Memorandum of Understanding 

Published on: Tuesday 21st January 2025

between the Cabinet Office and the Registrar of Consultant Lobbyists

1. Introduction

2. Guiding principles

3. Role of the Registrar

4. Finance and accountability arrangements

5. Governance and responsibilities

6. Dispute resolution

7.  Shared services provision

8.  Review and forward planning

Annex A – Budget approval and financial reporting process

Annex B – Financial framework

Annex C – Compliance with government-wide corporate governance and instructions

Annex D – Memorandum on joint data controller responsibilities

1. Introduction

This Memorandum outlines the working relationship between the Cabinet Office (as sponsoring department) and the Registrar of Consultant Lobbyists (“the Registrar” or “the Office of the Registrar” or “the Office”). It encompasses the following: 

• the role of the Registrar 
• finance and accountability arrangements
• the services and resources the Cabinet Office will provide the Office of the Registrar “the Office” in order that it can carry out its statutory functions
• the sponsor relationship between the Cabinet Office, the Registrar and his Office
• the governance arrangements under which the Registrar and their Office will operate.

The Memorandum is effective from 20 January 2025. It will be reviewed every three years; the next review will be by 20 January 2028. Amendments may be made at any time by agreement between the Cabinet Office and the Registrar.

The Memorandum is not intended to have any legal effect and is not justiciable in any Court of Law.

2. Guiding principles

This Memorandum is based upon the guiding principles that:

• the Registrar, in discharging their statutory functions, is independent of the Government
• the Registrar and the Cabinet Office are committed to openness and transparency in their dealings with each other
• changes to this Memorandum will only be made with the mutual consent of the Cabinet Office and the Registrar.

The Sponsor Team and the Registrar agree to be open and frank in all communications, while protecting the Registrar’s independence, fostering a relationship based on no surprises. The Cabinet Office, as represented by the Sponsor Team, shall provide the necessary support to the Registrar without impinging on their independence.

3. Role of the Registrar

The Registrar was established by the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 2014 (“the Act”) in order to create and administer the statutory Register of Consultant Lobbyists.

The functions and powers of the Registrar, an independent statutory office holder, are set out in the Act.

The Registrar, in accordance with the provisions of the Act, fulfils the following functions: 

• maintaining and publishing the UK Register of Consultant Lobbyists
• developing and publishing guidance on its functions under the Act 
• monitoring and enforcing compliance with the Act’s legal requirements
• publishing an annual statement of accounts.

4. Finance and accountability arrangements

1. Parliamentary accountability 

The Minister of State for the Cabinet Office accounts for the Registrar’s business to Parliament. Where communication with Parliament is necessary, the Registrar and Cabinet Office will be clear about their respective roles and responsibilities. In particular, the Registrar and Cabinet Office will endeavour to make clear the independence of the Registrar. 

The Registrar must prepare an annual statement of accounts, according to a schedule agreed between the Registrar, National Audit Office (NAO) and Cabinet Office. The statement of accounts is reviewed by the Cabinet Office Assurance and Risk Committee, and then sent by the Registrar to the Comptroller and Auditor General, who will examine, certify and report on the statement ahead of laying a copy of the statement before Parliament, in accordance with the Act. Further detail on the financial reporting process is included at Annex A.

The Registrar may be called to account for the activities of their Office at relevant parliamentary select committees.

2. Financial accountability

The Registrar is designated by the Permanent Secretary of the Cabinet Office (The Principal Accounting Officer (PAO)) as the Office’s Accounting Officer, and (as set out in the letter of designation) is responsible for assuring Parliament and the public of high standards of probity within the following areas:

• governance
• decision-making and risk management arrangements
• promoting and safeguarding regularity, propriety, affordability, sustainability and value for money
• the ethical and behavioural standards, which are observed by staff, especially in their dealings with other departments and agencies.

3. Budgeting

Responsibility for the effective management of the Office’s resources – including an allocated budget and financial authority for payments to be made by the Office – is delegated to the Registrar. The Registrar in return provides assurance to the Cabinet Office that they accept the terms and conditions set out in the budget allocation and financial delegation letter from the PAO. This means, in particular, the acceptance of its financial constraints, financial governance processes and includes working closely with Cabinet Office Financial Accountants and Business Partners on forecasting and actual spend. The budget approval process is set out at Annex A. 

