Agenda Document Pack - Council - 27/03/2025
North Lanarkshire Council · 27 March 2025
Back to Council — 27 March 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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18 March 2025 Members of the Council Chief Executive’s Office Archie Aitken Chief Officer (Legal & Democratic) Civic Centre, Windmillhill Street, Motherwell ML1 1AB www.northlanarkshire.gov.uk Notice is given that a Meeting of the Council is to be held in the Council Chamber, Civic Centre, Windmillhill Street, Motherwell, ML1 1AB on Thursday, 27 March 2025 at 16:00 PM which you are requested to attend. The agenda of business is attached. Des Murray Chief Executive Members : Clerk Name: Mark Hamill Clerk Telephone: 07811294702 Clerk Email: committee@northlan.gov.uk D Ashraf, A Ballinger, C Barclay, B Baudo, A Beveridge, M Boyd, H Brannan-McVey, G Brennan, B Burgess, A Bustard, J Cairns, A Campbell, T Carragher, C Costello, M Coyle, S Coyle, D Crichton, G Currie, P Di Mascio, K Docherty, K Duffy, A Duffy-Lawson, H Dunbar, T Fisher, F Fotheringham, W Goldie, H Gray, K Harmon, M Hughes, J Hume, L Jarvie, D Johnston, T Johnston, J Jones, P Kelly, J Keltie, A Khan, K Larson, J Leckie, G Lennon, J Logue, H Loughran, F MacGregor, A Masterton, M McBride, B McCluskey, A McCrory, B McCulloch, M McCulloch, P McDade, F McKay, R McKendrick, J McLaren, C McManus, M McPake, J McPhilemy, A McVey, L Mitchell, L Nolan, P Patton, C Quigley, J Reddin, L Roarty, D Robb, G Robinson, N Shevlin, W Shields, A Smith, A Stubbs, L Stubbs, R Sullivan, A Thomas, J Toner, S Watson, C Williams, N Wilson, G Woods. Page 1 of 172
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Agenda 1 Declarations of Interest In Terms of the Ethical Standards In Public Life Etc. (Scotland) Act 2000 2 Minutes of Meetings of Committees, Sub-Committees and Panels - Cycle 1 Submit volume of minutes of meetings of committees, sub- committees and panels for cycle 1 for approval in terms of standing order number 21 (copy to follow) 3 Membership of Committees, Sub-Committees, Panels, Working Group and Outside Bodies Submit proposed amendments to Membership of Committees, Sub-Committees, Panels, Working Groups and Outside Bodies (copy to follow) 4 Standards Commission Proceedings - Councillor Greg Lennon Submit report by the Chief Officer (Legal and Democratic) advising of the outcome of proceedings before the Standards Commission for Scotland in relation to a complaint that Councillor Lennon had been guilty of breaching the Councillors’ Code of Conduct and the sanction imposed. 9 - 46 5 Scheme of Delegation to Officers Submit report by Chief Officer (Legal and Democratic) seeking approval of (1) the amended Scheme of Delegation to Officers; and (2) the designated officer roles as set out sections 2.9 and 2.10 of the report. 47 - 120 Remit 6 Remit - Finance and Resources Committee - Treasury Management Strategy 2025/2026 Treasury Management and Prudential Indicators 2025/2026 to 2029/2030 Submit report by Chief Officer (Finance) seeking approval of the Treasury Management Strategy 2025/2026 and to adopt the Treasury Management and Prudential Indicators for 2025/2026 to 2029/2030. 121 - 166 Page 3 of 172
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NOTICE OF MOTIONS 7 Notice of Motion submitted by Councillor Larson and Councillor Sullivan “This Council acknowledges the low uptake of the current housing downsizing incentive scheme, which has thereby not freed up larger properties for families in need. Recognising the ongoing demand for larger family homes and the benefits of optimizing housing allocation, this Council will explore alternate options to the existing downsizing incentive. Specifically, it will consider the cost and feasibility of increasing the incentive from £1,500 to £3,500. The purpose of the proposed adjustment is to further motivate eligible residents to participate in the scheme, thereby improving the availability of larger homes for families and contributing to more efficient use of our housing stock. The Council instructs the relevant departments to bring forward a report which encompasses funding options to a future meeting of the Housing Committee” 8 Notice of Motion submitted by Councillor Carragher and Councillor D Johnston “Council understands all Council members are elected to represent the will of the electorate. Council believes in an inclusive working environment involving all members of the Council. Council notes the concern raised by Council members on the current budget setting process. Council therefore agrees the Council administration will publish a copy of their budget proposal no later than 2 weeks prior to the official budget date set by the Council each year; this will provide the opportunity for all Council members to negotiate and prepare amendments prior to the budget setting date. Council agrees this process will facilitate a more representative budget putting the wishes of people of North Lanarkshire first” Page 4 of 172
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9 Notice of Motion submitted by Councillor Carragher and Councillor A Stubbs “Council understands the Leader of the Council is responsible for the vision, policies, strategies and consequent decisions of the whole council. Council Notes the duties of the Leader of the Council include: • Ensuring the council develops and maintains a vision for the whole of North Lanarkshire and exercising leadership in all decision-making processes to support that vision. • As the primary representative of the council, promoting the Council's vision for North Lanarkshire and the policies and programmes adopted by the council • Co-ordinating the work of all conveners within the Council to ensure the effectiveness of the council as a whole and ensuring that the exercise of all of the powers of the council and delivery of all of the services for which the council is responsible best contributes to the corporate objectives of the Council • Community leadership and overseeing effective relationships with partner organisations • Promotion of an inclusive working environment involving all members of the council and in developing and encouraging effective working relationships This Council believes in transparency and accountability and agrees members of the Council should have the opportunity to question the Leader of the Council on their duties. This shall be facilitated by questions being submitted to the Chief Executive in line with the procedure for Questions to Council and will appear as an item of business on the agenda for that meeting. The Leader of the Council will provide the response orally with the opportunity for the council member to ask a supplementary” 10 Notice of Motion submitted by Councillor Carragher and Councillor A Stubbs “Council understands that Conveners act as spokespersons for the council for the service overseen by the committee they chair. Council notes the responsibilities of Conveners include: Page 5 of 172
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• acting as a link between the members of the council and council officers to ensure that decisions are made to meet the aims and priorities of the council • acting as a spokesperson for the council for the services overseen by the committee they chair • exercising leadership to ensure that decisions are made in line with corporate council policies and individual service policies • advising council officers in formal consultations on delegated powers or in taking other decisions at times when it is not possible to refer the matter for formal decision making by the Council • liaising closely with senior officers responsible for the services which relate to the committee they chair to ensure an effective working relationship and to support an inclusive working environment This Council believes in transparency and accountability and agrees members of the council should have the opportunity to question Conveners on their duties. This shall be facilitated by questions being submitted to the Chief Officer (Legal and Democratic) no later than 10 working days in advance of each committee meeting and will appear as an item of business on the agenda for that meeting. The Convener will provide the response orally at the committee meeting with the opportunity for the committee member to ask a supplementary” 11 Notice of Motion submitted by Councillor Jarvie and Councillor Sullivan “Council agrees to complete a review of the Housing Allocation points system; believes that the policy of only giving one household resident Health points may be discriminatory against those families who have more than one member with health conditions; understands that preparations were being made for a review in 2022 which were subsequently cancelled, with the costs being met from existing HRA budgets; agrees that this review will be carried out under those parameters and that the results of the review be reported to the first available meeting of the Housing Committee for approval.” Page 6 of 172
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12 Notice of Motion submitted by Councillor Toner and Councillor Ballinger "With the recent changes to the qualifying distance threshold for secondary school transport, the Education service is asked to provide an update, to the next available Education, Children and Families Committee, on what safeguards are in place to ensure those children with medical conditions which would prevent them from walking to school are protected. This would also include the considerations for those children undergoing assessment and not fully diagnosed." 13 Notice of Motion submitted by Councillor Bustard and Councillor Woods “Council acknowledges the anxiety of residents across the authority about the safety of the ‘Shawhead flyover’ of the A725, following a tragic fatal accident on the junction on 18 July 2024. Council expresses its concerns that the methodology used by Transport Scotland to record incidents on the junction significantly understates the regularity of incidents at the Shawhead flyover. Council notes the reluctance of Transport Scotland to admit substantial road safety improvements to the junction, including the installation of safety cameras, on the basis of this methodology. Council therefore requests the Council’s Roads Manager write to the Scottish Government’s Cabinet Secretary for Transport calling for the recording of incidents to be reviewed, to better reflect the profile of incidents on the Shawhead flyover” 14 Notice of Motion submitted by Councillor Fotheringham and Councillor Larson "This Council reaffirms its unwavering support for the people of Ukraine as they continue to defend their sovereignty, freedom, and democracy in the face of ongoing aggression. On the anniversary of the full-scale invasion, we stand in solidarity with Ukrainians—both those who remain in their homeland and those who have sought refuge in North Lanarkshire. We recognise the immense courage and resilience of those affected by the war and acknowledge the vital contributions of Ukrainian families within our communities." QUESTIONS Page 7 of 172
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15 Questions Received in Terms of Standing Order 51 - None Received 16 Committee Questions Log - Cycle 1 2025 Submit the Questions Log for Cycle 1 of 2025 outlining the questions asked at Committee Meetings during the cycle together with the officer responses. (A3 copy attached to agenda pack) 167 - 172 Page 8 of 172
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North Lanarkshire Council Report Council Does this report require to be approved? ☐ Yes ☐ No Ref Date 14/03/25 Standards Commission Proceedings – Councillor Greg Lennon From Archie Aitken, Chief Officer (Legal and Democratic) E-mail aitkena@northlan.gov.uk Telephone 07939 280102 1. Background 1.1 Following a complaint made by the Council’s Chief Executive to the Ethical Standards Commissioner in respect of the conduct of Councillor Greg Lennon, a report was submitted by the Commissioner to the Standards Commission. Following consideration of that report, the Commission decided to convene a Hearing before a Panel to consider the matter. 1.2 The Panel noted that the complaint included concerns about the conduct of Councillor Lennon in publishing a Facebook post and sending an email to a constituent on 22 September 2023 about the Council’s decision to review facilities. Councillor Lennon had stated in that post that the “review was initiated by the Chief Executive of North Lanarkshire Council, Mr Des Murray” and the Council Leader, and that the timing and process for the review were “suspect”, given upcoming Executive Summary The purpose of this report is to advise of the outcome of proceedings before the Standards Commission for Scotland in relation to a complaint that Councillor Greg Lennon had been guilty of breaching the Councillors’ Code of Conduct. Recommendations It is recommended that Council considers the attached Decision of the Hearing Panel of the Standards Commission for Scotland following the Hearing held in Airdrie on 10 December 2024, and notes the sanction imposed. The Plan for North Lanarkshire Priority All priorities Ambition statement All ambition statements Programme of Work All Programmes of Work Item 4 Page 9 of 172
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elections, before remarking that “one might question whether the review’s real purpose” was “to create a crisis and overturn it to gain votes for both the Labour and Conservative groups.” 1.3 The Panel found that Councillor Lennon had published the post despite being aware that the decision to undertake the review had been made by elected members at the Council meeting on 23 February 2023. The Chief Executive had not, therefore, been responsible for initiating the review and, instead, was simply responsible for implementing the decision to undertake one. The Panel was satisfied that Councillor Lennon had published the post and sent the email despite knowing that the assertion he made in them, about the Chief Executive having initiated the review, to be incorrect and misleading. The Panel further found the naming of the Chief Executive in the email and post to have been a deliberate attempt to link him, unfairly, to the decision to undertake the review, and was wholly unfair and inappropriate, and amounted to a personal attack. The Panel accepted that such an unjustified public inference that he had failed to maintain political neutrality would have been distressing for the Chief Executive, particularly given he had no right of public reply or control over who and how many individuals viewed the September 2023 post and email, and given neither could be permanently deleted (as the email could have been forwarded to anyone and any individual viewing the post could have retained a screenshot of its contents). The Panel also noted that, while Councillor Lennon had removed the Chief Executives name from the September 2023 post after the Council’s Monitoring Officer raised concerns about it with him, he had retained the Chief Executive’s job title. The Panel was satisfied, therefore, that he had deliberately chosen to do so, despite knowing the content of the post to be false and misleading, and had not demonstrated any awareness of the potential impact of providing the public with misleading information. 1.4 The Panel noted that the post had been prepared in advance by Councillor Lennon’s political group. As such, it was evident that the post had not been drafted in haste, without considering the wording and its likely inference. The Panel was satisfied that the mention of the Chief Executive in the post was deliberate and was intended to link him to the review in order to publicly criticise his alleged conduct. By doing so, Councillor Lennon had effectively accused the Chief Executive both of going beyond his remit and of not being politically neutral. As Council officers are obliged to remain politically neutral, the Panel was of the view that such public questioning of the Chief Executive’s impartiality, and therefore his integrity, could have been highly damaging to his reputation as an individual. Given the Chief Executive’s position as its senior officer, it could have also been damaging to the reputation of the Council itself. The Panel considered that the deliberate inclusion of the Chief Executive in the criticism of the review decision was wholly unfair and inappropriate and would have been distressing for the Chief Executive. 1.5 The complaint also included concerns about a Facebook post published by Councillor Lennon on 17 February 2024 in which he stated that one of his Group’s budget proposals was a cut to “the council and labours PR machine.” The Panel noted Councillor Lennon’s position was that any criticism of the February 2024 post was unjust and being used as a weapon to suppress legitimate scrutiny and criticism. He considered there was “an observable pattern where press and social media outputs from the North Lanarkshire Council Corporate Communications Team predominately highlight the achievements of those within the Administration”, whereas it had failed to “approach” a member of his Group to cover a sporting accomplishment achieved by the individual in question. The Panel did not consider the fact that Councillor Lennon had not authored the part of the post Page 10 of 172
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in question to be of significance, given it was his choice to copy and paste, and to therefore include, the wording in his post. The Panel considered that he would have had the opportunity to review and revise his post before publishing it, and that he had accepted he had done so by adding additional text. It was the Panel’s position that the linking of the Council’s and the Labour Party’s communications clearly inferred, in a pubic forum, that instead of being politically neutral and working to publicise decisions made by the Council, Council officers (and particularly those in the Communications Team) were colluding with the Labour Party to promote its messaging. Their view was that, given Councillor Lennon had the opportunity to review and edit the post before publishing it, his actions in including the comment were deliberate and were disrespectful and discourteous towards Council officers. The Panel did not consider that Councillor Lennon’s statements were made in good faith, had a reasonable responsible evidential basis or were substantially true to a reasonable standard of proof. 1.6 The Panel found, therefore, that Councillor Lennon’s conduct amounted, on the face of it, to a breach of: • paragraph 3.1 of the Code (which requires councillors to treat others with courtesy and respect); and • paragraphs 3.8 and 3.10 (which require councillors to refrain from criticising the conduct of individual officers in public and to work with them in an atmosphere of mutual trust and respect). 1.7 Having found that Councillor Lennon had breached these paragraphs of the Code, the Panel then proceeded to consider his right to freedom of expression under Article 10 of the European Convention on Human Rights. The Panel noted that this right is not absolute and that restrictions can be imposed for a number of reasons, including to protect the rights and reputations of others, to maintain the mutual bond of trust and confidence between councillors and officers and to protect officers from offensive attacks that could potentially undermine the public’s confidence in the Council. 1.8 The Panel did not consider that a restriction on Councillor Lennon’s right to freedom of expression arising from a finding that he was disrespectful towards the Chief Executive (by subjecting him to an unwarranted public attack) or other Council officers (by publicly questioning their neutrality) would have any impact on his (or any other elected member’s) right or ability to make political points, criticise political opponents, or question the allocation of Council funds. 1.9 In determining the sanction to be imposed, the Panel noted that the requirement for councillors to behave with courtesy and respect towards Council officers and to refrain from criticising them in public are key requirements of the Code. This is because they protect the mutual bond of trust and confidence between councillors and officers, which allows local government to function effectively. 1.10 The Panel was concerned that Councillor Lennon had not shown any insight into his conduct, and its potential impact, and noted that he had not proffered any apology nor demonstrated any remorse for his actions. It noted that he had submitted a statement entitled “Mitigation Impact”, in which he outlined concerns about the conduct of the Chief Executive and another Council officer, and the Chief Executive’s motivation in making the complaint. He further cited concerns about the alleged action of the Standards Commission and advised he had endured significant stress as a result. The panel did not consider any of the points made by Councillor Lennon in his “Mitigation Impact” statement to be relevant. Page 11 of 172
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2. Report 2.1 A Hearing was held on 10 December 2024 by the Standards Commission for Scotland in relation to a complaint against Councillor Lennon. The Ethical Standards Commissioner had investigated the complaint and concluded that Councillor Lennon had contravened the Councillors' Code of Conduct. It was the Commissioners position that a restriction on Councillor Lennon’s right to freedom of expression in terms of Article 10 of the European Convention of Human Rights could be justified. 2.2 The decision of the Commission Panel was that the appropriate sanction, in the circumstances, was to suspend fully Councillor Lennon for a period of two months, with effect from 18 December 2024, in terms of section 19(1)(c) of the Ethical Standards in Public Life etc. (Scotland) Act 2000. The Panel was of the view that censure, being the minimum sanction available, was not appropriate in light of the seriousness of the conduct, its deliberate nature and the impact it had on the Chief Executive, and the potential impact on other Council officers. The Panel also noted the effect Councillor Lennon’s conduct could have had on the relationship between Council officers and elected members and on the reputation of the Council. The Panel considered that suspension was the minimum necessary sanction to protect the reputation of the Chief Executive and other Council officers and their right to perform their duties without being subject to disrespectful behaviour and unwarranted personal attacks. The Panel was of the view it was also necessary to discourage other councillors from engaging in similar conduct. The findings of the Commission contained in the Decision of the Hearing Panel are set out in Appendix 1. The Commission’s Suspension Guidance is annexed as Appendix 2. 2.3 Councillor Lennon sought to appeal to the Sheriff Principal against the Standards Commission’s decision that he had breached the Councillors’ Code of Conduct and to impose the two month suspension. His appeal was dismissed by the Sheriff Principal due to his failure to submit his appeal within the statutory time limit. 2.4 Section 18 of the Act requires that the Standards Commission, following a hearing, must provide a copy of its findings to the Council and that the Council must consider those findings within three months of receiving them, or within such longer period as the Commission may specify. Further, the duty imposed on the Council to consider the findings is to be discharged only by the Council itself and not by a Committee, Sub- Committee or officer. This report and the attached decision from the Standards Commission are submitted to the Council in accordance with the requirements of that section of the Act. It should be noted that an extension to the three month period was granted to enable the report to be considered at a scheduled meeting of the Council rather than at a Special Council meeting. 3 Measures of success 3.1 All Elected Members were provided with information and advice from the Monitoring Officer as part of the new Members' Induction Programme 2022 on their obligations and duties to adhere to the Councillors' Code of Conduct. Adhering to the advice and information provided and, where any lack of clarity exists, seeking further advice from the Monitoring Officer, would mitigate against any actions required to be taken by the Standards Commission for Scotland due to a breach, or perceived breach, of the Code of Conduct. Page 12 of 172
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4. Supporting documentation Appendix 1 - Decision of the Hearing Panel of the Standards Commission for Scotland held on 10 December 2024. Appendix 2 – Standards Commission for Scotland Suspension Guidance Archie Aitken Monitoring Officer & Chief Officer (Legal and Democratic) 5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-and-fairer- scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? Page 13 of 172
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5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☐ No ☒ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Page 14 of 172
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Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 15 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 1 Decision of the Hearing Panel of the Standards Commission for Scotland following the Hearing held at Gartlea Community Centre, Airdrie, on Tuesday 10 December 2024. Panel Members: Ms Helen Donaldson, Chair of the Hearing Panel Mrs Morag Ferguson Ms Ashleigh Dunn The Hearing arose in respect of a report referred by Mr Ian Bruce, the Ethical Standards Commissioner (the ESC), further to complaint reference LA/NL/3978, concerning an alleged contravention of the Councillors’ Code of Conduct (the Code) by Councillor Greg Lennon (the Respondent). The ESC represented himself at the Hearing. REFERRAL Following an investigation into a complaint initially received on 6 October 2023 about the conduct of the Respondent, the ESC referred a report to the Standards Commission on 25 September 2024, in accordance with the Ethical Standards in Public Life etc. (Scotland) Act 2000. On receipt of the referral report, the Standards Commission noted that the ESC had identified three issues of complaint. The ESC advised that he had found the allegation in respect of issue two would not amount to a breach of the Code. The Standards Commission considered that it was highly unlikely that further information would arise at a Hearing that would allow a Hearing Panel to determine whether the Respondent had breached the Code in respect of the matter. In the circumstances, the Standards Commission concluded that it was neither proportionate, nor in the public interest, for it to consider issue two at a Hearing. As such, the Standards Commission determined to take no action on the referral in relation to issue two. The two remaining issues of complaint, considered at the Hearing, concerned an alleged contravention, by the Respondent, of paragraphs 3.1, 3.3, 3.8, 3.10 (with reference to paragraph 25 of Annex A), and 3.25 of the Code, which are as follows: Respect and Courtesy 3.1: I will treat everyone with courtesy and respect. This includes in person, in writing, at meetings, when I am online and when I am using social media. 3.3: I will not engage in any conduct that could amount to bullying or harassment (which includes sexual harassment). I accept that such conduct is completely unacceptable and will be considered to be a breach of this Code. 3.8: I will not undermine any individual employee or group of employees, or raise concerns about their performance, conduct or capability in public. 3.10: I will follow the Protocol for Relations between Councillors and Employees at Annex A and note that a breach of the Protocol will be considered a breach of this Code. I will also comply with any internal protocol the Council has on councillor / employee relations. 3.25: I will not use, or in any way enable others to use, council resources: a) imprudently (without thinking about the implications or consequences); b) unlawfully; c) for any party political or campaigning activities or matters relating to these; or d) improperly. Annex A: Protocol for Relations between Councillors and Employees Public comment 25. Councillors should not raise any adverse matters relating to the performance, conduct or capability of employees in public. Employees must ensure they treat councillors with similar respect and courtesy. Preliminary Matters $33(1',; Page 16 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 2 The Hearing Panel noted that the Respondent had advised the Standards Commission that he did not intend to attend the Hearing. The Panel was satisfied that the Respondent had been given proper notice of the Hearing, in accordance with Section 20 of the 2000 Act and, as such, was content to proceed in his absence. EVIDENCE PRESENTED AT THE HEARING Submissions made by the ESC The ESC advised that the Respondent was first elected as a councillor on 4 May 2017, before being re-elected on 5 May 2022. The ESC confirmed the Respondent signed a declaration of acceptance of office on 6 May 2022, in which he undertook to meet the requirements of the Councillors’ Code of Conduct. The ESC noted that, having previously been a member of the SNP Group, the Respondent joined the Progressive Change North Lanarkshire Group in May 2023. The ESC advised that the Respondent was the Group Leader. The ESC advised that the Respondent acknowledged that he was acting in his capacity as a Councillor at the relevant time in respect of the matters being considered by the Panel. As such, there was no dispute that the Code applied. September 2023 post and email: The ESC advised that the first matter to be considered by the Panel concerned an email the Respondent sent, on 22 September 2023, from his Council email account to a constituent, and a Facebook post he published on his ‘Cllr Greg Lennon’ Facebook account the same day. The ESC advised that the Respondent acknowledged he had sent the email and published the post, as alleged. By way of background, the ESC advised the Respondent explained, during the investigation, that the Council’s Budget was considered at a special meeting of the Council on 23 February 2023. At the meeting, the Council Leader stated that the Administration would protect staff jobs and that there would be no compulsory redundancies. The Leader then stated, “we will not close any culture or leisure facilities but in light of the financial challenges ahead, the Chief Executive will be instructed to arrange for a full detailed review of all facilities for consideration by a future Policy and Strategy Committee”. The ESC noted the Respondent explained that, at a Financial Planning Advisory Group meeting on 2 May 2023, the Complainer provided an update on the review, which suggested some facilities might close. The Respondent advised that his Group received a report, on 15 August 2023, concerning a prospective Council contract for an enterprise project. The Respondent explained that his Group then raised concerns about the contract and procurement process and that doing so had marked the “beginning of deteriorating relations” with the Complainer. The ESC advised the Respondent explained that, at a meeting on 29 August 2023, the Complainer had presented a confidential report to his Group, which suggested the potential closure of facilities. While the Respondent had not attended the meeting, he was of the view that there had been a failure to provide adequate responses to questions raised by his Group. The Respondent’s view was that his Group’s working relationship with council officers had deteriorated significantly since then. The ESC noted the Respondent advised that, following the publication of a press article in September 2023, in which the Council Leader warned that some council facilities were at risk of closure, the Respondent received several enquiries from concerned constituents. The Respondent advised that it was in this context he had sent the September 2023 email to a constituent and published the Facebook post the same day. The ESC advised that the content of the September 2023 email and post broadly overlapped. The Respondent stated in both that the review of facilities “was initiated by the Chief Executive of NLC, Mr. Des Murray, and [the Council Leader] and has the support of the Conservative Group”. The Respondent then stated “the timing and process for this review are suspect, especially given the upcoming By Election and General Election. One might question whether the review’s real purpose is to create a crisis and overturn it to gain votes for both Page 17 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 3 the Labour and Conservative groups”. The ESC advised that the Respondent referred, in both the post and email, to prospective cuts to services and closure of leisure facilities. The Respondent stated that he and his Group would do “everything in our power to oppose” any proposal to potentially make cuts to services or to close facilities as they viewed it “as an irresponsible act of political mischief by the NLC Labour Administration”. The ESC noted the Respondent was critical of the Council and the SNP, Labour and Conservative Groups in both the email and post. The ESC advised that the Council’s Monitoring Officer contacted the Respondent by email on 27 September 2023 to raise concerns about the content of the email and post. Following receipt, the Respondent amended the post on his Facebook account by removing the Complainer’s name but retaining his job title. The ESC noted the Respondent had advised he had done so “as a gesture of cooperation with any subsequent formal procedures that followed”. The ESC noted it was the reference to him having initiated the review that had caused the Complainer concern. The Complainer’s position was that this was a serious, factually inaccurate allegation. The Complainer considered the Respondent had intentionally misrepresented the facts in order to be publicly critical of him. The ESC advised that, by contrast, the Respondent’s position was that the post and email were attacks on his political opponents and concerned the potential cuts to services and leisure facilities, being matters of concern to his constituents. January 2024 emails: The ESC advised that, following the publication of a press article about the prospective award of the enterprise project contract, the Respondent exchanged emails with the Complainer on 28, 29 and 30 January 2024. The ESC noted that the full exchange was included in the productions before the Panel. The ESC advised the email exchange was initiated by the Respondent and referred to the press article, which had reported that “whistleblowers” had raised concerns with Audit Scotland about the falsification of key performance indicator records in respect of the contract. The ESC noted that, in his initial email, the Respondent asked a series of questions, including when the Complainer had been “personally informed” of the concerns, what measures he had implemented since becoming aware of the situation, whether the procurement project team was informed of the concerns and, if not “why were they kept in the dark”. The Respondent stated that, “despite facing countless obstacles in accessing information previously”, he trusted that his questions would be “answered without delay”. The ESC advised that, in response, the Complainer noted that internal auditors were currently reviewing the allegations made and, therefore, it was not appropriate for him to comment until their findings were reported. The Complainer nevertheless proceeded to advise the Respondent about when he had become aware of the allegations, and when and what action he had taken in respect of them. The Respondent replied and again asked when the Council’s senior management team had been apprised of the issue with the key performance indicators. The Respondent proceeded to ask further detailed questions. The ESC noted that, in his reply, the Complainer reiterated his response in respect of when he had become aware of the issue. In response, the Respondent advised that he was disappointed with the Complainer’s reply but would not communicate further directly with him. The Respondent stated that, instead, his Group would “pursue alternative avenues in an effort to alleviate our concerns on this matter”. The ESC advised that the Complainer’s position was that, when considered in conjunction with the September 2023 post and email, the January 2024 emails constituted a course of conduct of bullying designed to negatively impact his reputation. The Respondent’s position, however, was that he was asking legitimate questions and raising genuine concerns in his January emails, on behalf of his constituents, about the perceived significant risks arising from the award of the contract. Page 18 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 4 February 2024 post: The ESC advised it was not in dispute that, on 17 February 2024, the Respondent published a post on his ‘Cllr Greg Lennon’ Facebook account. In this, the Respondent advised that he had supported his Group’s budget motion at a Council meeting on 15 February 2024. The Respondent stated his Group’s budget would “cut the council and labour’s PR machine”. The Respondent further stated his Group’s budget would mean “no compulsory redundancies for NL staff”, but advised it included “a chief executive budget and officer review”. The ESC advised that the Complainer considered the remark about the “council and Labour’s PR machine” amounted to public criticism of the Council’s Strategic Communications & Engagement Service and council officers. Application of the Code: The ESC noted that he had found, as outlined in his referral report, that criticism of the Complainer could be inferred from the Respondent’s September 2023 email and post. This was because the Respondent had stated, in both, that the Complainer initiated the review of services, along with the Council Leader and, by implication, the Complainer had failed to maintain political impartiality, as required. The ESC noted that, at the time he had submitted the report, the Standards Commission’s Hearing on a similar case, LA/NL/3979, had not been held. The ESC advised that while he understood Hearing Panels could reach different decisions and that each case turns on its own facts and circumstances, he was nevertheless of the view that the conduct in LA/NL/3979 was sufficiently similar as to form a clear precedent for the Panel in this case, in respect the September 2023 email and post. This was because the Respondent, in the case of LA/NL/3979, had published a similar Facebook post stating that the Complainer had initiated the review along with the Council Leader. The ESC noted that the Panel in LA/NL/3979 had found that, when considered objectively most, if not all, individuals reading the post of the Respondent, in that case, would conclude reasonably that it was stating clearly, or attempting to convey, that the Complainer had made the decision to initiate the review in tandem with the Council Leader. The Panel had also considered it was improbable that anyone reading the post would separate out the statement that it had been initiated by the Complainer and Council Leader, with the support of the Conservative Group, from the criticism of the purpose and timing of the review that immediately followed. This was regardless of whether they also understood it to be critical of other parties and political in nature. The ESC advised that the Panel, in that case, had noted the Respondent contended he was only inferring, in the post, that the timing and purpose of the review was deliberate and intended to gain votes for Labour and Conservative parties in two upcoming elections. The Panel had noted, however, that this suggestion followed on immediately from the statement that the Complainer had initiated the review. The Panel had considered the reference to the review, in that context, tied the accusation clearly to the preceding statement. In the circumstances, the Panel had considered it was likely the majority of individuals viewing the post would conclude reasonably that the Respondent was implying those he had named as initiating and supporting the review (which included the Complainer), had done so deliberately to help the two other political parties in forthcoming elections. The ESC noted that, in light of this conclusion, and given the Standards Commission’s statutory role as the adjudicatory body and organisation responsible for issuing Guidance on the application of the Code, he felt obliged to revise his conclusion in the current case. The ESC advised he now concluded the Respondent’s reference in the September 2023 post and email, to the Complainer having initiated the review, amounted to a deliberate and overt attack on him. The ESC noted this was particularly in the context of the admitted breakdown in the relationship between the Respondent’s Group, and the Complainer and other senior council officers. Page 19 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 5 The ESC further noted that, in his post, the Respondent in this case had used slightly different words in the post and email to those used by the Respondent in LA/NL/3979. The ESC noted, in particular, the Respondent in this case had used the term “suspect” to characterise the timing of the review. The ESC argued that this was a more pejorative term than one employed by the Respondent in LA/NL/3979. The ESC advised, therefore, that while he had concluded in his report in this case that the Respondent had breached the Code, he was now of the view that the contravention was of a more serious nature than he had initially considered. The ESC advised, therefore, that he considered the Respondent had breached of paragraph 3.1 of the Code, which requires councillors to behave respectfully towards others, including council officers. In response to questions from the Panel, the ESC advised he accepted the role of the Complainer, as Chief Executive, was to implement decisions made by councillors. The ESC advised he was satisfied, in this case that the Complainer was instructed by councillors to carry out the review and, such, the Respondent’s statement that he had initiated it (along with the Council Leader) was misleading and incorrect. The ESC further advised he accepted it would be reasonable for anyone reading the post and email to have understood the paragraphs that followed (which criticised the review and, in particular, its “suspect” timing), to understand the decision to undertake it at that time, had been planned in an effort to gain votes for the Labour and Conservative Groups at two (then) forthcoming elections. The ESC agreed, therefore, it would be reasonable to understand that the criticism of the decision to undertake the review was aimed, at least in part, at the Complainer. The Panel asked whether the final sentence in the Respondent’s email to the effect that the review was an “irresponsible act of political mischief” by the Labour Administration could be taken as making it clear the Respondent was essentially only criticising his political opponents and not the Complainer. In response, the ESC advised he considered the email, as a whole, was critical of the Complainer. In response to a question about whether the Respondent drafted the text for the email and post, the ESC advised that he understood the content had been drafted collectively by the Respondent’s Group, for each individual member to tailor and use as they saw fit. The ESC advised he was unsure as to whether the Respondent had been involved in the drafting (albeit he understood he was the Group Leader). In response to questions from the Panel, the ESC confirmed he accepted the statement that the Complainer had initiated the review, and criticisms of it that followed, amounted to an accusation that the Complainer had failed to maintain political neutrality. The ESC acknowledged such an accusation was serious, given it called into question the Complainer’s integrity and ability to undertake his role. The ESC further accepted that it was reasonable to conclude the statement was personal in nature, given the Respondent identified the Complainer by name. The Panel asked the ESC whether given: • his acceptance the Respondent’s statement that the Complainer had initiated the review was misleading; and • the fact that there did not appear to be any dispute that the Respondent was present at the Council meeting on 23 February 2023 when councillors made the decision, and the Complainer was instructed to carry out the review; he considered the Respondent must have known the contents of his September 2023 email and post were misleading. In response, the ESC advised that any view he had on this would simply be “conjecture” on his part. Turning to the January 2024 emails, the ESC advised he did not consider their content contained language that could be considered objectively as being disrespectful or discourteous. The ESC noted the Respondent Page 20 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 6 advised he was asking questions in the first email on behalf of his constituents. The ESC argued it was part of a councillor’s role to make such enquiries. The ESC contended that the exchange represented a councillor asking “perfectly pertinent questions” of the Council’s most senior officer about an issue of significant public interest and concern, following allegations of whistleblowing that appeared in the media. The ESC accepted that the Respondent had proceeded to repeat his questions in the subsequent email but advised he “did not consider this to be inappropriate”. The ESC advised that the Complainer’s position was that the Respondent’s questions implied that he [the Complainer] either knew, or should have known, about the reported issues with key performance indicators. The Complainer’s position was that he had clearly stated in his initial reply that he had not become aware of these until recently and that the matter was being reviewed by internal auditors. The ESC advised he accepted that part of the Respondent’s motivation for the email exchange was the breakdown in relations between him and the Complainer. The ESC stated, nevertheless, that given the content of the ‘whistleblowing’ article which had appeared in the media and the amount of public money involved the Respondent had legitimate grounds for raising concerns and was entitled to do so, as part of his scrutiny role as an elected member. The ESC acknowledged that it was evident, from the fact that he had repeated his questions, that the Respondent had not accepted all the Complainer’s responses at face value. The ESC noted that the Complainer had found the January 2024 email exchange to be vexatious. The ESC advised, however, that he considered this perception needs to be balanced with the Respondent’s view that not all his questions had been addressed during the course of the exchange. The ESC advised that, while he would characterise the Respondent’s emails as “pointed”, he was not persuaded their content, either separately or collectively, could be objectively considered disrespectful or discourteous, in terms of the Code. The ESC advised that the Complainer considered the reference made by the Respondent in his 2024 post to cutting the “the council and labour’s PR machine” to be an attack on officers within the Council’s Strategic Communications and Engagement Service. The ESC advised, however, that he was also not persuaded that considering the January 2024 emails together with the September 2023 email and post, and the February 2024 post “was appropriate”. The ESC explained this was because while the context could indicate a course of conduct, councillors could not be precluded, by the ethical standards framework, from fulfilling their legitimate scrutiny role, particularly on important issues “simply because senior officers find that scrutiny vexatious”. The ESC accepted, in response to questions from the Panel, that the tone and nature of the January 2024 emails (including persistent and repetitive questioning) could make them disrespectful, even if language employed in them was appropriate. The ESC noted, however, that as the January 2024 email exchange was brief, and the Respondent had only asked the same questions twice. As such, the ESC did not consider the Respondent’s conduct to have been sufficiently persistent as to amount to disrespect or discourtesy. The ESC advised he empathised with the Complainer and could understand why he found the implication that he knew, or should have known, about the issues upsetting. The ESC advised, nonetheless, that he considered the Respondent’s questions were legitimate given the content of the media article and amount of public money involved in the contract. The ESC advised that he considered the September 2023 email and post to be public statements. This was because the email was copied to other councillors and the post was made on Facebook, being an online public forum. When asked, however, whether the fact that the email was sent to a member of the public (who owed no duty of confidentiality and could have shared it with anyone) in itself could make it public in Page 21 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 7 nature, the ESC accepted this and noted that it had also been sent to councillors in the Respondent’s ward who were not members of his political group. The ESC advised, for the reasons outlined above, he had concluded the Respondent was publicly disrespectful of the Complainer in both the September 2023 email and post, by alleging the Complainer had initiated, along with the Council Leader, a review of council services and facilities for politically motivated reasons. The ESC advised he had concluded, therefore, the Respondent had breached paragraphs 3.8, 3.10 and Annex A of the Code. The ESC noted that the Respondent had copied other councillors from his political group into the January 2024 emails and advised that some of the content had then appeared in the media. The ESC advised, however, that he did not consider the content of the emails amounted to public criticism of the Complainer or an attempt to undermine him. The ESC explained this was because while he accepted: • the Respondent’s questions (and failure to accept the answer provided) implied the Complainer either knew, or should have been aware, of the issues with the key performance indicators; and • the questions were asked in the context of a breakdown in their relationship, he considered that, based on the allegations by the whistleblower that appeared in media article, the Respondent had legitimate grounds for concern. The ESC contended that, as such, he was entitled to engage in robust scrutiny and to ask the Complainer the questions contained in the emails. The ESC advised that the February 2024 post was published after the Council’s budget meeting. The ESC noted that the Respondent outlined the aims of his Group’s budget in the post. This included a commitment that there would be “no compulsory redundancies” for council staff and to undertake “a chief executive budget and officer review”. The ESC advised that, in considering whether a breach of the Code had occurred, he had taken cognisance of a decision made by the Standards Commission in respect of case LA/AC/3600. In that case, when considering whether a Respondent had publicly criticised the conduct, performance or capability of an identifiable officer or group of officers, the Panel stated that it “considered that, in order for council employees to be objectively considered as identifiable, ordinary members of the public in the local area would need to be able to readily understand who they were”. The ESC advised that, in this case, he did not consider any officers were readily identifiable from the February 2024 post. The ESC explained that was because the Respondent had not named either the Council department in question or any individual officers. The ESC further advised that he did not consider members of the public would conclude reasonably that the February 2024 post undermined officers, given the Respondent had stated in it that his Group’s budget would ensure there were no compulsory redundancies for council staff. The ESC advised that he considered it was more likely that members of the public would view the post as a political statement about the Council’s funding priorities. The ESC advised that, as such, he did not consider the Respondent had breached the Code in respect of the February 2024 post. In response to a question from the Panel about whether the Respondent’s linking the Council’s communications to those of the Labour party, amounted to a suggestion that officers had failed to maintain political neutrality, the ESC advised he did not consider members of the public would view it in that way. The Panel asked whether members of the public would understand the reference to the Council’s “PR machine” to mean its communications department or team. In response, the ESC advised that he considered members of the public would be unlikely to identify the name of the specific team responsible for communications, let Page 22 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 8 alone any specific council officers it employed. The ESC accepted, nevertheless, that the Complainer, as the Chief Executive, would be identifiable as the officer in overall charge of council communications. In response to a further question from the Panel, the ESC acknowledged that it was possible to undermine or criticise officers while at the same time suggesting they should not be subject to any compulsory redundancy process. The ESC further acknowledged that the linking of the Council’s and the Labour Party’s communications could be perceived as calling council officers’ political neutrality into question. The ESC noted, however, that it was not unusual for officers to release communications on behalf of a council leader. The ESC advised that the Complainer was of the view that, when considered together, the Respondent’s conduct towards him amounted to bullying and harassment. The ESC advised that, when considering the application of the Code in this regard, he had noted that: • the September 2023 email was sent in response to an enquiry from a constituent and was sent to that constituent and two ward councillors who had been sent the same enquiry; • the Respondent then published the content of September 2023 email in the post on his Facebook account the same day; • following receipt of the email from the Monitoring Officer of 27 September 2023, the Respondent then removed the Complainer’s name from the September 2023 post. He nevertheless retained the reference to the Council’s Chief Executive having initiated the review; • the Complainer is the Council’s Chief Executive Officer, and the Respondent is the leader of a relatively small and new group within the Council, meaning that there was no significant power imbalance between them (which, by comparison would be present in cases where councillors were interacting with junior council officers); • the Complainer had the opportunity to defend himself in the January 2024 emails; and • the January 2024 emails did not contain any derogatory personal attacks. The ESC noted that while a one-off incident could amount to bullying or as harassment, he did not consider the repetition of the September 2023 email, in the post of the same day, could be viewed as an aggravating factor, given it was, effectively, the same content shared twice. The ESC advised he was cognizant of the Panel’s decision in case LA/NL/3979. In that case, the Panel had noted that: • the post containing the content about the Complainer having initiated the review had been drafted by the Respondent’s political group acting collectively, rather than by that Respondent alone; • it had found that the Respondent published the post deliberately, despite knowing it contained incorrect information and despite it giving the impression that the Complainer had failed to maintain political neutrality (being a serious allegation); and • the Respondent named the Complainer and published the post in a public forum, despite knowing the Complainer would have no right of reply in that forum. The ESC noted that, in that case, the