1 Purpose of the Toolkit Some Definitions 3
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Community Facilities Unit
Milton Keynes Council
TOOLKIT
MK Council’s Approach to Community Asset Transfer
July 2012
The aim of CAT is to work with community partners to provide and support the delivery of effective local community assets and related services for the people of Milton Keynes.
www.milton-keynes.gov.uk/service
Version 17.06.2013 CONTENTS
1 PURPOSE OF THE TOOLKIT – SOME DEFINITIONS...... 3
2 WHAT IS CAT TRYING TO ACHIEVE?......
3 NATIONAL & LOCAL POLICY CONTEXT...... 4
4 BACKGROUND...... 5
5 CAT TOOLKIT PRINCIPLES...... 8
6 CAT TOOLKIT ...... 16
APPENDIX A – PRE APPLICATION CHECKLIST...... 24 APPENDIX B – STAGE ONE APPLICATION GUIDANCE...... 25 APPENDIX C – STAGE TWO APPLICATION GUIDANCE...... 30 APPENDIX D – GENERAL RISK ASSESSMENT EXAMPLE...... 33 APPENDIX E – CASH FLOW FORECAST EXAMPLE...... 42 APPENDIX F – REFERENCE...... 43
Version 17.06.2013 1 Purpose of the Toolkit – some definitions
1.1 The purpose of this Toolkit is to provide a clear framework for Milton Keynes’s future approach to Community Asset Transfer (CAT).
1.2 This is within the context of local and national policy.
1.3 The term ‘Community Asset Transfer’ relates primarily to freehold arrangements on built infrastructure at less than best price to voluntary/ community/parish councils
1.4 The term ‘built community infrastructure’ includes Council owned assets related to leisure and community facilities, libraries, open spaces, and a variety of other sites and venues and the possible transfer of these assets to community partners.
1.5 ‘Community Partners’ relates to all third party organisations such as Parishes, Town Councils and the voluntary and community sector, including charitable and social enterprises, housing associations, and management committees. With this in mind, a preference will exist for such partners to be locally run, locally controlled, non-profit distributing, inclusive, and democratic organisations with a track record and experience of delivering services to the local community.
2 What is CAT trying to achieve?
2.1 C.A.T. is part of a Council-wide Organisational Transformation Programme and is one of the key elements of strand four of Alternative Methods of Service Delivery (AMSD).
2.2 The aim of C.A.T. is to work with community partners to provide and support the delivery of effective local community assets and related services for the people of Milton Keynes.
2.3 The Council recognises the value of enabling local community partners to take more responsibility for local assets and wishes to empower these new arrangements with those organisations that may be best-placed to achieve this.
2.4 C.A.T. has a focus on ‘built community infrastructure’ i.e. leisure and community facilities, libraries, open spaces, and a variety of other sites and centres, and the possible transfer of these assets to community partners.
2.5 Where possible the freehold of each asset would transfer using the Council’s Wellbeing Powers - but only if the value of the asset is below £2 million. Given their size, their complexity, and the fact that such facilities generate significant income and serve in some cases borough-wide catchment areas in terms of user groups, such facilities would be excluded under freehold and instead offered on long term lease arrangements. Version 17.06.2013
2.6 It is also to ensure that community assets are delivered in a way that not only produces appropriate outcomes for residents but also delivers excellent value for money in line with the Council Plan.
2.7 Some key benefits of C.A.T.: o Mutually beneficial, flexible, and a simple proportionate and appropriate process
o Meets a demonstrable local community need, contributes towards community empowerment and generating social, economic or environmental benefits
o The application is made by a local, non-profit distributing Charity/ community group/social enterprise or Parish Council
o The asset or value of the asset is protected and preserved for continuing community benefit
o A governing document that ensures the applicant organisations are locally controlled, open to everyone in the community, democratic and accountable.
o The applicant can prove it has the necessary skills and experience to deliver.
o There is a financial or business plan to ensure long term sustainability
3. National and local policy context
3.1 The 2006 Local Government White Paper, ‘Strong and Prosperous Communities’, confirmed the then Government’s intention to increase opportunities for community asset ownership and management.
Version 17.06.2013 3.2 MK Council’s Community Facilities Unit historically has set up outsourced arrangements, such as through Trusts and leases, and has a strong track record of working closely with community partners.
3.3 The later Quirk Review, ‘Making Assets Work’, published in May 2007, found that a careful increase in a community’s stake in an asset can bring a wide range of additional benefits for that community, the organisation receiving the asset, and the local authority facilitating the transfer.
3.4 Following the change in Government in May 2010, the Localism Bill was introduced to Parliament on 13 December 2010. This Bill was given Royal assent in November 2011 and its aim is to shift power from central government back into the hands of individuals, communities, and councils, the outcomes of which are for the direct benefit of the local community. It states that: ‘We want to pass significant new rights direct to communities and individuals, making it easier for them to get things done and achieve their ambitions for the place where they live’.
3.5 As part of the emerging requirements of the Localism Act, a community ‘right to challenge’ has been introduced. Once enacted, the Right will give local communities the ability to register an interest to bid to take over a local public service which they would like to run differently or better. Under Community Asset Transfer a measure of social value will need to be incorporated into any approach to ensure that proper discussions are pursued in a fair, open and consistent manner.
3.6 Of wide interest across the third sector, the Act will also include a community ‘right to bid’. This is the opportunity to bid to buy properties classified as community assets and. the third sector or Community Partners as referred to in this document may adopt a more supportive role to the community. The Government has cited meeting rooms, swimming pools, village shops, markets and pubs as listed assets that might be purchased. It is likely that communities will need help and advice when embarking on any ‘right to bid’ projects and the Community Partners may be best placed to assist with this.
3.7 C.A.T. can contribute to the Council’s Corporate Plan and strategic objectives by rationalising its property portfolio and facilitating more effective and efficient use of its asset base, where the focus is on improved community outcomes.
3.8 The Council will make available for community use those properties within its ownership which in the Council’s view are suitable in terms of planning use, location, size, and construction.
3.9 The Council operate lettings in accordance with the Property Strategy and the Commercial Landlord Accreditation Scheme. Therefore we would want to ensure as a responsible Landlord that the management of a transfer of a property is operated in accordance with those principles and will form part of the transfer arrangements. A thorough explanation of the scheme can be found at http://www.clascheme.org.uk/index.html while the link to the Council’s Property Strategy is available at: http://cmis.milton-keynes.gov.uk/CmisWebPublic/Binary.ashx?Document=29918
Version 17.06.2013 4 Background (Feasibility Study)
4.1 During July and August 2011 approximately 700 Council assets were initially scoped under the programme. This originally included schools, although these assets were subsequently taken out of the programme. The mechanism under which a school is considered for ‘academy’ or ‘free school’ status is dealt with under a different programme.
4.2 Such scoping and challenge will continue throughout the programme across the Council’s service areas. Already in Phase One approximately 40 properties have been identified as amenable to transfer to community partners, although this list is subject to change depending on the property’s status.
4.3 There are seven key programme strands, which are:
1. Leisure and Community; meeting places, community centres, leisure centres, pools, and sports grounds. 2. Arts and Heritage, including MK Museum and Bradwell Windmill 3. Libraries 4. Play Centres and Youth Centres 5. Bereavement Services; crematoria, cemeteries and registrars 6. Open Spaces; parks, play areas, landscape depots, free car parks, and garages 7. Housing property
4.4 ‘Open Spaces – the Future’ is a programme that seeks to identify the most beneficial outcomes for the future management of open space throughout MK. The programme of work focuses on Council land currently outside the C.A.T. programme. There are four key projects supporting this programme:
Establish a process to manage and record all MKC’s current land assets and land use. This will enable the Council to accurately interrogate land ownership records necessary for land assets and management, and is also a required component for the successful outcome of the C.A.T. programme
Identify and record pieces of open space that are of strategic importance to the Council. This programme is divided into four sub- streams.
- Large Strategic Open Space - Areas of Strategic value to MKC - Areas with development opportunities - Sundry areas (small pieces of incidental land)
Establish a partnership framework strategy to maintain the quality of open space and contribute to communities’ ‘quality of life’ and ‘well being’ agendas. This programme seeks to develop a joint open space strategy between MKC, the
Version 17.06.2013 Milton Keynes Parks’ Trust and Homes and Communities Agency (limited to publicly accessible land, but not limited to any particular land manager or owner)
Open space maintenance and costs - this programme seeks to engage with local Parish and Town Councils and other not-for-profit organizations (including Milton Keynes Parks’ Trust, a charity) to identify and agree the future management of local areas of open space e.g. by local bodies specifying and paying for bespoke requirements (work includes local play areas)
‘Open Spaces – The Future’ needs to be able to supply the C.A.T. programme with accurate records and land information upon request to ensure transfers can be completed. Additionally, as the programme develops the number of land assets to be transferred to other bodies may increase.
4.5 How much effort will it take?
C.A.T. has developed three possible options. Options 1 and 2 are to be undertaken in Phase One. Option 3 is to be undertaken in Phase Two. As depicted below, asset transfer decisions are essentially a choice between:
Phase 1 (estimated 2012-14) Phase 2 (estimated 2014-15 onwards) a) Existing management Facilities not transferred in Phase 1. arrangements to continue Community Assets considered to be of b) Transfer freehold of Community more strategic / borough-wide Asset Transfers with relevant importance retained and / or considered covenants to protect community outsourced under a Trust / contract access and use (Option1) procurement (Option 3)
c) As above except MKC deliver a service within the asset under a partnership agreement with community partner (Option 2)
Where possible the freehold of each asset would transfer using the Council’s Wellbeing Powers - but only if the value of the asset is below £2 million. Given their size, their complexity, and the fact that such facilities generate significant income and serve in some cases borough-wide catchment areas in terms of user groups, such facilities would be excluded under freehold and instead offered on long term lease arrangements.
4.6 The typical process in Phase One will involve:
Disposal of property highlighted at Strategic Property Group
Receiving instructions from the client department (e.g. Leisure & Community)
Obtaining and reviewing property deeds
Version 17.06.2013 Identifying staff operating in or for the asset and the implications of the transfer; seeking advice from HR Business Partner and creating a HR project plan – this is identified before asset in tranche reaches Stage One.
