<<

Policy and Resources Committee

Tuesday, 12 February 2019

NOTICE IS HEREBY GIVEN that a Meeting of the Policy and Resources Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Tuesday, 12 February 2019 at 09:30.

BUSINESS

1 Sederunt

2 Declaration of Group Decisions and Members Interests *

3 Minute of Meeting dated 27 November 2018 7 - 16

4 Written Questions **

5 Developer Obligations 17 - 24 Report by Corporate Director (Economic Development, Planning and Infrastructure)

6 Whole Systems Approach in Youth Justice - 25 - 36 Reinvigoration and Extension for Care-Experienced Young People Report by Acting Corporate Director (Education and Social Care)

7 Capital Plan 2018/19 37 - 62 Report by Corporate Director (Corporate Services)

8 Charging for Services 63 -

130 Report by Corporate Director (Corporate Services)

Page 1 9 Community Asset Transfer Valuation Fees 131 -

136 Report by Corporate Director (Corporate Services)

10 Discretionary Non-Domestic Rates Relief 137 -

154 Report by Corporate Director (Corporate Services)

11 Revenue Budget Monitoring to 31 December 2018 155 -

178 Report by Corporate Director (Corporate Services)

12 Corporate Services Performance Report - April to 179 -

196 September 2018 Report by Corporate Director (Corporate Services)

13 Chief Executive's Office Performance Report - April to 197 -

204 September 2018 Report by Chief Executive

14 IHRA Definition of Antisemitism 205 -

208 Report by Chief Executive

15 Question Time *** Consider any oral question on matters delegated to the Committee in terms of the Council's Scheme of Administration.

Summary of Policy and Resources Committee functions: To regulate, manage and monitor the finances of the Council both capital and revenue; to deal with staffing policies and practices other than for teaching staff; to deal with equal opportunities policies and practices; to deal with procurement policies and priorities; to deal with all matters relating to the Council’s duty to initiate, maintain and facilitate Community Planning; to ensure that the organisation, administrative and management processes of the Council are designed to make the most effective contribution to achieving the Council’s objectives; to provide all central support services; to exercise the functions of the Council in connection with the Registration of Births, Deaths and Marriages; to deal with valuation and electoral registration matters.

Page 2

Any person attending the meeting who requires access assistance should contact customer services on 01343 563217 in advance of the meeting.

Page 3 GUIDANCE NOTES

* Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting.

** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 12 noon two working days prior to the day of the meeting. A copy of any written answer provided by the Chair will be tabled at the start of the relevant section of the meeting. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed.

No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days.

*** Question Time - At each ordinary meeting of the Committee ten minutes will be allowed for Members questions when any Member of the Committee can put a question to the Chair on any business within the remit of that Section of the Committee. The Member who has put the question may, after the answer has been given, ask one supplementary question directly related to the subject matter, but no discussion will be allowed.

No supplementary question can be put or answered more than ten minutes after the Committee has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he/she can submit it in writing to the proper officer who will arrange for a written answer to be provided within seven working days.

Clerk Name: Moira Patrick Clerk Telephone: 01343 563016 Clerk Email: moira.patrick@.gov.uk

Page 4

THE MORAY COUNCIL

Policy and Resources Committee

SEDERUNT

Councillor Aaron McLean (Chair) Councillor Graham Leadbitter (Depute Chair) Councillor George Alexander (Member) Councillor Frank Brown (Member) Councillor John Cowe (Member) Councillor Lorna Creswell (Member) Councillor John Divers (Member) Councillor Tim Eagle (Member) Councillor Ryan Edwards (Member) Councillor Louise Laing (Member) Councillor Marc Macrae (Member) Councillor Shona Morrison (Member) Councillor Sonya Warren (Member)

Clerk Name: Moira Patrick Clerk Telephone: 01343 563016 Clerk Email: [email protected]

Page 5

Page 6

MORAY COUNCIL Item 3

Minute of Meeting of the Policy and Resources Committee

Tuesday, 27 November 2018

Council Chambers, Council Office, High Street, Elgin, IV30 1BX

PRESENT

Councillor George Alexander, Councillor Frank Brown, Councillor John Cowe, Councillor Lorna Creswell, Councillor Tim Eagle, Councillor Louise Laing, Councillor Graham Leadbitter, Councillor Marc Macrae, Councillor Aaron McLean, Councillor Shona Morrison, Councillor Sonya Warren

APOLOGIES

Councillor John Divers, Councillor Ryan Edwards

IN ATTENDANCE

The Chief Executive, the Corporate Director (Corporate Services), the Corporate Director (Economic Development, Planning and Infrastructure), the Acting Corporate Director (Education and Social Care), the Head of Direct Services, the Head of Legal and Democratic Services, Frances Garrow, the Acting Head of Human Resources and ICT, the Head of Financial Services, the Head of Housing and Property, the Estates Manager, the Environmental Health Manager, the Energy Officer, Paul Connor Principal Accountant, the Asset Management Coordinator and the Democratic Services Manager as Clerk to the meeting.

ALSO PRESENT:

Councillor Donald Gatt

1 Declaration of Group Decisions and Members Interests *

In terms of Standing Order 20 and the Councillors’ Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member’s interests in respect of any item on the agenda.

2 Resolution

The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government () Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this minute as specified below, so as to avoid disclosure of exempt information of the class described in the appropriate paragraphs Page 7

of Part 1 of Schedule 7A of the Act.

Paragraph No. of Minute Paragraph No. of Schedule 7A

17 6 18 9 19 6 and 9 20 6 and 9 21 9

3 Minute of Policy and Resources Committee dated 2 October 2018

The minute of the meeting dated 2 October 2018 was submitted and approved.

4 Written Questions **

The Committee noted that no written questions had been submitted.

5 Notice of Motion by Councillors L Laing and S Morrison

A Notice of Motion was submitted by Councillor Laing, seconded by Councillor Morrison in the following terms:

"This Committee notes the issue of plastic pollution and the negative impact it has on the environment and welcomes that it is a concern of the public.

The Committee also notes the excellent work done by local groups to address the problem by carrying out litter picks and beach cleans.

This Committee asks officers to phase out the use of single use plastics unless no alternative can be found, in all council buildings, as soon as practically possible.

The Committee would like to congratulate local businesses who are already taking steps to do this and would encourage more to join them."

In response to terms of the Notice of Motion the Head of Direct Services advised that the Council has already made progress away from single use plastic by using alternative packaging for sandwich wedges, recyclable containers for pot lunch and salads, plastic cutlery is now only used when a dishwasher breaks down and paper drinking cups placed at drinking fountains. He further advised that a set of questions could be developed challenging potential bidders to explain their use of, and policy on, single use plastics in appropriate tenders and evaluated.

He further advised that while officers will look at alternative market products from single use plastic and incorporate a SUP tendering evaluation, the definition of practicable in the motion must inevitably take account of any increased costs for sourcing alternative products. For example where a product is budget neutral and its application is appropriate then use of this will be phased in at the earliest opportunity. Where additional expenditure would be required to make a change, however, given the current financial constraints, officers would suggest that this will Page 8

be considered by the service only where any change can be accommodated within existing budgets or by accessing any available grant or other external funding streams.

During discussion Councillor Alexander asked if the wording of the motion at paragraph 3 could be amended to read that "officers be asked to continue their efforts to phase out the use of single use plastics etc...." This was agreed.

Thereafter following further discussion the Committee agreed the terms of the motion as follows:

"This Committee asks officers to continue their efforts to phase out the use of single use plastics unless no other alternative can be found, in all council buildings, as soon as possible."; this approach also being as requiring to include the consideratins outlined in the response by the Head of Direct Services.

6 2017-18 Annual Energy Report

Councillor Gatt joined the meeting at this juncture.

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) presenting the Annual Energy Report for 2017/18 and advising the Committee on actions to minimise the Council's energy consumption, as well as progress and developments on a number of energy issues.

Following consideration Committee agreed to note the terms of the 2017/18 Annual Report and that in 2017/18 the Council’s energy consumption in non-domestic operational properties increased by 7.4%, and the energy bill increased by 7.6% (£188,132).

7 Partnership Agreement with tsiMoray

A report was submitted by the Corporate Director (Corporate Services) providing the Committee with a progress report against commitments made in the partnership agreement with tsiMoray and to update the partnership agreement for 2018/19.

Following consideration the Committee agreed to:

i. note the progress in relation to the partnership commitments made in 2016/17, and

ii. approve the proposed partnership agreement for 2018/19.

8 Caravan Sites and Control of Development Act 1960

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) informing the Committee of the changes to legislation in respect of Page 9

the licensing of residential caravan sites and the timetable for implementing these changes. The report also sought the Committee's agreement of the fees to be charged for handling a first site licence application and for a licence renewal as set out in Appendix 2 to the report.

Following consideration the Committee agreed:

i. to note that the Housing (Scotland) Act 2014 has made significant changes to the Caravan Sites and Control of Development Act 1960 in respect of the licensing of residential caravan sites;

ii. to note the changes to the licensing of residential caravan sites including the establishment of a fit and proper person test in respect of the applicant for a residential caravan site licence and any person involved with the day to day management of the site (including a site manager appointed by the site owner to manage the site);

iii. to note that those who already hold a site licence issued under the previous licensing regime have to be licensed in terms of the new regime 1 May 2019; and

iv. the fees to be charged for handling a first site licence application and for a licence renewal as set out in Appendix 2 of the report.

9 Living Wage Accreditation

A report was submitted by the Corporate Director (Corporate Services) inviting the Committee to approve the proposal to seek Living Wage Accreditation for the Council.

Following lengthy discussion, Councillor Morrison moved that the Committee approve the attainment of Living Wage accreditation providing Living Wage Employer status. There being no-one otherwise minded this was agreed.

10 Human Resources Service Pressures

A report was submitted by the Corporate Director (Corporate Services) asking the Committee to consider the current pressures on the Human Resources (HR) service and seeking approval for provision of a scaled down workforce plan.

Following consideration the Committee agree to:

i. note the current pressures on the HR Service;

Page 10

ii. approve the provision of a scaled down workforce plan, and

iii. review the situation in 2019 as part of the annual workforce plan report.

11 Community Asset Transfer Request (2015 Act) Marine Park,

A report was submitted by the Corporate Director (Corporate Services) inviting the Committee to consider an asset transfer request made under Part 5 of the Community Empowerment (Scotland) Act 2015 for a transfer of ownership of Marine Park, Lossiemouth.

Following consideration the Committee agree to:

i. approve the request to transfer ownership of Marine Park to Action Marine Park at nil consideration subject to the terms set out in section 6 of the report, and

ii. note that, if the asset transfer request is agreed, Action Marine Park will have 6 months from the date of the decision notice within which to submit a formal offer to purchase the property, failing which the agreement will have no further effect and the asset transfer process will come to an end.

12 Community Asset Transfer Request Bowling Green and Tennis Courts

A report was submitted by the Corporate Director (Corporate Services) inviting the Committee to consider an asset transfer request for a transfer of ownership of the Portknockie bowling green and tennis courts out with the provisions of the Community Empowerment (Scotland) Act 2015.

Following consideration the Committee agreed to:

i. approve the request to transfer ownership of the Portknockie bowling green and tennis courts to Portknockie Bowling and Tennis Club at nil consideration subject to the terms set out in section 6 of the report, and

ii. remit the matter to the Estates Manager and the Legal Services Manager (Property and Contracts) to complete the transfer of title.

13 Capital Plan 2018-19

A report was submitted by the Corporate Director (Corporate Services) advising the Committee of the expenditure to 30 September 2018 under the capital plan for financial year 2018/19 and of the estimates of projected expenditure profiled into quarters.

Following consideration the Committee agreed to: Page 11

i. note expenditure to 30 September 2018 of £8,230,000;

ii. note the current projected expenditure of £25,561,000 for 2018/19 profiled into quarters;

iii. note the projected overall expenditure for projects spanning more than one financial year, as set out in Appendix 2 of the report;

iv. approve the proposed budget deferments of £8,685,000 arising from slippage and expenditure reprofiling from 2018/19 to 2019/20 and future years as detailed in paragraph 5.9 of the report;

v. approve reduction of the programme by £110,000 for the budget saving detailed in paragraph 5.6.2 of the report, and

vi. approve that unscheduled work is undertaken in early course to repair storm damage at harbours.

14 Revenue Budget Monitoring to 30 September 2018

A report was submitted by the Corporate Director (Corporate Services) advising the Committee of the revenue budget monitoring position to 30 September 2018 and of the current estimated out-turn for 2018/19.

Following consideration the Committee agreed to note:

i. the budget monitoring position of £410,000 over budget for 2018/19 as at 30 September 2018;

ii. that this position consists of an underspend on Devolved School budgets of £552,000, an overspend on Social Care services delivered on behalf of the Moray Integration Joint Board (MIJB) of £1,125,000 and an underspend on other services of £163,000;

iii. movement of £102,000 in the General Revenue Grant, as detailed in paragraph 3.4 of the report;

iv. the current estimated out-turn for 2018/19 of an overspend of £2,024,000 resulting in an increase of £2,024,000 in use of Council reserves;

v. emerging budget pressures as summarised in paragraph 6.2 of the report;

Page 12

vi. the position regarding MIJB as described in paragraph 6.11 of the report, with cost implications of £532,000 for the Council, and

vii. further commitments of £5,678,000 against reserves as summarised in Section 8 of the report.

The Committee further approved the release from provisions to meet budget pressures of:

i. £123,000 as identified at paragraph 5.6 of the report in relation to children transitioning into adult social care;

ii. £78,000 as identified at paragraph 6.2 of the report in relation to the withdrawal of WRVS deliver of meals on wheels, and

iii. £30,000 as identified at paragraph 6.7 of the report in relation to the implementation of the introduction of a charge for recycling garden waste.

15 Economic Development Policy in Moray

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) providing the Committee with an overview of strategic and policy developments over the past 18 months at a community planning partnership level concerning the Moray economy and asking for the current draft revised Moray Economic Strategy and Moray Skills Investment Delivery Plan to be considered and comments submitted for consideration to enable both documents to be finalised for launch on 13 December 2018.

During discussion Councillor Cowe in referring to page 15 of the report in particular to page 5 of the Moray Ecomonic Strategy 2018-2028 stated that in respect of the “Challenging Stats” he was of the opinion that reference to local government funding should be included. This was agreed.

Thereafter following further discussion the Committee agreed:

i. to note the progress made to date in revising Moray Economic Strategy to ensure that it reflects current challenges and opportunities in Moray and sets out SMART objectives for the next ten years, and that any comments on the current draft revised Moray Economic Strategy (Appendix 1 of the report) may be considered by Highlands and Islands Enterprise who are leading this review and Moray Economic Partnership which is the body responsible for final Page 13

approval of the Strategy;

ii. to note the progress made to date in creating a new Skills Investment Plan (SIP) for Moray (Appendix 2 of the report), considering the draft Moray Skills Investment Delivery Plan (SIDP) (Appendix 3 of the report) which sets out the manner in which it is proposed the SIP is delivered by community planning partners and that any comments may be considered by the SIPD Steering Group and Moray Economic Partnership which is the body responsible for final approval of the SIPD;

iii. to note that, together with Moray Growth Deal, these three documents represent the single biggest review of economic strategy in Moray since Moray Council was constituted in 1996, commending partners for the resources invested to complete this wholesale review, noting the ongoing commitment required to deliver on the objectives set out in each of these documents;

iv. that reference to local government funding be considered for inclusion as a 'Challenging statistic' within the strategy document;

v. that any further comments be passed to the Corporate Director (Economic Development, Planning and Infrastructure) or to the Secretary/PA to the Head of Development Services by no later than Friday 30 November 2018.

The Committee commended and congratulated all those involved in the preparation of the documents.

16 Question Time ***

Councillor Alexander asked for clarification from the Chief Executive on what percentage of the Council’s procurement money is spent on buying food within Moray as there had been some discrepancies in what had been reported recently in the local media.

In response the Chief Executive advised that he had provided this information to the Convener and could make this available to all members.

The Chairman stated for clarification that this issue had arisen from a press release following an FOI request submitted by the Scottish Conservative Party to Scotland Excel which stated that 16% of food in our school canteens was from within Scotland.

Councillor Leadbitter advised that in response to the comments that were made Scotland Excel have stated that the claims were misleading given that the actual percentage of food sourced in Scotland for school meals is 64%. He further advised that in Moray that figure is 44% of food sourced for school meals comes from local Page 14

suppliers in and around Moray.

17 Community Asset Transfer Interest, Cullen [Para 6]

A report was submitted by the Corporate Director (Corporate Services) inviting the Committee to consider options for the future of a Common Good asset located at Reidhaven Street, Cullen, following receipt of an Expression of Interest in a potential Community Asset Transfer.

Following consideration the Committee agreed:

i. to declare the property located at Reidhaven Street, Cullen, surplus to requirements;

ii. to instruct officers to undertake a public consultation (on a proposal to sell the property for residential use) in accordance with the legislative provisions for the disposal of Common Good property, as detailed in section 4(b) of the report;

iii. that a report be brought back to this Committee with the results of the public consultation to allow the Committee to consider whether to proceed to seek Court consent, which would enable the property to be marketed for sale, and

iv. to note that declaring the property surplus to requirements would not be a barrier to the submission of a formal asset transfer request under Part 5 of the Community Empowerment (Scotland) Act 2015.

18 Proposed Sale of Former Hostel at 11 Cluny Square, [Para 9]

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) asking the Committee to approve main terms for the sale of the former hostel at 11 Cluny Square, Buckie.

Following consideration the Committee agreed to:

i. approve the proposed sale as set out in section 5 of the report, and

ii. refer the matter to the Legal Services Manager (Property and Contracts) to conclude the transaction.

19 Proposed Sale of Land at Grampian Road, Elgin [Paras 6 & 9]

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) asking the Committee to consider an offer received for the sale of land at Grampian Road, Elgin.

Following consideration the Committee agreed to: Page 15

i. approve the main terms of sale as set out in section 5.2 of the report, and

ii. refer the matter to the Legal Services Manager (Property and Contracts) to conclude the transaction.

20 Sale of Council Owned Land at St Leonards Road, [Paras 6 & 9]

A report was submitted by the Corporate Director (Economic Development, Planning and Infrastructure) asking the Committee to approve the terms of sale of an area of Council owned land at St Leonards Road, Forres.

Following consideration the Committee agree to:

i. approve the provisionally agreed terms for sale of the land as detailed in section 5.1 of the report, and

ii. authorise the Legal Services Manager (Property and Contracts) to conclude the transaction on those terms.

21 Moray Leisure Centre Temporary Change to Payment Schedule [Para 9]

A report was submitted by the Acting Head of Lifelong Learning, Culture and Sport asking the Committee to agree to a temporary change to the payment schedule to Moray Leisure Ltd from December 2018 to March 2019.

Following consideration the Committee approved the temporary change to the payment schedule of funding for the Moray Leisure Centre (MLC) as detailed in Appendix 1 of the report.

Page 16 Item 5

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: DEVELOPER OBLIGATIONS

BY: CORPORATE DIRECTOR (ECONOMIC DEVELOPMENT, PLANNING AND INFRASTRUCTURE)

1. REASON FOR REPORT

1.1 To ask the Committee to agree that Developer Obligations funds are used towards the replacement Lossiemouth High School, and changes to the process for spending the funds.

1.2 This report is submitted to Committee in terms of Section III (A) (1) of the Council's Scheme of Administration relating to expenditure of budget.

2. RECOMMENDATION

2.1 It is recommended that the Committee:

(i) notes the content of the report; (ii) agrees the allocation of £20,851 Developer Obligations to the replacement Lossiemouth High School as set out in Section 4; and (iii) agrees the change in the Developer Obligations process to streamline it as set out in Section 5.

3. BACKGROUND

3.1 Developer Obligations are financial contributions sought from developers to mitigate the impact of their development on the community. When a development takes place, there is a need for infrastructure and facilities to accompany it. This can include schools, roads, transportation, healthcare, sports and recreational facilities. Obligations are secured through relevant legal agreements which confirm the purpose for which they have been taken and also govern how they can be spent.

3.2 The Developer Obligations service was previously provided by Aberdeenshire Council through a Service Level Agreement (SLA). Contributions at that time were sought towards a wider range of infrastructure items, including libraries, playing fields, indoor/outdoor sport facilities, community facilities and Page 17

cemeteries. The SLA was terminated in February 2017, and the service was taken in house to ensure a robust, consistent and transparent approach.

3.3 Following the service being taken in house, due to lack of evidence base for certain infrastructure items, such as libraries, community facilities, indoor/outdoor sport facilities and cemeteries, and viability issues arising from developments, the Council could no longer seek Developer Obligations towards these. There are still some funds available for spend that were previously taken in respect of these headings. The Council currently seeks contributions towards education, healthcare, transportation and sports and recreational facilities. The approved Developer Obligations Supplementary Guidance sets out the methodologies used to calculate the level of contributions required and the rates applicable. The Guidance is being reviewed this year and will be reported to Planning and Regulatory Services Committee later this year.

3.4 Developer Obligations were initially to be used by the relevant Council Departments, however given appropriate projects were not forthcoming at that time and to ensure that the funds for community facilities, playing fields and indoor/outdoor sport facilities were spent; Community Groups were invited to submit applications for projects that the money could be spent on.

3.5 This approach has been reviewed since the service was taken in house and the service has been more proactive encouraging departments to take up the Developer Obligations on projects that meet the purpose for which the money was taken. Officers from Development Plans are currently working with relevant Council Departments to ensure appropriate spend of available contributions.

3.6 In the current process for the utilisation of contributions towards community facilities, playing fields, indoor/outdoor sports facilities and library facilities, proposals are reviewed by Officers initially to ensure that these meet the criteria set out by the legal agreements. Spend must be within the terms of the relevant agreement to show monies are being used to address the impact of the developments they were taken for. Projects meeting the relevant criteria are sent to the relevant Ward Members for a unanimous decision. If there is a disagreement, the issue is reported to the next meeting of this Committee.

3.7 This approach has been taken since 2016 when a report approved by this Committee on 25 October 2016 (Para 5 of minute refers) gave delegated authority to the Head of Development Services, in consultation with relevant Ward Members, for the allocation of Developer Obligation funds associated with community facilities, playing fields, indoor/outdoor sports facilities and library facilities.

4. PROPOSALS IN LOSSIEMOUTH

4.1 The following requests have been received from Community Groups to ascertain whether there are any available Developer Obligation funds to use towards their proposed projects:

Page 18

• Action Marine Park: new pavilion within the Park • Seafest Group: 15 folding round tables and a dual-mic system to be used at Seafest

A request has also been received from Education for funds of £20,851, detailed below, to go towards the replacement of elements of Lossiemouth High School incorporating a 3G pitch and community facilities which fits with the purpose that the money was taken and reduces the overall budget cost of the project. The available amounts are not part of the funding agreed for the Lossiemouth High School; however these meet the criteria of spend as set out in the legal agreements and therefore could be used to offset some of the costs that the Council is committed to.

• Playing fields- £1,006 • Community Facilities- £19,845

4.2 A Developer Obligation of £2,151 towards library facilities is also available to spend within the Lossiemouth High School catchment area. This fund was also proposed to be spent towards the community library facility incorporated within the new Lossiemouth High School. However, if the decision is made as part of the saving proposals to close Lossiemouth Library, this amount of £2,151 will have to be refunded to the developers and the same applies to Developer Obligations towards libraries in another catchment area, unless there is a library being operated by a Community Group and accessible to the community.

4.3 If the spend on the Council project is supported, this would result in no Developer Obligations being available to the Community Groups, which has unfortunately led to a disagreement amongst the Heldon & Laich Ward Members.

4.4 It is recommended that taking account of the Council`s current financial situation; the available Developer Obligations of £20,851 as detailed above are committed towards the identified elements of the replacement Lossiemouth High School, which meets the purpose for which the money was taken and reduces the budget burden on the Council accordingly. This is based on the current circumstances in that the 3G pitch and community facilities within Lossiemouth High School will be open to the community.

5. PROPOSED CHANGE TO PROCESS

5.1 The Developer Obligations service has been provided in house for 2 years and during this period it has been found that the current practice is causing delays in the spending of these funds which in turn, is causing uncertainty for Community Groups and Council departments when they apply as decisions can take several months. Developer Obligation funds are time limited and delays in their spending could result in money being returned to the developer. Furthermore, it is time consuming and resource intensive to resolve the disagreements between Ward Members.

5.2 Therefore, it is proposed to change the current practice to the requirement for a majority decision amongst Ward Members in order to streamline the process, avoid delays and ensure projects are delivered and funds spent on Page 19

appropriate proposals that meet the terms of the legal agreements entered into. Where there are competing eligible projects preference will always be given to those projects being funded and delivered by the Council.

5.3 In cases of a split decision within Wards of four Elected Members, Heldon & Laich and Forres, it is recommended to delegate final authority to the Head of Development Services.

5.4 Appendix 1 sets out the proposed process for consulting and seeking support from the Ward Members.

6. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The top priority of the 10 year plan is a growing, diverse and sustainable economy; and infrastructure is needed to support growth and sustainable communities. One of the Corporate Plan priorities is to work towards a financially stable council that provides valued services to communities.

(b) Policy and Legal Developer Obligations is a Policy (IMP3) in the Moray Local Development Plan 2015, which is proposed to be carried forward as a primary policy PP3 Infrastructure and Services, in the Moray Local Development Plan 2020 to reflect the need for an infrastructure first approach.

An up-to-date, robust evidence base is required to minimise the risk of legal challenges. Monies must be spent for the purpose for which they were taken.

(c) Financial implications Spending Developer Obligations towards Council owned assets could ease budget pressures and reduce the Council’s borrowing, however the spend must be in accordance with the legal agreement setting out the reason for taking the obligation in the first instance.

This report contains the additional expenditure warning. If Developer Obligations are used to fund Community Group projects rather than contributing towards the cost of Council expenditure on projects which are in accordance with the legal agreement underpinning the Developer Obligation, then the Council incurs expenditure in addition to that which is strictly required. In the current financial climate the Council should seek to minimise additional expenditure.

Changing the current process to one of a majority decision will save time in spending developer obligations.

(d) Risk Implications

Page 20

Should the contributions not be spent for the purpose it was taken by the set deadline, the Council would be open to challenge and required to repay the contribution with accrued interest.

(e) Staffing Implications Work on Developer Obligations is carried out within the Development Planning & Facilitation Team, supported by Officers in Education, Transportation, Housing, Legal, Finance, Development Management, Estates and NHS Grampian.

(f) Property None.

(g) Equalities/Socio Economic Impact The Equal Opportunities Officer had been consulted and advised there are no equalities issues arising from this report.

(h) Consultations Corporate Director (Economic Development Planning & Infrastructure), Head of Development Services, the Head of Financial Services, Douglas McLaren (Accountant), Educational Resources Manager, Senior Project Officer (Education), the Head of Legal and Democratic Services, the Legal Services Manager (Property and Contracts), the Equalities Officer, the Principal Librarian, the Lands and Parks Officer and Democratic Services Manager have been consulted and comments incorporated into this report.

7. CONCLUSION

7.1 The report asks the Committee to utilise Developer Obligations of £20,851 towards playing fields and community facilities within the Lossiemouth catchment area towards the replacement Lossiemouth High School.

7.2 The report provides an overview of the current process of using contributions towards community facilities, playing fields, indoor/outdoor sport facilities and libraries; and asks the Committee to agree to the recommendation of a majority Ward Member decision to streamline the process and avoid delays.

Author of Report: Hilda Puskas (Developer Obligations Officer) Background Papers: Ref:

Page 21

Page 22 Item 5

Application form to be Appendix 1 submitted to developerobligations@moray. gov.uk

Application meets the Application doesn’t meet criteria of the legal the criteria of the legal agreement agreement

Application is sent to Developer Obligations to Ward Members to seek advise the Group/ Council their support Department

Ward Member majority Majority of Ward Split decision within support Members are not Wards of 4 Members supportive

Developer Obligations to Developer Obligations to Decision is delegated to advise the Group/Council advise the Group/Council Head of Development Department Department Services

Developer Obligations to advise the Group/Council Department and the Ward Members

Page 23

Page 24 Item 6

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: WHOLE SYSTEMS APPROACH IN YOUTH JUSTICE: REINVIGORATION AND EXTENSION FOR CARE-EXPERIENCED YOUNG PEOPLE

BY: ACTING CORPORATE DIRECTOR (EDUCATION AND SOCIAL CARE)

1. REASON FOR REPORT

1.1 To inform the Committee of redetermination funding that has been allocated by the Scottish Government to reinvigorate Whole Systems Approach, in Youth Justice.

1.2 This report is submitted to Committee in terms of Section III (A) (2) of the scheme of administration relating to the consideration of Capital and Revenue Budgets and long term financial plans.

2. RECOMMENDATION

It is recommended that Committee:

(i) scrutinises the content of the report and notes the sum of £25,000 being paid by the Scottish Government in each of the financial years 2018-2020; (ii) approves spend of £25k in 2018/19 and £25k in 2019/20, subject to the Council’s financial planning process; and (iii) notes the overall planning for how the sum will be used for the purpose of reinvigorating and extending the age range of young people who might benefit from this approach.

3. BACKGROUND

3.1 It is reported that: -

(i) Over the last 10 years, progress has been made to support better performance and positive impact of youth justice responses.

(ii) This has been achieved through Scotland-wide strategic support at a local level around the essential elements of Whole Systems Approach (WSA), underpinning a preventative, diversionary approach to children and young people in and on the edges of formal systems, including the criminal justice system. Page 25

(iii) This progress is evidenced by a significant reduction in the number of young people being dealt with by the children’s hearings system and Court as well as those in custody.