Panel had acknowledged nevertheless that the Complainer was an experienced public servant and the Council’s most senior officer, while the Respondent was a relatively new councillor representing a small and relatively newly formed political group. As such, the Panel had found it was arguable the inherent position of power enjoyed by councillors over officers was less evident and of less significance. The Panel had further noted that the Respondent, in that case, had removed the post after five days (albeit only after the Council’s Monitoring Officer raised concerns about it and the Respondent had received legal advice). In the circumstances, the Panel had concluded that while it had been serious, inappropriate and deliberate, the Respondent’s conduct, in the specific circumstances of that case, fell short of the threshold required for it to amount to bullying in terms of the Code. Page 23 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 9 The ESC noted that a difference between that case, and the current one before the Panel, was that, in this case, the Respondent had been a councillor for longer and was also a group leader. The ESC advised that, notwithstanding these factors, he was not persuaded that the inherent position of power enjoyed by councillors over officers was more evident and of more significance in this case. The ESC further advised that he was not persuaded Complainer had no right of reply, given the press will frequently ask a Council for comment on matters of public concern and given the Chief Executive’s approval will often be sought before one is provided. The ESC advised, therefore, that he had concluded the Respondent’s conduct could not be considered objectively as amounting to the bullying or harassment of the Complainer. The Panel noted that the ESC had indicated, in his report, that the fact that the Complainer had not been copied into the September 2023 email, or tagged in the post of the same day, was a factor he took into account when concluding the Respondent’s conduct did not amount to bullying and harassment. The ESC accepted, in response to a question about this, that taking an action behind someone’s back could be said to be a feature of bullying or harassment. The Panel asked the ESC whether the difference in the subject matters of the September 2023 email and post, and the January 2024 emails, was a compelling factor in the consideration of whether, taken together, they amounted to bullying or harassment of the Complainer, given both were directed towards him. In response, the ESC noted that, while he could understand why the Complainer felt he was being targeted, he considered it was entirely appropriate for the Respondent to have approached him regarding the concerns raised in the media about the council contract. This was because the Complainer, as its most senior officer, would have overall responsibility for the contract process. When asked by the Panel, the ESC accepted that factors, other than status and experience, (such as an individual’s demeanour or personality), could create an imbalance in the power dynamic between individuals. The ESC noted, nevertheless, that while a Complainer’s perception was important, it was nevertheless incumbent on him, and the Standards Commission’s Hearing Panels, to determine objectively, in each individual case where it was alleged, whether the conduct in question met the threshold as to amount to bullying. The Panel asked the ESC whether the Complainer could really be said to have had a right of reply. In doing so, the Panel noted that Council officers generally would not have a right of reply to social media and, in any event, had not been copied into the Respondent’s email of September 2023. The Panel noted that while the Complainer may have been afforded a right of reply through the media, this would only be in circumstances where a journalist had picked up on a story and asked for a response. The ESC advised he accepted this, albeit he still did not consider the Respondent’s conduct met the threshold as to amount to bullying or harassment. When asked whether the Respondent’s reference, in the February 2024 post, to the Chief Executive’s budget being cut, and an officer review being undertaken, could be perceived as an extension of conduct targeting the Complainer, the ESC accepted he could understand why the Complainer may have perceived it as such. The ESC noted, however, that it was legitimate and not unusual for politicians to call for expenditure to be reviewed to determine if value for money was being achieved. The ESC advised that he had found the Respondent had used council resources imprudently in breach of paragraph 3.25 of the Code, given he had used his council email account to send the September 2023 email that contained criticisms of other political groups and, therefore, had been sent at least in part for party-political advantage. The ESC accepted, nevertheless, that councillors are entitled to use council resources to make political points, so he understood the Panel might reach an alternative view, and that a decision on this would be helpful in terms of his consideration of future cases of a similar nature. Page 24 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 10 Article 10: Having concluded that, on the face of it, the Respondent had breached paragraphs 3.1, 3.8, 3.10 and 3.25 of the Code, the ESC advised he had proceeded to consider the Respondent’s right to freedom of expression under Article 10 of the European Convention on Human Rights. The ESC noted that while the Respondent enjoyed a right under Article 10 to hold and impart opinions without interference from public authorities, this right was qualified. The ESC noted a restriction on the Respondent’s Article 10 rights could be justified if deemed necessary to protect the rights and reputations of others, and to ensure the effective operation of the Council. The ESC noted it was not in dispute that the Respondent was acting as a councillor when publishing both Facebook posts and sending the emails in question. The ESC further noted that the Respondent’s September 2023 post and email concerned the potential closure or repurposing of council facilities and the January 2024 emails concerned a significant council contract. The ESC advised he had concluded, therefore, that the Respondent was commenting on issues of significant public interest and concern and, as such, would attract enhanced protection in respect of his Article 10 rights. The ESC noted that he had argued, at the Standards Commission Hearing on LA/NL/3979, that a restriction on the Article 10 rights of the Respondent in the case could not be justified. The ESC noted that the previous case concerned the same comment, as made by the Respondent in this case (in the September 2023 email and post), to the effect that the Complainer had initiated the review of the Council’s facilities. The ESC acknowledged, however, that the Panel in the previous case had disagreed and found a restriction could be justified. The ESC advised that given: • the similarities between the complaint that was the subject of the previous Hearing, and the issue of complaint in this case (concerning the September 2023 email and post); and • the fact that it was the Standards Commission’s role to adjudicate and make the final decision on cases referred to it, and to issue guidance on how the Code is to be interpreted, he felt obliged to treat the Panel’s findings on Article 10 in the previous case as a precedent. As such, the ESC advised that he would not be adhering to the conclusions in his report, in this case, to the effect that a restriction on the Respondent’s Article 10 rights could not be justified. The ESC noted that, for restriction on an individual’s Article 10 rights to be considered necessary, there had to be relevant and sufficient reasons to justify it and, further, that any restriction must be both proportionate and necessary in a democratic society. The ESC advised that, with reference to the previous decision in LA/NL/3979, his view was that a restriction was only justified in this case in relation to the September 2023 post and email. In explaining his view in this regard, the ESC highlighted, in particular, the following aspects of the Panel’s reasoning for the decision in the LA/NL/3979 case: • That the Panel was not satisfied the Respondent’s statement in that case had been made in good faith or to be substantially true to a reasonable standard of proof. • That the Panel did not consider that a finding of a breach of the Code for such unnecessary and deliberate naming of the Complainer, and the implied criticisms of his conduct, could be said to have a chilling effect on the ability of the Respondent to criticise his political opponents. • That the Respondent was fully aware that the decision to initiate the review was a political one and was not taken by the Complainer. Therefore, any political criticisms levelled at him in respect of that decision, and how it was made, were unfounded, unfair and exceeded even the wider bounds the Complainer could be expected to accept in his non-political role as Head of Paid Service. • That the context in which the Respondent’s post had been made also required to be considered. The panel noted it had been accepted that the wording of the part of the post in question had been agreed by members of the Respondent’s Group. The Panel accepted, therefore, that the Respondent would have had the opportunity to review the proposed post before publishing it and his comments could not, Page 25 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 11 therefore, be categorised as spontaneous or made in the heat of the moment in response to something alleged by the Complainer or anyone else. • That there was no evidence that, in implementing the review, the Complainer had done anything other than to carry out a decision made by elected members, as required by his role. The Panel did not consider, therefore, that the Complainer could have been said to have acted in a way that somehow, even in small part, justified the insinuation that he had acted outwith his remit or failed to remain politically neutral. • The Panel had concluded the Respondent’s accusation was entirely gratuitous and egregious, wholly inappropriate and potentially very damaging to the Complainer’s reputation. • That, in light of the matter outlined in the bullet points above, the Panel was satisfied that a restriction on the Respondent’s right to freedom of expression was relevant, sufficient and proportionate. The ESC reiterated that he did not consider the January 2024 emails represented a breach of the Code’s provisions, either when considered by themselves or as part of a course of conduct. The ESC noted this was because he considered the Respondent was entitled to raise concerns about the contract as doing so would form part of an elected member’s members legitimate scrutiny role. The ESC noted that the Code, and Ethical Standards Framework, were in place to ensure that public debate at a local government level did not fall below a minimum standard. Further aims included protecting the reputation and rights of others, and ensuring that local government could function effectively by ensuring Council officers could undertake their role free from any undue disturbance. The ESC observed that a restriction on the Respondent’s Article 10 rights could be justified if the January 2024 emails had served to undermine or adversely affect the reputation of the Complainer or the Council itself. The ESC noted, however, that in the case of Heesom1 the Court had found “the acceptable limits of criticism are wider for non-elected public servants acting in an official capacity than for private individuals, because, as a result of their being in public service, it is appropriate that their actions and behaviour are subject to more thorough scrutiny”. The ESC noted that the Court had also remarked that “where critical comment is made of a civil servant, such that the public interest in protecting him as well as his private interests are in play, the requirement to protect that civil servant must be weighed against the interest of open discussion of matters of public concern and, if the relevant comment was made by a politician in political expression, the enhanced protection given to his right of freedom of expression.” The ESC also drew the Panel’s attention to the Court’s decision in the case of Lombardo2 and, in particular, to its finding that “the distinction between statements of fact and value judgements is of less significance… where the impugned statement is made in the course of a lively political debate at local level and where elected officials and journalists should enjoy a wide freedom to criticise the actions of a local authority, even where the statements made may lack a clear basis in fact.” The ESC noted that the Court, in that case, had highlighted the chilling effect that a sanction may have in discouraging any future statements critical of council policies. The ESC argued that the Respondent, as an elected member, should be able to scrutinise and “even criticise a local authority and its chief officer, even if the offending statements lacked a basis in fact”. The ESC indicated that he considered the case law went further and suggested the case of Gomes3, “that a perceived personal attack cannot be gratuitous if the author supports them with an objective explanation”. The ESC noted the Respondent’s contention that his intent, in sending the January 2024 emails, was to seek further clarity. The ESC argued that precluding a councillor from asking legitimate questions about a 1 Heesom v Public Service Ombudsman for Wales (2014) EWHC 1504 (Admin) 2 Lombardo v Malta (2009) 48 EHRR 23 3 Lopes Gomes da Silva v Portugal (2020) 28 EHRR 101 Page 26 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 12 significant contract, in circumstances where concerns had been raised in the media, should not be categorised as sufficiently egregious, bad or shocking as to warrant a restriction on that individual’s Article 10 rights. As such, the ESC contended, that even if the Panel was to find the Respondent had, on the face of it, breached the Code in respect of the January 2024 emails, a restriction on his Article 10 rights could not be justified. The ESC did not make any submissions on the application of Article 10 in respect of the February 2024 post. DECISION The Hearing Panel considered the submissions made both in writing and orally at the Hearing. It concluded that: 1. The Councillors’ Code of Conduct applied to the Respondent, Councillor Lennon. 2. The Respondent had breached paragraphs 3.1, 3.8 and 3.10 of the Code. 3. A restriction on the Respondent’s right to freedom of expression that such a finding would entail could be justified. Reasons for Decision 1. The Panel noted that the September 2023 and February 2024 posts had been published on the Respondent’s ‘councillor’ Facebook page, and that the September 2023 email and January 2024 emails had been sent from his council email account. The Panel further noted that the posts and emails all concerned matters relating to the Council. The Panel was satisfied, therefore, that the Code applied to his conduct at the time of the events in question. 2. In reaching its decision as to whether there had been a breach of the Code, the Panel took the following three-stage approach, as outlined in the Standards Commission’s Advice Note on the Application of Article 10 of the ECHR: • Firstly, it would consider whether the facts found led it to conclude, on the balance of probabilities, that the Respondent had failed to comply with the Code. • Secondly, if so, it would then consider whether such a finding in itself was, on the face of it, a breach of the Respondent’s right to freedom of expression under Article 10. • Thirdly, if so, the Panel would proceed to consider whether the restriction involved by the finding was justified by Article 10(2), which allows restrictions that are necessary in a democratic society (and, in particular, in this case, for protecting the rights and reputations of others). Stage 1: Whether the Respondent’s conduct amounted, on the face of it, to a breach of the Code The Facebook post and email to a constituent of 22 September 2023: 3. The Panel found, and noted it was not in dispute, that the Respondent stated in both the post and email that the “review was initiated by the Chief Executive of NLC, Mr Des Murray and [the Council Leader]”, and had the support of the Conservative Group. The Respondent then stated the timing and process for this review were “suspect”, given an upcoming by-election and General Election, before remarking that “one might question whether the review's real purpose” was “to create a crisis and overturn it to gain votes for both the Labour and Conservative groups”. 4. The Panel noted the Respondent’s position, as intimated to the ESC during his investigation, was that the post and email were accurate, in that the Council Leader had instructed the Complainer to instigate a review of council facilities. The Panel further noted the Respondent’s position was that he sent the email in response to an enquiry from a constituent, and that he intended it to provide “accurate historical context”, regarding the Council Leader’s instruction to the Complainer to undertake the review. The Respondent argued that not only were both the post and email factually accurate, but were also necessary for transparency, as the Council Leader’s instruction had been documented in the webcast of the Council meeting held on 23 February 2023. The Panel noted the Respondent advised the Page 27 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 13 2023 post was intended to reassure constituents that he would oppose any adverse proposals resulting from the review. 5. The Panel noted that the Respondent’s position, as relayed to the ESC, was that both the Complainer and Council Leader were public figures with high profile roles and, therefore, sharing information about their decisions and actions ensured accountability and transparency and, as such, was in the public interest. The Respondent’s position was that he had shared information about the review to keep his constituents informed, in accordance with his duties as an elected member. The Respondent denied any suggestion that he had deliberately misrepresented the position and noted that he had taken immediate action to amend the post (and remove the Complainer’s name), after the Monitoring Officer had raised concerns. The Respondent advised he had used the word “suspect” to highlight his concerns over the timing and process of the review, especially in the context of an upcoming by-election, but clarified that his remarks were directed towards the Labour Administration and its leadership rather than the Complainer. The Respondent contended that any suggestion the remarks were aimed at the Complainer was “a clear distortion of the facts, as he is neither a politician nor affiliated with any political party”. 6. The Panel noted that council Chief Executives are responsible for the efficient and effective operation of local authorities and for implementing council decisions. The Panel noted it was not in dispute that the decision to undertake the review was made by elected members at a Council meeting of 23 February 2023. The Panel was satisfied, therefore, that the review had not been initiated by the Complainer. 7. The Panel noted there was no dispute that the Respondent was aware the decision to undertake the review had been made by councillors at the Council meeting on 23 February 2023, rather than by the Complainer. There was also no dispute that the Complainer had only been instructed to undertake the review. 8. The Panel did not accept that either the September 2023 post or email stated, or could reasonably be construed as conveying, that the Complainer had been directed to initiate the review as instructed. This was because while the Respondent stated that the Complainer had initiated the review, he made no mention or reference to any instruction given to the Complainer to do so. Instead, reference was made, in the same part of the sentence that appeared in both the post and email to the Council Leader. Reference was also made, later in the same sentence in both, to the decision to initiate the review as having the support of the Conservative Group. 9. The Panel agreed that although the Leader was involved in the decision to carry out the review and that this decision had been supported by the Conservative Group, it was evident that neither would have been involved in its implementation. The Panel considered it was clear, therefore, that even if it was accepted that the term ‘initiate’ could be understood to mean to begin the work on the review, such an interpretation was not reasonable in the context of how the word had been used in both the post and email. This was because it was apparent that no attempt had been made to separate out or distinguish, on the one hand, the role of the Leader in making the decision and providing the instruction (with the support of the Conservative Group) and, on the other hand, the Complainer, as Chief Executive, in ensuring it was actioned. The Panel agreed there would be no reason whatsoever to name the Complainer first (as the Respondent had done), if the intention had been to relate only that the decision to carry out the review had been made by the Leader or the Administration, with the agreement of the Conservative Group, and that the Complainer had been instructed to implement this. 10. The Panel agreed that, when assessing whether a comment could amount to a breach of the Code, the full context in which it was employed should be taken into account, so that a view on the ordinary meaning, and the likely understanding from the point of view of those reading or hearing it in the particular circumstances in which it was made, could be reached. The Panel was further of the view that Page 28 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 14 the full context in which a comment was made should also be considered when determining the likely motivation or intent behind it. 11. The Panel noted the Respondent stated, at the end of the September 2023 email, that he and his Group would do everything in their power to oppose any adverse proposal arising from the review as they saw it “as an irresponsible act of political mischief by the NLC Labour Administration”. The Panel accepted that the inclusion of this statement supported the Respondent’s argument that the criticisms in the post and email were aimed at his political rivals, rather than the Complainer. The Panel noted, nevertheless, that it had found the Respondent’s reference to the Complainer to be deliberate. It further noted that while the Respondent removed the Complainer’s name from the sentence in question in the post after concerns about it were raised, he chose to retain the Complainer’s title. 12. The Panel was of the view that when considered objectively most, if not all, individuals reading the Respondent’s post and email would conclude reasonably that they were stating clearly, or attempting to convey, that the Complainer had made the decision to initiate the review in tandem with the Council Leader and with the support of the Conservative Group. 13. The Panel was further of the view that any members of the public viewing the post or email would read, and consider, their contents as a whole. As such, the Panel considered it was improbable anyone reading either the post or email would separate out the statement that the review had been initiated by the Complainer and Council Leader (with the support of the Conservative Group), from the criticism of the purpose and timing of it that immediately followed. This was regardless of whether they also understood the post and email to be critical of other parties and political in nature. As such, the Panel did not accept the Respondent’s position that the email and post could only be taken as being directed towards, and critical of, the Labour Administration and its leadership (as opposed to the Complainer). 14. The Panel noted the Respondent’s position was it was evident that his remarks about the timing and purpose of the review being deliberate and intended to gain votes for Labour and Conservative parties in two upcoming elections, were directed towards political opponents, not the Complainer. The Panel noted though that, in both the email and post, this suggestion followed on immediately from the statement that the Complainer had initiated the review. The Panel considered the reference to “this review”, in that context, tied the accusation clearly to the preceding statement. In the circumstances, the Panel considered it was likely the majority of individuals viewing the post or reading the email would conclude reasonably that the Respondent was implying those he had named as initiating and supporting the review (which included the Complainer), had done so deliberately to help the two other political parties in forthcoming elections. 15. The Panel accepted that, as a politician, the Respondent was entitled (and, indeed, likely would have been expected) to criticise both the decision by fellow councillors to undertake a review he opposed and the timing of it, and to speculate on how it might be used by his political opponents. The Panel further accepted that the Respondent was entitled to keep his constituents informed of, and to hold the Administration to account for, the decision to undertake the review. The Panel considered, however, that he could have done so easily and effectively, without making any mention of the Complainer or, at the very least, without tying the Complainer to the decision to undertake it. The Panel noted that the wording had been prepared in advance by the Respondent’s political group. As such, it was evident that both the email and post had not been drafted in haste, without any consideration having been given to their content and any likely inferences arising from their wording. 16. The Panel agreed that the deterioration in the relationship between the Respondent’s Group and the Complainer was relevant to the question of whether the Code had been breached. This was because, as Page 29 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 15 noted above, the Panel considered it provided context in terms of the Respondent’s potential motivation. 17. The Panel noted the Respondent’s position was that criticism in the post and email were directed at his political opponents and intended as political comment or narrative, rather than as any criticism of the Complainer. The Panel noted, however, that the Respondent accepted he was aware the decision to conclude the review had been made by elected members, not the Complainer. The Panel noted the Respondent was unhappy about the timing and purpose of the review and opposed the recommendations arising from it. The Panel also noted that evidence, in the form of an email exchange, had been provided by the Respondent to support his position that his, and his group’s relationship with both the Council’s Monitoring Officer and the Complainer had “significantly deteriorated” at the time. The Panel was satisfied it was apparent, therefore, that there were problems in the relationship between both the Respondent and his political group, and the Complainer, at the time the email was sent and the post was published. 18. On the balance of probabilities, the Panel was satisfied, in light of: • the deterioration in the relationship between the Respondent, his Group and senior council officers (including the Complainer); • the fact that the drafting of the parts of the email and post in question had been undertaken by the Respondent’s group, rather than by any individual in haste; • the fact that, as a result the Respondent had opportunities to edit the email before sending it, and to amend the post before publishing it; • the decision to list the Complainer first and to identify him by name, as well as title, despite the Respondent’s knowledge that the decision to undertake the review had been made by councillors; and • the failure to separate out the Complainer’s role in the matter from that of the Council Leader, that the reference to the Complainer having initiated the review, in both the post and email, was deliberate, and intended to link him both to the political decision to undertake it and to the timing of this, in order to criticise, publicly, his alleged conduct. The Panel was satisfied that this conclusion was further supported by the Respondent’s decision to deliberately retain the Complainer’s job title in the relevant sentence in the post, even after concerns about the wording had been raised with him. 19. The Panel considered that, in stating that the Complainer had initiated the review and, by inferring he had done so for political purposes, the Respondent effectively accused him of going beyond his remit and of failing to maintain political neutrality. As council officers are obliged to remain politically neutral, the Panel was of the view that such public questioning of the Complainer’s impartiality and therefore his integrity, could have been highly damaging to his reputation as an individual. Given the Complainer’s position as its senior officer, the Panel agreed it could have also been damaging to the reputation of the Council itself. 20. The Panel concluded, therefore, that in tying the Complainer to his criticisms and in implying he had not been politically neutral, the Respondent had, on the face of it, contravened: • paragraph 3.1 of the Code (which requires councillors to treat others with courtesy and respect); and • paragraphs 3.8 and 3.10 (which require councillors to refrain from undermining or criticising the conduct of individual officers in public and to work with them in an atmosphere of mutual trust and respect). 21. The emails to the Complainer of 28, 29 and 30 January 2024: The Panel noted the Respondent’s position was that any criticism of his January 2024 emails to the Complainer was unjust and being used as a weapon to supress legitimate scrutiny and criticism. Page 30 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 16 22. The Panel agreed with the ESC that the emails did not contain any objectively disrespectful or discourteous language. The Panel agreed with the ESC that the tone of the emails was pointed in nature and considered the way the questions were worded and repeated in the second email strongly implied that the Respondent did not believe the Complainer’s initial response. The Panel nevertheless agreed with the ESC that the Respondent was fully entitled to raise concerns about the public allegations that had been made, given how serious they were and given they concerned a council contract involving large sums of public money. The Panel noted that, having received the same response to the questions in his second email, the Respondent had indicated that while he was disappointed, he would not communicate further with the Complainer on the matter. The Panel understood why the Complainer may have felt feel aggrieved that the Respondent was, effectively questioning his integrity by seemingly not accepting the answers he had provided, at face value, as being accurate or truthful. The Panel noted, however, that there was no obligation on the Respondent to accept the answers provided. In the circumstances, the Panel did not consider, on balance, that the Respondent’s conduct, in posing the questions and sending the emails would meet the threshold as to amount to a breach of the respect and courtesy provisions in the Code. 23. The Panel noted that the Respondent himself appeared to accept, in sending the emails, his intention was not only to scrutinise, but was also to criticise. While, as noted above, the Panel considered the tone of the emails to be pointed and somewhat accusatory in nature, it was not satisfied that the implication arising from the Respondent’s conduct in repeating the questions could be said to amount to criticism of the Complainer’s performance, conduct or capability. In any event, while the Panel noted the emails were copied to all members of the Respondent’s political group, it was not satisfied this meant they were public in nature. The Panel concluded, therefore, that the Respondent had not breached the Code in respect of the January 2024 emails. 24. The Facebook post published by the Respondent on 17 February 2024: The Panel noted that, in this post, the Respondent stated that one of his Group’s budget proposals was a cut to “the council and labours PR machine”. 25. The Panel noted the Respondent’s position (as advised to the ESC) was, again, that any criticism of the February 2024 post was unjust and being used as a weapon to supress legitimate scrutiny and criticism. The Panel noted the Respondent had advised that he did not author the section of the post in question and, instead, had copied and pasted it from one published on his Group’s Facebook page. The Respondent further advised that, regardless of this, he considered there was “an observable pattern where press and social media outputs from the North Lanarkshire Council Corporate Communications Team predominantly highlight the achievements of those within the Administration”. 26. The Panel did not consider the fact that the Respondent had not authored the part of the post in question to be of significance, given it was his choice to copy and paste, and to therefore include, the wording. The Panel agreed the Respondent would have had the opportunity to review and revise his version of the post before publishing it and, further, that he accepted he had done so by adding additional text. The Panel noted, in any event, that the Respondent had not attempted to distance himself from the wording used. Instead, he seemed to by implying, in the quote above, that it may be accurate. 27. The Panel agreed that the Respondent had a right to criticise communications issued by political opponents and to scrutinise the service being provided by a council department or team. The Panel agreed, however, that the linking of the Council’s, and the Labour Party’s, communications clearly inferred, in a public forum, that instead of being politically neutral and working to publicise decisions made by the council, council officers (and particularly those in the Communications Team) were colluding with the Labour Party to promote its messaging. The Panel accepted the ESC’s point that it was Page 31 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 17 not unusual for officers to release communications on behalf of a council leader. The Panel further accepted that the Communications Team may have highlighted achievements of individuals in the Administration. The Panel agreed, however, that neither the release of a communication on behalf of a council leader, nor the highlighting of achievements of certain elected members, equated to an assertion that the Council’s Communications Team formed part of, or colluded with, the Labour Party’s public relations “machine”. 28. The Panel considered that, as a relatively experienced councillor and politician, the Respondent would have been fully aware that council officers must remain politically neutral and cannot collude with a particular political party or group. Given this, the admitted breakdown in the relationship between the Respondent’s Group and council officers, and the fact that the Respondent had the opportunity to review and edit the post before publishing it, the Panel considered his actions in including the comment were deliberate. 29. The Panel considered the Respondent’s actions in publishing the comment in the post was disrespectful and discourteous towards council officers and amounted, on the face of it, to a breach of paragraph 3.1 of the Code. 30. The Panel noted, nevertheless, that no specific officer or officers were identifiable from the comment. The Panel did not consider, therefore, that the Respondent’s conduct in respect of the post of February 2024 to amount to a breach of the provision in the Code that requires councillors to refrain from criticising the conduct of individual officers in public. 31. Potential cumulative course of conduct: The Panel noted that the Respondent had called for a “chief executive budget and officer review”, in his February 2024 post. The Panel understood why the Complainer may have considered this, along with the somewhat persistent and accusatory nature, and pointed tone of the Respondent’s January 2024 emails to him, also to be demonstrative of a course of conduct towards him. The Panel did not consider, however, that it could make a finding to this effect. That was because the Panel had concluded the January 2024 emails were not inherently disrespectful towards the Complainer. In addition, the Panel noted that councillors would be entitled to suggest a review of individual aspects of the budget and even a cut to officer roles, provided that, in doing so, they did not publicly criticise the conduct, performance or capability of any individual and identifiable officer or group of officers. 32. Potential breach of the bullying provision in the Code: The Panel noted that bullying is inappropriate and unwelcome behaviour that is offensive and intimidating, and makes an individual feel undermined, humiliated or insulted. The Panel further noted that bullying usually arises as a result of an individual misusing their power, and while it tends to be a pattern of behaviour or course of conduct, it can also be a one-off incident. In this case, the Panel found that: • The Respondent published the post and sent the email in September 2023 deliberately, knowing they contained incorrect information and gave the impression that the Complainer had failed to maintain political neutrality (being a serious allegation). • The Respondent named the Complainer in the email to a constituent (which he also copied to other individuals), and published the post on a public social media account, despite knowing the Complainer had no right of reply in either forum. • There was evidence the Respondent’s Group’s relationship with the Complainer had broken down in the previous month. 33. The Panel did not accept the ESC’s argument that a mitigatory factor was that the September 2023 post and email essentially amounted to the same incident as they contained the same content. This was because it was entirely evident the email and post were directed at, and intended for, different Page 32 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 18 audiences. The Panel also did not accept the ESC’s argument that the Complainer would have had a right of reply. The Panel noted, in this regard, that council officers would not have a right of reply to social media posts, the Respondent did not copy the Complainer into the email, and there was no evidence or suggestion that a journalist had picked up on the matter and asked the Complainer for a response. 34. The Panel noted that while the Respondent removed the Complainer’s name from the September 2023 post after the Monitoring Officer raised concerns, he had chosen to retain the reference to the Complainer’s job title. The Panel was satisfied, from this, that the Respondent’s decision to name the Complainer in the post and email was deliberate and was intended to link him to the review, in order to publicly criticise his alleged conduct. 35. The Panel acknowledged, nevertheless, that the Complainer was experienced and the Council’s most senior officer and, even though the Respondent was a relatively experienced councillor and the leader of a political group (albeit one that was small in size), the inherent position of power enjoyed by councillors over officers was less pronounced in this case. The Panel further noted it had found the duration of the disrespectful conduct targeted directly towards the Complainer to be limited to the one post and email. In the circumstances, the Panel concluded, on balance, that while the Respondent’s conduct was serious, inappropriate and deliberate, it did not meet the threshold to amount to bullying in terms of the Code. 36. The Panel noted the ESC had concluded, in his report, that the Respondent had breached paragraph 3.25 of the Code by using his council email account to send the email of September 2023. This was because the email contained criticisms of other political groups and, as such, could be regarded as an attempt to seek party-political advantage. Given the wording of the paragraph, the Panel could understand the ESC’s conclusion in this regard. The Panel nevertheless considered that such an interpretation of the paragraph in question was not compatible with the reality of local government. This was because such an interpretation could mean, effectively, the provision could be engaged every time a councillor used a microphone (being a council resource) in the Chamber to make a throwaway political point (given that doing so could be perceived, or even categorised, as imprudent, or as party- political activity). The Panel agreed the purpose of the relevant provisions in the paragraph was to prevent councillors from using council resources for campaigning activity (such as using council equipment to print campaign leaflets), or without thinking about the implications or consequences (such as using facilities wastefully). The Panel did not therefore find a breach of paragraph 3.25. 37. Overall conclusion in respect of Stage 1: The Panel noted it had found, overall, that the Respondent’s conduct, in respect of the Facebook posts of 22 September 2023 and 17 February 2024, and the email to a constituent of 22 September 2023, amounted, on the face of it, to a breach of paragraph 3.1 of the Code (which requires councillors to treat others with courtesy and respect). The Panel noted it had further found that the Respondent’s conduct, in respect of the Facebook post and email of 22 September 2023 amounted, on the face of it, to a breach of paragraphs 3.8 and 3.10 of the Code (which require councillors to refrain from criticising the conduct of individual officers in public). Stage 2: Whether a finding of a contravention of the Code would be a breach of the Respondent’s right to freedom of expression under Article 10 of the ECHR 38. The Panel noted that enhanced protection of freedom of expression under Article 10 applies to all levels of politics, including local politics. The Panel further noted that the Courts have held that political expression is a broad concept and that there is little distinction between political discussion and discussion of matters of public concern4. In this case, the Panel noted that both posts, and the email sent by the Respondent, related to matters of public interest and concern; namely a review of council 4 Thorgeirson v Iceland (1992) 14 EHRR 843 Page 33 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 19 services and the Council’s budget. In the circumstances, therefore, the Panel considered that the Respondent would attract the enhanced protection of freedom of expression afforded to politicians, including local politicians, under Article 10. Stage 3: Whether any restriction on the Respondent’s right to freedom of expression involved by a finding of a contravention of the Code would be justified by Article 10(2) of the ECHR 39. The Panel nevertheless noted that the right to freedom of expression is not absolute. Article 10(2) states that restrictions can be imposed, provided they are necessary in order to achieve a legitimate aim. The Panel noted that legitimate aims can include: • protecting the mutual bond of trust and confidence between councillors and officers that enables local government to function effectively; • ensuring council officers enjoy public confidence in conditions free of undue perturbation to allow them to be successful in performing their tasks; • ensuring public confidence in local government is not undermined and that a council is not brought into disrepute; • acting as a deterrent against future adverse behaviour; and • protecting the rights and reputations of others. 40. The Panel accepted, however, that the Courts have found any restriction on freedom of expression must be proportionate to the legitimate aim being pursued. As such, the Panel was required to undertake a balancing exercise, weighing the enhanced protection to freedom of expression enjoyed by the Respondent against any restriction the application of the Code and the imposition of any sanction entailed. In doing so, the Panel had regard to the following findings that have been made by the Courts: • The necessity of any restriction on the exercise of freedom of expression must be established convincingly and be in response to a pressing social need. • Freedom of expression is especially important for elected representatives, and there is little scope under Article 10(2) for restrictions on political speech or on debates on matters of public interest. • The less egregious the conduct in question, the harder it is for a Panel, when undertaking its balancing exercise, to justifiably conclude that a restriction on an individual’s right to freedom of expression is required5. • In a political context, a degree of the immoderate, offensive, shocking, disturbing, exaggerated, provocative, polemical, colourful, emotive, non-rational and aggressive, that would not be acceptable outside that context, is tolerated6. • Civil servants are open to criticism, including public criticism; but they are involved in assisting with and implementing policies, not (like politicians) making them. It is in the public interest that they are not subject to unwarranted comments that disenable them from performing their public duties and undermine public confidence in their public body7. • The acceptable limits of criticism are wider for non-elected public servants acting in an official capacity that for private individuals, because, as a result of their being in public service, it is appropriate that their actions and behaviour are subject to more thorough scrutiny. The limits are not as wide, however, as for elected politicians, who come to the arena voluntarily and have to ability to respond in kind which civil servants do not8. • Where critical comment is made of a civil servant, the requirement to protect that civil servant must be weighed against the open discussion of matters of public concern and, if the relevant comment 5 R (Calver) v Adjudication Panel for Wales (2012) EWHC 1172 (Admin) 6 Heesom (ibid) 7 Heesom (ibid) 8 Heesom (ibid) Page 34 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 20 was made by a politician in political expression, the enhanced protection given to the politician’s right to freedom of expression9. 41. The Panel noted that the Respondent had stated, in written representations provided in advance of the Hearing and included in the productions, that the protection provided under Article 10 “should be applied in accordance with the professional recommendation from the Ethical Standards Commissioner’s report”, being that a restriction on his right to freedom of expression under Article 10 could not be justified. The Panel noted, however, that at the Hearing the ESC departed from the position as outlined in his report. The Panel nevertheless agreed, that given the Respondent’s adoption of them, it was important to consider and address the arguments made in the ESC’s report in respect of Article 10. 42. The Panel noted that, in his report, the ESC referred to the case of Busuoic10 and, in particular, to the Court’s finding that “there are limits to the right to freedom of expression where an individual’s reputation is at stake and the applicant had a duty to act in good faith and to verify any information before publishing it”. 43. In this case, in respect of the September 2023 post and email, the Panel noted it had found the Respondent stated that the Complainer and Leader had initiated the review. The Panel noted it had found this to be incorrect, in that the Complainer had neither initiated the review nor taken part in the decision to undertake one. Instead, the Complainer was only instructed by councillors to carry out the review. The Panel noted that the Respondent had been present at the Council meeting on 23 February 2023 where the decision to initiate the review and instruct the Complainer to instigate it had been made. The Panel was satisfied, therefore, that the Respondent published the post and sent the email despite knowing the assertion he made in them, about the Complainer having initiated the review, to be incorrect and misleading. The Panel further noted that it had found the naming of the Complainer in the post and email to have been a deliberate attempt to link him, unfairly, to the decision to undertake the review and the criticisms that followed. 44. In respect of the February 2024 post, the Panel noted it had found that the Respondent’s reference to “the council and labours PR machine” inferred clearly, and publicly, that council officers were colluding with a political party to promote its messaging. The Panel had found that the Respondent had published the comment deliberately, in the knowledge that council officers must remain politically neutral and cannot collude with a particular political party or group. 45. The Panel was not satisfied, therefore, that the Respondent had acted in good faith in issuing the September 2023 email, and in publishing the September 2023 and February 2024 posts. 46. The Panel noted that in his report, the ESC had also referred to the case of Lombardo11. The Panel noted that the Court in the Lombardo case held that “where a statement amounts to a value judgement, the proportionality of an interference may depend on whether there exists a sufficient factual basis for that statement, since even a value judgement without any factual basis to support it may be excessive”. The Panel further noted that the Respondent sought to rely on a concession made by the Standards Commission in respect of an appeal against one of its decisions by an Aberdeen City councillor where it accepted a statement made by that councillor was a value judgement. 47. In this case, however, the Panel did not consider the Respondent’s statement in the September 2023 email and post that the “review was initiated by the Chief Executive of NLC, Mr Des Murray and [the 9 Heesom (ibid) 10 Busuioc v Moldova no. 61513/00, 21 December 2004 11 Lombardo (ibid) Page 35 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 21 Council Leader]” to be a value judgement or opinion. Instead, the Panel found it to be a statement of fact. This was because the Panel considered the statement to be clearly verifiable, in that the Complainer had been instructed only to carry out the review and had not been involved in the decision to initiate it. The Panel noted that this was not in dispute and, further, was clearly evident from the recorded webcast of the Council meeting on 23 February 2023 at which the decision was made by councillors and the instruction to the Complainer was given. The Panel noted that the Respondent himself stated, in his representations on the ESC’s report, that the information contained in the September 2023 post and email was “rooted in factual occurrences”. The Respondent also refuted the Complainer’s claim that the 2023 post was “factually incorrect”, instead contending it was “grounded in factual evidence”. 48. The Panel noted that the Courts have held that factual statements made in good faith with a reasonable evidential basis, or that are substantially true to a reasonable standard of proof, will be tolerated. As noted above, the Panel found that the Complainer was not involved in the decision to undertake the review. The Panel noted it had further found the Respondent deliberately stated the Complainer had initiated this with the Leader, despite the fact that he knew this not to be the case. As such, the Panel did not consider the Respondent’s statements were made in good faith, had a reasonable evidential basis or were substantially true to a reasonable standard of proof. 49. The Panel noted, in respect of the February 2024 post, that it had found the Respondent had inferred, deliberately, that there was collusion between council officers and the Labour Party. The Panel noted that the only justification or ‘evidence’ the Respondent had identified for making such an accusation was that the Council’s “Corporate Communications Team predominantly highlighted the achievements of those within the Administration”, whereas it had failed to “approach” a member of his Group to cover about a sporting accomplishment achieved by the individual in question. The Panel considered that even if there was any truth to this assertion, in no way would predominantly highlighting achievements of elected members from one group equate to, or be evidence of, the Council’s communications team being one and the same as that of the Labour Party (or, by inference, being in collusion with them in a blatant disregard for the requirement for council officers to be politically neutral). The Panel noted that it could just be the case that there were more members of the Administration and, therefore, more achievements on their part to highlight; or that they had requested information about their accomplishments be disseminated, whereas the Respondent’s colleague may not have done so. The Panel therefore did not consider there was a sufficient factual basis for the Respondent’s comment or that it been made in good faith. 50. The Panel noted that the Respondent, in his representations, had expressed concern that he was being “impeded in scrutinising the work of the council”, and that the contents of the September 2023 email and post were shared to provide “transparency”. The Panel further noted, with reference to the February 2024 post, that the Respondent stated that it was entirely within the remit of elected members to question whether the “substantial funding” allocated to the council’s Strategic Communications and Engagement Service was “the best possible use of public funds”. The Panel accepted that councillors have a key scrutiny role and are both entitled, and indeed expected, to engage in robust political debate. The Panel accepted, therefore, that the Respondent was fully entitled to scrutinise how the review had been conducted and to criticise the conduct of his political rivals in respect of both the decision to initiate it and to allegedly use it for political advantage. The Panel further accepted that the Respondent was fully entitled to scrutinise and make comment on the allocation of council funds across different council departments. The Panel noted no finding it had made would prevent the Respondent from doing so. 51. The Panel noted it had found, though, that the Complainer had been named, unnecessarily and deliberately, by the Respondent in the September 2023 email and post. The Panel did not consider that a finding of a breach of the Code for such unnecessary and deliberate naming of the Complainer, and implied criticisms of his conduct, could be said to affect the ability of the Respondent to criticise his Page 36 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 22 political opponents. This was because the Panel noted that there had been nothing to prevent the Respondent from raising his concerns about the pending review, its timing, or the conduct of his political rivals, without stating, deliberately and incorrectly, that the Complainer had initiated the review and without suggesting he had done so to serve some vested, political interest and / or would conduct it in a manner intended to have such an effect. Similarly, in respect of the February 2024 post, the Panel did not consider that there was anything that would have prevented the Respondent, in any way, from commenting on, or even criticising, the allocation of council funds without suggesting deliberately, and without some or any factual basis, that officers in a particular department were colluding with another political party and had, therefore, failed in their due to maintain politically neutrality. 