Once the annual budget has been agreed by the PAO, the Registrar shall have the authority to incur expenditure approved in the budget in accordance with Cabinet Office internal and external spending controls. This authority is subject to any restrictions imposed by this document, by statute or by the terms of the Cabinet Office PAO’s letter sub-delegating the budget allocation and financial authority. Once the budget has been agreed, any alterations to it proposed by the Cabinet Office would be subject to ministerial approval.

The Registrar shall obtain the Cabinet Office’s prior written approval before:

• entering into any undertaking to incur any expenditure that is not provided for in the Registrar’s annual budget as approved by the Cabinet Office
• incurring expenditure that could have significant future cost implications
• considering action that would constitute a role for the Registrar beyond that envisaged by the Act.

4. Charges

In accordance with Section 22 of the Act, the Registrar may impose charges for, or in connection with, the making, updating and maintenance of the Register. The charges are determined in accordance with regulations made by the Minister.

The Minister will determine the level of charges and in doing so, the Minister must seek to ensure that the total paid to the Registrar in charges is sufficient to offset the total costs incurred by the Registrar in exercising their functions. 

The financial framework for the Office is at Annex B.

5. Governance and responsibilities

1. The Office and Corporate Governance 

The Registrar will ensure that the Office is run in accordance with best practice in corporate governance. In particular the Registrar will:

• adhere to advice and guidance issued by the Cabinet Office and recommendations made by the Public Accounts Committee, or other parliamentary authority, that have been accepted by Government and are relevant to the Office insofar as these are not in conflict with the Registrar’s functions and obligations under the Act (a full list of the guidance that the Registrar will comply with is at Annex C)
• ensure that risks are dealt with in an appropriate manner and documented in a risk register in accordance with the Treasury guidance, Management of Risk: Principles and Concepts. The guidance sets out that Accounting Officers (the Registrar) should “ensure the design and systematic implementation of policies, procedures and practices for risk identification, assessment, treatment, monitoring and reporting.” This should include, at a minimum, provision to the Sponsor Team of a quarterly update of the Office’s risk register, including the existence of any active, threatened or reasonably anticipated litigation insofar as disclosure is not in conflict with the Registrar’s role as an independent office-holder
• comply with their duties in relation to Freedom of Information and Data Protection legislation and have appropriate policies in this regard
• maintain an up-to-date register of interests that will be publicly available on the Office’s website and ensure early and ongoing communication with the Sponsor Team on any potential conflict of interest issues.

In accordance with their terms of appointment, the Registrar has a responsibility to adhere to the Code of Conduct for Board Members of Public Bodies, as relevant. The Code is based on the Seven Principles of Public Life and includes guidance on responsibilities, the use of public funds, political activity and the management of conflicts of interest. 

2. Cabinet Office
   1. The Minister’s role

The Minister of State for the Cabinet Office will account for the Registrar on all matters concerning the Office in Parliament. The Ministers’ statutory powers in respect of the Office are set out in Transparency of Lobbying, Non-party Campaigning and Trade Union Administration Act 2014; they are: 

• to appoint the Registrar and determine their remuneration
• to dismiss the Registrar should the Minister be satisfied that the Registrar is unable, unwilling or unfit to perform the functions of the office
• to make arrangements for staff, accommodation or services to be provided to the Registrar
• to make grants or loans to the Registrar, which may be subject to conditions
• to specify the period within which the Registrar must send a copy of the annual statement of accounts to the Comptroller and Auditor General.

Through the exercise of these powers the Minister: 

• is responsible for the policy framework within which the Office operates
• approves the Registrar’s business plan
• maintains a power of appointment/approval in relation to the appointment of the Registrar

2. Sponsor Team

Within the Cabinet Office, the Sponsor Team based in the Propriety and Ethics Directorate will act as the day-to-day point of contact for the Registrar and the Office and will coordinate work with other teams across the Cabinet Office as appropriate. The responsible Senior Civil Servant for the sponsorship relationship (the Senior Sponsor) is the Director of Propriety and Ethics. 

The Senior Sponsor is the main source of advice to Ministers and to the PAO on the discharge of their responsibilities in respect of the Office, advising on:

• the Registrar’s fulfilment of their statutory remit
• an appropriate budget in order that the Registrar can fulfil their statutory remit
• performance of the Office in achieving value for money in the delivery of its statutory remit.     

