cabinet Office reporting requirement to report prevented, suspected or proven fraud to Finance.
Counter Fraud Assurance Assessment (including Fraud Measurement and Assurance/post-event assurance) Every 2 years (frequency varies depending on Cabinet Office / DCMS requirements) Finance Assurance is the systematic set of actions necessary to provide confidence to senior leaders and to Ministers that fraud, bribery and corruption risk is controlled, aligned to government policy and to the Counter Fraud Functional Standard.
Grants Maturity Self-Assessment Annually - but dependent upon Cabinet Office / DCMS requirements Finance To review capability and capacity of exchequer grant-making departments and ALBs against the Functional Standard for Grants (GovS15).
Exchequer funds held in commercial bank accounts Quarterly Finance To supply HMT details of government funds held outside the Government Banking Service.
Publication of senior salaries and organograms Annually Finance To display transparency to the public on how public money is spent.
Main Estimate Annually (February) Finance To confirm yearly budget (in scope: Lottery Distributors, BBC and Channel Four only).
Budget profile return Annually (March) Finance To determine the split of the budget for reporting to DCMS Executive Board.
Sustainability data Annually (April) Finance To meet HM Treasury requirement to supply centre with sustainability data.
Group consolidation/ Whole of Government Accounts (WGA) Annually (April-June) (individual timetables are agreed with PBs) Finance To consolidate PBs’ resource accounts within the DCMS resource accounts and gather counter-party details for consolidation.
Annual report and accounts Annually (April-July) (individual timetables are agreed with PBs) Finance To fulfil a mandatory statutory obligation.
Cross-Government Debt Collection Returns Annually (July) Finance To measure and improve debt and credit management across government.
Country and Regional analysis data Annually (September) Finance Data feeds into the Core Tables for the Annual Report and Accounts (HMT Requirement).
Supplementary Estimate Annually (October)
Finance
To make in-year adjustments to PB allocations. Timetable driven by HM Treasury.
Auditing of PB’s risk management, control and governance with high risk On request
Finance
To ensure an assurance of financial management.
Consultancy spend control pipeline and compliance return (including nil returns) Quarterly Commercial For DCMS and the Cabinet Office to plan and keep track of the public sector consultancy contracts and approvals.
Commercial Spend Control Pipeline return (including nil returns) Quarterly Commercial For the submission of the department’s quarterly Commercial Spend Control pipeline to Cabinet Office in accordance with Cabinet Office guidelines.
Government Commercial Operating Standards (GCOS) return Bi-annually Commercial For the submission of the department’s annual Government Commercial Operating Standards (GCOS) return and 6-month update against improvement plans.
Submission of procurement spend transactions to Bravo
Annually
Commercial To comply with Cabinet Office spend reporting requirements.
Government Key Contracts Public KPIs return Quarterly (once implemented) Commercial For the submission of the department’s quarterly Key Contracts Public KPIs return to the Cabinet Office.
Procurement pipeline for publication return Quarterly Commercial For the submission of the department’s quarterly pipeline return for publication on GOV.UK.
Social value reporting return Quarterly Commercial To comply with Cabinet Office policy on social value reporting. Specifically at (a) pipeline (b) procurement strategy (c) contract award (d) contract close subject to PPN06/2020.
Prompt payment reporting for contracts Quarterly Commercial To ensure accurate reporting to Cabinet Office of in-scope contracts, including any exclusions and exemptions requested.
Return for the review of key metrics, targets and reports related to procurement, activity, and contract management and commercial resourcing Quarterly Commercial To benchmark procurement spend, compliance assessment to policy and provide data on economic effect of spend by departments and public bodies including 3rd party spend and commercial risk reporting.
Direct and indirect SME spend Quarterly and annually Commercial To support the government’s small and medium enterprise (SME) agenda and the DCMS SME action plan.
Completion and updating of e-Pims™ database Ad hoc, as required Estates To ensure accurate property and estate information is maintained at all times.
Spend over £25,000 Monthly No DCMS involvement - Sport England publishes To inform the public how money is spent.
Contract register Quarterly Commercial For oversight of commercial liability and risk across sectors, categories and suppliers.
Contracts finder compliance report Six months Commercial Transparency policy compliance reporting.
Data Protection compliance report Quarterly DCMS DPO Oversight of compliance with data protection legislation.
Workforce Projection Annually (Feb) Public Bodies Team To inform assessment on how future possible budget scenarios will impact on workforce and delivery of key policy areas.