52. The Panel noted the Courts have held that a wide degree of tolerance should be shown towards political speech. The Panel acknowledged that, if the September 2023 email and post had not mentioned the Complainer, and if the February 2024 post had not inappropriately and clearly inferred collusion between a council department and political party, the Respondent’s communications would have been unremarkable and not close to the threshold of tolerance. The Panel did not consider, therefore, that a restriction on the Respondent’s right to freedom of expression arising from a finding that he was disrespectful towards the Complainer (by subjecting him to an unwarranted public attack) or other council officers (by publicly questioning their neutrality) would have any impact whatsoever (let alone the chilling effect highlighted by the Court in Lombardo) on the Respondent’s (or any other elected member’s) right or ability to make political points, criticise political opponents, or question the allocation of council funds. 53. The Panel noted that as it had not found, at Stage 1, a breach of the Code in relation to the January 2024 emails, it was not obliged to consider the application of Article 10 in respect of them. Nonetheless, the Panel wished to note it disagreed with the ESC’s interpretation of the Lombardo case as permitting any, and all, public criticism of a local authority’s chief officer, even in the absence of such criticism having some basis in fact. The Panel noted that, in Lombardo, the Court was considering whether the restriction of the applicants’ (three councillors and a journalist) Article 10 rights in relation to comments made about a local council failing to consult the public and ignoring public opinion was justifiable. The Court held that “elected officials and journalists should enjoy a wide freedom to criticise the actions of a local authority, even where the statements made may lack a clear basis in fact”. The Panel considered it important to draw a distinction between interpreting the decision in Lombardo as a potential justification for public criticism of, on the one hand, an officer of a council, and, on the other, of actions taken by elected members of a council, as a whole, in rejecting a motion put forward at a council meeting. The Panel did not consider that Lombardo acted as justification for the first scenario. 54. The Panel further disagreed with ESC that the case law, and in particular the case of Gomes, suggested that any “perceived personal attack cannot be gratuitous if the author supports them with objective explanation”. The Panel noted that while the Court in the Gomes case did not find the impugned statement to have been a gratuitous personal attack, it made it clear that this was in the specific circumstances in which it was made (as is always the case in Article 10 jurisprudence), and noted, in any event, it could be considered polemical. The Panel agreed that a perceived personal attack could be entirely gratuitous even if it could be, or was, supported by an objective explanation. As an example, the Panel noted that it would be entirely gratuitous for a councillor to call a political opponent ‘fat’, out of the blue and as an aside, during a public debate on a wholly unrelated matter in the chamber, even if the individual the comment was directed towards was overweight. Evidence in respect of Mitigation and Sanction The Panel noted that the Respondent had submitted, as part of the written documents included in the productions, a statement entitled ‘Mitigation Impact’. Page 37 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 23 In this, the Respondent outlined concerns about the conduct of the Complainer and another Council officer and the Complainer’s motivation in making the complaint. The Respondent further cited concerns about the alleged action of the Standards Commission and advised he had endured significant stress as a result. The Panel further noted the Complainer had submitted an impact statement. In accordance with the Hearing Rules, the Panel was mindful of, and took into account, the fact that this statement had not been taken under oath and could not be tested, given the Complainer had not been asked to give evidence at the Hearing. The Panel noted that the Complainer advised, in his impact statement, that: • The impact on his health and well-being caused by the conduct in question had been significant on both a personal and professional level and caused him a great amount of stress. • He felt the post and email contained comments that were wholly inaccurate and damaging, and lacked any basis or justification. The Complainer advised he considered the comments had been made purely for political reasons and led to him feeling as though he had been targeted personally and attacked in his role as Chief Executive. • He considered his integrity, honesty, character and independence as the head of paid service had all been questioned and, given the review was highly contentious and led to strong feelings, created a risk to his personal safety. • He felt he had no choice other than to lodge a complaint with the ESC. • He considered that the Respondent’s conduct brought the Council into disrepute. SANCTION The decision of the Hearing Panel was to suspend, for a period of two months with effect from 18 December 2024, the Respondent, Councillor Lennon, from all meetings of the council and of any committee or sub- committee thereof and of any other body on which the councillor is a representative or nominee of the council or body. This sanction was made under section 19(1)(c) terms of the Ethical Standards in Public Life etc. (Scotland) Act 2000. Reasons for Sanction 1. In determining the appropriate sanction, the Panel considered: • firstly, whether the interference (i.e. the proposed sanction) was the minimum necessary, or whether less restrictive means could be employed; and • secondly, whether the benefit of that least restrictive measure outweighs its adverse impact on the Respondent’s right to freedom of expression. For example, whether any benefit in applying a sanction in respect of protecting the rights and reputations of others, and to ensure good administration which enables local government to function effectively, would outweigh any impact on the Respondent. 2. In making its decision on sanction, the Panel had regard to the Standards Commission’s Policy on the Application of Sanctions. A copy of the policy can be found on the Standards Commission’s website, at: https://www.standardscommissionscotland.org.uk/cases/hearing-rules. 3. The Panel began by assessing the nature and seriousness of the breach of the Code. The Panel agreed the provisions that require councillors must behave with courtesy and respect towards others (including council officers), and to refrain from undermining or criticising them in public, are key requirements of the Code. The Panel noted that a failure to adhere to those provisions can lower the standards of public debate and erode public confidence in councillors and the local authorities they represent. The Panel further noted that the provisions protect the mutual bond of trust and confidence between councillors and officers, which allows local government to function effectively. In this case, the Panel noted the Page 38 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 24 Respondent had agreed, as part of his acceptance of office as a councillor, that he would adhere to the terms of the Code. 4. The Panel noted it had found that the Respondent had published the post and sent the email in September 2023 deliberately, despite knowing that they contained incorrect information, and despite their contents inferring clearly that the Complainer had failed to maintain political neutrality. The Panel considered that such a public accusation about the Complainer, as the Council’s senior officer, could have been highly damaging, both to his reputation and that of the local authority, given the accepted and widely-known obligation on officers to be politically neutral and to serve the Council as a whole. 5. The Panel further noted that it had found the Respondent had been discourteous to other council officers by publicly inferring that, instead of being politically neutral and working to implement decisions made by the Administration, they were colluding with a specific political party to promote its messaging. The Panel again noted that such an accusation could erode public confidence in the Council and undermine the mutual bond of trust and confidence between councillors and officers, which allows it to function effectively. The Panel was of the view, therefore, that the breaches of the Code it had found were serious in nature. 6. The Panel then considered the aggravating and mitigating factors as set out in the Policy on the Application of Sanctions, beginning with those in mitigation. The Panel noted that mitigating factors are those that may lessen the severity or culpability of the breach. 7. The Panel did not consider any of the points the Respondent had made in his “Mitigation Impact” statement to be relevant. This was because a breach of the Code was precisely that, regardless of a Complainer’s motivation in making the complaint. The Panel noted the Respondent’s accusation that the Complainer had been involved in initiating the review to serve some vested, political interest was unfounded and unconnected to the matters that appeared to have led to the breakdown in the relationship between the Complainer and the Respondent’s political group. Similarly, the Respondent had no involvement with the Standards Commission at the time of the events in question. As such, it could not be said that any stress suffered as a result of his dealings with it, were a mitigatory factor in terms of the conduct that was found to be a breach of the Code. 8. The Panel accepted nevertheless, in mitigation, that the Respondent had co-operated fully with the investigative process. The Panel further noted there had not been any previous findings of a contravention of the Code by the Respondent. The Panel also noted that the Respondent had not named any specific officers in the post of 17 February 2024 and had removed the Complainer’s name from the post of 22 September 2023 after a few days (albeit only after the Council’s Monitoring Officer had raised concerns about it with him), meaning the extent of the breach was somewhat limited. 9. The Panel then proceeded to consider whether there were any aggravating factors; being ones that may increase the severity or culpability of the breach. 10. The Panel acknowledged that the Respondent had every right to scrutinise the decision taken by his fellow councillors to instigate the review, and to query how his political opponents may seek to profit from its timing and outcome. The Panel considered, however, that the deliberate inclusion of the Complainer in this criticism and scrutiny, despite the knowledge that the decision to undertake the review had been made by councillors, was wholly unfair and inappropriate, and amounted to a personal attack. The Panel accepted that such an unjustified public inference that he had failed to maintain political neutrality would have been distressing for the Complainer (for the reasons previously outlined), particularly given he had no right of public reply or control over who and how many individuals viewed the September 2023 post and email, and given neither could never be permanently deleted (as the email Page 39 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 25 could have been forwarded to anyone and any individual viewing the post could have retained a screenshot of its content). 11. The Panel further noted that while the Respondent had removed the Complainer’s name from the September 2023 post after the Council’s Monitoring Officer raised concerns about it with him, he had retained the Complainer’s job title. The Panel was satisfied, therefore, that he had deliberately chosen to do so, despite knowing the content of the post to be false and misleading. The Panel was concerned that the Respondent had not demonstrated any insight into how the September 2023 post and email could have been perceived and its potential impact on the Complainer or how the February 2024 post may have affected other council officers. The Respondent had further not demonstrated any awareness of the potential impact of providing the public with misleading information. The Panel was further concerned that the Respondent had not proffered any apology, nor demonstrated any remorse for his actions. 12. The Panel was of the view that a censure, being the minimum sanction available to the Panel, was not appropriate in light of the seriousness of the conduct, its deliberate nature and the impact it had on the Complainer, and the potential impact on other council officers. The Panel also noted the effect the Respondent’s conduct could have had on the relationship between council officers and elected members and on the reputation of the Council as a whole. As such, the Panel agreed that a censure would not achieve the aims, as outlined in the Policy on the Application of Sanctions, of: • preserving the ethical standards framework; • promoting adherence to the Councillors’ Code of Conduct; • maintaining and improving the public’s confidence that councillors will comply with the Code and will be held accountable if they fail to do so; and • achieving credible deterrence. 13. Having considered the nature and seriousness of the breach, as well as any aggravating and mitigating factors identified, the Panel concluded the imposition of a relatively short suspension was the appropriate sanction in the circumstances. The Panel considered this was the minimum necessary sanction to achieve the aims outlined above and, in particular, to protect the reputation of the Complainer and other council officers and their right to perform their duties without being subject to disrespectful behaviour and unwarranted personal attacks. The Panel was of the view it was also necessary to discourage other councillors from engaging in similar conduct. 14. The Panel noted that it may have imposed a longer suspension had it found the other aspects of the complaint to have met the threshold for amounting to a breach of the Code. The Panel also noted that the Respondent’s conduct had been limited in duration given there was no evidence that his allegation that the Complainer had initiated the review, or inference that council officers were colluding in their communications with the Labour Party, had been repeated in the media. In the circumstances, the Panel did not consider a disqualification or more lengthy suspension was warranted or justified. 15. The Panel was also satisfied that the necessary interference (being the short suspension) outweighed the adverse impact on the Respondent’s right to freedom of expression. 16. Having considered all of the matters outlined above, the Panel concluded, on balance, that the appropriate sanction, in the circumstances, was to suspend fully the Respondent, for a period of two months, with effect from 18 December 2024. RIGHT OF APPEAL The Respondent has a right of appeal in respect of this decision, as outlined in Section 22 of the Ethical Standards in Public Life etc. (Scotland) Act 2000. Page 40 of 172
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COUNCILLOR GREG LENNON NORTH LANARKSHIRE COUNCIL 26 Date: 17 December 2024 Helen Donaldson Chair of the Hearing Panel Page 41 of 172
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1. 2024 v2 SUSPENSION GUIDANCE 1. Introduction 1.1 Section 19 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (the 2000 Act) outlines the options available to the Standards Commission, following the finding of a breach of their respective Codes of Conduct by a councillor or member of a devolved public body, at a Hearing it has conducted. 1.2 Section 19 obliges the Standards Commission to impose a sanction upon the finding of a breach. The options available to the Standards Commission under Section 19(1) are to censure, suspend or disqualify the councillor or member. Section 19(1) is reproduced below. 19 Action on finding of contravention (1) Where the members of the Commission conducting a hearing find that a councillor has contravened the councillors’ code or a member of a devolved public body the members’ code, they shall impose one of the following sanctions— (a) censuring, but otherwise taking no action against, the councillor or member; (b)suspending, for a period not exceeding one year, the councillor’s or member’s entitlement to attend one or more but not all of the following— (i) all meetings of the council or body; (ii) all meetings of one or more committees or sub-committees of the council or body; (iii) all meetings of any other body on which the councillor or member is a representative or nominee of the council or body; (c) suspending, for a period not exceeding one year, the councillor’s or member’s entitlement to attend meetings of the council or body and of any committee or sub-committee thereof and of any other body on which the councillor or member is a representative or nominee of the council or body; (d) in the case of a councillor, disqualifying the councillor for a period not exceeding five years, from being, or from being nominated for election as, or from being elected, a councillor; (e)in the case of a member of a devolved public body, removing the member from membership of the body and disqualifying the member, for a period not exceeding five years, from membership of the body. 1.3 Section 21 of the 2000 Act provides the Standards Commission with the power to impose an interim suspension on a councillor or member of a devolved public body on receipt of an interim report from the Ethical Standards Commissioner (ESC) on an ongoing investigation. APPENDIX 2 Page 42 of 172
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2. 2024 v2 1.4 Section 19(8) provides that the Standards Commission should, after undertaking a consultation, issue guidance to councils on the extent to which a councillor should engage in activities (other than those mentioned in subsection 1(c)) which are, or could be perceived to be, the activities of a councillor during a period of suspension. 1.5 The purpose of this document is to provide such guidance. It is only intended to cover the activities of a councillor where a period of full suspension has been imposed (either on the finding of a breach under Section 19(1)(c), or as an interim measure under Section 21), as opposed to a partial suspension under Section 19(1)(b). 2. Aims 2.1 The overriding aim of this guidance is to provide clarity in respect of the impact / effect of a suspension. The purpose of imposing any restrictions on the activities of a councillor during a period of suspension is to: • discourage or prevent them from any future failure to comply with the Councillors’ Code of Conduct; • to deter similar conduct by other elected members; • protect other individuals who may be impacted adversely by the councillor’s conduct; • to prevent the Council from being brought into disrepute; and • to help ensure that public confidence in councils and councillors is maintained. 2.2 The Standards Commission recognises that councillors have been elected democratically to undertake certain tasks and that their ability to help and serve constituents should only be restricted where such a restriction is justified in the specific circumstances of the case. 2.3 This guidance is not intended to be exhaustive as it is not possible to cover every activity or duty a councillor may be expected to undertake in their role. 3. Guidance 3.1 Activities: Councillors who have been suspended by the Standards Commission under Section 19(1)(c) or Section 21 cannot, during the period of suspension, engage in any of the following: • council decision-making; • developing and reviewing policy; • regulatory, quasi-judicial and statutory duties; • formal scrutiny of service performance; • member / officer working groups; • attending meetings of any other body on which the councillor is a representative or nominee of the Council; • meetings with council officers (other than those an objective individual with knowledge of a councillor’s role would consider to be reasonably required to undertake the duties listed under paragraphs 3.3 and 3.4 below); and • partnership work with outside bodies. 3.2 Councillors who have been suspended by the Standards Commission under Section 19(1)(c) or Section 21 are not, during the period of suspension, to undertake any ceremonial duties or attend any external events or functions where they are representing the Council. Page 43 of 172
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3. 2024 v2 3.3 Councillors who have been suspended by the Standards Commission under Section 19(1)(c) or Section 21 are not, during the period of suspension, entitled to send a substitute along to meetings (including committee meetings). 3.4 Councillors who have been suspended by the Standards Commission under Section 19(1)(c) or Section 21 should still be entitled, during the period of suspension, to attend and participate in: • local bodies such as Community Councils, Local Area Forums and voluntary organisations (except meetings of any other body on which the councillor is a representative or nominee of the Council); • political group meetings, campaigns and events; and • training events; unless the Hearing Panel of the Standards Commission has confirmed in its written decision that the councillor should not do so. 3.5 Councillors who have been suspended by the Standards Commission under Section 19(1)(c) and Section 21 are entitled, during the period of suspension, to hold constituent surgeries and to: • seek information on a constituent’s behalf in respect of a case; • advise Council officers of a constituent’s views; • help a constituent make their views known to the relevant Council officer; • give a constituent advice on the correct procedure to follow and who to contact; and • raise concerns a constituent may have about a Council service / decision, unless the Hearing Panel of the Standards Commission has confirmed that they should not do so in its written decision. 3.6 A Hearing Panel of the Standards Commission, in imposing a suspension under Section 19(1)(c) or Section 21, may restrict the councillor’s entitlement to contact officers or hold constituent surgeries and / or assist constituents. This may be in circumstances where it has concerns (based on the complaint, the ESC’s interim or final report and / or its findings at a Hearing), that the councillor either poses a threat to officers or constituents, could bring the council or the role of a councillor into disrepute or disrupt the effective operation of the Council. In making such a determination, a Panel will consider the principles of fairness, public interest and proportionality. The following list provides some examples of circumstances where it might do so: • where the Hearing Panel has found that the councillor was repeatedly or seriously disrespectful to officers or third parties; • where the Hearing Panel has found that the councillor participated in, or condoned, any acts of harassment, discrimination, victimisation, bullying or other threatening behaviour; and / or • where the Hearing Panel has found that the councillor deliberately abused confidential, privileged or sensitive information for personal gain or for the gain of a close personal associate. 3.7 Nothing in this Guidance precludes a councillor who has been suspended by the Standards Commission under Section 19(1)(c) or Section 21 from contacting the council, council officers or using council services in their capacity as a member of the public, and in the same way as any other member of the public would be entitled. 3.8 Access to Information: Councillors who have been suspended by the Standards Commission under Section 19(1)(c) or Section 21 are entitled, during the period of suspension, to receive papers and correspondence from officers that they would normally expect to receive, had they not been suspended. Page 44 of 172
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4. 2024 v2 4. Assistance Any councillor or officer requiring assistance in interpreting and applying this guidance should contact the Standards Commission: enquiries@standardscommission.org.uk. Page 45 of 172
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North Lanarkshire Council Report Council Does this report require to be approved? ☒ Yes ☐ No Ref Date 13/03/25 Scheme of Delegation to Officers From Archie Aitken, Chief Officer (Legal and Democratic) E-mail hamillm@northlan.gov.uk Telephone 07811294702 1. Background 1.1 The Scheme of Delegation to Officers (hereafter referred to as “the Scheme”) is a document which lists the powers and authority which the Council has agreed be granted to officers and details which officers have been granted such powers and authority. Executive Summary The purpose of this report is to seek approval of the amended Scheme of Delegation to Officers. Recommendations It is recommended (1) that the amended Scheme of Delegation to Officers, as attached at Appendix 1 to this report, be approved; (2) that it be noted that, should the job title of an officer change, the Chief Officer (Legal and Democratic) has delegated authority to update the Scheme of Delegation to Officers, and (3) that the roles within the Council and the designated officer as set out in Sections 2.9 and 2.10 of the report be approved. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (23) Build a workforce for the future capable of delivering on our priorities and shared ambition Programme of Work Statutory / corporate / service requirement Item 5 Page 47 of 172
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1.2 The absence of an agreed Scheme would have the effect that the Council would need to undertake all the operational actions, as detailed in the Scheme, itself which would be virtually impossible to facilitate. Therefore, the Scheme is an essential governance document to enable the Council to carry out its operational duties, obligations and responsibilities. 2. Report 2.1 The Council agreed the current Scheme on 5 October 2023. 2.2 It is considered good practice to review the Scheme on an annual basis, and the latest review commenced in October 2024. As part of that review, all Chief Officers were given the opportunity to request additions to the Scheme, to remove delegations no longer required or to amend delegations. This included the list of respective officers to whom each delegated power was granted. 2.3 In addition, the Policy and Strategy Committee at its meeting on 26 September 2024 noted the update on the achievement of the financial savings that will be delivered for 2025/26 in respect of the Chief Officer review in relation to the Chief Executive’s Service, as agreed as part of the 2024/25 budget setting process at the Council meeting on 15 February 2024. 2.4 As a result of the reduction from six to five Chief Officers in the Chief Executive’s Service, the resultant impact on the remaining five Chief Officer portfolios is as noted below The Technology Solutions function of Business and Digital will transfer to Finance, with a change to the Chief Officer title to Finance and Technology. This includes corporate and schools’ technical support and services, and technical field services. The Business Strategy function of Business and Digital will transfer to Strategic Communications and Engagement, with a change to the Chief Officer title to Strategy and Engagement. The Information Security function from Business and Digital will transfer to Legal and Democratic. The resultant changes to the Business and Digital delegations are set out in Appendix 2 to this report and are included in the updated Scheme. 2.5 The Scheme, as attached at Appendix 1 to this report, lists all delegations by theme, rather than by Service. Each theme has been given a section number and within each section, each specific delegation is given a unique number to aid reference and identification. An index has also been included for each theme for ease of use. 2.6 Where necessary, should a job title change but the delegation remains unchanged, the Chief Officer (Legal and Democratic) has delegated authority to update the Scheme. 2.7 It is recommended that Council approve the Scheme, as attached at Appendix 1 to this report. 2.8 There are a number of additions, alterations and deletions set out in Appendix 3 to this report. Page 48 of 172
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Statutory Roles 2.9 There are currently a number of roles to which the required by law or best practices these are as follows: • Head of Paid Service – Chief Executive • Clerk to the Licensing Board – Chief Officer (Legal and Democratic) • Monitoring Officer – Chief Officer (Legal and Democratic) • Senior Information Risk Owner – Chief Officer (Legal and Democratic) • Senior Responsible Officer, Regulation of Investigatory Powers (Scotland) Act 2000 (RIPSA) – Chief Officer (Legal and Democratic) • Single Point of Contact for Serious Organised Crime and Counter Terrorism – Chief Officer (Legal and Democratic) • Company Secretary to North Lanarkshire Properties LLP – Legal Manager • Data Protection Officer – Principal Solicitor (Information Governance) • Section 95 Officer – Chief Officer (Finance and Technology) • Chief Social Work Officer – Chief Social Work Officer (Children, Families, Justice and Integrated Practice) • Chief Planning Officer - Planning and Place Manager 2.10 Council is asked to approve the above designations. 3. Measures of success 3.1 To enable the Council to carry out its operational and statutory duties, obligations and responsibilities. 4. Supporting documentation Appendix 1 – Proposed amended Scheme of Delegation to Officers. Appendix 2 – Changes associated with the functions of Business and Digital. Appendix 3 – A Summary of Additions, Alterations and Deletions to the Scheme Archie Aitken Chief Officer (Legal and Democratic) Page 49 of 172
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☒ 5.2 Financial impact Does the report contain any financial impacts? Yes ☐ No ☒ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☒ No ☐ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? In accordance with legislation, any Officer listed as being provided with a delegation is, de facto, deemed to hold a politically restricted post. 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☒ No ☐ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The Scheme details the authority granted to officers to allow the Council to fulfil its duties in respect of statutory obligations. 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ 5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ Page 50 of 172
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If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☒ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? The updated Scheme will be placed on the Council website. 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? If the Council does not have in place an agreed Scheme, then there is a risk that Services would not be able to carry out operational duties without requiring continued and ongoing authority from the Council, which would be difficult to achieve due to the volume of activity which requires to be undertaken. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. 5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 51 of 172
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Page 1 of 62 APPENDIX 1 Scheme of Delegation to Officers Approved by Council: * Page 52 of 172
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Page 2 of 62 Table of Contents General ............................................................................................................................................................................................................................................. 5 Internal Audit ................................................................................................................................................................................................................................... 6 General Delega�ons ......................................................................................................................................................................................................................... 6 Award of Grants ............................................................................................................................................................................................................................... 8 (including Trust Schemes and the Local Development Fund) and (excluding grants associated with Educa�on) ........................................................................... 8 Best Value, Corporate Governance and Good Governance ............................................................................................................................................................. 9 Building Standards ......................................................................................................................................................................................................................... 10 Burial and Crema�on ..................................................................................................................................................................................................................... 10 Business.......................................................................................................................................................................................................................................... 11 Byelaws .......................................................................................................................................................................................................................................... 11 Child Protec�on.............................................................................................................................................................................................................................. 12 Children and Young People ............................................................................................................................................................................................................ 12 (excluding educa�on and social work maters) ............................................................................................................................................................................. 12 Civic Hospitality .............................................................................................................................................................................................................................. 13 Civic Licensing ................................................................................................................................................................................................................................ 13 (incl. Taxi, Cinema, Theatre Licensing and Public Processions) ...................................................................................................................................................... 13 Community Empowerment ............................................................................................................................................................................................................ 15 Community Learning and Development ........................................................................................................................................................................................ 16 Complaints ..................................................................................................................................................................................................................................... 16 Condi�ons of Service ..................................................................................................................................................................................................................... 16 Conferences ................................................................................................................................................................................................................................... 17 Consulta�ons ................................................................................................................................................................................................................................. 17 Consumer Protec�on ..................................................................................................................................................................................................................... 17 (including Trading Standards, Protec�ve Services, Food Safety, Food Standards, Health and Safety, Public Health) ................................................................... 17 Page 53 of 172
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Page 3 of 62 Contracts and Tenders ................................................................................................................................................................................................................... 19 Council and Commitee Mee�ngs .................................................................................................................................................................................................. 20 Council Tax and Rates ..................................................................................................................................................................................................................... 21 Council Tenants .............................................................................................................................................................................................................................. 22 Data Sharing ................................................................................................................................................................................................................................... 22 Educa�on ....................................................................................................................................................................................................................................... 22 (excluding school specific, teaching staff and exclusions) ............................................................................................................................................................. 22 Educa�on (Atendance) .................................................................................................................................................................................................................. 23 Educa�on (Exclusions) .................................................................................................................................................................................................................... 24 Educa�on (Grants, Awards and Trust Schemes) ............................................................................................................................................................................ 24 Elected Members ........................................................................................................................................................................................................................... 25 Emergencies (also see General Delega�on 1.4) ............................................................................................................................................................................. 26 Establishment Changes .................................................................................................................................................................................................................. 26 Environmental Protec�on .............................................................................................................................................................................................................. 26 Fees and Charges ........................................................................................................................................................................................................................... 27 Finance/Financial Maters .............................................................................................................................................................................................................. 28 Fixed Penalty No�ces ..................................................................................................................................................................................................................... 30 Glasgow City Region ....................................................................................................................................................................................................................... 30 Housing (both Social and Private) .................................................................................................................................................................................................. 30 Housing Repairs and Maintenance ................................................................................................................................................................................................ 33 Informa�on Technology (IT) ........................................................................................................................................................................................................... 33 Insurance ........................................................................................................................................................................................................................................ 34 Legal Maters .................................................................................................................................................................................................................................. 34 Liquor Licensing ............................................................................................................................................................................................................................. 35 Mee�ng Accommoda�on .............................................................................................................................................................................................................. 36 Mental Health ................................................................................................................................................................................................................................ 36 Page 54 of 172
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Page 4 of 62 Natural Habitats ............................................................................................................................................................................................................................. 36 Parks, Open Spaces and Land......................................................................................................................................................................................................... 36 Partnership ..................................................................................................................................................................................................................................... 38 People with Disabili�es .................................................................................................................................................................................................................. 38 Pe��ons ......................................................................................................................................................................................................................................... 39 Planning and Enforcement ............................................................................................................................................................................................................. 39 Poli�cally Restricted Posts.............................................................................................................................................................................................................. 43 Projects .......................................................................................................................................................................................................................................... 43 Property ......................................................................................................................................................................................................................................... 44 Property/Estate Management ....................................................................................................................................................................................................... 45 Refugees and Asylum Seekers ........................................................................................................................................................................................................ 45 Residen�al Care ............................................................................................................................................................................................................................. 45 Roads and Transporta�on .............................................................................................................................................................................................................. 46 Schools (incl. pre-school and Addi�onal Support Needs) .............................................................................................................................................................. 54 School Transport ............................................................................................................................................................................................................................ 56 Social Work (General) .................................................................................................................................................................................................................... 56 Social Work (Adult) ........................................................................................................................................................................................................................ 57 Social Work (Children and Young People) ...................................................................................................................................................................................... 58 Sports Ground Safety ..................................................................................................................................................................................................................... 60 Teaching Staff ................................................................................................................................................................................................................................. 60 Page 55 of 172
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Page 5 of 62 General The func�ons delegated to the Chief Execu�ve and to the Depute Chief Execu�ve are exercisable also by officers at the levels indicated in the right-hand margin opposite the par�cular func�on. In exercising any delegated func�on, the nominated officer will take account of any appropriate Council prac�ce or procedure, of any managerial instruc�on given and of any other similar considera�on. Where the named Chief Officer is unavailable to undertake the respec�ve delega�on, All Chief Officers may do so, in so far as they have sa�sfied themself that they have sufficient informa�on on, and understanding of, the issues rela�ng to the exercise of the delega�on. Any statutory maters of a Legal, Financial and Social Work standing are excluded and the appropriate delega�ons may only be exercised by the specified officers. Qualifica�ons on Delega�ons The Scheme of Delega�ons to Officers, is subject always to:- 1. the policies adopted by the Council from time to time; 2. appropriate provision for financial outlays having been made in the estimates for the current year; 3. the right of an officer to consult with the Chief Executive on any matter or to refer any matter to the appropriate Committee or Sub-Committee of the Council; 4. the obligation on the Chief Executive and on each Chief Officer to arrange consultations with individual local Members on matters which affect their areas in all cases in which the Council practice or procedures so require, and 5. the requirement that the Chief Executive and all Chief Officers observe the principles of corporate management. Page 56 of 172
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Page 6 of 62 Internal Audit Internal Audit’s purpose, authority and responsibility are formally laid out in the Internal Audit Charter which establishes Internal Audit’s posi�on within the Council, including the nature of the Chief Officer (Audit and Risk) func�onal repor�ng rela�onship with senior management and the Audit and Scru�ny Panel; authorises access to records, personnel and physical proper�es rela�ve to the performance of audit engagements; and defines the scope of Internal Audit ac�vi�es. Although the Charter is discussed and agreed with senior management (including the Chief Execu�ve), in line with good governance and professional best prac�ce, final approval of the Internal Audit Charter resides with the Audit and Scru�ny Panel, ac�ng as the Council’s audit commitee. The Internal Audit Charter is subject to periodic review and the current terms of reference under which Internal Audit operate were most recently approved by the Audit and Scru�ny Panel in September 2021. No. Delega�on Officers with Delegated Authority 1 General Delega�ons 1.1 To exercise the powers of the Employer in respect of contracts in which the Council is Employer including, without prejudice to the foregoing generality, contracts under the Ins�tu�on of Civil Engineers Condi�ons of Contract; NEC Engineering and Construc�on Condi�ons of Contract; condi�ons of contract; SBCC Standard Building Contract with Quan��es for use in Scotland; SBCC Measured Term Contract for use in Scotland, and SBCC Minor Works Building Contract for use in Scotland. Chief Execu�ve Chief Officer (Legal and Democra�c) 1.2 Following appropriate consulta�on (as required), to authorise changes (increases and reduc�ons) in the establishment, up to and including Chief Officer level, subject to appropriate guidelines and with the assurance of the Service that the cost of any employment decisions can be met from within the approved budget of that Service for posts up to including NLC18 and following approval from the Workforce Steering Group. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.3 To authorise and determine applica�ons for early re�rement and voluntary severance in accordance with approved procedure and Council policy. Chief Execu�ve Depute Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (Finance and Technology) 1.4 The Chief Execu�ve and any Chief Officer shall be permited to engage students of relevant disciplines for employment during the summer vaca�on period subject to the number of students involved in each instance being agreed with the Chief Officer (People Resources). Chief Execu�ve Depute Chief Execu�ve All Chief Officers Page 57 of 172
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Page 7 of 62 No. Delega�on Officers with Delegated Authority 1.5 The Chief Execu�ve and each Chief Officer is authorised to authorise the atendance of employees at courses or seminars within the United Kingdom subject to adequate financial provision exis�ng within the Service budget and to a cost limit per event of £1,500 in respect of each such employee. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.6 The Chief Execu�ve and each Chief Officer, subject to the applica�on of par�cular policies and procedures as agreed by the Council from �me to �me, is authorised to take all necessary ac�on in connec�on with the management of his/her Service including the employment of staff up to Chief Officer grade within the establishment, authorisa�on of over�me, authorisa�on of leave, implementa�on of disciplinary procedures and procedures for setling grievances and, in consulta�on as appropriate with the Chief Officer of People Resources, to apply the Approved Scheme for staff en�tled to receive ac�ng up payments and exercise the discre�ons available for the purposes of administra�on of that scheme, all subject to, in addi�on to the policies of the Council, the appropriate condi�ons of service whether na�onal or as applied locally. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.7 The Chief Execu�ve and each Chief Officer is authorised to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers in connec�on with the discharge of their du�es including, where appropriate, the right to enter land and premises and to sign and issue no�ces). Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.8 The Chief Execu�ve and each Chief Officer is authorised to grant use of Council accommoda�on allocated to or under the control of his/her Service to outside bodies for the purpose of holding mee�ngs and func�ons etc subject to the Council’s policies and procedures as may be updated from �me to �me. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.9 The Chief Execu�ve and each Chief Officer is authorised, a�er consulta�on with the Chief Officer (Legal and Democra�c), to authorise and make an ex gratia payment not exceeding £10,000 in any one case in any instance in which, following a complaint to the Sco�sh Public Services Ombudsman, it is considered that the service provided by the Council to the person who has made representa�ons to the Ombudsman is below an acceptable standard and that it is appropriate to make such a payment. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.10 To respond to enquiries or consulta�ons made or undertaken by a Government Department, by the Conven�on of Sco�sh Local Authori�es, by another local authority or by another body where views are sought on behalf of the Council and where the �mescale for response does not appropriately allow for considera�on at Commitee level, subject to subsequent repor�ng to the appropriate Commitee. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.11 To respond to enquiries or consulta�ons made or undertaken by a Government Department, by the Conven�on of Sco�sh Local Authori�es, by another local authority or by another body where views are sought on behalf of the Council and where the �mescale for response does not appropriately allow for considera�on at Commitee level, subject to subsequent repor�ng to the appropriate Commitees. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 1.12 To give a direc�on in special circumstances that any officer shall not exercise a delegated power. Chief Execu�ve 1.13 In the absence of the Chief Execu�ve to act as Proper Officer for the statutory purposes for which the Council designates the Chief Execu�ve as Proper Officer. Chief Officer (Legal and Democra�c) Page 58 of 172