(iv) A focus on prevention and maintaining the roll-out of WSA has underpinned this.

3.2 The WSA was rolled out in 2011 to address the needs of young people involved in or at risk of becoming involved in offending behaviour.

3.3 The approach focuses on tackling the causes of offending by young people and supporting them to change their behaviour with the aim of keeping young people out of the criminal justice system unless absolutely necessary.

3.4 It emphasises early action in response to offending rather than reporting processes and counterproductive escalation into formal, stigmatising systems.

3.5 Evidence suggests that the landscape of WSA implementation across Scotland is now very varied, and that work is required to reinforce and sustain the overall integrity and core values of the approach. Consistent with the initial roll out, the objective is to ensure prevention, early identification and targeted supports continue for young people involved in, or at risk of, offending.

3.6 The Minister for Childcare and Early Years and Cabinet Secretary for Justice have agreed in principle to £25,000 annual funding being made available to each of the 32 local authorities via the general revenue support grant. This sum will apply for the financial years 2018-20. A report on this was noted at the meeting of the Children and Young Peoples Services committee on 21 November 2018 (para 9 of the minute refers).

3.7 The funding is to support and re-energise WSA for children up to the age of 18, and extend this support, where appropriate to 21 and up to 26 for care experienced young people.

3.8 The funding for 2018-19 will be paid as part of the redetermination of General Revenue Grant funding at the end of this financial year.

3.9 The Scottish Government Justice Department required high level indication on how the funding would be used to support the overall aims: for outline details see APPENDIX I.

3.10 Key issues reported to the Children and Young People’s Services Committee follow: - • (i) the intention to increase one staff member’s hours. • (ii) to audit and refresh training in WSA. • (iii) to audit and refresh training in Restorative Justice practice. • (iv) to remain engaged with Community Justice Networks and support the development of WSA for Care Experienced People up to the age of 26 years.

Page 26

3.11 In addition to the above key activities, within the context of need to appoint a new lead for WSA, together with increased opportunity to work with the head teacher of the social, emotional and behavioural service, it is intended that this money would part fund a new temporary post at Senior Social Worker level until March 2020: this funding for WSA is currently in place until that time. The post holder will become the WSA lead for Moray. One area of responsibility for the post holder will be to co-ordinate packages of support for looked after young people placed out of area, to support their educational attainment and their return to Moray.

3.12 The Financial Regulations of the Council require that any redetermination of general revenue grant – which is unrestricted in its application – is approved by this committee if under £50,000 and by full Council if over £50,000. Consequently the expenditure considered by Children and Young People’s Service Committee in November 2018 falls due to be approved by this Committee. The Committee should note that the Council has not yet set its budget for 2019/20 and that this report looks at allocation of funding for 2019/20 as well as 2018/19. The redeterminations for 2018/19 and 2019/20 relating to Reinvigorating WSA have been treated as a new burden in the council’s financial planning process i.e. it has been assumed that the funding will be allocated to Reinvigorating WSA. As the Scottish Government have requested officers to indicate high level plans for expenditure of this sum it is clear that this assumption has been prudent.

4. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))

This report relates to the following within the Corporate Plan 2018-2023:

• Where life is better for everyone. • Provide a sustainable education service aiming for excellence. • The vision being that our children have better educational and social outcomes and so are better prepared for life. • Improved outcomes for those most in need of support. • Our most vulnerable young people and families are safe and nurtured. • Public and staff have confidence in all services we provide for children and young people.

And within the Moray – 10 year Plan – LOIP: -

• Building a better future for our children and young people in Moray. • Raising aspirations – building a better future for children and young people in Moray.

• The outcomes being that children and young people thrive; have a voice; learn; can get about; have a home; feel secure, healthy, nurtured to be supported to reach their full potential. • People are healthier and experience less harm as a result of alcohol use. Page 27

The related strategies: -

Moray Children’s Services Plan Moray Health and Social Care Partnership Strategic Plan 2016-2019 Community Safety Strategy Moray Community Justice Outcomes Improvement Plan

(b) Policy and Legal

The Council has responsibilities to children in need and at risk through the Children (Scotland) Act 2015, the Children and Young People’s (Scotland) Act 2014 and the Looked After Children (Scotland) Regulations 2009.

(c) Financial implications

The financial issue is the allocation of redetermination money of £25,000 each year 2018-20.

(d) Risk Implications

There are no risk implications associated with this report.

(e) Staffing Implications

There is the opportunity to secure a temporary Senior Social Worker post until end of March 2020. The current Senior Social Worker, for Youth Justice/Transitions and Out of Area placements, post is due to end at the end of March 2019.

(f) Property

There are no direct property implications associated with this report.

(g) Equalities/Socio Economic Impact

The allocation of this sum is to support preventative strategies for those most at risk.

(h) Consultations

Senior Officers within Education and Social Care, Senior Human Resources Adviser, Principal Accountant, Morag Smith, Senior Solicitor (Litigation and Social Care) and Tracey Sutherland, Committee Services Officer and the Equal Opportunities Officer have been consulted in the preparation of this report and are in agreement with the content relating to their areas of responsibility.

Page 28

5. CONCLUSION

5.1 The purpose of this report is to advise Committee of the allocation of funding for years 2018-20 to support the reinvigoration and extension of Whole Systems Approach and for this to be noted.

Author of Report: Corporate Parenting & Commissioning Manager Background Papers: Ref:

Page 29

Page 30 APPENDIX I Item 6

Whole System Approach (WSA) co-ordinator

The lead in Moray will be reconsidered given changes to structures and teams within Moray.

Community Justice

Youth Justice WSA will be a standing agenda item. Youth Justice is engaged with Community Justice Partnership and will attend meetings on a quarterly basis. Purpose - meetings will achieve awareness raising of WSA and engagement with WSA. Membership of Community Justice is sufficiently and appropriately wide - including – but not limited to: - Police: - Housing: - Health - public health:- Court – Procurator Fiscal (PF): - Scottish Fire and Rescue Service (SFRS); - Skills Development Scotland (SDS):- Each of which is a Corporate Parent within the 2014 legislation

WSA approach will be detailed within the strategic plan for Community Justice 2019- 2022.

Policy and Strategy

Within the Moray Children’s Services Plan 2017-2020 the following is reflected: - “The Whole System Approach is a Scottish Government initiative intended *** to achieve positive outcomes for our most vulnerable young people, ****. Adopting a Whole System Approach encourages all of us to find new ways of working ****. The approach emphasises the need for earlier intervention with all young people under the age of 18 who are engaged in offending behaviour and who come to the attention of the Children’s Hearing System, the Police, the Courts or other agencies. By having more streamlined and consistent responses that work across all systems we aim to achieve better outcomes for young people and their communities across Moray.”

The opportunity to extend the age to 21years and up to 26 years for Care Experienced Young People (CEYP) is welcomed.

Established processes

Processes in place are reported to be consistent with those applied across Scotland, and we will measure outcomes to ensure we achieve consistency in approach.

Page 31 APPENDIX I

The PF sends details of charges to a central location based in Stirling for consideration of diversion from prosecution. When diversion is not appropriate, the case is referred back for court processes. When diversion from prosecution is considered to be a viable option referral is made to the specific social worker in the Criminal Justice team who has that remit for progressing systems for diversion from prosecution and referring to Youth Justice for support and intervention. This system currently applies within the WSA for young people currently aged 16-18yrs.

The focus of the reinvigoration and extension of WSA is to include young people up to the age of 21 years, and where the young person has care experience, apply this process up to the age of 26 years.

To support the analysis of this process, in addition to quarterly partnership meetings, there are specific meetings with the PF, that apply across what had been the Northern Partnership. Amongst other things, these meetings reflect on outcomes from diversion.

Moving forward – Youth Justice and the Community Justice Partnership welcome the opportunity to extend the approach of WSA to young adults: • in the general population up to 21yrs and then, consistent with duties inherent within corporate parenting • up to 26yrs for people who are care experienced.

Planning

The initial plan is to: -

1. Increase the hours of a project worker who is skilled in the working practices within Youth Justice: so has existing knowledge of youth development and key processes. To increase the working weekly hours from the current 28 hrs to 35 hrs. The focus of his work will be to: -

(i) Act as coordinator for children and young people who are evidencing being in crisis and showing patterns of increased offending.

(ii) Act as planner and coordinator for YP placed out of area on the basis of not only care but offending, planning for their return and supporting new behaviours and networks within Moray. Numbers are low – need and intensity of service is high.

(iii) Raise awareness with those who constitute the team around the young person and for young adults to support that wider knowledge with services who are less alert to that method of working.

2. To reinvigorate awareness and engagement with WSA. The senior referred to above, acting with others, will: -

Page 32 APPENDIX I

(i) Undertake an audit of those who have been trained in WSA

(ii) Confirm who remains in post

(iii) Assess additional need for breadth of knowledge

(iv) Seek to engage / possibly deliver training/ information sessions

(v) Capture measurable individual and service outcomes.

3. Revisit and invigorate restorative approaches. The senior, acting with others, particularly those within that wider service area within Community Justice will: -

(i) Undertake an audit of those who have been trained in RJ

(ii) Assess additional need for breadth of knowledge

(iii) Support the roll out of this approach to those who more usually work with adults: this will support that widening of age range to include CEYP up to 26yrs (within corporate parenting) and referral processes.

4. An audit of existing skills in outdoor activities will consider where other areas for development may be.

5. The team and the community partnership will reflect on whether there is specific need for staff to be trained in group working with young people.

6. Additionally the team and the community partnership will reflect on the training needs, across services, in specific areas, for example: -

(i) Young people who have sexually offended

(ii) Trauma and impact on development

(iii) Adverse Childhood Experiences (ACES) – and impact on development

The intended outcome will be to support the capacity, understanding and resilience of staff who work across the services and improve outcomes for children and young people.

7. Reporting will reflect numbers and outcomes. Outcomes will be evidenced by using the wellbeing web.

Jennifer Gordon 12 November 2018

Page 33 APPENDIX I

Moray – Data Relevant to Sustaining and Advancing WSA

Criminal Justice Related

Diversion from Prosecution Cases Commenced 16/17 years 18-20 years 21-25 years 2016/17 7 3 5 2015/16 15 3 0 2014/15 3 0 0 2013/14 13 1 2

Observations – the number of cases commenced for under 18’s has decreased. Potential opportunity to increase diversion from prosecution for under 18’s and scope the potential for 18 – 20 year olds. This would need further analysis of offences being progressed through court and whether these could have been addressed via EEI or diversion. https://www2.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/DP

Criminal Justice Social Work Reports (CJSWR) 16/17 years 18-20 years 21-25 years 2016/17 15 53 105 2015/16 15 54 107 2014/15 10 52 110 2013/14 11 74 87

Observations – the number of CJSWR requests increased in 2015/16 and did not reduce on 2016/17. Further analysis would be required to establish if there was potential for these cases to be addressed via other methods – Children’s Hearing, EEI, Diversion etc. https://www2.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/SERs

Community Payback Orders Commenced 16/17 years 18-20 years 21-25 years 2016/17 8 30 73 2015/16 8 35 72 2014/15 5 31 66 2013/14 9 43 59

Observations – The number of Community Payback Orders commenced increased in 2016/17. Further analysis could help identify whether there was a decrease in the number of custodial sentences, could any of the cases have been remitted to the hearing? https://www2.gov.scot/Topics/Statistics/Browse/Crime-Justice/Datasets/SocialWork/CPOs

Page 34 APPENDIX I

SCRA Data 2017-18

Table 1 - Children and young people referred and referrals received by sex

Female Male Total

Children 53 84 137

Referrals 75 162 237

Table 6 - Children and young people referred by age and grounds of referral

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16+ Total

Non-Offence 13 9 7 7 10 <5 0 9 5 <5 5 6 7 11 12 12 0 114

Offence 0 0 0 0 0 0 0 0 0 <5 <5 <5 5 8 10 13 <5 32

Total 13 9 7 7 10 <5 0 9 5 5 6 6 11 18 20 22 <5 137

SCRA LA Breakdown - https://www.scra.gov.uk/resources/?type=statistics

SCRA Data 2016-17

Table 1 - Children and young people referred and referrals received by gender

Page 35 APPENDIX I

Female Male Total

Children 73 98 171

Referrals 91 128 219

Table 6 - Children and young people referred by age and grounds of referral

0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16+ Total

Non-Offence 18 9 10 10 9 7 6 9 7 9 5 5 7 13 13 15 <5 150

Offence 0 0 0 0 0 0 0 0 0 0 <5 0 6 5 7 14 0 31

Total 18 9 10 10 9 7 6 9 7 9 6 5 12 17 19 24 <5 171

SCRA LA Breakdown - https://www.scra.gov.uk/resources/?type=statistics

Observations – Slight increase in the number of referrals to SCRA from 2016/17 to 2017/18 but less children referred – more referrals for less children. Little change in the offence referrals. More analysis could help identify whether more children could have remained on a CSO or if cases joint reported could have been retained by the Reporter.

Page 36

Item 7

REPORT TO: POLICY AND RESOURCES COMMITTEE 12 FEBRUARY 2019

SUBJECT: CAPITAL PLAN 2018/19

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 To advise Council of the expenditure to 31 December 2018 under the capital plan for financial year 2018/19 and of the estimates of projected expenditure profiled into quarters.

1.2 This report is submitted to committee in terms of Section III (B)5 of the Council's Administrative Scheme relating to monitoring progress of projects in the approved capital plan including any revisions to the price or phasing on a quarterly basis.

2. RECOMMENDATION

2.1 It is recommended that the committee notes:

(i) expenditure to 31 December 2018 of £16,076,000, as set out in APPENDIX 1;

(ii) the current projected expenditure of £30,364,000 for 2018/19 profiled into quarters; and

(iii) the projected overall expenditure for projects spanning more that one financial year, as set out in APPENDIX 2.

2.2 It is recommended that the committee approves:

(i) proposed budget deferments of £4,280,000 arising from slippage and expenditure reprofiling from 2018/19 to 2019/20 and future years as detailed in paragraph 5.9.1 of the report;

(ii) proposed budget savings reduction in 2018/19 of £681,000 as detailed in paragraph 5.9.2 of the report.

Page 37

3. BACKGROUND

3.1 The capital plan for 2018/19 of £54,096,000 was approved by a meeting of Moray Council on 12 February 2018. Amendments approved by Council and by Policy and Resources Committee since this date have been incorporated to give a current approved capital plan for 2018/19 of £35,479,000. The current projected expenditure is £30,364,000, giving a projected underspend of £5,115,000.

3.2 Regular monitoring reports are provided to Policy and Resources Committee or to Council showing expenditure to date for each project and details of capital receipts received. Policy and Resources Committee on 10 May 2016 agreed to amendments to the information provided in response to the Audit Scotland report “Major Capital Investment in Councils”. Accordingly this report includes a separate APPENDIX 2, giving details of expenditure on projects which span more than one financial year.

4. CAPITAL PLAN 2018/19

4.1 A copy of the capital plan is attached as APPENDIX 1, showing actual expenditure to 31 December 2018 of £16,076,000. Capital receipts of £414,000 from sale of assets are identified along with General Capital Grant of £18,228,000 from the Scottish Government and £196,000 of grant funding from the Strategic Timber Transport Scheme. The Council has utilised developer contributions of £16,000 for Elgin Transport Strategy, £148,000 for the purchase of car parking machines and £308,000 for Linkwood Primary School. Developer contributions of £265,000 have also been received in this financial year while repayments of contributions to developers of £299,000 have been made.

4.2 Expenditure on land and buildings to 31 December totals £8,957,000. The major items of expenditure are £2,546,000 for schools make-do-and-mend projects, £766,000 for the works to provide early learning and childcare facilities at Milnes Primary School, £4,598,000 for the new Lossiemouth High School and £657,000 for early learning and childcare expansion, mainly at Lady Cathcart centre in Buckie. The early learning and childcare expansion projects are funded by capital grant received from the Scottish Government. Works on the refurbishment of the 4 primary schools at Applegrove, Millbank, St Gerardines and Seafield is complete and shows an underspend of £250,000 due to final actual costs being lower than earlier estimates.

4.3 Expenditure on infrastructure assets to 31 December totals £4,976,000. The major items of expenditure are £1,748,000 on carriageway resurfacing/ reconstruction, £542,000 on timber traffic routes, £266,000 on bridges infrastructure, £235,000 on Elgin Transport Strategy, £382,000 on Buckie Harbour upgrades and £1,264,000 for street lighting (including £689,000 on new LED lighting).

4.4 Expenditure on vehicles, plant and equipment to 31 December totals £2,143,000. The major items of expenditure are £866,000 on the vehicle replacement programme; £283,000 on the purchase of an electric bus, funded through G-PaTRA and the Green Bus Fund; £148,000 on car parking machines, and £661,000 on the ICT Core Programme. Page 38

5. PROJECTED OUTTURN

5.1 Budget managers have been requested to update projected estimates of expenditure on capital projects in 2018/19. Projects are graded for confidence of achieving projected expenditure with high confidence rated as green, medium confidence as amber and low confidence as red. A summary of the ratings is given in the table below.

Risk status RAG No. of Projected projects expenditure 2018/19 £000s High confidence of spend to estimate G 77 15,784 Medium confidence spend to estimate A 14 12,443 Low confidence of spend to estimate R 3 2,137 94 30,364

5.1.1 The following projects are rated as Amber:

Project Reason for rating Para £000s ref 4 Schools Refurb. Final costs to be agreed 5.3.3 (250) Lossie High School Timing of complex project 5.3.5 9,439 EarlyLearning/C’care Timing of various projects 5.3.7 900 Industrial Portfolio Timing of various projects 5.5.1 183 Moycroft Waste Fac. Timing of project 5.5.3 674 Recycling Facilities Timing of project n/a 91 Flood Allev.Schemes Timing of expenditure 5.7.5 380 Portknockie Landslip Timing of project 5.7.6 500 Buckie Harbour Imp. Funding confirmation 5.7.8 526

5.1.2 The following projects are rated as Red:

Project Reason for rating Para £000s ref Linkwood Primary Timing of complex project 5.3.4 1,200 Drainage Works Tender pricing & winter weather 5.7.2 460 Elgin Transport Timing of schemes 5.7.4 477 Stratgy

5.2 A summary of the projected variances at December 2018 from the current approved capital programme, as detailed in APPENDIX 1, is set out below:

Description Para ref Underspend (Overspend) £000 Land & Buildings

Schools Estate 5.3.1 35 Schools Fire Safety & Works from Audits 5.3.2 108 Schools for the Future – 4 schools refurbishment 5.3.3 250 Page 39

Description Para ref Underspend (Overspend) £000 Lossiemouth High School 5.3.5 1,136 Elgin High School 5.3.6 (32) Childcare Expansion 5.3.7 400 All Public Facilities 5.3.8 4 Complex Housing Needs Residential Facility 5.4.1 (37) Industrial Portfolio 5.5.1 137 Dallachy Landfill Site 5.5.2 230 Multi-storey car parks waterproofing 5.5.4 114 Depot Maintenance Upgrades 5.6.2 110

Infrastructure Drainage and Other Works 5.7.2 300 Arthurs Bridge and Cloddach Bridge 5.7.3 90 Remote Footbridges 5.7.3 28 Flood Risk Mgt 5.7.5 115 Lossie Seatown Flood Risk Mgt 5.7.5 134 Dallas Flood Alleviation Scheme 5.7.5 (24) Flood Alleviation Scheme 5.7.5 78 Portknockie Landslip 5.7.6 1,245 Buckie Harbour replace life expired items 5.7.7 251 Harbour replace life expired items 5.7.7 250 Harbour replace life expired items 5.7.7 16

Plant & Equipment Swimming Pool Equipment 5.8.1 36 Vehicle Replacement Programme 5.8.2 151 Electric Bus 5.8.2 7 Upgrade containers at recycling centres 5.8.3 6 ICT Core Programme 5.8.4 44 MIJB OT stores stock system 5.8.4 (32) CCTV Replacement 5.8.5 (35)

Total 5,115

5.3 Land and Buildings – Children & Young Peoples Services Committee

5.3.1 Schools Make Do and Mend Programme – A budget of £2,984,000 for Make Do and Mend projects is allocated across 5 schools in 2018/19: East End Primary, Cluny Primary, Forres Academy, New Elgin Primary and Andersons Primary, with minor expenditure for Keith Grammar, Speyside High and Primary relating to final costs for prior year projects. Preliminary costs of £14,000 for drainage upgrades are anticipated in this financial year for works planned to commence on site in 2019/20 or later. An net budget saving of £49,000 is anticipated across the 2018/19 Make Do and Mend projects.

5.3.2 School fire safety works – The anticipated expenditure for fire safety and works from fire audits is now lower than budgeted and is estimated to cost £249,000 from the budget of £352,000, which represents a budget saving of Page 40

£103,000. Therefore it is requested that committee approve a budget reduction in this financial year of £103,000.

5.3.3 Schools for the Future – 4 schools refurbishment – Works are complete at all 4 primary schools included within this project, namely Applegrove, Millbank, Seafield and St Gerardines. The total budget for this project is £21.36m. The final account has recently been agreed with the contractor for all schools except Millbank. Final costs were estimated at the end of the last financial year, however current projections indicate that actual final costs will be lower than earlier estimates, with an expected underspend in this financial year of £250,000. This will be part of a saving of £1.41 million over the whole life of the project, as summarised in APPENDIX 2.

5.3.4 New Linkwood Primary School in South Elgin – The project to construct a new primary school in South Elgin has an approved budget of £12.8 million, including budget of £1,200,000 in this financial year. A significant risk for this project is that delivery of the school is reliant upon progress of the wider Elgin South Development. The Section 75 (planning agreement) has been signed and has now been registered. Planning consent for Linkwood Primary School was granted on 26 June 2018 with one planning condition outstanding. Construction is anticipated to commence in February 2019 with a completion date of 19 June 2020. Currently, the projected spend in 2018/19 is £1,200,000 and is rated as red for confidence of achieving this amount due to the complex nature of this major project. Based on the current projections, it is requested that committee approve the reprofiling of the budget for this project as detailed in the following table.

2017/18 2018/19 2019/20 2020/21 Total Actual Forecast Forecast Forecast Forecast £000 £000 £000 £000 £000 Revised Profile 537 1,200 9,879 1,194 12,810

5.3.5 Lossiemouth High School – The project to construct a new secondary school in Lossiemouth has an approved budget of £42.3 million, to be funded by Government grant of £26.39 million with Moray Council funding the balance of £15.9 million. The early works commenced at the beginning of October 2018 and was an 8 week package. Due to these works being completed early, the Council agreed to bring forward some elements of the main works. The main contract was signed on 17 December 2018 at a final price of £41.819m. The project is still on target for completion by August 2020. Currently the projected spend in 2018/19 is £9,439,000 and is rated as amber for confidence of achieving this amount due to the complex nature of this major project. Based on the current projections, it is requested that committee approve the reprofiling of the budget for this project as detailed in the following table.

2017/18 2018/19 2019/20 2020/21 2021/22 Total Actual Forecast Forecast Forecast Forecast Forecast £000 £000 £000 £000 £000 £000 Revised Profile 1,039 9,439 20,266 10,288 1,268 42,300

Page 41

5.3.6 Elgin High School – Final costs of £32,000 have been incurred for the new Elgin High School. These costs relate to the completion of cycletrack provision and also to ICT network provision.

5.3.7 Childcare Expansion projects – Grant funding of £2,400,000 was received in August 2018 from the Scottish Government to support the expansion of entitlement of funded early learning and childcare to 1,140 hours from August 2020. When combined with prior year grant funding of £525,000, the 2018/19 budget allocation totals £2,925,000. The Scottish Government has confirmed that, although the grant funding is ring fenced, there is flexibility as to the financial year in which it may be used to fund the approved early years projects. £600,000 of this funding is now committed towards early years provision as part of the budget of £12.8 million for Linkwood Primary School. Currently it is anticipated that expenditure of £900,000 will be incurred in this financial year although this is rated as amber, as there are a number of separate projects within the budget heading. New provision at Lady Cathcart in Buckie has been completed, while layout proposals have been developed and planning applications made for new nurseries at Cullen and Pilmuir Primary Schools with a programmed start on site by the approved contractor in January 2019. It is requested that committee approve the deferment of budget of £400,000 from 2018/19 to 2019/20.

5.3.8 All Public Facilities – It is planned to expand the fitness room provision at Keith Sports & Community Centre by purchasing additional fitness equipment. The estimated cost of £16,000 will be funded by existing developer contributions of £12,000 with the balance of £4,000 funded from the public facilities budget. It is anticipated that there will be an increase in income of around £7,500 per year as a result of this change.

Overall, within this budget heading, a small underspend of £4,000 is anticipated.

5.4 Land and Buildings – Social Care services

5.4.1 Complex housing needs – The facility in , which is operational, has incurred expenditure to date of £27,000 in 2018/19. There is no budget for this expenditure, which has not been approved by Committee. There are anticipated final costs for this project of £10,000 which results in total projected expenditure in 2018/19 of £37,000. This represents an overspend of £34,000 from the approved budget of £2,558,000, as detailed in APPENDIX 2.

5. 5 Land & Buildings – Economic Development & Infrastructure Services

5.5.1 Industrial Estates – Industrial Estates projects include the purchase of land, provision of serviced sites, new units and refurbishment of existing units and estate roads. The acquisition of land in Forres and initial development work budgeted at £1,110,000 is now budgeted for 2019/20, with only design work scheduled for 2018/19, estimated to cost in the region of £30,000. This represents an underspend of £70,000 in this financial year. It is requested that committee approve budget deferral of £70,000 from 2018/19 to 2019/20. Works to complete serviced sites at March Road Buckie, budgeted at £150,000, are expected to cost £101,000, which represents a budget saving Page 42

of £49,000. It is requested that committee approve a budget reduction of £49,000. The budget of £150,000 for refurbishment of units at various locations in Moray is rated as amber for confidence of achieving this spend due to the uncertainty of the exact timing of the works. The latest projected expenditure for 2018/19 is £129,000, representing an underspend of £21,000. It is requested that committee approve a budget deferral of £21,000 from 2018/19 to 2019/20.

5.5.2 Dallachy Landfill Site – This project at Dallachy Landfill Site to construct and cap landfill cells and reinstatement is projected to spend £148,000 from the budget of £378,000. Due to inclement weather, it is likely that expenditure of £230,000 on capping will be delayed until 2019/20. Therefore it is requested that committee approve budget deferral of £230,000 from 2018/19 to 2019/20.

5.5.3 Integrated Waste Facility Moycroft– This project is to redevelop and consolidate waste facilities at Moycroft in Elgin and has an approved budget of £3,532,000 over a number of years. Following the tender process it is now expected that the project will show a budget saving of £500,000. Works on- site have now started with anticipated expenditure of £674,000 in this financial year, although the project is rated as amber to reflect uncertainty about the exact timing of expenditure over the life of the project.

5.5.4 Car Parks Waterproofing – Works to replace waterproofing and expansion joints at multi storey car parks in Elgin have now been postponed from 2018/19 to 2019/20 as these works cannot be carried out in winter weather. Therefore it is requested that committee approve budget deferral of £114,000 from 2018/19 to 2019/20 to reflect the updated works schedule.

5.6 Land & Buildings – Policy & Resources Committee

5.6.1 Legionella and Fire Risk Assessment – Assessments have taken place, and works resulting from these assessments are planned to be on budget.

5.6.2 Depot Upgrades – Works on Depot Maintenance projects arising from condition surveys, which includes works at Ashgrove Depot Elgin, Richmond Depot and Waterford Road Forres Depot have been partly deferred to assist with the financial position of the Council. Expenditure of £66,000 is anticipated in this financial year from the budget of £176,000, relating mainly to the re-roofing and reconfiguration of Ashgrove portacabins and also preliminary fees for the works at other depots. Full refurbishment of the Ashgrove portacabins is not now viable due to the confirmation of asbestos in the cladding, resulting in a budget saving of £110,000. It is requested that committee approve a budget reduction of £110,000.

5.6.3 Energy Efficiency projects – This budget is planned to be fully utilised in 2018/19. Projects identified are installation of urinal controls throughout the school estate and the installation of utility sub-meters at 5 locations which are predicted to generate recurring savings of £18,000 per year.

5.7 Infrastructure

5.7.1 The majority of infrastructure projects are estimated to be on time and on budget during 2018/19.

Page 43

5.7.2 Drainage & Other Works – This budget includes an allocation of £300,000 for landslip remedial works at South Lodge on the A940. These works have now been deferred to 2019/20, therefore it is requested that committee approve budget deferral of £300,000 from 2018/19 to 2019/20. Planned works within this budget heading can also be affected by winter weather, therefore this budget is rated as red in terms of achieving the projected expenditure of £460,000.

5.7.3 Bridges – strengthening and replacement – The project to install traffic lights at Arthurs Bridge has been delayed due to electricity supply issues with projected expenditure in 2018/19 of only £34,000 from the budget allocation of £114,000. Therefore it is requested that committee approve budget deferral of £80,000 from 2018/19 to 2019/20. The project at Cloddach Bridge budgeted at £10,000 is now projected to spend nil, but with the bridge weight limits continuing to be monitored. It is requested that committee approve a budget reduction of £10,000. The remote footbridges budget of £55,000 is now anticipated to spend £27,000 in this financial year with work on Findochty Bridge delayed into the next financial year. Therefore it is requested that committee approve budget deferral of £28,000 from 2018/19 to 2019/20 to allow for the works at Findochty Bridge.