Provision of any planning consents relevant to the site – check with Highways
Checking whether any existing funding arrangements contain clawback or similar arrangements which need to be dealt with before transfer. . Instructing the Legal department to prepare a report on title
Reviewing the report on title to understand claw-back, restrictions, conditions
Arranging Energy Performance Certificates and providing reports to purchaser
Negotiating and agreeing terms for freehold transfer / long leasehold (including dilapidations)
Agreeing the level of claw-back to be paid on completion of the transaction or obtaining user approval. (i.e. HCA)
Preparing certificate of under-valuation and ensuring compliance with Well Being powers
Reporting agreed terms in the Officer Decision Report in order to obtain formal approval from the Valuer and the Client
Where applicable commencing the Human Resources project plan, ensuring adherence to Milton Keynes Council policies and procedures and relevant employment legislation including TUPE
Instructing Legal to proceed with transfer / prepare legal docs in accordance with agreed terms
Legal process then depends on the circumstances and nature of transfer e.g. freehold
4.6 Phase Two
Those assets considered to be of a more strategic or borough-wide importance and of benefit to people from a range of different communities would be retained by MKC and / or considered as a package with a range of other Council assets to be outsourced from MKC under a Trust / contract procurement. Facilities that have not been transferred under Phase 1 would also be included in this option. Around half of the Community Assets have been identified in the first phase as properties not for transfer to Community Partners. Mostly these community assets are offices, shops, hostels and general housing accommodation which the Council wishes to retain because of their commercial use. A number of community assets are considered to be under either a long-term lease arrangement or managed contractually and are thus deemed out of scope. Version 17.06.2013 The remaining community assets which have not been listed for Phase 2 consideration are deemed to have a strategic importance to the Council or are properties that need further examination and challenge about transfer capability either through a review or future report to Cabinet.
There are new developments at Stanton Low, Newton Leys Community facility, Reckitt and Coleman site, Broughton Pavilion, and CMK Sports Facility that should be considered in the future.
This list has been identified following discussions with Property Services and preliminary talks with service managers, however through the coming months and years it is expected that these remaining built community assets within MK Council will be challenged as to the viability of their being retained in-house or being offered in Phase Two.
5 C.A.T. Toolkit ‘Principles’
The Council will only consider asset transfer where the community partner has demonstrated the ability to suitably manage the building (although we recognise that organisations may be able to develop this capacity and they will be given the opportunity to do so if commitment and potential can be demonstrated).
There are various ways in which an asset can be transferred through this programme (Freehold, Leasehold, contract) and the pilots demonstrated that a ‘one size fits all’ approach to C.A.T. is unlikely to be the most effective. Some applicants (e.g. Town and Parish Councils) will have considerable capacity and expertise to support their bid and may be able to work within the proposed 16-week timescale. Others will require external support and a longer timescale (up to 6 months) to build the capacity they need to bid successfully. Developing a C.A.T. process that is sufficiently flexible to meet these differing requirements will be one of the key challenges during the roll-out.
It is important to set out explicity what is expected of both parties in any asset transfer to a community partner. During Stage two it is important to clarify roles and responsibilities (for example in terms of repairs and maintenance) and how the asset will be run (maintaining open access etc.)
5.1 Local control
Consultations to date have informed the criteria for determining asset transfer partners: a preference for partners to be locally run, locally controlled, non-profit distributing, inclusive, and democratic (the questions are covered in the new pre-checklist which will go online and be publicly visible/ available) organisations with a track record and experience of delivering services to the local community.
Further analysis following pilot consultations defined locally run and locally controlled as:
Version 17.06.2013 50% of the Community Partners (e.g. Trustees, members, Parish / Town Council members) should live within the MK Unitary Authority Boundary or within a 3-mile radius of Milton Keynes Centre.
Organisations will also have to provide evidence that equality and diversity policies are regularly monitored.
In order to demonstrate that the community partner has the skills, capacity and track record of managing and / or delivering services within community buildings, the Council would ask that this is preferably over a minimum of five years. Shorter than this there would still be an opportunity for the applicant to bid; however, they will be asked to demonstrate awareness of the organizational maturity required. At Stage One the community partner will be asked to complete a skills audit of their management committee / board / council.
The Council will generally pursue freehold arrangements when considering asset transfer during Phase One. The Council will ensure that guarantees are put in place (in the form of covenants) that community benefit will be maintained in the long term, by preventing alternative uses.
5.2 Community Protection
The Council will consider the use of Well Being powers to allow the sale or lease of suitable properties at nominal consideration subject to restrictions being placed on any disposal utilising Well Being powers to prevent the change of use to a commercial activity and / or development for an alternative use. The Council will also consider including a buy-back provision at the price paid by the purchaser in case the property is not used for community purposes and becomes vacant. These will be by way of a restriction on use, claw-back, and a right of pre-emption in the case of sale, lease or the property being vacant for one year.
The Council will provide legal agreements which will enable community partners to manage and develop the property as an asset in the long term while ensuring that the use of the building as a community asset is retained.
Asset transfers to community partners are required to demonstrate the widest public benefit, which will be judged on a set of criteria and guiding principles.
Community partners that should either be incorporated or agree to incorporate in order to take on the asset for the benefit of the local community.
Version 17.06.2013 If you need more room than is provided for in a panel, and your software allows, you can expand any panel in the form. Alternatively use continuation sheet CS and attach it to this form.
Leave blank if not yet registered. 1 Title number(s) out of which the property is transferred:
When application for registration is made 2 Other title number(s) against which matters contained in this these title number(s) should be entered in panel 2 of Form AP1. transfer are to be registered or noted, if any:
Insert address, including postcode (if 3 Property: any), or other description of the property transferred. Any physical exclusions, such as mines and minerals, should be defined. The property is identified Place 'X' in the appropriate box and complete the statement. x on the plan annexed hereto and shown edged red thereon For example 'edged red'. For example 'edged and numbered 1 in on the title plan(s) of the above titles and shown: blue'. Any plan lodged must be signed by the transferor. 4 Date: Give full name(s). 5 Transferor:
The Council of the Borough of Milton Keynes Complete as appropriate where the transferor is a company. For UK incorporated companies/LLPs Registered number of company or limited liability partnership including any prefix:
For overseas companies (a) Territory of incorporation:
Version 17.06.2013 (b) Registered number in the United Kingdom including any prefix:
Give full name(s). 6 Transferee for entry in the register:
For UK incorporated companies/LLPs Registered number of company or limited liability partnership Complete as appropriate where the transferee is a company. Also, for an including any prefix: overseas company, unless an arrangement with Land Registry exists, lodge either a certificate in Form 7 in Schedule 3 to the Land Registration For overseas companies Rules 2003 or a certified copy of the (a) Territory of incorporation: constitution in English or Welsh, or other evidence permitted by rule 183 of the Land Registration Rules 2003. (b) Registered number in the United Kingdom including any prefix:
Each transferee may give up to three 7 Transferee’s intended address(es) for service for entry in the addresses for service, one of which must be a postal address whether or not in the register: UK (including the postcode, if any). The others can be any combination of a postal address, a UK DX box number or an electronic address. 8 The transferor transfers the Property to the transferee Place 'X' in the appropriate box. State 9 Consideration the currency unit if other than sterling. If none of the boxes apply, insert an x The transferor has received from the transferee for the appropriate memorandum in panel 12. Property the following sum (in words and figures): One Pound (£1.00)
The transfer is not for money or anything that has a monetary value x Insert other receipt as appropriate:
The transfer is made in consideration also of the covenants on the part of the transferee hereinafter contained
Place 'X' in any box that applies. 10 The transferor transfers with full title guarantee Add any modifications. x limited title guarantee
Version 17.06.2013 Where the transferee is more than one 11 Declaration of trust. The transferee is more than one person person, place 'X' in the appropriate box. and Complete as necessary. they are to hold the property on trust for themselves as The registrar will enter a Form A restriction in joint tenants the register unless: an ‘X’ is placed: they are to hold the property on trust for themselves as in the first box, or tenants in common in equal shares in the third box and the details of the trust or of the trust instrument show that the transferees are to hold the property on trust for they are to hold the property on trust: themselves alone as joint tenants, or it is clear from completion of a form JO lodged with this application that the transferees are to hold the property on trust for themselves alone as joint tenants. Please refer to Land Registry’s Public Guide 18 – Joint property ownership and Practice Guide 24 – Private trusts of land for further guidance. These guides are available on our website www.landregistry.gov.uk Use this panel for: 12 Additional provisions definitions of terms not defined above rights granted or reserved restrictive covenants 12.1 In this transfer the following words and phrases shall other covenants agreements and declarations have the following meanings: any required or permitted statements other agreed provisions. “ Additional Sum” means in relation to the whole of the The prescribed subheadings may be added to, amended, repositioned or Property or the relevant part such sum as is equivalent to the omitted. Market Value after deducting therefrom the Improvement Any other land affected by rights granted or reserved or by restrictive covenants Value (if any) should be defined by reference to a plan. “Breach of Covenant” means any breach at any time of any of the covenants contained in clause 12.2.1 of this Transfer
“Breach Notice” means a notice in writing given at any time by the Transferor to the Transferee stating that there has occurred a Breach of Covenant and stipulating the nature of the breach
“Default Notice” means a notice in writing given at any time by the Transferor to the Transferee stating that a Breach of Covenant has occurred after the Initial Date
“ dispose” has the meaning given in section 205(1) of the Law of Property Act 1925 and “disposal” shall be interpreted accordingly
Version 17.06.2013 “Improvement Value” means the value to the Transferor of any improvements to the Property carried out by the Transferee; and in assessing such value: for the avoidance of doubt any reference to “value” is to be construed in contra-distinction to the cost of such improvements a discount of 2% per annum shall be applied from the date of completion of the improvements to the date of the Trigger Event
“ Initial Date” means the fourteenth day after the date of a Breach Notice
“ Final Date” means the fourteenth day after the date of a Default Notice
“ Market Value” means the market value (according to the principles of the edition current at the relevant time of the publication known as “RICS Valuation – Professional Standards” or such other relevant publication as the Transferor may nominate) of the Property or the relevant part based on the actual use that is taking place and on the assumption that the Property is not subject to the covenants set out in clause 12.2.1
“Pre emption Agreement” means an agreement having the same date as this transfer and made between the same parties and relating to the Property
“ the Retained Land” means the land in the title aforementioned but excluding the Property
“ Trigger Event” means a Breach of Covenant occurring at any time after the Final Date
12.2 The Transferee hereby covenants with the Transferor so Version 17.06.2013 as to bind so far as may be the Property into whosesoever hands the same may come that the Transferee and persons deriving title under it will at all times hereafter:
12.2.1 not use or permit the use of the Property or any part of the Property (a) for any commercial purposes other than those supporting and ancillary to the primary purpose of use as [ a community centre ] or (b) other than as a community centre which for the avoidance of doubt does not include use as an office 12.2.2 manage the Property in accordance with the Transferor’s Property Strategy and in line with the Commercial Landlord’s Accreditation Scheme as drafted from time to time
12.2.3 and it is agreed that Section 33 Local Government (Miscellaneous Provisions) Act 1982 applies to this clause
12.3 The Transferor and the Transferee hereby apply to the Land Registry for the entry of the following restrictions on the Proprietorship Register of the title to the Property:
“ No disposition of the registered estate by the proprietor of the registered estate or of the proprietor of any charge is to be registered or noted without a written consent signed on behalf of the Council of the Borough of Milton Keynes of Civic Offices 1 Saxon Gate East Milton Keynes MK9 3EJ by its conveyancer”
“ No disposition of the registered estate by the proprietor of the registered estate or of the proprietor of any charge is to be registered without a certificate signed by the Council of the Borough of Milton Keynes of Civic Offices 1 Saxon Gate East Milton Keynes MK9 3EJ or its conveyancer that the provisions of clauses 4 and 8 of the Pre- emption Agreement dated day of made between the Transferee and the Transferor have been complied with or that they do not apply to the disposition”.