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Page 8 of 62 No. Delega�on Officers with Delegated Authority 2 Award of Grants (including Trust Schemes and the Local Development Fund) and (excluding grants associated with Educa�on) 2.1 To approve grants to voluntary organisa�ons of up to £5,000 provided that the applica�on is not in excess of £5,000 (excluding any grants made under and in terms of Sec�on 10 of the Social Work (Scotland) Act 1968 (so far as it is exercisable in rela�on to another integra�on func�on). Chief Execu�ve Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Planning Performance and Quality Assurance) Chief Officer (Adult Social Work Services) Chief Officer (Strategy and Engagement) Area Community Partnership Managers 2.2 To make grants up to a maximum of £5,000 to local voluntary groups, youth clubs, community groups, organisa�ons providing a direct service to the community. Depute Chief Execu�ve Chief Officer (Strategy and Engagement) Area Community Partnership Managers 2.3 To make grants in case of urgency to voluntary organisa�ons and other relevant bodies to a financial limit of £30,000 in any one case subject to a subsequent report to the appropriate Commitee and, in the case of grants from Sco�sh Government funding, prior consulta�on with the appropriate North Lanarkshire Partnership Board. Chief Execu�ve 2.4 To determine and make payment of grants and loans to individuals or community and voluntary organisa�ons, up to a maximum limit of £50,000, as determined by the opera�ng guidelines of the respec�ve programme. Chief Execu�ve 2.5 To approve grant funding to tenants groups and the North Lanarkshire Federa�on of Tenants and Residents Associa�ons, to support the delivery of the Council’s Tenant Par�cipa�on Strategy, subject to available funding. Depute Chief Execu�ve Chief Officer (Housing) Housing Solu�ons Manager Housing Strategy Manager 2.6 To deal with all applica�ons for Crisis Grants and Community Care Grants under the Sco�sh Welfare Fund in terms of appropriate legisla�ve provisions and in accordance with Council policy. Depute Chief Execu�ve Chief Officer (Finance and Technology) 2.7 To receive and determine applica�ons for disbursement of funds in accordance with the provisions of trust schemes vested in the Council and any endowments administered by those trusts. Depute Chief Execu�ve Chief Officer (Strategy and Engagement) 2.8 Authority to make awards from the Local Development Fund for community infrastructure projects up to value of £10,000. Depute Chief Execu�ve Chief Officer (Strategy and Engagement) Area Community Partnership Managers Page 59 of 172
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Page 9 of 62 No. Delega�on Officers with Delegated Authority 2.9 To authorise payment, up to a maximum of £1,000, toward the cost of arranging or assis�ng in arranging holidays or other temporary absences from North Lanarkshire of any child looked a�er by the Council. Chief Social Work Officer (Children, Families Jus�ce and Integrated Prac�ce) (Senior Educa�on and Family Managers (Social Work) Educa�on and Family Managers (Social Work) 2.10 After consultation with the local Members, to make grants to householders for the purpose of making good fabric and decoration (excluding curtains) in houses affected by the Council under the Noise Insulation (Scotland) Regulations 1975 at the rates and on the conditions which may be prescribed from time to time by the Council. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service City Deal Manager 3 Best Value, Corporate Governance and Good Governance 3.1 Local Authority Accounts (Scotland) Regula�ons 2014: • In respect of Regula�on 5(2) - to conduct a review at least once in each financial year of the effec�veness of its system of internal control. • In respect of Regula�on 5(3) - the findings from the review at 5(2) “must be considered at a mee�ng either of the local authority or of a commitee of the local authority whose remit includes audit or governance func�ons”. • In respect of Regula�on 5(4) - a local authority in Scotland the statement is an annual governance statement • In respect of Regula�on 5(5) - annual governance statement must be signed by the Chief Execu�ve and Leader of the Council. Chief Officer (Strategy and Engagement) Business Strategy Manager Strategy and Performance Manager 3.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 Sec�on 14 - Best Value and Accountability - Secure con�nuous improvement in performance whilst maintaining balance between quality and cost. Chief Officer (Strategy and Engagement) Business Strategy Manager Strategy and Performance Manager Page 60 of 172
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Page 10 of 62 No. Delega�on Officers with Delegated Authority 4 Building Standards 4.1 In respect of the Building (Scotland) Act 2003, the Building Standards (Scotland) Regula�ons 2004 and the Building Procedural (Scotland) Regula�ons 2004 • to determine all applications for building warrant • to refer matters of doubt to the Scottish Ministers in accordance with Section 12 of the Building (Scotland) Act 2003 • to issue Statutory Notices of intention and orders in respect of Section 28, 29 and 30 of the Building (Scotland) Act 2003 (excluding instances where appeals to the Sheriff have been intimated or application to which objections have been made) • in emergency situations, to exercise the powers under Section 29 of the Building (Scotland) Act 2003, relative to dangerous buildings to instruct execution of works which are urgently required for the prevention of damage to life or property but subject to a financial limit of £100,000 in any one case, and subject also to advising the Committee as soon as possible thereafter. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager (Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor 4.2 In respect of The Building (Scotland) Act 2003 and The Energy Performance of Buildings (Scotland) Regula�ons 2008 to, to exercise enforcement powers rela�ve to Direc�ve 2010/31EU on Energy Performance of Buildings. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager (Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor Building Standards Officers 5 Burial and Crema�on 5.1 To discharge the council’s obliga�ons and du�es in respect of the Burial and Crema�on (Scotland) Act 2016. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Business Manager (Greenspace and Country Parks) Page 61 of 172
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Page 11 of 62 No. Delega�on Officers with Delegated Authority 5.2 To discharge the statutory local authority du�es in respect of Sec�on 87 of the Burial and Crema�on (Scotland) Act 2016 (Public Burial or Crema�on when no arrangements have been made by the deceased or their next of kin). Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 6 Business 6.1 To consider and where appropriate approve loan applica�ons from Business Loans Scotland. Chief Officer (Place) Enterprise Manager Enterprise Development Manager 6.2 To determine and make payment of grants and loans (with the excep�on of loans granted through Business Loans Scotland) to businesses, individuals or community and voluntary organisa�ons as determined by the opera�ng criteria and guidelines of the respec�ve programme. Depute Chief Execu�ve Chief Officer (Place) Enterprise Manager Enterprise Development Manager 6.3 To appoint consultants to deliver services through the Lanarkshire Business Gateway Expert Help Service Framework. Chief Officer (Place) Enterprise Manager Enterprise Development Manager Enterprise Development Officer 6.4 To deliver Lanarkshire Business Gateway Services in accordance with the Business Gateway Na�onal Service Specifica�on and associated Programme Rules. Chief Officer (Place) Enterprise Manager Enterprise Development Manager Enterprise Development Officer (Business Gateway) 7 Byelaws 7.1 To act as Proper Officer for the following statutory requirements indicated Local Government (Scotland) Act 1973:- • Sec�on 197 – Inspec�on and deposit of documents • Sec�on 202 – Authen�ca�on of Byelaws and delivery of copies to other relevant authori�es • Sec�on 202B – Cer�fica�on of entry in Register of Byelaws • Sec�on 204 – Cer�ficate as evidence of Byelaws Chief Execu�ve Chief Officer (Legal and Democra�c) Page 62 of 172
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Page 12 of 62 No. Delega�on Officers with Delegated Authority 7.2 To act as Proper Officer for the following statutory requirements indicated. Na�onal Parks (Scotland) Act 2000 Schedule 2 - Service of byelaws Chief Execu�ve Chief Officer (Legal and Democra�c) 8 Child Protec�on 8.1 To determine the suitability of applica�ons for posts with access to children and other vulnerable people in the light of disclosure informa�on and child protec�on legisla�on. Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) All Educa�on and Families Managers Community Learning and Inclusion Manager Principal Psychologist 9 Children and Young People (excluding educa�on and social work maters) 9.1 To issue licences in terms of the Children (Performances) Regula�ons 1968 and to issue employment permits in terms of the Children and Young Persons (Scotland) Act 1937and subsequent byelaws. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 9.2 To carry out the func�ons of the Council in regard to children and young people in terms of the Regula�on of Care (Scotland) Act 2001 and the Na�onal Childcare Standards. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Principal Psychologist Heads of Establishment 9.3 To make addi�onal appropriate provision for school pupils who are looked a�er and accommodated to support their educa�onal progress. Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Educa�on - North) Page 63 of 172
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Page 13 of 62 No. Delega�on Officers with Delegated Authority Chief Officer (Educa�on – South Educa�on and Families Manager Principal Psychologist 10 Civic Hospitality 10.1 Following consulta�on with the Provost or Depute Provost of the Council, to deal with requests for civic hospitality to official delega�ons, groups of visitors or others, and to deal with applica�ons for the patronage of the Council or the use of the Council’s Coat of Arms. Chief Execu�ve Chief Officer (Legal and Democra�c) 11 Civic Licensing (incl. Taxi, Cinema, Theatre Licensing and Public Processions) 11.1 To act as Proper Officer for the following statutory requirements indicated. Civic Government (Scotland) Act 1982 • Sec�on 112 – Execu�on of management rules • Sec�on 113 – Evidence by cer�ficate of management rules Schedule 1 paragraph 14; Schedule 2 paragraph 10; and Schedule 2 paragraph 17 Cer�fica�on of documents. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.2 Authority is granted to act as and to appoint authorised officers for the purposes of Sec�ons 5 and 11 of the Civic Government (Scotland) Act 1982 to enter into and inspect any premises, vehicle or vessel used or to be used for any ac�vity for which a licence is in force or has been applied for under the 1982 Act and to inspect any equipment or plant, apparatus or stock-in-trade which is or is to be kept or used in connec�on with any such ac�vity and to require produc�on of and to inspect any records or other documents required to be kept under the Act. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.3 To grant applica�ons for licences and for the renewal of licences under Sec�ons 10, 13, 24, 27A, 28, 32, 39, 40, 41, 41A, 42 and 43 of the Civic Government (Scotland) Act 1982 in respect of taxi and private hire operators and drivers, second hand dealers, knife dealers, metal dealers, i�nerant metal dealer, street traders, market operators, public entertainment, indoor sports entertainment, late hours caterers and window cleaners where no objec�on or adverse comment has been made following consulta�ons. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.4 To make arrangements to invite an applicant for a licence or for renewal of a licence under the Civic Government (Scotland) Act 1982 and, as the case may be, any person making an objec�on or representa�on Chief Execu�ve Chief Officer (Legal and Democra�c) Page 64 of 172
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Page 14 of 62 No. Delega�on Officers with Delegated Authority in respect of such an applica�on to appear before the appropriate Commitee or Sub-Commitee of the Council in terms of paragraph 4 of Schedule 1 to the Act. Principal Solicitor (People) Legal Manager 11.5 To grant applica�ons for permission for public charitable collec�ons in terms of Sec�on 119 of the Civic Government (Scotland) Act 1982. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.6 To grant applica�ons under the Civic Government (Scotland) Act 1982 (Licensing of Booking Offices) Order 2009 in circumstances in which, following consulta�on, no objec�on or adverse comment has been made. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.7 To grant applica�ons for licences and for the renewal of licences under the Cinemas Act 1985 regarding the use of premises for a film exhibi�on following consulta�on with the Chief Constable and Fire Authority. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.8 To grant applica�ons for licences and for renewal of licences under the Theatres Act 1968 regarding the use of premises for the public performance of plays following consulta�on with the Chief Constable and Fire Authority. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.9 On receipt of a serious complaint requiring prompt and effec�ve ac�on, to suspend a licence in terms of paragraph 12 of the First Schedule to the Civic Government (Scotland) Act 1982 and to make arrangements to cite the licence holder to atend a mee�ng of the Regulatory Commitee for considera�on of the mater in terms of paragraph 11 of that Schedule. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.10 To authorise officers of the Council to exercise powers of entry and inspec�on in terms of Sec�on 13 of the Cinemas Act 1985, Sec�on 5 of the Civic Government (Scotland) Act 1982 and Sec�on 15 of the Theatres Act 1968. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.11 To approve requests for display on taxi cars and private hire cars of adver�sements which meet the criteria agreed by the Council. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (People) 11.12 To take such ac�on as is necessary to secure the delivery, in terms of Sec�on 63 of the Civic Government (Scotland) Act 1982, to a person who has given no�ce of inten�on to hold a procession of a copy of an Order made by the Council and a writen statement of the reasons therefor, of no�fica�on of the decision not to make an Order or of a decision to revoke an Order already made, or of a copy of a varied Order and a writen Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Page 65 of 172
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Page 15 of 62 No. Delega�on Officers with Delegated Authority statement of the reasons for a varia�on, as appropriate, and to make such arrangements as will ensure that persons who might take or are taking part in that procession are made aware of the fact that an Order has been made or varied as appropriate and of the effect thereof. 11.13 To consider all applica�ons reques�ng the Council to exercise its powers under Sec�on 62(4) of the Civic Government (Scotland) Act 1982 and, a�er consulta�on with the Convener of Regulatory Commitee, to make an Order under Sec�on 62(4) of the Civic Government (Scotland) Act 1982 dispensing with the requirement that the organisers of a proposed procession give no�ce thereof to the Council not later than twenty eight days before the date on which it is proposed that the procession be held. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 11.14 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose applica�ons for trading licences whenever educa�onal establishments might be adversely affected. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Hub Strategy Manager Forward Planning Manager 11.15 Under Sec�on 19(5) of the Civic Government (Scotland) Act 1982, a�er consulta�on with the local Members, approval of proposals for taxi stances. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 11.16 In respect of the Civic Government (Scotland) Act 1982 (a) to implement Sections 87, 99, 101 and 102 in relation to emergency repairs to buildings (b) to implement Section 89 in relation to raised structures (c) to implement Section 97 in relation to street naming, after consultation with local Elected Members, and numbering (d) in consultation with the Chief Officer (Legal and Democratic) to lodge objections to the Regulatory Committee in relation to entertainments / events where appropriate. Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Surveyor Building Standards Officers 12 Community Empowerment Page 66 of 172
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Page 16 of 62 No. Delega�on Officers with Delegated Authority 12.1 To discharge the Council’s obliga�ons and du�es in respect of the Community Empowerment (Scotland) Act 2015. Chief Execu�ve Depute Chief Execu�ve Chief Officer (Strategy and Engagement) 12.2 In accordance with the Community Empowerment Act 2015:- To form a Community Planning Partnership Chief Execu�ve Depute Chief Execu�ve Chief Officer (Strategy and Engagement) Business Strategy Manager 13 Community Learning and Development 13.1 To carry out the func�ons of the Council in terms of the Educa�on (Scotland) Act as pertaining to Community Learning and Development. Depute Chief Execu�ve Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) 14 Complaints 14.1 Sec�on 16B (5) Sco�sh Public Services Ombudsman Act 2002:- Implement a Model Complaints Handling Procedure and make arrangements for the recording, repor�ng, learning from and publicising complaints through the Complaints Performance Indicators and Framework. Chief Officer (Strategy and Engagement) Business Strategy Manager 15 Condi�ons of Service (incl. salaries, redundancy and re�rements) excluding Teaching Staff 15.1 To implement na�onal agreements on wages/salaries and condi�ons of service where no discre�onary element exists. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.2 To apply approved Scheme for staff en�tled to receive ac�ng up payments and, in conjunc�on with appropriate Chief Officers, exercise the discre�ons available for the purposes of that scheme. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.3 To process payments due under personnel policies and procedures agreed by the Council such as those applicable to employees for reimbursement of expenditure on removal and legal fees, for expenditure in respect of staff undertaking external training courses or examina�ons, and payment of medical advisers' fees for medical examina�ons of employees, all within the parameters of the policies established by the Council Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager Page 67 of 172
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Page 17 of 62 No. Delega�on Officers with Delegated Authority 15.4 Following consulta�on with the Chief Officer of the relevant service to consult with the relevant trade unions and determine criteria for selec�on for redundancies. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.5 Following consulta�on with the Chief Officer of the relevant service to authorise temporary exchange of du�es between and among staff and authorise secondments of staff to other services and outside organisa�ons. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager Senior Employee Rela�ons Adviser Senior HR Business Partner 15.6 To approve revisions to grades arising from the applica�on of the Job Evalua�on Scheme subject to retrospec�ve report, for informa�on, to the Finance and Resources Commitee. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 15.7 To approve, in consulta�on with the Chief Execu�ve and relevant Chief Officer, where applicable, applica�ons received from employees who are members of the Local Government Pension Scheme for early access to their pension benefits under the “Rule of 85”, provided there is no cost to the Council (i.e. the employee will bear the strain on the fund cost by an actuarial reduc�on to pension benefits). Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 16 Conferences 16.1 To approve atendance at conferences or travel outwith the United Kingdom of officers in cases in which they consider it to be in the interests of the Council. Chief Execu�ve 17 Consulta�ons 17.1 To respond to consulta�ons from the Sco�sh Government on proposals under Sec�ons 36 and 37 of the Electricity Act 1989 to provide comments or confirm no objec�on and to determine any applica�on to discharge planning condi�ons imposed by the Sco�sh Government on consents issued under those Sec�ons. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officer 18 Consumer Protec�on (including Trading Standards, Protec�ve Services, Food Safety, Food Standards, Health and Safety, Public Health) 18.1 To authorise, sign and issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the Depute Chief Execu�ve Chief Officer (Community Opera�ons) Page 68 of 172
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Page 18 of 62 No. Delega�on Officers with Delegated Authority discharge of their du�es in connec�on with the func�ons of the Council which will include the Public Health etc. (Scotland) Act 2008, Part 8 of the An�social Behaviour (Scotland) Act 2004, the Environmental Protec�on Act 1990 and, where appropriate, as Licensing Authority those du�es contained in the Housing (Scotland) Act 2006 and Civic Government (Scotland) Act 1982. Protec�ve Services Manager Private Sector Enforcement Manager 18.2 Housing (Scotland) Act 1987 • Sec�ons 87, 114, 115 and 338 – Official representa�on that the house does not meet tolerable standard Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager Protec�ve Services Manager 18.3 To authorise and sign and issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es in connec�on with the func�ons of the Council which will include Food Safety, Food Standards and Health and Safety. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.4 To discharge du�es in connec�on with the func�ons of the Council under Health and Safety legisla�on rela�ng to the storage of Petroleum and Explosives including the issue, grant or revoca�on of licences and registra�ons. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.5 To authorise and to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es in connec�on with the func�ons of the Council in rela�on to consumer protec�on, including trading standards and weights and measures, (including where appropriate, as Licensing Authority, to issue, grant or revoke licences and registra�ons). Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.6 To consider representa�ons made to the Council in rela�on to fixed penalty no�ces issued under the Tobacco and Primary Medical Services (Scotland) Act 2010. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.7 To conduct a review of a penalty charge no�ce given to a person under the Estate Agents Act 1979 as amended. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.8 To authorise and to sign and to issue the necessary authorisa�on to officers of the Council to exercise statutory powers (including, where appropriate, the right to enter land and premises and to sign and issue no�ces) in the discharge of their du�es with regard to the func�ons of the Council in rela�on to civil enforcement ac�ons raised in terms of the Enterprise Act 2002. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager 18.9 To act as the proper officer and delegate to such authorised officers of the Council as are appointed by the Chief Officer, such other func�ons of the Council as are carried out by the Protec�ve Services team within Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager Page 69 of 172
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Page 19 of 62 No. Delega�on Officers with Delegated Authority Community Opera�ons including but not restricted to the func�ons as set out in the legisla�on which can be accessed at the following link: htps://www.northlanarkshire.gov.uk/business/protec�ve-services-enforcement-policy-and- authorisa�ons/authorised-officers 19 Contracts and Tenders 19.1 As procuring officer, to undertake a Quota�ons process in accordance with the Council’s General Contract Standing Orders: For Supplies/Services below £50,000, or for Works below £500,000. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)” to execute this role as specified in the General Contract Standing Orders 17th Edi�on (as amended). 19.2 As procuring officer, to undertake a Non-Regulated Procurement in accordance with the Council’s General Contract Standing Orders: For Works in excess of £500,000 up to the Financial Thresholds for Regulated Procurements. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)” to execute this role as specified in the General Contract Standing Orders 17th Edi�on (as amended). 19.3 As procuring officer, to undertake a Regulated Procurement in accordance with the Council’s General Contract Standing Orders. Note – Financial thresholds for Regulated Procurements are generally set every two-years and current thresholds are stated within SPPN 5/2-2023. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)” to execute this role as specified in the General Contract Standing Orders 17th Edi�on (as amended). 19.4 As an officer with an associated Procurement Role of “Evaluator”, to ensure a high level of diligence in the evalua�on of quota�ons and/or tender proposals per the standard of assurances set out in General Contract Standing Orders and any other stated contract requirement. Any officer nominated by a Chief Officer who has the relevant “Delegated Procurement Authority (“DPA”)” or Nomina�on via a Contract Strategy to execute this role as specified in the General Contract Standing Orders 17th Edi�on (as amended). 19.5 Award a Contract up to the threshold levels where the responsibility sits with the Chief Officer (Assets and Procurement) as set out in General Contract Standing Orders and to act as the Proper Officer for the purposes of signing the contract. Chief Execu�ve Depute Chief Execu�ve Chief Officer (Assets and Procurement) Any officer authorised by the Chief Officer (Assets and Procurement) All Chief Officers Page 70 of 172
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Page 20 of 62 No. Delega�on Officers with Delegated Authority 19.6 Award a Contract at the threshold level where the responsibility sits with the Chief Officer (Assets and Procurement) as set out in General Contract Standing Orders. Chief Officer (Assets and Procurement) Any officer authorised by the Chief Officer (Assets and Procurement) 19.7 The Chief Execu�ve, Depute Chief Execu�ve, or All Chief Officers, is authorised to take such measures as may be required in emergency situa�ons and, in par�cular, to enter into an emergency contract where such a contract would avert, alleviate or eradicate the effects or poten�al effects of an emergency or disaster (actual or poten�al) involving or likely to involve danger to life or health or serious damage to or destruc�on of property, but subject compliance with the condi�ons set out in General Contract Standing Orders for “extreme urgency”. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 19.8 Chief Officers must put in place appropriate arrangements for the management of any contract, to a minimum, sa�sfy the requirements applicable under “Contract Management” as set out in General Contract Standing Orders. Any officer nominated by a Chief Officer who has the relevant “Contract Management Authority (“CMA”)” to execute this role 19.9 As an officer with an associated Procurement Role of “Contract Manager”, to a minimum, sa�sfy the “Contract Management” requirements as set out in General Contract Standing Orders. Any officer nominated by a Chief Officer who has the relevant “Contract Management Procurement Authority (“CMA”)” to execute this role 20 Council and Commitee Mee�ngs 20.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 - Signature on behalf of the authority of no�ces, orders or other documents which the Council has delegated, to the Chief Execu�ve, authority to issue • Schedule 7, paragraph 1(4) – Receipt of requisi�on for Council mee�ng • Schedule 7, paragraph 2(1) - No�ce of Council mee�ngs • Schedule 7, paragraph 2(2) – Receipt of no�ce by Member of alterna�ve address. Chief Execu�ve 20.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 Chief Execu�ve Depute Chief Execu�ve Chief Officer Page 71 of 172
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Page 21 of 62 No. Delega�on Officers with Delegated Authority • Sec�on 50D – Compila�on of lists of background papers and determina�on of background papers in respect of any report submited to the Council or any Commitee or Sub-Commitee of the Council by any officer. 20.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 – Signature of no�ces, orders or other documents which the Council has delegated to the Depute Chief Execu�ve authority to issue. Depute Chief Execu�ve 20.4 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 50B – Exclusion of reports containing exempt informa�on from public and provision of documents to the press • Sec�on 50C – Provision of writen summary where minutes are excluded from the public • Sec�on 50F – Determina�on of documents with certain categories of informa�on for purposes of inspec�on • Sec�on 190 – Service of legal proceedings no�ces, orders or documents on the Council. Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Manager 20.5 To amend the Scheme of Delega�on to Officers in those circumstances as follows:- (a) where the delegation specified becomes the operational responsibility of another Service, to transfer said delegation between Services as appropriate (b) where legislation is amended/replaced and does not have a significant impact upon the delegation, to amend the delegation accordingly (c) where the title of an officer with delegated authority is amended, to amend said title. Chief Officer (Legal and Democra�c) 21 Council Tax and Rates 21.1 To act as the Proper Officer in terms of the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes including the prepara�on and issue of Council Tax no�ces, the Depute Chief Execu�ve Chief Officer (Finance and Technology) Page 72 of 172
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Page 22 of 62 No. Delega�on Officers with Delegated Authority collec�on of the aforemen�oned tax, the handling of objec�ons to the assessments and the exemp�on, abatement or remission of charges. 21.2 To enter into arrangements with Water Authori�es concerning the billing and collec�on of water and sewerage charges on their behalf and to make arrangements to remit such charges to those aforemen�oned authori�es. Depute Chief Execu�ve Chief Officer (Finance and Technology) 21.3 To make the necessary arrangements concerning terms and commissions payable by the Water Authori�es to North Lanarkshire Council for the billing and collec�on of water and sewerage charges on their behalf. Depute Chief Execu�ve Chief Officer (Finance and Technology) 21.4 To determine, subject to right of appeal to the respec�ve Commitee, applica�ons for remission of rates. Depute Chief Execu�ve Chief Officer (Finance and Technology) 21.5 To deal with all applica�ons for Housing Benefit and Council Tax Reduc�on Scheme in terms of appropriate legisla�ve provisions and in accordance with Council policy. Depute Chief Execu�ve Chief Officer (Finance and Technology) 21.6 To enter into arrangements with Housing Associa�ons and others in accordance with Schedule 2 of the Local Government Finance Act 1992 to administer Council Tax Benefit, the Council Tax Reduc�on Scheme and discounts on behalf of North Lanarkshire Council for all those residents in the Housing Authority’s proper�es. Depute Chief Execu�ve Chief Officer (Finance and Technology) 22 Council Tenants 22.1 To prepare and implement at Tenant Par�cipa�on Strategy, including keeping a register of tenant organisa�on in accordance with the Housing (Scotland) Act 2001. Chief Officer (Housing) Housing Solu�ons Manager Housing Performance and Regulatory Manager 23 Data Sharing 23.1 In accordance with the Informa�on Commissioners Office Data Sharing Code of Prac�ce. • To agree shared services, shared informa�on, system federa�ons with other authori�es, Na�onal Bodies and Boards including the Digital Office, Na�onal Shared Services (NSS) and Community Planning Partners. Chief Officer (Legal and Democra�c) Business Strategy Manager Legal Manager 24 Educa�on (excluding school specific, teaching staff and exclusions) Page 73 of 172
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Page 23 of 62 No. Delega�on Officers with Delegated Authority 24.1 To carry out the func�ons of the Council in terms of the Educa�on (Scotland) Act. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Managers Principal Psychologist 24.2 To make special arrangements for pupils living in excep�onal circumstances in exercise of the powers contained in Sec�on 50 of the Educa�on (Scotland) Act 1980. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 24.3 To determine the rates of pay to the invigilators of external examina�ons. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 24.4 To carry out the func�ons of the Council in terms of Sec�ons 57 and 58 of the Educa�on (Scotland) Act 1980 as amended in rela�on to the health and cleanliness of pupils at schools. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Principal Psychologist 24.5 To make appropriate arrangements for the provision of an educa�onal psychology service in terms of the Educa�on (Scotland) Act 1980. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Principal Psychologist 24.6 To implement the requirements of the Addi�onal Support for Learning (Scotland) Act 2004 in line with the guidance in the Code of Prac�ce and the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2009. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Principal Psychologist 24.7 To determine requests for access to and amendment of records in terms of the Pupils Educa�on Records (Scotland) Regula�ons 2003 and the Data Protec�on Act 2018 and Regula�ons thereunder. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Principal Psychologist 25 Educa�on (Atendance) Page 74 of 172
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Page 24 of 62 No. Delega�on Officers with Delegated Authority 25.1 To exercise the func�ons of the Educa�on Authority in rela�on to irregular atendance at schools under their management all in terms of Sec�ons 36-41 of the Educa�on (Scotland) Act 1980 a�er consulta�on with the Atendance Sub-Group of the appropriate Local Atendance Council. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager (People) Area Officer/Registrar 25.2 To ins�tute proceedings in respect of offences under Sec�ons 35 and 41 of the Educa�on (Scotland) Act 1980. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 26 Educa�on (Exclusions) 26.1 To exercise the powers available to the Council as educa�on authority in rela�on to the exclusion of pupils from schools. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Managers Principal Psychologist All Head Teachers 27 Educa�on (Grants, Awards and Trust Schemes) 27.1 To receive and determine applica�ons for disbursement of funds in accordance with the provisions of trust schemes vested in the Council and any endowments administered by those trusts. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.2 To make grants up to a maximum of £10,000 to local voluntary groups, youth clubs, community groups, organisa�ons providing a direct service to children in educa�onal establishments and talented and gi�ed individuals within approved es�mates. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.3 To make grants to school pupils to support fees, courses or expenses associated with membership of Na�onal Orchestras, atendance at the Royal Sco�sh Academy of Music and Drama and the Sco�sh Ballet School or with selec�on to represent Scotland in Sports. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.4 To make grants to pupils to allow atendance at courses or par�cipa�on in educa�onal visits including outwith Scotland. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.5 To accept and administer any new trusts or small endowments which may be offered to the Council for schools in North Lanarkshire. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Page 75 of 172
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Page 25 of 62 No. Delega�on Officers with Delegated Authority 27.6 To accept and administer any new trusts or small endowments which may be offered to the Council for schools in North Lanarkshire. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.7 To make footwear and clothing grants to pupils in North Lanarkshire schools outwith the guidelines approved by the Council where there are circumstances of family hardship. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.8 To make Educa�on Maintenance Allowances (EMA) to individual pupils and students in accordance with the policy approved by the Council. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 27.9 To exercise the power not to withhold an Educa�on Maintenance Award where atendance or progress have been affected by excep�onal circumstances. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 28 Elected Members 28.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 34 – Delivery of no�ce of resigna�on as a Member • Sec�on 33A(1) - Delivery of form of declara�on of acceptance of office within two months of elec�on. Chief Execu�ve 28.2 To act as Proper Officer for the following statutory requirements indicated. Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regula�ons 2003 • Set up, maintain and make available for public inspec�on the Register of Members’ Interests. Chief Execu�ve Chief Officer (Legal and Democra�c) 28.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. • Representa�on of the People Act 1983 • Sec�on 67(7) - No�fica�on of Elec�on Agent • Sec�on 82(4) - Officer before whom declara�on as to elec�on expenses may be made • Sec�on 131(1) - Accommoda�on of, and atendance on, elec�on court Chief Execu�ve Page 76 of 172
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Page 26 of 62 No. Delega�on Officers with Delegated Authority • Sec�on 133(1) - Repayments of expenses of the elec�on court at the discre�on of the court • Schedule 5, paragraph 6 - Reten�on of list of rooms for use for Parliamentary Elec�on mee�ngs Local Government (Scotland) Act 1973 Sec�on 33(A)(3) - Officer before whom the declara�on of acceptance of office may be made. 29 Emergencies (also see General Delega�on 1.4) 29.1 Where there is urgency or an emergency, as determined by the Chief Execu�ve, to take such ac�on as may be required to advance or to protect the interests of the Council, subject to advice to the Provost or the Leader of the Council or the Convener of the relevant Commitee, as appears appropriate, and subject to subsequent report to that Commitee in rela�on to maters for which Commitee approval would normally be required. Chief Execu�ve 30 Establishment Changes 30.1 To approve establishment changes (including designa�on changes) in instances in which the grades of the post have been iden�fied by means of methods approved by the Council and the costs of the changes are fully met from external sources. Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 31 Environmental Protec�on 31.1 Environmental Protec�on Act 1990 • Sec�on 149 - Rela�ve to reference to Sec�on 3 of the Dogs Act 1906 (seizure of stray dogs). Depute Chief Execu�ve Chief Officer (Community Opera�ons) 31.2 To act on behalf of the Council for matters referred to in the Water Environment (Controlled Activities) (Scotland) Regulations 2011 for the following purposes: • Signing Controlled Ac�vity Regula�ons licence applica�ons referred to in the Water Environment (Controlled Ac�vi�es) Regula�ons 2011 on behalf of the Council. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Assistant Business Managers, Roads and Transporta�on 31.3 To act on behalf of the Council for matters referred to in the Water Environment (Controlled Activities) (Scotland) Regulations 2011 for the following purposes: Depute Chief Execu�ve Chief Officer (Community Opera�ons) Page 77 of 172
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Page 27 of 62 No. Delega�on Officers with Delegated Authority • Securing compliance with the terms of the licence issued by SEPA. Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 31.4 To act on behalf of the Council in matters referred to in the Reservoirs (Scotland) Act 2011 for the following purposes: • Being SEPA’s contact for all matters related to reservoir management. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Engineering Manager, Infrastructure and Transporta�on 31.5 To develop actions for inclusion in the Flood Risk Management (Scotland) Act 2009 section 38 reports for approval at the Clyde and Loch Lomond Local Plan District Joint Committee To develop the content of the Flood Risk Management (Scotland) Act 2009 section 37 interim reports for approval by the lead Local Authority. Depute Chief Execu�ve Chief Officer (Place) Infrastructure and Transporta�on Manager Engineering Manager, Infrastructure and Transporta�on 31.6 To discharge the Council’s power to implement flood protection schemes under Section 60 of the Flood Risk Management (Scotland) Act 2009. Depute Chief Execu�ve Chief Officer (Place) Infrastructure and Transporta�on Manager Engineering Manager, Infrastructure and Transporta�on 32 Fees and Charges 32.1 To set charges for services where there is a discre�onary limit. Chief Execu�ve 32.2 To act as the Proper Officer in terms of Part II of the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes including the prepara�on and issue of no�ces, the collec�on of charges, the handling of objec�ons to the amounts charged and the exemp�on, abatement or remission of charges. Depute Chief Execu�ve Chief Officer (Finance and Technology) 32.3 To determine charges for public events arranged by Educa�on and Families. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 32.4 To nego�ate fees with performers up to a limit of £20,000. Depute Chief Execu�ve Chief Officer (Educa�on - North) Page 78 of 172
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Page 28 of 62 No. Delega�on Officers with Delegated Authority Chief Officer (Educa�on – South) 32.5 To approve the annual charge payable to the Dalziel Trust for the use of the sports facili�es at Dalziel Park. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Business Finance Manager 32.6 To enter into agreements on suitable terms with college Boards of Management in respect of the provision by the Council of goods and services which are permitted by the Local Authorities (Goods and Services) Act 1970. The permitted agreements relate to the following:- • The supply by the Council to the college of any goods or materials • The provision of any administra�ve, professional or technical services • The use by the college of any vehicle, plant or apparatus belonging to the Council together with the services of any person employed in connec�on with the vehicle or other property, and • The carrying out of works of maintenance of the land or buildings for which the Board of Management is responsible. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on 32.7 To determine charges for ad hoc promotions, group discounts, classes, commercially priced events and other similar matters. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 33 Finance/Financial Maters 33.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 92 – Specifica�on or transfer of securi�es in name of local authority • Sec�on 95 – Responsibility for administra�on of financial affairs • Sec�on 191 – Claims sequestra�ons, liquida�ons or other proceedings • Sec�on 193 – Signature on behalf of the authority of no�ces, orders or other documents which the Council has delegated, to the Chief Officer (Finance and Technology), authority to issue. Chief Execu�ve Chief Officer (Finance and Technology) 33.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated Chief Execu�ve Chief Officer (Finance and Technology) Page 79 of 172
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Page 29 of 62 No. Delega�on Officers with Delegated Authority Environmental Protec�on Act 1990 • Accoun�ng records, control systems and the statement of accounts in terms of the Local Authority Accounts (Scotland) Regula�ons 2014. 33.3 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government etc. (Scotland) Act 1994 • Sec�on 16 of in respect of property held on trust. Chief Execu�ve Chief Officer (Finance and Technology) 33.4 To carry out Treasury Management ac�vi�es including investment, borrowing and banking ac�vi�es or other associated ac�vi�es. In respect of each func�on, the officer(s) specified in the Treasury Management Prac�ces Manual maintained in accordance with the Treasury Policy statement and Code of Prac�ce 33.5 To approve home loans within the Council policy. Chief Execu�ve Chief Officer (Finance and Technology) 33.6 Except in so far as specifically delegated by the Council to another officer in respect of any individual company, to exercise the whole powers of the Council as member of any company in which the Council has a shareholding. Chief Execu�ve Chief Officer (Finance and Technology) 33.7 To act as the Money Laundering Responsible Officer (MLRO) in terms of appropriate legisla�ve provisions and in accordance with Council policy. Chief Officer (Finance and Technology) 33.8 To act as the Proper Officer in terms of the Income-related Benefits (Subsidy to Authori�es) Order 1998 in respect of claims. Depute Chief Execu�ve Chief Officer (Finance and Technology) 33.9 To act as the Proper Officer in terms of the Local Government (Scotland) Acts of 1973 and 1975, Part II of the Local Government Finance Act 1992, the Local Government Finance Act 1992 and associated delegated legisla�on for all administra�ve purposes, including arranging the prepara�on of the assessment roll, the prepara�on and issue of rates no�ces, the collec�on of rates, the receiving and setling of claims for non- domes�c rates, exemp�on from rates, the handling of objec�ons to the amount of rates levied and the abatement, remission or repayment of rates under the various ra�ng provisions. Depute Chief Execu�ve Chief Officer (Finance and Technology) 33.10 To consider and submit applica�ons for external/grant funding to the Sco�sh Government, UK Government or other external funding programmes on behalf of the council or, where required by grant terms and condi�ons, on behalf of partnership or other third par�es. Chief Execu�ve Depute Chief Execu�ve All Chief Officers Page 80 of 172
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Page 30 of 62 No. Delega�on Officers with Delegated Authority 33.11 To accept grant and funding offers from the Sco�sh Government, UK Government or other external funding programmes. Chief Execu�ve Depute Chief Execu�ve All Chief Officers 33.12 To submit financial claims and/or monitoring reports for external/grant funding which has been secured by the Council and manage/distribute grant funding accordingly in line with grant terms and condi�ons, and relevant commitee approval, rela�ng to the use and management of external funding. Chief Execu�ve Depute Chief Execu�ve All Chief Officers Enterprise Manager Growth Programme Manager City Deal Manager Infrastructure and Transporta�on Manager Housing Development Manager 34 Fixed Penalty No�ces 34.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Environmental Protec�on Act 1990 Sec�on 88(8) and (10) – Evidence of payment of fixed penalty no�ces for leaving liter. Chief Execu�ve Chief Officer (Finance and Technology) 35 Glasgow City Region 35.1 To submit strategic, outline and full levels of business case to Glasgow City Region (GCR) Programme Management Office for considera�on by the GCR Cabinet for funding approval. Depute Chief Execu�ve Chief Officer (Place) City Deal Manager 35.2 To submit investment plan proposals, change requests and progress reports to the Glasgow City Region (GCR) Programme Management Office for considera�on in rela�on to the UK Shared Prosperity Fund or any successor Fund. Depute Chief Execu�ve Chief Officer (Place) Enterprise Manager Enterprise Development Manager 36 Housing (both Social and Private) 36.1 Housing (Scotland) Act 1987 Sec�ons 87, 114, 115 and 338 - Official representa�on that the house does not meet tolerable standard. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Page 81 of 172
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Page 31 of 62 No. Delega�on Officers with Delegated Authority 36.2 Housing (Scotland) Act 1988 Schedule 5, Part 3, paragraph 5.5 - Cer�ficate as to suitable alterna�ve accommoda�on. Chief Officer (Housing) Housing Opera�ons Manager 36.3 To operate the system of alloca�on of houses within the policy determined by the Council. Chief Officer (Housing) Housing Opera�ons Manager Housing Performance and Regulatory Manager 36.4 To consider and control sub-tenancies in houses belonging to the Council. Chief Officer (Housing) Housing Opera�ons Manager 36.5 To control and abate overcrowding. Chief Officer (Housing Management) Housing Opera�ons Manager 36.6 To control the conduct and standard of tenancies. Chief Officer (Housing) Housing Opera�ons Manager Housing Performance and Regulatory Manager 36.7 To deal with all applica�ons received under Part 2 of the Housing (Scotland) Act 1987 (Homeless Persons) and to take all necessary ac�on to implement the du�es placed upon the Council by the said provisions, including the grant of temporary accommoda�on and the issue of all no�ces in terms of that Act. Chief Officer (Housing) Housing Opera�ons Manager 36.8 To raise proceedings for recovery of possession of dwellinghouses and to serve all necessary no�ces preliminary thereto in terms of the Housing (Scotland) Act 2001 or otherwise and to take all appropriate ac�on necessary to implement and enforce decrees granted by the Courts in pursuance of such ac�ons, including the acceptance of suitable offers of payment of arrears of rent in lieu thereof. Chief Officer (Housing) Housing Opera�ons Manager 36.9 An� Social Behaviour (Scotland) Act 2004 Inves�ga�ng noise nuisance, serving warning no�ces and fixed penalty no�ces, and seizing and removing equipment in accordance with sec�ons 41 to 54 of the An�social Behaviour etc (Scotland) Act 2004. Chief Officer (Housing) Housing Opera�ons Manager 36.10 In case of emergency to approve requests for provision of temporary housing. Chief Officer (Housing) Housing Opera�ons Manager 36.11 To grant “leases” of temporary accommoda�on. Chief Officer (Housing) Housing Opera�ons Manager 36.12 To grant "leases" and to incur expenditure on the provision of Bed and Breakfast accommoda�on where necessary. Chief Officer (Housing) 36.13 To manage supported or temporary accommoda�on and to raise proceedings for the recovery of possession of all proper�es used for the provision of temporary or supported accommoda�on and to serve no�ces preliminary thereto in terms of the Housing (Scotland) Act 1987 or otherwise and to take all ac�on necessary to implement and enforce decrees granted in pursuance of such ac�ons. Chief Officer (Housing) Housing Opera�ons Manager Page 82 of 172
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Page 32 of 62 No. Delega�on Officers with Delegated Authority 36.14 To prepare and implement a Tenant Par�cipa�on Strategy, including keeping a register of tenant organisa�on in accordance with the Housing (Scotland) Act 2001. Chief Officer (Housing) Housing Performance and Regulatory Manager 36.15 Housing (Scotland) Act 2006 To determine applica�ons for assistance including grants, in accordance with the council’s Scheme of Assistance and appropriate legisla�ve provisions (excluding any applica�ons made under and in terms of sec�on 71(1)(b) which relate to an aid or adap�on). Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager Service Manager (Health and Social Care) 36.16 To waive certain grant condi�ons under the Scheme of Assistance. Chief Officer (Community Opera�ons) 36.17 To instruct and arrange works in default to private sector proper�es, following enforcement ac�on. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Private Sector Enforcement Manager 36.18 To agree changes to the Strategic Housing Investment Plan and Affordable Housing Supply Programme with the Sco�sh Government, in accordance with Local Housing Strategy priori�es. Depute Chief Execu�ve Chief Officer (Place) Housing Development Manager 36.19 To agree Affordable Housing Policy contribu�ons on applicable sites in accordance with the approved Affordable Housing Policy. Depute Chief Execu�ve Chief Officer (Place) Housing Development Manager 36.20 To determine and approve applica�ons under the Council’s Empty Homes Purchase Scheme and Open Market Purchase Scheme. Depute Chief Execu�ve Chief Officer (Place) Chief Officer (Housing) Housing Development Manager 36.21 To accept Sco�sh Government Grant offers related to the delivery of new supply housing; or other housing or regenera�on related programmes. Depute Chief Execu�ve Chief Officer (Place) Growth Programme Manager Housing Development Manager 36.22 After consultation with the local Members, to make grants to householders for the purpose of making good fabric and decoration (excluding curtains) in houses affected by the Council under the Noise Insulation (Scotland) Regulations 1975 at the rates and on the conditions which may be prescribed from time to time by the Council. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service City Deal Manager Page 83 of 172
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Page 33 of 62 No. Delega�on Officers with Delegated Authority 37 Housing Repairs and Maintenance 37.1 To assess responsibility for repairs and replacements in accordance with the policy determined by the Council, and to meet the Sco�sh Housing Quality Standard. Chief Officer (Housing) 37.2 In terms of Sec�on 28 of the Housing (Scotland) Act 2001, to determine applica�ons by tenants for the altera�on, improvement or enlargement of Council house’s or of any fi�ngs or fixtures, including but not limited to the addi�on of new fi�ngs or fixtures and the erec�on of a garage, shed or other structure and by owner/occupiers for altera�ons to former Council houses in accordance with the terms of policy guidelines for such altera�ons as laid down by the former Housing and Technical Services Commitee. Chief Officer (Housing) 37.3 To determine and authorise payment of home loss and/or decora�on/disturbance payments in accordance with the policy as determined from �me to �me by the Council. Chief Officer (Housing) 37.4 To approve extensions and/or major adapta�ons to council houses where this has been assessed as being necessary to meet the assessed needs of the household, subject to available resources. Chief Officer (Housing) 37.5 To accept Sco�sh Government Grant offers related to energy efficiency programmes or other housing related programmes. Chief Officer (Housing) 38 Informa�on Technology (IT) 38.1 To operate a strategic IT Enterprise Architecture Governance methodology and process to control the IT Landscape within the Council. Chief Officer (Finance and Technology) 38.2 To develop, implement and maintain an appropriate Council ICT and Digital Strategy. Chief Officer (Finance and Technology) Business Strategy Manager Technology Strategy Manager 38.3 Develop, implement and maintain effec�ve ICT security, including cyber security, protocols. Chief Officer (Finance and Technology) Technology Strategy Manager 38.4 To establish and ensure compliance with a corporate framework of policy and standards in respect of the acquisi�on and use of ICT services and assets. Chief Officer (Finance and Technology) Technology Strategy Manager 38.5 To approve any amendments and addi�ons in respect of the Council’s corporate network and ICT infrastructure. Chief Officer (Finance and Technology) Technology Strategy Manager 38.6 To determine and maintain the Councils approved ICT catalogue and associated items. Chief Officer (Finance and Technology) Technology Strategy Manager Page 84 of 172