5.7.4 Elgin Transport Strategy – The Elgin Transport Strategy report was approved by Council on 9 August 2017. Expenditure of £235,000 has been incurred to date. £97,000 relates to refreshing the traffic model data for Elgin (Moray Council on 14 February 2018 paragraph 9 of the Minute refers). £138,000 relates to works carried out at South Street/Hay Street Junction part-funded by the use of developer contributions of £16,000, with the balance funded by the Council. The timings of schemes are uncertain because of scheme interdependencies and scheme funding, therefore this project is marked as red for certainty of achieving projected spend.

5.7.5 Flood Alleviation Schemes – The initial study works for the Flood Risk Management project for Portgordon is complete with a drainage-only solution that will reduce the frequency of flooding at Portgordon. Full details of this proposal will be reported to a future meeting of Economic Development and Infrastructure Committee. The project is estimated to incur expenditure of £40,000 in 2018/19 and is rated as amber for confidence of achieving this projected figure. It is requested that committee approve budget deferment of £115,000 from 2018/19 to 2019/20.

The initial study works for the Flood Risk Management project at Lossiemouth Seatown is complete and the findings support a flood protection scheme for this area. Full details of the proposals for this area will be reported to a future meeting of Economic Development and Infrastructure Services Committee. The project is anticipated to spend £90,000 and is rate as amber for confidence of achieving this projected figure. It is requested that committee approve budget deferment of £134,000 from 2018/19 to 2019/20.

Final costs for Dallas flood alleviation scheme of £24,000 have been incurred, When added to the overspend of £39,000 reported to this committee on 28 June 2018, this results in a total overspend of £63,000 from the original budget of £300,000. The overspend is due to additional material processing required on site because of the quantity of large stones found during embankment works and land compensation costs higher than anticipated. Page 44

Newmill Flood Alleviation Scheme is projected to spend nil, giving a budget saving of £78,000, with any compensation claims now time barred. It is requested that committee agree to a budget reduction of £78,000. Potential land compensation payments remain as the principal outstanding issue for the flood alleviation schemes in Elgin, and Forres (River & Pilmuir). Approved capital budget is held in current and future years for potential payments and the total projected expenditure for each scheme remains within the original budget allocations.

5.7.6 Portknockie Landslip – The contract for this work will be awarded before the end of January with the total cost of the project estimated at £1,500,000. This represents a budget saving of £245,000 from the approved budget of £1,745,000. Expenditure of £500,000 is anticipated in this financial year with expenditure of £1,000,000 anticipated in 2019/20. Therefore it is requested that committee approve a budget reduction of £245,000 in this financial year and also approve budget deferment of £1,000,000 from 2018/19 to 2019/20.

5.7.7 Harbours – Life expired items and upgrades – There is a rolling programme of works to replace life expired items and upgrade facilities at harbours in Moray. Current works at Buckie Harbour have been suspended until the Spring to reduce the risk of weather related damage and delays. Expenditure of £450,000 is anticipated in this financial year from the budget allocation of £701,000. There is potential for costs to rise due to the nature of work and environment. It is requested that committee approve budget deferment of £251,000 from 2018/19 to 2019/20.

Works at Burghead Harbour have been postponed until 2019/20 due to staff shortages and other priority projects. Expenditure of £8,000 has been incurred in 2018/19 from the approved budget of £258,000. It is requested that committee approve a budget deferment of £250,000 from 2018/19 to 2019/20.

On 27 October a number of the harbours in Moray sustained storm damage due to wave action. Due to the conditions in a marine environment, damage to structures can increase in severity very quickly, increasing the scope of work and associated cost required to repair them. To reduce the risk of escalating repair costs work is being undertaken to repair this damage as early as possible. Committee approval (Policy and Resources 27 November 2018 refers) was given to fund this expenditure from within existing budget alloacations for harbours. Part of the budget of £61,000 originally allocated to Findochty Harbour is being used to fund the works which are currently anticipated to cost £45,000.

5.7.8 Buckie Harbour Improvements – The project to provide ice plant facilities and fuel tank facilities at Buckie is rated as amber, with spend being dependent on the successful application for external funding, which is currently in progress. At this stage it is unknown when any award will be confirmed and if there is potential for the deadline to be extended beyond March 2019.

Page 45

5.8 Vehicles, Plant & Equipment

5.8.1 Swimming pool equipment – expenditure on replacement equipment, budgeted at £50,000, has been halted for the rest of this financial year as a result of the current financial position of the Council, with the projected expenditure now anticipated at £14,000. It is requested that committee approve a budget reduction in this financial year of £36,000.

5.8.2 Vehicle & Plant Replacement Programme - Due to the timing of orders from departments across the Council, it is possible to reduce the expenditure in this financial year to £1,788,000, which represents an underspend of £151,000 from the current budget of £1,939,000. Therefore it is requested that committee approve the deferment of budget of £151,000 from 2018/19 to 2019/20. The purchase of the electric bus incurred expenditure of £283,000, resulting in a small budget underspend of £7,000. It is expected that the Council will receive grant funding from the Hi-Trans Green Bus Fund for the full cost of the vehicle.

5.8.3 Upgrade of containers at recycling centres – A small underspend of £6,000 is anticipated under this budget heading. It is requested that committee approve a budget reduction of £6,000 in this financial year.

5.8.4 ICT Programme – ICT projects, budgeted at a total of £1,210,000, are projected to spend £1,166,000. Currently, the Digital Public Services budget is projected to spend £71,000 from the budget allocation of £86,000. It is requested that committee approve a budget reduction of £15,000 in this financial year. The Schools ICT strategy is anticipated to spend £260,000, this represents a saving of £29,000 due to a reduction in the number of interactive teaching boards required. It is requested that committee approve a budget reduction of £29,000 in this financial year.

There is unbudgeted expenditure of £32,000 for final implementation costs of the Moray Integration Joint Board Occupational Therapy stock system.

5.8.5 CCTV System – This project shows an overspend in 2018/19 of £35,000, giving total expenditure over a number of years of £91,000. The total budget for this project, across several years, was £60,000, resulting in a final overall overspend of £31,000, due to a requirement for the purchase of additional equipment to operate the entire system wirelessly across all CCTV locations in Moray. This was a spend-to-save project and annual revenue budget savings of £30,000 are now being achieved.

5.9.1 Proposed budget deferments to 2019/20 – This report includes details of projects which have slipped or been deferred and therefore it is proposed to defer budget from 2018/19 to 2019/20 to reflect this fact.

A summary of the proposed budget deferments from 2018/19 to 2019/20 is listed below:

Para ref £000s New Lossiemouth High School 5.3.5 1,136 Early Learning & Childcare Expansion 5.3.7 400 Industrial Estates Portfolio 5.5.1 91 Dallachy Landfill Site 5.5.2 230 Page 46

Para ref £000s Car Parks Waterproofing 5.5.4 114 Drainage & Other Works 5.7.2 300 Bridges 5.7.3 108 Flood Alleviation Schemes 5.7.5 249 Portknockie Landslip 5.7.6 1,000 Harbours 5.7.7 501 Vehicle Replacement Programme 5.8.2 151

Total 4,280

5.9.2 Proposed budget savings in 2018/19 – This report includes details of projects where budget savings have been identified. A summary of the proposed budget savings in 2018/19 is listed below:

Para ref £000s Schools Fire Safety 5.3.2 103 Industrial Estates Portfolio 5.5.1 49 Depot Upgrades 5.6.2 110 Bridges 5.7.3 10 Flood Alleviation Schemes 5.7.5 78 Portknockie Landslip 5.7.6 245 Pool Equipment 5.8.1 36 Recycling Containers 5.8.3 6 ICT Core Programme 5.8.4 44

Total 681

6. RISK AND EMERGING ISSUES

6.1 Budget managers have been requested to identify any specific areas of risk for the projects in the Capital Plan for which they are responsible.

6.2 The main risk for the vehicle replacement programme is manufacturers failing to deliver to agreed timescales. This can impact on revenue by increasing repairs costs for vehicles due to be replaced.

6.3 Land compensation claims remain a risk for the major flood alleviation scheme at Forres.

6.4 Projects such as the new build Linkwood Primary School can be subject to risks which are outwith the direct control of the Council.

6.5 Poor weather conditions can impact project timescales, as identified for Roads Drainage works and harbours renovation works. Unplanned costs can be occasioned by bad weather events. The overall risk of expenditure to the

Page 47

council has been minimised by planned prompt response in the case of recent weather damage at the harbours.

6.6 Lack of staff resources and staff turnover can impact on project timescales.

6.7 Other emerging work priorities can impact on scheduled works.

6.8 There is a potential risk to grant funding of the new Lossiemouth High School should the project not complete on time.

6.9 Some projects have been deferred in response to the council’s financial situation. There is a risk that contract inflation might increase the eventual cost of these projects and a risk that any deferment of projects relating to asset condition might result in element failure.

6.10 No other project risks have been specifically identified by budget managers.

7. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Effective budget management is an essential component of delivery of Council priorities on a sustainable basis.

The capital plan is one of the vehicles through which the council’s priorities can be delivered. The approved capital plan for 2018/19 and the outline ten year plan incorporates measures designed to address the Moray 2026 priorities of achievement and attainment by children and young people, adults leading safer lives and sustainable economic development.

(b) Policy and Legal There are no policy or legal implications arising directly from this report.

(c) Financial Implications The financial implications are highlighted within the report and Appendices 1 and 2 to the report.

(d) Risk Implications Budget managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from committee in line with the financial regulations. Risks specific to items within the capital plan are highlighted in paragraph 6 of the report.

(e) Staffing Implications There are no staffing implications arising directly from this report.

(f) Property Implications There are no property implications arising directly from this report.

(g) Equalities/Socio Economic Impact There are no equalities issues arising from this report.

Page 48

(h) Consultations All capital budget managers have been consulted in the development of estimated actuals as part of the preparation of this report. All Heads of Service and CMT have been consulted and any comments incorporated in the report.

8. CONCLUSION

8.1 Capital expenditure amounts to £16,076,000 to the end of December 2018.

8.2 Capital expenditure is currently projected to be £5,115,000 lower than the approved capital plan for 2018/19 of £35,479,000.

Author of Report: Douglas McLaren, Accountant Ref:

Page 49

Page 50 Item 7

THE MORAY COUNCIL CAPITAL PROGRAMME 2018/19 AS AT 31 DECEMBER 2018

Summary Capital Programme Projected Expenditure

Current Total Budget Actual Projected 2018-19 Expenditure Q1 Q2 Q3 Q4 Expenditure £000 £000 £000 £000 £000 £000 £000 Land and Buildings Children and Young People's Services Committee 17,580 8,643 843 2,578 5,258 7,000 15,679 Health and Social Care Committee 0 27 27 0 0 10 37 Economic Development and Infrastructure Committee 2,234 256 47 304 136 1,266 1,753 Policy and Resources Committee 301 31 4 15 59 113 191 Infrastructure Economic Development and Infrastructure Committee 11,071 4,976 1,721 2,062 2,057 2,748 8,588 Vehicles, Plant and Equipment Children and Young People's Services Committee 550 22 5 4 23 482 514 Economic Development and Infrastructure Committee 2,518 1,380 420 856 387 691 2,354 Policy and Resources Committee 1,225 741 387 338 208 315 1,248 35,479 16,076 3,454 6,157 8,128 12,625 30,364

FUNDING Prudential Borrowing 5,558 -3,234 1,825 General Capital Grant (exc PSHG and CYPA) 10,400 7,810 10,400 General Capital Grant - Children and Young Persons Act 2,400 2,400 2,400 Specific Capital Grants - Elgin Transport Strategy 60% 0 0 0 Specific Capital Grants - CWSS, EMFF 526 0 526 STTS grant funding 470 196 420 Developer Contributions - (incl Elgin Transport Strategy 40%) 805 472 472 G-PaTRA / Green Bus Fund 290 0 290 Capital grant funding for new Lossie High School SFT 14,031 8,018 14,031 Other Capital receipts to be generated in year 1,000 414 0 35,479 16,076 0 0 0 0 30,364

Page 51 THE MORAY COUNCIL CAPITAL PROGRAMME 2018/19 AS AT 31 DECEMBER 2018 Capital Plan 2018-19 Actual £000 £000 Sale of assets 1,000 Receipts received 414

Total sale receipts received 1,000 414

Other grants / receipts

Grants General Capital Grant (exc PSHG and CYPA) 10,400 7,810 General Capital Grant - Children and Young Persons Act 2,400 2,400 General Capital Grant new Lossie High School 14,031 8,018 Specific Capital Grants CWSS 131 0 Specific Capital Grants Elgin Transport Strategy 0 0 Green Bus Fund 290 0 Harbour Infrastructure Upgrades EMFF grant 395 STTS grant funding 420 196

Developer Contributions Developer Contribution - Elgin Transport Strategy 357 16 Elgin Car Parking 148 148 Linkwood Primary School 300 308

Buckie High Area 50 Elgin Academy Area 2 Elgin High Area 91 Forres Academy Area 103 Keith Grammar Area 4 Lossiemouth High Area 3 Milnes High Area 2 Speyside High Area 10 Developer Contribution Repaid -299

Total other grants / receipts 28,872 18,862

Total receipts 29,872 19,276

Page 52 THE MORAY COUNCIL CAPITAL PROGRAMME 2018/19 AS AT 31 DECEMBER 2018

Projected Expenditure Current Actual Q1 Q2 Q3 Q4 Total Budget Expend Projected 2018-19 Expend Land and Buildings £000 £000 £000 £000 £000 £000 £000 R/A/G

Children and Young People's Services Committee

Schools Estate East End Primary M&E Works 619115B 315 235 12 200 9 71 292 G Cluny Primary M&E Works 619086B 668 597 15 536 46 81 678 G Forres Academy M&E Works 619429B 676 565 15 550 27 81 673 G New Elgin Primary M&E Works, Building Works 619274 922 809 11 450 399 28 888 G Keith Grammar Building Works 619481 0 5 4 1 0 0 5 G Andersons Primary M&E Works 619025 384 334 23 300 34 0 357 G Speyside High School Building Fabric Works 619382 14 1 1 0 23 13 37 G Hopeman PS 619151 Roof & Stonework 5 5 0 0 0 5 G Drainage Upgrades Millbank, Applegrove, Seafield, St Gers, 0 14 14 G East End, Forres Ac

Other Schools Legionella works 35 7 4 10 10 11 35 G Fire safety 130 79 6 23 36 14 79 G School fire audits 222 153 1 119 50 0 170 G Linkwood Primary School at East End Primary bus drop-off 50 9 0 0 0 45 45 G point

Milnes High School 619430 Retractable Seating 0 0 Schools for the Future - 4 schools refurbishment 0 -250 0 -250 0 0 -250 A

Page 53 Milnes Primary School - replace hutted accommodation and 1,032 766 351 335 230 116 1,032 G pre-school provision New Primary School in South Elgin (Linkwood) incl pre school 1,200 42 0 0 42 1158 1,200 R provision New Lossiemouth High School and Pool 10,575 4,598 70 0 4220 5149 9,439 A Forres Academy replacement of hutted accommodation 37 0 0 0 37 37 G Elgin High School 32 0 0 32 0 32 G

Childcare expansion 1,300 657 325 300 100 175 900 A

All public facilites 15 4 0 4 0 7 11 G

Total Children and Young People's Services Committee 17,580 8,643 843 2,578 5,258 7,000 15,679

Moray Integrated Joint Board

Complex Housing Needs Residential Facility 0 27 27 0 0 10 37 G

Total Health and Social Care Committee 0 27 27 0 0 10 37

Economic Development and Infrastructure Committee

Industrial Portfolio Preliminary Investigations 0 0 0 0 0 0 G Land Acquisition - Forres 100 0 0 0 30 30 A Serviced Sites - Chanonry Road, Elgin 24 0 0 0 24 24 A Serviced Sites - March Road, Buckie 150 49 33 16 0 52 101 G Serviced Sites - Speyside 0 0 0 0 0 0 G Refurbishment Industrial Units 150 86 14 0 82 33 129 A Refurbishment Estate Roads 28 0 0 27 4 31 G

Waste Management New landfill cells, capping & reinstatement 378 37 0 20 17 111 148 G

Page 54 Integrated Waste Facility Moycroft 674 45 0 18 10 646 674 A NESS Energy 514 39 0 250 0 264 514 G Upgrade Recycling Centre facilities 91 0 0 0 91 91 A Materials Recovery Facility Upgrade 0 0 0 0 0 0 G

Grounds Maintenance / Public Areas Replacement burial grounds - ground investigation Elgin Site 11 0 0 0 11 11 G

Replace waterproofing and expansion joints at multi-storey 114 0 0 0 0 0 G car parks

Total Economic Development and Infrastructure Committee 2,234 256 47 304 136 1,266 1,753

Policy and Resources Committee

Offices, Depots etc Upgrades arising from Legionella and Fire Risk Assessments 40 20 0 10 20 10 40 G

Depot maintenance from condition surveys 176 3 0 1 0 65 66 G Energy efficiency projects 85 8 4 4 39 38 85 G

Total Policy and Resources Committee 301 31 4 15 59 113 191

Total Land and Buildings 20,115 8,957 894 2,897 5,453 8,379 17,623

Page 55 THE MORAY COUNCIL CAPITAL PROGRAMME 2018/19 AS AT 31 DECEMBER 2018

Projected Expenditure Current Total Budget Actual Projected 2018-19 Expenditure Q1 Q2 Q3 Q4 Expenditure Infrastructure £000 £000 £000 £000 £000 £000 £000 R/A/G

Economic Development and Infrastructure Committee

Road safety Road safety provision 90 0 0 40 50 90 G Disability adaptations 70 58 14 20 28 8 70 G Road safety barrier provision 158 0 0 0 158 158 G New road signs and markings 30 28 2 5 10 13 30 G CWSS 131 9 4 0 20 107 131 G

Roads Improvements Carriageway resurfacing / reconstruction / surface dressing 2,042 1,748 747 600 595 100 2,042 G Footways 300 78 15 95 95 95 300 G Drainage and other works 760 229 39 50 271 100 460 R Timber Traffic structural works 670 542 17 347 197 109 670 G

Bridges - strengthening and replacement U97H Tomliath Bridge 10 0 0 5 5 10 G B9136 Glenlivet Bridge 5 0 0 0 5 5 G A941 New Craigellachie Bridge 25 3 3 10 9 25 G A940 Glenernie Bridge 150 140 150 0 0 0 150 G B9007 Logie Bridge 150 126 150 0 0 0 150 G C2E Cloddach Bridge 10 0 0 0 0 0 G Arthurs Bridge 114 0 4 0 30 34 G

Remote footbridges 55 0 0 0 27 27 G

Elgin Transport Strategy 477 235 127 73 77 200 477 R

Street Lighting Replace SOX and SON street lights with LED Lights 1,034 689 270 270 247 247 1,034 G Replacement columns and lights 725 575 165 200 180 180 725 G

Flood Alleviation & Flood Risk Management Portgordon 155 14 0 15 25 0 40 A Lossiemouth Seatown 224Page 56 36 0 30 0 60 90 A Dallas 0 24 13 11 0 0 24 G Newmill 78 0 0 0 0 0 G Elgin FAS 100 12 0 11 0 89 100 A Forres (River Findhorn & Pilmuir) FAS 150 16 0 16 0 134 150 A

Harbours - replacement of life expired elements and upgrade Buckie 701 382 0 312 138 0 450 G Burghead 258 8 5 0 3 0 8 G Findochty 61 0 0 0 45 45 G

Portknockie Landslip 1,745 27 0 0 49 451 500 A

Harbour Economic Development Economic Development 67 0 0 67 0 67 G Buckie Harbour Infrastructure Improvements - Ice Plant & Fuel Tank 526 0 0 0 526 526 A

Total Economic Development and Infrastructure Committee 11,071 4,976 1,721 2,062 2,057 2,748 8,588

Page 57 THE MORAY COUNCIL CAPITAL PROGRAMME 2018/19 AS AT 31 DECEMBER 2018

Projected Expenditure Current Total Budget Actual Projected 2018-19 Expenditure Q1 Q2 Q3 Q4 Expenditure Vehicles Plant and Equipment £000 £000 £000 £000 £000 £000 £000 R/A/G

Children and Young People's Services Committee

Replacement of swimming pool equipment 50 14 5 4 3 2 14 G Moray Leisure Centre 500 8 0 0 20 480 500 G

Total Children and Young People's Services Committee 550 22 5 4 23 482 514

Economic Development and Infrastructure Committee

Vehicle & plant replacement programme 1,939 866 317 487 319 665 1,788 G G-PaTRA / Green Bus Fund - purchase of electric bus 290 283 0 283 0 0 283 G

Children's Play Areas (Parkland) 35 14 1 10 10 14 35 G Facilities Management Equipment 13 5 0 0 6 7 13 G Domestic & Trade Waste Bins 35 35 0 0 35 0 35 G Upgrade of containers at recycling centres 10 4 0 0 4 0 4 G

New Car Parking Machines 160 148 98 62 0 0 160 G Traffic Data Collection Equipment 11 10 4 4 3 0 11 G Traffic signal replacement Forres 5 0 0 0 5 5 G Pool Car Booking System 20 15 0 10 10 0 20 G

Total Economic Development and Infrastructure Committee 2,518 1,380 420 856 387 691 2,354

Policy and Resources Committee

ICT Core Programme Servers Infrastructure 285 98 62 88 63 72 285 G Unix server replacement deferred 50 0 0 0 50 50 G Network infrastructure 116 60 21 45 15 35 116 G Desktop and Mobile Devices 233 191 113 60 33 27 233 G Software 151 75 15 33 44 59 151 G Digital Public Services 86Page 58 37 16 24 7 24 71 G Schools ICT strategy 289 200 127 52 37 44 260 G

IJB OT stores stock system 0 32 17 15 0 0 32 G Corporate committee management information system 5 5 5 0 0 0 5 G Replacement of office furniture 10 8 2 2 2 4 10 G Replacement of CCTV system 0 35 9 19 7 0 35 G

Total Policy and Resources Committee 1,225 741 387 338 208 315 1,248

Total Vehicles Plant and Equipment 4,293 2,143 812 1,198 618 1,488 4,116

Page 59

Page 60 Item 7

Major Capital Projects spanning more than 1 financial year (as at 31 December 2018) APPENDIX 2

Description Approved Total Current Actual Remaining Project Projecte Estimated Projected Total Expenditure Budget spend Budget Life dFuture Final Variance Budget in previous 2018-19 2018-19 2018-19 Spend to Years Cost financial 31/12/18 Budget years Required £000 £000 £000 £000 £000 £000 £000 £000 £000 SFT - 4 schools refurbishment 21,360 20,200 0 -250 250 19,950 0 19,950 1,410 Milnes PS 61582 early 2,500 1,468 1,032 766 266 2,234 0 2,500 0 learning & childcare New Linkwood Primary School 12,810 537 1,200 42 1,158 579 11,073 12,810 0 New Lossiemouth High School 42,300 1,039 10,575 4,598 5,977 5,637 30,686 42,300 0 Complex Housing Needs 2,558 2,555 0 27 -27 2,582 0 2,592 -34 Residential Facility LED Street lighting 5,000 2,195 1,034 689 345 2,884 1,100 4,329 671 replacement programme Moycroft Integrated Waste 3,532 58 674 45 629 103 2,300 3,032 500 Facility

Total 68,700 7,852 14,515 6,167 8,348 14,019 45,159 67,563 1,137

Page 61

Page 62 Item 8

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: CHARGING FOR SERVICES

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 To ask the Committee to approve revised charges for council services, apart from those which have been agreed as budget savings or which will be considered as part of the budget savings to be discussed when the budget for 2019/20 is set.

1.2 This report is submitted to Committee in terms of Section III (B) (1) and (48) of the Council's Scheme of Administration relating to financial policy and the setting of charges.

2. RECOMMENDATION

2.1 It is recommended that the Committee approves the charges for Council services for 2019/20 set out in APPENDIX 1.

3. BACKGROUND

3.1 The current Charging for Services Policy was approved by this committee on 24 October 2017 (paragraph 6 of the minute refers). Under the policy, an annual revision of charges is required. In order to preserve the council’s financial position, charges within the control of this council are generally inflated annually. This committee on 2 October 2018 approved a default uplift for inflation of 3% for 2019/20 (paragraph 4 of the Minute refers).

3.2 An inflation increase cannot be applied to all charges. Some charges levied by the Council for services provided:

• are set by statute, some are limited by statute and some have the method of calculation prescribed by statute – these are indicated in Appendix 1 and are included for the sake of completeness.

Page 63

• are impractical to increase by inflation on a year-on-year basis, typically small charges and those collected by coin-in-the-slot machines where the cost of re-calibrating the machines outweighs any increased income which would be generated.

3.3 Where charges within the council’s control are not proposed to be increased by 3% the reasons are discussed on a section-by-section basis below.

3.4 A: Corporate Services / cross departmental services

3.4.1 Above inflation charges are proposed for the use of the marriage room and for surcharges for marriages on Saturdays and in approved venues (A12, A13). In the opinion of the Registrar service these increases will be acceptable. The most significant uplift proposed is for the surcharge for weddings outwith the Registrar’s office where an increase from £178 to £250 is proposed, to bring Moray’s charge in line with the charge levied by other local authorities. It is also proposed that a single surcharge is levied irrespective of the weekday of the ceremony and the type of location therefore A14 and A15 are proposed to be deleted.

3.4.2 Photocopying charges (A18) are proposed to be left with no inflation increase, due to the minimal impact of these charges.

3.5 B: Social Care Services

3.5.1 The committee on 2 October 2018 agreed to request Moray Integration Joint Board (MIJB) to recommend charges for the services which the council carries out for MIJB. MIJB at its meeting on 29 November 2018 agreed to recommend the charges set out in section B of APPENDIX 1, with the exception of Moray Training, which does not fall within the remit of MIJB. It is proposed that Moray Training charges are increased by 3% (B15).

3.6 C: Leisure Facilities

3.6.1 The level of charges for the council’s leisure facilities is the subject of a budget saving proposal. Council at its meeting on 12 December 2018 (paragraph of the Minute refers) agreed that a more commercial approach would be taken to the Council’s leisure services. This includes the level of charges levied and so no proposals are brought forward in this report.

3.7 D: Library and Information Services

3.7.1 The smaller charges (D1a – D1g) for library services are reviewed periodically and the last review was for 2017/18. Consequently, no increase is proposed for 2019/20, apart from a minor increase in the item price for the sale of withdrawn non-fiction publications, CDs and videos. All other charges are proposed to be increased by 3%.

Page 64

3.8 E: Education

3.8.1 Charges for instrumental instruction will be proposed as a budget saving and consequently no revised charges are recommended in this report.

3.8.2 Fees for sports coaching will be subsumed under the commercialisation approach.

3.8.3 As previously reported to this committee on 24 October 2017, the increase in the cost of school meals in 2017/18 resulted in a downturn in uptake. The uptake of school meals has not risen to its pre- August 2017 levels. The loss on income from reduction in uptake increases the subsidy per school meal borne by the council. It is not proposed to increase the charge for school meals in 2019/20.

3.9 F: Development Services

3.9.1 New legislation on water sampling for private water supplies were reported to this committee on 7 August 2018 (paragraph of the Minute refers). That report recommended that the new charges under the legislation were increased by 5% above inflation until full cost recovery is achieved. Accordingly an 8% increase above the charges approved in August are recommended.

3.9.2 It is proposed that the charge for export certificates (F1g) is again increased by 10% to bring them nearer to the national average charge.

3.9.3 The cost of producing Cooksafe books and Butchersafe book has been significantly reduced and it is proposed to pass this saving onto purchasers, reducing the cost per book from £14.50 to £5. It is planned to discontinue the supply of Butchersafe books once current stocks are used up.

3.9.4 It is proposed to increase the fee for a property history check (F4d) from £31.26 to £60 to cover costs.

3.9.5 Charges for pre-application planning advice (F4l – F4o) were introduced in November 2017. Following a year of implementation the have been reviewed and it is proposed that the fee for pre-application advice for major development proposals is increased from £1,250 to £1,500 and the development enquiry fee increased from £50 to £60 but that the fees for pre- application advice on local development proposals and single houses in the town and countryside are held at £500 and £150 respectively.

3.9.6 As part of the budget proposals it is proposed to increase fees for copy documents provided by Building Standards / Development Management. These are included (F5b) for completeness.

Page 65

3.10 G: Waste Management, Land and Parks

3.10.1 Trade waste charges are being reviewed by the service with accountancy support as part of a drive to make this service more commercial. It is proposed that current charges are pegged until the review is concluded. This service competes with the private sector and has been experiencing an erosion of its customer base which further increases in cost will exacerbate.