The Sponsor Team will liaise regularly with the Office to perform the following functions: 

• reviewing performance and resource against plans, achievement against targets and expenditure against budget allocations on a quarterly basis
• Oversee the process for appointing the Registrar, working with the Cabinet Office’s appointments team

• providing the Registrar with any relevant guidance issued by the Treasury or the Cabinet Office regarding public bodies
• supporting the Registrar to put into effect any recommendations accepted by the Government which affect the Office and that are issued by the Public Accounts Committee, another parliamentary select committee
• helping to resolve any difficulties that arise, seeking to address them in the first instance informally, at the lowest level and with the lightest touch.

3. Appointment of the Registrar

The Registrar is a regulated public appointment as listed in the Public Appointments Order in Council.  As a regulated appointment, the principles and processes set out in the Governance Code for Public Appointments, must be followed. Regulated appointments come under the remit of The Commissioner for Public Appointments, who provides independent assurance that such appointments are made in accordance with the principles and processes set out in the Code. Like all public appointments, Ministers are ultimately accountable and responsible to Parliament for the decisions taken about appointments. 

The appointment of the Registrar is also subject to pre-appointment scrutiny by the Public Administration and Constitutional Affairs Committee (PACAC), as set out in Cabinet Office Guidance: pre-appointment scrutiny by House of Commons select committees, which provides an added level of scrutiny to such appointments and may involve taking evidence from the Minister’s preferred candidate at a public pre-appointment hearing before the select committee.

4. Policy Team

The Policy Team is based in the Propriety and Ethics Team in the Cabinet Office. In leading on policy it will inform the Registrar and the Office in a timely manner of:

• any prospective changes to the statutory framework governing the work of the Office
• any wider policy developments that might have an impact on the Registrar and consult the Office on potential impacts on operational delivery 

5. Provision of staff and shared services and information sharing

Paragraph 8 of Schedule 2 to the Act provides that the Registrar may make arrangements with the Minister or other persons for: 

• staff to be seconded to the Registrar
• accommodation or services to be provided to the Registrar.

In providing staff and services to the Office, the Cabinet Office sponsor team should ensure appropriate expertise and continuity consistent with the Office’s Business Plan and not seek to re-prioritise or downgrade staff according to other Cabinet Office priorities. The Cabinet Office will ensure that the Office is appropriately staffed to support the Registrar’s functions as set out in the Act. 

The Office staff will work under Cabinet Office pay and performance management systems. For appraisal purposes they will come under the Cabinet Office performance management systems, with input provided by the Registrar who will be supported on a day-to-day basis by the Office. 

1. Information sharing

As sponsor department, the Cabinet Office has the right of access to the Office’s records in relation to finance and performance. The Office shall provide such information about its operations, performance or other expenditure as the Cabinet Office may reasonably require. In line with the Act, the Registrar maintains independence in their decision making and operation. Therefore, the provision of information is limited to financial and performance matters.

6. Dispute resolution

Any disputes between the Cabinet Office and the Registrar will be resolved in as timely a manner as possible. The Cabinet Office and the Registrar will seek to resolve any disputes through an informal process in the first instance. If this is not possible, a formal process, overseen by the Senior Sponsor, will be used to resolve the issue. Failing this, the Senior Sponsor may ask the relevant policy Director General to oversee the dispute. 

7.  Shared services provision

The services provided include:

1. Finance, IT, Shared Services and Estates

The Office will use Cabinet Office systems and administrative support for carrying out financial transactions. The Office’s financial processes will be supported by the Cabinet Office while maintaining independence. However, for the purposes of business planning and the spending review, the Office is part of Cabinet Office finance processes. 

The Cabinet Office will ensure that the Office is supported by the Strategy, Finance and Performance Directorate (SFP) and Commercial Directorate’s finance and procurement specialists. SFP’s role will be to provide the Office with financial management expertise to ensure the Office’s financial transactions are processed and recorded effectively.  Transactions must be disaggregated in such a way as to be consistent with NAO requirements for production of independent accounts and banking. Commercial Directorate will provide commercial expertise to ensure that the Office procures goods and services in accordance with Cabinet Office policy and procurement legislation. SFP will provide the following services as needed:

• financial policy and practice guidance
• processing of financial transactions for payment upon approval by the Head of the Office that they are fit for payment
• maintenance of a record of expenditure and income, production of monthly financial statements, budget monitoring and management accounts
• preparation of annual statutory accounts
• banking services
• asset management and asset register
• internal assurance
• accommodation and support services including:

1. desk space for each member of staff separate from the Cabinet Office
2. access to meeting room facilities when needed.