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Page 34 of 62 No. Delega�on Officers with Delegated Authority 39 Insurance 39.1 To take out the necessary insurances to protect the interests of the Council. Depute Chief Execu�ve Chief Officer (Finance and Technology) 39.2 To make arrangements with insurance companies concerning the setlement of claims and to setle pre- li�gated claims. Depute Chief Execu�ve Chief Officer (Finance and Technology) 40 Legal Maters 40.1 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 197 – Inspec�on and deposit of documents • Sec�on 231 – Applica�on to Sheriff on ques�ons arising from Local Government (Scotland) Act 1973. Chief Execu�ve Chief Officer (Legal and Democra�c) 40.2 To act as Proper Officer for the following statutory requirements indicated. Electricity Act 1989 Sec�on 109(6) – Service of documents on local authority secretary. Chief Execu�ve Chief Officer (Legal and Democra�c) 40.3 To act as Proper Officer for the following statutory requirements indicated. Further and Higher Educa�on (Scotland) Act 1992 Sec�on 35 - Service of No�ces and Documents on local authority secretary. Chief Execu�ve Chief Officer (Legal and Democra�c) 40.4 To act as Proper Officer for the following statutory requirements indicated. Requirements of Wri�ng (Scotland) Act 1995 Schedule 2 - Signing of documents (including digital signing). Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (Property and Planning) Page 85 of 172
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Page 35 of 62 No. Delega�on Officers with Delegated Authority 40.5 Authority is granted to make arrangements to represent the Council in rela�on to any Court proceedings or any other proceedings before any judicial or administra�ve authority and, for that purpose, to ini�ate, enter, defend and withdraw from any such proceedings, including authority to compromise claims where it is considered expedient so to do. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 40.6 To engage the services of Counsel or other legal exper�se where it is considered appropriate to do so in the interests of the Council. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 40.7 To appoint Solicitors to act as the Council’s law agents in Edinburgh. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 40.8 To act as Proper Officer for the following statutory requirements indicated. Local Government (Scotland) Act 1973 • Sec�on 193 – Signature on behalf of the authority of no�ces, orders or other documents in respect of which the Council has delegated to the Chief Officer (Legal and Democra�c) authority to issue • Sec�on 194 – Execu�on of deeds and use of seal. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 41 Liquor Licensing 41.1 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose applica�ons for liquor and trading licences whenever educa�onal establishments might be adversely affected. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Hub Strategy Manager Forward Planning Manager 41.2 In respect of the Licensing (Scotland) Act 2005 (a) in consulta�on with the Chief Officer (Legal and Democra�c) to lodge objec�ons or make representa�ons to the Licensing Board in respect of any applica�on for a premises licence (b) in consulta�on with the Chief Officer (Legal and Democra�c) to apply to the Licensing Board for a review of any licensed premises in rela�on to which a premises licence has effect where considered appropriate. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Page 86 of 172
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Page 36 of 62 No. Delega�on Officers with Delegated Authority Building Standards Officers Protec�ve Services Manager 42 Mee�ng Accommoda�on 42.1 To grant free use of commitee mee�ng accommoda�on within the Civic Centre during office hours to trade unions and similar bodies for uses which, in the view of the officer exercising the delegated powers, relate directly to maters involving the Council and, in excep�onal circumstances, outwith office hours. Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (People Resources) 42.2 To authorise use of formal mee�ng accommoda�on under the control of the Chief Officer (Legal and Democra�c) within the Civic Centre during office hours subject to the condi�ons and scale of charges approved from �me to �me by the Council in respect of accommoda�on under the control of the Depute Chief Execu�ve and, outwith office hours, subject to an addi�onal charge to take account of the costs of such extra security provision as is considered necessary by the officer exercising the delegated power. Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Manager 42.3 To grant free use of accommoda�on within premises under the control of the Chief Officer (Legal and Democra�c) for surgeries held by Members of Parliament and Members of the Sco�sh Parliament in cases in which the premises are considered suitable and arrangements can be effected without significant cost to the Service. Chief Execu�ve Chief Officer (Legal and Democra�c) Democra�c Manager 43 Mental Health 43.1 To appoint Mental Health Officers in terms of the Mental Health (Care and Treatment) (Scotland) Act 2003 and to carry out the func�ons of the Council under the Mental Health (Care and Treatment) (Scotland) Act 2003 (excluding those func�ons prescribed under and in terms of sec�ons 17, 25-27 (except in so far as they are exercisable in rela�on to housing support services), 33, 34, 228 and 259). Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 44 Natural Habitats 44.1 To be the legally responsible named licence holder in respect to works affec�ng bats and other species as required by the Conserva�on (Natural Habitats, and c.) Regula�ons 1994 (as amended). Depute Chief Execu�ve Chief Officer (Asset and Procurement) Chief Officer (Community Opera�ons) Chief Officer (Place) Conserva�on and Biodiversity Manager 45 Parks, Open Spaces and Land Page 87 of 172
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Page 37 of 62 No. Delega�on Officers with Delegated Authority 45.1 Following consulta�on with the local Members, to deal with requests for the use of parks and open spaces for the purposes of galas, wreath laying, events, travelling show-grounds, circus sites and other similar purposes. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Chief Officer (Community Opera�ons) Chief Officer (Place) Group Manager (Estates) Strategic Asset Manager 45.2 To lease areas of ground 50 square metres or less to u�lity providers for an ini�al period not exceeding 175 years. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 45.3 To grant temporary lets to charitable or fairground operators or for use of industrial compounds, to grant or take wayleaves, to grant or take servitudes and to grant or take licences to occupy land and other similar temporary rights, all in accordance with the Council policies/prac�ce as from �me to �me approved by the Council. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) Strategic Asset Manager 45.4 To declare land and property surplus to the Council's requirements. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 45.5 To re-allocate land from one Service to another where the financial considera�on is less than £250,000. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 45.6 To nego�ate and grant access to Council land to statutory undertakers. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 45.7 Following consulta�on with the relevant Convener or Vice Convener, the local Members and where appropriate, the Chief Officer (Legal and Democra�c) and Chief Officer (Place), to ini�ate and serve or determine not to serve in terms of the Town and Country Planning (Scotland) Act 1997 No�ces Requiring Proper Maintenance of Land (wasteland amenity no�ce) S. 179. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Protec�ve Services Manager Pollu�on Control Manager Senior Environmental Health Officers 45.8 To consider and determine applications for the adoption of open spaces, subject always to the terms and conditions of the adoption complying with the policy for the adoption of open spaces agreed from time to time by the Council. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Chief Officer (Assets and Procurement) 45.9 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated:- Land Reform (Scotland) Act 2003 Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Page 88 of 172
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Page 38 of 62 No. Delega�on Officers with Delegated Authority • Sec�on 10 – To publicise the Sco�sh Outdoor Access Code, including any summaries and related guidance available for examina�on in all appropriate Council buildings, newsleters, websites etc. and to advise appropriate staff on its content • Sec�on 11 – Following consulta�on with the North Lanarkshire Access Forum, to determine requests to exempt land from access rights for a period of up to 5 days • Sec�on 14(2) – Where an owner of land in respect of which access rights are exercisable prevents or deters any person from exercising their rights in terms of this Act, to serve a No�ce on the owner of the land requiring remedial ac�on, as specified in the No�ce, requiring him to take such ac�on to allow access within such reasonable �me as so specified • Sec�on 18(8) – Following adop�on of the plan, to give public no�ce of its adop�on, maintain a list of core paths, retain any plans, maps etc. for public inspec�on and for sale at a reasonable price and to send a copy to the Sco�sh Ministers • Section 20 (5) to amend the Core Paths Plan, where satisfied that it is expedient so to do having regard to: (a) the extent to which it appears that persons would, but for the amendment, be likely to exercise access rights using the core path; and (b) the effect which the amendment of the plan would have as respects land served by the core path • Sec�on 21 - To enter into agreements with landowners to delineate pathways. 45.10 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated:- Land Reform (Scotland) Act 2003 • Section 15 - Measures for safety, protection, guidance assistance • Sec�on 19 - powers to maintain core paths • Sec�on 26 - Power of entry to land to exercise the authority's func�ons under the Act. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Greenspace and Country Parks Manager Community Greenspace Manager Forestry and Access Manager 46 Partnership 46.1 To contribute to partnership projects which meet the aims and objec�ves of the Council as approved by the Council. Chief Execu�ve 47 People with Disabili�es Page 89 of 172
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Page 39 of 62 No. Delega�on Officers with Delegated Authority 47.1 To carry out the func�ons of the Council under the Disabled Persons (Badges for Motor Vehicles) Regula�ons 1982 and subsequent legisla�on. Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Head of Health Health and Social Work Managers Managers, Adult Services Locality Social Work Managers, Community Care 47.2 To accept or reject applica�ons for installa�on of telephones for disabled people based on approved criteria and availability of finance. Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Head of Health Health and Social Work Managers Managers, Adult Services Locality Social Work Managers, Community Care Health and Social Work Managers 47.3 To deal with all applica�ons for Blue Badges in terms of appropriate legisla�ve provisions and in accordance with Council policy. Depute Chief Execu�ve Chief Officer (Finance and Technology) 48 Pe��ons 48.1 To enact the terms of a pe��on received by the Council in so far as resources and authority is available and appropriate. Depute Chief Execu�ve Chief Officer (Strategy and Engagement) Area Community Partnership Managers 49 Planning and Enforcement 49.1 Authority is granted to recover the Council’s legal and administra�ve expenses and outlays from third par�es for Agreements to be entered into under the Town and Country Planning (Scotland) Act 1997 Sec�on 75 and the Local Government (Scotland) Act 1973 Sec�on 69. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager 49.2 On the recommenda�on of the Chief Officer of the relevant Service or the Chief Officer (Place), to serve Enforcement and Stop No�ces, Listed Building Preserva�on No�ces and to make provisional Tree Preserva�on Orders or other no�ces or orders under the Town and Country Planning (Scotland) Acts where necessary to Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Page 90 of 172
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Page 40 of 62 No. Delega�on Officers with Delegated Authority maintain the Council’s interests and to preserve the status quo and to withdraw or vary such no�ces or orders. 49.3 A�er consulta�on with the Convener of the appropriate Commitee and with the appropriate local members to take such ac�on as is deemed necessary to oppose planning applica�ons whenever educa�onal establishments might be adversely affected. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Hub Strategy Manager Forward Planning Manager 49.4 Local Government (Scotland) Act 1973 • No�ces rela�ng to the evacua�on of buildings under Schedule 5 of the Building (Scotland) Act 2003. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Built Environment Manager 49.5 To determine any applica�on for planning permission or any applica�on for consent, agreement or approval required by condi�on imposed on a grant of planning permission, within the category of local developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regula�ons 2009, subject to the excep�ons as listed below: (a) Any applica�on made by a member of staff of the Place Service an Elected Member or a Chief Officer of the Council (b) Any applica�on which, if approved, would require to be no�fied to the Sco�sh Ministers (c) Any applica�on which raises significant objec�ons (six or more all of which raise material planning issues) (mul�ple objec�ons from one person or one household will count as one objec�on) (d) Any applica�on which, if approved, would be contrary to the Development Plan. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.6 To determine within the following categories, applica�ons in respect of which fewer than 6 objec�ons have been received (all of which raise material planning issues). (Mul�ple objec�ons from one person or one household will count as one objec�on):- (a) Adver�sements of all kind (b) Listed building applica�ons (c) Applica�ons for conserva�on area consent (d) Applica�ons to lop, top, pollard, fell or destroy trees which are subject to protec�on by a confirmed Tree Preserva�on Order which are within a Conserva�on Area (e) Applica�ons for a cer�ficate of Lawfulness in terms of sec�ons 150 and 151 of the Town and Country Planning (Scotland) Act 1997 (f) Applica�ons for Prior Approval in terms of Schedule 1 to the Town and Country Planning (General Permited Development) (Scotland) Order 1992 Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers Page 91 of 172
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Page 41 of 62 No. Delega�on Officers with Delegated Authority (g) Applica�ons for non-material varia�ons in terms of Sec�on 64 of the Town and Country Planning (Scotland) Act 1997 (h) to determine any applica�on to discharge planning condi�ons imposed on a grant of planning permission within the category of major developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regula�ons 2009, including applica�ons for approval of maters specified by condi�ons. 49.7 To nego�ate and conclude legal agreements (under Sec�on 75 of the Town and Country Planning (Scotland) Act 1997 (as amended) and Sec�on 69 of the Local Government (Scotland) Act 1973) associated with applica�ons determined under delega�on 5. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.8 To determine applica�ons made in terms of Sec�on 75A of the Town and Country Planning (Scotland) Act 1997 (as amended). Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.9 To ini�ate and serve in terms of Town and Country Planning (Scotland) Act 1997 (a) Discontinuance Notices s.71 (b) Planning Contravention Notices s.125 (c) Section 272 Notices (d) Section 186 Notices in terms of the Town and Country Planning (Control of Advertisement) (Scotland) Regulations 1984. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.10 Following consulta�on with the Convener or, in their absence, the Vice Convener of the Planning Commitee, the local Members and where appropriate, the Chief Officer (Legal and Democra�c), to ini�ate and serve in terms of the Town and Country Planning (Scotland) Act 1997 (a) Enforcement No�ces, s.127 (b) Breach of Condi�on No�ces, s.145 (c) Stop No�ces, s.140 (d) Applica�on for interdict s.146 (e) Tree Preserva�on Orders s.160 (f) No�ces rela�ng to removal, or oblitera�on, as appropriate of unauthorised posters, s.187 (g) No�ces Requiring Proper Maintenance of Land (wasteland amenity no�ce) s. 179 (h) Fixed Penalty No�ces (i) Temporary Stop No�ces Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers Page 92 of 172
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Page 42 of 62 No. Delega�on Officers with Delegated Authority and ancillary thereto, in circumstances considered appropriate by the Chief Officer (Place) to instruct works to be carried out and costs to be recovered. 49.11 Following consulta�on with the Convener or, in their absence, the Vice-Convener of the Planning Commitee, the local Members and where appropriate, the Chief Officer (Legal and Democra�c), to ini�ate and serve in terms of the Planning (Listed Buildings and Conserva�on Areas) (Scotland) Act 1997 the following:- Sec�ons 3 and 4 Temporary Lis�ng Building Preserva�on No�ces Sec�on 34 Listed Building Enforcement No�ces Sec�on 39A Fixed Penalty No�ce where Listed Building Enforcement No�ce had not been not complied with Sec�on 41A Stop No�ces Sec�on 41F Temporary Stop No�ces and ancillary thereto, in circumstances considered appropriate by the Chief Officer (Place), to instruct works to be carried out and costs to be recovered. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.12 To consider applica�ons within the category of Prior No�fica�on or Prior Approval made under the Town and Country Planning (General Permited Development) (Scotland) Order 1992 Schedule 1 for Part 20 – Class 67: Development by Electronic Communica�ons Code Operators regardless of how many objec�ons have been received. Chief Officer (Place) Planning and Place Manager Planning Managers 49.13 To carry out the following func�ons of the Council in rela�on to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regula�ons 2017: (a) Screening opinion (b) Scoping opinion. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.14 To prepare and submit the Council’s case in planning and enforcement appeals and to determine whether to claim costs on behalf of the Council in respect of planning appeals. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.15 To respond to consulta�ons from neighbouring authori�es where proposals accord with the relevant development plan and on scoping and screening opinions under the Environmental Impact Assessment (Scotland) Regula�ons 2017. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.16 To determine applica�ons for High Hedges No�ces made under the High Hedges (Scotland) Act 2013, prepare and present the Council’s case in appeals against such decisions, serve High Hedges No�ces, and ancillary thereto, in circumstances considered appropriate by the Depute Chief Execu�ve, to instruct works to be carried out and costs to be recovered. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers Page 93 of 172
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Page 43 of 62 No. Delega�on Officers with Delegated Authority 49.17 To determine applica�ons made in terms of sec�on 35A and 35B of the Town and Country Planning (Scotland) Act 1997, as amended. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 49.18 In accordance with sec�on 39 of the Town and Country Planning (Scotland) Act 1997, to decline to determine an applica�on (which has been refused within the past 2 years and is of the same nature). Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officer 50 Poli�cally Restricted Posts 50.1 To update and alter records of poli�cally restricted or poli�cally sensi�ve posts maintained in terms of the Local Government and Housing Act 1989 and to issue no�ces of entries in such records. Chief Execu�ve Chief Officer (People Resources) Employment and Policy Manager HR Business Partnership Manager 51 Projects 51.1 In respect of all projects in which Asset and Procurement Solu�ons provide professional advice services to the Council, to discharge the full responsibili�es of the Council in terms of the Construc�on (Design and Management) Regula�ons 2015 as client. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 51.2 In respect of all projects undertaken by Place or Housing, discharge the full responsibili�es of the Council in terms of the Construc�on (Design and Management) Regula�ons 2015 as Client. Chief Officer (Housing) 51.3 To accept invita�ons from all legal external sources to carry out construc�on-related design and construc�on projects where legisla�on permits. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 51.4 Construction (Design and Management) Regulations 1994 (revised 2015) as follows:- • to fulfil the du�es of the Client • to appoint a Principal Designer and/or Designer, Principal Contractor and/or Contractor • in the case of contracts where the council is appointed as Principal Designer and/or Designer, Principal Contractor and/or Contractor, to carry out the du�es appropriate to each such appointment • in the case of contracts where the Council acts as agents for the Sco�sh Government or other external agencies, to consent to the Council being appointed as the client agent. Chief Officer (Housing) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Page 94 of 172
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Page 44 of 62 No. Delega�on Officers with Delegated Authority 51.5 To accept invitations from all legal external sources to carry out construction-related design and construction projects. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 52 Property 52.1 Authority is granted to sign Missives binding the Council in respect of property and to issue no�ces, orders or other requirements where this is in implement of or ancillary to a decision of the Council or a statutory requirement. Chief Execu�ve Chief Officer (Legal and Democra�c) Legal Manager Principal Solicitor (Property and Planning) 52.2 To consider and on behalf of the Council to decline to exercise right of pre-emp�on available to the Council. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) Strategic Asset Manager 52.3 To lease commercial or industrial premises for an ini�al period not exceeding ten years. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) Strategic Asset Manager 52.4 To take leases of property for an ini�al period not exceeding ten years. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 52.5 To re-allocate property from one Service to another where the financial considera�on is less than £250,000. Depute Chief Execu�ve Chief Officer (Asset and Procurement) 52.6 Process property transac�ons for financial considera�on up to and including £250,000, including the purchase of residen�al proper�es for the Council's Empty Homes and Open Market Purchase Schemes. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 52.7 To take such ac�ons as may be required to comply with the Property Factors (Scotland) Act 2011. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Private Sector Enforcement Manager 52.8 To agree on behalf of the Council the assessments for ra�ng purposes in accordance with statutory requirements. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Design) Facility Support Services Manager Group Manager (Estates) Page 95 of 172
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Page 45 of 62 No. Delega�on Officers with Delegated Authority Property Manager (Estate Development) Strategic Asset Manager Hub Strategy Manager Commercial Contracts Manager 52.9 To sign on behalf of the Council the valua�on cer�ficates for asset valua�ons in accordance with financial regula�ons. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Design) Facility Support Services Manager Group Manager (Estates) Property Manager (Estate Development) Strategic Asset Manager Hub Strategy Manager Commercial Contracts Manager 53 Property/Estate Management 53.1 To deal with general estates management maters, including rent reviews, assigna�ons, re-gears, surrenders and renewal of leases, in accordance with the Council policies/prac�ce as from �me to �me approved by the Council. Depute Chief Execu�ve Chief Officer (Asset and Procurement) Group Manager (Estates) 54 Refugees and Asylum Seekers 54.1 Accept transfers under the mandatory Na�onal Transfer Scheme for Unaccompanied Asylum Seeking Children. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Family Managers (Social Work) 55 Residen�al Care 55.1 To con�nue to assist persons who are unable to meet the costs of their residen�al care un�l they sell a house by paying their accounts on an interim basis and to recover the monies so expended a�er the house is sold. Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Page 96 of 172
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Page 46 of 62 No. Delega�on Officers with Delegated Authority Head of Health Managers Adult Services Health and Social Work Managers Locality Social Work Managers 56 Roads and Transporta�on 56.1 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Roads (Scotland) Act 1984 - Sec�on 96(1) • Issue of Cer�ficate of Extraordinary Expense incurred in maintaining a road. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 56.2 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 13 in rela�on to the imposi�on on frontagers of the requirement to make up and maintain private roads including the service of appropriate no�ces • Under Sec�on 16(1) (b) in rela�on to the considera�on and determina�on of applica�ons for the adop�on of private roads. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) 56.3 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 30 in rela�on to the service of no�ces subject to Sec�on 31(3) in connec�on with carrying out works for protec�ng roads against hazards of nature. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service 56.4 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 31(3) in rela�on to the service of no�ces in connec�on with the drainage of public roads Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Page 97 of 172
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Page 47 of 62 No. Delega�on Officers with Delegated Authority • Under Sec�on 62, in rela�on to the temporary prohibi�on or restric�on of traffic on roads for reasons of public safety or convenience, a�er consulta�on with the Chief Constable and the Chief Officer (Legal and Democra�c) and a�er informing the local Members • Under Sec�on 140 in rela�on to the authorisa�on of persons specified therein. 56.5 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�ons 36 and 37, in rela�on to the construc�on of road humps, a�er consulta�on with the Chief Constable and the Chief Officer (Legal and Democra�c) and a�er informing the appropriate Convener, the appropriate Vice Convener and the local Members. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.6 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 78(2) in rela�on to the service of no�ce prior to the diversion of waters, where necessary, in connec�on with the construc�on, improvement or protec�on of a public road. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.7 To carry out the func�ons of the Council in terms of Sec�on 23 of the Road Traffic Regula�on Act 1984 in rela�on to pedestrian crossings. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.8 To sign approval in principle forms and design check cer�ficates for roads related structures on behalf of the Council as Technical Approval Authority and when submi�ng similar documents to an external Technical Approval Authority, in accordance with requirements of specific forms and cer�ficates. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Page 98 of 172
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Page 48 of 62 No. Delega�on Officers with Delegated Authority Signatory must be a Chartered Member of either the Ins�tu�on of Civil Engineers or the Ins�tu�on of Structural Engineers 56.9 After consultation with the Chief Constable and the Chief Officer (Legal and Democratic), and after informing the appropriate Convener, the appropriate Vice Convener and the local Members, to arrange for the advertisement of any proposals for the making, revocation or variation of Orders and Schemes under:- • the Road Traffic Regula�on Act 1984, and • Sec�ons 68, 69, 70 and 71 of the Roads (Scotland) Act 1984. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.10 In consultation with the Chief Officer (Community Operations) and Chief Officer (Place), to approve Traffic Regulation Orders, under the terms of the Road Traffic Regulation Act 1984, subject to the following exclusions:- (a) any proposal where the number of objec�ons outnumber those in support, by six or more (mul�ple objec�ons from one person or one household will count as one objec�on), and (b) any proposal which is referred to the Reporter as set out in Regula�on 8 of ‘The Local Authori�es’ Traffic Orders (Procedure) (Scotland) Regula�ons 1999’. Chief Officer (Legal and Democra�c) Legal Manager 56.11 To implement traffic calming and road hump schemes under the terms of the Roads (Scotland) Act 1984 subject to the exclusion below:- any proposal where the number of objec�ons outnumber those in support by six or more. Chief Officer (Place) Infrastructure and Transporta�on Manager Managers, Infrastructure and Transporta�on 56.12 To carry out the func�ons of the Joint Road Safety Officer in conjunc�on with the Chief Constable. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Manager, Roads Service 56.13 To carry out the following functions of the Council in terms of the Roads (Scotland) Act 1984:- • to exercise the func�ons of the Council under Sec�on 12 in rela�on to the Stopping Up or Diversion of roads crossing or entering routes of proposed new roads, and Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Business Managers, Roads and Transporta�on Page 99 of 172
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Page 49 of 62 No. Delega�on Officers with Delegated Authority • to exercise the func�ons of the Council under Sec�on 152(2) to re-determine the means of exercise of a public right of passage over a road. 56.14 To make arrangements for the management of car parks etc. including granting the use of parts thereof to other persons or bodies and, following consultation with the Chief Officer (Finance and Technology), the imposition or waiving of charges for such use. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.15 A�er consulta�on with the Chief Constable, to consider and, where acceptable in road safety terms, to approve loca�ons for adver�sements on road safety barriers and similar structures. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.16 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 79 and, a�er consulta�on with the Chief Officer (Legal and Democra�c), to nego�ate terms and enter into agreements with bridge owners in rela�on to future maintenance obliga�ons Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Engineering Manager (Infrastructure and Transporta�on) 56.17 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 15 in rela�on to the comple�on of necessary works on private roads occasioned by an emergency (other than an emergency cons�tuted by a danger as defined in Sec�on 91) • Under Sec�on 51 in rela�on to the authorisa�on and withdrawal of authorisa�on for the plan�ng and maintenance of trees, shrubs, grass or other plants within a public road • Under Sec�on 57 in rela�on to the preven�on or termina�on of dangerous works or excava�ons in or under a public road • Under Sec�on 56 in rela�on to the authorisa�on of works and excava�ons in or under a public road • Under Sec�on 58 in rela�on to the gran�ng of permission for the deposit of building materials on roads Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service Page 100 of 172
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Page 50 of 62 No. Delega�on Officers with Delegated Authority • Under Sec�on 59 in rela�on to the control of obstruc�on in roads • Under Sec�on 60 in rela�on to the issuing of consent for marking, ligh�ng and fencing obstruc�ons on roadworks and for shoring buildings requiring protec�on in similar circumstances • Under Sec�on 63 in rela�on to the imposi�on of the requirement to construct new accesses across road verges or footways where appropriate • Under Sec�on 64(2) in rela�on to the issue of consent to statutory undertakers for work on footways, footpaths or cycle tracks in connec�on with their apparatus in terms of Sec�on 64(1) (b) • Under Sec�on 85 in rela�on to gran�ng permission for the loca�on of builders’ skips on roads • Under Sec�on 86 in rela�on to the removal or reposi�oning of any builders’ skip which is causing, or is likely to cause, a danger or obstruc�on • Under Sec�on 87 in rela�on to the removal from roads of unauthorised structures and consequent reinstatement of the site • Under Sec�on 89 in rela�on to the removal of accidental obstruc�ons from roads • Under Sec�on 91 in rela�on to the preven�on of danger by the removal of roadside vegeta�on • Under Sec�on 92 in rela�on to gran�ng consent for plan�ng trees or shrubs within five metres of the edge of the made up carriageway. 56.18 To carry out the following func�ons of the Council in terms of the Roads (Scotland) Act 1984 • Under Sec�on 18 in rela�on to the adop�on of footpaths associated with development • Under Sec�on 21 in rela�on to applica�ons for construc�on consent • Under Sec�on 23 in rela�on to Stopping Up or temporarily closing any new road constructed without consent or in contraven�on of or in non-compliance with a condi�on imposed by a construc�on consent • Under Sec�on 35(1) and (4) and a�er giving no�ce in terms of Sec�on 35(5) in rela�on to the provision of road ligh�ng and related structures • Under Sec�on 66 in rela�on to enforcing maintenance of vaults, cellars and related structures within the vicinity of a road • Under Sec�on 67 in rela�on to enforcing safety provisions countering outward opening doors, gates, windows, window shuters or bars interfering with the safety or convenience of road users • Under Sec�on 83 in rela�on to the preven�on of sight obstruc�ons in the view of road users • Under Sec�on 88 in rela�on to the removal of projec�ons interfering with safe or convenient passage along a road Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Page 101 of 172
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Page 51 of 62 No. Delega�on Officers with Delegated Authority • Under Sec�on 90 in rela�on to the gran�ng of consent for fixing or placing over or across a road any overhead bridge, beam, rail, pipe, cable, wire or other similar apparatus • Under Sec�on 93 in rela�on to the protec�on of road users from dangers near a road • Under Sec�on 94 in rela�on to the infill of a dangerous ditch adjacent to or lying near a road • Under Sec�on 96(1) in rela�on to the issue of a cer�ficate in respect of extraordinary expenses in repairing roads damaged by heavy vehicles etc. • Under Sec�on 97 in rela�on to the issue of consent for trading • Under Sec�on 99(2) in rela�on to the issue of consents to persons undertaking works or excava�ons necessary to ensure compliance with Sec�on 99(1) • Under Sec�on 99(3) in rela�on to the service of no�ces on owners or occupiers requiring works or excava�ons to be undertaken to ensure compliance with Sec�on 99(1). 56.19 To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- • Under Sec�on 14 in rela�on to the temporary prohibi�on or restric�on of traffic on roads • Under Sec�on 65 in rela�on to the placing of traffic signs • Under Sec�on 68 in rela�on to the placing of traffic signs in connec�on with the exercise of other powers of the authority as defined in sub-sec�on 1 thereof • Under Sec�on 69 in rela�on to the removal of unauthorised signs. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service 56.20 To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- • Under Sec�on 71(1) in rela�on to the power to enter land in connec�on with the placing of traffic signs. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.21 To carry out the following functions of the Council in terms of the New Roads and Street Works Act 1991:- • Under Sec�on 109 in rela�on to permission to execute roadworks • Under Sec�on 110 in rela�on to the prohibi�on of unauthorised roadworks. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Page 102 of 172
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Page 52 of 62 No. Delega�on Officers with Delegated Authority Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service 56.22 To carry out the following functions of the Council in terms of the New Roads and Street Works Act 1991:- • Under Sec�on 115 in rela�on to direc�ons as to the �ming of works • Under Sec�on 124 in rela�on to safety measures at roadworks • Under Sec�on 125 in rela�on to avoidance of unnecessary delay or obstruc�on • Under Sec�on 131 in rela�on to powers of roadworks authority in rela�on to reinstatement • Under Sec�on 135 in rela�on to liability for cost of temporary Traffic Regula�on Orders made under Sec�on 14 of the Road Traffic Regula�on Act 1984 • Under Sec�on 136 in rela�on to liability for cost of alterna�ve route • Under Sec�on 140 in rela�on to duty to maintain apparatus • Under Sec�on 149 in rela�on to provisions as to reinstatement of sewers, drains or tunnels. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service 56.23 To carry out the func�ons of the Council under Sec�on 12 of the Goods Vehicles (Licensing of Operators) Act 1995 to raise an objec�on to an applica�on for a Goods Vehicle Operator’s Licence. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service 56.24 To act as Project Manager, to be responsible for the appointment of a Supervisor and to be responsible for control of contracts under the NEC Engineering and Construction Conditions of Contract with the exception of exercise of Employer’s powers and of power, under Clause 14.2 of those Conditions, to further delegate functions under Clauses 90 and W2.4(4) thereof. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Team Leaders, Infrastructure and Transporta�on Team Leaders, Roads Service Engineering Officers/Project Managers Infrastructure and Transporta�on Engineering Officers, Roads Service Page 103 of 172
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Page 53 of 62 No. Delega�on Officers with Delegated Authority Enterprise Projects Manager Senior Project Manager Road Design Manager Project Development Manager 56.25 After consultation with Chief Officer (Legal and Democratic) to authorise the promotion and confirmation of Orders for the Stopping Up or Diversion of roads, footpaths or bridleways in terms of Sections 207 and 208 of the Town and Country Planning (Scotland) Act 1997. Chief Officer (Place) Planning and Place Manager Planning Managers Senior Planning Officers 56.26 After consultation with the Chief Officer (Legal and Democratic) to agree terms for Bridge Agreements, with Network Rail Infrastructure Limited, or their legal successors, and terms of discharge of the Council’s liability for annual maintenance and renewal charges in that connection. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Engineering Manager, Infrastructure and Transporta�on 56.27 After consultation with the Chief Constable and the Chief Officer (Legal and Democratic) and after informing the appropriate Convener, the appropriate Vice-Convener and the local Members, to arrange for the advertisement of any proposals for the making, revocation or variation of pavement parking Exemption Orders under the Transport (Scotland) Act 2019. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Managers, Infrastructure and Transporta�on 56.28 In consultation with the Chief Officer (Community Operations) and Chief Officer (Place), to approve pavement parking Exemption Orders, under the terms of Section 51 of the Transport (Scotland) Act 2019, subject to the following exclusions:- (a) Any proposal where the number of objec�ons outnumber those in support, by six or more (mul�ple objec�ons from one person or one household will count as on objec�on) and (b) Any proposal which is referred to the Reporter as set out in the Pavement Parking Prohibi�on (Exemp�on Orders Procedure) (Scotland) Regula�ons 2022. Chief Officer (Legal and Democra�c) Legal Manager 56.29 To implement pavement parking parking Exemption Orders, under the terms of Section 51 of the Transport (Scotland) Act 2019 and the Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022, subject to the following exclusions:- (a) Any proposal where the number of objec�ons outnumber those in support by six or more (mul�ple objec�ons from one person or one household will count as on objec�on) and Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager Managers, Infrastructure and Transporta�on Managers, Roads Service Page 104 of 172
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Page 54 of 62 No. Delega�on Officers with Delegated Authority (b) Any proposal which is referred to the Reporter as set out in the Pavement Parking Prohibi�on (Exemp�on Orders Procedure) (Scotland) Regula�ons 2022. 56.30 To enter into agreements with other local authorities in respect of Roads and Transportation Services used by more than one local authority. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager 56.31 To work with the responsible authorities and draw up a memorandum setting out arrangements to co-operate with each other and ensure such arrangements are established, implemented and reviewed, and that persons subject to such arrangements are appropriately monitored. Depute Chief Execu�ve Chief Officer (Community Opera�ons) Chief Officer (Place) Infrastructure and Transporta�on Manager Roads and Asset Services Manager 57 Schools (incl. pre-school and Addi�onal Support Needs) 57.1 To carry out the consulta�on process in accordance with the terms of the Schools (Consulta�on) (Scotland) Act 2010. Depute Chief Execu�ve Chief Officer (Strategy and Engagement) Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.2 To determine the dates of local school holidays a�er consulta�on with the appropriate trade unions. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.3 To decide early entry requests for entry to primary educa�on in terms of the Standards in Scotland's Schools etc. Act 2000. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager (Contracts) 57.4 To determine applica�ons from schools for foreign visits during school terms and to approve the atendance of appropriate staff as required by the recognised staffing ra�o. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Managers 57.5 To make provision for North Lanarkshire schools, music groups and spor�ng teams, including the provision of equipment and the recruitment of members. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Managers (Con�nuous Page 105 of 172
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Page 55 of 62 No. Delega�on Officers with Delegated Authority Improvement Service) Heads of Establishment 57.6 To implement the whole func�on of the Scheme of Management delega�on. Heads of Establishment 57.7 To determine the Scheme of Management delega�on to Heads of educa�onal establishments in terms of the Standards in Scotland Schools etc. Act 2000 and in accordance with other Council policies. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.8 To make contracts with private and voluntary sector establishments for the provision of pre-school educa�on in terms of the Educa�on (Scotland) Act 1980 as amended and the Standards in Scotland's Schools etc. Act 2000. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 57.9 To make appropriate arrangements to iden�fy and provide for children with addi�onal support needs in terms of the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2004 and the Educa�on (Addi�onal Support for Learning) (Scotland) Act 2009 including placement in establishments not under the management of the authority. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Principal Psychologist 57.10 To exercise the powers available to the Council as Educa�on Authority in terms of Sec�on 23 of the Educa�on (Scotland) Act 1980 with regard to the provision by the Council of educa�on for pupils belonging to the areas of other educa�on authori�es and to pay the approved fees to any other educa�on authority which has provided educa�on for pupils normally resident in the area of North Lanarkshire but who are, for various reasons, placed in schools outwith North Lanarkshire. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Principal Psychologist 57.11 To determine all placing requests in line with Council policy and to ensure that all appropriate transport arrangements are made. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 57.12 To establish the capacity of individual schools. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.13 To approve sel�elp building adapta�on proposals from Heads of Establishment subject to the approval of the Chief Officer (Asset and Procurement) and in adherence with contract and financial regula�ons Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.14 To implement the schools PPP contract with Transform Schools North Lanarkshire, including the approval of payments and the se�ng of penal�es and authorising any varia�ons to the contract. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Page 106 of 172
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Page 56 of 62 No. Delega�on Officers with Delegated Authority 57.15 To ensure the provision of appropriate facili�es, meals or refreshments to school pupils in line with Sec�on 53(3) of the Educa�on (Scotland) Act 2003 and the Educa�on (School Meals) (Scotland) Act 2003. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 57.16 To make appropriate refreshment provision for preschool children atending an authority establishment on a whole day basis. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 58 School Transport 58.1 To make arrangements for the provision of home to school transport for school pupils and preschool children in line with Council policy, including the appointment of escorts and atendants as required. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 58.2 To approve the agency agreement with Strathclyde Passenger Transport for the procurement and monitoring of home to school transport, including the financial arrangements, in consulta�on with the Chief Officer (Assets and Procurement). Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 59 Social Work (General) 59.1 To carry out the func�ons of the Council in terms of the relevant sec�ons of the Social Work (Scotland) Act 1968 under which the Council is required to promote Social Welfare by making available advice, guidance and assistance on such a scale as may be appropriate for its area: (a) To make loans or grants in accordance with Notes of Guidance approved by the Council up to a limit of £1,000 in any one month in respect of any one family or child. (b) To give any other appropriate assistance, including provision for the storage of furniture in cases of emergency. in calcula�ng the amount given or lent for the purposes of this provision, account should be taken of any addi�onal payment made in terms of Sec�on 12 otherwise authorised. Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Health and Social Work Managers Chief Officer (Adult Social Work Services) Locality Social Work Managers, Adult Social Work Care Group Managers, Community Care Service Managers, Adult Social Care Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work) 59.2 To implement MAPPA Guidance in assessing and managing risks posed by certain offenders and to jointly establish arrangements for the assessment and management of the risks posed by any person who, under Part 2 of the Sexual Offences Act 2003 has been: Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Jus�ce Page 107 of 172
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Page 57 of 62 No. Delega�on Officers with Delegated Authority (a) convicted on indictment of an offence inferring personal violence and is subject to a supervised release order (b) released from imprisonment or detention or under supervision by an order or licence (c) acquitted of an offence inferring personal violence on the ground of insanity and is subject of a restriction order made in respect of discharge orders (d) prosecuted on indictment for such an offence but found to be insane (e) considered by the responsible authorities to be a person who may cause serious harm to the public at large. Senior Educa�on and Family Manager (Social Work) Educa�on and Family Manager (Social Work) 59.3 To work with the responsible authori�es and draw up a memorandum se�ng out arrangements to cooperate with each other and ensure such arrangements are established, implemented and reviewed and that persons subject to such arrangements are appropriately monitored. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Educa�on and Family Manager (Jus�ce Social Work) Educa�on and Family Managers (Jus�ce Social Work) 59.4 To enter into agreements with other local authori�es in respect of Social Work services used by more than one local authority. Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 59.5 To delegate to such officers of the Council as are registered Social Workers, as they may determine, for such �mes and during such periods, as they may determine, power to discharge the responsibili�es of the Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce). Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) 59.6 To authorise or approve and execute on behalf of the Council individual support agreements with individual service users up to an annual value of £100k. Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 60 Social Work (Adult) 60.1 To carry out the func�ons of the Council in terms of the following Sec�ons of the Adult with Incapacity (Scotland) Act 2000. (a) Under Part 3 – Access to Funds - where it becomes known that an adult whose capacity is impaired, where concerns exist about their ability to manage their financial affairs and there is no other appropriate person(s) willing or able to do this on their behalf or to give considera�on to using the Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Managers (Adult Social Work) Page 108 of 172
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Page 58 of 62 No. Delega�on Officers with Delegated Authority access to funds scheme. Once it is clear that interven�on is appropriate Access to Funds Case Conference should be convened. Final decisions will be made by the Locality Social Work Manager on behalf of the Council (b) Under Part 3 - To seek that Treasury managers issue bank mandates which will enable the council to open and manage “designated accounts” in the name of North Lanarkshire Council in favour of an adult who is unable to manage their own financial affairs (c) Under Part 6 - To apply for an Interven�on or Guardianship order where no other person has, or is likely to apply, in order to safeguard the adult’s personal welfare or financial affairs. Locality Social Work Managers (Adult Social Work) 60.2 To carry out the func�ons of the Council in terms of the Adult Support and Protec�on (Scotland) Act 2007. (a) Sec�on 51 (1) – to act on direc�ons from Sco�sh Ministers on who will act as Council Officers under the Act (b) To carry out the func�ons of the Council in terms of the Adult Support and Protec�on (Scotland) Act 2007 and the related Code of Prac�ce (excluding those func�ons prescribed by sec�ons 5-10 16, 40, 42 and 43). Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Manager (Adult Social Work) Senior Educa�on and Families Manager Locality Social Work Manager Educa�on and Families Manager (Social Work) 60.3 To enter into agreements with other local authori�es in respect of Social Work services used by more than one local authority. Chief Officer, Health and Social Care Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61 Social Work (Children and Young People) 61.1 To carry out the func�ons of Council in terms of the Social Work (Scotland) Act 1968. Chief Officer (Health and Social Care) Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Educa�on and Families Managers (Social Work) Health and Social Work Managers Senior Managers (Adult Social Work) Educa�on and Families Managers (Social Work) 61.2 To carry out the func�ons of the Council in terms of Sec�on 143 of the Children’s Hearings (Scotland) Act 2011 which outlines the responsibility of the Council to transfer a child subject to a supervision requirement in cases of urgent necessity. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Page 109 of 172
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Page 59 of 62 No. Delega�on Officers with Delegated Authority Senior Educa�on and Families Managers (Social Work) 61.3 To carry out the relevant func�ons of the Council in rela�on to the adop�on of children in terms of the Children (Scotland) Act 1995 (excluding those func�ons prescribed by sec�ons 19, 20, 21, 26A and 27), the Adop�on (Scotland) Act 1978 and the Children’s Act 1975 (excluding those func�ons prescribed by sec�ons 34, 39, 40 and 50) and the Adop�on and Children (Scotland) Act 2007 (excluding those func�ons prescribed by sec�ons 1, 4, 5, 6, 9, 10, 11, 12, 19, 26, 45, 47, 48, 49, 51, 71, 80, 90, 99, 101 and 105) and associated Adop�on Agencies (Scotland) Regula�ons 2009. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Senior Educa�on and Families Managers (Social Work) Educa�on and Families Managers Social Work 61.4 Following the appointment by the Council of an Adop�on, Fostering and Family Placement Panel in terms of paragraph 7(1) of the Adop�on Agencies (Scotland) Regula�ons 1996, and paragraph 3(1) the Adop�on Agencies (Scotland) Regula�ons 2009 to carry out the remaining func�ons of the Council as local authority under the regula�ons. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Families Managers Social Work 61.5 Following the appointment by the Council of an Adop�on, Fostering and Family Placement Panel in terms of paragraphs 3(1) of the Adop�on Agencies (Scotland) Regula�ons 2009 and paragraph 17(1) of the Looked A�er Children (Scotland) Regula�ons 2009 to carry out the remaining func�ons of the Council as local authority under those regula�ons. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Families Manager Social Work 61.6 To consider and determine recommenda�ons by the Adop�on, Fostering and Family Placement Panel for assistance with legal fees (up to an amount considered reasonable by the Chief Officer (Legal and Democra�c). Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Families Managers Social Work 61.7 To consider and determine recommenda�ons by the Adop�on, Fostering and Placement Panel in terms of the Adop�on Support Services and Allowances (Scotland) Regula�ons 2009 for assistance in terms of post adop�on support either in kind or financial support. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Educa�on and Families Managers Social Work Educa�on and Families Manager (Corporate Paren�ng) 61.8 To exercise the powers conferred on the Council by the Curators ad litem and Repor�ng Officers (Panels) (Scotland) Regula�ons 2001 with regard to the appointment of persons to Panels of Curators ad litem and Repor�ng Officers for the purposes of Sec�on 108 of the Adop�on and Children (Scotland) Act 2007. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61.9 A�er consulta�on with the respec�ve Convener and Vice-Convener, to authorise payment to foster carers or other carers of children looked a�er by the Council, in terms of Sec�on 26 of the Children (Scotland) Act 1995, of special fostering allowances, up to a maximum of double the ordinary allowance or such other maximum as is agreed by Commitee, considered necessary to avoid hardship to a family in financing the construc�on of Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) Manager, Children and Families Page 110 of 172