3.10.2 Burial charges form a budget saving proposal and so are not included in this report.

3.10.3 Charges for fairground and circus lets are proposed to be increased by 3%. When these charges were set for 218/19 members requested information on charges levied by other local authorities. It has proved difficult to track down this information but the following information has been provided through APSE:

Local Authority Fairground lets Circus lets 2018/19 2018/19 Argyll and Bute Flat rate of £333.60 per week plus charge of £6.90 per linear metres of frontage of stalls/ units for over 49 linear metres plus charge per linear metre for food vans / stalls and charge for commercial refuse / tidy up. Aberdeenshire Charges for stalls and £232 children’s ride on units based on square metre occupancy plus £7 per unit per night for caravans and bond of £1,056 per booking. Large unit (dodgems, waltzer etc) £28 per day Midlothian Small (<10 units) £65 Small (< 1,200 m2) £150 per day / £439 per week per day or £750 per plus £108.90 admin fee week plus £108.90 and £887.70 surety admin and £807 surety Medium (11-20 units) Medium (1,201 – 1,400 £125 per day or m2) £165 per day or £865.95 per week plus £1,100 per week plus £108.90 admin fee and £108.90 admin fee and £1,775.40 surety £1,614 surety Large (>20 units) £299 Large (> 1,400 m2) £275 per day or £2,101 per per day or £1,650 per week plus £108.90 week plus £108.90 admin fee and £2,500 admin fee and £3,229 surety surety

Page 66

Local Authority Fairground lets Circus lets 2018/19 2018/19 East Lothian Small (<10 stalls / units) £880 inc VAT for 5 days - £65 per day (minimum booking) – Medium (11 -21 stalls / small circus (, 10 units) £121 per day stands) Large (>21 stalls / units) £1,760 inc VAT for £313 per day medium circus £2,400 inc VAT for 5 days – large circus (> 20 stands) East Ayrshire Flat rate charge (not per £428 unit) £240 for small fair, £428 for large fair North Ayrshire £200 per night flat rate – £500 per night not per individual rides (larger amounts for events in association with festivals) Perth and Kinross £345 per day on site on North or South Inch (Perth); £142 on all other council areas. Scottish Borders Small (1 – 5 units) - £338 per operating day £112 per operating day Medium ( 6- 20 units) - £225 per operating day Large - £315 per operating day

3.11 H: Fleet, Roads and Transportation

3.11.1 Fleet charges are generally proposed to be increased by inflation but some charges for MOTs are already at the statutory maximum charges

3.11.2 Car parking charges were the subject of a review in 2017/18 and no amendments to charges are proposed for 2019/20.

3.12 I: Harbours

3.12.1 Both commercial and leisure charges are the subject of a budget saving proposal and so are not included in this report.

3.13 K: Housing and Property

3.13.1 It is proposed that the charge for sheltered housing wardens is not increased, in line with the intended proposal for council house rents in 2019/20.

Page 67

4. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))

The levying of charges for Council services is an essential component of delivering Council priorities on a sustainable basis.

(b) Policy and Legal

The current policy for charging for Council services was approved by this committee on 24 October 2017. There are no legal implications arising from this report. Some charges are set or limited by legislation.

(c) Financial implications

Levying charges for services forms an important part of the Council’s strategy for balancing its annual budget, by generating an amount of income from service users. The current budget for incomes from individual charges is included as a guide to the impact which these charges have on the council’s financial position.

(d) Risk Implications

There are no risk implications arising directly from this report. There is always a risk that service usage drops if charges are increased. Budget managers have been asked to take this into account when recommending charges.

(e) Staffing Implications

There are no staffing implications arising directly from this report. Increasing charges collected by direct debit entails additional workload for the Payments Section.

(f) Property

There are no property implications arising from this report.

(g) Equalities/Socio Economic Impact

There are no equalities implications arising directly from this report. As the report does not give a comprehensive overview of the charge proposed for 2019/20 it has not been possible to give a comprehensive assessment of the potential cumulative impact of all proposed increased charges on individuals with protected characteristics. Information on the prevalence of individuals charged for more than one social care service (B1 – B11) has not been supplied.

Page 68

(h) Consultations

All Heads of Service and the Equal Opportunities Officer have been consulted in the preparation of this report and comments incorporated..

5. CONCLUSION

5.1 Generally, charges within the control of the council and not the subject of specific budget proposals are recommended to be increased by an inflationary factor.

Author of Report: Lorraine Paisey, Head of Financial Services Background Papers: Ref: LP/LJC/

Page 69

Page 70 Item 8

APPENDIX 1 SECTION A: CORPORATE SERVICES / CROSS DEPARTMENTAL

CODE: S Set by Statute/Scottish Government M At legal maximum SD Statutory duty of full cost recovery

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 A1. Property Enquiry Certificates £930 £164 £169 April 2018 A3. Loan and title lending/copying From £38 From £39 increasing April 2018 (Estates and Legal Services) increasing depending on time depending on time taken taken A4. Recharge of Council’s legal costs £31,930 £54 - £122 per £55.60 - £126 per April 2018 in relation to discretionary hour hour property and leasing work

A5. Orders under Town and Country £54 - £122 per £55.60 - £126 per April 2018 Planning (Scotland) Act and other hour hour Roads/planning matters

A6. Licensing M

(i) Liquor Licensing: £120,924 Per approved table Per approved table June 2018 of charges of charges

(ii) Licences under the Civic £148,168 Government (Scotland) Act and other miscellaneous pieces of legislation

Page 71

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Animal Boarding Establishments £118 £122 April 2018 Animal Breeding £105 £108 April 2018 Cinema Licence £150 £155 April 2018 Copy Licence £20 £21 April 2018 Dangerous Animals £258 £266 April 2018 HMO (5 occupants or under) £1,632 £1,681 April 2018 HMO (10 occupants or under) £2,332 £2,402 April 2018 HMO (over 10 occupants) £3,032 £3,123 April 2018 HMO Change of Circumstance £236.25 £243 April 2018 Itinerant Metal Dealer’s Licence £619 £638 April 2018 Itinerant Metal Dealer’s £619 £638 April 2018 Exemption Warrant Knife Dealers Licence £655 £675 April 2018 Late Hours Catering Licence £863 £889 April 2018 Late Hours Catering Renewal £863 £889 April 2018 Licence Plates £20 non refundable £21 April 2018 Market Operator Licence £405 £417 April 2018 Market Operator Temporary £405 £417 April 2018 Licence Metal Dealer Licence £619 £638 April 2018 Metal Dealer’s Exemption £619 £638 April 2018 Warrant Performing Animals £100 £103 April 2018 Pet Shops £204 £210 April 2018 Public Charitable Collections No Fee No fee April 2018

Page 72

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Public Entertainment (under 200 £285 £294 April 2018 attendees)* Public Entertainment (between £357 £368 April 2018 200 and 299 attendees)* Public Entertainment (between £465 £479 April 2018 300 and 399 attendees)* Public Entertainment (between £609 £627 April 2018 400 and 499 attendees)* Public Entertainment (over 500 £1,258 £1,296 April 2018 attendees - commercial)* * Discounts apply for charitable events Public Processions No Fee No fee April 2018 Riding Establishments: £375 £386 April 2018 Second Hand Dealers Licence £132 £136 April 2018 Sex Shop Licence £1,157 £1,192 April 2018 Street Traders £357 £368 April 2018 Tattooing and Piercing £348 £358 April 2018 Taxi Booking Office £467 £481 April 2018 Taxi/Private Hire Driver Grant £220 £227 April 2018 Taxi/Private Hire - Driver £178.25 £184 April 2018 Renewal Taxi/Private Hire Vehicle £383 £394 April 2018 Variation of any Licence £25 £26 April 2018 Vehicle Substitution £320 £330 April 2018 Venison Dealer Licence £49 £50 April 2018 Window Cleaner Licence £141 £145 April 2018 Zoo Licence £300 £309 April 2018

Page 73

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 A7. Judicial expenses: Court S Varies annually on Varies annually on a proceedings including recovery of a national basis national basis and rent arrears and licensing matters and by work by work type/stage type/stage A8. Searches in Indexes of Statutory S £110,672 £25 n/a April 2018 Registers +P&P A9 Certificates: Full extract of birth, S As set n/a January 2011 death or marriage and +P&P abbreviated certificate A10. Note of Marriage or civil S As set As set April 2010 partnership A11. Marriage or civil partnership S As set As set April 2010 ceremony conducted by Registrar A12. Use of marriage room in Registry £5,250 April 2018 Office Over 10 guests £153 £165

5 – 10 guests £65 £70 To attract more bookings for smaller ceremonies which are currently lost.

Non-returnable deposit paid £60 £65 when making a booking for a ceremony. This fee would be deducted from the final charge. A13. Surcharge for Marriages in all Included in £178 £250 April 2018 venues outwith the Registry Registrar’s total Office (Mon-Sat) above (A8 –

Page 74

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 A13a Saturday surcharge for Marriages A11) £112 £120 April 2018 in Marriage Room A14. Surcharge for marriages in £158 Remove and apply a April 2018 approved venues (Monday to single charge A13 Friday) whether during the week or at weekends A15. Surcharge for marriages in Rural £200 Remove – never April 2018 Approved Venues at any time used

A16. Change of Civil Partnerships to S As set As set 16 / 12 / 15 Marriage

A17. Freedom of Information requests £nil 10% of the cost to 10% of the cost to October 2007 the Council for the Council for costs costs over £100 over £100 A18. Photocopying £nil A4 Black & white 10p 10p A3 Black & white 20p 20p A4 colour £1.00 £1.00 A3 colour £2.00 £2.00 Plus staff costs Up to £17.50 per Up to £18 per April 2018 person per hour person per hour A19. Re-use of public sector S £nil As set As set October 2007 information A20. Data Subject Access Request M £nil As set As set October 2007

Page 75

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 A21. Pupil Education Records M £nil Sliding scale from Sliding scale from £2 April 2010 £2 to a maximum to a maximum of of £50 £50 A22. Committee services documents £nil Available free on Available free on April 2017 internet, otherwise internet, otherwise £6.70 admin fee £7 admin fee plus plus 10p per side 10p per side of of photocopy photocopy A23. HR Training – Social Work £30 per person £30 per person Training Team – to deliver training to external organisations

Page 76

SECTION B: SOCIAL CARE – MIJB and Moray Training

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 B1. Moray Lifeline / Telecare £18.72 per quarter £19.28 per quarter April 2018 inc VAT inc VAT B4. Blue Badge M £20 per badge – £20 per badge – April 2012 badge valid for 3 badge valid for 3 years years B6. Meals at Day Care Centres (Older People) and Shared Lives: B6a. Meal £4.81 £4.95 per meal April 2018 B6b. Tea & Biscuits £0.70 per cup £0.72 per cup April 2018 B6c. Light meal (Shared £2.60 £2.68 April 2018 Lives Service only) B6d. Packed lunches £4.81 £4.95 April 2018 (Murray Street) B10. Stair lift maintenance £15.31 per quarter £15.77 per quarter April 2018 inc VAT inc VAT No VAT if registered disabled B10 a Wash / dry toilet maintenance £25.00 per quarter £25.75 per quarter April 2018 B11. Occupational Therapy Aids and None None October 2005 Equipment (per CoSLA (per CoSLA recommendation) recommendation) B12. Hire of Day Centre rooms £5.03 per hour £5.18 per hour April 2018 B13. Housing Support – weekly charge (Full cost recovery – means tested) Hanover Housing Association Very Sheltered Housing: Warden Service, Call Service, lunch and supper I Linn Coort, Linn Avenue, Buckie £38.93 - £102.20 £40.10 - £105.72 April 2018 J Cameron Court, Plasmon Hill, Forres £19.95 - £71.65 £20.55 - £73.80 April 2018 k Chandlers Court, Elgin £59.75 £61.54 April 2018 Castlehill Housing Association Sheltered Housing: Warden Service and Call Service l Bayview Court, Cullen £31.31 - £36.24 £32.25 - £37.33 April 2018 m Conval Court, £13.68 £14.09 April 2018

Page 77

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 n Tomnabat Court, £21.89 £22.55 April 2018 B14. Speyside Lunch Club £5.92 inc VAT £6.10 inc VAT April 2018 B15. Moray Training – Delivery of Training Accredited Qualifications & courses to care services, external companies & Moray Council B15a. SVQ – Social Services and April 2018 Health Care Registration and induction £26,000 £171 £176 L - 6 units £98 / unit £101 / unit L3 - 8 units £143 / unit £147 / unit L4 - 8 units £199 / unit £205 / unit

SVQ Business and Included in April 2018 Administration: above Registration and induction £143 £147 L2 – 8 units £91 / unit £94 / unit L3 – 8 units £113 / unit £116 / unit

B15b. People Handling Included in £454 per session £468 per session April 2018 Basic Manual Handling above £341 per session £351 per session Health and Safety Awareness £284 per session £293 per session

B15c. Accredited Emergency First Aid Included in Registration £8.50 Registration £8.75 April 2018 at Work (1 day course) above per candidate + per candidate + £45 per candidate £46.35 per for the course candidate for the course

Accredited First Aid 3 day Registration £17.00 Registration £17.50 April 2018 course per candidate + per candidate + £113 per candidate £116 per candidate for the course for the course

Page 78

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Accredited Emergency Registration £8.50 Registration £8.75 Paediatric First Aid (1 day per candidate + per candidate + course) £45 per candidate £46.35 per for the course candidate for the course

Accredited Paediatric First Aid Registration £16.25 Registration £16.75 (2 Day Course) per candidate + per candidate + £108 per candidate £111.25 per for the course candidate for the course

B15d. Training squad – work carried £34,000 £18.54 per hour + £19.10 per hour + April 2018 out £0.88 per mile £0.91 per mile travel travel expenses expenses

B16 Case review carried out on £91.93 £94.69 April 2018 behalf of another local authority

Page 79

SECTION C: LEISURE FACILITIES

PLEASE NOTE: The proposed charges are subject to budget proposals on 27 February 2019

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 C1 Fit Life Membership cards April 2018 C1a Individual – 12 months £252 Individual – monthly direct debit £21

C1b Family (1 adult) – 12 months £324 Family (1 adult) – monthly direct £27 debit

Family (2 adults) – 12 months £348 Family (2 adults) – monthly £29 direct debit

C1c 30 Day Membership £30 April 2017

C2 Swimming Pools All charges include VAT if applicable C2a. Swimming April 2018

Adult Swim / aqua aerobics / £5.00 activity class

Junior swim aged 5 – 17 / over £2.50 60s

Baby/toddler swim (under 4 Free years old)

Page 80

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Registered Disabled +one carer Free (Moray resident)

Registered Disabled +one carer (outwith Moray) £2.50

C2b. Swimming Lessons April 2018 Adult Lesson £6.00 Junior Lesson block (8 weeks) £40.00 Holiday Crash Course (5 x daily £25.00 lessons) Parent and Child Class (1 adult £5.00 & 1 child) Individual junior lesson (30 £15.00 minutes for 1 child) Additional needs child individual £10.00 lesson (30 minutes for 1 child) C2c. Pool Hire Per hour Per hour April 2018 General (Buckie, Forres, Keith) £110.00 General (Lossiemouth) £85.00 General (Speyside) £65.00

Pool Hire with inflatable (Buckie, £120.00 Forres, Keith) Pool Hire with inflatable £80.00 (Speyside)

Club Hire (Buckie, Forres, Keith) £42.00 Club Hire (Lossiemouth) £35.00 Club Hire (Speyside) £30.00 Club hires are exempt from VAT if a series booking

Page 81

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 C2d. Health Suite Use of health suite Use of health suite Sauna & Steam included in included in admission cost. admission cost C3 Indoor Facilities All charges are inclusive of VAT C3a. Fitness Rooms April 2018 User induction course (Free with . £22.00 Fit Life? Membership)

Fitness Room (1 hour) Adult £5.00 Junior, over 60’s, £3.50 Registered Disabled £3.50 Fitness Room (half hour) Adult half hour Junior, over 60’s, no longer Registered Disabled available

Activity Class £5.00

Page 82

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 C3b Speyside Sports & April 2018 Community Centre – indoor climbing wall

C3b1 Climbing Adult climb £5.00 Junior climb (up to 17 years) £2.50 Over 60s concession £2.50 Registered disabled + one carer Free (Moray resident) Registered disabled + one carer £2.50 (outwith Moray)

C3b2 Climbing lessons Adult lesson block (8 weeks) Costs according to Costs according to Junior lesson block (8 weeks) type and duration type and duration of of class class

C3b3 Climbing wall hire (per hour) Within normal opening hours £30.00 Outwith normal opening hours As above plus £21 per hour

Page 83

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 C4 Outdoor Sports All charges are inclusive of VAT at current rate

C4a. Multi Sports Area April 2017 Multi Sports Area for 5-a-side Now open-plan – Free access football (3 courts) per hour free access

Pavilions and Pitches April 2018 C4b. Football and School sports field with changing rooms Adult Teams per Game £50.00 Juvenile Teams (Under 16) £20.00 per Game

C4c. Pavilion and / or grassed areas for training (football and rugby) and School sports fields without changing rooms Adult groups – per session £36.00 Juvenile Groups – per £10.00 session Session times are for morning / afternoon / evening

C4d. Electricity (Power Card) – 2 hours £10.00

Page 84

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Synthetic Sports Pitches April 2018 C4e. Aberlour, Buckie, Full Size pitch Adult Teams per hour £55.00 Juvenile Teams per hour £30.00

Third size pitch Adult Teams per hour (1 x pitch) £18.50 Juvenile Teams per hour (1 x £10.00 pitch)

Floodlight Charge Full Pitch per hour £16.00 Third size Pitch per hour £5.50

C4f. Elgin and Keith Full Size pitch Adult Teams per hour £55.00 Juvenile Teams per hour £30.00 Half Size pitch Adult Teams per hour £30.00 Juvenile Teams per hour £15.00 Floodlight Charge – Elgin Full Size Pitch £16.00 Half Size Pitch £8.00 Floodlight Charge – Keith Per hour £8.00

C5. School facilities C5a. Meeting Room – per hour April 2018 Standard rate £12.00

Page 85

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Junior / over 60s / registered £6.20 charity Business rate £14.80

Staff recharge outwith normal £19.50 opening hours

C5b. Sports/Assembly Hall – per April 2018 hour .

Small hall Standard rate £18.50 Junior / over 60s / registered £9.30 charity Business rate £23.20

Large hall Standard rate £37.00 Junior / over 60s / registered £18.50 charity Business rate £46.35

Staff recharge outwith normal £19.50 opening hours

C9 Community Centres

C9a Admission Charges per hour Adult £3.40 April 2018 Junior aged 5-17 £1.75

Page 86

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Over 60s £1.75 Registered Disabled + one carer Free (Moray resident) Registered Disabled + 1 carer £1.75 (outwith Moray)

C9b Shower £1.50

Use of photocopier £0.10 (A4 black and white)

Page 87

SECTION D: LIBRARIES AND INFORMATION SERVICES

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 D1 Libraries and Information Services D1a Adult Fines per week £0.55 £0.55 April 2017 Maximum per item £9.50 £9.50 April 2017 People over 60 years No charge No charge

D1c Inter-Library Loan Cost of return Cost of return postage postage

D1d Reader’s Tickets – £2.20 £2.25 Replacement Computer Card

D1e Cassettes / CDs per item £0.65 inc VAT £0.65 inc VAT April 2017

DVDs per item £2.50 £2.50 April 2002

Arts Prints Free Free April 2008

D1f Sales of withdrawn items: April 2017 Non Fiction £1.15 £1.20 Adult/Junior Fiction £0.70 £0.70 Paperbacks £0.40 £0.40 Cassettes £0.70 No longer available CDs and Videos £1.15 £1.20

Page 88

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 D1g Photocopies: Per A4 copy b/w £0.10 £0.10 1996 Per A3 copy b/w £0.20 £0.20 1996

Per A4 copy colour £1.00 £1.00 April 2006 Per A3 copy colour £1.50 £1.50 1997 Microfilm/fiche per A4 sheet £0.80 £0.80 2016

Internet: Computer printouts £0.10 £0.10 April 2014 Computer printouts (colour) £0.35 £0.35 April 2011

Digital Scanning/Emailing - - £0.10 per sheet NEW CHARGE

Fax (per sheet): To send UK £1.00 £1.00 1997 To send overseas £1.50 £1.50 April 2004 To receive £0.50 £0.50 April 2006

D1h Heritage searches (per hour) £29.40 £30.00 April 2018

Page 89

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 D2 Elgin Library accommodation April 2018 per hour Meeting Room / Activities Room: Community Use £9.00 £9.30 Private Use £10.80 £11.10 Commercial use: Based in £20.00 £20.60 Moray

Gallery: Community Use £18.20 £18.75 Private Use £22.65 £23.30 Commercial use: Based in £56.65 £58.35 Moray

Small meeting room: Community Use £8.30 £8.55 Private Use £6.80 £7.00 Commercial use: Based in £17.00 £17.50 Moray All + VAT All + VAT

For large bookings (250+) the responsible officer, in consultation with the Director, has discretion to increase/decrease charges by up to 25%.

Page 90

SECTION E: EDUCATION

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 E1. INSTRUMENTAL INSTRUCTION Group Instruction £269.64 pa Subject to budget April 2017 Individual Instruction £398.16 pa proposals to be April 2017 Moray Music Centre £6.30 per week discussed 27 Feb April 2017 2019

E2. SPORTS COACHING April 2017 Sports coaching sessions £3.60 per hour If applicable,set under Active Start Session (45 £3.60 per session commercialisation mins) agenda.

E3. SCHOOL MEALS £680,771 August 2017 Primary School Meals £2.30 £2.30

(Secondary School meals are Cafeteria system – Cafeteria system – priced per item selected) £573,566 charge per item charge per item

E4 ADULT SITTING SQA Set by school Set by school Examination in school

Page 91

SECTION F: DEVELOPMENT SERVICES

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F1 Environmental Health F1a. Pest Control Services £33,310 Wasps and bees (visit fee) £76 + VAT £78.28 + VAT April 2017 Fleas (visit fee) £140 + VAT £144.20 + VAT April 2017 All other services (visit fee) £84 + VAT £86.52 + VAT April 2017 Bait treatment units, if required, Various, at full cost Various, at full cost – as listed below (to cover cost) will increase at next purchase date K-Othrine WC250 £6.19 + VAT (2.5g) £6.19 + VAT (2.5g) April 2017 Cimetrol Super £8.44 + VAT (25ml) £8.44 + VAT (25ml) April 2017 Maxforce £8.44 + VAT (each) £8.44 + VAT (each) April 2017 Pro Control Insect Killer £7.88 + VAT (per £7.88 + VAT (per April 2017 can) can) Wasp Nest Destroyer £10.69 + VAT (per £10.69 + VAT (per April 2017 can) can) Slug and Snail Repellant £6.75 + VAT (per £6.75 + VAT (per April 2017 can) can) Neosorexa Rat Gold Packs £9.56 + VAT (1kg) £9.56 + VAT (1kg) April 2017 Neosorexa Pasta Bait £10.69 + VAT(1kg) £10.69 + VAT(1kg) April 2017 Control Blox £7.88 + VAT (1kg) £7.88 + VAT (1kg) April 2017 Brombait £8.44 + VAT (3kg) £8.44 + VAT (3kg) April 2017 Brodifacoum £9.56 + VAT (1kg) £9.56 + VAT (1kg) April 2017 Coopex Mini Generators £5.06 + VAT (each) £5.06 + VAT (each) April 2017

Ficam £6.75 + VAT (0.5kg) £6.75 + VAT (0.5kg) April 2017 Neporex £22.50 + VAT (1kg) £22.50 + VAT (1kg) April 2017 F1b. Release of stray dog M £25 £25 April 2017

Page 92

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F1c. Water Sampling £23,110

Type B Risk assessment / M £50 (no VAT) £50 April 2017 review of risk assessment

Type B sampling including £128 + VAT per £132 + VAT per April 2018 preparatory work and admin sample sample charge includes cost of analysis

Regulation 2 Samples £186 (no VAT) £200.88 (no VAT) August 2018

Regulation 2 supplies Risk Assessment £100 £108 August 2018

F1d. Swimming pools per sample £42.00 + VAT £43.26 + VAT April 2018

F1e. Disposal of Unsound Food per April 2018 request: Commercial £85.00 + cost of £87.55 + cost of disposal disposal Domestic £65.00 + cost of £66.95 + cost of disposal disposal F1f. Burial of Indigent dead £90 + VAT £92.70 + VAT per April 2018 Investigation etc per hour hour

F1g. Export Certificates per certificate £24,163 £55 £58 April 2018

F1h Public Health duties (Hourly rate £90 + VAT £92.70+ VAT April 2018 per officer)(as F1f) per hour per hour

Page 93

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F1i Section 50 (Licensing) Food £340 £81.25 £83.69 April 2018 Hygiene Certificate Cooksafe Books (per book) £5,618 £14.50 + £3 p+p £5 + £3 p+p April 2018 Butchersafe Books (per book) £14.50 + £3 p+p £5 + £3 p+p April 2018

F2 Contaminated Land £271 F2a. Map Packages Service no longer April 2017 offered F2b Level 1 Land Use Report £150 + VAT £154.40 + VAT April 2018

F2c Level 2 Land Use Report £360+ VAT £370.80 + VAT April 2018

F2d Contamination Enquiry Report April 2018

Single Residential Property £87 + VAT £89.61 <1000m²

Report Single Residential £87 per hour £89.61 per hour property >1000 m² and all commercial requests

Page 94

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F3 Building Standards F3a. Building Warrant Fees set by S £743,450 As set As set May 2005 Scottish Government Letters of Comfort (LTC) £18,770

F3b Confirmation of completion £455 £469 April 2018 F3c Property Inspection of unauthorised works (for up to 2 £687 £708 April 2018 site visits) F3d LTC visit 3, and each £108 £111 April 2018 subsequent visit)

Building Standards Pre £77.25 £80 April 2018 application check

For major construction projects £124 per hour £128 per hour April 2018 requiring Building Standards input to the design process

F4 Development Management

F4a Planning Application Fees – set S £783,783 As set As set 2017 by Scottish Government

Recoverable expenditure:

F4b Neighbour Notification £62,000 £110.21 £113.51 April 2018

F4c Section 34 Advertising and £179.96 £185.36 April 2018 Other Advertising (e.g to establish owner of property)

Page 95

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20

F4d Property History Check £31.26 £60.00 April 2018

F4k High Hedges £413 £425.39 April 2018

F4l Pre-application advice on Major £1,250 £1,500 November 2017 Development proposals - New fee introduced on 1 Nov 2017 F4m Pre-application advice on all £500 £500 November 2017 local development proposals (except single houses in the town & countryside) - New fee introduced on 1 Nov 2017 F4n Pre-application advice on single £150 £150 November 2017 houses in the town & countryside - New fee introduced on 1 Nov 2017 F4o Development enquiry fee £50 £60 November 2017

Planning and Development F4e Moray Local Development Plan £70.29 + £2.75 p&p £70.29 + £2.75 April 2018 2015 (hard copy) p&p

F4g Supplementary Guidance (hard £10.80 + £2.75 p&p £10.80 + £2.75 April 2018 copy) p&p

Page 96

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F4h Charge for naming streets & £20,180 housing Plot 1 £100 £103 April 2018 Plots 2-9 £100 + £27 per £103 + £28 per April 2018 additional plots (min additional plots 2-9 £127/max £316) (min £131/max £327)

Plots 10-19 £100 + £20 per £327 + £21 per April 2018 additional plots (min additional plots 10- £336/max £516) 19 (min £348/max £537)

Plots 20–49 £100 + £14 per £537 + £15 per April 2018 additional plots (min additional plots 20- £530/max £936) 49 (min £552/max £987) Plots 50-99 £100 + £11 per £987 + £12 per April 2018 additional plots (min additional plots 50- £947/max £1486) 99 (min £999/max £1,587)

Plots 100 + £100 + £10 per £1,587 + £11 per April 2018 additional plots (min additional plots 100+ £1496) (min £1,598)

Page 97

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F5 Building Standards / Development Management F5a Section 50 (Licensing) £54.00 £56.00 April 2018 Certificate – in line with similar fees set by Scottish Government F5b Copy Documents – Planning £5,260 £16.50 £30.00 April 2018 Decisions Notice / Building Warrants & Certificate of Completion Search Retrieval Fee – No NEW £20.00 Reference Number given Cost of documents – A4 plans NEW £0.25 Cost of documents - A3 plans £0.15 £0.50 April 2018 Cost of documents - A2 plans £1.57 £10.00 April 2018 Cost of documents - A1 plans £2.02 £12.00 April 2018

Microfiche and Digitial Copies – NEW £10.00 any amount total cost

F6 Trading Standards £9,956 F6a Measuring Instruments for Liquid Fuels and Lubricants Per nozzle £87.07 £89.68 April 2018

Testing of Credit Card acceptor £114.47 £117.90 April 2018 (per unit regardless of number of nozzles)

F6b Weights Submitted for Test April 2018 Weights not exceeding 25kg £12.55 first £12.93 first £7.95 others £8.19 others

Page 98

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F6c Weighing Instruments Not exceeding 15kg £36.99 £38.10 April 2018

Not exceeding 100kg £57.22 £58.93 April 2018

Not exceeding 2 tonne £85.87 £88.45 April 2018

Exceeding 2 tonnes (where the £230.14 £237.04 April 2018 submitter provides labour and testing equipment) By quotation – full By quotation – full Exceeding 2 tonnes (where cost recovery cost recovery Trading Standards provides labour and testing equipment)

Cost recovery for hire of Weighbridge Testing Unit

F6d Road Tanker – Liquid Fuel Measuring Instrument Above 100 Litres

Wet Hose (2 testing liquids) £115.67 £119.14 April 2018

Wet Hose (3 testing liquids) £174.07 £179.29 April 2018

Page 99

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F6e Other Services

Certificate of Errors or £48.88 £50.35 April 2018 Calibration Certificate on test of weighing/measuring equipment

Hire of weights per day: Quantity not exceeding £13.74 £14.15 April 2018 205kg Quantity exceeding 205kg £33.96 £34.98 April 2018

F6f Hourly Rate & Minimum Call Out Charge for Services not listed above

Trading Standards Officer £71.54 £73.69 April 2018 Support Officer £40.56 £41.78 April 2018

F6g The Explosives Regulations S As specified in As specified April 2012 2014 current Health and Safety Fees Regulations

F6h The Petroleum S As specified in As specified April 2012 (Consolidation) Regulations current Health and 2014 Safety Fees

Regulations

Page 100

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 F6j Public Weighbridge £69.15 £71.22 April 2018 Operator Competence Test and Certificate

F7 Economic Development £2,100 Markets coming to Moray

All commercial operators using the Plainstones in Elgin £104.90 per visit £108.47 April 2018 1 visit is up to 3 days maximum.