Diversity Data Commission
Annually (Feb) Public Bodies Team Diversity data to be included in DCMS Annual Report and Accounts.
Off-Payroll Workers Commission Annually (March) Public Bodies Team HMT financial reporting requirement and data is published as part of the DCMS Annual Report and Accounts.
Pay Remit PR & PR outturn Annually (April) Public Bodies Team To ensure spend on pay is aligned across government and to seek assurance that pay proposals are affordable.
Public Bodies Directory Annually (June) Public Bodies Team Cabinet Office publication which includes DCMS pubic body data.
Head of Internal Audit’s Annual Report & Opinion Report Annually (June) Public Bodies Team To inform the Group Chief’s own annual report and opinion to DCMS on governance, risk management and internal controls across DCMS and the wider group.
Publication of salaries over £150k Annually (October) Public Bodies Team To inform the public how public money is spent.
Public Body Risk Register Annual Sponsor Team Enable timely & appropriate response to risk.
Efficiency Return Annually Sponsor Team To provide evidence that the 1% target is met, demonstrate measures taken to achieve it & how savings are recycled into frontline services.
DCMS Official Statistics Release Calendar Monthly Central Analytical Team To collate public bodies’ official statistics information to be published on GOV.UK.

Annex C: DCMS commercial requirements

Public Contracts Regulations

The ALB shall comply with the Public Contracts Regulations 2015 (PCR) (as amended) in its procurement activity. For the purposes of the PCR, the ALB is a Sub Central Contracting Authority. As such, the ALB shall comply with the relevant thresholds for procurement activity that apply.

Central government policy and processes

Sport England shall acquire goods and services through fair and open competition, in accordance with the Government Commercial Operating Standards (including the Outsourcing Playbook), delivering value for money through procurement, and operating in line with UK and other international  law, including restrictions on state aid/subsidy controls.

Sport England shall comply with current and future requirements on additional spend controls, delegated authorities and authorisations on procurement and leases as notified to them by the Department.

Where possible and appropriate, Sport England shall utilise whichever Crown Commercial Services frameworks are relevant to its needs.

Sport England must support the wider Government Commercial Function’s strategies and programmes in their design, implementation and sustained application.

Sport England must embed all applicable current and future Procurement Policy Notes into its commercial operations.

In particular, Sport England  must:

  • support the Government’s SME agenda through appropriate procurement activity where this does not conflict with the PB’s charitable status
  • promote the inclusion of the Social Value Act and its associated principles in procurement activity wherever possible
  • comply with Government transparency policies and commitments
  • support Commercial Procurement and Contract Management improvement and oversight initiatives including:
    • Contract Classification for all contracts
    • Internal spend control assurance & governance processes, aligned to the department and Cabinet Office Commercial Spend Control approval processes.
    • GCOS Implementation and Reporting
    • Pipeline reporting
    • Assurance and audit implementation and reporting
    • Contracts Finder compliance reporting
    • Contract KPI reporting for external public publication
    • Commercial Systems and Data improvement initiatives (e.g. CASIE)
  • attend Cabinet Office training programmes designed to raise commercial awareness and improve commercial capability, including Playbook and GCOS masterclasses, and Contract Management Capability Training.

Departmental policy and processes 

Sport England shall comply with departmental spend controls as set by DCMS Commercial.

In procurement cases where Sport England is likely to exceed its delegated authority limit, procurement strategy approval for the specific planned purchase must be sought from the DCMS Commercial Director.

Sport England must comply with the Single Tender Action process. The DCMS Commercial Director will consider the delegated limit for single tender action contracts annually each March and may adjust as appropriate.