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Page 60 of 62 No. Delega�on Officers with Delegated Authority addi�onal accommoda�on required to provide for the foster or other children concerned and subject to a report to the Commitee as soon as possible therea�er the amount of the special allowance so authorised. 61.10 To consider and determine recommenda�ons by the Adop�on, Fostering and Family Placement Panel and Foster Carer Review Panels in terms of paragraphs 25 of the Looked A�er Children (Scotland) Regula�ons 2009 and paragraph 10 of the Adop�on Agencies (Scotland) Regula�ons 2009 to review original decisions made in connec�on with fostering and adop�on maters. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Chief Officer (Adult Social Work Services) 61.11 To consider and make decision on admissions to secure accommoda�on, and implement secure accommoda�on authorisa�ons in accordance with the Children’s Hearing (Scotland) Act 2011 (Implementa�on of Secure Accommoda�on Authorisa�on) (Scotland) Regula�ons 2013. Chief Social Work Officer (Educa�on, Families, Jus�ce and Integrated Prac�ce) Senior Managers Educa�on and Families (Social Work, Children and Families) Chief Officer Adult Social Work 62 Sports Ground Safety 62.1 To act as, and to appoint, authorised officers for the purposes of Sec�on 11 of the Safety of Sports Ground Act 1975 and the Fire Safety and Safety at Places of Sports Act 1987 who may enter a sports ground at any reasonable �me, make an inspec�on and enquiries rela�ng to the stadium as considered necessary for the purposes of those Acts and examine records of atendance at the ground and records rela�ng to the maintenance of safety at the ground. Chief Execu�ve Depute Chief Execu�ve Chief Officer (Legal and Democra�c) Chief Officer (Asset and Procurement) Chief Officer (Community Opera�ons) Built Environment Manager Building Standards Manager Opera�ons) Building Standards Manager (Compliance) Private Sector Enforcement Manager Senior Building Standards Coordinator (Compliance) Senior Building Standards Surveyors Building Standards Officers 63 Teaching Staff 63.1 To determine premature re�rement requests from Teachers in accordance with guidelines approved by the Council taking account of the financial implica�ons. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Page 111 of 172
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Page 61 of 62 No. Delega�on Officers with Delegated Authority 63.2 To determine leave of absence requests with salary to enable teachers to undertake relevant courses provided the decision does not give rise to par�me educa�on in schools. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 63.3 To approve the atendance of staff on foreign youth exchange visits where the Council requires to be represented. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Community Learning and Inclusion Manager 63.4 To determine the staffing structure in educa�onal establishments in accordance with the policies approved by the Council and to arrange for the appointment of staff. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) All Heads of Establishment 63.5 To transfer teaching staff in accordance with the policy approved by the Council and, where appropriate, to pay transfer expenses. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) 63.6 To exercise the discre�onary powers available in implementa�on of condi�ons of service in rela�on to teachers in employment of the Council. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 63.7 To authorise the employment of teachers in receipt of occupa�onal pensions where necessary to ensure the provision of educa�on. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 63.8 To grant unpaid leave of absence up to a maximum of two years to enable teachers to undertake voluntary service in other world countries in accordance with any guidelines from �me to �me approved by the Council. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 63.9 To authorise teachers to take up temporary posi�ons outwith North Lanarkshire and to appoint teachers from elsewhere to posts in North Lanarkshire on a temporary basis. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager 63.10 To make staffing appointments to approved posts taking account of the current financial posi�on. Depute Chief Execu�ve Chief Officer (Educa�on- North) Chief Officer (Educa�on – South) Educa�on and Families Manager Page 112 of 172
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Page 62 of 62 No. Delega�on Officers with Delegated Authority 63.11 To agree with the Roman Catholic Church the arrangements for the approval of teachers in Roman Catholic schools. Depute Chief Execu�ve Chief Officer (Educa�on - North) Chief Officer (Educa�on – South) Educa�on and Families Manager Page 113 of 172
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Page 1 of 3 BREAKDOWN OF BUSINESS & DIGITAL DELEGATIONS APPENDIX 2 No. Delega�on Officers with Delegated Authority 3 Best Value, Corporate Governance and Good Governance 3.1 Local Authority Accounts (Scotland) Regula�ons 2014: • In respect of Regula�on 5(2) - to conduct a review at least once in each financial year of the effec�veness of its system of internal control. • In respect of Regula�on 5(3) - the findings from the review at 5(2) “must be considered at a mee�ng either of the local authority or of a commitee of the local authority whose remit includes audit or governance func�ons”. • In respect of Regula�on 5(4) - a local authority in Scotland the statement is an annual governance statement • In respect of Regula�on 5(5) - annual governance statement must be signed by the Chief Execu�ve and Leader of the Council. Chief Officer (Business and Digital) to be replaced by Chief Officer (Strategy and Engagement) Business Strategy Manager Strategy and Performance Manager 3.2 To act as Proper Officer for the following statutory purposes in respect of the statutory requirements indicated. Local Government (Scotland) Act 1973 Sec�on 14 - Best Value and Accountability - Secure con�nuous improvement in performance whilst maintaining balance between quality and cost. Chief Officer (Business and Digital) to be replaced by Chief Officer (Strategy and Engagement) Business Strategy Manager Strategy and Performance Manager 12 Community Empowerment 12.2 In accordance with the Community Empowerment Act 2015 • To form a Community Planning Partnership Chief Execu�ve Depute Chief Execu�ve Chief Officer (Business and Digital) to be replaced by Chief Officer (Strategy and Engagement) Page 114 of 172
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Page 2 of 3 No. Delega�on Officers with Delegated Authority Business Strategy Manager 14 Complaints 14.1 Sec�on 16B (5) Sco�sh Public Services Ombudsman Act 2002 Implement a Model Complaints Handling Procedure and make arrangements for the recording, repor�ng, learning from and publicising complaints through the Complaints Performance Indicators and Framework Chief Officer (Business and Digital) to be replaced by Chief Officer (Strategy and Engagement) Business Strategy Manager 23 Data Sharing 23.1 In accordance with the Informa�on Commissioners Office Data Sharing Code of Prac�ce. • To agree shared services, shared informa�on, system federa�ons with other authori�es, Na�onal Bodies and Boards including the Digital Office, Na�onal Shared Services (NSS) and Community Planning Partners Chief Officer (Business and Digital) to be replaced by Chief Officer (Legal and Democra�c) Business Strategy Manager 39 Informa�on Technology (IT) 39.1 To operate a strategic IT Enterprise Architecture Governance methodology and process to control the IT Landscape within the Council Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) 39.2 To develop, implement and maintain an appropriate Council ICT and Digital Strategy Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) Business Strategy Manager 39.3 Develop, implement and maintain effec�ve ICT security, including cyber security, protocols Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) Technology Strategy Manager Page 115 of 172
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Page 3 of 3 No. Delega�on Officers with Delegated Authority 39.4 To establish and ensure compliance with a corporate framework of policy and standards in respect of the acquisi�on and use of ICT services and assets Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) Technology Strategy Manager 39.5 To approve any amendments and addi�ons in respect of the Council’s corporate network and ICT infrastructure Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) Technology Strategy Manager 39.6 To determine and maintain the Councils approved ICT catalogue and associated items Chief Officer (Business and Digital) to be replaced by Chief Officer (Finance and Technology) Technology Strategy Manager Page 116 of 172
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APPENDIX 3 Scheme of Delegation Summary of Amendments March 2025 Update Section Amend From Amend To 1.1 Addition To exercise the powers of the Employer in respect of contracts in which the Council is Employer including, without prejudice to the foregoing generality, contracts under the Institution of Civil Engineers Conditions of Contract; NEC Engineering and Construction Conditions of Contract; conditions of contract; SBCC Standard Building Contract with Quantities for use in Scotland; SBCC Measured Term Contract for use in Scotland, and SBCC Minor Works Building Contract for use in Scotland. 6.2 To determine and make payment of grants and loans (with the exception of loans granted through Business Loans Scotland) to businesses, individuals or community and voluntary organisations as determined by the operating guidelines of the respective programme To determine and make payment of grants and loans (with the exception of loans granted through Business Loans Scotland) to businesses, individuals or community and voluntary organisations as determined by the operating criteria and guidelines of the respective programme. 6.3 Addition To appoint consultants to deliver services through the Lanarkshire Business Gateway Expert Help Service Framework. 6.4 Addition To deliver Lanarkshire Business Gateway Services in accordance with the Business Gateway National Service Specification and associated Programme Rules. 17.1 To respond to consultations from the Scottish Government on proposals under Sections 36 and 37 of the Electricity Act 1989 to provide comments or confirm no objection To respond to consultations from the Scottish Government on proposals under Sections 36 and 37 of the Electricity Act 1989 to provide comments or confirm no objection and to determine any application to discharge planning conditions imposed by the Scottish Government on consents issued under those sections. 19.1 Seek Quotations for Supplies, Services or Works up to the threshold levels as set out in General Contract Standing Orders As procuring officer, to undertake a Quotations process in accordance with the Council’s General Contract Standing Orders: for Supplies/Services below £50,000, or for Works below £500,000. 19.2 Commence a Contract Award Procedure for Supplies, Services or Works up to the threshold levels as set out in General Contract Standing Orders As procuring officer, to undertake a Non-Regulated Procurement in accordance with the Council’s General Contract Standing Orders: for Works in excess of £500,000 up to the Financial Thresholds for Regulated Procurements 19.3 Addition As procuring officer, to undertake a Regulated Procurement in accordance with the Council’s General Contract Standing Orders. Note – Financial thresholds for Regulated Procurements are generally set every two-years and current thresholds are stated within SPPN 5/2-2023 Page 117 of 172
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19.4 Ensure a high level of diligence in the evaluation of quotations and/or tender proposals per the standard of assurances set out in General Contract Standing Orders and any other stated contract requirement As an officer with an associated Procurement Role of “Evaluator”, to ensure a high level of diligence in the evaluation of quotations and/or tender proposals per the standard of assurances set out in General Contract Standing Orders and any other stated contract requirement. 19.5 Award a Contract up to the threshold levels as set out in General Contract Standing Orders Award a Contract up to the threshold levels where the responsibility sits with the Chief Officer (Assets and Procurement) as set out in General Contract Standing Orders and to act as the Proper Officer for the purposes of signing the contract. 19.8 Chief Officers must put in place appropriate arrangements for the management of any contract, to at minimum, satisfy the duties as set out in General Contract Standing Orders Chief Officers must put in place appropriate arrangements for the management of any contract, to a minimum, satisfy the requirements applicable under “Contract Management” as set out in General Contract Standing Orders. 19.9 Addition As an officer with an associated Procurement Role of “Contract Manager”, to at minimum, satisfy the “Contract Management” requirements as set out in General Contract Standing Orders 21.6 To enter into arrangements with Scottish Homes, Housing Associations and others in accordance with Schedule 2 of the Local Government Finance Act 1992 to administer Council Tax Benefit, Council Tax Reduction Scheme and discounts on behalf of North Lanarkshire Council for all those resident in the housing authority’s property To enter into arrangements with Housing Associations and others in accordance with Schedule 2 of the Local Government Finance Act 1992 to administer Council Tax Benefit, the Council Tax Reduction Scheme and discounts on behalf of North Lanarkshire Council for all those residents in the Housing Authority’s properties. 32.4 Addition To act on behalf of the Council in matters referred to in the Reservoirs (Scotland) Act 2011 for the following purposes: • Being SEPA’s contact for all matters related to reservoir management. 32.5 Addition To develop actions for inclusion in the Flood Risk Management (Scotland) Act 2009 section 38 reports for approval at the Clyde and Loch Lomond Local Plan District Joint Committee. To develop the content of Flood Risk Management (Scotland) Act 2009 section 37 interim reports for approval by the lead Local Authority. 32.6 Addition To discharge the Council’s power to implement flood protection schemes under Section 60 of the Flood Risk Management (Scotland) Act 2009. 34.12 To submit financial claims and/or monitoring reports for external/grant funding which has been secured by the council and manage/distribute grant funding accordingly in line with the grant terms and conditions To submit financial claims and/or monitoring reports for external/grant funding which has been secured by the Council and manage/distribute grant funding accordingly in line with the grant terms and conditions, and relevant committee approval, relating to the use and maintenance of external funding. 36.2 Addition To submit investment plan proposals, change requests and progress reports to the Glasgow City Region (GCR) Programme Management Office for Page 118 of 172
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consideration in relation to the UK Shared Prosperity Fund or any successor Fund. 50.6 Add in point (h) (h) to determine any application to discharge planning conditions imposed on a grant of planning permission within the category of major developments as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, including applications for approval of matters specified by conditions. 50.11 In terms of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 Building Preservation Notices S.3 Listed Building Enforcement Notices, S34 Following consultation with the Convener or, in their absence the Vice- Convener of the Planning Committee, the local Members and where appropriate, the Chief Officer (Legal and Democratic), to initiate and serve in terms of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the following:- Sections 3 and 4 Temporary Listing Building Preservation Notices Section 34 Listed Building Enforcement Notices Section 39A Fixed Penalty Notice where Listed Building Enforcement Notice has not been complied with Section 41A Stop Notices Section 41F Temporary Stop Notices and ancillary thereto, in circumstances considered appropriate by the Chief Officer (Place), to instruct works to be carried out and costs to be recovered. 56.24 To act as Engineer, to be responsible for the appointment of an Engineer’s representative, and to be responsible for the control of contracts under the Institution of Civil Engineers Conditions of Contract with the exception of exercise of the Employer’s powers Delete 57.27 Addition After consultation with the Chief Constable and the Chief Officer (Legal and Democratic) and after informing the appropriate Convener, the appropriate Vice-Convener and the local Members, to arrange for the advertisement of any proposals for the making, revocation or variation of pavement parking Exemption Orders under the Transport (Scotland) Act 2019. 57.28 Addition In consultation with the Chief Officer (Community Operations) and Chief Officer (Place), to approve pavement parking Exemption Orders, in terms of Section 51 of the Transport (Scotland) Act 2019, subject to the following exclusions:- a) Any proposal where the number of objections outnumber those in support by six or more (multiple objections from one person or one household will count as on objection), and b) Any proposal which is referred to the Reporter as set out in the Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022. Page 119 of 172
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57.29 Addition To implement pavement parking parking Exemption Orders, under the terms of Section 51 of the Transport (Scotland) Act 2019 and the Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022, subject to the following exclusions:- a) Any proposal where the number of objections outnumber those in support by six or more (multiple objections from one person or one household will count as on objection) and b) Any proposal which is referred to the Reporter as set out in the Pavement Parking Prohibition (Exemption Orders Procedure) (Scotland) Regulations 2022. 57.30 Addition To enter into agreements with other local authorities in respect of Roads and Transportation Services used by more than one local authority. 57.31 Addition To work with the responsible authorities and draw up a memorandum setting out arrangements to co-operate with each other and ensure such arrangements are established, implemented and reviewed, and that persons subject to such arrangements are appropriately monitored. 58.14 To implement the schools PPP contract with Transform Schools North Lanarkshire including the approval of payments and setting of penalties To implement the schools PPP contract with Transform Schools North Lanarkshire, including the approval of payments and the setting of penalties and authorising any variations to the contract. 62.11 Addition To consider and make decision on admissions to secure accommodation and implementation of secure accommodation authorisations in accordance with the Children’s Hearing (Scotland) Act 2011 (Implementation of Secure Accommodation Authorisation) (Scotland) Regulations 2013. Page 120 of 172
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North Lanarkshire Council Report Finance & Resources Committee Does this report require to be approved? ☒ Yes ☐ No Ref EK/KS/RM Date 26/02/25 Treasury Management Strategy 2025/2026 Treasury Management and Prudential Indicators 2025/2026 to 2029/2030 From Elaine Kemp, Chief Officer (Finance) E-mail KempE@northlan.gov.uk Telephone 07939 280 601 1. Background 1.1 Each year, in line with the Code of Practice, the Council approves a Treasury Management Strategy. This report updates the strategy for year 2025/2026. Executive Summary This report fulfils the key requirements of the Local Government Act 2003 to: • Outline the Treasury Management Strategy for 2025/2026 in accordance with the CIPFA Code of Practice on Treasury Management. • Report on the treasury and prudential indicators as required by the above code and the CIPFA Prudential Code for Capital Finance in Local Authorities. Recommendations It is recommended that the Finance & Resources Committee: (1) Approves the Treasury Management Strategy 2025/2026 and adopts the Treasury Management and Prudential Indicators for 2025/2026 to 2029/2030, set out within Appendix 1 to this report. (2) Remits the Treasury Management Strategy 2025/2026 to the Council for approval. The Plan for North Lanarkshire Priority Improve North Lanarkshire's resource base Ambition statement (25) Ensure intelligent use of data and information to support fully evidence based decision making and future planning Programme of Work Statutory / corporate / service requirement Item 6 Page 121 of 172
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1.2 In addition, the Treasury Management Strategy outlines the Prudential and Treasury Indicators, which are monitored on a regular basis to demonstrate that the Council’s investment plans are managed within a sound financial environment. 1.3 This strategy continues to emphasise, under the revised Code of Practice, an enhanced role for members in terms of accountability and awareness. The Finance & Resources Committee is responsible for the development of the strategy, its implementation and monitoring, while the Audit and Scrutiny Panel has a specified role in the effective scrutiny, as part of its work on reviewing the internal financial controls of the Council. 1.4 The report also reflects The Local Government Investments (Scotland) Regulations 2010 which were enacted from 1 April 2010 containing a requirement for the annual investment strategy and annual investment report to be approved by the full Council and not delegated to a committee or sub-committee. As a result, this strategy, if endorsed by committee, should be remitted to the Council for approval. 2. Report 2.1 The strategy fully detailed within Appendix 1 covers the: • debt and investment projections • outlook in interest rates • borrowing and investment strategies • treasury management performance measures • policy on repayment of loans funds advances • treasury management/prudential indicators. 2.2 The requirements of the Local Government Investments (Scotland) Regulations 2010 have been incorporated within the 2025/2026 Strategy. 2.3 The introduction of the Prudential Code for Capital Finance in Local Authorities in April 2004 brought about a change to capital spending controls, giving councils the freedom to invest in capital projects without the limitation of legislative controls, provided their programmes can be shown to be prudent, affordable, and sustainable. 2.4 This report builds on this framework outlining the Council’s prudential and treasury management indicators for 2025/2065 to 2029/2030. The key mandatory indicators required by both the Treasury Management Code and the Prudential Code are illustrated for these years and, along with local indicators, with a view to more fully informing the decision-making process. 2.5 Members should note that the forecasts contained within this report are indicative, as per the 5-year Strategic Capital Investment Programme 2024/25 to 2028/29 approved by the Policy and Strategy Committee on 14 March 2024, and reviewed on a continual basis by the Strategic Capital Delivery Group (SCDG) including re-profiling adjustments within the 5-year programme. It should be noted therefore that the estimates presented within this report are based on the current forecasts of the progression of the programme and projected resources available. The financial implications of implementing this plan will be accounted for in the Council’s Medium Term Financial Planning assumptions. 2.6 Material changes to the estimates/forecasts provided within this strategy and prudential indicators will be reported during the quarterly Treasury Management monitoring process and future annual updates to the Treasury Management Strategy. Page 122 of 172
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3. Measures of success 3.1 The Treasury Management Strategy and the Prudential/Treasury Management indicators illustrated in Appendix 1, provide members with assurance that the key objectives of the Prudential Framework (i.e. prudence and affordability) will be satisfied, and the inherent risks of Treasury Management risks will be controlled effectively and efficiently, providing value for money. When taken together, the indicators illustrate that the proposed capital investment plans for 2025/2026 onwards are prudent and affordable. Healthy prudential margins from 2025/2026 onwards justify the investment levels, the cost or affordability of which is contained within the existing financial management strategies. 4. Supporting documentation Appendix 1: Treasury Management Strategy 2025/2026 and the Treasury Management and Prudential Indicators for 2025/2026 to 2029/2030. Elaine Kemp Chief Officer (Finance) Page 123 of 172
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5. Impacts 5.1 Public Sector Equality Duty and Fairer Scotland Duty Does the report contain information that has an impact as a result of the Public Sector Equality Duty and/or Fairer Scotland Duty? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? If Yes, has an assessment been carried out and published on the council’s website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality- and-fairer-scotland-duty-impact-assessments Yes ☐ No ☐ 5.2 Financial impact Does the report contain any financial impacts? Yes ☒ No ☐ If Yes, have all relevant financial impacts been discussed and agreed with Finance? Yes ☒ No ☐ If Yes, please provide a brief summary of the impact? All financial impacts are contained withing the body of the report. 5.3 HR policy impact Does the report contain any HR policy or procedure impacts? Yes ☐ No ☒ If Yes, have all relevant HR impacts been discussed and agreed with People Resources? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.4 Legal impact Does the report contain any legal impacts (such as general legal matters, statutory considerations (including employment law considerations), or new legislation)? Yes ☐ No ☒ If Yes, have all relevant legal impacts been discussed and agreed with Legal and Democratic? Yes ☐ No ☐ If Yes, please provide a brief summary of the impact? 5.5 Data protection impact Does the report / project / practice contain or involve the processing of personal data? Yes ☐ No ☒ If Yes, is the processing of this personal data likely to result in a high risk to the data subject? Yes ☐ No ☐ If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e- mailed to dataprotection@northlan.gov.uk Yes ☐ No ☐ Page 124 of 172
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5.6 Technology / Digital impact Does the report contain information that has an impact on either technology, digital transformation, service redesign / business change processes, data management, or connectivity / broadband / Wi-Fi? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? Where the impact identifies a requirement for significant technology change, has an assessment been carried out (or is scheduled to be carried out) by the Enterprise Architecture Governance Group (EAGG)? Yes ☐ No ☐ 5.7 Environmental / Carbon impact Does the report / project / practice contain information that has an impact on any environmental or carbon matters? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.8 Communications impact Does the report contain any information that has an impact on the council’s communications activities? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact? 5.9 Risk impact Is there a risk impact? Yes ☒ No ☐ If Yes, please provide a brief summary of the key risks and potential impacts, highlighting where the risk(s) are assessed and recorded (e.g. Corporate or Service or Project Risk Registers), and how they are managed? Treasury Management activity by its very nature has a number of inherent risks including interest rate, liquidity and refinancing risks. To minimise risk for its treasury management activities the Council adopts and operates in accordance with the guidelines for best practice prescribed within the CIPFA “Treasury Management in the Public Services” Code of Practice and the CIPFA Prudential Code for Capital Finance in Local Authorities. 5.10 Armed Forces Covenant Duty Does the report require to take due regard of the Armed Forces Covenant Duty (i.e. does it relate to healthcare, housing, or education services for in-Service or ex- Service personnel, or their families, or widow(er)s)? Yes ☐ No ☒ If Yes, please provide a brief summary of the provision which has been made to ensure there has been appropriate consideration of the particular needs of the Armed Forces community to make sure that they do not face disadvantage compared to other citizens in the provision of public services. Page 125 of 172
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5.11 Children’s rights and wellbeing impact Does the report contain any information regarding any council activity, service delivery, policy, or plan that has an impact on children and young people up to the age of 18, or on a specific group of these? Yes ☐ No ☒ If Yes, please provide a brief summary of the impact and the provision that has been made to ensure there has been appropriate consideration of the relevant Articles from the United Nations Convention on the Rights of the Child (UNCRC). If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been carried out? Yes ☐ No ☐ Page 126 of 172
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Appendix 1 Treasury Management Strategy 2025/2026 & Treasury Management Indicators & Prudential Indicators 2025/2026 to 2029/2030 Page 127 of 172
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Appendix 1 Index 1. Introduction 2. Annual Borrowing Requirement 2025/2026 3. Outlook for Interest Rates 4. Annual Borrowing Strategy 2025/2026 5. Annual Investment Strategy 2025/2026 6. Performance Measurement Indicators and Benchmarking 7. Treasury Management Indicators 2025/2026 to 2029/2030 8. Prudential Indicators 2025/2026 to 2029/2030 9. Policy on Repayment of Loans Fund Advances 2025/2026 Annex A: Treasury Management Policy Statement and Clauses adopted Annex B: Explanation of Long-term Rating Definitions Annex C: Permitted Investments, Associated Controls Credit Rating, Money and Time Limits Annex D: Interest Rate Forecast March 2025 until December 2027 Annex E: Sensitivity Analysis of Prudential Indicators: Affordability 2025/2026 to 2029/2030 Annex F: Loans Fund Repayment Schedule Page 128 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 1. Introduction 1.1 Treasury Management (TM) deals with the borrowing and investment activity of the Council and is an integral part of the financial management strategy of the Council. It seeks to ensure that both capital borrowing requirements and day to day revenue cash transactions are fully funded. Its importance has increased as a result of the additional freedoms provided by the Prudential Code, with specific treasury management and prudential indicators included in this Strategy that require approval. 1.2 The treasury management and prudential indicators outlined within section 7 and 8 below consider the affordability and impact of capital expenditure decisions, whilst the treasury management service considers the effective funding of these decisions. Together these form part of a process to ensure the Council meets its balanced budget requirement. 1.3 The Council’s treasury management activities are strictly regulated by statutory requirements and a professional code of practice. In accordance with the Council’s financial regulations the Council adopts the CIPFA “Treasury Management in the Public Services” Code of Practice (the Code) issued in December 2021 including the Treasury Management Policy statement, and the adoption of the key clauses outlined within Annex A. The Council also complies with the CIPFA Prudential Code with the setting of at least three-year prudential indicators. 1.4 The Council has a Capital Strategy which is approved and reviewed annually by the Policy and Strategy Committee, in conjunction with the Strategic Capital Investment Programme to demonstrate that the Council takes capital expenditure and investment decisions in line with the Councils service objectives and properly takes account of stewardship, value for money, prudence, affordability and sustainability. 1.5 The Prudential Code requires the Council’s Capital Strategy to be aligned to the Treasury Management Strategy. To ensure this integrated approach between the capital expenditure plans and Treasury Management Strategy, the Council will continue to incorporate the Prudential Indicators with regard to capital expenditure within this document. 1.6 The Treasury Management Strategy outlines the Council’s debt position, including the anticipated level of debt and the authorised borrowing limit. The capital expenditure plans determine the borrowing need of the Council. The Treasury Management team essentially monitor the long-term cash flow planning, to ensure the Council can meet its capital spending obligations. 1.7 The Code re-affirms the Audit and Scrutiny Panel’s role in providing effective scrutiny of the Treasury Management Strategy and policies, whilst the Finance and Resources Committee remains responsible for the development of the strategy, its implementation and monitoring. 1.8 The revised Prudential and Treasury Codes emphasises members responsibility in this area, requiring increased member awareness, to enable greater member scrutiny of treasury management activity. This also enables local authorities to demonstrate that members have the necessary skills and knowledge in this complex and technical area, to make informed decisions. The Treasury Management team provide in house awareness sessions, with members also provided with the opportunity to review the Councils Treasury Management Practices manual. A Treasury Management Toolkit has been developed by CIPFA Scotland Treasury Management Forum and CIPFA, which provides an online training resource to elected members and financial staff, to further develop knowledge and understanding of elements of treasury management. 1.9 In accordance with the CIPFA Treasury Management Code recommendations, the Council has a Treasury Management advisory contract in place. The current providers are Arlingclose Ltd, who provide specific advice on investment, debt and capital finance issues. 1.10 Per the CIPFA Treasury Management Code, the Council adopts a high-level approach to setting policies for borrowing and investment activity. An appropriate scheme of delegation is in place to ensure all staff employed in treasury management have the suitable skills and resources, to carry out delegated treasury management activities effectively, efficiently and achieving value for money. 1.11 The treasury management staff regularly attend training courses, seminars and workshops provided by the Council’s advisors, the CIPFA Scotland Treasury Management Forum and other ad hoc providers, including brokers and financial institutions. Staff also receive regular treasury Page 129 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 related updates, information, and newsletters on a daily/weekly basis via email from banks and other financial institutions. Staff also have access to treasury related websites to maintain awareness of treasury management issues. 1.12 The requirements of the Code have been incorporated within the 2025/2026 Treasury Management Strategy and in the preparation of the Treasury Management Indicators & Prudential Indicators for 2025/2026 to 2029/2030. 1.13 The Code of Practice requires the Council to produce reports on its Treasury Management policies, practices, and activities on a regular and ongoing basis. This encompasses the preparation and approval of an Annual Strategic Plan, which defines the arrangements for managing the Treasury Management function in the incoming year. This report details the proposed Strategy for 2025/2026. 1.14 This Strategy covers: The debt and investment projections Outlook in interest rates The borrowing and investment strategies Treasury Management performance indicators Specific limits on treasury management activities 1.15 The requirements of the Local Government Investments (Scotland) Regulations 2010 have been incorporated within the 2025/2026 Strategy, including the preparation of an investment strategy which must be approved by the full Council. 1.16 Members should note that the forecasts contained within this report are indicative, as per the 5- year Strategic Capital Investment Programme 2024/25 to 2028/29 approved by the Policy and Strategy Committee on 14 March 2024, and reviewed on a continual basis by the Strategic Capital Delivery Group (SCDG) including re-profiling adjustments within the 5 year programme. It should be noted therefore that the estimates presented within this report are based on the current forecasts of the progression of the programme and projected resources available. Material changes to the estimates/forecasts provided within this Treasury Management strategy and Prudential indicators will be reported during the quarterly Treasury Management Monitoring Process. 2. Annual Borrowing Requirement 2025/2026 2.1 At the beginning of 2025/2026, it is anticipated that the Council’s total debt outstanding including long term liabilities will amount to £1,295.5m. The Strategic Capital Investment Programme for the period 2025/2026 to 2028/2029 will be reviewed on a continual basis by the Strategic Capital Delivery Group (SCDG), including any re-profiling adjustments required. On this basis, it is currently anticipated that during 2025/2026 there will be a total capital expenditure (excluding credit arrangements) of £279.2m which comprises the General Fund Community Investment programme of £153.4m and the Housing Revenue Account programme of £125.8m. 2.2 The forecast capital expenditure will be resourced by capital grants, external contributions and capital funded from current revenue (CFCR) of £109.6m, with £169.6m representing capital investment funded by borrowing. This represents an in year borrowing need, which will contribute towards the net increase in the Capital Financing Requirement (CFR). Table 7 within Section 8 below sets out the forecast Capital Expenditure plans for the period 2025/2026 to 2029/2030. 2.3 During 2024/2025 the Council has primarily used a combination of internal cash balances / reserves, short term borrowing (<1 yr) and credits due to the scheduled principal repayments to the loans fund from service departments (annuity based) to meet its borrowing requirement and refinancing of long-term debt maturing in lieu of long-term borrowing where possible however long-term borrowing is undertaken when deemed appropriate. This strategy is adopted in light of interest rate expectations, management of carrying costs, and the availability of short-term borrowing up to 364 days at attractive rates. Whilst it will be kept under continual review, a similar borrowing strategy is anticipated during 2025/2026 with other funding sources utilised in lieu of future long-term borrowing, where possible, and in line with the borrowing strategy outlined below. 2.4 To meet the capital programme financing requirement, the replacement of maturing long-term debt and the maintenance of cash balances necessary to meet on going daily liquidity Page 130 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 requirements, it is estimated that the Council will require to source long-term borrowing of £240.0m in 2025/2026, £340.0m in 2026/2027, £322.5m in 2027/2028, £253.0m in 2028/29 and £235.0m in 2029/30. 2.5 These borrowing projections exclude temporary borrowing undertaken, with average levels held expected to be approximately £242.0m over the forecast period. This level of short-term borrowing can be attractive, due to generally lower rates. It should be noted that market rates have risen significantly as a result of a number of increases in the Bank of England Base Rate over the past few years, due to economic and inflationary pressures, however the Bank of England has started reducing base rate in August 2004 and it is currently anticipated that these rates are forecast to reduce to lower levels over the forthcoming years. 2.6 The Council’s borrowing requirement is set firmly within the framework of wider Council activity and will be driven by ‘The Plan for North Lanarkshire’, the Capital Strategy and the Medium-Term Financial Plan. 3. Interest Rates Outlook and Other Economic Updates 3.1 The impact on the UK from the government’s Autumn Budget, slower interest rate cuts, modestly weaker economic growth over the medium term, together with the impact from President Trump’s second term in office and uncertainties around US domestic and foreign policy, will be major influences on the Authority’s treasury management strategy for 2025/26. 3.2 The Bank of England’s (BoE) Monetary Policy Committee (MPC) reduced Bank Rate to 4.75% at its meeting in November 2024, having previously cut by 25bp from the 5.25% peak at the August MPC meeting. 3.3 The Bank of England’s quarterly Monetary Policy Report (MPR) in November forecasted Gross Domestic Product (GDP) growth to pick up to around 1.75% (four-quarter GDP) in the early period of the BoE’s forecast horizon before falling back. The impact from the Budget pushes GDP higher in 2025 than was expected in the previous MPR, before becoming weaker. Current GDP registered no growth (0.0%) between July and September 2024, and 0.4% growth between April and June 2024, a further downward revision from the 0.5% rate previously reported by the Office for National Statistics. 3.4 The outlook for CPI inflation in the November MPR showed it rising above the MPC’s 2% target from 2024 into 2025 and reaching around 2.75% by the middle of calendar 2025. This represents a modest near-term increase due to the ongoing impacts from higher interest rates, the Autumn Budget, and a projected margin of economic slack. Over the medium-term, once these pressures ease, inflation is expected to stabilise around the 2% target. 3.5 The labour market appears to be easing slowly however, but the data still requires treating with some caution. The latest figures reported the unemployment rate rose to 4.4% in the three months to November 2024, while economic inactivity also declined. Pay growth for the same period was reported at 5.6% for both regular earnings (excluding bonuses) and for total earnings. Looking ahead, the BoE’s MPR showed the unemployment rate is expected to increase modestly, rising to around 4.5%, the assumed medium-term equilibrium unemployment rate, by the end of the forecast horizon. 3.6 In global terms the US Federal Reserve has also been cutting interest rates, bringing down the Fed Funds Rate by 0.25% at its December 2024 monetary policy meeting to a range of 4.25%- 4.50%, marking its third consecutive reduction. Further interest rate cuts are expected in 2025, but uncertainties around the potential inflationary impact of President Trump’s policies may muddy the waters in terms of the pace and magnitude of further rate reductions. Moreover, the US economy continues to expand at a decent pace, rising at an annual rate of 2.8% in the third quarter of 2024, and inflation remains elevated suggesting that monetary policy may need to remain more restrictive in the coming months than had previously been anticipated. The European Central Bank (ECB) also continued its rate cutting cycle, reducing its three key policy rates by 0.25% in December. Euro zone inflation rose above the ECB 2% target in November 2024, hitting 2.2% as was widely expected and a further increase from 2% in the previous month. Inflation is expected to rise further in the short term, but then fall back towards the 2% target during 2025, with the ECB remaining committed to maintaining rates at levels consistent with bringing inflation to target, but without suggesting a specific path. Page 131 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 3.7 Arlingclose forecasts that The Bank of England’s Monetary Policy Committee will continue reducing rates through 2025, taking Bank Rate to around 3.75% by the end of the 2025/26 financial year. The effect from the Autumn Budget on economic growth and inflation has reduced previous expectations in terms of the pace of rate cuts as well as pushing up the rate at the end of the loosening cycle. 3.8 Arlingclose expects long-term gilt yields to remain broadly at current levels on average (amid continued volatility), but to end the forecast period modestly lower compared to now. Yields will continue remain relatively higher than in the past, due to quantitative tightening and significant bond supply. As ever, there will be short-term volatility due to economic and (geo)political uncertainty and events. 3.9 Movements in supply and demand for UK gilts heavily influence the gilt prices and yields, with corresponding movements up or down in the PWLB interest rates reflecting the perception of improved stability or increased uncertainty in both the UK and other non-UK financial markets respectively. 3.10 Annex D provides details of the forecast official Bank rate, 3-month money market rate and PWLB rates over the next five years which are underpinned by the economic risks and uncertainties outlined in the preceding paragraphs above. 3.11 The Council’s main source of borrowing is the HM Treasury’s PWLB lending facility (PWLB), with PWLB lending generally available at 100bps (1.00%) above UK gilt prices with any forecast movements in PWLB interest rates closely correlated to gilt movements. 3.12 Table 1 below includes forecast average PWLB rates anticipated for a range of maturity periods over the next 5 years based on the forecast per Annex D. The interest rates shown take account of the 0.20% reduction in the standard rates which will apply if the Council, as expected, meets the qualifying criteria for the certainty rate in 2025/2026 and future years. Please note as per para 4.21 that there is an additional discount available on PWLB rates of 0.4% for qualifying HRA borrowing that relates to the period to March 2026 only. 3.13 These projections underpin the borrowing and investment strategies outlined in the following paragraphs. 4.0 Annual Borrowing Strategy 2025/2026 4.1 The Council uses a combination of internally accumulated cash funds i.e. its revenue reserves/balances plus working capital, temporary borrowing (up to 364 days) and external borrowing from both the markets and PWLB, to fund its capital financing requirement (CFR). This minimises the amount of investment balances held, managing credit and counterparty risk and the impact of low investment returns, resulting in the Council currently being in an under borrowed position, which is in line with the strategic approach adopted. 4.2 The borrowing strategy to meet the current year (2024/2025) capital programme financing requirement of £132.4m (excluding credit arrangements), has been to use a combination of internal cash balances, and short-term borrowing where available at attractive rates plus credits due to the scheduled principal repayments, in lieu of future long-term borrowing where possible, however long-term borrowing has been taken when deemed appropriate. This strategy is supported by efficient cashflow management, interest rate outlook, forecast balance sheet Annual Average Bank Rate 3 months Money Market Rate 5 Year 10 Year 20 Year 50 Year 2025 4.06% 4.24% 4.95% 5.18% 5.65% 5.35% 2026 3.75% 3.85% 4.74% 5.01% 5.45% 5.15% 2027 3.75% 3.85% 4.85% 5.05% 5.45% 5.15% 2028 3.75% 3.85% 4.85% 5.05% 5.45% 5.15% 2029 3.75% 3.85% 4.85% 5.05% 5.45% 5.15% Table 1 - Medium Term Interest Rate Estimates (averages) PWLB Rates Page 132 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 analysis of reserves and provisions, and effective treasury risk management. It is proposed that a similar borrowing strategy be adopted where possible to meet the financing requirement of £169.6m in 2025/2026. 4.3 The successor to IAS17 Leases, IFRS16 Leases was applicable for Local Authorities from 1 April 2022. An optional two-year delay was announced, and each authority had the choice of when to implement this new standard, but by no later than 1st April 2024. Implementation will, dependent upon the nature of the financing and business model, require costs previously presented as revenue costs, restated and shown as capital expenditure under a credit arrangement. This is being implemented in the current 2024/2025 financial year, it is expected this will primarily impact upon the current accounting treatment for vehicles, plant and equipment (VPE), acquired under operating lease arrangements, as well as impacting on PPP contract liabilities, with an estimated increase in the Council’s 2024/2025 Capital Financing Requirement of approximately £98.7m (PPP £96.5m, VPE £2.2m). This is reflected in Table 7 within Section 8.0 below. 4.4 For 2025/2026, it is anticipated that the Capital Financing Requirement will increase by £143.8m, which comprises the capital investment funded by borrowing and movement in balances held under credit arrangements due to ongoing impact of IFRS16 Leases, offset by scheduled principal repayments of loan fund advances and finance leases. 4.5 It is estimated that the Council will require to source long-term borrowing of £240.0m in 2025/2026, £340.0m in 2026/2027, £322.5m in 2027/2028, £253.0m in 2028/29 and £235.0m in 2029/30 to meet the on-going capital financing requirements, the replacement of maturing long- term debt and the maintenance of cash balances necessary to meet on going daily liquidity requirements. 4.6 These borrowing projections exclude monies borrowed and repayable over a shorter period, with average levels held expected to be approximately £242.0m over the five-year period. This level of short-term borrowing is generally attractive due to lower rates typically available. 4.7 The Council’s capital expenditure planning processes and investment/borrowing analysis enables it to time its borrowing to take advantage of opportunities that may arise to achieve beneficial borrowing rates, minimising interest rate risk. 4.8 The timing of new borrowing will also take into account the level of cash balances and investments held so that there may be an option of postponing borrowing and continuing to use these balances in the short term. 4.9 The Councils borrowing strategy will be underpinned not only by the absolute borrowing rates but also the relationship between short and long-term interest rates. This difference creating a ‘cost of carry’ for any new longer-term borrowing where the proceeds of borrowing are temporarily held as investments because of the difference between what is paid on the borrowing and what is earned on the investment. 4.10 The Council will closely monitor movements in long and short-term interest rates to manage its interest rate risk. 4.11 The repayment terms of new borrowing will take account of the debt maturity profile to ensure that an acceptable amount matures in any one year, managing the refinancing risk, whilst being undertaken at the most advantageous rate. 4.12 The forecast debt maturity profile at the 31 March 2025 per the graph below highlights that there are a number of points in the maturity spectrum at which the Council has little or no debt due for repayment. In general, the current maturity profile provides the Council with flexibility in determining the maturity period for new borrowing, whilst ensuring the strategy adopted minimizes the debt interest costs. 4.13 It should be noted that the debt maturity profile per the graph is based on the maturity date of LOBO (Lender’s Option Borrower’s Option) loans, whilst noting the Code requires the Council to classify LOBO type loans as having a potential maturity in the year where options or calls exist. A LOBO option is called, when the lender exercises its right to amend the interest rate, at which point the Council can accept the revised terms or reject them and repay the loan. Page 133 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 4.14 The Council currently has a £3.0m exposure to LOBO loans which can be called within 2025/2026, which represents less than 0.48% of the projected long-term debt held at the 31 March 2025 of £626.130m. The interest rates on the LOBO loans held range from 10.625% to 10.937%, averaging 10.781%. 4.15 A comparison of the LOBO loan option 2025/2026 call dates to the maturity date is provided within Table 2 below: 4.16 Based on the current and the forecast interest rates, the likelihood of these loans being called has been assessed as minimal. In the event that the call option is exercised, the default position will be the repayment of the LOBO without penalty, with the associated treasury management risks (refinancing/interest rate/liquidity) managed in line with the borrowing strategy for other maturing debt. 4.17 The Council’s Treasury Management advisors provide forecasts of interest rates for different maturity dates in future years. Using these forecasts, it is projected over the years 2025/2026 to 2029/2030, the PWLB borrowing rates may average between 4.74% and 4.95% (up to 5 years) and between 5.15% and 5.35% (up to 50 years). 4.18 Uncertainty over future interest rate movements increases the risks associated with treasury management borrowing activity, therefore it should be noted, that the period over which any new borrowing is taken will be guided by movements and fluctuations in the interest rate yield curve and capital financing requirement. 4.19 No more than 25% of the total debt outstanding shall be taken from any one lender at any one time, except for borrowing from Public Works Loan Board (or its successor body), unless expressly approved by the Chief Officer (Finance) in line with current policy. 10 20 30 40 50 60 70 80 90 M ILLIONS FINANCIAL YEAR Forecast Long Term Debt Maturity Profile 31 March 2025 PWLB MARKET LOANS Loan Value 2025/2026 Call Dates Year of Maturity Current Interest Rate £2,000,000 1st June & 1 December 2025/2026 10.6250% £1,000,000 3 April & 3 October 2026/2027 10.9375% Table 2 - LOBO Loans Summary Page 134 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 4.20 The Council must apply annually to be eligible for a certainty rate discount of 20 basis points (bps) on the standard borrowing rate. The Council was successful in its application to the PWLB in April 2024, meeting the criteria and obtaining eligibility for the certainty rate discount on PWLB loans, accessible from 1 April 2024. Note within Table 1 above the medium-term interest rate average forecasts for the PWLB interest rates include the 20bps discount. 4.21 A new PWLB HRA rate, which is 40bps below the certainty rate, has been available from 15th June 2023. This rate has recently been extended until March 2026, and is to support local authorities to borrow for Housing capital purposes or refinancing existing loans. In conjunction with our treasury advisors, we continue to review the requirements and assess the borrowing opportunities for the Council. 