Page 101

SECTION G: WASTE MANAGEMENT, LAND AND PARKS

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 G1 Waste collection and disposal All charge are net of VAT

G1a Sale of domestic plastic £9,750 £41.20 £42.22 April 2018 wheeled bins G1b Collection of bulky household £19,215 £19.85 £20.44 April 2018 refuse (non-white goods)

G1c Collection of white goods (all £19.85 £20.44 April 2018 sizes) G1d Disposal of Commercial SD Individually Individually April 2016 Fridges/Freezers assessed assessed

G1e. Residual Waste per bin per £942,266 April 2018 week 140 ltr bin £4.81 To be subject of a 240 ltr bin £8.22 further report – keep 360 ltr bin £12.38 as is meantime 660 ltr bin £21.68 1100 ltr bin £36.12 1280 ltr bin £42.01 Assessed per sack or equivalent £4.11

G1f. Recyclable Trade Waste per bin £246,747 As above April 2018 per week 140 ltr bin £1.92 240 ltr bin £3.27 360 ltr bin £4.93 660 ltr bin £8.52 1100 ltr bin £14.18

Page 102

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Assessed – Cardboard Based on packaging equivalent bin size

G1g. Recycling Centre: £220.04 As above April 2018

Pass for traders who do not use the trade waste service wishing to take recyclates direct to Council facilities

G1h. Disposal of commercial and £132,866 £75.32 As above April 2018 industrial waste (per tonne)

For difficult waste £91.82

G1i. Skip/Container hire - based on £8,657 Individually Individually recovery of costs i.e. assessed assessed location/frequency of service/disposal costs G1j. Disposal of green waste from £14,357 £28.88 £29.75 April 2018 landscape gardeners

G1k Charge for all bins/boxes for NEW CHARGE new properties (budget proposal)

PLEASE NOTE: The proposed charges for Burial Grounds are subject to budget proposals on 27 February 2019

G2 Burial Grounds All charges are net of VAT

G2a. Sale of Lair £151,500 £697 April 2018 Fee for transfer of lair £42

Page 103

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 G2b. Interment Charges £438,150 April 2018 Under 18 years of age Nil Over 18 years of age £861

G2c. Additional charge for interments April 2018 Saturday (over 18 years) £431

Sunday (over 18 years) £861

G2d. Purchase of Cremated Remains April 2018 Lair in Garden of Remembrance

Fee for interment of casket £204

Additional charge for Caskets: Saturday £102

Sunday £204

Scattering of Ashes on Grave £35

G2e. Fee for digging foundations for £20,657 £99 April 2018 headstone

G2f. Search Fee £nil £61 April 2018

G2g. Disinterments Individually N/A assessed

Page 104

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 G3 Fairground/Circus Lets £6,180 All charges are net of VAT

G3a. Stalls & Children’s ride-on units April 2018

• April-September (per day for £12.67 £13.05 first seven days) • October-March (per day for £5.97 £6.15 first seven days) Thereafter per day: April-September £5.97 £6.15 October-March £3.24 £3.34

G3b. Large ride-on units (dodgems, April 2018 waltzer, big wheel etc)

• April-September (per day for £44.29 £45.62 first seven days) • October-March (per day for £17.92 £18.46 first seven days) Thereafter per day: April-September £17.92 £18.46 October-March £9.01 £9.28

G3c Small Circus £309 £319 April 2018

Large Circus £412 £425 April 2018

Lets for advance units and for approved non-operating days due to inclement weather will be charged at a third of the above prices.

Page 105

SECTION H: FLEET, ROADS AND TRANSPORTATION

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 H1 Fleet Services All charges are net of VAT H1a Taxis £23,552 April 2018 Taxi Test £56.00 £57.50 Taxi Re-Test £56.00 £57.50 Meter Calibration £15.50 £16.00

Duplicate Certificate £14.00 £14.50

H1b Prohibition Clearance £14.00 April 2018

H1c M.O.T Certificate Issue with Taxi M £18,299 £13.00 £13.50 April 2018 Test M.O.T Class 7 Vehicles M £58.60 £58.60 Maximum Authorised M.O.T Test Class 4 M £54.85 £54.85 As above

M.O.T Test for TMC Employees £49.50 £51.00

M.O.T Partial Re-Test M £27.00 £27.00 As above

H1d Duplicate MOT Certificate £13.00 £13.50 April 2018

April 2018 H1e Vehicle Rectification Certificate £2,967 £14.00 £14.50

H1f Car Evaluation £51.50 £53.50

H1g Minibus Drivers Assessment £58.50 £60.25

Page 106

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 H2 Roads All charges are net of VAT

H2a Consent for excavating in a April 2017 road by a private party:

Road opening permit – no £139 £143 apparatus – minor works Road opening permit – standard £249 £256 works Road opening permit + permit £653 £673 for installation of plant – major works (per unit of inspection)

Additional inspection fee for In line with SRWR In line with SRWR installation of plant. As defined charge charge in the Scottish Road Works Register (SRWR)

Penalty for overrun of road In line with SRWR In line with SRWR opening permit – minor works charge charge Standard Fixed Penalty Notice. As defined in the Road Works (Fixed Penalty) Regulations H2b. Road occupations £58,065 April 2017

Scaffolding Up to 7 days £72 £74 Up to 14 days £134 £138 Up to 21 days £199 £205 Up to 28 days £263 £271 Up to 35 days £336 £346 Up to 42 days £397 £409

Page 107

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Extension to existing permit: April 2017 Up to 7 days* £72 £74 Up to 14 days* £134 £138 Up to 21 days* £199 £205 Up to 28 days* £263 £271 Up to 35 days* £336 £346 Up to 42 days* £397 £409

*Penalty for over-run of permit As set by the As set by the Standard Fixed Penalty Notice Scottish Road Scottish Road (+ cost of permit) (As defined in Works Works the Road Works (fixed penalty) Commissioner Commissioner Regulations 2008

Mobile Scaffold Tower £50 £52

Crane/Cherry Picker permits up £123 £127 to a week

Temporary traffic signals up to 7 £105 £108 days

Page 108

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 April 2017 Builders Skips up to 7 days £50 £52 Building materials up to 7 days £50 £52

Additional fee for deposition of £32 £33 skip/builders material in Car Park per bay up to 7 days (free car parks / low turnover)

Additional fee for deposition of £50 £52 skip/builders material in Car Park per bay up to 7 days (in a medium/high turnover car park)

Licensed vehicle parked in road £50 £52 to service works/operations with pedestrian area between 11:00 and 16:00

Contractors vehicle parked in £50 £52 road to service works/operations within Commerce Street, Elgin

Page 109

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 H2c. Temporary Traffic Orders £72,815 April 2017

Up to and including five days* £276 £284 Traffic Order* £1,329 £1,369 Any extension to order* £1,128 £1,162

Community Events

Commercial (Admission £175 £193 Charges and Stallholder Fees)

Community Events (Mass £88 £91 Events / Free Access)

Seasonal Community Events £18 £19 (Parades/Street Parties)

Remembrance Day Services Free Free

* Penalty for over-run of permit As set by the As set by the Standard Fixed Penalty Notice Scottish Road Scottish Roads (+cost of permit) as defined in Works Works the Road Works (fixed penalty) Commissioner Commissioner Regulations 2008

H2d. Traffic Data & undertaking £1,260 April 2017 Temporary Traffic Surveys

Full survey data provided by £139 £153 post or email (Commercial) As above (Voluntary) £75 £83

Page 110

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Undertaking a temporary survey £399 £439 for maximum 7 days and providing full survey data (Commercial) As above (Voluntary) £200 £220

Collation and provision of £116 £128 collision data (up to 2 hours preparation)

Collation and provision of £58 £64 collision data (for each additional hour preparation or part thereof) H2e. Road Status Enquiry (outwith £840 April 2017 Formal Property Enquiry System) Application for information for £40.50 + VAT = £41.75 + VAT = road classification from the £48.60 £50.10 statutory list of public highways. Charge per application

H2f. Private Parties/ April 2017 Accident Damage 15% of value of 15% of value of Fee for engineer/inspector construction work construction work

H2g. Provision of signage on Individually Individually April 2017 request calculated to cover calculated to cover the cost of design, the cost of design, Tourist Signposting manufacture and manufacture and erection erection Local Destination Signs

Page 111

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 H3. CAR PARKING CHARGES Inclusive of VAT High Turnover Sites £256,271 May 2018 Moray Street, Ladyhill Road, St Giles levels 5 & 6, Cooper Park 8am-3pm first - 30 mins free (Cooper Park only) Period: Up to 30 mins £0.50 £0.50 Up to 1 hour £1.50 £1.50 Up to 2 hours £2.00 £2.00 Up to 3 hours £2.50 £2.50 Up to 4 hours £3.00 £3.00

Medium Turnover Sites £239,222 May 2018 Northfield Terrace, South Street, Hall Place, St Giles Levels 1-4, North Port, North College Street West Period: Up to 30 mins £0.50 £0.50 Up to 1 hour £1.50 £1.50 Up to 2 hours £2.00 £2.00 Up to 3 hours £2.50 £2.50 Up to 4 hours £3.00 £3.00 4+ hours £5.00 £5.00 Low Turnover Sites £180,787 October 2012 Lossie Green, Lossie Wynd, Batchen Lane all levels

All Day £1.00 £1.00 Weekly Ticket £5.00 £5.00

Page 112

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20

Elgin Railway Station (all day) £8,000 £2.00 £2.00 May 2018 Elgin Railway Station (weekly) £10.00 £10.00

Parking Notices £74,958 £80.00 £80.00 April 2018 Parking Notices (if paid witin 14 £60.00 £60.00 days)

Season Tickets includes VAT £13,422 High Turnover Site n/a no all day parking n/a no all day parking Medium Turnover Site £45.00 £45.00 October 2012 Elgin Railway Station £40.00 £40.00 May 2018 Low Turnover Site £20.00 £20.00 April 2012

Charges for opening Multi- £45.00 £45.00 April 2014 Storey Car Parks outwith opening hours

Electric Charge Point (per Visit) £3.80 £3.80 April 2014 - flat rate to ensure operation of unit remains cost neutral

H4. Roads Construction Consent £90,520 April 2016 (RCC) Inspection fee £64 per £1,000 of £64 per £1,000 of road bond value road bond value

Second or subsequent RCC £287 £287 application

Page 113

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 H5 Public Transport Unit

H5a Hire of vehicle (without driver) April 2017 Excluding charges made under fixed contract with annual RPI increases Daily charge £39.60 £40.80 Plus mileage charge: 0-130 miles (per mile) £0.95 £1.00 131 miles & over (per mile) £0.85 £0.90 H5b Hire of vehicle (with driver) Minimum daily charge £39.60 £40.80 0-130 miles (per mile) £0.95 £1.00 Plus rate per hour £15.90 £16.40 131 miles and over (per mile) £0.85 £0.90 Plus rate per hour £15.90 £16.40

Additional surcharge for £17.48 £18.00 weekend & public holidays H5c Duplicate school bus pass £10.00 £10.00 August 2018 H5d Community bus fares £17,515 Rounded to Rounded to multiple April 2017 multiple of 5p of 5p £1.00 - £12.85 £1.00 - £12.85

Page 114

SECTION I: HARBOURS

PLEASE NOTE: The proposed charges are subject to budget proposals on 27 February 2019 REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Commercial harbours £454,961 All charges are net of VAT unless Leisure harbours £81,384 indicated I1 Cargo Vessels I1a Cargo Vessel - entry and first £0.45 April 2018 week (per dead weight all told ton (where GT exceeds DWAT, payment will be based on GT)

I1b Cargo Vessel - after first week £0.30 April 2018 (per dead weight all told ton (where GT exceeds DWAT, payment will be based on GT)

I1c Self Propelled and towed barges £0.90 April 2018 per week (per m2 or part thereof)

I1c(i) Windcat 15 (per quarter (per £896.10 length, per capacity including garbage)(incl 40% discount))

Windcat 40 (per month (per £354.10 length, per capacity including garbage)(including 36% discount))

CTV (not Windcat) – based on £45.29 17m length (per day)

Page 115

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I1d Tugs and maintenance vehicles £4.70 April 2018 per m2 or part thereof l1e Vessels engaged in the £0.45 April 2018 provision of services and supply of materials for offshore activities vessel "per dead weight all told ton" l1f Compulsory garbage (on arrival £72.10 April 2018 per visit) l1g Storage of cargo equipment on £2.10 April 2018 piers and quaysides (per m² or part thereof) l1h Handling mooring ropes (per £25.75 April 2018 hour or part thereof per person)

Handling mooring ropes (per £25.75 hour or part thereof per person – outwith normal working hours)

I2 Fishing Vessels April 2018 I2a Composition Fee Vessels: Under 10m £35.45 10-17m £53.35 17-22m £79.20 22-26m £97.00 26-30m £113.15 Over 30m £184.25

Page 116

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I2b Single Entry Vessels: Under 10m £35.45 10-17m £53.35 17-22m £79.20 22-26m £97.00 26-30m £113.15 Over 30m £184.25

I2c Vessels Laid Up Vessels: Under 10m £35.45 10-17m £53.35 17-22m £79.20 22-26m £97.00 26.01-30m £113.15 Over 30m £184.25 l2d Over 30m the minimum fee shall £0.35 be as set out in the above table or the fee calculated as “per dead weight all told ton” at the rate above or to the right, whichever is the greater

I2e Surcharge after a continuous 50% on top of April 2006 period of 12 weeks charges above l2f Compulsory garbage charge (on £20.60 April 2018 arrival, per visit) This charge will be levied on only one occasion per vessel per week

Page 117

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 l2g Storage of Fishing equipment in £1.45 April 2018 net storage area (per m² per month or part thereof)

I2h Vessels less than or equal to Recreational dues April 2012 10m in length engaged in plus 2% of catch licensed creel fishing value

I3 Recreational Vessels I3a Pontoon Berth - Annual April 2018 berthing charges (inc VAT) Over 3 - 4m £296.64 Over 4 - 5m £370.80 Over 5 – 6m £444.96 Over 6 – 7m £519.12 Over 7 – 8m £593.28 Over 8 – 9m £667.44 Over 9 – 10m £741.60 Over 10 – 11m £815.76 Over 11 – 12m £888.92 Over 12 – 13m £964.08 Over 13 – 14m £1,038.24 Over 14 – 15m £1,112.40 Over 15 – 16m £1,186.56 Over 16 – 17m £1,260.72 Over 17 – 18m £1,334.88 Over 18 – 19m £1,409.04 Over 19 – 20m £1,483.20 Each metre thereafter £74.16

Page 118

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Wall/Loose Mooring - Annual April 2018 berthing charges (inc VAT) Over 3 - 4m £247.20 Over 4 - 5m £309.00 Over 5 – 6m £370.80 Over 6 – 7m £432.60 Over 7 – 8m £494.40 Over 8 – 9m £556.20 Over 9 – 10m £618.00 Over 10 – 11m £679.80 Over 11 – 12m £741.60 Over 12 – 13m £803.40 Over 13 – 14m £865.20 Over 14 – 15m £927.00 Over 15 – 16m £988.80 Over 16 – 17m £1,050.60 Over 17 – 18m £1,112.40 Over 18 – 19m £1,174.20 Over 19 – 20m £1,236.00 Each metre thereafter £61.80

Page 119

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 Hardstanding - Annual berthing April 2018 charges (inc VAT) Over 3 - 4m £197.76 Over 4 - 5m £247.20 Over 5 – 6m £296.64 Over 6 – 7m £346.08 Over 7 – 8m £395.52 Over 8 – 9m £444.96 Over 9 – 10m £494.40 Over 10 – 11m £543.84 Over 11 – 12m £593.28 Over 12 – 13m £642.72 Over 13 – 14m £692.16 Over 14 – 15m £741.60 Over 15 – 16m £791.04 Over 16 – 17m £840.48 Over 17 – 18m £889.92 Over 18 – 19m £939.36 Over 19 – 20m £988.80 Each metre thereafter £49.44

I3b Use of a licensed (recreational) Recreational dues April 2012 boat for commercial purposes plus 2% of landing dues

I3c Discounted rate for pensioners 75% of current (boats less than 7m in length) relevant charge (for current beneficiaries only)

Page 120

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I3d Surcharge for vessels which 100% April 2005 have not been out to sea for more than 1 year

I3e Rover Ticket - in line with £62.50 + VAT = April 2005 Aberdeenshire Council £75

I4 Harbour Dues

I4a For 24 hour period or part £17.05 April 2018 thereof

I4b Vessels carrying passengers for £0.95 April 2018 pleasure trips, including sea angling per passenger

I4c Cleaning of piers following cargo £208.40 April 2018 movement per hour

I4d Fast Rescue Craft per entry/ NEW departure

I4e Use of port to demonstrate or NEW test equipment/vessel per day I5 Wharfage I5a Minimum charge – all categories £1.65 April 2018 per tonne

I5b Basic materials, manufactured £1.15 April 2018 goods, fuels (other than petroleum spirit) per tonne

Page 121

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I5c Wet fish, including fish 2.5% April 2008 consigned to or from any Ad valorem harbour not owned by Moray Council

Wet fish “That part of landings of 1.5% April 2008 white fish and shellfish in excess Ad valorem of £7,500 in value” I5d Wood, Lumber, Cork, Chipboard £1.00 April 2018 and Blockboard per cubic metre

I5e Vehicles per vehicle £11.35 April 2018

I5e(i) Offshore Related Equipment per NEW item I5f Foods (other than wet fish) per £1.15 April 2018 tonne

I5g Fabricated Goods per tonne £7.25 April 2018

I5h “Loyalty” Reduction in Charges 20,000 tonnes – 22,000 tonnes Scale rate less 5% April 1997

22,000 tonnes – 25,000 tonnes Scale rate less 5% April 1997

Above 25,000 tonnes Scale rate less 5% April 1997

I5i Passengers Passengers embarking or disembarking (excluding £1.00 April 2018 passengers on pilot boat) per person

Page 122

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 l5j Dangerous Goods (any £77.25 April 2018 hazardous chemicals – explosives or inflammables) per tonne

I5k Heavy lifting for extraordinary specialised activities, eg transformers, wind turbine parts 50-99 tonnes – per tonne NEW 100-149 tonnes – per tonne NEW 150-249 tonnes – per tonne NEW Over 250 tonnes – per tonne NEW I6 Slipway and repair pads April 2018

I6a Any vessel using a slipway £18.05 April 2018 inclusive of one entry and one exit from the harbour per occasion

Season ticket for unlimited use £68.15 April 2018 of any Council slipway, valid for 12 months, commencing 1 April per vessel

16b Use of repair pads/blocks by £4.80 April 2018 any vessel in respect of which a composition fee has been paid per 24hrs or part thereof

Page 123

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I7 Weighbridges

Goods shipped or unshipped on £0.40 April 2017 which harbour dues are payable per tonne (to nearest tonne)

Other goods per weighing £9.50 April 2017

I8 Pilotage April 2017

I8a Per gross registered ton £0.35

Minimum charge £206.00

I8b Detention Charge for Late arrival of vessel - per hour or £206.00 part thereof

I8c Hire of Pilot-Boat and crew per £206.00 hour or part thereof Per passenger or crew member

I8d Pilot Boat Maintenance Charge £0.25 “per dead weight all told ton” (to be applied when pilotage not requested)

Page 124

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I9 Supply of Water April 2017

I9a Cargo vessels: Minimum charge £102.25 April 2017

Additional charge per tonne or £2.05 April 2017 part thereof in excess of 6 tonnes

I9b Fishing vessels (where a composition fee has been paid): Less than 20m £9.50 April 2017 20m or over £14.70 April 2017 On each occasion

Less than 20 metres £27.50 April 2017 20 metres or over per quarter £37.00 April 2017

I9c Recreation vessels on each £9.50 April 2017 occasion

I10 Supply of electricity - cost per April 2017 electrical unit Up to 3 hours £9.50 + VAT Over 3 hours £1.95 + VAT Over 12 hours £0.25 + VAT I11 Provision of skips for non-fishing £25.75 April 2017 vessel per skip per week I12 Fuel transfer - cost per tonne £2.35 April 2017

Page 125

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 I13 Ground rent for container/fuel NEW tank

I14 Hire of Room at Harbour Office Standard per hour or part NEW thereof Junior/over 60/charity per hour NEW or part thereof Business Rate per hour or part NEW thereof

Page 126

SECTION K: HOUSING AND PROPERTY

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 K1. Housing Support: Warden’s £101,970 £33.78 £33.78 April 2018 Service: The Moray Council Sheltered Housing K2. Landlord Registration fees S £55,000 As set As set

K3 Recharge of Council’s Estates’ £9,734 costs K3a Applications to purchase ground for incorporation into gardens:

Initial fee (confirming ownership, £284 £293 April 2018 valuation, preparing plan, title check by Legal Section)

Final fee (processing £440 £453 April 2018 application)

Committee report preparation £252 £260 April 2018

Page 127

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 K3b. Consents: April 2018

(a) Assignations of lease £350 £360

(b) Sub leases: standard leases £134 £138 Non standard leases £201 £207 (c) Early lease terminations: standard charge £268 £276

Complex transactions Hourly rate of Hourly rate of £42.50 - £88 per £43.75 - £90 per hour hour Discount for no-for-profit tenants Hourly rate of Hourly rate of £21.25 - £44 per £21.87 - £45 per hour hour

K3c Utility companies: April 2018

Scottish Water/Gas - 200% Rydes Scale 200% Rydes Scale

Electricity £232 £239 Telecoms £191 £197

Electricity/Telecoms (complex) 200% Rydes Scale 200% Rydes Scale

Page 128

REF SERVICE CODE BUDGET CHARGE PROPOSED DATE OF LAST S / M / SD 2018/19 2018/19 CHARGE CHANGE 2019/20 K3d Private parties 200% Rydes Scale 200% Rydes Scale April 2011 Water and Sewerage

K3e. Recharge of Council’s Estates’ £42.50 - £88 per £43.75 - £90 per April 2018 costs in relation to discretionary hour hour property transactions/work

Page 129

Page 130 Item 9

REPORT TO: POLICY & RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: COMMUNITY ASSET TRANSFER VALUATION FEES

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 This report invites the Committee to grant delegated authority to the Corporate Director (Corporate Services) in order to further the process of transferring various town halls and community centres to the community.

1.2 This report is submitted to Committee in terms of section III (B) (29) of the Council's Scheme of Administration relating to asset management and the property disposal programme.

2. RECOMMENDATION

2.1 The Committee is invited to grant delegated authority to the Corporate Director (Corporate Services) to instruct independent valuations as required in respect of the seven town halls and community centres currently leased, being Buckie Fishermen’s Hall, Cullen Community Centre, Dufftown Community Centre, Elgin Town Hall, Findochty Town Hall, Forres Town Hall, and Keith Longmore Hall.

3. BACKGROUND

3.1 On 21 March 2017, this Committee considered policy changes required as a result of the coming into force of Part 5 of the Community Empowerment (Scotland) Act 2015 (the Act) and the publication of the Scottish Government’s guidance on asset transfer (para 5 of the Minute refers). The report also addressed the valuation implications of the Act and its associated guidance.

3.2 To properly assess the costs and benefits of an asset transfer request, fulfil the Council’s duty to secure Best Value, and satisfy the requirements of the Disposal of Land by Local Authorities (Scotland) Regulations 2010, it is essential that the market value of the subject property is identified prior to an asset transfer request being determined. To reduce overall costs and provide a common starting point, the government’s guidance encourages the authority and the community body to obtain a joint valuation from an independent valuer, such as the Valuation Office Agency (the District Valuer). If no agreement can be reached then each party should obtain its own valuation.

Page 131

3.3 The guidance identifies two points within the CAT process where discussions on property value are necessary:

• Initial enquiry. When the community body requests information about the property, if an approximate indication of value is known to the authority this should be made available to the community body. This may be given as a range of values and should be caveated to the extent that it is an indicative value only.

• Confirmed proposals. Once the community body has confirmed its interest and the property has been clearly defined, then the formal assessment of market value should be instructed. This is likely to be during pre-application discussions.

3.4 On 11 April 2018, the Council approved transitional arrangements aimed at enabling successful asset transfers of seven town halls and community centres to the community (para 6 of the Minute refers). The approved transitional arrangements included granting short term leases at nil rent and the provision of financial support to underwrite deficit funding for each facility for up to 6 months, subject to a maximum amount in each case. A review of each case will be carried out by officers at the end of this period to confirm community body viability before progressing to the next stage.

3.5 The appropriate time to instruct an independent valuation in respect of the seven town halls and community centres is after completion of the 6-month review and confirmation that the groups remain viable. The initial 6-month period will conclude for all cases by the end this financial year. The community bodies will need to submit their accounts for that period, putting the completion of the review and the timing of each valuation into the start of next financial year.

3.6 .At the time of writing the 2017 report, it was not clear how many asset transfer requests the Council would be likely to receive over the course of each financial year. Consequently, no budget was identified at that time to cover the costs of valuation fees. However, the report did confirm that no valuation requiring a Council contribution of more than £1,000 would be instructed without prior approval of this Committee. The majority of CAT- related valuation fees are unlikely to exceed this level.

3.7 Fee estimates for the three most complex valuations involved have been sought from the District Valuer. These are as follows:

• Forres Town Hall £2,800 + VAT • Elgin Town Hall £3,600 + VAT • Cullen Residential Centre £3,500 to £4,000 + VAT

Although an estimate has not yet been obtained, a valuation of Longmore Hall, Keith may also potentially incur a similar fee level. Where a community body agrees to a joint valuation instruction then they will be liable for a 50% share of these costs. However, they are not obliged to agree and can choose to obtain their own independent valuation. A 50% share of the costs involved in the remaining three cases is not expected to exceed £1,000 per valuation. Actual fees may vary, depending upon the work involved in each case.

Page 132

3.8 Currently, officers do not have authority to instruct all of the valuations necessary to progress the transfer of the town halls and community centres. Granting delegated authority to officers to instruct these would help progress the transfer of the properties to the community.

4. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))

Transferring assets to the community supports the 10 Year Plan (LOIP) aim of creating more resilient and sustainable communities with less need for universal services provided by the public sector. It is also consistent with the Corporate Plan value of promoting community empowerment as a means of supporting communities take on more responsibility

(b) Policy and Legal

Section 96 of the Community Empowerment (Scotland) Act 2015 requires the Council to have regard to the guidance issued by Scottish Ministers about carrying out its functions under Part 5 of the Act.

On 21 March 2017, the Policy and Resources Committee approved the following policy statement in relation to Community Asset Transfers (para 5 of the Minute refers). “Moray Council recognises the important role that the transfer of property assets can play in empowering communities and strengthening their resilience. Where appropriate, the Council will use the transfer of assets to give more control to communities and local people, inspire them to find local solutions to community needs, and as a means of helping communities become more sustainable in the long term. In determining all asset transfer requests, the Council will have regard to the guidance provided by the Scottish Government in relation to asset transfer requests made under Part 5 of the Community Empowerment (Scotland) Act 2015, whether or not such requests are made under the provisions contained in the Act.”

Where assets are transferred at less than market value, such disposals must comply with the Disposal of Land by Local Authorities (Scotland) Regulations 2010, which requires that the Council must be satisfied that the proposed transfer is reasonable and that the disposal is likely to contribute to at least one of the following purposes: a) Economic Development, b) Regeneration, c) Public Health, d) Social Wellbeing, or e) Environmental Wellbeing.

Page 133

(c) Financial Implications

The cost to the Council of obtaining valuations of the seven properties is likely to lie between £5,000 and £15,000 in total. Actual costs will depend on how many community bodies agree to meet a 50% share, how many independent valuations are instructed, and the amount of work involved in each case. Fee estimates have not yet been obtained for four of the properties involved so actual fees may vary.

(d) Risk Implications

At this stage discussions on instructing a joint valuation and associated costs have only taken place with the tenants of Cullen Community Centre, although no agreement has yet been reached. It is likely that at least some of the tenants will seek to proceed on a joint valuation basis. However, if agreement is not reached the parties would need to arrange their own valuations. In three cases valuations would be outsourced by the Council due to complexities around a range of potential alternative uses (including retail which is undergoing structural change and requires specialist advice), as well as existing pressure of work on in-house staff.

In the worst case scenario, in which independent valuations would be carried out for all seven properties, the costs to the Council would be estimated at around £15,000.

(e) Staffing Implications

As detailed above, the work would be carried out by a combination of in- house staff and external valuers.

(f) Property

There are no property implications arising directly from this report.

(g) Equalities/Socio Economic Impact

An Equalities Impact Assessment is not required as agreeing the recommendations would have no impact on service delivery.

(h) Consultations

Consultation has taken place with the Asset Management Working Group CAT Sub-Group (Corporate Director (Corporate Services), Head of Development Services, Head of Financial Services, and Educational Resources Manager), Legal Services Manager (Property and Contracts), P Connor Principal Accountant, Estates Manager, Democratic Services Manager, and Equal Opportunities Officer. All comments have been incorporated in the report.

5. CONCLUSION

5.1 Officers do not have authority to instruct all of the valuations necessary to progress the transfer of the town halls and community centres.

Page 134

5.2 Granting delegated authority to the Corporate Director (Corporate Services) to instruct the necessary joint valuations in agreement with the relevant community bodies will help progress the transfer of the town halls and community centres to the community.

Author of Report: Andrew Gray, Asset Management Coordinator Background Papers: Held by author Ref:

Page 135

Page 136 Item 10

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: DISCRETIONARY NON-DOMESTIC RATES RELIEF

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 To consider whether awards of discretionary Non-Domestic Rates relief which have been made previously should be amended.