Version 17.06.2013 The Transferor and the Transferee shall co operate and use all reasonable endeavours to secure the registration of such restrictions against the title to the Property at the Land Registry as soon as reasonably possible.
12.4.1 If a Trigger Event occurs in relation to the Property or any part of it, the Transferee must pay the Additional Sum to the Transferor. The Additional Sum must be paid to the Transferor or its successors in title by direct credit within 42 days of the date of the Trigger Event. It is expressly agreed that if the Additional Sum is not paid within such period, the Transferor or its successors in title shall be entitled to interest on it at 3% a year above the base rate of the National Westminster plc, such interest to be calculated on a daily basis from the last date for payment under the terms of this clause until the date of actual payment of the Additional Sum. Credit shall be given for any previous payment of an Additional Sum in relation to the Property or the part affected by the Trigger Event in question.
12.4.2 In the event that the sums payable pursuant to clause 12.4.1 are not paid to the Transferor within the timescale set out in clause 12.4.1 it shall be lawful for the Transferor (without prejudice to any other right or remedy which may be vested in it and notwithstanding any actual or constructive waiver of any previous right of re entry or other right or remedy) to enter the Property or any part in the name of the whole and thenceforth hold and enjoy the same in fee simple in possession free from incumbrances or any derivative estates or interests. On the exercise of such right of re entry the Transferor shall become entitled to delivery of all title deeds relating to the Property
12.5 The Transferee covenants with the Transferor not to dispose of the Property or any part or any other estate or interest in it to any person without first ensuring that the person has executed a deed directly with the Transferor Version 17.06.2013 containing the covenants and provisions of clauses 12.2, 12.4 , 12.5, 12.6, 12.7 and 12.11 of this transfer mutatis mutandis and the Pre emption Agreement including this present covenant and including an application to the Land Registry for restrictions in the same terms as clause 12.3 of this transfer to be registered in respect of the Property or the relevant part.
12.6 The Transferee shall maintain a reinvestment fund operating as follows:
The Transferee shall maintain independently audited accounts showing all income received (whether paid to or held by the Transferee or any agent, company or person acting on behalf of the Transferee) in relation to the Property and costs incurred in relation to the Property with such supporting evidence as shall be reasonable and the Transferee shall keep such records in support of the same as are reasonable and appropriate to demonstrate such income and expenditure. The Transferee shall provide independently audited accounts of such income and costs to the Transferor yearly on each anniversary of this Transfer and shall afford to the Transferor all such access and co operation as necessary to enable the Transferor to carry out its own audit of such income and costs including access to the relevant records. The amount (if any) by which the income exceeds the costs in any year shall be allocated to a fund (“the Fund”) to be maintained by the Transferee and applied only in relation to the repair maintenance or improvement of the Property.
Upon the date of the transfer to or other vesting of the Property in the Transferor pursuant to the Pre-emption Agreement or the provisions of clause 12.4.2 hereof the unexpended balance of the Fund as at that date shall be paid by the Transferee to the Transferor.
12.9 The Transferee grants to the Transferor the right (“the Option”) to acquire the freehold interest in the Property for £1 (one pound), the Option being Version 17.06.2013 exercisable at any time after any sum under clause 12.4.1 has not been paid at the due time and until such sum has been received (and once exercised, the Option shall remain binding upon the Transferee notwithstanding subsequent payment of such sum) by service of written notice to that effect by the Transferor upon the Transferee
12.10 Following exercise of the Transferor’s option under clause 12.9:
12.10.1 a binding agreement for the sale and purchase of the Property shall have been created;
12.10.2 the transfer of the Property shall be completed on the twentieth working day after service of the Transferor’s notice under clause 12.9 in such form as the Transferor may direct;
12.10.3 the Property shall be transferred with limited title guarantee, with vacant possession and free of all financial charges.
12.11 Without prejudice to the covenants on the part of the Transferee contained in the Pre-emption Agreement (and excluding Exempt Disposals as therein defined) the Transferee covenants with the Transferor not without the written consent of the Transferor to dispose or agree to dispose of the Property or any part thereof or grant or agree to grant any interest or right over or make any declaration of trust in respect of the Property or any part thereof
12.12 The Transferee covenants with the Transferor to indemnify the Transferor from and against any costs claims and expenses arising from any breach of any rights covenants easements and other matters to which the title to the Property is subject.
12.13 The Property is transferred: 12.13.1 subject to the matters referred to in the register of title aforementioned insofar as the same relate to or affect the Property
Version 17.06.2013 12.13.2 all easements quasi-easements rights exceptions or similar matters affecting the Property whether or not apparent on inspection
12.14 There are reserved to the Transferor for the benefit of the Retained Land all easements quasi-easements rights privileges and advantages over the Property that would by virtue of section 62 of the Law of Property Act 1925 have passed on a conveyance or transfer of the Retained Land to a third party if that conveyance or transfer had been completed prior to the date of this present transfer and there had been diversity of occupation at that date
12.15 No rights are granted pursuant to the Contracts (Rights of Third Parties) Act 1999 in this transfer
The transferor must execute this transfer 13 Execution as a deed using the space opposite. If there is more than one transferor, all must execute. Forms of execution are given in Schedule 9 to the Land The Common Seal of THE COUNCIL OF THE Registration Rules 2003. If the transfer contains transferee’s covenants or BOROUGH OF MILTON KEYNES declarations or contains an application was hereunto affixed in the presence of: by the transferee (such as for a restriction), it must also be executed by the transferee. If there is more than one transferee and Principal Solicitor panel 11 has been completed, each transferee may also execute this transfer to comply with the requirements in section 53(1)(b) of the Law of Property Executed as a deed by Act 1925 relating to the declaration of a trust of land. Please refer to Land [Transferee] Registry’s Public Guide 18 – Joint property ownership and Practice Guide 24 – Private trusts of land for further guidance.