Sport England must adhere to requirements of its charitable status, and inform the DCMS Commercial Director if there may be a conflict with public law and its charitable status.

Collaborative initiatives

Sport England shall: 

  • support all Commercial Procurement and Contract Management improvement and oversight initiatives from DCMS and the Cabinet Office
  • support collaborative procurement and commercial efforts across the Department and its ALBs. This will include supporting the establishment of a DCMS Commercial Council or similar body, where such a group has been instituted, and wider commitments to support knowledge-sharing and training for staff involved in commercial and procurement activity across DCMS ALBs
  • support the formation and ongoing activities of a commercial function across the DCMS family of public bodies, through engagement with the DCMS Commercial team
  • engage fully with department and government-wide procurement initiatives that seek to achieve VfM from collaborative projects

Grants and other bodies

Sport England shall comply with the Commercial and Grants Standards. These standards apply to the planning, delivery, and management of government commercial activity, including management of grants in all departments and arm’s length bodies, regardless of commercial approach used and form part of a suite of functional standards that set expectations for management within government.

In circumstances where Sport England finds itself having oversight and assurance of other public bodies or the procurement activities of private bodies spending public money Sport England  shall ensure, as far as is reasonably practicable, and in so far as it has legal authority to do so, that all such parties adhere to the principles of Managing Public Money (MPM) including the encouragement of transparent and robust practices and compliance with any applicable law.

Management information and compliance

DCMS and Sport England are committed to sharing information to ensure transparency and alignment. 

Sport England recognises that DCMS will at times need to request information on an ad hoc basis and/or with a short time frame as required. Sport England must (and within any reasonable timescale required by DCMS) supply any information requested by DCMS, and should proactively seek to provide DCMS with advanced sight of events and publications which the government would take an interest in.

In addition to this ad hoc information and open lines of communication, DCMS expects Sport England to provide regular information on Commercial and Procurement. A list of this information can be found below. The list is intended to enable advanced planning for periodic Departmental commissions; it is not exhaustive and may be subject to change.

Commission title Timescale DCMS lead team Purpose
Consultancy Spend Control pipeline and compliance return (including nil returns) Quarterly Commercial For DCMS and the Cabinet Office to plan and keep track of the public sector consultancy contracts and approvals.
Commercial Spend Control Pipeline return (including nil returns) Quarterly Commercial For the submission of the Departments quarterly Commercial Spend Control pipeline to Cabinet Office in accordance with Cabinet Office guidelines.
Contract register Quarterly Commercial For oversight of commercial liability and risk across sectors, categories and suppliers, if a contract register is available.
Government Commercial Operating Standards (GCOS) return Six months Commercial For the submission of the Departments annual Government Commercial Operating Standards (GCOS) return and 6-month update against improvement plans.
Contracts finder compliance report Six months Commercial Transparency policy compliance reporting.
Submission of procurement spend transactions to Bravo Annually Commercial To comply with Cabinet Office spend reporting requirements.
Government Key Contracts Public KPIs return Quarterly Commercial For the submission of the department’s quarterly Key Contracts Public KPIs return to the Cabinet Office.
Procurement pipeline for publication return Quarterly Commercial For submission of the departments quarterly pipeline return for publication on GOV.UK.
Social Value reporting return Quarterly Commercial To comply with Cabinet Office policy on Social Value reporting. Specifically at (a) pipeline (b) procurement strategy (c) contract award (d) contract close subject to PPN06/2020.
Prompt Payment reporting for contracts Quarterly Commercial To ensure accurate reporting to Cabinet Office of in-scope contracts including any exclusions and exemptions requested.
Return for the review of key metrics, targets and reports related to procurement, contract management and commercial resourcing Quarterly Commercial To benchmark procurement spend, compliance assessment to policy and provide data on economic effect of spend by departments and PBs including 3rd party spend and commercial risk reporting.
Direct and indirect SME spend Quarterly and annually Commercial To support the government’s SME Agenda and the DCMS SME Action Plan.