Should the Registrar and Office require them, the sponsor team and Cabinet Office corporate functions can provide support services including:

• security advice and guidance, including processing of any national security personnel checks
• health and safety advice and guidance
• business continuity planning
• specialist commercial advice and guidance, including on contracts for goods and services
• contract management 
• Government Procurement Card
• internal auditing services (where appropriate)
• fraud and irregularities investigations.

2. Information, Communication and Technology Service Delivery

The Registrar will be required to make use of secured Cabinet Office IT equipment and services for official business. 

The Registrar is the senior person responsible for compliance. The Head of Office is the designated manager as described in the Secretary of State’s Code of Practice issued under section 46 of the Freedom of Information Act 2000 and is responsible for the Information Assurance Officer role. However, it is the Registrar’s responsibility to comply with the Public Records Act 1958. 

The Office will adopt Cabinet Office policies and systems, including its digital archive, records review, information retention and records transfer systems and policies. The following services will be provided by the Cabinet Office:

• desktop services and development of IT strategy and policy
• email and other digital communications services 
• electronic document and records management
• IT hardware and software support
• telephone services
• internet and intranet
• print room and mail room services.

3. Compliance with General Data Protection Regulation (GDPR) 

As the Registrar is a separate registered data controller, it will appoint a Data Protection Officer (DPO) in line with the requirements of Article 37 GDPR. 

The Office’s DPO is currently funded by the Cabinet Office. When the DPO was appointed, a decision was made that non-departmental public bodies (including for the purposes of financing, the Registrar), would not be required to contribute to funding the work of their DPOs. It was agreed that the relevant sponsoring department (the Cabinet Office) would provide the required funding. This arrangement will be kept under review and potentially adjusted should costs rise significantly. 

The Registrar is a joint data controller with the Cabinet Office and will follow Cabinet Office policies. The responsibilities of the joint data controllers are set out in Annex D. 

8.  Review and forward planning

As well as the necessary frequent interactions between the Registrar, the Office and the Cabinet Office, including the Senior Sponsor, the parties will arrange regular meetings to discuss matters, which may include amongst other things:

• aims and objectives for the year ahead
• potential risks or proposed changes that could affect the achievement of the Registrar’s statutory functions or the smooth running of the Office
• financing
• staffing and resources
• information on the number of consultant lobbyists registered and the fee income received, as part of the transparent reporting arrangements of the Office
• any other issues that the Registrar and Cabinet Office agree need to be addressed.

Signed	Signed
Date: 20 January 2025     Simon Madden      Director of     Propriety and EthicsOn behalf of the Cabinet Office	Date: 20 January 2025Harry Rich Registrar of Consultant LobbyistsOn behalf of the Office of the Registrar of Consultant Lobbyists

The sponsor team and the Office will meet on a quarterly basis for formal sponsorship review and the Senior Sponsor will meet with the Registrar on a quarterly basis. The Minister will meet with the Registrar on at least an annual basis to discuss matters relating to the Office’s objectives, performance and priorities

Annex A – Budget approval and financial reporting process

1. The Accounting Officer of the Cabinet Office will appoint the Registrar as an Additional Accounting Officer (“the Accounting Officer”). This will sub-delegate authority for management of the budget for the Office to the Registrar. 
2. The Registrar’s budget is designated as falling within the Cabinet Office departmental boundary and as a consequence, its budget and accounts are consolidated within the Cabinet Office Estimate and Annual Report and Accounts.  