1.2 This report is submitted to the Committee in terms of Section III (B) (7) of the Council's Scheme of Administration relating to the administration of the levy, collection, payment and recovery of Non-Domestic Rates.

2. RECOMMENDATION

2.1 It is recommended that the Committee:

(i) consider the options detailed in Section 4 of the report and agree to either withdraw or amend awards which it has previously made of discretionary rates relief to Scottish charities, not-for-profit organisations and any other organisations identified by Members;

(ii) agree the timescale in which to implement any changes; and

(iii) agree that this decision will represent a policy decision for all future applications for discretionary rates relief.

3. BACKGROUND

Legal Framework

3.1 In terms of Section 4(5) of the Local Government (Financial Provisions etc.)

Page 137

(Scotland) Act 1962 rating authorities have powers to grant additional discretionary rates relief in respect of premises:

(a) occupied by charities and used for charitable purposes;

(b) occupied for the purposes of organisations which are not established for profit and whose principal aims are charitable and are otherwise philanthropic or religious or concerned with education, social welfare, science, literature or the fine arts; or

(c) occupied for the purposes of a club, society or other organisation not established or conducted for profit and which are wholly used for the purpose of recreation.

Financial Cost of Discretionary Rates Relief

3.2 Moray Council currently makes 158 awards of discretionary rates relief to registered Scottish charities, not-for-profit organisations and organisations identified by Members. The majority of these awards are a twenty per cent discretionary rates relief ‘top-up’ of the eighty per cent mandatory rates relief to which registered Scottish charities are entitled by statute. There are six awards of one-hundred per cent discretionary rates relief.

3.3 The awards of twenty per cent discretionary rates relief made to registered Scottish charities total £224K. The cost to the council of making these awards is £56K, the remainder of the award, which totals seventy-five per cent of the total amount of discretionary rates relief award, is borne by the Scottish Non- Domestic Rates ‘pool’.

3.4 The awards of one-hundred per cent discretionary rates relief made to not-for- profit organisations and organisations identified by Members total £39K. The cost to the council of making these awards is £10K, the remainder of the award, which totals seventy-five per cent of the total amount of discretionary rates relief award, is borne by the Scottish Non-Domestic Rates ‘pool’.

3.5 Appendix 1 sets out a list of all the recipients of an award of twenty per cent discretionary rates relief.

3.6 Those recipients who receive an award of one-hundred per cent discretionary rates relief can be found in Appendix 2.

3.7 A list of all organisations or groups in receipt of significant funding from the council is set out in Appendix 3.

3.8 Those organisations which have entered into a Community Asset Transfer can be found in Appendix 4.

3. 9 In reviewing the content of this report, Members should be aware that a number of organisations which currently receive an award of discretionary rates relief may be eligible for a relief award under the Scottish Government’s

Page 138

Small Business Bonus Scheme. This scheme, the cost of which is borne entirely by the Scottish Non-Domestic Rates ‘pool’, ensures that any ratepayer which occupies a property or properties in Scotland which has a total rateable value of up to £15,000 is entitled to full relief from the payment of rates.

Moray Council 2019 Budget

3.10 The council has already made a decision to seek to identify savings from discretionary rates relief. At a meeting of Moray Council on 23 January 2019 it was agreed that the council would reduce this item of expenditure by £10K in 2020-21.

Other Scottish Local Authorities

3.11 In the process of writing this report, a number of Scottish local authorities were contacted to gauge the manner in which they administered applications for an award of discretionary rates relief. The following results were obtained:

i. Aberdeenshire Council – do not award ‘top-up’ relief to charity shops. Other properties occupied by charities receive an award of ‘top-up’ relief where it is appropriate to do so. At present they are not looking to review that policy;

ii. Angus Council – do not award ‘top-up’ relief to charity shops and only award fifty per cent discretionary rates relief to licensed premises. Other properties occupied by charities receive an award of ‘top-up’ relief where it is appropriate to do so. At present they are not looking to review that policy;

iii. Argyll and Bute Council – award ‘top-up’ relief where it is appropriate to do so. At present they are not looking to review that policy;

iv. Highland Council – award ‘top-up’ relief where it is appropriate to do so. If there is evidence of commercial activity, they do not award relief. At present they are not looking to review that policy;

4. PROPOSED COURSES OF ACTION

4.1 In reviewing the status of awards of discretionary rates relief, Members may wish to consider the following options:

(a) termination of all awards of discretionary rates relief;

(b) reduction of all awards of discretionary rates relief by an amount determined by Members;

(c) termination, or reduction by a percentage determined by Members, of all awards of one-hundred per cent discretionary rates relief made to non-charitable organisations;

Page 139

(d) termination, or reduction by a percentage determined by Members, of all awards of discretionary rates relief made to organisations headquartered outside the boundaries of Moray;

(e) termination, or reduction by a percentage determined by Members, of all awards of discretionary rates relief made to charity shops in Moray;

(f) termination, or reduction by a percentage determined by Members, of all awards of discretionary rates relief made to office accommodation occupied by Scottish charities and not-for-profit organizations in Moray;

(g) termination, or reduction by a percentage determined by Members, of all awards of discretionary rates relief made to licensed premises.

4.2 Members should be aware that, with the exception of option (a), they may choose to combine these options if they are minded to do so.

4.3 The Committee is also invited to consider whether, in coming to a decision, it may wish to continue to award discretionary rates relief to some organisations. Examples of such instances may be:

• organisations or groups in receipt of significant funding from the council;

• organisations which have entered into a Community Asset Transfer.

4.4 The Committee is also invited to consider, whether in coming to a decision, the timescale on which it would like to implement any change that it is minded to make. Members may wish to implement any change:

(a) from 1 April 2019, bearing in mind that such a timescale would present little opportunity for effected ratepayers to prepare for the need to pay rates;

(b) over an extend period (for example introducing part of the change in 2019-20 and part of it in 2020-21), thereby reducing the impact of the change.

5. POTENTIAL IMPACT

5.1 The following paragraphs, 5.3 – 5.12 inclusive, detail the potential impact of each of the courses of action detailed above.

5.2 Members should bear in mind that if they are minded to reduce the amount of the reduction of relief or phase any such change over a number of years, an option detailed in paragraph 4.4 above, this will reduce any immediate saving accruing to the council.

Page 140

Termination of all awards of relief

5.3 Number of accounts effected: 158; Value of discretionary rates relief withdrawn: £262,777; Budget saving accruing to the council: £65,694.

Reduction of all awards of relief by an amount determined by Members

5.4 Illustrative examples of the impact of a seventy-five, fifty and twenty-five per cent reductions in relief awards are detailed below.

Seventy-five per cent reduction in relief. 5.5 Number of accounts effected: 158; Value of discretionary rates relief withdrawn: £197,083; Budget saving accruing to the council: £49,271.

Fifty per cent reduction in relief. 5.6 Number of accounts effected: 158; Value of discretionary rates relief withdrawn: £131,389; Budget saving accruing to the council: £32,847.

Twenty-five per cent reduction in relief. 5.7 Number of accounts effected: 158; Value of discretionary rates relief withdrawn: £65,694; Budget saving accruing to the council: £16,424.

Termination of Relief Awarded to non-charitable organisations

5.8 Number of accounts effected: 6; Value of discretionary rates relief withdrawn: £39,120; Budget saving accruing to the council: £9,780.

Termination of relief awarded to non-Moray headquartered organisations

5.9 Number of accounts effected: 54; Value of discretionary rates relief withdrawn: £51,077; Budget saving accruing to the council: £12,769.

Termination of relief awarded to charity shops

5.10 Number of accounts effected: 21; Value of discretionary rates relief withdrawn: £23,885; Budget saving accruing to the council: £5,971.

Termination of relief awarded to office accommodation

5.11 Number of accounts effected: 38; Value of discretionary rates relief withdrawn: £28,402; Budget saving accruing to the council: £7,100.

Page 141

Termination of relief awarded to licensed premises

5.12 Number of accounts effected: 4; Value of discretionary rates relief withdrawn: £32,640; Budget saving accruing to the council: £8,160.

6. SUMMARY OF IMPLICATIONS

(a) Moray 2026: A Plan for the Future and Moray Corporate Plan 2015 - 2017

No council/community planning priority implications for the local authority arise from the content of this report.

(b) Policy and Legal

If Members choose to make a policy decision in regard to discretionary award of rates, as sought in paragraph 4.1 above, this will be applied to all applications for relief from similar ratepayers.

(c) Financial Implications

If Members choose to exercise their discretionary powers to amend the awards of discretionary rates relief which have been made previously, this will result in budgetary savings for the council. The maximum potential saving is £65K. The savings which are available are detailed on paragraph 5, above.

(d) Risk Implications

No risk implications for the local authority arise from the content of this report.

(e) Staffing Implications

No staffing implications for the local authority arise from the content of this report.

(f) Property

No property implications for the local authority arise from the content of this report.

(g) Equalities

No equalities implications for the local authority arise from the content of this report.

(h) Consultations

No consultation has been carried out in the preparation of this report.

Page 142

7. CONCLUSION

7.1 This report has laid before Members some of the options open to them to amend the award of discretionary rates relief to charities and to not-for- profit organisations and organisations identified by Members. It also enumerates the potential savings which may accrue to the council from each course of action.

Author of Report: James Taylor, Taxation Manager (ext. 3160). Background Papers

Ref.: JGT/LJC/

Page 143

Page 144 Item 10

APPENDIX ONE

Rateable RatePayer Property Description Value Forres Nairn & District Group Riding For STORE £65 Disabled The Moray Society STORE £325 Riding For The Disabled EQUESTRIAN CENTRE £400 R N L I SITE £600 The Findhorn Village Conservation Company PLAYING FIELD £675 Trs Of The Glenlivet Public Hall PLAYING FIELD £700 Village Hall Committee PLAYING FIELD £850 Seafield District Scout Council HALL £875 Village Council PLAYING FIELD £1,000 Lhanbryde Community Challenge OFFICE £1,050 Victim Support OFFICE £1,250 Garmouth & Kingston Amenities Committee CAR PARK £1,300 Ark Housing Association Ltd OFFICE ETC £1,550 Moray Handyperson Services OFFICE £1,700 Barnardo's OFFICE £1,700 Enable Scotland OFFICE £2,000 Army Cadet Force Association CADET CENTRE £2,350 Dufftown 2000 Ltd SHOP £2,600 The Moray Society HALL £2,700 Pluscarden Public Hall Committee HALL £2,700 Aberlour Child Care Trust (Moray Youth Action STORE £2,700 Project) Forres Groups Action Ltd SHOP £2,800 Barnardo's OFFICE £2,800 Womens Rural Institute HALL £3,000 W.R.V.S. Premises Department OFFICE £3,000 Alzheimer Scotland OFFICE £3,000 Avenue OFFICE £3,100 Scottish Association For Mental Health OFFICE £3,400 Blythswood Care SHOP £3,500 Garmouth & Kingston Amenities Association PLAYING FIELD £3,500 Real Life Options OFFICE £3,500 Craigellachie Village Council Per Kenneth RECREATION GROUND £3,700 Fraser Trs Of Carron Public Hall HALL £4,000 Third Sector Interface Moray (tsiMORAY) OFFICE ETC £4,000 Third Sector Interface Moray (tsiMORAY) OFFICE ETC £4,000 Third Sector Interface Moray (tsiMORAY) OFFICE ETC £4,000 Ark Housing Association Ltd OFFICE £4,000 The Trs For The Alves Village Hall HALL £4,100 Sacro OFFICE £4,100 Quarriers OFFICE £4,100

Page 145 Scottish Autism HOME £4,300 Reboot (Moray Computer Recycling) Ltd WORKSHOP £4,500 Grampian Housing Association Ltd OFFICE £4,600 The Samaritans OFFICES £4,700 British Red Cross SHOP £4,800 Trustees Of Aberlour Community Association CAFE £4,800 Sacro SUPPORT CENTRE £4,800 Trs Of Roman Catholic Diocese Of Aberdeen OUTDOOR CENTRE £5,100 Garmouth & Kingston Hall Committee HALL £5,100 2nd Elgin (Seafield) Scout Group HALL £5,300 Aberlour Child Care Trust (Moray Youth Action WORKSHOP £5,400 Project) Keith & District Sports Trust SPORTS GROUND £5,600 Reap OFFICE £5,800 Crossreach Counselling OFFICE ETC £5,800 Edinvillie Community Hall Council HALL £5,800 Moray Waste Busters Ltd STORES ETC £6,000 Trs Of King George V Memorial Playing Field PLAYING FIELD £6,200 Archiestown Village Council HALL £6,500 Urquhart Public Hall Trustees HALL £6,600 Moray Reach Out SHOP £6,700 Public Hall Committee HALL £6,800 Reserve Forces & Cadets Association (for The HALL £6,800 Highlands Of Scotland) TELECOMMUNICATIONS Cairngorm Mountain Rescue Team £7,000 FACILITIES Army Cadet Force Association SHOOTING RANGE £7,000 Aberlour Scout Association HALL £7,300 Trs Of The Glenlivet Public Hall HALL £7,500 Trs Of Boharm Public Hall Per Innes HALL £7,600 Macpherson Aberlour Community Association VISITOR CENTRE £7,600 Rafford Village Hall Committee HALL £7,700 Langstane Housing Association OFFICE £7,700 British Red Cross SHOP £8,200 Margach Hall Trustees HALL £8,500 Blythswood Care SHOP £8,500 Quarriers OFFICE £8,600 Portgordon Village Hall HALL £8,700 Sue Ryder Charity Shop SHOP £8,800 Craigellachie Village Council HALL £8,800 Children 1st OFFICE £8,900 Moray Reach Out FACTORY £8,900 Moray Foodbank STORES £9,000 Inspire (Partnership Through Life) Ltd SHOP £9,200 Chest Heart & Stroke Association (Scotland) SHOP £9,700

Page 146 Hall & Amenities HALL £9,900 R N L I Property Department LIFEBOAT STATION £10,000 Dementia Scotland Ltd SHOP £10,000 Circles Network OFFICE £10,000 Oxfam Estates Department SHOP £10,250 Action For Children HOME £10,750 Moray Reach Out OFFICE £10,750 Managers Of Hall HALL £11,000 Quarriers SHOWROOM £11,500 Grampian Housing Association Ltd OFFICE £11,750 Crossroads Caring Scotland OFFICES £11,750 Penumbra Mental Health & Wellness Centre OFFICE £12,250 Aberlour Community Association HALL £12,500 Moray Recycling Action Group YARD ETC £12,750 British Red Cross SHOP £12,750 British Red Cross SHOP £13,000 Cancer Link Aberdeen & North OFFICE £13,000 Enable Scotland DAY CENTRE £13,000 Barnardo's SHOP £13,250 Army Cadet Force Association CADET CENTRE £13,250 Aberlour Child Care Trust (Moray Youth Action DAY CENTRE £13,250 Project) Quarriers OFFICES £13,250 Fochabers Heritage Committee MUSEUM £13,500 Trs Of Dyke & District Hall HALL £13,500 Portknockie Community Association HALL £13,750 Blythswood Care SHOWROOM £13,750 Hopeman Community Association HALL £14,250 Moray Housing Partnership Ltd OFFICES £14,500 Highland Hospice Trading Co SHOP £14,500 Macthree C.I.C OFFICE £14,750 & District Community Association COMMUNITY CENTRE £15,000 The Loft Youth Project HALL £15,250 Speymouth Hall Association HALL £15,250 & Botriphnie Community Trust HALL £15,250 Tomintoul & Kirkmichael Memorial Hall HALL £15,250 (Richmond Memorial Hall) Mortlach Memorial Hall Management HALL £16,750 Committee Third Sector Interface Moray (tsiMORAY) OFFICES £17,500 Cancer Research UK SHOP £18,000 Lossiemouth Town Hall Management HALL £19,500 Committee Cornerstone Community Care HOME £20,000 Moray Foodbank SHOP £20,000 Action For Children HOME £20,250 Elgin District Scout Council MASONIC HALL £21,000

Page 147 Trs Of New Elgin Public Hall HALLS £21,250 Action For Children HOME £21,250 Army Cadet Force Association CADET CENTRE £21,250 British Heart Foundation SHOP £21,500 Citizens Advice Bureau OFFICES £22,000 Cancer Research Uk C/O Rate Account SHOP £22,500 Management Cornerstone Community Care OFFICE £23,000 Quarriers OFFICES £23,000 The Moray Society MUSEUM £23,250 The Three Kings Cullen Association COMMUNITY CENTRE £23,750 Fochabers Public Institute Committee HALL £24,000 Inchberry & District Community Association HALL £25,500 The Friends Of The Fishermen's Hall HALL £26,500 Bishopmill Mutual Improvement Association HALL £27,000 The Grant Hall COMMUNITY CENTRE £27,750 People's Dispensary For Sick Animals SHOP £28,250 Elgin Youth Development Group YOUTH CENTRE £28,750 Longmore Hall Trust HALL £29,750 Action For Children DAY CENTRE £31,250 Village Hall & Playing Fields Committee HALL £32,500 Findhorn Village Centre COMMUNITY FACILITY £34,000 Forres Area Community Trust HALL £38,250 Lhanbryde Community Challenge COMMUNITY CENTRE £39,750 Morayvia Science and Technology Centre MUSEUM £55,000 Moray Womens Aid HOME £57,000 Elgin Town Hall for the Community Ltd HALL £117,000 Moray Leisure Ltd LEISURE CENTRE £500,000

Page 148 Item 10

APPENDIX TWO

Property Rateable RatePayer Description Value British Legion Scotland Keith & District Branch CLUB £15,500 The Royal Navy Association CLUB £14,750 Hopeman Community Association SHELTER £1,000 Royal British Legion (Forres) CLUB £15,250 British Legion Scotland Buckie Branch CLUB £22,500 Forres Area Credit Union SHOP £12,500

Page 149

Page 150 Item 10

APPENDIX THREE

Moray Leisure Ltd LEISURE CENTRE £500,000

Page 151

Page 152 Item 10

APPENDIX FOUR

Property Rateable RatePayer Description Value Morayvia Science and Technology Centre MUSEUM £55,000 Forres Area Community Trust HALL £38,250 The Friends Of The Fishermen's Hall HALL £26,500 Elgin Town Hall for the Community Ltd HALL £117,000 Longmore Hall Trust HALL £29,750

Page 153

Page 154 Item 11

REPORT TO: POLICY & RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: REVENUE BUDGET MONITORING TO 31 DECEMBER 2018

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 To advise Committee of the revenue budget monitoring position to 31 December 2018 and of the current estimated out-turn for 2018/19.

1.2 This report is submitted to Committee in terms of Section III A(8) of the Council's Administrative Scheme relating to monitoring current revenue expenditure against approved budget.

2. RECOMMENDATION

2.1 It is recommended that Committee considers and notes:

(i) the budget monitoring position of £1,070,000 over budget for 2018/19 as at 31 December 2018;

(ii) that this position consists of an underspend on Devolved School budgets of £750,000, an overspend on Social Care services delivered on behalf of the Moray Integration Joint Board (MIJB) of £1,537,000 and an overspend on other services of £283,000;

(iii) movement of £204,000 in the General Revenue Grant, as detailed in paragraph 3.4;

(iv) the current estimated out-turn for 2018/19 of an overspend of £2,132,000, compared to the position of £2,024,000 reported in quarter 2, resulting in an increase of £2,132,000 in use of Council reserves from that budgeted for;

(v) emerging budget pressures as summarised in paragraph 6.2;

(vi) the position regarding Moray Integration Joint Board (MIJB) as described in paragraph 6.11, with cost implications of £555,000 for the Council, and

Page 155 ITEM:

PAGE: 2

(vii) commitments of £8,162,000 against reserves or capital receipts as summarised in section 9.

2.2 It is recommended that Committee approves the release from provisions as additional savings of:

(i) £679,000 as identified in the report at paragraph 5.3;

and to meet budget pressures of:

(i) £31,000 as identified in the report at paragraph 5.4; (ii) £56,000 as identified in the report at paragraph 5.5. (iii) £168,000 as identified in the report at paragraph 5.6

3. BACKGROUND

3.1 When the revenue budget for 2018/19 was approved by Moray Council on 14 February 2018 (paragraph 10 of the minute refers), General Revenue Grant of £154,879,000 was estimated for the year, based on the latest amount notified to the Council and including estimates for further distributions of grant during the year. Council Tax receipts of £39,500,000 were anticipated. Budgeted expenditure of £199,105,000 was agreed, and this required projected use of £4,726,000 of the Council’s General Reserves to balance the budget.

3.2 On 28 June 2018 Council approved adjustments to the base budget to reflect variances during 2017/18 which were projected to continue into 2018/19 (paragraph 8 of the minute refers). The net effect of these adjustments was to reduce budgeted expenditure by £137,000. At the same meeting additional expenditure of £521,000 to be funded from General Reserves was also approved. All of these adjustments have been posted to departments as at 30 September 2018.

3.3 In addition to the Council’s core budget, monies allocated to schools through the Devolved School Management (DSM) scheme and not spent are brought forward from previous years. The balance brought forward in 2018/19 is £448,000 (2017/18 £804,000). In addition to this, unused funding of £196,000 received in 2017/18 for the expansion of Early Learning and Childcare and £568,000 relating to the Pupil Equity Fund (PEF) have been carried forward into 2018/19 in accordance with the grant conditions.

3.4 A variation to General Revenue Grant (GRG) of £204,000 has been notified. This relates to increased level of Newly Qualified Teachers (NQT) and additional budget has been allocated as required.

3.5 The Council’s overall General Services revenue budget currently stands at £201,924,000.

Page 156 ITEM:

PAGE: 3

3.6 Reconciliation of the movements in the base budget from that which was approved by the Moray Council on 14 February 2018 is shown in APPENDIX 3 and allocations to departments from the provisions for Inflation and Contingencies, Additional Costs and Savings are listed in APPENDIX 4.

3.7 In response to the Council’s financial position the Chief Executive emailed all the Heads of Service on 5 September 2018, requesting that where possible expenditure is curtailed. Estimated expenditure takes this into account.

4. BUDGET POSITION

4.1 APPENDIX 1 summarises the current position for each service area, comparing the actual expenditure for the year to 31 December 2018 with the budget to 31 December 2018.

4.2 Overall the budget position at 31 December 2018 is expenditure over budget to date of £1,070,000 or 0.8% of budget to date (including services delivered on behalf of the Moray Integrated Joint Board).

4.3 The principal areas of overspend and underspend across the Council are summarised below:

4.3.1 In Integrated Children’s Services, Out of Area placements are £723,000 over budget to date. An increase in the number of children cared for and of expenditure since 2016/17 was recognised when the budget for 2018/19 was set and provision of £1,200,000 made to accommodate this. The overspend in quarter 3 of this year reflects further continued increase which is expected to continue throughout 2018/19. This overspend and demand is being actively monitored and considered within a wider commissioning strategy to make best use of available resources.

4.3.2 Devolved School budgets are underspent by £750,000 at the end of quarter 3, £317,000 in primary schools and £433,000 secondary schools.

4.3.3 Central Repairs and Maintenance budget is £228,000 under spent to date, primarily relating to planned repairs, in response to the directions of the Chief Executive, as detailed in paragraph 3.7.

4.3.4 The recycling budget is overspent by £142,000 due to market fluctuations in the cost of recycling mixed paper. The income budget for this is not being met since the Council are now incurring costs to have the paper taken away.

4.3.5 As previously reported, there is an insurance recovery of £80,000 relating to a fire damaged property in Buckie. No expenditure against this is anticipated.

4.3.6 Additional pension costs are overspent by £116,000 due to the strain on the fund payments following the early retirements which have occurred during the year to date.

Page 157 ITEM:

PAGE: 4

5. BUDGET PRESSURES

5.1 Budget pressures recognised when the budget was approved on 14 February 2018 are released when the pressure crystallises to the extent that it can be accurately quantified. Provisions to meet budget pressures and new duties totalling £1,450,000 have been released in quarter 3 and are detailed in APPENDIX 4.

5.2 Provisions still held centrally at the end of quarter 3 total £1,166,000 and are detailed in APPENDIX 5 and given a RAG assessment for likelihood of requirement.

5.3 Six provisions totalling £679,000 are assessed as red or unlikely to be needed: £15,000 for Elgin High School facilities management; £50,000 for deferred income for permanent care, £57,000 balance of the provision for the full year effect of the teachers’ pay award for 2017/18, £508,000 for changes in school roll numbers, £22,000 temporary accommodation and £27,000 relating to the NQT redetermination. The amount of deferred income received is still expected to decrease, but no budget is retained for this income and so no budget pressure remains to be mitigated. The budget for changes in the school roll was based on projections when the budget was set. Amounts released are based on actual rolls. No further release is required. The teachers’ pay award, temporary accommodation, NQT redetermination and Elgin High School facilities management are already budgeted for in full. It is recommended to take the balance of these provisions as a saving.

5.4 Four provisions are assessed as amber, for uncertainty of requirement: energy performance certificates (£80,000); implementation of the Gaelic plan (£40,000); British sign language (£11,000); and Sensory impairment (£6,000). Following calculations by the service only £31,000 will be required for the first provision for 2018/19 and is recommended to be released. There is high uncertainty about the level of need for expenditure on the Gaelic plan, British sign language and Sensory impairment which will be held centrally pending the development of any plans.

5.5 A provision of £200,000 was made for children transitioning into adult social care. The service has produced information relating to six clients who transitioned after 1 April 2018. One care package (£123,000) has been released as agreed at Policy & Resources Committee on 27 November 2018 (para 14 of the minute agrees) and the remaining care packages will cost £56,000 for the year. The release of £56,000 to the MIJB is recommended.

5.6 Within the green provisions, one off funding for NDR increases for Elgin High School, £15,000 and the refurbished primary schools, £44,000 are recommended to be released (for Implementing the Carers Act). The split of funding between Children’s and Adults Services has been agreed and it is recommended that £109,000 is released to the MIJB.

Page 158 ITEM:

PAGE: 5

6. EMERGING BUDGET PRESSURES

6.1 During the third quarter a number of budget pressures have emerged. Those which can be quantified at present are listed in the table below:

Para Ref Estimated full year effect £000s Previously reported Water charges increase 30 Waste paper charge increase 134 Child Protection 86 Water rates exemption removal 17 Wildfowling Findhorn Bay 15 CSU post 38

Increased Out of area placements 6.2 1,030

New Penalty from Revenues Scotland for 6.3 200 landfill tax _____ 1,550 ======

6.2 Expenditure on out of area placements in Integrated Children’s Services continues to exceed budget, as reported to Children and Young People’s Services Committee on 27 June 2018, despite the 2018/19 budget increase of £1,200,000,(paragraph 17 of the minute refers). The estimated overspend for the year based on the current placements is £1,030,000.

6.3 A one-off budget pressure of £200,000 is included for the cost of the penalty from Revenues Scotland for landfill tax, relating to Trommel fines where checks for compliance with the requirements of Revenue Scotland guidance were not completed during 2017. Procedures have been amended to ensure this does not occur again.

6.4 When MIJB set its budget for 2018/19 it noted a shortfall estimated to amount to £4,596,000, after identified savings of £1,060,000. Following further consideration by the Board additional savings of £456,000 have been identified, and the Board has agreed to use £847,000 reserves to part-fund the shortfall. It would appear to be unlikely that the Board will be able to implement savings to balance the budget within the next three months, particularly given the overspend across both Council and NHS services during quarter 3. The Council at its special meeting on 28 June 2018 considered a report on Corporate and Financial Planning (paragraph 12 of the minute refers) which included consideration that MIJB was likely to require further funding of £1.3m to meet its budget shortfall (based on 40% of £3.2m deficit).

Page 159 ITEM:

PAGE: 6

6.5 On the basis of the current position to be reported to MIJB on 28 March 2019 and the provisional forecast position to the financial year end the MIJB remain in a deficit position, but the projected deficit is now £1,499,000, compared to £1,438,000 reported in quarter 2. Based on agreed funding levels, Moray Council’s share would be 37% of the deficit: £555,000 (an increase of £23,000 from quarter 2). This is one of the most volatile budget pressure faced by the Council. It is important that in recognising this pressure the Council does not lose sight of the need for Social Care services to keep tight control over its own finances. As reported in APPENDICES 1 and 2 there is a significant projected overspend on social care services for the year.

6.6 The figures included for MIJB in APPENDIX 1 for the actual variance to date relates solely to the services provided by the Council. APPENDIX 2 shows the overspend on the Council’s services, with an adjustment to reflect the overall estimated liability for the Council at the year end, as included in paragraph 6.10 above.

7. SAVINGS

7.1 Savings of £6,253,000 were approved when the budget was set on 14 February 2018. These savings comprised increased income of £62,000 from charges for services; one-off savings of £638,000 and other permanent savings of £5,553,000.

7.2 To date budgets for charges have been adjusted by £64,000, which includes the new charges for residential caravan licenses, as set in P&R Committee on 27 November 2018. Temporary savings of £643,000 have been posted to departmental budgets, £5,000 more than the target, as previously reported.

7.3 Of the originally approved permanent savings, a balance of £338,000 remains in central provisions as at the end of December. These are detailed in APPENDIX 6 and given a RAG assessment for anticipated achievement.

7.3.1 Fourteen savings totalling £305,000 are assessed as amber. Nine of the approved savings, totalling £133,000, relate to the CAT of town halls, for which some savings have been achieved. The full saving will not be achieved due to deficit funding approved to be given to the Community Groups taking over the services. The level of deficit funding required is currently being assessed.