WARNING If you dishonestly enter information or make a statement that you know is, or might be, untrue or misleading, and intend by doing so to make a gain for yourself or another person, or to cause loss or the risk of loss to another person, you may commit the offence of fraud under section 1 of the Fraud Act 2006, the maximum penalty for which is 10 years’ imprisonment or an unlimited fine, or both. Failure to complete this form with proper care may result in a loss of protection under the Land Registration Act 2002 if, as a result, a mistake is made in the register. Under section 66 of the Land Registration Act 2002 most documents (including this form) kept by the registrar relating to an application to the registrar or referred to in the register are open to public inspection and copying. If you believe a document contains prejudicial information, you may apply for that part of the document to be made exempt using Form EX1, under rule 136 of the Land Registration Rules 2003. © Crown copyright (ref: LR/HO) 10/12 Version 17.06.2013 C.A.T. Pre-Emption Agreement
THIS AGREEMENT is made the day of BETWEEN:
(1) 1 [ ] ('the Seller') and
(2) 1 The Council of the Borough of Milton Keynes of Civic Offices 1 Saxon Gate East Milton Keynes MK9 3EJ ('the Buyer')
1 Definitions and interpretation 1. 2. In this Agreement: 3. 1. 'the Buyer's Solicitors' means Legal Services, the Council of the Borough of Milton Keynes or such other solicitor as the Buyer may appoint
1.2“ Buy Out Value” means a sum equal to the market value as defined in Valuation Standard 3.2 of the “RICS Valuation – Professional Standards” March 2012 edition (or such other relevant publication as the Buyer shall nominate) of the Property at the time of payment, assessed on the basis of full vacant possession
1.3 'the Completion Date' means in the case of the Pre-emption the twentieth working day after the date of service by the Buyer on the Seller of the duplicate Offer Notice Version 17.06.2013 with the acceptance statement signed by the Buyer and in the case of the Option the twentieth working day after the date of the Option Notice
1.4 'the Contract Rate' means 3% over the base rate of the National Westminster Bank PLC or such other similar rate as the Buyer shall nominate
1.5 'a Disposal' means a disposal (interpreted according to the meaning of “dispose” in section 205(1) of the Law of Property Act 1925) (other than by way of Exempt Disposal) of the Property or any part by sale lease charge or otherwise whether by means of a single transaction or by a number of separate transactions whether or not at the same time, or the exchange of a contract to make a disposal, and whether or not for valuable consideration
1.6 “Exempt Disposal” means a licence or tenancy in respect of part or the whole of the Property which is intended to subsist for no more than six months and in respect of which the licensee or the tenant (as the case may be) has neither security of tenure under the Landlord and Tenant Act 1954 nor any contractual right to renew
1.7 “ the Offer Notice” means the notice signed by and served by the Seller pursuant to clause 4. 1.8 “the Option” means the option granted to the Buyer by clause 5
1.9 'the Option Notice' means the notice signed by and served by the Seller pursuant to clause 6 in the form contained at the Third Schedule
1.10 ‘the Option Price’ means One Pound sterling (£1.00)
1.11 'the Pre-emption' means the right granted to the Buyer by clause 2
1.12 'a Pre-emption Event' has the meaning given in clause 3
1.13 'the Pre-emption Period' means the period of 25 years from the date of this Agreement
1.14 'the Property' means the property described in the First Schedule
Version 17.06.2013 1.15 'the Purchase Price' means One Pound sterling (£1.00)
1.16 “Relinquishment” means either:
(1) a decision by the Seller to effect a Disposal, or (2) that the Property has been left vacant for more than a year
1.17 'the Seller's Solicitors' means [ ]or such other firm as the Seller may appoint
1.18 'the Standard Conditions' means the Standard Commercial Property Conditions (2nd Edition)
1.19 “the Transfer” means a Transfer of the Property of even date herewith made between the parties hereto but in inverse order
1.20 “VAT” means value added tax or any substituted or similar tax
1.21 where the context so admits the expression 'the Buyer' shall include any successors in title of the Buyer
1.22 words importing one gender shall be construed as importing any other gender
words importing the singular shall be construed as importing the plural and vice versa
words importing persons shall be construed as importing a corporate body and/or a partnership and vice versa
1.23 where any party comprises more than one person the obligations and liabilities of that party under this Agreement shall be joint and several obligations and liabilities of those persons
1.24 the clause headings do not form part of this Agreement and shall not be taken into account in its construction or interpretation
1.25 any reference to a clause or a paragraph or a schedule is to one in this Agreement so numbered
Version 17.06.2013 2 1 Grant of the Pre-emption
1. In consideration of £1.00 (One pound) which is inclusive of VAT at the standard rate if applicable paid by the Buyer to the Seller (receipt of which is acknowledged) the Seller grants to the Buyer the right following the occurrence of a Pre-emption Event during the Pre-emption Period to buy the freehold interest in the whole of the Property (or if less than the whole, that part of the Property in respect of which the Pre emption Event has occurred) at the Purchase Price
1. The consideration is not refundable to the Buyer in any circumstances
3 1 Pre-emption Event
1. A Pre-emption Event occurs at the point of Relinquishment
1. If the Disposal is to be carried out by a number of transactions the Pre-emption Event occurs when the decision is made in relation to the first transaction
1. The Seller shall not effect a Disposal during the Pre-emption Period unless the procedure set out in clause 4 has been carried out
4 1 Pre-emption procedure
1. The Seller shall give the Offer Notice in duplicate to the Buyer immediately after a Pre-emption Event occurs
1. The Offer Notice shall be in the form set out in the Second Schedule
1. The Pre-emption shall be exercisable by the Buyer signing the statement of acceptance at the foot of the Offer Letter and serving it on the Seller at any time within two months after service of the Offer Notice on the Buyer
Version 17.06.2013 1. On the valid exercise of the Pre-emption a binding contract for sale and purchase shall be created and the Seller shall sell and the Buyer shall buy the freehold interest in the Property at the Purchase Price on the terms of this Agreement
1. The Offer Notice may not be withdrawn or varied before the expiry of the period for acceptance of the offer
4.7 The parties shall do all things necessary to ensure that the exercise of the Pre- emption constitutes an enforceable agreement for sale and purchase in accordance with the Law of Property (Miscellaneous Provisions) Act 1989 Section 2 or any statutory re-enactment or modification of it for the time being in force
5 Grant of the Option
In consideration of the payment of One Pound (£1) paid by the Buyer to the Seller (receipt of which is acknowledged) the Seller grants to the Buyer the option to buy the freehold interest in the Property for the Option Price at any time after the Property has been left vacant for more than one year within the Pre-emption Period.
6 Exercise of the Option
The Option shall be exercisable by the Buyer serving on the Seller at any time the Option Notice. On the valid exercise of the Option the Seller shall sell and the Buyer shall buy the Property at the Option Price on the terms of this Agreement 7 Deposit
No deposit shall be payable upon the exercise of the Pre emption or upon the exercise of the Option 4. 8 Failure to exercise the Pre-emption
5. If the Buyer rejects or fails to accept the offer contained in the Offer Notice the following provisions apply: 6.
Version 17.06.2013 8.1 The Seller may at any time within 6 months after the earlier of the date of rejection or
expiry of the time for acceptance of the offer make a Disposal of the Property or the part of it in the Offer Notice to a third party
8.2 If such Disposal is completed the Pre-emption shall cease and be extinguished in relation to the premises comprised in the Disposal
8.3 If the Disposal is of less than the whole of the Property the Pre-emption shall continue in respect of the remainder of the Property until the expiry of the Pre- emption Period
8.4 If the Disposal does not take place within the period specified in clause 8.1 or having taken place by way of exchange of contracts is not completed within that period the Pre-emption shall continue in respect of the whole of the Property until the expiry of the Pre-emption Period
8.5 For the purposes of clauses 8.2 and 8.4 a Disposal takes place on exchange of contracts for the Disposal if there is one or otherwise takes place on completion of the Disposal
8.6 The Seller shall deliver to the Buyer copies certified by a solicitor to be true copies of: 8.6.1 the Disposal contract within 7 working days of it being entered into
8.6.2 the draft transfer to the third party at least 7 working days before the intended completion date
8.6.3 the transfer to the third party within four working days of completion thereof
8.6.4 any documentation evidencing an Exempt Disposal upon request therefor by the Buyer
9 Completion
Completion of the sale and purchase pursuant to the Pre-emption or the Option and
Version 17.06.2013 payment of any sums due and of any VAT applicable shall take place on the Completion Date at the offices of the Seller's Solicitors or where they may reasonably direct. The transfer shall be engrossed in duplicate by the Seller’s Solicitors and both engrossments shall be executed by the Buyer before the Completion Date.
10 Title guarantee
The Seller sells with limited title guarantee
11 Possession
7. Save in respect of any Exempt Disposals the Property is sold with vacant possession on completion and free of financial charges
12 Title 8. 9. The Seller shall when sending the Offer Notice provide to the Buyer official copies of the items referred to in rules 134(1)(a) and (b) and 135(1)(a) of the Land Registration Rules 2003] but (for the avoidance of doubt) the Seller shall not create any new encumbrances on the title after the date of this Agreement.
13 Encumbrances
13.1 The Property is sold subject to and (where appropriate) with the benefit of:
13.1.1 the matters contained or referred to in the property proprietorship and charges registers of the registered title of the Property 13.1.2 [insert details of any subsisting interests]Provided that the Seller shall not (save for Exempt Disposals) create any new encumbrances on the title after the date of this Agreement
13.2 The Seller shall not within the Pre emption Period accept any grant funding or enter any mortgage or charge on the Property or any agreement for the same without the written consent of the Buyer and shall not grant or agree to grant any interest or right over or
Version 17.06.2013 make any declaration of trust in respect of the Property without the written consent of the Buyer 13.3 The transfer of the Property shall contain a covenant by the Buyer (by way of indemnity only) that the Buyer will observe and perform the covenants and conditions contained or referred to in the property proprietorship and charges registers of the registered title number of the Property so far as applicable to the Property or the part to be transferred to the Buyer and will indemnify and keep the Seller and his estate indemnified against all actions proceedings damages costs claims and expenses which may be suffered or incurred by the Seller or his estate in respect of any future breach or non-observance or non-performance of those covenants and conditions save to the extent caused by the Seller
14 Matters affecting the Property
10.The Property is sold subject to the following matters: 11. 14.1 all local land charges whether registered or not before the date of this Agreement and all matters capable of registration as local land charges whether or not actually so registered 14.2 all notices served and orders demands proposals or requirements made by any local public or other competent authority whether before or after the date of this Agreement 14.3 all actual or proposed charges notices orders restrictions agreements conditions contraventions or other matters arising under the enactments relating to town and country planning and environmental law 14.4 all easements quasi-easements rights exceptions or other similar matters whether or not apparent on inspection or disclosed in any of the documents referred to in this Agreement; and 14.5 any interest arising by virtue of an Exempt Disposal
15 Buy Out
15.1 If at any time the Seller gives not less than six months’ notice to the Buyer and on the expiry of such period of notice pays the Buy Out Value to the Buyer the Pre-emption and the Option shall cease to apply
15.2 The Buyer and the Seller shall endeavour to agree the Buy-out Value during the notice period referred to in clause 15.1 but in the event that agreement is not reached within four Version 17.06.2013 months of the service of notice by the Seller either party may refer the matter for determination by an expert and the following provisions shall apply: 15.2.1.1 The expert shall be a member of the Royal Institution of Chartered Surveyors experienced in property valuation in the vicinity of Milton Keynes. 15.2.1.2 The parties shall agree on the appointment of the expert. The expert’s terms of reference shall be to determine the Buy-out Value of the Property, and such other matters as the parties may agree. 15.2.1.3 If the parties are unable to agree on an expert or the terms of his appointment within seven days of either party serving details of a suggested expert on the other, either party shall then be entitled to request the president for the time being of the Royal Institution of Chartered Surveyors to appoint an expert. 15.2.1.4 The expert is required to prepare a written decision and give notice (including a copy) of the decision to the parties within a maximum of one month of the matter being referred to the expert. 15.2.1.5 If the expert dies or becomes unwilling or incapable of acting, or does not deliver the decision within the time required by this clause then: 15.2.1.5.1.1 either party may apply to the president for the time being of the Royal Institution of Chartered Surveyors to discharge the expert and to appoint a replacement expert with the required expertise; and 15.2.1.5.1.2 this clause shall apply to the new expert as if he were the first expert appointed. 15.2.1.6 The parties are entitled to make submissions to the expert and will provide the expert with such assistance and documents as the expert reasonably requires for the purpose of reaching a decision. 15.2.1.7 The expert shall act as an expert and not as an arbitrator. The expert’s written decision on the matters referred to him shall be final and binding on the parties in the absence of manifest error or fraud. 15.2.1.8 The expert's fees and any costs properly incurred by him in arriving at his determination (including any fees and costs of any advisers appointed by the expert) shall be borne by the parties equally or in such other proportions as the expert shall direct. 15.2.1.9 Each party shall act reasonably and co-operate to give effect to the provisions of this clause and otherwise do nothing to hinder or prevent the expert from reaching his determination.