Budget

3. The Accounting Officer will develop the proposed budget and business plan for the Office. The business plan sets out how the Registrar will fulfil their statutory functions for the following financial year. The Accounting Officer will work with Cabinet Office Finance to establish an appropriate date for submission of the budget – together with any risks to the budget that have been identified – for ministerial approval. Typically, the budget will be submitted in the final quarter of the financial year.
4. The budget will be developed and managed in accordance with Cabinet Office procedures, and principles set out in Managing Public Money Guidance, Consolidated Budgeting Guidance and Main Supply Estimates Guidance.
5. Subject to the timing established by Cabinet Office Finance, the Minister will approve the budget in advance of the financial year if they are satisfied that the budget is based on a reasonable forecast of the Office’s direct and indirect costs for the forthcoming financial year, has been developed to ensure value for money and is necessary to allow the Registrar to fulfil their statutory functions as outlined in the business plan. The department’s PAO will write to the Accounting Officer to delegate the budget to them for the financial year ahead. 
6. The Accounting Officer will, in turn, delegate the budget to the Head of Office, who will be responsible for the management of the budget and the maintenance of accounting records. The Accounting Officer will be accountable for the satisfactory completion of accounting records in accordance with Paragraph 9 of Schedule 2 to the Act. 

Forecasting

7. The Head of the Office will provide regular updates to the Sponsor Team about actual expenditure against expenditure forecast in the budget, which will include the identification of any risks to the budget or the need to incur expenditure that is not in the approved budget. 
8. If there is, or is likely to be, a need for the Registrar to incur expenditure that is not in the approved budget, the Accounting Officer will inform the Minister. If the Minister is satisfied that this expenditure is necessary and could not have been reasonably foreseen, they may make a grant in aid under Paragraph 10 of Schedule 2 to the Act. 
9. The Accounting Officer will inform the Minister, within a timetable agreed by Cabinet Office Finance, an agreed timetable during the relevant financial year if seeking an amendment to the budget during that year at Supplementary Estimate.

Accounts

10. In accordance with Schedule 2 to the Act, the Registrar will prepare a statement of accounts in respect of each financial year and send this within a period of time to be specified by the Cabinet Office’s Audit and Risk Committee to the Comptroller and Auditor General. 
11. The Registrar must ensure that Accounts are provided to the Cabinet Office Finance Team in accordance with deadlines, which have been agreed by the National Audit Office.
12. As set out in Schedule 2 of the Act, the Comptroller and Auditor General, will examine, certify and report on the statement, and then arrange for a copy of the certified statement and the report to be laid before Parliament as soon as possible.

Annex B – Financial framework

The following is the financial framework within which the Office will operate:

Amendment and review

The financial framework may be changed in accordance with Government Accounting and Treasury requirements, to take account new developments. If either the Cabinet Office (CO) or the Registrar require changes to be made they shall notify the other in writing.

Compliance with guidance

The Registrar shall comply with Managing Public Money and all relevant instructions and guidance published by His Majesty’s Government (including, for example, Cabinet Office and His Majesty’s Treasury’s guidance), as amended and updated from time to time.  

Budgeting and charging

The level of funding required by the Office will be agreed between the Cabinet Office and the Registrar. The Registrar will advise the Cabinet Office of the funding required for both its work and staff. Both parties recognise that the Office must be funded to the amount necessary for it to fulfil its statutory requirements effectively and at the same time secure value for money. 

The income the Registrar receives from the charge for registration is owed to the Treasury but there is a netting off arrangement to offset expenditure used for the running costs of the Register. Civil Penalties raised by the Registrar must be surrendered to the Consolidated Fund. 

Grant-in-aid

The Office is funded via a grant-in-aid from the Cabinet Office. However, as set out in the Act, the Office will seek to recoup its costs (to date, excluding its staffing and Cabinet Office shared services costs) via the fees charged to registrants. 

The Cabinet Office will issue the grant-in-aid in arrears at the end of each financial year (by 31 March). This will include the registration fees paid into the consolidated fund.

The Registrar must obtain the approval of the Cabinet Office, as sponsor Department, if it proposes to:

1. make special payments or gifts
2. write off losses.

At the end of the financial year the Office will return any issued but unexpended balance of Public Funds to the Cabinet Office. In the event that it becomes apparent during the year that funds are no longer required, the Registrar will surrender that underspend to at the earliest feasible date. 

Expenditure

Expenditure of the resources agreed in the budget will be a matter for the Office, subject to the normal requirements of propriety, regularity, audit, value for money and any conditions imposed by the Cabinet Office after consultation with the Office.

The Office is responsible for:

• providing returns to the Cabinet Office as required on actual and forecast resources and cash expenditure during the course of the year
• ensuring that expenditure remains within the resources provided by the Minister of State each year
• notifying the Cabinet Office if any additional funding is required. 