4.22 The Council will consider a number of borrowing structures in 2025/2026 which will include; • Internally accumulated cash funds. The Council may temporarily use its cash backed revenue reserves/balances plus working capital to support its capital programme generally known as internal borrowing, in lieu of future short and long-term borrowing. This approach may be adopted to manage the level of investment balances held, managing credit and counterparty risk and the impact of low investment returns and cost of carry. • Short-term Borrowing The Council may borrow on a temporary basis (up to 364 days) which would significantly reduce the carrying costs whilst managing the refinancing and interest rate risk. For example, for loans up to 364 days, other local authorities generally offer better terms than those of the PWLB for a 1-year loan, with this option therefore being more attractive. This may also be used to meet cashflow demands to manage temporary fluctuations in cash balances held on a daily basis. Short-term interest rates are currently higher than in the recent past but are expected to fall in the coming year and it is therefore likely to be more cost effective over the medium-term to either use internal resources, or to borrow short-term loans instead where possible. • PWLB Variable Rate Loans These loans are available for periods of up to 10 years with the interest payable generally linked to movements in short term rates. Liquidity within the short-term borrowing market may supercede the potential benefits of this type of borrowing. • PWLB Fixed Rate Maturity Loans (< 20 years) New loans for periods up to 20 years, which fit in with the existing debt maturity profile, are attractive, providing relatively low refinancing risk as as short-term rates are expected to remain lower than their longer dated counterparts for the foreseeable future. These could offer greater flexibility to repay/reschedule on beneficial terms in the future, depending on the volatility of interest rates. • PWLB Equal Instalment Payment and Annuity Loans (< 30years) These loans are different from fixed rate maturity loans as the repayments are made up of both interest and principal with the principal outstanding reducing at 6 monthly intervals throughout the life of the loan, with corresponding reduction in interest payments on the balance outstanding. The interest rates payable are lower than the fixed rate maturity loans for short and medium dated maturities with an additional benefit being a smoother debt maturity profile on the debt e.g. £2.5m every year for 10 years as opposed to £25m payable in 10 years. This also spreads the refinancing risk and may also present beneficial opportunities dependent upon the interest yield curve at the time repayments are due. • Medium/Long Term Fixed PWLB Loans (> 20 years) These loans will be considered in conjunction with managing the current debt maturity profile, the higher interest rate profile and the additional cost of carry. These loans currently offer less flexibility in terms of debt restructuring as a result of PWLB Circular 147, which left the premature repayment rates unaltered. As a result, these are currently the least attractive option, but circumstances will be monitored to identify beneficial opportunities to source PWLB loans within this maturity spectrum. Page 135 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 • Market Loans At present availability is limited, but in the future these loans may become more attractive given the 0.80% margin on PWLB loan rates, as these loans could be cheaper than similar long term PWLB loans despite this being partially offset by the certainty rate. In addition to the possibility of advantageous interest rates, there is also the ability to fix the rate for receipt at a date in the future, avoiding the cost of carry for example to cover future maturities in the period 2025/2026 to 2029/2030. • Local Authority Bonds Local authority bonds can be issued by a public stock exchange listing, a private placement or a retail bond but would only become a viable option if the size of funds to be borrowed reached a minimum of £150m. Prior to undertaking a bond issuance, the Council would carry out a due financial diligence process. Factors to be considered would be the type of bond issue e.g. index linked, the set-up costs, the timing of the issue, the potential cost of carry, the credit rating process, the projected long term capital financing requirement position and the nature of the projects being funded e.g. income streams index linked. • Leasing On occasions, leasing will be used if an option appraisal review identifies this as being advantageous to the Council and considering IFRS16 Leases impacts. 4.23 As part of its borrowing strategy, the Council will seek to identify and evaluate opportunities for debt rescheduling to accrue potential benefits including: • achievement of cash interest savings, without exposing the Council to additional risk; • ensuring a more balanced maturity profile and volatility ratio; and • achieving the desired borrowing strategy. 4.24 The Council will continue to monitor its debt portfolio and movements in interest rates across PWLB interest rate structures, to identify opportunities to generate interest savings, whilst strategically managing any premiums or discounts incurred as a result of the rescheduling/ restructuring. 4.25 The Local Authority (Capital Finance and Accounting) (Scotland) Regulations 2016 legislation enacted on 1 April 2016 and associated Local Government Circular 7/16 Statutory Guidance on Loans Fund Accounting provide the legislative background governing the Council's borrowing activity. 5.0 Annual Investment Strategy 2025/2026 5.1 Investment Regulations 5.1.1 The Investment Regulations became statutory instruments by force of the Scottish Parliament on the 1 April 2010 in conjunction with the associated Code on the Investment of Money by Local Authorities. This requires the Council to approve all the types of investments to be used and set appropriate time and money limits for the amount that can be held in each investment type. These types of investments are termed permitted investments and any investments used which have not been approved as a permitted investment will be considered as ultra vires. 5.1.2 Following a Markets in Financial Instruments (MiFID III) directive, from the 3 January 2018, local authorities were to be treated as retail clients, with the option to opt up to professional status provided certain criteria was met. The Council continues to meet the conditions to opt up to professional status and therefore continues to have access to products including money market funds, pooled funds, treasury bills, bonds shares and to financial advice. 5.2 Risk Management 5.2.1 In accordance with the revised code, the Council recognises the importance of risk management, and the effective management of all the associated treasury management risks encountered in working with the approved permitted list of investments. The treasury management risks and tools put in place to manage these risks include: • Credit and counterparty risk: this is the risk of failure by a counterparty to meet its contractual obligations to the Council, particularly as a result of the counterparty’s diminished Page 136 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 creditworthiness and the resulting detrimental effect on the Council’s capital or revenue resources. There are no counterparties where the risk is zero although AAA rated organisations have a very high level of creditworthiness. The Council has in place minimum credit criteria to determine which counterparties and countries are of high creditworthiness to enable investments to be made safely. • Liquidity risk: this is the risk that cash will not be available when it is needed. While it could be said that all counterparties are subject to at least a very small level of liquidity risk, the Council measures this risk on whether or not, instant access to cash can be obtained from each form of investment. The Council has developed a detailed cashflow model to record known and forecast income and payment events arising in the short, medium to long term. • Interest Rate Risk: This is the risk that fluctuations in the levels of interest rates create an unexpected or unbudgeted burden on the Council’s finances against which the Council has failed to protect itself adequately. To manage this risk, the Council takes a view of the future course of interest rates and formulates a Treasury Management Strategy accordingly, aiming to maximise investment earnings and minimise borrowing costs, whilst giving full regard to other treasury management risk factors including security and liquidity. • Price Risk Management: This risk primarily relates to financial instruments that are regularly traded in the various financial market exchanges. This is the risk that the Council is required to redeem this type of investment prematurely at prices above and below the price on which the financial instrument was originally purchased (par value) and thus be subjected to the market conditions prevailing at that time. If the investment is held to maturity the principal sum is guaranteed with it being redeemed at par value. The Council will only use those which appear on its permitted investment list, if their redemption price is not expected to vary much during its short life or for example in the case of treasury bills they offer a higher rate of return than depositing in the Debt Management Account Deposit Facility for a similar level of security. • Legal and Regulatory Risk: This is the risk that the Council itself or an organisation with which it is dealing in its treasury management activities fails to act in accordance with its legal powers or regulatory requirements and the Council suffers losses accordingly. In the event of any doubt as to the legal and regulatory issues the Council has recourse to its own in-house legal services team and also the Council’s appointed treasury advisors Arlingclose Ltd. The Council also currently has in place a highly experienced and qualified Treasury Management team. 5.3 Permitted Investments 5.3.1 The permitted investments which may be used in the forthcoming year are: a. Deposits with the Debt Management Account Facility (UK Government); b. Deposits with other local authorities or public bodies; c. Instant Access Accounts; d. Call Accounts; e. Term Deposits; f. Money Market Funds; g Instant Access Funds held with Council’s own bank; h. UK Government Gilts and Treasury Bills; i. Supranational Bonds (e.g. World Bank); j. Certificates of deposits with financial institutions (banks and building societies); k. Covered Bonds; l. Reverse repurchase agreements and other collateralised arrangements; m. Investment properties; n. Loans to third parties, including soft loans; o. Loans to a local authority company; p. Shareholdings in a local authority company; q. Non-local authority shareholdings; r. Subordinated debt in projects delivered via ‘Hubco / DBFM’ model Page 137 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 5.3.2 In respect of Money Market funds (MMF) listed per f) above, these funds invest in high-quality short-term fixed income instruments and adhere to very strict credit quality, diversification and maturity guidelines with preservation of capital constituting the primary objective. Prior to January 2019, the Council used Constant Net Asset Value (CNAV) Funds meaning for every £1 of principal invested the fund will return £1 of principal on withdrawal by the investor, plus interest with preservation of capital the prime objective. 5.3.3 However on the 21 January 2019, as a result of MMF Industry reform, the CNAV funds are no longer available and on this date two types of funds became available to the Council: • a Public Debt CNAV (assets invested in government debt); and • a ‘Low Volatility NAV’ (LVNAV) that is a hybrid between CNAV and VNAV 5.3.4 After scrutiny of the new products available, the Council continues to use money market funds, primarily using the LVNAV type as an investment instrument. It is worth noting that one of the main differences between the LVNAV and CNAV fund is the Council is no longer guaranteed preservation of capital i.e. for every £1 of principal invested the fund will no longer guarantee a return £1 of principal on withdrawal. 5.3.5 However, the day-to-day operation of LVNAV funds is very similar and has many of the attractive features of the CNAV fund and the probability of the price changing and loss of capital, within the boundaries set for price changes i.e. “the collar”, is widely regarded as de minimis. Therefore, the use of these investments continue to remain within the risk appetite adopted by the Council per its investment approach. 5.3.6 Bail-in legislation which ensures that large investors including local authorities will rescue failing banks instead of taxpayers in the future, is now fully implemented in the UK. Under the UK Financial Services Compensation Scheme and similar European Schemes most private sector investors are now partially or fully exempt from contributing to a bail-in. The credit risk associated with making unsecured bank deposits has therefore increased relative to the risk of other investment options. 5.3.7 To manage the bail-in risk, covered bonds, reverse repurchase arrangements and other collateral arrangements with financial institutions are included within the permitted investment list. These investments are secured on the assets of the borrower, which limits the potential losses in the unlikely event of insolvency and would be exempt from bail-in. 5.3.8 Whilst there is no investment specific credit rating for these types of arrangements, the collateral upon which the investment is secured has a credit rating, with the highest of the collateral credit rating and the counterparty credit rating being used to determine cash and time limits. Note the combined secure and unsecured investments in any one bank should not exceed the cash limit for that counterparty. 5.3.9 Investments in subordinated debt in projects delivered via the ‘Hubco/DBFM’ model included within the permitted investments list will only be undertaken, following a full risk/benefit analysis, subject to a maximum investment amount of £1.5m per project and for a maximum term of 30 years. 5.3.10 For cash investments, there is a risk of capital loss arising from selling ahead of maturity if combined with an adverse movement in interest rates and for term deposits and loans if they are redeemed early. Therefore, the Council will undertake these investments in conjunction with its cashflow/liquidity projections and medium-term financial plans to manage this risk. 5.3.11 Within the Treasury Management code, it suggests the use of financial derivatives but given that the legal power to use derivative instruments remains unclear, the Council does not intend to use derivatives. Should the legal position change, the Council may seek to develop a detailed and robust risk management framework, governing the use of derivatives, but prior to adoption, full Council approval will be sought. 5.4 Investment Security 5.4.1 Although the yield on investment is a key consideration, the primary principle governing the Council’s investment criteria is the security of its investments. Page 138 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 5.4.2 After this main principle the Council will ensure: • It has sufficient liquidity in its investments, carefully selecting the maximum periods for which funds may prudently be committed also applying the Council’s prudential and treasury management indicators covering the maximum principal sums invested. • It maintains a policy covering the categories of investment types it will invest in, the criteria for choosing investment counterparties with adequate security, and to continually monitor security. 5.4.3 The Council minimises risk by identifying those financial institutions that it may invest in to maximise security and liquidity of investment including the specification of maximum time and money limits for each type of permitted investment offered by financial institutions. The counterparty must meet the relevant credit rating requirement with the focus being on the minimum acceptable quality adding a further security overlay to the investment activity of the Council. 5.4.4 The Council utilises the research of the world’s foremost providers of independent credit ratings. The ratings defining the likelihood of an investor such as the Council receiving their money back on the terms in which it was invested. (Long term Rating types and definitions are shown in Annex B). 5.4.5 The Council defines ‘high credit quality’ organisations and securities as those having a credit rating of A- or higher that are domiciled in the UK or a foreign country with a sovereign rating of AA+ or higher. For money market and other pooled funds, the Council defines a high credit rating as those having a credit of A- or higher. Investments with organisations with long term ratings in the BBB long term category will therefore be restricted by cash and maturity limits. 5.4.6 The Council also supplements its credit rating information by accessing and applying additional operational market information before making any specific investment decision from the agreed pool of counterparties. 5.4.7 This additional market information will be applied to compare the relative security of differing investment counterparties and will include: • Credit Default swap prices; • Quality financial press; • Share prices; • Government support status / Bank Resolution and Recovery Directive; • Annual Reports; • Statements to the market; and • Financial Regulations; 5.4.8 Should this additional market information raise concerns regarding the security of a financial institution, then subject to further investigation this may also result in removal from the list. 5.4.9 The creditworthiness of counterparties will be monitored regularly. The Council receives credit rating information from Arlingclose Ltd (the Council’s advisors) as and when ratings change, and counterparties are checked promptly. If a rating change results in the counterparty failing to meet the Council’s strict criteria, they are removed immediately from the list. Similarly, if a counterparty rating is updated and they meet the Council’s strict criteria, they will be added to the list. 5.4.10 Full details of the Council’s investment approach including the type of investments, treasury management risks, associated controls, credit rating, money and time limits are shown in Annex C. The credit rating criteria indicated within the Annex stipulates a long-term rating requirement as this is considered the ultimate driver of credit worthiness of financial institutions. This represents a rating agency view of an institutions capacity to honour its financial obligations and its vulnerability to foreseeable events. The Council in conjunction with its advisors will continue to monitor other information provided from credit rating agencies in terms of short term, individual rating, support rating and outlook. 5.4.11 The Council will give due care when considering the country, group and sector exposure of the Council’s investments and will endeavour to have no more than 25% placed with any non-UK country at any time. A group of banks under the same ownership will be treated as a single Page 139 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 organisation for limit purposes with industry /sector activity monitored regularly for appropriateness. 5.4.12 Environmental, social and governance (ESG) considerations are increasingly a factor in global investors’ decision making, but the framework for evaluating investment opportunities is still developing and therefore the Authority’s ESG policy does not currently include ESG scoring or other real-time ESG criteria at an individual investment level. When investing in banks and funds, the Authority will prioritise banks that are signatories to the UN Principles for Responsible Banking and funds operated by managers that are signatories to the UN Principles for Responsible Investment, the Net Zero Asset Managers Alliance and/or the UK Stewardship Code. 5.5 Investment Strategy 5.5.1 The Council, by efficient cashflow management and balance sheet analysis, will identify its liquidity requirements and the core funds within its cash balances that could be locked in over a longer period up to the maximum limits as defined within Annex C. This will achieve the optimum performance, spreading investment periods and security of return, subject to over-riding credit counterparty security. 5.5.2 The 2025/2026 Treasury Management Strategy has been developed assuming that the annual borrowing requirement and debt repayments, net of credits due to the scheduled principal repayments to the loans fund, will be fully funded by undertaking external borrowing. Therefore, it is anticipated that the Council cash balances available for short term investment will average approximately £40.0m throughout the period 2025/2026 to 2029/2030. 5.5.3 This projected balance being subject to variation dependent upon actual level and timing of external borrowing undertaken, which will reflect positive and negative movements in working capital and level of revenue reserves/balances held during the 5-year period. 5.5.4 All investment activity will be governed by the principles laid out within sections 5.1 to 5.5 above and 5.7 below. 5.6 Borrowing and the Investment of Money 5.6.1 The Council will not borrow more than or earlier than required with the prime intention to profit from the investment return of the extra sums borrowed. 5.6.2 Borrowing in advance will only be taken for risk management reasons subject to sound justification. When considering borrowing in advance the Council will balance investment risks, such as the credit and interest risks resulting from the temporary investment of the proceeds of borrowing, against the risk of adverse interest rate movements if borrowing is deferred. Consideration will also be given to the existing debt maturity profile over the medium term. 5.6.3 The Council will appraise all risk associated with advance borrowing activity with subsequent reporting either within the mid-year or annual reporting mechanism. This report will comply with the minimum data and analytical requirements outlined within The Local Government Investments (Scotland) Regulations 2010. 5.7 Non-Treasury Management Investment Activity 5.7.1 The CIPFA Treasury Management Code includes a section on Non-Treasury Management investment activity, which would normally be for those investments made for policy reasons outside of normal Treasury Management Activity, and may include: • service investments held clearly and explicitly in the course of the provision and for purposes of operational services • commercial investments which are taken mainly for financial reasons and to achieve a financial return 5.7.2 Normal treasury management activity would cover those investments which arise from the organisation's cashflows and debt management activity and ultimately represent balances which need to be invested until cash is required for use in the course of the Council's normal business. Page 140 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 5.7.3 For investments that fall outwith normal treasury management activity the Council will ensure that proper due diligence is carried out to ensure that there is a proper understanding as to: • the powers under which the investment is made to ensure the activity is legal • the service rationale behind the decision to undertake this type of investment • the extent to which capital invested is placed at risk • impact of any potential losses on the financial sustainability of the Council • the specialist professional advice required to assist in the decision-making process 5.7.4 The Council will carry out more careful risk assessment, as it recognises there may be instances where such investments do not give priority for security and liquidity over yield whether due the nature of the transaction itself e.g. commercial investments or for valid service reasons. 5.7.5 Effective scrutiny will be carried out and the justification behind the decision should be explicit, clearly outlining that it is within the Councils legal powers, the level of risk to both capital and returns, the requirement to seek specialist advice if sought and the potential impact on future sustainability if risks come to pass. 5.7.6 This would also include any external underwriting of those risks e.g. guarantees. Given the increase in Councils creating ALEO’s and increasing partnership working, the Council may be asked to provide a financial guarantee to enable other parties to access funds which may not otherwise be available due to their size / lack of credit history. This may also result in external funds being accessed at more favourable terms than they are likely to receive, which will accrue both an operational and financial benefit to the Council. 5.7.7 In general, a financial guarantee is a promise to take responsibility for another company's financial obligation if that company cannot meet its obligation. Prior to agreeing to the provision of a financial guarantee, due financial diligence of the terms of the financial guarantee must be carried out, including an assessment as to the likelihood of the guarantee being called and potential financial liability to the Council. 5.7.8 The responsibility for proper scrutiny and final approval is the Council’s Chief Officer (Finance). Information in respect of non-Treasury Management investments must be clearly laid out and available within the Council’s statutory accounts. 5.7.9 Following the PWLB consultation in the first half of 2020, the PWLB announced revised terms of engagement for borrowing in particular around non-Treasury Management activity. Of greater relevance in England and Wales, given recent activity, Councils are required to confirm there is no intention to borrow for the purposes of acquiring investment assets primarily for yield e.g. retail outlets, hotels in the current or next two financial years otherwise the facility may be suspended or withdrawn fully. The revised Prudential Code also makes it a requirement that local authorities must not borrow to invest primarily for financial return. 6.0 Performance Measurement Indicators & Benchmarking 6.1 The Code of Practice on Treasury Management requires the Council to use performance indicators to assess the adequacy of the treasury management function over the year and incorporate benchmarking to assess performance which is reported within the Annual Treasury Management Activity report. These are distinct historic indicators, which are additional to the predominantly forward-looking prudential indicators outlined in later sections of this report. 6.2 In respect of liquidity which is defined as the Council “having adequate, though not excessive cash resources, borrowing arrangements, overdrafts or standby facilities to enable it at all times to have the level of funds available to it which are necessary for the achievement of its business/service objectives” (CIPFA Treasury Management Code of Practice) the Council will seek to maintain: Liquid short term deposits of at least £3m available on an overnight basis. Page 141 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 6.3 This Council generally uses the following historic indicators to monitor its loan portfolio performance and benchmarking: ❖ Borrowing: Average rate of borrowing for the year compared to average in previous year. ❖ Investments: Local measures of yield benchmarks are the Council’s average return on short term investment activity in comparison to: - 3-month money market rate - Council’s own bank: Instant Access Account; - Council’s Advisors benchmarking club 6.4 In the context of benchmarking security, this is a much more subjective area to assess. The Council currently evidences this by the application of minimum quality criteria to investment counterparties, through the use of credit ratings, supplied by the three main credit rating agencies, together with additional market information available as described earlier within this report and outlined within Annex C. 7.0 Treasury Management Local and Mandatory Indicators 2025/2026 to 2029/2030 7.1 Treasury Management Local Indicator: Interest Rate Exposure 7.1.1 Per the revised CIPFA TM code, the Council is no longer required to set a mandatory indicator for limits with regard to fixed and variable interest rate exposure. The Council will monitor its interest rate exposure by the local indicator shown in Table 3 below. The proportion of fixed interest rate costs to variable interest costs will be monitored on a quarterly basis to identify if there are any potential risks if interest rates were to move significantly upwards. The Council will also monitor debt maturity profile, the spend profile of the capital programme and also continue to adopt a prudent approach to use of internal balances in lieu of future long-term borrowing i.e. monitor under borrowing position. The economic outlook and interest rate forecast will supplement this on-going review of interest rate exposure. 7.1.2 Table 3 above relates only to external interest payments, excluding interest on revenue balances, and includes a number of assumptions regarding the timing and nature of the new borrowing anticipated. As mentioned previously the capital planning process and investment/borrowing analysis enables the Council to take advantage of opportunities that may arise, to achieve beneficial borrowing rates over the same period. 7.1.3 Table 3 highlights that the Council anticipates net loan external interest payments of approximately £48.6 million for 2025/2026. Of this total, £50.1 million relates to interest payable on fixed rate debt, for which interest payments are guaranteed until the loans mature, £0.3million for interest payable on variable rate debt, and (£1.5) million relates to interest receivable on funds invested. Variable rate loans and funds deposited are subject to changes in interest rates and will be monitored as part of the Council’s Treasury Management Strategy on an ongoing basis. Content of loan portfolio £m % £m % £m % £m % £m % External Interest Council is due to pay: Fixed rate loan debt 49.9 99.5% 63.4 100.0% 80.1 100.0% 94.8 100.0% 107.3 100.0% Variable rate loan debt 0.3 0.5% 0.0 0.0% 0.0 0.0% 0.0 0.0% 0.0 0.0% 50.1 100.0% 63.4 100.0% 80.1 100.0% 94.8 100.0% 107.3 100.0% External Interest Council is due to receive: Investments - variable terms 1.5 100.0% 1.4 100.0% 1.4 100.0% 1.4 100.0% 1.4 100.0% Net Loan Interest Payments 48.6 62.0 78.7 93.4 105.8 Table 3 - Loan Indicators Interest Rate Exposures 2025/26 to 2029/30 2029/302025/26 2026/27 2027/28 2028/29 Page 142 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 7.1.4 The table below highlights the estimated impact of a one basis point increase or decrease (e.g. 4.0% variable rate rising to 5.0% or falling to 3.0%) in interest rates to treasury management costs/income for next year. Fixed interest rate debt will not be affected by interest rate changes. 7.2 Treasury Management Mandatory Indicator: Maturity Structure of Borrowing 7.2.1 The Treasury Management Code requires the Council to specify upper and lower limits regarding the maturity structure of its long-term borrowing in order to minimise the risk associated with the Council having to replace large sums of long-term debt at a time when there may be uncertainty over interest rate exposure. 7.2.2 Table 3 illustrates that the Council has high levels of fixed rate debt however the current maturity profile of this debt is unlikely to be a major risk factor for the Council. The limits of fixed and variable rate maturity are set out within Table 5 below; 7.2.3 The upper limit for long-term rate debt, maturing in less than 12 months, is set at 15.0% to accommodate the requirement within CIPFA TM Code to recognise the possibility of the Council loans classified as LOBO type loans having their option or call exercised within the next 12 months, under the terms of the loans as described within paragraph 4.14 above. 7.3 Treasury Management Indicator: Credit Risk 7.3.1 The Council will manage its credit risk by implementing the investment strategy per Section 5 and remaining within the guidelines outlined within Annex C. 7.3.2 The Council has also adopted a voluntary measure of its exposure to credit risk by monitoring the value weighted average credit rating of its investment portfolio. This is calculated by applying a score to each investment and taking the arithmetic average weighted by the size of each investment. Target Portfolio Average Credit Rating A- Table 6 – Credit Risk Indicator 2025/26 8.0 Prudential Indicators 2025/2026 to 2029/2030 8.1 Prudential Indicator: The Capital Expenditure Plans 8.1.1 The Prudential Code requires the Council to outline its capital expenditure plans taking into account the sources of funding available and also the cost to the council in supporting any additional borrowing burden which will require to be paid for from the Council’s own resources. The Government has power to control the level of prudential borrowing although no control has yet been implemented. Some of the estimates for other sources of funding may also be subject to change over this timescale. 8.1.2 Table 7 sets out the revised Capital Expenditure plans for 2024/2025 (Outturn) and forecast for the period 2025/2026 to 2028/2029 as per the 5-year Strategic Capital Investment Programme approved by the Policy and Strategy Committee on 14 March 2024, and reviewed on a continual basis by the Strategic Capital Delivery Group (SCDG) including re-profiling adjustments within the 5 year programme. It should be noted therefore that the estimates presented within this report are based on the current forecasts of the progression of the programme and projected resources available. Financial Year: 2025/2026 Estimate £m +1% £m -1% £m Net Impact on Council (1.3) (0.4) +0.4 Table 4 - Sensitivity to Interest Rate Movements 2025/26 Maturity Structure of Borrowing <12 months 12m to 2 years 2 to 5 yrs 5 to 10 yrs 10 to 20 yrs 20 to 40 yrs 40 yrs+ Upper limit - long term debt 15.00% 15.00% 25.00% 30.00% 35.00% 45.00% 30.00% Lower limit - long term debt 0.00% 0.00% 5.00% 5.00% 5.00% 10.00% 0.00% Table 5 - Maturity Structure of Fixed Rate Borrowing Page 143 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 8.1.3 General Services within Table 7 above encompasses the Capital Financing Requirement, reflecting the borrowing needs, for the General Fund Community Investment Programme which includes City Deal, Town and Community Hubs, Maintaining Existing Assets, Office Rationalisation & Carbon Management, Greenspace & Cemeteries, Roads & Street Lighting, Operational, Infrastructure & Transportation Development, Economic Regeneration, Digital Infrastructure & Innovation and Community Board Investment Fund, whilst HRA includes the New Build, Buy Back Scheme, Mainstream and Ambition programmes. 8.1.4 For 2024/2025, an estimate of £89.3m has been included to reflect the potential implications of IFRS16 Leases in respect of the recalculation of PPP finance leasing arrangements and the reclassification for buildings, vehicle and plant currently accounted for as operational leases within revenue currently managed outwith the prudential framework until changes are adopted by the Council on 1 April 2024. For 2025/2026 to 2029/30, further estimates of £19.8m are included for future estimates of recalculation of lease liabilities. Members should note that this is a change in accounting treatment of leases and does not represent additional cash expenditure. 8.2 Prudential Indicator: Capital Financing Requirement (CFR) 8.2.1 The CFR is essentially a measure of Council’s underlying borrowing need i.e. capital expenditure which is not resourced by capital grants, receipts or CFCR - and any new borrowing will increase the CFR. The CFR includes long term liabilities representing outstanding obligations under the education PPP/DBFM finance leasing arrangements and the Clyde Valley Waste Facility plus IFRS16 Leases implications. 8.2.2 However the Council pays off an element of the accumulated capital spend each year through a revenue charge, comprising scheduled debt repayments from service departments (annuity based) which reduces the CFR. Committee is asked to approve the CFR projections at the 31 March for each financial year set out below. Capital Expenditure 2024/25 Outturn £m 2025/26 Forecast £m 2026/27 Forecast £m 2027/28 Forecast £m 2028/29 Forecast £m 2029/30 Forecast £m Capital Expenditure: General Services 129.8 153.4 140.7 122.5 141.1 104.6 Capital Expenditure: HRA 109.8 125.8 220.3 189.5 157.6 179.4 Total Capital by Expenditure 239.6 279.2 361.1 312.0 298.7 284.0 IFRS16: Vehicles & Buildings 2.2 0.0 0.0 0.0 0.0 0.0 IFRS16: PPP Contracts 87.1 5.4 4.1 4.7 2.4 3.3 Service Concessions: PPP Schools 9.4 9.1 11.3 11.4 12.6 12.1 Total Capital by Credit Arrangements 98.7 14.4 15.5 16.1 15.0 15.4 Total Capital Investment 338.3 293.6 376.5 328.1 313.7 299.5 Financed By: Capital Grants 55.8 59.5 44.5 44.6 52.0 30.0 Capital from Current Revenue 45.1 46.8 20.1 20.1 20.1 20.1 Capital Receipts 6.4 3.4 3.4 3.4 3.4 0.0 CFR: Borrowing: General Services 58.2 84.2 109.9 91.5 102.7 91.7 CFR: Borrowing: HRA 74.2 85.4 183.2 152.4 120.5 142.3 Credit Arrangements 98.7 14.4 15.5 16.1 15.0 15.4 Total Capital Funding Resources 338.3 293.6 376.5 328.1 313.7 299.5 Table 7 - Capital Expenditure Plans 2024/25 to 2029/30 Page 144 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 8.2.3 The year-on-year movement in CFR is shown in Table 9 below. 8.2.4 The scheduled loan debt, education PPP amortisation and credit arrangement figures presented within Table 9 above are based on the estimated profile of the Strategic Capital Investment Programme 2025/2026 to 2028/2029, and implementation of the changes to accounting for service concessions as a result of Scottish Government fiscal flexibilities options applied in 2023/2024 and IFRS16 Leases in 2024/2025. 8.3 Prudential Indicator: Gross Debt and the Capital Financing Requirement: 8.3.1 Within the prudential indicators there are a number of key indicators to ensure the Council operates its activities within well-defined limits. For the first of these the Council needs to ensure that its total borrowing, does not, except in the short-term, exceed the total of the CFR in the preceding year plus the estimates of any additional CFR for 2025/2026 and the next two financial years. 8.3.2 The above table demonstrates that healthy prudential margins will continue to exist from 2025/2026 onwards and that the Council complies with this prudential indicator in the current year and does not envisage difficulties in the future. This view takes into account current commitments, existing plans and the proposals in respect of the capital investment levels proposed. Capital Financing Requirement 2024/25 Outturn £m 2025/26 Forecast £m 2026/27 Forecast £m 2027/28 Forecast £m 2028/29 Forecast £m 2029/30 Forecast £m General Services 1,008.0 1,080.8 1,176.6 1,252.7 1,335.9 1,406.9 HRA 569.6 640.6 808.1 942.8 1,043.0 1,162.8 Total CFR 1,577.6 1,721.4 1,984.7 2,195.5 2,378.9 2,569.7 Movement in CFR 193.1 143.8 263.3 210.8 183.4 190.8 Table 8 - CFR Projections 2024/25 to 2029/30 2024/25 Outturn £m 2025/26 Forecast £m 2026/27 Forecast £m 2027/28 Forecast £m 2028/29 Forecast £m 2029/30 Forecast £m CFR : Borrowing : General Services 58.2 84.2 109.9 91.5 102.7 91.8 CFR : Borrowing : HRA 74.2 85.4 183.2 152.4 120.5 142.3 Credit Arrangements 98.7 14.4 15.5 16.1 15.0 15.4 Scheduled Loan Debt Amortisation (24.0) (26.4) (29.1) (32.5) (36.8) (41.2) Leasing Amortisation (0.9) (0.9) (0.8) (0.8) (0.8) (0.5) Education PPP Amortisation (13.1) (12.9) (15.4) (15.8) (17.3) (17.0) Movement in CFR 193.1 143.8 263.3 210.8 183.4 190.8 Table 9 - Movements in CFR 2024/25 to 2029/30 2024/25 Outturn £m 2025/26 Forecast £m 2026/27 Forecast £m 2027/28 Forecast £m 2028/29 Forecast £m 2029/30 Forecast £m Gross Borrowing : Loan Debt 1,002.1 1,186.8 1,467.2 1,736.9 1,941.3 2,128.1 Long Term Liabilities 293.4 294.0 293.2 292.7 289.6 287.5 Gross Debt 1,295.5 1,480.7 1,760.4 2,029.6 2,230.9 2,415.7 Capital Financing Requirement 1,577.6 1,721.4 1,984.7 2,195.5 2,378.9 2,569.6 Prudential Margin 282.1 240.6 224.3 166.0 148.0 154.0 Gross Debt =< Future 3 Year CFR Yes Yes Yes Yes Yes Yes Table 10 - Prudential Margins 2024/25 to 2029/30 Page 145 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 8.4 Prudential Indicator: Liability Benchmark 8.4.1 The Treasury Management Code states that organisations should evaluate the amount, timing and maturities needed for new borrowing in relation to planned borrowing needs, for example using a liability benchmark, in order to avoid borrowing too much, too little, too long or too short. The liability benchmark is an important tool to help establish whether the Council is likely to be a long-term borrower or long-term investor in the future, and so shapes its strategic focus and decision making. Essentially this benchmark identifies the projection of external debt/ borrowing required over the long term to fund approved revenue & capital budgets, while keeping treasury investments at the minimum level required to manage day-to-day cash flow. 8.4.2 This represents the comparison of the Council’s actual borrowing against an alternative strategy. A liability benchmark has been calculated showing the lowest risk level of borrowing. This utilises the forecasts for Capital Financing Requirement, long-term liabilities, current external borrowing, balance sheet resources i.e. reserves, and that cash and investment balances are kept to a minimum of £30.0m at each year-end to maintain sufficient liquidity but minimise credit risk. 8.4.3 This is shown in the chart below together with the maturity profile of the Council’s existing borrowing; 31/3/24 Actual £m 31/3/25 Forecast £m 31/3/26 Forecast £m 31/3/27 Forecast £m 31/3/28 Forecast £m 31/3/29 Forecast £m 31/3/30 Forecast £m Loans CFR 1,175.8 1,284.2 1,427.4 1,691.5 1,902.8 2,089.3 2,282.1 less Balance Sheet Resources (369.5) (372.6) (330.8) (313.9) (254.8) (242.5) (250.4) Net Loans Requirement 806.3 911.7 1,096.7 1,377.6 1,648.0 1,846.8 2,031.7 plus: Liquidity Allowance 30.0 30.0 30.0 30.0 30.0 30.0 30.0 Liability Benchmark 836.3 941.7 1,126.7 1,407.6 1,678.0 1,876.8 2,061.7 Existing Borrowing 866.9 872.1 628.7 577.6 533.2 493.0 453.4 New Borrowing Required 0.0 69.6 497.9 830.1 1,144.8 1,383.8 1,608.4 0 500 1,000 1,500 2,000 2,500 2024 2026 2028 2030 2032 2034 2036 2038 2040 2042 2044 2046 2048 2050 2052 2054 £m Liability Benchmark - North Lanarkshire Fixed rate loans LOBO loans Loans CFR Liability benchmark Net loans requirementPage 146 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 8.4.4 The Loans CFR line (solid light blue) represents the total cost of the capital expenditure plans based on the estimated profile of the Strategic Capital Investment Programme 2025/2026 to 2028/2029. This reduces over time as scheduled principal repayments are made to the loans fund. The Net Loans Requirement line (dotted red) represents the minimum external borrowing required to fund the current capital expenditure plans assuming all cash reserves and balances are utilised to offset borrowing requirements. The Liability Benchmark line (solid red) represents the estimated borrowing required, taken account of liquidity allowance required of £30.0m to be held to maintain liquidity and to manage day-to-day cashflows. 8.4.5 The solid grey section shows the maturity profile of current borrowing. The gap between the grey section and the liability benchmark line represents the estimated additional borrowing that is forecast will be required to fund the current capital expenditure plans, via long-term and short- term borrowing options. 8.5 Prudential Indicator: The Authorised Limit for External Debt. 8.5.1 This represents the maximum limit beyond which borrowing is prohibited. Although this limit is deemed to be affordable in the short-term, it is not desirable or a sustainable level of borrowing for the council and is therefore being set at a level as the maximum allowable in each of the years 2025/2026 through to 2029/2030. The initial level set for 2024/2025 is shown for comparison. The Local Authority (Capital Finance and Accounting) (Scotland) Regulations 2016 provide a statutory backing to the Prudential Code requirement for an authority to set an authorised limit for external debt. 8.6 Prudential Indicator: The Operational Boundary for External Debt. 8.6.1 This indicator is based on the expected maximum external debt during the course of the year; it is not a limit. This operational boundary allows flexibility to borrow, re-invest and undertake debt restructuring during the course of the year. It is therefore possible and acceptable, for actual borrowing to vary around this boundary for short periods during the year. 8.7 Prudential Indicators: Affordability 8.7.1 The previous sections cover the treasury management and overall capital and control of borrowing prudential indicators, but within this framework, prudential indicators are required to assess the affordability of the capital investment plans. These provide an indication of the impact of the capital investment plans on the overall Council finances. The Council is asked to approve the following affordability indicator. 8.8 Prudential Indicator: The Proportion of Financing Costs to Net Revenue Stream. 8.8.1 Since capital expenditure impacts on the revenue budget through financing charges, the Council needs to ensure that financing costs not only remain affordable, but also do not constitute an excessive proportion of the revenue resources available. The proportion of capital financing costs Authorised Limit 2024/25 Initial Limit £m 2025/26 Estimated £m 2026/27 Estimated £m 2027/28 Estimated £m 2028/29 Estimated £m 2029/30 Estimated £m Gross Borrowing : Loan Debt 1,270.0 1,505.0 1,770.0 2,005.0 2,204.0 2,320.0 Long Term Liabilities 325.0 325.0 325.0 325.0 320.0 320.0 Total External Debt 1,595.0 1,830.0 2,095.0 2,330.0 2,524.0 2,640.0 Table 11 - Authorised Limit 2024/25 to 2029/30 Operational Boundary 2024/25 Initial Limit £m 2025/26 Estimated £m 2026/27 Estimated £m 2027/28 Estimated £m 2028/29 Estimated £m 2029/30 Estimated £m Gross Borrowing : Loan Debt 1,220.0 1,455.0 1,720.0 1,955.0 2,154.0 2,270.0 Long Term Liabilities 325.0 325.0 325.0 325.0 320.0 320.0 Total External Debt 1,545.0 1,780.0 2,045.0 2,280.0 2,474.0 2,590.0 Table 12 - Operational Boundary 2024/25 to 2029/30 Page 147 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 to revenue forecasts for the next 3 years are illustrated in Table 13 below showing that the General Services loan charges represent up to 8.49% of the total revenue budget available. The increase in the proportion still remains within prudent levels demonstrating that the capital programme investment appears to be affordable and sustainable. 8.8.2 In noting the percentage on loan charges within the HRA budget, a major element of revenue costs in the Housing Account is the funding support to sustain the substantial investment programme; the other main elements of expenditure being repair costs and management costs. The level of loan charges is acceptable and deemed prudent and affordable within the framework of the Council’s 30-year Housing investment plan. 8.8.3 The scheduled loan debt, education PPP amortisation and credit arrangement figures presented within Table 9 above are based on the estimated profile of the Strategic Capital Investment Programme 2025/2026 to 2028/2029, and implementation of the changes to accounting for service concessions as a result of Scottish Government fiscal flexibilities options applied in 2023/2024 and IFRS16 Leases in 2024/2025. 8.9 Prudential Indicator: Affordability – Sensitivity Analysis 8.9.1 For the Prudential Indicators relating to affordability, the table within Annex E provides a summary of the sensitivity of the most likely outcomes outlined within the preceding paragraphs provided above to the following movements, all assessed independently of each other: (i) a plus or minus 10% change in the capital financing requirement i.e. the level of borrowing undertaken to retain average investment balances and under borrowing position at prudent levels. (ii) a plus or minus 50 bps change in the interest rates achievable for new long-term borrowing i.e. ½ percent movement (iii) a plus or minus 10% change in the net revenue stream used to calculate the proportion of financing costs to net revenue stream. 2025/26 Estimated £m 2026/27 Estimated £m 2027/28 Estimated £m 2028/29 Estimated £m 2029/30 Estimated £m Total General Fund (GF) Loan Charges 46.6 53.7 61.9 68.8 76.7 Total General Fund Finance Lease / PPP Costs 15.3 15.1 14.9 14.6 14.1 Total General Fund : Capital Financing Costs 61.9 68.8 76.7 83.5 90.7 General Fund : Net Revenue Stream 1,068.8 1,068.8 1,068.8 1,068.8 1,068.8 5.79% 6.44% 7.18% 7.81% 8.49% 43.3 49.9 61.2 71.9 80.9 0.3 0.3 0.3 0.3 0.0 Total HRA : Capital Financing Costs 43.6 50.2 61.6 72.2 80.9 HRA : Net Revenue Stream 171.9 175.3 188.6 201.6 209.2 25.39% 28.64% 32.65% 35.78% 38.69% Table 13 - Proportion of Financing Costs to Net Revenue Stream 2025/26 to 2029/30 Proportion of Financing Costs to Net Revenue Stream GF - Proportion of Financing Costs to Net Revenue Stream HRA - Proportion of Financing Costs to Net Revenue Stream Total Housing Reveue Account (HRA) Loan Charges Total Housing Reveue Account Finance Lease Costs Page 148 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 9.0 Policy on Repayment of Loans Fund Advances 2025/2026 9.1 The Local Authority (Capital Finance and Accounting) (Scotland) Regulations 2016 (as amended in 2024) within Regulation 13 require the Council to make a loans fund advance equal to the amount of capital expenditure that the Council has determined will be financed by borrowing. The Capital Expenditure definition being that adopted by proper accounting practice, the statutory control framework and the Prudential Code. 9.2 Loans fund advances also incorporate grants to third parties on third party assets and loans to third parties where the other party meets the criteria laid out within Part 3 of the Regulations e.g. other local authorities or joint boards. 9.3 Accounting for loans fund advances also changed from 1st April 2016. Prudent repayment of loans fund advances are required to be made in line with Scottish Government Statutory Guidance on Loans Fund Accounting (Circular 7/16). 9.4 The broad aim of prudent repayment is to ensure that the Authority’s unfinanced capital expenditure is financed over a period of years which that expenditure is expected to provide a benefit, and that each year's repayment amount is reasonably commensurate with the period and pattern of the benefits. Where a loans fund advance is made for an asset, that period will be the asset’s useful life. Where an asset life cannot reasonably be established, the repayment period will not exceed 50 years. 9.5 The statutory guidance requires the Council to approve a policy on loans fund repayments each year and it is proposed the Council adopts the following options for calculating prudent repayments in 2025/26. 9.6 For pre-existing Loans Fund advances made up to 31st March 2016 and for the most part capital expenditure plans for the period up to and including the 31 March 2021, the Council continued to use Option 1: Statutory Method. This approach taking into account the 5-year transitional period from 31/3/2016 to 31/3/2021 available within the new guidance, during which the current methodology may continue to be selected. The repayment of Loans Fund advances therefore being equal to the annual amount determined in accordance with Schedule 3 of the Local Government (Scotland) Act 1975. 9.7 However the Council undertook an initial review of the loans fund advances annuity models in 2021/22 and a review of the initial asset lives adopted and determined it would be prudent to adopt Option 3: Asset Life Method, with the Council applying this option accordingly for 2020/2021. This approach allowed a retrospective review for ‘prudent repayment’ of all historic loans fund advances outstanding at 31 March 2020 with no distinction made between debt held prior to 31 March 2016 and since the prudent repayment methodology was introduced on 1 April 2016. 9.8 Following this initial exercise, a further review was carried out during 2020/2021 in conjunction with Treasury specialists to investigate further adaptations to the repayments policy. Per the report submitted to this Committee on the 26 November 2020 entitled Loans Fund Advance Repayment Policy Review a revised policy was approved. 9.9 This included the application of a fixed average life to all loans fund advances, and changes to the annuity rate adopted to calculate loans fund advance repayments, including the retrospective adjustment to the period over which historic loans fund advance repayments can be made and applying this approach to future loans fund advances going forward. The repayment periods and annuity rate can be updated in future years, if deemed prudent to do so, to reflect the changing nature and durability of assets financed by loans fund advances linked to Treasury Management strategy. 9.10 The revised Policy resulted in a revised loans fund advance repayment profile, the Council adopting the flexibility within the policy and will consider alternative approaches including reprofiling back to initial advance date. A prudent approach specific to the Council’s financial position will be adopted including an assessment of the whole life impact both in nominal and NPV terms of this proposal. 9.11 Alternatively if it is determined that it may be prudent to recognise grant funding or other income streams when determining both the period of the repayment and/or the annual repayment of any Page 149 of 172
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Appendix 1 Treasury Management Strategy 2025/2026, Treasury Management Indicators and Prudential Indicators 2025/2026 to 2028/2029 loans fund advance, Option 4 Funding/Income profile method will be selected. Some examples of where this income approach may be considered prudent would include the deferred UK and Scottish Government grant support for the City Deal. Therefore, for capital expenditure incurred for specified projects where it is reasonable to link an income /funding stream, the annual repayment of Loans Fund advances may be profiled to reflect the income/funding stream. The Council will keep the income streams under review to ensure the provision for repayment remains prudent and, if required, address any shortfall. 9.12 The Statutory Guidance, allows a further option referred to as Option 2: the Depreciation method within the guidance and after due consideration the Council did not adopt this in 2021/2022. 9.13 The Council made use of the permitted short-term financial flexibility to defer Loans Fund repayments in 2022/23 which has resulted in higher repayments in the following 20 years. 9.14 In accordance with the Statutory Guidance, the Council has outlined within Annex F its commitments in respect of loans fund advance repayments, however these are based on the estimated profile of the Strategic Capital Investment Programme 2025/2026 to 2028/2029 and the implementation of approved loans funds advance repayment policy and service concessions arrangements. Material changes to these estimates/forecasts will be reported during the quarterly Treasury Management Monitoring Process. 9.15 In accordance with the statutory guidance the HRA Loans Fund advances and associated annual repayments have been identified separately from that of the General Fund. 9.16 Loans Fund advances are not made for credit arrangements such as leases and service concession (PFI/PPP) arrangements, but a statutory charge to revenue similar to a Loans Fund repayment is made to repay the associated debt. Except where flexible arrangements have previously been approved, the charge will be equal to the contractual unitary payment due for the financial year after deducting (a) those amounts which have been already charged to revenue such as interest and (b) actual or prepaid lifecycle replacement costs. Page 150 of 172