Version 17.06.2013 16 Disclaimer
12.The Buyer admits that:
16.1 he has inspected the Property and enters into this Agreement with full knowledge of the actual state and condition of the Property and shall take the Property as it stands 16.2 he enters into this Agreement solely as a result of his own inspection and on the basis of the terms of this Agreement and not in reliance upon any representation or warranty either written or oral or implied made by or on behalf of the Seller (save for any representation or warranty contained in written replies given by the Seller's Solicitors to any written preliminary inquiries raised by the Buyer's Solicitors) 16.3 this Agreement contains the entire agreement between the parties
17 Incorporation of conditions of sale
13. The Standard Conditions shall apply to this Agreement and are incorporated in it in so far as they are applicable to a sale by private treaty and are not varied by or inconsistent with the terms of this Agreement and shall be amended as follows: 14.Standard Conditions 1.4, 3.3, 7.1.3 and 7.1.4 shall not apply; 15.In Standard Conditions 6.3.1 the time period for Step 1 and Step 2 shall be within 10 working days of issue of an Offer Notice; 16.In Standard Condition 6.4.2 the words “pay for” are omitted and for them are substituted the words “at the cost of the seller”; 17. Standard Conditions Part B shall apply.
18 Registration
18.1 The Seller consents to registration of a notice of this Agreement in the charges register of the Seller's title to the Property and shall do all things necessary to enable a notice under the Land Registration Act 2002 Section 32 to be registered. If the Buyer so chooses the Buyer shall send an application for an agreed notice to the Seller’s solicitors at completion of the Transfer to the Seller and the Seller’s Solicitor shall submit such application to the Land Registry together with the application for registration of such transfer and in any event within 30 days of such transfer
Version 17.06.2013 18.2 If the Pre-emption expires the Buyer shall forthwith cancel any registrations made by him in any registers to protect this Agreement and by way of security appoints the Seller his attorney for the purpose of effecting such cancellations
18.3 If a Disposal is made to a third party in accordance with clause 8 then subject to the Buyer having received the documents mentioned in clause 8.6 the Buyer on request by the Seller will deliver to the Seller's Solicitors before the intended completion date a signed application form to cancel any relevant registration in relation to the subject matter of that Disposal and the Seller's solicitors shall hold that application to the order of the Buyer until actual completion of that Disposal
19 Insurance
19.1 Until completion the Seller shall insure the Property against the risks listed in clause 19.2 with underwriters or insurers of repute in the full cost of rebuilding and reinstating the Property including VAT professional fees and shoring up site clearance and incidental expenses and will lay out the proceeds of such insurance in rebuilding or reinstating the Property
19.2 The risks are fire, storm, tempest, earthquake, lightning, explosion, riot, civil commotion, malicious damage, impact by vehicles and by aircraft and articles dropped from aircraft, flood damage and bursting or overflowing of water pipes and tanks and terrorist and environmental damage
20 Merger on completion 18. 19.The provisions of this Agreement shall not merge on completion of the transfer of the Property so far as they remain to be performed
21 VAT provisions
21.1 All VAT payable by the Buyer shall be paid at the same time as the payment on which it is chargeable
Version 17.06.2013 21.2 The Seller shall provide the Buyer with a receipted VAT invoice for any VAT paid by the Buyer under this Agreement
22 Nature of this agreement
20.This Agreement is a deed and has been executed by the parties to it as a deed
23 Notices
For the purposes of notices and documents the provisions of Standard Condition 1.3 shall apply to this Agreement
24 Contracts (Rights of Third Parties) Act 1999
For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is agreed that nothing in this Agreement shall confer on any third party any right to enforce or any benefit of any term of this Agreement
AS WITNESS of which the parties have executed this Agreement as a deed on the day and year first above written
FIRST SCHEDULE Property [ ] Milton Keynes registered at the Land Registry under title number BM[ ] and shown edged [red] on the attached plan
SECOND SCHEDULE Form of Offer Notice
1 Offer To: (buyer's name and address) From: (seller's name and address)
Version 17.06.2013 Property: (insert details) ('the Property')
This notice is given in accordance with the terms of the Pre-emption Agreement dated (date) made between [myself] (1) and [yourself] (2) relating to the Property ('the Agreement')
1. As required by clause 4 of the Agreement I OFFER to sell the Property to you at the price of £1.00(one pound)
1. The other terms of the sale are contained in the Agreement and are incorporated in this offer 21. 22.Dated (date) 23. 24.Signed by (seller) 2 3 Acceptance 4 2. I (buyer's name and address) ACCEPT the offer to sell the Property contained in the Offer Notice of which this is a duplicate 25. 26.Dated (date) 27. 28.Signed [by (buyer) (or) by (name of agent) the 29.duly authorised agent of (buyer) on his behalf]
(signatures or common seals of the parties)
THIRD SCHEDULE (Form of Option Notice)
Offer To: From: Property: In accordance with the terms of the Agreement dated made between [ ](1) and the Council of the Borough of Milton Keynes
Version 17.06.2013 (2) relating to the Property I give you notice to exercise the option to buy the Property for the price of One pound (£1)
Dated Signed by or on behalf of the Buyer
The Common Seal of The Council of the Borough of Milton Keynes was hereunto affixed in the presence of:
Assistant Director of Law and Governance
Version 17.06.2013 State Aid: Transfers at undervalue would potentially contravene State Aid regulations, which means they would be unlawful. The value is likely to exceed the permitted thresholds. (The State Aid regulations do not prevent transfers at undervalue from this Council to a Town or Parish Council, so they are unlikely to apply to many of the proposed CAT transfers. Where a CAT transfer is to another kind of entity the State Aid regulations will potentially apply and officers will need to assess on a case by case basis whether the proposed transfer is within the permitted exceptions for State Aid.) website link: http://www.dta.org.uk
. 5.3 Cost
The community partner will meet their own legal and surveying costs as part of the transfer. Additionally, post-transfer the community partner will be responsible for all statutory property tests and inspections, and there will be an expectation by the Council that they have sufficient financial resources to fully maintain the building.
For the pilots, Milton Keynes Community Enterprise (MKCE CIC) is providing support on legal frameworks that fit the social enterprise model for organisations with limited resources. They are giving support in drawing up draft governance documents but organisations will have to pay legal costs. MKCE and MKC plan to talk with legal firms and accountants in MK who may be able to give pro bono or reduced fees for clients coming from the scheme. Ultimately, no asset transfer will be made if the cost after transfer exceeds the cost of retaining the service in-house (relative to assets MKC operates currently). Preference will be given to organisations that have the capacity to source external investment to ensure the building is fit for purpose.
MKC is committed to supporting and building capacity for community organisations to bid for community assets. This could be achieved by publicising in advance the assets due for transfer in the next year, enabling community organisations to prepare their bids.
5.4 Risk
The responsibility for ensuring that the use of community assets complies with relevant equality legislation will pass on to the community partner upon transfer. This might be in the form of some kind of partnership agreement as in the case of a Library Service transfer for example which states they must consult service users fully about the Service, its organisation, management, and service provision, and ensure that users are involved in helping manage, organise, and develop activities at the premises.
Transfers that are in scope will only take place to a properly constituted / incorporated group (for example, but not limited to, a Trust, Parish / Town Council, charity or social enterprise) that can demonstrate that it has a fully worked-up and credible business plan for the asset in question. A transfer will not proceed if the community partner cannot satisfy all of the requirements that are detailed in the Community Asset Transfer Assessment.
Community partners will need to provide a robust business plan in support of the proposed asset transfer. They will also need to prove community support for their proposal, and demonstrate a sufficient organisational capacity (relative to the scale and scope of the asset).
5.5 Buildings and Staff 36 Annex A When considering asset transfer, the Council will give consideration to any implications that the transfer may have on staff operating in or for the asset, and work with Human Resources to identify the affected employees and the potential implications of any transfer. These will be identified before any organisations reach Stage One.
5.6 Opportunities for Partnership
When a number of parties are interested in an asset that has been made available for transfer the Council will encourage collaboration. However, when this is not possible a competitive process will be used to decide the outcome and the successful organisation will become the Council’s preferred partner in the transfer process.
5.7 Process
All community assets with potential for transfer and Stage One and Two applications within the toolkit, including the criteria and process for both stages, will be advertised on the Milton Keynes Council web-site.
To make the process of CAT as transparent and seamless as possible for community partners to go through the process, the pilot projects have allowed us to refine the process. The Council have introduced a prequalification checklist that will help community partners determine whether they are eligible to begin the Stage One application.
If the community partner feels they are eligible, a Stage One application should be completed. This will determine if anything might derail the asset transfer at a later date. If the community partner meets the criteria they will be invited onto the next stage where they will be expected to develop a viable business plan.
6 The Community Asset Transfer Toolkit
6.1 In order to both assess and deliver a Community Asset Transfer, a toolkit has been developed to assist both the community partner wishing to take on a Community Asset and the Council officers currently managing that asset. This is to assess and manage the risk and protect both the Council and the community partner to ensure long-term sustainability.
