Cardiff University Trustee Payments, Benefits and Expenses Policy

Purpose and Scope

1. The purpose of this policy is to set out the basis upon which trustees of the University (i.e. members of the University’s Council) may be reimbursed for expenses incurred in connection with their duties or may accept gifts and hospitality.

2. It also sets out the basis on which payments may be made to other ‘connected persons’ – see Appendix 1 for definition.

Relationship with other policies

3. This policy should be read in conjunction with the University’s Financial Regulations and the University’s Travel and Expenses Policy.

Roles and Responsibilities

4. It is the responsibility of the University Secretary to:

a) ensure that trustees' expenses and any other payment or benefit given by the University to a trustee in connection with their duties comply with the terms of this policy;

b) that all trustees are reminded of their obligation to declare to the University Secretary any qualifying payments, gifts or hospitality in accordance with this procedure;

c) to maintain a register of gifts, hospitality and any other qualifying payments declared by trustees;

d) to return information on trustee gifts, hospitality and any other qualifying payments to the Charity Commission in line with their regulations and applicable legislation;

e) to ensure that any payments made to connected persons are compliant with the terms of this policy.

5. It is the responsibility of all Cardiff University Trustees to be aware of and comply with the terms of this policy and Charity Commission guidance.

6. It is the responsibility of the Corporate Governance team to liaise with the University Finance team to process trustees’ expenses claims in line with this policy and the University’s Travel and Expenses Policy, insofar as those provisions apply to trustees.

Trustee Expenses

7. Cardiff University trustees are not paid for being trustees. Trustees are entitled to have their reasonable expenses met from the funds of the charity. Expense claims should be made within 60 days of the expenditure and should be supported by digital copies of receipts or equivalent evidence.

8. Where possible, all travel and accommodation bookings should be made in advance. Independent members should use the expenses claim form and should be supported by bills or receipts and their Trustee expenses will normally be approved by the University Secretary, or an authorised deputy.

9. Employee members of the Council and its committees should submit expenses claims in line with the University’s Travel and Expenses Policy, using SAP Concur.

10. Details of compliant and non-compliant travel and expenses and the requirements for receipts can be found in the Travel and Expenses Policy.

11. The cost of any special transport, equipment or facilities for a trustee with a disability can also be
claimed.

Payments or Benefits for Trustees

12. On the basis that these are not provided for private use and that trustees will abide by Cardiff University’s policies for their use, Cardiff University may make items or services available to trustees where they support the trustee in fulfilling their duties.  Examples of these are (but are not limited to):

• Provision of IT equipment
• Provision of a private working area on-campus for trustee-related activity

13. Where it is determined to be justifiable and in line with the Charity Commission guidance, and subject to Council’s approval, further benefits may be provided to trustees.

Gifts and hospitality

14. Trustees can accept all gifts valued at £35.00 or under from external organisations or individuals, whether given in recognition of presentations or otherwise.

15. Hospitality offered should only be accepted where there is a direct link to working arrangements and a genuine business reason can be demonstrated, for example:

• Attendance or speaking at a conference, which provides complimentary subsistence,
• Travel and accommodation (this does not need to be declared on the register except where a gift was received);
• Attending a free training course;
• Attending working lunches or dinners; and Attending a drinks reception to network.

16. Trustees should only accept gifts or hospitality that is reasonable, proportionate and appropriate to the circumstances in which it is offered or received.

17. Trustees must not accept, solicit or offer any personal benefit as an inducement or reward for taking specific action or for showing favour or disfavour to any other person or organisation. This includes the acceptance or solicitation of benefits on behalf of other related parties, such as partners, spouses, other family members or colleagues.

18. Trustees must not accept gifts or hospitality or benefits of any kind if it might be perceived that their personal integrity or professionalism has been compromised, or that their decisions may have been influenced, or if they or the University might be seen to be placed under an obligation.

19. If, having previously accepted a gift or hospitality, a Trustee finds themself in a position where a decision might be construed as having been influenced by the acceptance of that gift or hospitality, the resulting conflict of interest must be declared as soon as possible.

20. Independent or student members in receipt of gifts or hospitality should declare this as soon as possible after the offer or receipt of gifts or hospitality via email, to the Corporate Governance Team where a record of declarations will be kept. The register is an annual document and will be maintained by academic year basis and reported annually to the People, Cynefin and Governance Committee. The register of conflicts of interest, hospitality and gifts will be made publicly available.

21. The declaration will need to include the following information:

• Date of offer of gift or hospitality, and date of event where relevant;
• Name, job title and organisation of recipient / provider;
• Nature and purpose of gift or hospitality received or declined;
• The name of any other organisation involved;
• Estimated value.

22. Staff members should declare gifts and hospitality in line with the University’s Anti-Bribery and Corruption Policy.

23. It is acceptable for the University to give gifts to Trustees in specific circumstances, for example, in recognition of a particular contribution or upon their leaving the Board, up to a value of £35. In such cases a request must be approved by the University Secretary.

24. It is acceptable for Cardiff University to provide hospitality with the Board’s or Chair’s prior approval in the way of working lunches and/or dinners to existing and potential policy makers, members and stakeholders subject to a genuine business reason.

25. There is no requirement for Trustees to declare refreshments, lunches and dinners provided as ancillary
to Council and Committee meetings and related activity.

Payments to Trustees and connected persons for services over and above those over being a trustee

26. In accordance with the Charities Act 2011, Cardiff University may, under contract, pay a trustee (or a connected person) for the supply of goods or services over and above normal trustee duties.

27. Such a contract is subject to the Council’s approval, agreeing first that the goods or service is required by the University, aligns with procurement principles, and is in the University’s best interests to be made with the person concerned.

28. The University’s procedure for identifying and managing conflicts of interest should be followed where a potential conflict is identified.

29. The definition of ‘connected person’ used for the purposes of this policy is taken from Charities Act 2011 s.118.

30. The total number of trustees who are either receiving payment or who are connected to someone receiving payment will only ever be in a minority.

Monitoring and Review

31. The policy will be reviewed annually.

Appendix: Charities Act 2011 s.118 Meaning of “connected person”

(1) In section 117(2) “connected person”, in relation to a charity, means any person who falls within subsection (2)—

(a) at the time of the disposition in question, or

(b) at the time of any contract for the disposition in question.

(2)  The persons are—

(a) a charity trustee or trustee for the charity,

(b) a person who is the donor of any land to the charity (whether the gift was made on or after the establishment of the charity),

(c) a child, parent, grandchild, grandparent, brother or sister of any such trustee or donor,

(d) an officer, agent or employee of the charity,

(e) the spouse or civil partner of any person falling within any of paragraphs (a) to (d),

(f) a person carrying on business in partnership with any person falling within any of paragraphs (a) to (e)

(g) an institution which is controlled—

(i) by any person falling within any of paragraphs (a) to (f), or

(ii) by two or more such persons taken together, or

(h) a body corporate in which—

(i) any connected person falling within any of paragraphs (a) to (g) has a substantial interest, or

(ii) two or more such persons, taken together, have a substantial interest.

(3) Sections 350 to 352 (meaning of child, spouse and civil partner, controlled institution and substantial interest) apply for the purposes of subsection (2).