The Cabinet Office is responsible for:

• maintaining appropriate and regular communication and advice to the Office at appropriate levels on expenditure matters
• ensuring that any requests for additional funding are put before the Minister of State for consideration and approval in a timely way.

Accounting and reporting

The Registrar is designated by the PAO of the Cabinet Office as the Office’s Accounting Officer, and is responsible (as set out in the letter of designation) for:

• regularity and propriety, keeping of proper accounts, prudent and economical administration, avoidance of waste and extravagance and efficient and effective use of resources
• ensuring that the Office’s systems and processes are subject to proportionate internal controls
• producing annual accounts which conform to the standards set out in the Government Financial Reporting Manual and sending a copy of the statement of accounts, within a period specified by the Minister to the Comptroller and Auditor General, who will then examine, certify and report on the Statement ahead of laying a copy of the Statement before Parliament, in accordance with the Act
• overseeing and maintaining systems to safeguard financial propriety and regularity.

The Registrar may delegate the day-to-day administration of their financial responsibilities, including the Accounting Officer responsibilities to another person as appropriate. However, they shall not assign absolutely to any other person any of the responsibilities set out in this Memorandum or the letter of designation.

The Registrar, as Accounting Officer, is responsible for ensuring that resources authorised by Parliament and sums to be paid out of the Consolidated Fund, in respect of the Office, are used for the purposes intended by Parliament.

The Office will be responsible for keeping proper accounts and proper records in relation to the accounts, including details of the income derived from fees charged to registrants. The Registrar must send a copy of the statement of accounts, within a period specified by the Cabinet Office Audit and Risk Committee, to the Comptroller and Auditor General (C&AG). The C&AG will then examine, certify and report on the statement ahead of laying a copy of the statement before Parliament, in accordance with the Act.

Gifts and hospitality register

The Office shall maintain a record of gifts and hospitality if received. Generally, hospitality is defined as the provision of lunches, dinners and tickets to sporting/social or leisure events.

Giving of gifts

The Office must not purchase any gifts without the prior approval of Cabinet Office Finance. Such approval will only be given in exceptional circumstances.

Statement of Financial Responsibility

The Cabinet Office will provide the Head of the Office with a clear financial authority to incur expenditure on behalf of the Office.

Insurance

Except where there are statutory requirements, the insurance arrangements as set out in Managing Public Money will be followed.

Banking

The Registrar, as its Accounting Officer, is responsible for ensuring that the Office’s banking arrangements are in accordance with the requirements of Managing Public Money and are carried out efficiently, economically and effectively.

Procurement 

Procurement by the Office of works, equipment, goods and services shall be based on value for money, for both quality (in terms of fitness for purpose) and delivery against price. Where appropriate, a full option appraisal shall be carried out before procurement decisions are taken. 

Advertising and marketing

The Office will abide by the conventions of government publicity and advertising, set out in the Government Communication Service Propriety Guidance, and will ensure in particular that any publicity they issue is: 

• relevant to their responsibilities
• objective and explanatory, not tendentious or polemical
• not party political and not liable to misrepresentation as being party political
• produced and distributed in an economic and relevant way, having regard to the need to justify the costs as proper expenditure of public funds.

The Registrar will not employ external consultants to lobby Parliament or Government.

The Registrar will seek further advice from the Cabinet Office where the use of publicity and advertising might be regarded as novel or contentious, and in all cases before employing PR consultants.

Assets

The Office shall maintain an accurate and up-to-date register of its fixed assets.  Any interest earned by the Office on its assets will be treated in accordance with the consolidated budgeting guidance issued by Treasury. 

The Office shall not enter into any capital expenditure in excess of £5,000 (or the amount recommended in Managing Public Money) without the permission of the Cabinet Office. The Office will liaise with Cabinet Office Commercial if getting three quotes for any spend under £10,000, in line with commercial procedures. The Office shall not dispose of any assets acquired with Public Funds with a net book value in excess of £1,000 (or the amount recommended in Managing Public Money) without the prior written consent of the Cabinet Office.  Use of proceeds of any disposal in excess of this amount shall be at the discretion of the Cabinet Office.  