6.2 In order to assess whether a transfer to a community partner is suitable, the Stage One application should be completed to establish if they are potentially viable, and to identify any support the organisation requires in order that they be in a suitable position to take the transfer forward.
6.3 The stages of asset transfer should provide a clear reference and test of a proposed asset transfer against the principles and processes outlined in this document. It should be integral to the stages involved in asset transfer and provide the basis for a transparent decision-making process.
6.4 Publicity
Version 17.06.2013 37 Annex A
It is important that, by means of various media, the process is publicised effectively. This can be in the form of mail shots, governance news, e-mails to key stakeholders, directing community partner organisations to the Council’s web feature. MKC’s approach to this is outlined in Annex C.
6.5 To ensure an open and fair process towards each application the CAT assessment panel will need to include representatives from the voluntary sector (nominated through Community Local Infrastructure Partnership), ward and parish councillors (where no conflict of interest arises, and nominated via the Parishes Forum), and senior Council officers. The assessment panel would consist of the following representatives: Council’s Property Services Manager (Estates Manager) Council’s Senior Legal Services Officer Business Support Officer HR (Mouchel) Council’s Equalities Officer Council’s Project Link Officer (This is the Community Solutions Project Officer who will work closely with a service team-member specific to the asset being transferred and also be the main link to the applicant) Voluntary Representative nominated via the Community Local Infrastructure Partnership (CLIP) Ward and Parish Councillor (as appropriate to the locality of the asset being transferred) The applicant will be invited to attend the panel.
The panel will be advised by officers who will provide a report on the application to the panel, and will be chaired by the Community Solutions Programme Manager.
Assessment Panel Purpose
This will be to receive and consider applications for Community Asset Transfer and make recommendations to the Community Solutions Board, based on local experience as to the extent to which the applicants meet the criteria set out in the application. Further to this the assessment panel plays an important role in quality checking the applications and ensuring that full information is supplied by the applicant in order that the panel may make a recommendation, and to allow the Community Solutions Board to make a decision as to whether the application should be allowed to progress.
Assessment Panel Membership Terms of Reference
(a) The assessment panel is established to receive applications and the covering report from the Community Asset Transfer programme and each meeting must be chaired by the Community Solutions Programme Manager.
Version 17.06.2013 38 Annex A
(b) Upon receipt of each application and any accompanying report by the Community Solutions Project Officer which includes an initial assessment of the application against the criteria set out in the application, the assessment panel shall then do one of the following: 1. Refer the application to the Community Solutions Project Officer, with an instruction that they arrange further investigation / clarification if necessary.
2. Refer the application to the Community Solutions Board and make a recommendation that;
a) Progress should be taken to Stage 2 in respect of the application or;
b) No further progress should be made in respect of the application;
3. Upon completion of further investigation by or on behalf of the Project Officer, the assessment panel shall consider whether it accepts the Community Solutions Project Officer’s findings and refer the application to the Community Solutions Board as at 2 above.
4. The assessment panel will give reasons for its recommendations
5. In respect of a Stage 2 Application, refer the application to the Community Solutions Board and either:
a) recommend that the application should be referred to the Cabinet Member for a decision as to whether the Asset should be transferred or
b) recommend that no further progress should be made in respect of the application;
Declarations of interest
Members of Milton Keynes Council and Parish Councils are reminded that they are bound by their Codes of Conduct when undertaking any business of their authority, including the provisions for declarations of interest.
Members of the Voluntary and Community Sector sitting on the panel are asked to consider, prior to taking part in the decision, whether they believe a conflict of interest exists. If a conflict does exist members are asked to consider whether it is appropriate for them to remain on the panel, and if appropriate are asked to identify a substitute in line with the provisions below.
No person shall be appointed to a panel who has a close family, personal or business relationship with the applicant, or with any other person involved in the assessment or who are themselves a potential stakeholder relating to the matter.
Substitution
Version 17.06.2013 39 Annex A The Council's normal scheme allowing substitute members to be appointed (which applies only to councillors and only within the same political groups) shall not apply to appointments to assessment panels. However it is possible that significant personal interests in a particular matter may become apparent only after appointment to a panel considering that matter. It is also possible that a member appointed to a panel may become unable to sit for some other reason at short notice e.g. by reason of illness.
In order to minimise the risk of cancellation of panel meetings, replacement members should be permitted on the following terms:
1. Any appointed member who finds themselves unable to sit must notify the Community Solutions Programme Manager as soon as reasonably practicable
2. A replacement member will be identified by the Community Solutions Programme Manager
3. The replacement member must be identified and provided with all relevant papers in reasonable time to enable him/her to prepare for the meeting of the panel.
Dispute resolution
Any disputes on the progress of an application should be highlighted to the Community Solutions Board to consider when making their decision
6.6 Council Link Officer (named as the Community Solutions Project Officer) The Project Officer will liaise with qualifying community partners still involved in the process. Relationships need to be developed between the Council and community partners and the Project Officer should be the consistent point of contact throughout the process for the applicant and with the services specific to the assert concerned.
Version 17.06.2013 Table of Stages of Community Asset Transfer (based on a single asset)
1. Consultation, communication and information (including pilot project)
Various workshops will be set up for local communities and community partners to increase awareness of the programme as part of the Communications Plan.
If the transfer request comes from any community partner they will be directed towards completing the Stage One application (revised version available on the Web) Ongoing
2. Assets Strategic Plan (This will be made available on-line)
Paper to Cabinet outlining the Council’s approach to Community Asset Transfer. Included as appendices: C.A.T. Toolkit and Community Asset Register (this will include basic information about each asset including description of asset, type of asset etc). This will be made available on the Council’s website very shortly.
The Council’s decision will be ‘in principle’; in effect, it will represent a decision to proceed with exploring the feasibility of transfer as a Community / Council partnership approach.
The terms and conditions and responsibilities of both parties concerning any transfer need to be agreed at this stage as highlighted in the Toolkit.
January 17th 2012
3. Pre Application Checklist (This will be made available on-line)
Provided to help applicants determine whether they are eligible to begin the Stage One Application.
4. Stage One Application 4 weeks
The Stage One application form is to be available on line via the web-site (NB: A fast track scheme has been developed for Community Partners already running an asset that is up for transfer. What this means, if there were no other bidders, the community partner concerned would move swiftly through the stage one process into stage two.
5 Assessment carried out 2 Weeks
The Community Solutions Project Officer will at this stage review and assess (against the criteria) the Stage One application along with any additional documentation 41 Annex A received. The Project Officer’s report to the assessment panel should also summarise the information gathered to date, identify any potential benefits, needs or concerns, and identify the specific support needs of the applicant going forward if the application is to progress positively.
The assessment panel shall then do one of the following:
Refer the application to the Community Solutions Project Officer, with an instruction that they arrange further investigation / clarification if necessary.
Refer the application to the Community Solutions Board and make a recommendation that;
a) Progress should be taken to Stage 2 in respect of the application or;
b) No further progress should be made in respect of the application;
Upon completion of further investigation by or on behalf of the Project Officer, the assessment panel shall consider whether it accepts the Community Solutions Project Officer’s findings and refer the application to the Community Solutions Board as at 2 above.
Following the submission of a Stage One application the Council must allow any staffing implications to be fully considered.
6. Stage Two Application - this will take up to 8 weeks and will depend upon the complexity of issues and size of the building (4 weeks to complete application)
This requires the development of a fully detailed proposal for further consideration by the Board.
This phase will enable substantial development work to be undertaken towards a viable business plan.
Upon receipt of each application and any accompanying documentation by the Community Solutions Project Officer, including an initial assessment of the application against the criteria set out in the application, the assessment panel shall then refer the application to the Community Solutions Board and do one of the following;
a) recommend that the application should be referred to the Cabinet Member for a decision as to whether the Asset should be transferred
b) recommend that no further progress be made in respect of the application
The Council will also provide (where available) that information required to make the development process as straight-forward and transparent as possible (e.g. site plans,
Version 17.06.2013 42 Annex A legal docs, historical running costs, planning consent, condition surveys, maintenance plans etc). This information is free of charge and an integral part of the C.A.T. programme absorbed by MKC.
During this time the Council and the community partner(s) will also be making in- principle agreements around heads of terms, service level agreement.
7. Delegated Decision – to Cabinet Member
Final report recommending transfer and outlining terms and conditions.
A call-in procedure for this decision is in place.
1 Week
8. Transfer
If ‘yes’, then negotiate final terms.
3- 6 months to accommodate the timescales of the variety of interested parties to finalise the transfer of assets.
Version 17.06.2013
Appendix A: Pre-Application Check-list
MK Council wants to make the process of Community Asset Transfer as transparent and seamless as possible for interested organisations to go through the process, and the pilot projects have allowed us to refine the process.
In partnership with MKCE CIC we have decided to introduce a pre-application checklist that will help you determine whether you are eligible to begin the Stage One Application. Please answer the following questions.
1. This question is to ensure that your organisation is locally run and locally controlled.
Do at least 50% of the members of your Parish / Town Council / Registered Charity / Company limited by guarantee / Community Interest Company (CIC) live within MK Unitary Authority or within a 3-mile radius of Milton Keynes Centre?
2. Is your organisation non–profit distributing? This means that surpluses are to be re- invested to further the social aims of the organisation and for community benefit.
3. As part of each transfer arrangement an Equalities Impact Assessment should be carried out. Organisations will have to provide evidence that equality and diversity policies are regularly monitored, which should cover the following strands: race, age, gender, sexual orientation, disability, religion or belief, pregnancy and maternity, deprived or socio-economically disadvantaged groups, and gender reassignment.
Which of the following equality strands would your organisation be willing to include as part of its understanding of 'community benefit'? *
race
age
gender
sexual orientation
disability
religion or belief
pregnancy and maternity
deprived or socio-economically disadvantaged groups
gender reassignment
4. Can you provide the appropriate memorandum / articles / constitiution / standing orders demonstrating that you are a bona fide group?
5. If you are a charity / Community Interest Company (CIC) or Limited Company, please let us have your registration number. 45 Annex A
6. Can you demonstrate that your organisation has the skills, capacity, and track record of managing and / or delivering services within community buildings?