7.3.2 Five other approved savings are rated as amber, due mainly to slippage. Rental income for new industrial estates units is now not expected to come on stream until 2019/20. The provision for increased income from estates rental reviews has not been posted as rental for industrial estates is below budget at 31 December 2018, due to voids.

7.4 On 28 June 2018 Council agreed to reverse £33,000 savings from reduction in school crossing patrollers. This sum is consequently recorded as red.

Page 160 ITEM:

PAGE: 7

7.5 Additional savings have been achieved totalling £528,000. £471,000 was reported to this Committee on 27 November 2018 (para 14 of the minute refers). Further additional savings have been allocated during quarter 3: £3,000 energy savings, £7,000 for Buckie Town House facilities, £12,000 water savings in Education due to energy saving measures implemented during the year and reported to P&R Committee on 27 November 2018 and £38,000 part year effect saving on the school transport contracts.

8. ESTIMATED OUT-TURN

8.1 APPENDIX 2 summarises the revised estimated out-turn position for each service area, comparing the estimated expenditure to the financial year-end with the budget to 31 December 2018.

8.2 Overall the estimated out-turn position for 2018/19 is expenditure over budget to date of £1,577,000 or 1% of budget to date, compared to £1,492,000 reported in quarter 2 (excluding services delivered on behalf of the Moray Integrated Joint Board).

8.3 The estimated out-turn position for 2018/19 for Health & Social Care is an over spend of £1,671,000 on services purely provided by the Council. As the MIJB has a cost sharing agreement between the Council and NHS Grampian, an adjustment to reflect the agreement is shown. This reduces the budget shortfall for which the Council is liable to £555,000. This brings the total anticipated variance for 2018/19 to an overspend of £2,132,000, before expenditure on voluntary early retirement and voluntary severance is accounted for.

8.4 The principal areas of overspend and underspend across the Council reflect the major variances mentioned in paragraph 4 above. Details of out-turn variances are summarised below:

8.4.1 In Integrated Children’s Services, Out of Area placements are estimated to be £1,200,000 over budget at the end of the financial year. This overspend should be offset in part by an underspend of £170,000 for a children’s services at Waulkmill, where an adult who has transitioned from children’s services continues to reside. This reduces the in area provision for children and is contributing to the out of area overspend. There has been an increase in the number of children cared for and of expenditure since 2016/17 which is expected to continue throughout 2018/19 and beyond. A one-off refund of £184,000 has been received in respect of underspends on a contract for residential services in prior years.

8.4.2 The central Repairs and Maintenance budget is expected to be £148,000 underspent due to a reduction in planned repairs as detailed in paragraph 3.7. Property Service fee income is expected to be £57,000 short of the target due to slippage in capital and HRA spend.

Page 161 ITEM:

PAGE: 8

8.4.3 The recycling budget is expected to overspend by £200,000 by the end of the financial year due to the continuing market fluctuations in the cost of recycling mixed paper. Trade waste income is expected to have a shortfall of £35,000, partly due to the change in frequency of collections as a consequence of implementation of a three weekly cycle to achieve savings on cost. There has also been a reduction in use of this service following the price increase in April 2018.

8.4.4 Waste Management continue to have overspends on leachate, which is expected to be £90,000 by the year end. The landfill cell will be capped in 2019/20 which should see a reduction in the overspend.

8.4.5 Staff savings from vacancies and appointment below top of scale are anticipated to exceed the budget provision by £81,000. Major variances are anticipated in Corporate Services (£150,000 above target) and Chief Executive’s services (£134,000 above target), reduced by an anticipated shortfall of £243,000 in Direct Services.

8.4.6 There is an expected shortfall in income of £113,000 for the corporate advertising income due to a delay in securing income from trunk roads and there being no uptake of advertising on vehicles.

8.4.7 There is an expected underspend on loans charges of £394,000. This is based on a re-profiling of the capital plan to reflect slippage; acceleration; savings on some projects; additional costs on others, and deferred expenditure to reduce in-year costs as previously reported. The increase in underspend of £251,000 since quarter 2 relates to the changes in the way we are applying the general capital grant (priority given to applying on short life assets) and also capitalisation of interest expenditure on certain capital projects.

8.4.8 As indicated in section 5 of this report not all provisions held centrally will be required to be released. It is estimated that a balance of £325,000 for additional costs will be retained centrally at the year end, along with a balance of £190,000 additional savings made. However, it is currently estimated that an additional £1,776,000 will be needed for inflationary rises. Pay awards for 2018/19 are not yet agreed. The provision of £2,500,000 made when the budget was set was based on the Scottish Government pay sector. The current pay offer of 3.5% up to £80,000 and a flat rate of £1,600 above that is now estimated to cost £3,895,000. This has been used when developing the estimated actuals. The overall budget position reported to Council on 23 January 2019 reflected an anticipated increase in the cost of the pay award from when the budget was set.

Page 162 ITEM:

PAGE: 9

9. GENERAL RESERVES

9.1 The balance on general reserves (excluding DSM and ear-marked reserves) as at 1 April 2018 was £17,095,000. Use of reserves totalling £4,726,000 was approved to balance the 2018/19 budget.

9.2 The Moray Council on 28 June 2018 approved a net budget reduction of £137,000, reducing the underlying need to use reserves, and also additional funding from reserves for specific items, totalling £521,000. The Moray Council on 12 December 2018 agreed funding from reserves for more specific items totalling £2,484,000. Budget of £569,000 has been allocated for the initial costs for Transformation (IESE) and the Moray Growth deal.

9.3 The impact of the estimated out-turn is a further reduction in reserves of £2,132,000.

9.4 On 10 December 2018, the Cabinet Secretary for Finance, Economy and Fair Work wrote to COSLA confirming flexibility for the use of capital receipts to fund transformation of services. This will be the subject of a report to Council, as required by the terms of this scheme. It is estimated that the Council will receive £0.5 million capital receipts in 2018/19 and will use these to fund transformation and thus protect general reserves.

9.5 Commitments of £8,162,000 against general reserves are detailed in APPENDIX 7 along with use of capital receipts, leaving an estimated free balance of £7,301,000 at 31 March 2019.

10. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Effective budget management is an essential component of delivery of council priorities on a sustainable basis.

(b) Policy and Legal No policy or legal implications arise directly from the contents of this report.

(c) Financial implications The financial implications are addressed throughout the report.

Page 163 ITEM:

PAGE: 10

(d) Risk Implications There are no risk implications arising directly from this report. Budget managers are aware of their responsibilities for managing their budgets in accordance with the Council’s Financial Regulations. There is a risk to the council arising from the agreement that if the Moray Integrated Joint Board overspends the council will meet around 37% of the additional costs incurred.

(e) Staffing Implications No staffing implications arise directly from this report.

(f) Property No property implications arise directly from this report.

(g) Equalities/Socio Economic Impact No equalities implications arise directly from this report.

(h) Consultations Consultation concerning Revenue Budget Monitoring is an on-going process with budget managers across the Council. CMT and Heads of Service have also been consulted in the preparation of this report and any comments incorporated.

11. CONCLUSION

11.1 The financial position of the Council at the end of December 2018 is an overspend against General Services Revenue Budget of £1,070,000 (including services delivered on behalf of the Moray Integration Joint Board).

11.2 Variations in General Revenue Grant totalling £204,000 have been notified to the council.

11.3 Additional budget pressures of £1,550,000 for Council services are noted. The estimated out-turn position consists of an overspend of £1,577,000 plus an overspend of £555,000 relating to MIJB, a total of £2,132,000. This will result in a call on general reserves.

11.4 Release of £255,000 from provisions is recommended to meet previously identified budget pressures which can now be quantified sufficiently to warrant budget adjustment, and a further £679,000 balance of provisions is recommended to be taken as savings.

Author of Report: Deborah O’Shea, Principal Accountant Background Papers: Held by author Ref: DOS/LJC/

Page 164 Item 11 APPENDIX 1 MORAY COUNCIL - APPENDIX 1 1.0% 6.1% BUDGET MONITORING REPORT Budget YTD 20.7% QUARTER 3 to 31 DECEMBER 2019 1.2% % of Total 16.5% Revised Budget Budget to 31 Dec Actual & Year to date 2018/19 2018 Committed to variance 7.2% Service 12.0% £000s £000s 31 Dec 2018 £000s 1.8% £000s Lifelong Learning Culture & Sport 10,550 8,513 8,535 (22) 31.2% Integrated Children's Services 30,206 22,838 23,486 (648) Schools 58,728 43,174 42,431 743 2.4% General Services Housing & Property 3,170 3,258 2,854 404 Direct Services 23,440 16,645 16,748 (103) Lifelong Learning Culture & Sport Integrated Children's Services Schools Development Services 3,527 2,518 2,445 73 General Services Housing & Property Direct Services Development Services Corporate Services 10,950 10,005 9,896 109 Corporate Services Chief Executive Other Services Chief Executive 2,091 1,610 1,637 (27) Health & Social Care Other Services 1,994 1,401 1,463 (62) SERVICES excl HEALTH & SOCIAL CARE 144,656 109,962 109,495 467 1.0% 6.1% Actual YTD 1.2% 21.6% Health & Social Care 39,211 28,621 30,158 (1,537) % of Total 16.8% 7.1% TOTAL SERVICES incl HEALTH & SOCIAL CARE 183,867 138,583 139,653 (1,070) 12.0% 1.8% Loans Charges 14,525 0 0 0 30.4% Provision for Contingencies and Inflation 2,176 0 0 0 Additional Costs 1,166 0 0 0 2.0% Unallocated Savings 190 0 0 0 Lifelong Learning Culture & Sport Integrated Children's Services Schools TOTAL PROVISIONS 3,532 0 0 0 General Services Housing & Property Direct Services Development Services Corporate Services Chief Executive Other Services TOTAL GENERAL SERVICES EXPENDITURE 201,924 138,583 139,653 (1,070) Health & Social Care

Commentary on Quarter 2 Performance Lifelong Learning YTD Actual Variance to Budget (excl Loans & Provisions) Culture & Sport The major variances are:- 1,000 Integrated Children's Out of Area placements for Integrated Childrens service overspend, marginally offset by underspend in Children Services with Disabilities Residential Schools 500 Devolved school budgets are underspent for both primary and secondary General Services Housing & Property 0

Direct Services overspend in Waste Management Direct Services

Moray Integrated Joint Board is overspent to date, the figure reported here is the Council's element of the Health Development (500)

& Social Care budget. Services £000's Corporate Services (1,000) Chief Executive

(1,500) Other Services

Health & Social Care Page 165 (2,000)

Page 166 APPENDIX 2 MORAY COUNCIL - APPENDIX 2 1.0% 5.2% BUDGET MONITORING REPORT Budget 2018/19 19.4% 1.0% QUARTER 3 to 31 DECEMBER 2018 % of Total 15.0% Revised Budget Estimated AnticpatedItem 11 Variance vs Base 5.4% 2018/19 Outturn 2018 Variance £000s Budget Service 11.6% £000s £000s % 1.7% Lifelong Learning Culture & Sport 10,550 10,517 33 0.3% 29.1% Integrated Children's Services 30,206 31,005 (799) (2.6)% Schools 58,728 58,767 (39) (0.1)% 1.6% General Services Housing & Property 3,170 2,995 175 5.5% Direct Services 23,440 23,951 (511) (2.2)% Lifelong Learning Culture & Sport Integrated Children's Services Schools Development Services 3,527 3,455 72 2.0% General Services Housing & Property Direct Services Development Services Corporate Services 10,950 10,559 391 3.6% Corporate Services Chief Executive Other Services Chief Executive 2,091 2,084 7 0.3% Health & Social Care Other Services 1,994 2,033 (39) (2.0)% SERVICES excl HEALTH & SOCIAL CARE 144,656 145,366 (710) (0.5)% 1.0% 1.0% 5.1% Est Outturn 19.9% Health & Social Care 39,211 40,882 (1,671) (4.3)% Adjustment to reflect cost sharing agreement 1,116 % of Total 5.1% 15.1% 1.7% TOTAL SERVICES incl HEALTH & SOCIAL CARE 183,867 186,248 (1,265) (0.7)% 11.7%

Loans Charges 14,525 14,131 394 2.7% 28.6% Provision for Contingencies and Inflation 2,176 3,952 (1,776) (81.6)% Additional Costs 1,166 841 325 27.9% Unallocated Savings 190 0 190 100.0% 1.5% TOTAL PROVISIONS 3,532 4,793 (1,261) 6,054 Lifelong Learning Culture & Sport Integrated Children's Services Schools General Services Housing & Property Direct Services Development Services TOTAL GENERAL SERVICES EXPENDITURE 201,924 205,172 (2,132) 207,304 Corporate Services Chief Executive Other Services Funded By: Health & Social Care

Scottish Government Grant 155,862 155,862 0 0.0% Est Outturn Variance to Budget (excl Loans & Provisions) Lifelong Learning Council Tax 39,555 39,555 0 0.0% Culture & Sport Funded From Reserves: 500 Integrated DSM 448 448 0 0.0% Children's Services General 6,059 9,307 (3,248) (53.6)% H&SC adjustment 1,116 0.0% Schools 0 TOTAL FUNDING 201,924 205,172 (2,132) (1.1)% General Services Housing & Property

Direct Services

(500)

Commentary on Quarter 2 Performance Development Services Major variances are:- £000's (1,000) Corporate Services Out of Area placements forecasted to be £1.2m overspent by end of the year, offset by underspends in Children with Disabilities Residential and also a one off refund from Action for Children residential contract Chief Executive Direct Services overspend in Waste Management (1,500) Other Services Moray Integrated Joint Board is forecast to overspend, the figure reported here is the Council's element of the Health & Social Care budget. Health & Social Care (2,000)

Page 167

Page 168 Item 11

£000s Allocated Provisions for Additional Savings Budget Loan Depreciation Total Budget Budget Contingencies costs Charges and Inflation £000s £000s £000s £000s £000s £000s £000s £000s

14 February 2018 182,089 3,000 6,264 (6,253) 185,100 14,005 199,105 School carry forwards 448 448 448 Additional GRG 678 678 678 Variance review 137 Adjustment 1 (2,130) (692) (3,452) 5,609 (665) 720 55 Funded from reserves - approved MC 500 500 500 28/06/18 Funded from reserves ELC 196 196 196

Moray Council 5 September 2018 181,103 2,308 3,627 (644) 186,257 14,725 0 200,982

Adjustment 2 651 (254) (1,113) 716 0 0 0 Funded from Reserves 20 20 20 Additional GRG 102 102 102 Adjustment for PEF funding 568 0 568 568

P&R Committee 27 November 2018 182,342 2,054 2,616 72 186,947 14,725 0 201,672

APPENDIX 3 Adjustment 3 1,614 122 (1,654) 118 200 (200) 0 Increase in GRG: Adjustment re NQT redetermination 204 204 204 Funded from Reserves 48 48 48

P&R 12 February 2019 184,004 2,176 1,166 190 187,399 14,525 0 201,924

Page 169

Page 170 APPENDIX 4

ALLOCATIONS FROM PROVISIONS SINCE

Provision for Contingencies and Inflation Committee £000s £000s reference

Balance at 30 September 2018 Item 112,054 Findochty BC insurance recovery N/A 20 Allectus election software in house N/A 18 Maximum Basic Scale (MBS) Primary & Secondary N/A 4 NDR refunds N/A 81 Other N/A (1) 122 Balance at 30 December 2018 2,176

Additional Costs £000s £000s

Balance at 30 September 2018 2,616 Movements in General Revenue Grant NQT redetermination 204 204

Allocations to Departments Implementing the Carers Act MC 14/02/18 (1,000) Temporary accommodation (80) Early Learning Childcare expansion (65) NQT redetermination posted to department (177) School roll numbers (34) Children in transition to Adult services P&R 27/11/18 (123) Set up costs for green waste charging P&R 27/11/18 (30) Loss of MOW income for catering P&R 27/11/18 (78) Catering loss of income from restructure of school week MC 14/02/18 (67)

(1,450) Balance at 30 December 2018 1,166

Savings & Charges £000s £000s

Balance at 30 September 2018 72

Savings identified when budget set: Permanent savings taken MC 14/02/18 50 Savings exceeding target MC 14/02/18 3

Savings identified after budget set: Buckie Town House facilities saving N/A 7 Energy savings P&R 2/10/18 3 Water savings - Education P&R 27/11/18 12 School transport contract savings (part year) N/A 38 113 New Charge Residential caravan licenses P&R 27/11/18 5

Balance at 30 December 2018 190

Funded from Reserves

Transformation IESE MC 28.6.18 28 Moray Growth Deal MC 28.6.18 20 48

Page 171

Page 172 Item 11

BUDGET PRESSURES AND NEW DUTIES

Ref Description Para Amount Reasons Qtr 3 Ref £000s BUDGET PRESSURES RECOGNISED WHEN BUDGET SET Energy 1 Energy performance certificates 80 £31,000 recommended for release in 2018/19 and note £35k wil be required in 2019/20 Schools 4 Elgin High School - facilities management 15 Not required, recommend take as a saving 5 Elgin High School increase in NDR costs 15 One-off budget pressure, recommended for release

6 Increase in NDR costs for refurbished 44 One-off budget pressure, recommended for release primaries 7 Change in school roll numbers 508 No further funding required, recommend take the balance as a saving 10 Restructuring school week - transport (13) Reported P&R 27.11.18 11 Teachers pay award 57 Provision not required in full. Recommend take the balance as a saving Social Work Transition costs into adult social care 77 Business cases received from MIJB, £55,804 recommended to be released, services the balance to be held centrally Income 17 Deferred income relating to permanent care 50 not required, recommend take as a saving pre inception of MIJB Corporate Services 20 Insurance premium tax (8) Reported P&R 27.11.18

21 Gaelic plan 40 Costs are as yet unknown and the provision will continue to be held centrally

APPENDIX5

Additional pressures Agreed at MC Special meeting 28.6.18 137 Op position adjustment Apprentice levy (413) ERDMS extension (76) Loss of MOW income P&R (78) All released 27.11.18 Green waste set up costs P&R (30) 27.11.18

Page 173 FUNDING FOR NEW DUTIES Implementing Carers' Act 154 Recommend £109k release to MIJB. £44,000 agreed for ICS but is unlikely to be required in 2018/19 but will be needed in 2019/20

APPENDIX5 British Sign Language 11 no requirement identified yet Temporary accommodation 22 Recommend take the balance of £22k as a saving Sensory impairment 6 no requirement identified yet ELC expansion 541 £247k drawn down to date and an additional £110k received from the government. Plans are now in place to utilise all the funding in 18/19. NQT redetermination 27 not required, recommend take as a saving

Total 1,166

Page 174 Item 11

SAVINGS

Ref Description Amount Reason for balance Qtr 3 £000s RECOGNISED WHEN BUDGET SET Lifelong Learning, Culture and Sport Closure/CAT Dufftown CC 4 Closure/CAT Cullen CC 21 Closure/CAT Elgin Town Hall 64 Closure/CAT Forres Town Hall 24 £78.5k savings have been processed. Balance to cover the Closure/CAT Findochty Town Hall 2 maximum deficit funding Closure/CAT Cullen Town Hall (2) Closure/CAT Fisherman's Hall 24 Closure/CAT Longmore Hall 11 Less allowance for future council lets of Elgin Town Hall (15) General Service Housing & Property Service Rental income from new industrial sites / units 18 delayed and will not be achieved in 2018/19 Estates rental review 50 potential review increase offset by voids Direct services Three weekly waste collection 11 Fuel savings unlikely to be achieved. As there has been limited use of smaller, more efficient vehicles. Roads Restructure 43 Not achievable (only £17k achieved from £60K) Fleet Restructure 50 Workshop CMP implemented wef 1 Nov 2018.

School Crossing Patrollers (balance of saving) 33

Cross Departmental Charges (2) APPENDIX6 Balances from rounding 11 Balances from emergency savings (5) Less additional savings as detailed in P&R 27.11.18 (471) Less additional savings as detailed in Appendix 3 (61)

Total (190)

Page 175

Page 176 Item 11 APPENDIX 7

General Reserves Committee Approved Budget reference released £000s £000s

General Reserves @ 1 April 2018 17,095

Less commitments against reserves when budget was set: To balance the 2018/19 budget MC 14/02/18 4,726 Approved in prior years: PEF funding c/fwd MC 03/02/16 568 568

Budget reduction from variance report (137) (137)

Funding from reserves approved in 2018/19: Benefits Welfare Reform MC 28/06/18 8 8 Roads maintenance MC 28/06/18 231 231 Community Planning MC 28/06/18 48 48 Syrian resettlement programme MC 28/06/18 20 20 Elgin High School replacement MC 28/06/18 180 180 Building financial resilience MC 28/06/18 5 5 Discretionary Housing payments MC 28/06/18 29 29 521 521 Transformation IESE MC 12/12/18 700 28 Moray Growth deal MC 12/12/18 47 20 Strain on the fund costs MC 12/12/18 1,737 - 3,005 569

Approved use of reserves 8,162

Estimated out-turn - variance to be met from 2,132 reserves

Use of Capital Receipts (500)

Free balance @ 31 December 2018 7,301

Page 177

Page 178 Item 12

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: CORPORATE SERVICES PERFORMANCE REPORT – APRIL TO SEPTEMBER 2018

BY: CORPORATE DIRECTOR (CORPORATE SERVICES)

1. REASON FOR REPORT

1.1 The purpose of this report is to outline the performance of the service for the period from April to September 2018.

1.2 This report is submitted to Committee in terms of Section III A (64) and A (65) of the Council's Administrative Scheme relating to the development and monitoring of the Council’s Performance Management Framework and to contribute to public performance reporting.

2. RECOMMENDATION

2.1 It is recommended that the Policy and Resources Committee:-

(i) scrutinises performance outlined in this report;

(ii) notes the actions being taken to seek improvements where required;

(iii) approves the following change to the Financial Services Service Plan; and

Priority 3: Progress Phase 1 of the new HR/Payroll system Aim: to deliver an efficient, integrated HR / Payroll system, meeting all statutory requirements.

(iv) approves the following change to the Democratic Services Service Plan aim to include reference to the support given to the Returning Officer:

Aim: to provide efficient, cost-effective support for committees and provide Registrar services for Moray residents as efficiently as possible, and provide support to Returning Officer in the organisation and administration of all elections.

Page 179

3. BACKGROUND

3.1 The revised performance management framework was approved at a meeting of The Moray Council on 22 May 2013 (item 8 of the minute refers). As a result, performance will be reported on a 6 monthly basis. 3.2 The Policy and Resources Committee at its meeting on 9 April 2013 (para 7 of the minute refers) approved the development of a quarterly monitoring document which will provide supporting information for the Performance Management Framework and 6-monthly performance reports will refer to the document. 3.3 This report sets out progress against service plans for Legal and Democratic Services, Financial Services and HR&ICT, which together form the Corporate Services Departmental Service Plan. 4. PERFORMANCE AGAINST SERVICE PLAN OBJECTIVES

Number of Number of Service Plan Progress Actions Actions Overdue Completed Corporate Services' Service Plan 2018-19 8 7 0 0 7 5 0 0 1 2

4.1 Progress of the Corporate Services’ Service Plan (40%) is broadly on schedule at the end of the first 2 quarters of 2018/19. The ICT Service Plan was planned to be 25% at the mid-point of the financial year, so is on track to be completed as scheduled. The Corporate Workforce Plan is progressing behind schedule for the reasons provided in the HR Pressures Report, which was submitted to the Policy & Resources Committee on 27 November 2018.

Human Resources Service - Corporate Workforce Plan

4.2 The Corporate Workforce Plan is progressing behind schedule (34% at the end of quarter 2) due to a combination of factors, including managing the workforce implications of the budget proposals with services, sickness absence of key staff and the impact arising from the current acting up arrangements for the Head of Service. The Human Resources Service Pressures Report, which was submitted to the Policy & Resources Committee at their meeting held on 27November 2018, provided members with full details.

4.3 The impact on achieving the aims of the plan is considered below for each of the priorities in the Workforce Plan.

Page 180

• Priority 1: Workforce Transformation and Change Aim: to manage the contraction and re-shaping of the Council workforce to achieve a sustainable skilled and motivated workforce for the future aligned to the Council’s priorities.

• Progress on the actions that contribute to this priority is on schedule (48%). There are no actions that are behind schedule or overdue. • Following the review of “Transform” in August the programme continues to be used to support the workforce whose posts are at risk as a result of the budget proposals (Action CPS18HR01.01).

• Priority 2: Employee Culture Engagement/Morale and Motivation Aim: to continue to develop effective communication and engagement across the workforce to sustain and improve engagement in a challenging environment and continue to develop a positive workforce culture.

• Progress against the aim is currently assessed as 56%, which is slightly ahead of schedule for this stage of the year. • A number of milestones have been completed, or are underway: o Employee conference (Action CPS18HR02.01b), o Bright Ideas (Action CPS18HR02.01c), and o Star Awards (Actions CPS18HR02.01d) • A number of actions are behind schedule or overdue: o The Leaders Symposium is on hold (Action CPS18HR02.01e). See the HR Pressures Report for details. o The Moray Management Methods training package is now being delivered on a regular basis. in Q3s (Action CPS18HR02.03).

• Priority 3: Developing Leadership Capacity. Aim: to prepare and develop current and future leaders to meet the demands of local government of the future to ensure the continuous improvement of services.

• A programme of blended training has been agreed using a range of external providers (Action CPS18HR03.01). Impact will be monitored as the programme is implemented. • However, there are some actions that are behind schedule or overdue: o The provision of management and supervisory training to address management standards and a more positive workforce culture has impacted by the budget savings activity within departments. Remedial action is being planned in conjunction with service managers. (Action CPS18HR03.02).

Page 181

o For elected member development to supplement the training offered self-directed development was agreed as part of the HR Service Pressures Report highlighted previously. (CPS18HR03.03).

• Priority 4: Workforce/Employee Development Aim: to ensure that employees have the skills, competencies and experience required and are prepared to meet current and future requirements.

• Progress has been impacted by the HR pressures reported and the freeze on freeze on training spend which restricts spend to essential training. (Actions CPS18HR04.01, CPS18HR04.02 & CPS18HR04.04).

• Priority 5: Health and Wellbeing Aim: to pro-actively support the health and well-being of employees.

• Support has been given to managers, particularly in high absence areas (such as Care at Home). Further support is planned to take place during the second half of the year working with managers in targeted areas (Action CPS18HR05.01). • Over the past 2 years the number of health and safety incidents reported across the Council has shown a generally downwards trend (with the exception of quarter 4 2017/18 – see Figure 1). This may be indicative of an improving safety culture, with staff implementing the health and safety system effectively.

Figure 1: Number of Health and Safety Incidents Reported (Moray Council)

• Two of the actions in support of this priority are behind schedule: sharing Health and Safety lessons (Action CPS18HR05.04) and Contractor Control (Action CPS18HR05.06). o Health and Safety lessons so far have been shared through articles in Connect magazine and manager’s briefings. Implementation of contractor control measures is awaiting confirmation from managers

Page 182

involved in higher risk area procurement activities that good practice is being used.

• Priority 6: Workforce and Succession Planning Aim: to address workforce issues in relation to demographic changes and skill shortages and develop strategies to address the consequences.

• Action against this priority is still at an early stage. The action to develop and implement a corporate approach to apprenticeships is behind schedule, due to issues raised in the Human Resources Service Pressures Report. (Action CPS18HR06.01).

• Priority 7: Recruitment and Retention Aim: to ensure that Council Services are as well-resourced as possible by making the Moray employment package as attractive as possible and deploying appropriate recruitment strategies.

• Little progress has been made on the Recruitment and Retention priority (6%) with 2 of the 3 actions on hold (Actions CPS18HR07.01 & CPS18HR07.02).

• Priority 8: Reward and Recognition Aim: to have in place fair and competitive pay and conditions that are recognised as such and are free of bias.

• Very little progress has been made on this priority (8%) in the first half of 2018/19. The Human Resources Service Pressures Report, Appendix 1, identified what work is now on hold and what has been prioritised for progression.

Information and Communication Technology (ICT) Objectives

4.4 The ICT Service Plan is due to be completed in September 2019, and the 25% progress reported at the end of quarter 2 is close to the planned schedule.

• Priority 1: Transformation Aim: to create a digital first approach to improve efficiency by delivering more services online; supporting flexible and mobile working; and improving capabilities for shared working within the Moray IJB.

• Work to extend the availability of online services available to the public is making good progress and is enabling the public to undertake more transactions using the customer portal (Action CPS18ICT01.02). In addition, work is nearly complete to enable Council employees to access

Page 183

Interchange away from the office (Action CPS18ICT01.04). Progress on installing improved digital infrastructure continues on schedule and is expected to meet the objectives of the ICT Strategy for Schools and Curriculum Development as planned (Action CPS18ICT01.06).

• Priority 2: Decision Support Aim: to optimise the use of data by services, elected members and the public; data will be requested once, will be available to all who need it, and accurate and timely information will be readily accessible.

• This priority is planned to be delivered by the end of September 2019, and work is on schedule. • The actions to enable data to be shared with council services and partner organisations is making good progress (Action CPS18ICT02.02), as is the project to enable digital dashboards for staff, elected members and the public to view data and to better understand the underlying trends within their service (Action CPS18ICT02.03).

• Priority 3: Compliance Aim: to ensure the Council’s ICT infrastructure and systems are secure, meet the required accreditation standards, are robust, and consistently supported; to implement a secure email solution to ensure continued communication with other government bodies.

• Again, this priority is planned to be delivered by the end of September 2019, and work is on schedule • Work is progressing well on migrating the Council to the next generation secure email for the Public Service Network (Action CPS18ICT03.04). The project to migrate from Windows 7 to Windows 10 (and Office 2010 to Office 2016) is about to be initiated (Action CPS18ICT03.02), and preliminary discussions with suppliers on finding a suitable replacement for the corporate firewall have begun (Action CPS18ICT03.03).