Risk management 

The Office shall identify, and be responsible for ensuring that, the risks that it faces are dealt with in an appropriate manner, in accordance with relevant aspects of best practice in corporate governance, and shall maintain a risk register, in accordance with Treasury guidance. 

The Office shall adopt and implement policies and practices to safeguard the Office against fraud and theft, in line with Treasury guidance. 

Borrowing

The Office shall not borrow money. For the avoidance of doubt, borrowing includes temporary borrowing, such as through pre-arranged overdraft facilities.

Lending, guarantees, indemnities and contingent liabilities (including letters of comfort)

The Office shall not, without prior written consent from the Cabinet Office, lend money, charge any asset or security, give any guarantee or indemnity or letter of comfort, nor incur any other contingent liability whether or not in a legally binding form.

Payroll and related matters

The arrangements concerning payroll and associated services such as taxation, National Insurance and pensions of the Office will be administered by the Cabinet Office following the department’s terms and conditions. 

Annex C – Compliance with government-wide corporate governance and instructions

The Office shall comply with the following general guidance and instructions, insofar as these are not in conflict with the Registrar’s functions and obligations under the Act:

• This Memorandum of Understanding
• Appropriate adaptations of sections of Corporate Governance in Central Government Departments Code of Good Practice
• Parliamentary and Health Service Ombudsman’s Principles of Good Administration

HM Treasury, Chartered Institute Public Finance and Accountancy guidance:

• Managing Public Money (MPM), including Chapter 6, Fees, Charges and Levies
• Orange book: Management of Risks – Principles and Concepts
• Government Financial Reporting Manual (FReM)
• Departmental Banking: A Manual for Government Departments
• Regularity, Propriety and Value for Money
• Managing the Risk of Fraud and Corruption
• Public Sector Internal Audit Standards
• Relevant guidance and instructions issued by the Treasury in respect of Whole of Government Accounts
• Relevant “Dear Accounting Officer” letters
• Consolidation Officer Memorandum and relevant DCO letters
• Relevant Freedom of Information Act guidance and instructions
• Other relevant instructions and guidance issued by the central departments
• Specific instructions and guidance issued by the sponsor department
• Recommendations made by the Public Accounts Committee, or other parliamentary authorities that have been accepted by the Government and are relevant to the Office.

Annex D – Memorandum on joint data controller responsibilities

The Office collects, holds and uses personal data in discharging its responsibilities. This data can relate to members of the public (for example, lobbyists, correspondents), and to staff members. As the Office uses Cabinet Office IT systems, all of its personal data is held by the Cabinet Office, a separate data controller. The Office also relies on Cabinet Office for HR and finance services, which requires sending personal data to the Cabinet Office. 

It is the view of the Cabinet Office and the Office that they are acting as joint data controllers in relation to all personal data processed by the Office. 

Both the Cabinet Office and the Office will: 

• comply with the data protection principles, and with all relevant data protection legislation
• properly involve their Data Protection Officer in a timely manner in issues that relate to data protection
• ensure an appropriate level of technical and organisational security for the personal data
• publish this memorandum.

The Cabinet Office will be the responsible lead data controller for processing of staff personal data pursuant to carrying out HR or finance functions on behalf of the Office, and in relation to the administration of IT services provided to the Office. These responsibilities include: 

• the provision of Privacy Notices to staff about how their personal data are being handled
• the maintenance of processing records under Article 30 GDPR
• reporting data breaches that relate to the processing of HR or finance staff data, or which relate to the IT infrastructure provided
• carrying out any Data Protection Impact Assessments required by law
• responding to data subject requests relating to staff HR/finance data, or the administration of IT services
• manage any contracts of data processors as part of the Cabinet Office IT provision to the Office.

In relation to any personal data which is processed by the Office in carrying out its functions, the Office will be responsible for:

• the provision of Privacy Notices to data subjects setting out how the Office uses their personal data
• the maintenance of processing records under Article 30 GDPR relating to how the Office uses personal data to carry out its functions 
• reporting data breaches which occur as a result of the actions of the staff of the Office, including their usage of the IT systems provided to the Office 
• carrying out any Data Protection Impact Assessments required by law for activities of the Office
• responding to data subject requests that relate to the carrying out of the tasks of the Office. The Cabinet Office will provide reasonable required assistance to the Office in responding to data subject requests managing any data processor contracts in relation to additional IT services procured by the Office.