7. Can you demonstrate your current procedures? This will include: *
trustee / management committee induction
insurance
policies (diversity, equalities, H&S, DBS checks etc)
financial management and controls (reserves policy / 3 years accounts / payments policy)
8. Please enter an e-mail address or telephone number that we can use to contact you or your organisation. Feel free to also use this box to ask follow-up questions or provide feedback.
Version 17.06.2013 APPENDIX B – Stage One Application Form Stage One Application Form
*Have you completed a pre-application checklist? Y / N (please indicate as appropriate) Section 1: About your group
Organisation’s name in full: ……………………………………………………………………………………….
Asset being applied for: ……………………………………………………………………………………………
Organisational Structure - are you a:
Charitable Trust? Y / N (please indicate) Number: ……………………… Community Interest Company (CIC)? Y / N (please indicate) Number: ……………………… Company Limited by Guarantee (CLG)? Y / N (please indicate) Number: ……………………… Parish / Town Council? Y / N (please indicate)
Other (please describe): ………………………………………………………………………………………..
Please advise what powers your town/parish council is acting under; whether the general power of competence in the Localism Act 2011 or the powers in the Local Government Act 1972: ………………………………………………………………… ……………………………………………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………………………………………………..
Section 2: Governing Documents
Have you included or submitted your: 47 Annex A
Current Constitution? Y / N (please indicate) Memorandum and Articles? Y / N (please indicate) Standing Orders? Y / N (please indicate)
Criteria: your governing document should be lodged with the relevant organisation e.g. Companies House, Charity Commission etc. and should conform to current legislation (Companies Act 2006). Your community partners will need to be incorporated or agree to incorporate in order to take on the asset and, wherever possible within their legal structure, demonstrate an ‘asset lock’ provision (for example through the dissolution clause in their governing document) to ensure that the asset is retained for community benefit.
Your organisation is required to provide appropriate and up-to-date relevant documents - including Parish/Town councils, which are not registered as charitable organisations but are still able to provide relevant written governance documents such as that council’s Standing Orders, financial regulations and so on.
Your organisation is required to demonstrate that it is open to and aims to benefit all people within Milton Keynes in accordance with its constitution, has democratic processes which give opportunity for public involvement, has open election of committee members / trustees / directors, and is accountable to local people.
Can you confirm that you have complied with all legislation for your governance status? Y / N (please indicate)
Screen-shot of latest records:
Criteria: You must be able to demonstrate that all returns and accounts have been filed at Companies House and/or the Charities Commission.
Finances – please attach a copy of annual accounts for the last two accounting periods:
Criteria: You must be able to supply a copy of your organisation’s annual accounts for the last two accounting periods.
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Please describe your organisation’s experience of building management and/or community service delivery:
Criteria: You must list all buildings currently being managed by your organisation and indicate whether or not it is directly responsible for all aspects of management or under lease agreements. In the event of the organisation not having had this responsibility can you demonstrate that your board of directors/trustees have these skills or that you would recruit someone with these skills. If you are recruiting please attach a job description.
You must also provide details on services provided directly by your organisation – e.g. youth clubs, age groups etc.
…………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………. ……………………………………………………………………………………………………………………………
SECTION 3: Your Board / Management Committee
Please give details of your organisation’s management structure and the roles (if any) taken by members:
......
Criteria: You must supply a list of your organisation’s members and their respective roles. You are required to confirm that your organisation completes skills audits for its members and involves local people in its management team.
Do you have an induction process or training pack for new board / trustee / parish members? Y / N (please indicate)
Version 17.06.2013 49 Annex A Criteria: You must confirm that suitable induction or training systems are in place and available for review by MKC if needed
SECTION 4: Your Staff or Employees
Do you employ staff and if so in what positions? ......
Criteria: You are required to list F/T and P/T staff. This should include the organisation’s liability and returns to PAYE where appropriate. If the organisation contracts with another body to supply services it should be documented here.
SECTION 5: Policies
Do you have a ‘conflict of interest’ policy? Y / N (please indicate)
Criteria: You are required to confirm that a conflict of interest policy is in place and that it is available for review by MKC if needed. The conflict of interest clause may be written into the governing document.
Please state which other policies you currently have:
Equalities and diversity Y / N (please indicate) Health and Safety Y / N (please indicate) Safeguarding and DBS Y / N (please indicate) Risk assessment Y / N (please indicate)
Other (please describe): ………………………………………………………………………………………..
Version 17.06.2013 50 Annex A Criteria: You are required to confirm that all policies are reviewed and monitored whenever appropriate.
SECTION 6: Users and the Community
Have you engaged with the expected users of the asset? If so, describe how:
…………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………
Criteria: You are required to demonstrate that your organisation has engaged with users and has discussed its application with them. Evidence of this can include leaflets, surveys, letters of support from user groups, list of groups currently using the asset, users serving on a management group etc. A broad range of user-groups suggests that your organisation is genuinely open and accessible to all the people it seeks to serve.
Do you plan to expand the activities in the asset? If so, describe how:
…………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………
Criteria: You are required to describe how proposed new activities will benefit the community and/or provide assurance that current activities will continue.
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APPENDIX C – Stage Two Application Form
The business case made to the Council by the Community Partner is the single most important document to inform the decision about whether to proceed with the transfer. Any business plan presented to the Council at minimum must contain the following (although Community Partners should feel free to structure the business plan in anyway they see fit): STAGE TWO APPLICATION FORM
*Have you previously made a successful Stage One application? Y / N (circle as appropriate) Applicant Details Name of applicant: …………………………………………………………….. Tel: …………………………………………………..
Asset being applied for: ……………………………………………………… E-mail: ………………………………………………
Name of organisation: ………………………………………………………… Web site: ……………………………………………
Address of organisation: ……………………………………………………..
………………………………………………………………………………………
………………………………………………………………………………………
Legal status: (Charity / CIC / Parish Council/Town Council) / Other (please describe): …………………………………………………...
Registration Number: …………………………………………………………. Date of incorporation / registration: ……/……/……..
Version 17.06.2013 52 Annex A
Governing Document: Mem and Arts / Constitution / Standing Orders / Other (please describe): ………………………………………
Names of Trustees / Directors: Staff relevant to management of asset:
…………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… …………………………………… ……………………………………
Executive Summary *No more than 1 side of A4. Note - this is your opportunity to demonstrate your business case and justify why you want to take this asset.
Relevant Experience *This is to demonstrate that you have experience in running an asset and/or managing a project. This section exists to give you a chance to prove that you understand governance and financial management, along with insurance and liabilities. You should show how your organisation plans / runs / manages a project and how you assess the viability of a project and respond to changes that might occur during the process. You may wish to demonstrate your experience in raising funding and managing policies.
Policies we would expect to see include: Health and Safety, Equalities and Diversity, Financial Management and Reserves policy, Declaration of Interest, Safeguarding policy (if appropriate), Risk Assessment.
Managing the Asset
Version 17.06.2013 53 Annex A *This is your proposal for managing the asset. This should include staffing, volunteers, hiring policy, (what hire arrangements / lease user groups have and their booking status) hire rates. You should indicate if you have any future plans for the asset e.g. development of the facility and explain the added/social value of your organisation managing the asset.
Promoting the Asset *What are you plans to advertise and generate community interest in the asset?
Finances *Please show the financial projections for the next 3 years. An example cashflow is available in the Toolkit document. You should increase your costs by 3% each year. If you are a Parish/Town Council you should demonstrate how the budget will be managed within your overall budget (budget code). What are your plans for covering any deficit? You should demonstrate how you will build a maintenance reserve.
Risk Assessment *Please complete a risk assessment for the project. How you will mitigate any risks? A template for risk assessment is provided in the Toolkit document.
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APPENDIX D - Corporate Health and Safety Manual Section 1 – General Risk Assessment Issued November 2011.
Date for review January 2014
EXAMPLE
An assessment of risk is required under the Management of Health and Safety at Work regulations 1999. This pro forma may help with this process and if used should be kept as a record of the findings of the assessment. Please refer to the guidance notes that accompany this form (see back page) or if you would like more advice or guidance please contact the Health and Safety Team.
ASSESSMENT OF RISK FOR:
Activity / Service / Premises:
Service group / Department:
HAZARD & CONTROLS CHECKLIST;
The risks to employees and NON employees must be assessed; Listed below are some of the hazards most likely to be present during council activities. Note that this is NOT an exhaustive list. If there are hazards that are inappropriate to the activity you are assessing please remove them. If there are hazards that are not listed but which are appropriate to the activity you are assessing, please put them in;
Version 17.06.2013 55 Annex A
Please give brief details of the hazards. You must state the hazard control measures that are currently in place and any additional measures that are required to control the hazard so far as reasonably practicable. = Hazards common to an office environment.
SIGNIFICANT Who What is currently being Is enough being done? Action by Action by Date of hazards that are might be done to prevent harm and YES – no further action whom? when? completion present and could harmed? protect people? required. harm people NO – what further action is necessary? 1). ASBESTOS Details:
2). DISPLAY SCREEN EQUIPMENT (DSE) Details:
3). ELECTRICITY Premises services, “hard wired” equipment and portable appliances. Details:
4). MANUAL HANDLING inc. pushing, pulling, lifting & carrying
Version 17.06.2013 56 Annex A Details:
5). STRESS Details:
6). WORK EQUIPMENT Any equipment used for work Details:
7). WORKING CONDITIONS inc; Fabric of the premises, lighting, ventilation, temperature, humidity, hygiene, etc Details:
8). SLIPS and TRIPS Details:
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9). AGGRESSION & VIOLENCE inc lone working Details:
10). ANIMALS Details:
11). DEEP WATER Details:
12). DANGEROUS SUBSTANCES Inc biological, dust / fumes, hazardous & flammable. Details:
13). MACHINERY OR WORK EQUIPMENT Details:
Version 17.06.2013 58 Annex A
14). NOISE & VIBRATION Details:
15). WEATHER Details:
16). WORKING AT HEIGHT inc falling / flying objects. Details:
17). WORKING HOURS i.e. long or unsocial. Details:
18). VEHICLES used on the highway or in the workplace.