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Annex A Treasury Management Policy Statement & Clauses adopted The Treasury Management Policy Statement adopted by North Lanarkshire Council: 1. The Council defines its Treasury Management activities as: “The management of the organisation’s borrowing investments and cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks.” 2. The Council regards the successful identification, monitoring and control of risk to be the prime criteria by which the effectiveness of its treasury management activities will be measured. Accordingly, the analysis and reporting of treasury management activities will focus on their risk implications for the Council and any financial instruments entered into to manage these risks. 3. The Council acknowledges that effective treasury management will provide support towards the achievement of its business and service objectives. It is therefore committed to the principles of achieving value for money in treasury management, and to employing suitable comprehensive performance measurement techniques, within the context of effective risk management. 4. The Council adopts a high-level approach to setting policies for borrowing and investment activity having in place an appropriate scheme of delegation and ensuring all staff employed in Treasury Management have the suitable skills and resources to carry out delegated treasury management activities effectively, efficiently and achieving value for money. CIPFA Treasury Management code clauses formally adopted by North Lanarkshire Council: 1. This Council will create and maintain, as the cornerstones for effective treasury management: • A treasury management policy statement, stating the policies, objectives and approach to risk management of its treasury management activities; • Suitable treasury management practices (TMPs), setting out the manner in which the Council will seek to achieve those policies and objectives, and prescribing how it will manage and control those activities. 2. The Council will receive reports on its treasury management policies, practices and activities, including as a minimum, an annual strategy and plan in advance of the year, a mid-year review and an annual report after its close, in the form prescribed in its TMPs. 3. The Council delegates responsibility for the development of the Treasury Management Strategy and implementation and monitoring of its treasury management policies and practices to the Finance and Resources Committee and for the execution and administration of treasury management decisions to the Chief Officer (Finance), who will act in accordance with the Council's Treasury Policy statement and TMPs and CIPFA's Standard of Professional Practice on Treasury Management. 4. The Audit and Scrutiny Panel will be responsible for ensuring effective scrutiny of the Treasury Management Strategy and policies as part of its work on reviewing the internal financial controls of the Council. 5. In accordance with The Local Government Investments (Scotland) Regulations 2010, the Council is responsible for the approval of the Annual Investment Strategy and Annual Investment Report. Page 151 of 172
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Annex B Explanation of Long-Term Rating Definitions Type of Rating Rating Explanation Fitch – long-term AAA Indicates exceptionally strong capacity for timely payment of financial commitments and this capacity is highly unlikely to be adversely affected by foreseeable events. AA- Indicates very strong capacity for timely payment of financial commitments and this capacity is not significantly vulnerable to foreseeable events. A- Indicates strong capacity for timely payment of financial commitments. This capacity may, nevertheless, be more vulnerable to changes in circumstances or in economic conditions than is the case for higher ratings. BBB Indicates an adequate capacity for timely payment of financial commitments but adverse business or economic conditions more likely to impair this capacity. Moody’s – long-term Aaa Offer excellent credit quality, with susceptibility to long-term risks that are mostly unlikely to materially impair the banks strong position. Aa Offer excellent credit quality, with susceptibility to long-term risks with a vulnerability to greater fluctuations within protective elements. A Offer excellent credit quality, but elements suggest a susceptibility to impairment over the long-term. Baa Rated as medium grade, with some speculative elements and moderate credit risk. Standard & Poor’s - long-term AAA Indicates extremely strong capacity for timely payment of financial commitments AA- Indicates very strong capacity for timely payment of financial commitments A- Indicates strong capacity for timely payment of financial commitments This capacity may, nevertheless, be more susceptible to the adverse effects of changes in circumstances or in economic conditions than is the case for higher rated category. BBB Indicates an adequate capacity for timely payment of financial commitments but adverse business or economic conditions more likely to impair this capacity. Page 152 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits a. Deposits with the Debt Management Account Facility (UK Government). Deposit with the UK Government and as such credit/counterparty and liquidity risk is very low, and there is no market risk to the principal sum. Little mitigating controls required as this is a UK Government investment. The monetary limit is unlimited to allow for a safe haven for investments. The sovereign rating is monitored with the impact of any changes to this sovereign rating evaluated and removal of the investment from the permitted list if necessary. Long-term rating n/a No limit O/night b. Deposits with other local authorities or public bodies Quasi UK Government debt and as such credit/counterparty risk is very low, and there is no market risk to principal sum. Liquidity may present a problem as deposits can only be broken with the agreement of the counterparty, and penalties can apply. Little mitigating controls required for local authority deposits, as this is a quasi-UK Government investment. The sovereign rating is monitored with the impact of any changes to this sovereign rating evaluated and removal of the investment from the permitted list if necessary. Long-term rating n/a £20m Up to a max period of 3 years c. Instant Access Accounts These tend to be low risk investments but will exhibit higher risks than categories (a) and (b) above. These investments are subject to risk of loss via bail-in should the regulator determine that the bank is failing or likely to fail. Lending will be restricted to those counterparties meeting the credit rating criteria with the selection defaulting to the lowest available credit rating to provide additional risk control measures. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Long-term rating Above or equal to A- or equivalent £20m Daily access if required BBB or equivalent £10m Page 153 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits d. Call Accounts These tend to be low risk investments but will exhibit higher risks than categories (a) to (c) above. With this type of investment liquidity can be low or high, determined by the call account facility adopted e.g. 35 days. Call deposits can only be broken with the agreement of the counterparty, and penalties may apply. These investments are subject to risk of loss via bail-in should the regulator determine that the bank is failing or likely to fail. Lending will be restricted to those counterparties meeting the credit rating criteria with the selection defaulting to the lowest available credit rating to provide additional risk control measures. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Long-term rating Above or equal to A- or equivalent £20m up to a max of 364 days BBB or equivalent £10m up to a max of 30 days. e. Term Deposits These tend to be low risk investments but will exhibit higher risks than categories (a) to (d) above. With this type of investment, liquidity is low, and term deposits can only be broken with the agreement of the counterparty, and penalties may apply. These investments are subject to risk of loss via bail-in should the regulator determine that the bank is failing or likely to fail. Lending will be restricted to those counterparties meeting the credit rating criteria with the selection defaulting to the lowest available credit rating to provide additional risk control measures. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Long-term rating Above or equal to A- or equivalent £20m up to a max of 364 days. BBB or equivalent £10m up to a max of 30 days. Page 154 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits f. Money Market Funds (MMFs) The Council is no longer guaranteed preservation of capital i.e. for every £1 of principal invested the fund will no longer guarantee a return £1 of principal on withdrawal. However the day to day operation of LVNAV funds is very similar and has many of the attractive features of the former Constant Net Asset Value (CNAV) fund and the probability of the price changing and loss of capital, within the boundaries set for price changes i.e. “the collar”, is widely regarded as de minimis. Two types of funds are available to the Council • a Public Debt CNAV (assets invested in government debt); and • a ‘Low Volatility NAV’ (LVNAV) The Council will not use Variable NAV Funds. Assessment of credit worthiness will be underpinned by additional market intelligence including credit default swaps, sovereign support and share price data and information regularly received from the Council’s Treasury Advisors Arlingclose Ltd. Long-term rating n/a £10m per MMF fund up to a max of £40m in total or 0.5% of fund size. Daily access if required g. Instant Access Funds held with Council’s own bankers These tend to be low risk investments but will exhibit higher risks than categories (a), (b) and (c) above. These investments are subject to risk of loss via bail-in should the regulator determine that the bank is failing or likely to fail. If the council’s own bankers fail to meet the credit rating criteria per c) above, for operational purposes limited funds may be held within this account but the Council will ensure funds kept at the lowest levels manageable Long-term rating n/a n/a Overnight basis only Page 155 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits h. Government Gilts and Treasury Bills These are marketable securities issued by the UK Government and as such counterparty and liquidity risk is very low, although there is potential risk to the market value arising from an adverse movement in interest rates (no loss if these are held to maturity). Little mitigating controls required as this is a UK Government investment. The monetary limit is unlimited to allow for a safe haven for investments. Any changes to the sovereign rating is evaluated and the removal of this type of investment from the permitted list if necessary. Assessment of credit worthiness will be further strengthened by additional market intelligence including credit default swaps, sovereign support and share price data. Cashflow management tools will endeavour to ensure that this type of investment is held until maturity to limit market risk. Long-term rating n/a No limit Up to a max period of 5 years i. Supranational Bonds These are bonds issued by institutions such as the European Investment Bank (EIB) and the World Bank as such counterparty and liquidity risk is very low, although there is potential market risk to principal amount arising from an adverse movement in interest rates (no loss if these are held to maturity). Lending restricted to those meeting credit rating criteria. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Cashflow management tools will endeavour to ensure that this type of investment is held until maturity to limit market risk Long-term rating A- or equivalent £20m max period of 5 years. Page 156 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits j. Certificates of deposits with financial institutions These are short dated marketable securities issued by financial institutions and as such counterparty risk is low but will exhibit higher risks than categories (a) to (h) above. There is risk to value of capital loss arising from selling ahead of maturity if combined with an adverse movement in interest rates. Liquidity risk will normally be low. Lending will be restricted to those counterparties meeting the credit rating criteria with the selection defaulting to the lowest available credit rating to provide additional risk control measures. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Long-term rating A- or equivalent £20m Up to a max period of 364 days. k. Covered Bonds These are bonds issued by financial institutions and guaranteed by a group company that holds mortgage assets. There is risk of capital loss arising from selling ahead of maturity if combined with an adverse movement in interest rates. Liquidity risk will normally be low as highly liquid market. These investments are exempt from the bail-in provisions should the regulator determine that the bank is failing or likely to fail. These investments are secured on the borrower’s assets up to a value of 125% of the principal amount which limits the potential losses in the event of default. Process in place to monitor the value of the cover arrangements throughout the bond term. i.e. value of assets providing security Bonds will be restricted to those meeting credit rating criteria. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Cashflow management tools will endeavour to ensure that this type of investment is held until maturity to limit market risk. Long-term rating A- or equivalent (Criteria required for the covered bond.) £20m Up to 5 years. BBB or equivalent (Criteria required for the covered bond.) £10m Up to 6 months. Page 157 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits l. Reverse repurchase agreements and other collateralised arrangements These are bonds issued by financial institutions with collateral provided by the lender to the Council by transferring the custody and title to bonds or other investment securities valued at a price above par e.g. 105% of the principal amount. There is risk of capital loss arising from selling ahead of maturity if combined with an adverse movement in interest rates. Liquidity risk will normally be low as highly liquid market. These investments are exempt from the bail-in provisions should the regulator determine that the bank is failing or likely to fail. These investments are secured by the borrower giving the Council custody and title to marketable securities valued above par that will be retained in the event of default Process in place to monitor the value of the collateral in place throughout the bond term to ensure adequate cover. Collateral arrangements will be restricted to those meeting credit rating criteria. Assessment of credit worthiness will be further strengthened by the use of additional market intelligence including credit default swaps, sovereign support and share price data. Cashflow management tools will endeavour to ensure that this type of investment is held until maturity to limit market risk Long-term rating A- or equivalent (Criteria required for collateral arrangement) £20m Up to 5 years. BBB or equivalent (Criteria required for the collateral) £10m Up to 6 months. Page 158 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits m. Investment properties These are non-service properties which are being held pending disposal or for a longer-term rental income stream. These are highly illiquid assets with high risk to value (the potential for property prices to fall or for rental voids). Funding for this type of investment must be met from revenue & balances as borrowing to on-lend for this purpose is prohibited per Scottish Government Investment guidance. In larger investment portfolios some small allocation of property- based investment may counterbalance or compliment the wider cash portfolio. Property holding will be re-valued regularly and reported annually with gross and net rental streams. Strategy/Policy driven subject to scrutiny by Chief Officer (Finance). n/a Policy Driven Policy Driven, n. Loans to third parties including soft loans These are service investments either at market rates of interest or below market rates (soft loans). These types of investments may exhibit credit risk and are likely to be highly illiquid. Funding for this type of investment must be met from revenue & balances as borrowing to on-lend for this purpose is prohibited per Scottish Government Investment guidance. Prior to awarding loans to a third party the Service Strategy/Policy decision to award this type of loan/loans must be subject to scrutiny and approval by the Chief Officer (Finance). Full detail of the service rationale behind awarding the loan and the likelihood of partial or full default must be assessed. n/a Policy Driven Policy Driven, o. Loans to a local authority company These are service investments either at market rates of interest or below market rates (soft loans). These types of investments may exhibit credit risk and are likely to be highly illiquid. Funding for this type of investment must be met from revenue & balances as borrowing to on-lend for this purpose is prohibited per Scottish Government Investment guidance. Prior to awarding loans to a local authority company, the Service Strategy/Policy decision to award this type of loan/loans must be subject to scrutiny and approval by the Chief Officer (Finance). Full detail of the service rationale behind awarding the loan and the likelihood of partial or full default must be assessed. n/a Policy Driven Policy Driven, Page 159 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits p. Shareholdings in a local authority company These are service investments which may exhibit market risk and are likely to be highly illiquid. Funding for this type of investment must be met from revenue & balances as borrowing to on-lend for this purpose is prohibited per Scottish Government Investment guidance. Each equity investment in a local authority company requires member approval and each application will be supported by the service rationale behind the investment and the likelihood of loss. Service Strategy/Policy driven subject to scrutiny by Chief Officer (Finance). n/a Policy Driven Policy Driven q. Non-local authority shareholdings These are non-service investments which may exhibit market risk, be only considered for longer term investments and will be likely to be liquid. Funding for this type of investment must be met from revenue & balances as borrowing to on-lend for this purpose is prohibited per Scottish Government Investment guidance. Any non-service equity investment will require separate Member approval, and each application will be supported by the service rationale behind the investment and the likelihood of loss. Service Strategy/Policy driven subject to scrutiny by Chief Officer (Finance) n/a Policy Driven Policy Driven Page 160 of 172
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Annex C Permitted Investments, Associated Controls, Credit Rating, Money and Time Limits Type of Investment Treasury Management Risks Mitigating Controls Credit Rating Money Limits Time Limits r. Subordinated debt in projects delivered via ‘Hubco/DBFM’ model The ‘Hubco/DBFM’ delivery model fails to meet its’ contractual obligations resulting in failure to repay the principal sum invested. The cash forming part of the Council’s reserves and balances is required during the term of the investment as the type of investment is highly illiquid. Fluctuations in the levels of interest rates create an unexpected or unbudgeted burden on the Council’s finances against which the Council has failed to protect itself adequately. The Council must assess the merits of each individual subordinated debt investment opportunity via the ‘Hubco/DBFM’ model prior to investing, carrying out a full risk/benefit analysis. Employ efficient cashflow management and forecasting tools including annual balance sheet analysis. Set a cap on the level of long- term investments of this nature i.e. to avoid cash reserves being fully extinguished resulting in future non-compliance with ‘borrowing to on lend’ restrictions. Implement Long term Financial Plans which are robust including the setting of contingencies and cash backed reserves at levels to leave prudent headroom to cater for long term cash commitments. Where possible consider selling subordinated debt to a secondary market provider. For investments in subordinated debt for projects delivered via the ‘Hubco’ model the rate of return is fixed over the term of the investment and in normal circumstances will not vary. n/a £1.5m per project Up to 30 years Page 161 of 172
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Annex D Interest Rate Forecast March 2025 until December 2027 (Source: Arlingclose Ltd December 2024) *Official Bank rate: (also called the Bank of England base rate or BOEBR) is the interest rate that the Bank of England charges Banks for secured overnight lending. **MM: the short term readily available from banks and building societies and similar financial organisations ***PWLB: Public Works Loan Board Central Forecast March June Sept Dec March June Sept Dec March June Sept Dec Official Bank Rate* 4.50% 4.25% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3.75% 3-mth MM Rate** 4.60% 4.35% 4.10% 3.90% 3.85% 3.85% 3.85% 3.85% 3.85% 3.85% 3.85% 3.85% 1-yr LIBID 5-yr PWLB*** 5.10% 5.00% 4.90% 4.80% 4.70% 4.70% 4.75% 4.80% 4.85% 4.85% 4.85% 4.85% 10-yr PWLB 5.35% 5.25% 5.10% 5.00% 5.00% 5.00% 5.00% 5.05% 5.05% 5.05% 5.05% 5.05% 20-yr PWLB 5.80% 5.70% 5.60% 5.50% 5.45% 5.45% 5.45% 5.45% 5.45% 5.45% 5.45% 5.45% 50-yr PWLB 5.50% 5.40% 5.30% 5.20% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 5.15% 2025 2026 2027 Page 162 of 172
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Annex E SENSITIVITY ANALYSIS OF PRUDENTIAL INDICATORS: AFFORDABILITY 2025/26 to 2029/30 The Tables below highlights the impact of (i) a plus or minus 10% change in the capital financing requirement i.e the level of borrowing undertaken to retain average investment balances and under borrowing at prudent levels Prudential Indicators : Affordability CFR Movement 25/26 26/27 27/28 28/29 29/30 £m £m £m £m £m Total Composite Capital Financing Costs +10% 62.19 69.84 78.37 85.63 93.59 No Change 61.92 68.84 76.75 83.46 90.74 -10% 61.64 67.83 75.11 81.27 87.88 Total HRA Capital Financing Costs +10% 43.85 51.13 63.65 75.26 84.90 No Change 43.64 50.21 61.56 72.15 80.93 -10% 43.42 49.28 59.48 69.05 76.96 General Fund : Ratio of financing costs to net revenue stream +10% 5.82% 6.53% 7.33% 8.01% 8.76% No Change 5.79% 6.44% 7.18% 7.81% 8.49% -10% 5.77% 6.35% 7.03% 7.60% 8.22% HRA : Ratio of financing costs to net revenue stream +10% 25.52% 29.17% 33.75% 37.32% 40.59% No Change 25.39% 28.64% 32.65% 35.78% 38.69% -10% 25.27% 28.11% 31.54% 34.24% 36.80% Page 163 of 172
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Annex E SENSITIVITY ANALYSIS OF PRUDENTIAL INDICATORS: AFFORDABILITY 2025/26 to 2029/30 (ii) a plus or minus 50bps change in the interest rates achievable for new long-term borrowing i.e. 1/2 per cent movement Prudential Indicators : Affordability Interest Rate Movement 25/26 26/27 27/28 28/29 29/30 £m £m £m £m £m Total Composite Capital Financing Costs +50bps 62.46 70.48 79.11 86.41 94.23 No Change 61.92 68.84 76.75 83.46 90.74 -50bps 61.37 67.20 74.38 80.51 87.27 Total HRA Capital Financing Costs +50bps 44.07 51.52 63.66 74.94 84.28 No Change 43.64 50.21 61.56 72.15 80.93 -50bps 43.21 48.89 59.47 69.37 77.60 General Fund : Ratio of financing costs to net revenue stream +50bps 5.84% 6.59% 7.40% 8.08% 8.82% No Change 5.79% 6.44% 7.18% 7.81% 8.49% -50bps 5.74% 6.29% 6.96% 7.53% 8.16% HRA : Ratio of financing costs to net revenue stream +50bps 25.64% 29.39% 33.76% 37.17% 40.29% No Change 25.39% 28.64% 32.65% 35.78% 38.69% -50bps 25.14% 27.89% 31.54% 34.40% 37.10% Page 164 of 172
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Annex E SENSITIVITY ANALYSIS OF PRUDENTIAL INDICATORS: AFFORDABILITY 2025/26 to 2029/30 (iii) Prudential Indicators : Affordability Movement in Net Revenue Steam 25/26 26/27 27/28 28/29 29/30 General Fund : Ratio of financing costs to net revenue stream +10% 5.27% 5.85% 6.53% 7.10% 7.72% No Change 5.79% 6.44% 7.18% 7.81% 8.49% -10% 6.44% 7.16% 7.98% 8.68% 9.43% HRA : Ratio of financing costs to net revenue stream +10% 23.08% 26.03% 29.68% 32.53% 35.17% No Change 25.39% 28.64% 32.65% 35.78% 38.69% -10% 28.21% 31.82% 36.27% 39.76% 42.99% a plus or minus 10% change in the net revenue stream used to calculate the proportion of financing costs to net revenue stream Page 165 of 172
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Annex F LOANS FUND REPAYMENT SCHEDULE Loans Fund Repayments Schedules Composite Estimated Loans Fund Pool Open Balance HRA Estimated Loans Fund Pool Open Balance Total £m £m £m Estimated Loans Fund Pool Open Balance 715.7 568.6 1,284.2 Estimated New Advances 25/26 84.2 85.4 169.6 Estimated New Advances 26/27 109.9 183.2 293.1 Estimated New Advances 27/28 91.5 152.4 243.9 Estimated New Advances 28/29 102.7 120.5 223.2 Estimated New Advances 29/30 91.7 142.3 234.0 Total Debt Repayments Due 1,195.7 1,252.4 2,448.0 Scheduled Debt Amortisation Composite HRA Total £m £m £m Within 1 year (12.2) (14.2) (26.4) Within 2 to 5 years (64.1) (75.4) (139.5) within 5 to 10 years (115.2) (139.9) (255.1) within 10 to 15 years (146.4) (174.8) (321.2) within 15 to 20 years (177.2) (178.6) (355.8) within 20 to 25 years (190.7) (193.6) (384.4) within 25 to 30 years (165.7) (207.8) (373.5) within 30 to 35 years (158.8) (171.0) (329.7) within 35 to 40 years (117.0) (70.3) (187.4) within 40 to 45 years (48.2) (26.7) (75.0) within 45 to 50 years 0.0 0.0 0.0 within 50 to 55 years 0.0 0.0 0.0 within 55 to 60 years 0.0 0.0 0.0 (1,195.7) (1,252.4) (2,448.0) Page 166 of 172
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Committee Item and Title Question Responsible Officer Answer Communities 5 - Community Safety Strategy 2025-2030 On Page 107 – SLA’s with RSL’s in terms of CCTV – do they make payments to the council. (Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Graeme Good has confirmed that there is a protocol in place with RSL’s, but that no monies are received by the Council. The cameras are public space cameras in areas across North Lanarkshire and intended to keep people safe and detect crime and disorder. Communities 5 - Community Safety Strategy 2025-2030 Page 113 – High Levels of ASB in Motherwell, why and what can be done to average the level in relation to other areas in NL. (Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Jim McLuskey reported that he has reviewed the graph that shows an increase in ASB contact by locality. The local partnership groups are carrying out a lot of work to encourage groups of all backgrounds to have the confidence to report incidents to public services and his first thoughts are that this may be the reason for the increase. He qualified this by saying that he has been in post for over a year now and he is not noticing any specific trends across the area that is causing any ongoing concern. He has noticed some positive community links being made in the group. He has also had positive feedback from the Motherwell Town Centre Occupancy rates, sales and increase in footfall all due to excellent partnership work being carried out. Jim understands that these reports often come in cycles and the partnership teams will ensure that they continue to be proactive in their approached and tackle any highlighted issues. The Police have several divisional and national resources and if the group feels that these levels are high, as stated, he will ensure that he calls upon these services as he has done in the past, from public order patrols, plain clothes officers, mounted units and Community Safety department to tackle both the active and the educational side ASB can cause. As always if Cllr Nolan feels she has any specific issues she would like to highlight, he asked that Cllr Nolan gets in touch, and he will investigate. Communities 5 - Community Safety Strategy 2025-2030 Page 118 – taken aback by figures, on robbery, sexual crime – why is the figures so high? (Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Erica Baillie, Police Scotland reported that the increase in robberies could be due to a theft being an afterthought during an assault and due to the modus operandi, the crime recording is changed from an assault to a theft. Erica understands that detections have also increased persons’ known to each other and the increased capability of NLC public space CCTV assisting detection. Communities 5 - Community Safety Strategy 2025-2030 Page 136 – Programme of Upgrade to CCTV Camera’s and the network, will this result in upgrade camera’s or more camera’s? Are they only used for ASB or used by other services? How many camera’s do we have? (Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Graeme Good reported that the programme will be replacement of existing cameras and infrastructure to ensure we are migrating all old analogue devices to High-Definition IP solutions where possible. These cameras allow for better night-time performance and increased detection potential due to enhanced, clearer images. Public space camera signage states the following use for all CCTV cameras on the network. “CCTV Monitored 24 hours by North Lanarkshire Council for the prevention and detection of crime, anti-social behaviour, environmental incidents and for public health and safety.” The CCTV system can be used and accessed for many reasons and is not limited to use for Anti-social behaviour. Currently across all aspects that his Graeme’s team in the Community Safety Control Room monitor, they have access to 1350 cameras. Communities 5 - Community Safety Strategy 2025-2030 Page 137 – Investing in Infrastructure of roads to improve cycling and walking safety, can she speak to someone in relation to this and Active Travel Routes? (Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Gary Wood will be happy to speak to Cllr Nolan if she contacts him directly about this. Communities 5 - Community Safety Strategy 2025-2030 Page 146 – People feel about safety at night in Motherwell TC, 95% reported feeling unsafe in TC – is anything we can do about this?(Councillor Nolan and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) Audrey Cameron updated that the survey that was undertaken was specifically about women’s safety. The result was the 95% of females who work in the town centre at night feel safe. 2% of those consulted work in the Town Centre and 95% of that figure felt unsafe. Potential action was discussed with the Town Centre Team particularly around car parking in Motherwell. Further clarity was sought from Craig McIntyre who reported that the issue that was highlighted was around lighting within the private car park owned and managed by ESTAMA. Craig spoke to the local representative of ESTAMA in November 2024 and they said that they would review the location and standard of lighting within the car park. Craig will contact them again to ask how they have responded to the original request and will respond further in relation to this. The key thing is that the Council does not own or control what happens in this space, and the Council needs to work in partnership with the owner to achieve a favourable outcome for the community. Cllr Nolan for further clarity around a couple of the points that I am chasing up and I will provide a response directly to Cllr Nolan. Communities 5 - Community Safety Strategy 2025-2030 Can an update be provided to targeted work undertaken with the Scottish Fire and Rescue with children found to be fire raising? (Councillor Burgess and and All of Communities Committee Members) Chief Officer (Strategic Communication & Engagement) This is a national initiative that runs throughout Scotland. North Lanarkshire’s programme is one of 14 across Scotland and runs out of Coatbridge Fire Station. Schools Anti-Social Behaviour Programme In addition to the more formal programmes available the local Lanarkshire Community Action Team (CAT) work with all the high schools across the area in offering anti-social behaviour presentations to all S2 pupils. These are delivered either in individual PHSE lessons or as an assembly in conjunction with the schools timetables. These are built onto the knowledge that the young people would have gained through the bonfire presentations that they received in S1 which also covers the misuse of SFRS resources and consequential behaviours. Lanarkshire CAT team have also recently delivered an exciting new pilot project engaging young people in a practical environment in the school setting with an interactive map and mock scenarios demonstrating the impact of anti-social behaviour on SFRS resources and the wider community. Communities 8 - Active and Creative Communities and Community Facility Usage and Footfall - Q3 24-25 and Q3 23-24 Can further information be provided, clarifying if facilities are in the red in terms of footfall, can reasons be provided such as bookings unavailable to be made due to no caretaker available, closed for refurbishment/repairs etc. (Cllr Barclay All of Communities Committee Members) Chief Officer (Community Operations) The user figures have now been added to the report for Community Facilities and comments on any closures or limitations to bookings going forward will be added for Qtr. 2. Communities 8 - Active and Creative Communities and Community Facility Usage and Footfall - Q3 24-25 and Q3 23-24 Can numbers and reasons be captured for venues which residents are attempting book however booking is unavailable. (Councillor Hughes and All of Communities Committee Members) Chief Officer (Community Operations) Heather Liddle emailed Cllr Hughes for more information. It turned out that it was someone who was attempting to book a gym induction at a time when no gym staff were available, it wasn't a booking (like those captured in the report). COMMITTEE QUESTIONS LOG CYCLE 1 2025 Item 16 Page 167 of 172
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Communities 8 - Active and Creative Communities and Community Facility Usage and Footfall - Q3 24-25 and Q3 23-24 Can an update be provided on support available to Cumbernauld Theatre following removal of substantial grant funding to the group (Councillor B McCulloch and All of Communities Committee Members) Chief Officer (Community Operations) Still ongoing. Heather Liddle and Lyall Rennie are hoping to meet CTT in next couple of weeks. Communities 9 - Active NL: Supporting Health in North Lanarkshire Is there numbers on how many people are participating in activities (Councillor Khan and All of Communities Committee Members) Chief Officer (Community Operations) This question related to groups that are using facilities at times when our services are not operating. We are speaking to groups to ask that they keep records of numbers and can include them if made available. Communities 10 - Motherwell Half Marathon Can a breakdown of which budgets are being utilised for the event funding be provided (Councillor Robinson and All of Communities Committee Members) Chief Officer (Community Operations) Lyall Rennie/Heather Liddle will speak to Finance about this. Communities 10 - Motherwell Half Marathon Can a loss of income to groups/businesses surrounding the event be provided (Councillor Fotheringham and All of Communities Committee Members) Chief Officer (Community Operations) NLC don't provide any compensation to businesses. Enivornment and Climate Change 3 - Garden Waste Permit Scheme Confirmation on the Administration costs for the scheme? (Councillor Robinson) Chief Officer (Community Operations) £320,000 – it should be noted that this also includes costs for potential move of garden waste to residual waste. Enivornment and Climate Change 3 - Garden Waste Permit Scheme Confirm whether the Garden Assistance Programme residents will be required to apply for a garden waste permit? (Councillor Carragher) Chief Officer (Community Operations) if a resident pays for a contractor to maintain their garden, the contractor has a duty of care regarding the waste they generate. Under Section 34 of the Environmental Protection Act 1990, businesses have a legal responsibility for the waste they produce and should dispose of it properly and not leave it for local authority collection unless otherwise agreed. Housing tenants do not need to apply or pay for a garden waste permit one will be delivered to them before 1 June for them to display on their brown bin and will ensure it is collected. Enivornment and Climate Change 3 - Garden Waste Permit Scheme Confirm whether any benchmarking/data on the commercial waste pick up has been completed (Councillor Carragher) Chief Officer (Community Operations) No benchmarking has been carried out on the commercial waste collections. The garden waste permit scheme relates to domestic properties. Enivornment and Climate Change 4 - Public Sector Duties Climate Change Report 2023-2024 Further details on the Native wildlife meadows and the inclusion within the Net Zero Pathway to be circulated to Committee Members. (Councillor McBride) Chief Officer (Community Operations)/Chief Officer (Assets & Procurement) We will continue to deliver projects through Nature Restoration Funding when awarded by Scottish Government, to maximise our use of green and blue spaces in supporting biodiversity and our journey to net zero. At time of writing the net zero pathway is in development however I can confirm it will include actions in support of biodiversity and the utilisation of the nature based assets to become more resilient to the impact of climate change. The Greenspace team has recently been successful in being invited to make a full scale application to the National Lottery Heritage Fund’s new programme ‘Nature Towns and Cities’. The Fund received 274 expressions of interest and only 38 were invited to proceed further. We will make a full application in April with a decision expected in June. If successful, this funding will give us increased resources to involve local communities in developing a strategic pipeline of projects supporting nature across North Lanarkshire. Enivornment and Climate Change 4 - Public Sector Duties Climate Change Report 2023-2024 Confirm whether the investment in Housing stock funded by the Scottish Government will be used to aid existing homeowners investment work? (Councillor McBride) Chief Officer (Assets & Procurement) The council delivers Scottish Government funded Area Based Schemes in areas where there are high levels of fuel poverty. The funding is provided to homeowners and eligible landlords to assist with the costs of energy efficiency measures, such as external wall insulation and photovoltaic (PV) panels. These works improve the thermal efficiency of the properties and assist in meeting the Scottish Government ambition to be Net Zero by 2045. Enivornment and Climate Change 4 - Public Sector Duties Climate Change Report 2023-2024 Confirm whether there is any embedded carbon within the buildings that are being demolished? (Councillor Williams) Chief Officer (Assets & Procurement) It is noted that the question was more whether the embodied carbon would be reported. The Public Bodies reporting does not include the reporting of demolitions nor embodied carbon. We continue to respond to guidance through our reporting and this is reflected in our focus on sources that will have a significant impact on the organisational carbon footprint such as the use of F-gases which have a far higher global warming potential than many of our other sources. Housing 3 - New Supply Programme – Open Market Purchase Scheme “Can a breakdown of the full costs associated with the purchase of 99 Stanhope Place Wishaw be provided?” (Councillor Burgess) Chief Officer (Place) In relation to the voluntary acquisition at 99 Stanhope Place, the following payments were included in the councils offer: Property Value (market value) - Home Loss Payment - Disturbance Payment - Legal Expenses - The breakdown of compensation is reflective of the offer that would have been provided in the event of acquisition via compulsory purchase order (CPO). As you will be aware, property valuations fluctuate depending on comparable sales evidence for the location, market and property condition at the time of offer, which will in turn affect the value of the home loss payment. This information should be treated as confidential Housing 4 -New Supply Programme – Programme Expansion Explore whether the Royal Bank Building, Wishaw could be acquired for use in the new sites supply”? (Councillor Burgess) Chief Officer (Place) The RBS building does not currently appear to be marketed for sale. However, our initial assessment is that this building would probably be best retained as commercial premises and has limited potential for conversion to housing, particularly as the ground floor is direct onto the public footpath so no privacy to tenants and no opportunity to introduce screening to frontage. It also shares vehicular access with the adjacent church and there is no space to the rear to accommodate off street parking or amenity space for tenants. The building is also overshadowed/overlooked by much taller buildings on both sides. Page 168 of 172
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Housing 12 -New Housing Supply Programme – Procurement Update “Can a breakdown of the costs associated with the contract for the demolition of the Anvil Block, Wishaw” (Councillor Bob Burgess) Chief Officer (Place) Breakdown of proposed consultancy fees for structural engineer appointment. The report sought approval for an upper value of £300k. The total (projected) fee for the consultant is This includes structural engineering, CDM (health & safety) and contract administration services for the duration of the contract. The remaining costs relate to surveys such as site investigation, asbestos, ecology, mining investigations and costs to utility suppliers e.g. Scottish Water, SGN, Virgin etc. We have also included sub-station diversion costs and contingencies within the contract scope. The final agreed cost of the contract will be reported to Housing Committee in due course. Could I kindly ask that the above costs are kept confidential as commercially sensitive. Enterprise and Fair Work 5 - External Funding Update Report Breakdown of funding for the Strathclyde Country Park project to be forwarded to Members (Councillor Nolan) Chief Officer (Place) The External Funding Update report covered the ringfenced allocation of £830k from the Scottish Government for the Water Sports Centre (WSC) Redevelopment project in 24/25. As you are aware this sum is lower than the original amount NLC expected to be allocated. The funding package for the project is made up of a NLC Capital Allocation, Shared Prosperity Funds and Place Based Investment Funding. The project team are currently developing expressions of interest for additional external funds, such as the Public Sector Heat Decarbonisation Scheme, to help deliver the project to the highest standards. At the same time the team are exploring any opportunities to reduce costs associated with the current design and any proposed changes will be considered alongside the associated risks, for example reducing the energy efficiency standards would result in higher ongoing operational costs and may preclude applications for external grant aid linked to carbon emissions targets. A final design will be presented to the WSC Board for approval in July 2025. The current program for delivery is as follows: •Feb – May 2025 – Edinburgh University, and their contractor PMC, are currently constructing a new external boat store which will allow them to move their boats out of the WSC when it closes for redevelopment later this year. •May – Sept 2025 – NLC, and their contractor Linear Design and Construct, start a package of enabling works, reconfiguring the external layout around the WSC to create better parking and a safer environment for visitors and staff in advance of the main building redevelopment happening. •Sept 2025 – Dec 2026 – NLC, and their contractor Linear Design and Construct, carry out redevelopment of the WSC building itself, including extending onto the first floor terrace, reducing energy demand and installing a renewable heat pump and PV panels to dramatically reduce the carbon emissions associated with the ongoing operation of the public building. •Dec 2026 – March 2027 – Greenspace and Country Parks staff move back into building, install furniture, connect ICT and prepare for public opening. The redevelopment of the Watersports Centre Building is key to delivering our Country Parks for the Future vision as part of the Sustainable Futures programme of work. Enterprise and Fair Work 5 - External Funding Update Report Clarity on the whether a decision from the National Heritage Fund for the Placerigg Development has been announced? (Councillor Goldie) Chief Officer (Place) The bid is going to the next NHLF committee and we expect to have a decision in March. National Heritage Lottery Fund recently informed us that there are a significant number of bids going to the committee and they will not be able to fund them all. We remain hopefully that it is a well researched and presented bid and it will be competitive. We will of course keep local members informed when we have a decision. Adult Care and Social Work 3 - Whole System Winter Planning and Resilience 2024/2025 Clarity on whether winter flu vaccination will continue to be rolled out in Local Pharmacies. (Councillor Burgess) Chief Officer (Planning, Performance & Quality Assurance) The efficacy of this initiative is currently being assessed and it will be dependent upon that whether it is repeated next year. Adult Care and Social Work 3 - Whole System Winter Planning and Resilience 2024/2025 Confirmation that all carers who provide support had been contacted in relation to the winter flu vaccination. (Councillor McPake) Chief Officer (Health & Social Care North Lanarkshire) A full public communication campaign will be undertaken to ensure all who are eligible should be aware of same. Services commissioned by the HSCP to support carers will also make sure that relevant information is shared with carers. Adult Care and Social Work 6 - Revenue and Capital Budget Monitoring Report: Adult Social Care Period 09: 1 April 2024 to 6 December 2024 Report on Social Landlords to be circulated. (Councillor Goldie) Chief Officer (Planning, Performance & Quality Assurance) Review of Commissioned Registered Social Landlord Provision Item 4 Pages 29-36 Audit and Scrutiny Panel 5 - Risk Management Update Does the RAAC figures outlined include properties owned by the ALEO's? (Councillor Robinson) Chief Officer (Audit & Risk) The risk assessment for RAAC does not currently include the ALEO property portfolio, however this is under active review. Audit and Scrutiny Panel 5 - Risk Management Update Can Members be provided with a copy of the risk assessment and any plans in place to deal with the risks highlighted? (Councillor Hume) Chief Officer (Audit & Risk) I have attached details of the risk assessment. This highlights the factors considered in determining the overall risk score of 15 and notes how the issue will be dealt with moving forward, with reference to reports which have been presented to the Policy and Strategy Committee (5th December 2024) and the Housing Committee (12th February 2025). Education, Children and Families 3 - Progress Report on the CLD Multiply Programme Can an amount be provided of what proportion of the People and Skills funding will be going to the Multiply Programme? (Councillor Robinson) Chief Social Work Officer (Children, Families, Justice & Integrated Practice) The 2 Multiply projects will receive 21.3% of the overall allocation to People and Skills Intervention (its 17.2% to the Sum it Up programme and 4.1% to Financial literacy). They both receive 77% of what they were allocated in year 3 (2024/25) of the UKSPF Programme - a reduction which is on a par with the other People and Skills projects. You will note that the reduction for next year is slightly higher than I estimated at committee last week but lower than the reduction in funding for UKSP projects out with the ‘people and skills’ portfolio. As referenced at committee the team delivering the ‘Sum it Up’ element of the programme are prioritising maintaining as far as feasible current levels of delivery through both more integrated approaches and reducing ancillary costs – our aim therefore will be to maintain the level of reach achieved for the current year. Page 169 of 172
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Education, Children and Families 6 - Interim Report on Member Officer Working Group Review of Acceptable Walking Route Policy Can a copy of the detailed reports assessing the route as now safe be provided? (Councillor Fotheringham) Depute Chief Executive I advise that applications for transport approved in February 2023, would have been considered in line with the then secondary school distance eligibility criteria (2 miles) and prior to an updated walking route assessment being undertaken. In regard to your question of why and when the Dimsdale Path was identified as an acceptable walking route, I can advise that in advance of the changes to secondary school distance eligibility criteria, this route was assessed by independent roads and infrastructure specialists in June 2023. I can also advise that the outcome of that assessment being that the route was acceptable in accordance with the current “Walked Routes to School” policy. We are aware that this route will not be acceptable in terms of the new policy, and I can confirm that a walking route assessment is being undertaken for an alternative route. The School Transport Team are currently waiting on the outcome of the assessment and when this is complete, I have asked that a copy of this be provided to you. This will be within the next few weeks. Education, Children and Families 6 - Interim Report on Member Officer Working Group Review of Acceptable Walking Route Policy Can the School Crossing Patroller vacancy stats be provided in what action is being undertaken to fill the gaps? (Councillor A Stubbs) Depute Chief Executive The structure of the school crossing patrol team is currently under review and a report will be submitted to the Environment and Climate Change Committee later this year. At present there are 52 vacancies against establishment but in reality, the service is currently running at 21 below operational capacity. This difference is due to previous crossing patrols now no longer being required due to replacement with automated crossings points/ zebra crossings, changes to road layouts etc. over the past years. To address the deficit in numbers required, the service has mobile patrollers which can be deployed across the local authority area, and they also use other Facility Support employees to provide cover (janitors etc). Further to this, the service has a permanent recruitment in place for crossing patrollers and regular requests are publicised through the education service and parent councils etc. The constant struggle to recruit these posts is not exclusive to North Lanarkshire and other local authorities are faced with the same problem. This is in part due to the small number of hours associated with the contract and the requirement to be available every day of the school term. Education, Children and Families 7 - Transforming Places - Town and Community Hub Programme Six Monthly Update on Progress How many young people are taking up the offer of apprenticeships in relation to the Town and Community Hub Programme? (Councillor Robinson) Chief Officer (Assets & Procurement) Unfortunately, it is not the case that we monitor or count “people”, we monitor the availability and uptake of opportunities to experience a construction environment and “job tasting” within the contracts. This is measured through the update of “weeks” (i.e. each week = 1 experience). A single young person may experience more than one week, hence we’re measuring ‘weeks experienced’ rather than ‘young people who have participated’. The community benefits section within the Education & Families report relates to the following projects: • Orbiston CH – Construction commenced in December 2023 • St Kevin's CH – Construction commenced in September 2024 • Gartcosh CH – Construction commenced in February 2025 • Chryston High School Extension – Construction anticipated to commence in April 2025), and • St Stephen's CH – Construction commencing within March 25 SFT20 - No. of apprenticeships (no. of weeks) created on the contract that have either been completed during the year, or that will be supported by the organisation to completion in the following years - Level 2,3 or 4+ Target total of all projects listed above is 2,070. As at December 2024, there have been 430.7 weeks achieved. It is offered that only Orbiston has been on site for any significant length of time, and that the ‘apprenticeships created’ is linked to this element of the programme. As such, as more projects are established and in construction, the number of apprenticeship weeks will increase. Finance and Resources 26 - Contract Award for Recover NL Programme Pitch Upgrades Clarity on whether the 3 pitches conform to the appropriate standards and a breakdown of such standards be forwarded on to Members. Chief Officer (Assets & Procurement) The project will upgrade 3 current grass pitches to 3G synthetic pitches. The pitches are designed to the Fifa Quality Pro (2015) compliance. New artificial grass sports pitch on the site of the existing natural grass pitches, with associated fencing, floodlighting, access paths and drainage. The scope of works includes but is not limited to: - •Form site establishment. •Form temporary site access and safe pedestrian access routes. •Erect secure site perimeter. •Determine the location and status of existing services and mark out on site and protect same. •Temporary works. •Ground works including cut and fill where required. •Excavations to form foundations, substructure, and drainage. •Installations of electrical and mechanical, and lighting. •Foul water and surface water drainage. •External lighting. •External fences and gates. •Testing and commissioning of services (where applicable.) •Hard and soft landscaping including car parking. •Making good, painting and decorating. There are no additional changing facilities within the project. Existing changing rooms for these pitches will be used where applicable Planning 2 - Planning Applications Index Application No: 24/00810/FUL Can you provide any fire reports/suppression information? (Councillor Burgess) Chief Officer (Place) This information is not required for the assessment of the planning application. A Fire Risk Management Plan (FRMP) will be developed once the developer has chosen the final technology to be used to develop the site. Thereafter a FRMP is prepared which identifies the hazards and risks specific to that facility and how it will be protected. Page 170 of 172
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Planning 2 - Planning Applications Index Application No: 24/00810/FUL Can information be provided on the Community Benefits for theese types of applications? (Councillor Brennan) Chief Officer (Place) Community benefits do not have to be detailed for the planning application as they are not a material consideration in its determination. If we have information, it will be referred to in the planning application report. Planning 2 - Planning Applications Index Can information on how the delivery of Community Benefits detailed within Planning Applications are enforced? (Councillor Brennan) Chief Officer (Place) Such arrangements are voluntary on the part of the developer and cannot be enforced through planning legislation. Planning is currently in discussion with the Community Matters Team about how these arrangements are managed and monitored and more information will be available in due course. Policy and Strategy 3 - Delivering the Programme of Work to 2028 – Key Achievements In respect of gross weekly pay for those in full time and part time – provide the Government National Statistics Office Formula (Councillor Larson) Chief Executive Response being worked on and will be sent to Members of the Committee in due course. Will be included within the Committee Questions Log for Cycle 2 2025. Policy and Strategy 3 - Delivering the Programme of Work to 2028 – Key Achievements In respect of the difference of gross weekly pay between full time and part time posts – provide further analysis from the census data (Councillor Larson) Chief Executive Response being worked on and will be sent to Members of the Committee in due course. Will be included within the Committee Questions Log for Cycle 2 2025. Policy and Strategy 9 - Strategic Capital Investment Programme 2024-25 to 2028-29 Provide details of all external grant funding received from the Scottish Government. (Councillor Larson) Chief Officer (Finance) Response being worked on and will be sent to Members of the Committee in due course. Will be included within the Committee Questions Log for Cycle 2 2025. Page 171 of 172
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