• Priority 4: Forward Planning Aim: to assess the impact of new or alternative technologies, including clod- based computing and the Internet of Things on delivering efficiency savings to the Council

• This priority too extends until the end of September 2019 and is concerned with deriving efficiencies from maturing technologies, and progress is as planned. • The action that has made the most progress is replacing the existing UNIX server (Action CPS18ICT04.03 – 55%). The review is complete, but rather

Page 184

than proceeding with the procurement and implementation as originally intended, consideration is being given to deferring any expenditure and going ahead with the final procurement in Financial Year 2019/20. Work has started on reviewing the Council’s telephony estate and drafting a video conferencing options paper (Action CPS18ICT04.06).

Financial Services

4.5 The Financial Services’ Service Plan is largely on track, with the main notable exception being progress on implementing the new HR/Payroll system. An amendment to that priority to reflect the difficulties encountered is proposed in the recommendations to this report.

• Priority 1: Support the Financial Planning Process Aim: to support elected members and budget managers with all aspects of the Financial Planning Process including the Procurement Strategy.

• Progress against the aim is on track for all but one action. Elected members requests for budget information and support have been dealt with in a timely manner (Action CPS18FS01.01).The improved format for Budget Monitoring (Action CPS18FS01.02a) was accepted by elected members and the Corporate Management Team (CMT). The Appendix to these reports now includes graphs to enable the budget variances to be easily visible. CMT have been given monthly budget overviews (Action CPS18FS01.02b). • The one action that is running behind schedule (30% complete) is the development of revised budget monitoring reports for budget managers (Action CPS18FS01.02c). Technical issues impacting on the delivery of the reports are being investigated.

• The work to implement the Procurement Strategy Action plan (Action CPS18FS01.03) is progressing to schedule.

• Priority 2: Provide financial advice/support for the Council’s large strategic projects Aim: to provide support to the council’s Transformation Boards and other Project Boards in the delivery of strategic projects.

• Progress against the aim is on schedule, with work focussed on 2 major projects: Community Asset Transfers (CAT) and the NESS energy from waste project (Action CPS18FS02). o Financial evaluation of CAT requests relating to town halls and community centres has been completed. Assessment of the financial performance of the groups over their first six months falls due shortly.

Page 185

2 further CATs have been evaluated and reported to Committee (Action Marine Park & Portknockie Tennis & Bowling Club) and a number of other Expressions of Interest have been provisionally reviewed from a finance perspective o Evaluation & technical discussion with the final 2 suppliers for the NESS energy to waste project is continuing. Issues have arisen which have further delayed the project. A report was submitted to the Special Moray Council Committee on 18 December 2018 to update members on delay.

• Priority 3: Progress Phase 2 of the new HR/Payroll system Aim: to deliver an efficient, integrated HR / Payroll system, meeting all statutory requirements.

• Phase 2 of the implementation of the Council’s new HR/payroll system is behind schedule with only 15% progress made so far (Action CPS18FS03). An implementation plan is in place and work is underway. However, progress has been delayed by resource issues.

Based on a new approach to progress outstanding developments a new plan was prepared and was submitted to the Transforming the Council Board. Progress is slow and is still concentrating on the Phase 1b operational tasks that were not completed previously. In light of this the Project Board have approved that Phase 2 is delayed until Phase 1 is signed off. Consequently, it is recommended that the Service Plan Priority 3 Action is amended to: Priority 3: Progress Phase 1 of the new HR/Payroll system Aim: to deliver an efficient, integrated HR / Payroll system, meeting all statutory requirements.

• Priority 4: VAT leisure review Aim: to investigate potential savings identified through recent VAT tribunal cases regarding the provision of leisure services and to identify associated changes to ways of working.

• This action (CPS18FS04) is progressing well (60%) with work ongoing to assess the impact of the potential VAT changes. Analysis of leisure income since 2010 is underway; this is a pre-requisite to the more detailed consideration of our next action and whether applying for a change in VAT liability at this stage will in fact deliver the required savings without impacting on our ability to recover exempt input tax.

Legal and Democratic Services

4.6 The Legal and Democratic Services’ Service Plan is making good progress and is on track to be completed by the end of the financial year.

Page 186

4.6.1 Legal Services

Aim: to provide legal support to corporate and strategic projects and changes in legislation that effect the delivery of Council services, provide training updates for Councillors, while achieving required budget savings.

• A change management plan has been develop to achieve the required budget savings (Action CPS18LD01.01), and is on track to meet the required outcomes. • The legal team has been busy providing support to the numerous Community Asset Transfer requests that have been received during the first half of the year since the decision was approved by the Moray Council in February 2018 to secure community asset transfers (CAT) of town halls and community centres as part of its budget process (Actions CPS18LD01.02 & CPS18LD01.03). • One of the actions carried over from last year was the implementation of the Idox1 licensing module to transform the Licensing Service’s processes to deliver efficiency savings and reduce the time it takes to process and resolve licensing applications (Action CPS17LD01.06). The action is 90% complete, with the module rolled out to staff, training has been undertaken and the only remaining matter for completion is the building of management indicators and PI reports into this module. It is too early to assess the impact this change will make to the effectiveness and efficiency of the Licensing team. • Note that no progress has been made so far this year on developing national Legal Services benchmarking measures, as there has been no activity nationally on this topic for over a year (Action CPS17LD01.02). Further, the Legal team are still waiting for the Appeals Committee to sit to enable the final element of training to be given to the relevant elected members (Action CPS18LD01.04).

4.6.2 Democratic Services

Aim: to provide efficient, cost-effective support for committees and provide Registrar services for Moray residents as efficiently as possible, and provide support to Returning Officer in the organisation and administration of all elections. • Two of the actions have been completed. First, implementing the committee management system (Action CPS18LD02.02), which has bedded in well and has achieved the savings in terms of the admin support provided. Second, the agreement that the existing elections management system can be updated through in-house ICT support, as the more cost- effective solution (Action CPS18LD02.03). Again, the impact of this action

1 Idox is a leading supplier of specialist software, services and content to the public sector.

Page 187

cannot be evaluated at the moment, but will be once the system has been updated and is in regular use. • The action to complete the digitisation of the burial ground records (Action CPS17LD02.05) is still being held up waiting for the contractor to complete their actions. In the meantime the team are able to work with the data that has been provided already.

4.6.3 Customer Services Aim: to support the ICT team in delivering the Digital Project, and reviewing the level of service provided to meet required budget savings.

• Work in support of the Council Tax element of the Digital Project is currently on track with the development and testing of systems to enable change of address to be advised on line and e-billing well advanced. The impact of this work and how it is received by the public won’t be known until the project has been completed and in operation (Action CPS18LD03.01). • The work that has been in place to meet housing benefit claims timescales (Action CPS18LD03.04) is showing promise with the average time for processing new claims has been maintained at 24 days in the second quarter of 2018/19 (Indicator CPS011), whilst change of circumstances are taking around 9 days on average (Indicator CPS012). • The proposals to meet the required budget savings are in place, awaiting approval.

5. SUMMARY OF PERFORMANCE

Performance Indicators

Corporate Services monitor performance through 44 performance indicators, 34 of which have targets set and 10 are contextual. A summary of performance for the 12 areas that comprise Corporate Services is below.

• Red PIs are significantly above/below the set targets • Amber PIs are just above/below the set targets • Green PIs meet or exceed the set targets • Blue PIs are contextual with no targets set

Data only

Page 188

Data Red Amber Green Only Service – Department

Performance indicators requiring monitoring (Amber)

Internal Audit

5.1 Delivery of the Audit Plan, as approved by Audit and Scrutiny Committee, covers a nine month period from June 2018 to March 2019 (Indicator FICT055). After three months, allowing for holiday profiling etc., the programme of work is just below target as at the end of the period.

Human Resources

5.2 The absence rate due to sickness for teachers rose from an average of 5.9 days per teacher in 2016/17 to 6.4 in 2017/18. This was the first recorded rise since 2014/15.

5.3 The absence rate due to sickness for the remainder of the Council staff has also risen, from 11 days per employee on average in 2016/17 to 11.5 days in 2017/18. Figure 2 shows the average number of days lost per employee from 2008/09 to 2017/18.

Page 189

Figure 2: Comparison of average number of days absence per employee due to sickness between teachers and other Council employees

Legal and Democratic Services – Customer Services

5.4 The percentage of telephone calls answered against those received (Indicator CPS058) was 91.53% compared to the target of 93%. This target has proved to be challenging, having only been exceeded once, in Qtr 1 2017/18. However, the service routinely exceeds answering 90% of all calls received.

Legal and Democratic Services – Revenues

5.5 The average time to process new housing benefits claims (Indicator CPS011) was 24.6 days, 1½ days longer than the target of 23 days, and fractionally higher than Q1(24.5 days).Note, however, that the processing time for this particular PI has reduced from 29 days in Qtr3 2017/18.

5.6 The time to process notifications of changes of circumstances in housing benefits claims (Indicator CPS012) was 9.6 days, higher than the target of 9 days, and an increase from Q1 (9.1 days). Note that the target has been gradually reducing over time, and this quarter’s performance would have met last year’s target of 11 days.

Performance indicators requiring action (Red)

Financial Services – Accountancy

5.7 IT issues prevented budget monitoring reports being issued to budget managers on time in September, which caused this PI (Indicator FS008) to achieve 66.7%, missing the target of 100% for the first time since January 2014. This is likely to be a one-off occurrence.

Page 190

Legal and Democratic Services – Customer Services

5.8 The percentage of telephone calls answered within 20 seconds (Indicator CPS059) was 63.74% this quarter, compared to the 74% target. Long-term absence due to sickness continues to adversely impact the team’s performance.

Corporate Resources

Figure 3: Improvement Service Local Government Benchmarking Framework (Indicator CORP1) – Comparison nationally over time

5.9 Support service costs for Moray Council rose again in 2016/17 to £10.42 from £10M in 2015/16. Gross expenditure rose by approximately £2M from £223M to £225M, leading to a slight increase in the percentage cost of support services for the Moray Council from 4.49% to 4.54% (Figure 3). This increase has led to Moray Council being ranked 15th out of the 32 Scottish Councils for value, compared to a ranking of 9th in 2015/16 (Figure 14); the lowest ranking for the last 7 financial years. North Ayrshire yet again leads the rankings with a figure of 2.28%, while Scottish Borders has replaced Eilean Siar in 32nd place with support service costs of 9.36% (up from 8.01% in 2015/16). Moray's support costs continue to remain below the Scottish average (which was 5% in 2016/17).

Page 191

Figure 4: Improvement Service Local Government Benchmarking Framework (Indicator CORP1) – Comparison with other Local Authorities (2016-17)

Complaints

5.10 There were 24 complaints received by Corporate Services during the six month period to the end of September 2018. 24 complaints were responded to during the same period; 15 (out of 21) frontline within the 5 working days target and all 3 investigative complaints within the 20 working day target. There were no escalated investigative complaints. 12 complaints (50%) were upheld and 2 (8.3%) were part upheld.10 complaints were not upheld (41.7%) (Figure 5).

Figure 5: Total number of complaints received quarterly by Corporate Services (Q4 2013-14 to Q2 2018-19)

6. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Performance measurement is used to ensure the efficient and sustainable delivery of services to meet the Council’s priorities in the Corporate Plan and the 10 Year Plan (Local Outcomes Improvement Plan).

Page 192

This report identifies the areas of the Service Plan that have fallen behind schedule and where more work is required.

(b) Policy and Legal None

(c) Financial implications None

(d) Risk Implications None

(e) Staffing Implications None

(f) Property None

(g) Equalities/Socio Economic Impact An Equality Impact Assessment is not needed because the report is to inform the Committee on performance.

(h) Consultations Corporate Services Service Managers and Heads of Departments were consulted

7. CONCLUSION

7.1 Performance during the first of 2018/19 is broadly as expected. 76% of the performance indicators with targets met or exceeded those targets. The work to implement all the actions contained in the Corporate Services Service Plan achieved 40% progress for the half-year; 7 out of 109 actions were completed (6.4%); 55 actions were 50% or more complete; and 8 were overdue (7.3%). Mitigating actions have been identified for overdue service plan actions. In particular, the Human Resources team have reviewed the demands on the service in light of the preparations for the 2019/20 and 2020/21budget savings and revised the workforce plan accordingly. Eighteen out of 24 complaints were responded to within target timescales (75%).

Author of Report: Denise Whitworth Background Papers: Held by Carl Bennett, Research and Information Officer

Page 193

Page 194 Item 12 APPENDIX – LIST OF OVERDUE SERVICE PLAN ACTIONS

WORKFORCE PLAN

Code Title Progress Original (at 31 Sept 2018) Due Date CPS18HR01.01a Transform programme reviewed 60% 31 Aug 2018 CPS18HR01.03a1 HR Support to Moray IJB 50% 28 Sep 2018 CPS18HR02.01d STAR Awards 66% 28 Sep 2018 CPS18HR02.02a 2017 areas for expansion of focus groups identified from 2017 survey 50% 30 Apr 2018 results CPS18HR02.02c Positive workforce management toolkit 80% 31 July 2018 CPS18HR02.02d Employee handbook developed and 80% 30 Sep 2018 implemented CPS18HR05.02a Health and safety workplace 80% 28 Sep 2018 representatives identified

ICT SERVICE PLAN

Nil at the end of September 2018

FINANCIAL SERVICES

Nil at the end of September 2018

LEGAL AND DEMOCRATIC SERVICES

Code Title Progress Original (at 31 Sept 2018) Due Date CPS17LD01.06 Look at IDOX module for licensing 90% 30 Sep 2018

Page 195

Page 196 Item 13

REPORT TO: POLICY AND RESOURCES COMMITTEE ON 12 FEBRUARY 2019

SUBJECT: CHIEF EXECUTIVE’S OFFICE PERFORMANCE REPORT – APRIL TO SEPTEMBER 2018

BY: CHIEF EXECUTIVE

1. REASON FOR REPORT

1.1 The purpose of this report is to outline the performance of the service for the period from 1 April to 30 September 2018.

1.2 This report is submitted to Committee in terms of Section III (A) (64) and (A) (65) of the Council's Scheme of Administration relating to the development and monitoring of the Council’s Performance Management Framework and to contribute to public performance reporting.

2. RECOMMENDATION

2.1 It is recommended that the Policy and Resources Committee:

(i) scrutinises performance outlined in this report;

(ii) notes the actions being taken to seek improvements where required;

3. BACKGROUND

3.1 The revised Performance Management Framework was approved at a meeting of Full Council on 22 May 2013 (paragraph 8 of the Minute refers). As a result, performance will be reported on a 6 monthly basis.

3.2 The Policy and Resources Committee at its meeting on 5 November 2013 (item 12 refers) approved the development of a quarterly monitoring document which will provide supporting information for the Performance Management Framework and 6 monthly performance reports will refer to the document.

Page 197

3.3 The Policy and Resources Committee at its meeting on 4 August 2015 (paragraph 13 of the Minute refers) approved a change to the Chief Executive’s performance indicators for 2015/16. These remained unchanged for 2017/18.

3.4 The Policy and Resources Committee at its meeting on 7 June 2016 (para 10 of the Minute refers) approved the Chief Executive’s Office: Plan 2016-2019.

4. SUMMARY OF PERFORMANCE

4.1 The tables below summarise performance: –

Performance Indicators Service No. of Green Amber Red Annual Indicators Performing Close Action or Data Well Monitoring Required Only Chief Executive’s 4 2 0 0 2 Office Total this period 4 2 (50%) 0 (0%) 0 (0%) 2 (50%)

4.2 Performance measurement involves 4 indicators. At the mid-point of the financial year, two indicators with set targets were performing well (Indicators CE068 Complaints Customer Satisfaction Index and CE069 Cost of Outsourced Print Room Work as a percentage of Print Room expenditure).

4.3 Three of the Chief Executive’s Office indicators are benchmarked against the national framework:

• Complaints received per 1,000 population (CE070) • The average time in working days for a full response to complaints at Frontline Resolution stage (CE073) • The average time in working days for a full response to complaints at Investigative Stage (CE074)

Moray Council (2017/18) Scottish Average (2017/18) Complaints received per 5.75 per 1,000 population 11.6 per 1,000 population 1,000 population Average time in working days for a full response 4.9 8.3 to complaints at Frontline Resolution stage Average time in working days for a full response 21.9 23.6 to complaints at Investigative Stage

Moray Council (2016/17) Scottish Average (2016/17) Complaints received per 4.31 per 1,000 population 14.1 per 1,000 population 1,000 population Average time in working 3.6 7.5 days for a full response

Page 198

to complaints at Frontline Resolution stage Average time in working days for a full response 19.7 19.4 to complaints at Investigative Stage

4.4 The Chief Executive’s Office received no complaints in the six month period from 1 April to 30 September 2018.

5. PERFORMANCE ANALYSIS

Corporate Policy Unit

5.1 Performance Management Framework: After CMT considered revised Performance Management Framework it was referred to the Improvement Service (the national improvement organisation for local government in Scotland) to provide tailored critical friend support on the council’s performance management arrangements.

5.2 Moray 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Performance Management Framework (PMF): Following the publication of the LOIP in February 2018 the Community Planning Partnership agreed the Performance Management Framework to be used to monitor and report progress against the outcomes in the LOIP. However, as reported to the Community Planning Board in November 2018, the supporting performance information to enable its monitoring is not complete, with the majority of the detail and the measures to be used not provided by all of the partners.

5.3 Poverty Strategy: The Corporate Policy Unit (CPU) Manager is supporting in the development of a poverty strategy.

5.4 Community Engagement Group: A draft action plan has been developed and was approved by the Group in December 2018.

5.5 Community Profiles: Two presentations have been given to support the re- launch of the Locality Management Groups.

5.6 Impact of Budget Savings: The medium-term impact on the CPU of the changes being put forward as budget savings will be a significant reduction in capacity of the team, and the work undertaken by the team will require to be refocussed on corporate priorities. There will be limited capacity to provide services with the same level of assistance they currently receive.

5.7 Connect magazine: In July Moray Council’s Connect magazine, produced in- house by the Communications and Design team, was shortlisted in the Chartered Institute of Public Relations Pride awards Best Publication category. Since then there have been approaches from a number of other public sector organisations across the UK looking to use Connect as a benchmark for best practice and a baseline for improving their own internal magazines.

Armed Forces Covenant

Page 199

5.8 The Armed Forces Covenant Development Officer, funded by the Ministry of Defence’s Covenant Fund, has been supporting both Moray Council and Highland Council with fulfilling the government’s promise to those serving, past and present that they and their families are guaranteed to be treated fairly.

5.9 Over the last few months, the work has concentrated on developing a stand- alone microsite for the Armed Forces community in Highland and Moray - http://www.armedforcesmorayandhighland.co.uk/. The site provides streamlined information, advice and guidance on where to get help on a variety of everyday matters that might be useful for the Armed Forces community already living in the area, or for those planning to move here. The site will be launched by the end of 2018. The development of the site has been funded by a grant from the Armed Forces Covenant Fund Trust Local Grants programme.

5.10 Collaboration with organisations that support the local Armed Forces community have been extended and opportunities to create new networks of interested stakeholders have been forged to ensure that service providers are able to work more effectively and to avoid duplication of effort.

Early Learning and Childcare Project

5.11 The Scottish Government is committed to providing 1,140 hours of early learning and childcare per year for all 3 and 4 year olds in Scotland, by 2020. To support the delivery of this commitment in Moray a Communications and Engagement Officer was appointed in November 2017. The role is focussed on communicating and engagement with parents, partner providers, future workforce and other stakeholders such as councillors, MPs/MSPs and Moray College UHI.

5.12 Phase one of delivering the increased funded early learning and childcare (ELC) required extensive engagement with the local community. This was key to ensuring the new local authority nursery, Lady Cathcart in Buckie, was fully integrated into the scheme and to encourage new registrations.

5.13 From August 2019 Moray Council will be delivering increased hours. Public information sessions were undertaken to inform parents and the community of this ahead of the January 2019 registration week. A new information booklet for parents detailing the changes and their choices in ELC has been developed and is currently being circulated.

5.14 A period of pre-consultation is currently underway to gauge opinion locally on merging a number of local authority nurseries with partner providers where they currently either share a local authority building or are operating under capacity.

5.15 Continued dialogue with Moray College UHI and ELC employers has led to a number of alterations to the curriculum and delivery of ELC courses through Moray College UHI with a new Men in Childcare course being developed and due to begin in January 2019. Various careers events and promotions

Page 200

(including an ELC careers pop-up shop in the St Giles Centre and sector day) have also led to a successful increase in the number of HNC Early Education & Childcare students enrolling at Moray College UHI, bucking the national trend where the number of students on this course decreased across Scotland - in Moray there has been an increase.

5.16 Since November 2018 the ELC Communications and Engagement officer has held a quarterly exhibit in Elgin Job Centre to promote the increased hours; eligibility for two year old funded places and ELC careers advice.

Support to the Community Planning Partnership – Developing Locality Plans

5.17 The Local Outcome Improvement Plan (LOIP) identified two areas that would benefit most from Locality Plans: New Elgin East and Buckie Central East. The Community Support Unit (CSU) has been busy during the first half of the year implementing the plan for consulting both communities. The engagements are following a 10-step process, and the interim reports have now been published for both localities.

5.18 More than 300 people have engaged with eight events held so far in Elgin, and 41 residents have volunteered to become actively involved with the project. Community representation has included Elgin’s Men Shed, the Community Council and input from partners including Health & Social Care Moray, Moray Council, Community Policing and Moray College UHI.

5.19 People and Community were highlighted as strengths within the community, while areas for improvement included green spaces, employment, health and community safety.

5.20 Meanwhile engagement in Buckie has generated more than 500 pieces of feedback from the local community on their experiences of education, involvement in the community and seeking employment locally. Events at the Buckie Royal British Legion and Portessie Public Hall Christmas Fair will build on progress so far on how to overcome local challenges and how the locality plans will progress.

Community Asset Transfers

5.21 The CSU has been supporting the Asset Management coordinator and local community groups with the transfer of property assets held by the council to the community. This work is being undertaken to meet the requirements of the Community Asset Transfer (CAT) scheme, as mandated in part 5 of the Community Empowerment (Scotland) Act 2015.

5.22 The CSU has been focussing its efforts on supporting the local community groups who are working towards the transfer of 5 town halls and 2 community centres by August 2020. The CSU has assisted these groups with obtaining a 2 year lease on the assets to enable them to prepare to take over the buildings, and have ensured support plans are in place. Further, the CSU are

Page 201

using the Scottish Council for Voluntary Organisations KeyStone management toolkit and information resource to develop the community groups and ensure they are aware of their roles and responsibilities. The aim is for each community group to have achieved the required standard to receive the KeyStone Award.

5.23 All the halls and community centres are reported to be busier with increased bookings. The buildings themselves have undergone repair and maintenance by volunteers, and have been redecorated, indicating the positive impact the groups are having now they have responsibility and feel a sense of ownership and pride in the buildings. Steady progress is being made towards the readiness for the transfer of the assets, and the groups have learned from each other as much as possible.

5.24 During the proposed visit to the Money for Moray conference (see para 5.28 below), Scottish Government Community and Local Authority Cabinet Minister Aileen Campbell visited Buckie Fisherman’s Hall in November to view the work of local community groups at first hand.

5.25 Other CATs have been supported in addition to the town halls and community centres and 2 have completed the process successfully and have been transferred: the Action Marine Park in Lossiemouth (the first transfer of title through the auspices of the Community Empowerment (Scotland) Act 2015, and Portknockie Bowling & Tennis Club.

Budget Proposal Consultation

5.26 The CSU undertook public engagements in all the major towns in Moray (Aberlour, Buckie, Elgin, Fochabers, Forres, Keith and Lossiemouth) on the 2019/20 budget proposals, which were attended by 221 residents. In addition, 85 people attended the 3 focus groups that were facilitated by the CSU.

5.27 The outcomes of the budget consultations were shared with elected members in order to assist them with their decisions. A report was submitted to the meeting of the full Council scheduled on 12th December 2018, at which members considered the budget proposals.

Participatory Budgeting and Planning for Real

5.28 The Money for Moray Participatory Budgeting (PB) Team hosted a PB Conference held in Elgin Town Hall on 9 November 2018. The Scottish Government Community and Local Authority Cabinet Minister Aileen Campbell attended, and visited the Well Road Parents Group who raised over £60,000 to refurbish Well Road Play Park, Buckie. The parents were supported by CSU Staff.

5.29 PB gives people direct power to make decisions on how to spend specified budgets. So far in Moray this has been used very successfully to allocate grant funding to local groups and projects. However, there is an expectation that Local Authorities will be allocating 1% of their budgets through PB by 2021. Work on this is progressing and will be the subject of a future report.

Page 202

Equalities

5.30 Scotland for the British Deaf Association (BDA) has commended Moray Council’s British Sign Language (BSL) Plan and the approach taken by the Equalities Officer to publicise it. Firstly the BDA representative was very impressed with us having the BSL video up on our website. We are one of the first to have done so. Secondly, we were commended for having used a deaf person to sign the video, rather than an interpreter and this should be put forward as an example of good practice. Finally, the BDA representative was equally impressed with the Council making the video available through DVDs.

6. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Performance measurement is used to ensure the efficient and sustainable delivery of services to meet the Council’s priorities in the Corporate Plan and the LOIP. It has not been possible to report performance as the performance measures, and the framework for reporting still requires engagement and co-operation from the Community Planning partners.

(b) Policy and Legal None

(c) Financial Implications None

(d) Risk Implications None

(e) Staffing Implications None

(f) Property None

(g) Equalities/Socio-economic Impact An Equality Impact Assessment is not needed because the report is to inform the committee on performance.

(h) Consultations Service managers responsible for areas reported are involved throughout the reporting process. There have been no other consultations.

7. CONCLUSION

7.1 The Early Learning and Childcare Project is on target and the Community Support Unit is making good progress working on developing Locality Plans with the communities in Buckie Central East

Page 203

and New Elgin. The Community Asset Transfer process is performing as planned, with the town halls and community centres at the heart of the process working well under their new owners.

Author of Report: Corporate Policy Unit Manager Background Papers: Held by Carl Bennett, Research & Information Officer Ref:

Page 204 Item 14

REPORT TO: POLICY AND RESOURCES COMMITTEE OF 12 FEBRUARY 2019

SUBJECT: INTERNATIONAL HOLOCAUST REMEMBRANCE ALLIANCE’S DEFINITION OF ANTISEMITISM

BY: CHIEF EXECUTIVE

1. REASON FOR REPORT

1.1 Committee is asked to adopt the International Holocaust Remembrance Alliance’s definition of antisemitism.

1.2 This report is submitted to Committee in terms of Section III (B) (37) of the Council's Scheme of Administration relating to the consideration of any new policy matter which does not fall within the terms of reference of any other Committee.

2. RECOMMENDATION

2.1 The Committee is asked to approve the adoption of the IHRA’s definition of antisemitism.

3. BACKGROUND

3.1 The International Holocaust Remembrance Alliance (IHRA) is an international partnership of government representatives of 31 countries. The UK has been a member since 1998. Its aim is to strengthen, advance and promote Holocaust education, research and remembrance and to uphold the commitments to the 2000 Stockholm Declaration.

3.2 On 26 May 2016, the IHRA decided to adopt the following working definition of antisemitism: Antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and physical manifestations of antisemitism are directed towards Jewish or non-Jewish individuals and/or their property, towards Jewish community institutions and religious facilities.

3.3 The IHRA clarifies that manifestations of antisemitism might include the targeting of the state of Israel conceived as a Jewish collectivity. However, it emphasises that criticism of Israel similar to that levelled against any other country cannot be regarded as antisemitic. Examples of antisemitism include, Page 205

but are not limited to denying that the Holocaust took place, drawing comparisons of contemporary Israeli policy to that of the Nazis or making mendacious, dehumanizing, demonizing, or stereotypical allegations about Jews.

3.4 The IHRA’s definition of antisemitism is not legally binding but has a legal foundation in legislation such as the Equality Act 2010 and the Human Rights Act 1998. Where criminal acts are committed that are motivated by a prejudice against Jews, the courts will have to take such aggravations into account when determining sentence.

3.5 All incidents involving antisemitism must, like any incident involving one of the characteristics protected under the Equality Act 2010, be reported to the Equal Opportunities Officer using the Equality Incident Monitoring Form.

4. SUMMARY OF IMPLICATIONS

(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) The proposal will assist in ensuring that Moray offers caring and healthy communities for all of our citizens.

(b) Policy and Legal Antisemitism is unlawful under the Equality Act 2010.

(c) Financial implications There are no financial implications to this proposal.

(d) Risk Implications There are no risks associated with adopting the IHRA’s definition of antisemitism.

(e) Staffing Implications There are no staffing implications.

(f) Property There are no implications for council property.

(g) Equalities/Socio Economic Impact Adopting the IHRA’s definition of antisemitism will assist in meeting the public sector equality duties of giving due regard to the need to eliminate discrimination, harassment and victimisation and to the need to foster good relations between various groups protected on the grounds of race.

(h) Consultations There has been no consultation on adopting the definition.

5. CONCLUSION

5.1 Committee is asked to agree that antisemitism is a certain perception of Jews, which may be expressed as hatred towards Jews. Rhetorical and Page 206

physical manifestations of antisemitism are directed towards Jewish or non-Jewish individuals and/or their property, towards Jewish community institutions and religious facilities

Author of Report: Equal Opportunities Officer Background Papers: Ref:

Page 207

Page 208