Version 17.06.2013 59 Annex A Details:
19). ANY OTHER ACTIVITIES WITH SIGNIFICANT RISK not covered above. Details:
COMMENTS AND ADDITIONAL INFORMATION;
DATE OF ASSESSMENT: RECCOMENDED REVIEW DATE:
NAME & SIGNATURE OF ASSESSOR; DATE:
NAME & SIGNATURE OF SECTION MANAGER; DATE:
Version 17.06.2013 60 Annex A
Guidance On Completing The Risk Assessment Form
SIGNIFICANT Hazards This is a list of the hazards likely to be encountered as part of carrying out the Council’s undertaking.
Who might be harmed? The Council is required to make an assessment of the risks to employees whilst they are at work, and others who may be affected by the way the Council carries out its undertaking. Please list employees, service users, general public, children, and so on – see Health and Safety Manual for more details.
What is currently being done to The following are examples of the types of measures that may already be in place to control the prevent harm and protect people? hazards; The provision of, and adequate maintenance of, equipment suitable for the activity. The provision of adequate training instruction and supervision. The provision of a safe workplace, stairs, floors, passageways etc. in good condition, clean and maintained with adequate space and arrangements for emergency evacuation. The provision of a safe and healthy working environment, adequate heating, lighting, space and ventilation. The carrying-out of other specific subject risk assessments i.e. Control of Substances Hazardous to Health, Manual Handling, Display Screen Equipment etc The provision of other risk control measures such as mobile phones for lone workers,
Version 17.06.2013 61 Annex A counselling for stress and aggression. The provision of relevant Personal Protective Equipment. The following of safe systems of work
When considering what is being currently done, the assessor must take account of individual factors / capabilities, including gender, age, physique and experience. For example, the risks to a new employee may be different to those of an established one and physical ability will depend on age, gender and general health.
Is enough being done? Is there anything else that can be done so far as is reasonably practicable to further reduce the risk to employees and others without adversely affecting their safety or ability to undertake the activity.
EXAMPLES OF HAZARD WHICH MAY BE PRESENT DURING COUNCIL ACTIVITIES
HAZARDS EXPLANATIONS AND EXAMPLES 1. Asbestos. Any activity that involves work on the fabric or structure of a council premises. For further information see Section 4.1 of the Health and Safety Manual. 2. Display Screen Equipment Work involving the use of Display Screen Equipment, usually personal computers. A specific (DSE). assessment may be required under the Display Screen Equipment Regulations 1992 (amended 2002). For further information see Section 4.3 of the Health and Safety Manual. 3. Electricity. Work involving the use of, exposure to or contact with electricity, including the use of work equipment and portable tools, poor wiring, maintenance work. For further information see Section 4.4 of the Health and Safety Manual. 4. Manual Handling. All manual handling operations e.g. lifting carrying pushing and pulling carried out by employees. A specific assessment may be required under the Manual Handling Operations Regulations 1992. For further information see Section 4.8 of the Health and Safety Manual. 5. Stress. May be present in all types of work. For further information see Section 4.10 of the Health and
Version 17.06.2013 62 Annex A Safety Manual. 6. Work equipment. Any equipment used for work including hand tools such as knives, saws, hammers, chisels, compressed air power tools. 7. Working conditions. Premises / workplace hazards, such as uneven floors, stairs, lack of space, poor access, obstructions, trailing leads, lack of maintenance / repairs (broken windows etc) lighting, ventilation, temperature, humidity, hygiene and hot surfaces / equipment that is likely to burn or scald including radiators, heaters and thermostatic mixer valves. For further information see Section 4.13 of the Health and Safety Manual. 8. Slips and trips. Premises / workplace hazards such as: uneven or slippery floors, poor storage, poor housekeeping etc. 9. Aggression & violence. All work activities where there is the potential for staff to be subjected to aggression (inc. verbal) and violence. For further information see Section 4.12 of the Health and Safety Manual. 10. Animals. All activities where there is the potential for staff to encounter dangerous animals (inc. biting insects) or be exposed to dangerous herd behaviour. 11. Deep or fast moving water. All situations where deep water may be encountered during the work activity. For further information see Section 4.19 of the Health and Safety Manual. 12. Dangerous substances. This includes all materials and chemicals which are labelled as TOXIC, HARMFUL, IRRITANT, CORROSIVE and others which may cause harm. It also includes flammable substances such as petrol, diesel, paraffin etc, solvents and gases like LPG and dust / fumes / smoke. A specific assessment may be required under the Control of Substances Hazardous to Health Regulations 2002. For further information see Section 4.11 of the Health and Safety Manual. 13. Machinery. Work involving the use and maintenance of fixed machinery and plant, including machine tools, lifts and printers irrespective of power source. 14. Noise & vibration. All situations / activities where exposure to harmful levels of noise or vibration might occur. For further information see Sections 4.22 (for vibration) and 4.24 (for noise) of the Health and Safety Manual. 15. Weather. How the extremes of the weather can impact on the individual or the activity being undertaken. 16. Working at height. Assessing the risk from high level storage, using ladders, steps, scaffolds both as access and as working platforms and the use of mobile platforms, including falling or flying objects. For further information see Section 4.15 of the Health and Safety Manual. 17. Working hours. All work activities that involve long or unsocial hours or the lack of suitable rest breaks. 18. Vehicles. Use of either private vehicles on council business or the use of council-owned vehicles such as
Version 17.06.2013 63 Annex A lorries, vans, cars, mowers etc. For further information see Section 4.18 of the Health and Safety Manual.
Version 17.06.2013 APPENDIX E - Cashflow Forecast for XX
Month Year 1 Year 2 Year 3 Year 4 Year 5 Total
Income Hire income 0 0 Bank Loan 0 Own Capital 0 0 Grants 0 Total 0 0 0 0 0 0
Outgoings Cash Purchases 0 Credit Purchases 0 0 Wages 0 Sub Contractors 0 Rates 0 Light/Heat/Power 0 Telephone 0 Stationery 0 Insurance 0 Advertising 0 Repairs/Renewals 0 Motor & Travel 0 Consumables 0 Accountancy/Legal 0 Loan Repayments 0 Bank Charges 0 Contigency/Break-D 0 Capital Items 0 Total 0 0 0 0 0 0
Surplus/Deficit 0 0 0 0 0 0 Balance @ Start 0 0 0 0 0 Balance @ End 0 0 0 0 0 65 Annex A
APPENDIX F - Reference:
Managing Risks In Asset Transfer – A Guide www.communities.gov.uk
LGIU weekly policy bulletin: http://communityrights.communities.gov.uk/
Tools to Map & Manage Your Community Assets
The Place Station is an innovative site which allows you to map land and buildings that are valued by local residents. It also invites you to add or find assets and encourages private sector professionals to offer their support to help get projects off the ground.
The Building Calculator offers communities the professional know-how to work out the long-term costs of a building. Using the most up-to-date building component data, and the whole life-costing methodology employed by surveyors and construction professionals, this easy-to-use tool enables communities to plan ahead for future building maintenance and replacement costs.
Community Matters is the largest network of community-led organisations. The nationwide federation for community organisations and similar organisations, with more than 1,100 member organisations across the UK, Community Matters has played a key role in promoting and supporting action by ordinary people in response to social, educational and recreational needs in their neighbourhoods and communities. Members have access to extremely comprehensive guidance and information as well as model documents and policies. www.communitymatters.org.uk
Sport England - Among its array of advice and guidance, the Community Sport Asset Transfer Toolkit is a bespoke, interactive Web-based tool that provides a step by step guide through each stage of the asset transfer process. Developed in partnership with Locality - the UK’s leading network for community-led organisations - the toolkit aims to make the process as accessible as possible by providing step-by- step information, resources and case studies. www.sportengland.org
Asset Transfer Unit - The Asset Transfer Unit helps to empower local people and organisations to transform land and buildings into vibrant community spaces whilst supporting the development of a thriving third sector. They are the leading provider of expert advice, guidance and support concerning the transfer of under-used land and buildings from the public sector to community ownership and management - helping organisations to develop those assets and deliver long-term social, economic and environmental benefits. www.atu.org.uk
MKCE (Milton Keynes Community Enterprise) - Offers support and development advice to entrepreneurs, community groups, charities, and voluntary sector organisations in Milton Keynes who wish to develop a more sustainable way of
Version 17.06.2013 66 Annex A working. Advisors are qualified in social enterprise support and have extensive knowledge of the voluntary and community sectors. Also offers advice on Business Planning. www.mkce.co.uk
Big Society Capital - Big Society Capital will be run independently from the government with decisions around funding being made by an impartial investment committee. It will play a critical role in speeding up the growth of the social investment market.
Socially orientated financial organisations will have greater access to affordable capital, using an estimated £400 million in unclaimed assets left dormant in bank accounts for over 15 years and £200 million from the UK’s largest High Street banks. Big Society Capital and the four Merlin banks have also come to an agreement on heads of terms for the banks’ £200m investment in the company. www.cabinetoffice.gov.uk/resource-library/big-society-bank-outline-proposal
Big Lottery Fund - Big Lottery Fund is responsible for giving out half the money for good causes raised by the National Lottery and has a budget of about £630 million a year. It manages the £30 million Community Assets Fund on behalf of the Office of the Third Sector. www.biglotteryfund.org.uk
Milton Keynes Council Civic Offices T 01908 000000 1Saxon Gate East F 01908 000000 Version 17.06.2013 Central Milton Keynes E department@milton- MK9 3EJ keynes.gov.uk W www.milton-keynes.gov.uk 67 Annex A
www.milton-keynes.gov.uk/service
Milton Keynes Council T 01908 000000 Civic Offices F 01908 000000 1Saxon Gate East E department@milton- Available in audio, large print, Central Milton Keynes keynes.gov.uk Braille and other languages MK9 3EJ W www.milton-keynes.gov.uk Tel 01908 25**** Version 17.06.2013