Agenda Document Pack - Moray Council - 03/12/2025
Moray Council · 3 December 2025
Back to Moray Council — 3 December 2025 and its agenda
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Moray Council Wednesday, 03 December 2025 NOTICE IS HEREBY GIVEN that a Meeting of the Moray Council is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Wednesday, 03 December 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Resolution Consider, and if so decide, adopt the following resolution: "That under Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 22 - 24 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act.” 4. Minutes 4a. Minutes of meeting of 19 September 2025 - Public 7 - 8 4b. Minutes of meeting of 24 September 2025 9 - 18 4c. Minutes of meeting of 6 November 2025 19 - 22 5. Written Questions ** 6. Chief Social Work Officer Annual Report 2024-25 Report by Chief Social Work Officer 23 - 60 Page 1
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7. Moray Integration Joint Board Chief Officer Update Report by Chief Officer Moray Integrated Joint Board 61 - 90 8. Revenue Budget Monitoring and Estimated Act to 30 September 2025 Report by Chief Executive 91 - 122 9. Capital Plan 2025-2026 Quarter 2 Report by Chief Executive 123 - 138 10. Short to Medium Term Financial Plan Report by Chief Executive 139 - 150 11. Meeting Attendance Protocol Report by Executive Director Economy, Enterprise and Operations 151 - 166 12. Budget Protocol for 2026-27 Budget Setting Process Report by Executive Director Economy, Enterprise and Operations 167 - 178 13. Improving Attendance Project Report by Executive Director Education, Housing and Communities 179 - 212 14. Elected Members Allowances and Expenses Scheme Report by Executive Director Education, Housing and Communities 213 - 216 15. Community Council Administration Grant Report by Executive Director Education, Housing and Communities 217 - 282 16. Grampian Venture Capital Fund Report by Executive Director Economy, Enterprise and Operations 283 - 286 17. Meeting Dates Report by Executive Director Economy, Enterprise and Operations 287 - 290 18. Scheme of Delegation Update Report by Executive Director Economy, Enterprise and Operations 291 - 374 19. Outside Body Appointments Report by Executive Director Economy, Enterprise and Operations 375 - 380 Page 2
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20. Libraries Learning Centres and Heritage Service Transformation Report by Executive Director Education, Housing and Communities 381 - 406 21. Information Reports - if called in Item(s) which the Committee may wish to consider with the Press and Public excluded 22. Out of hours Project Closure Report [Para 7] • 7. Information relating to the financial or business affairs of any particular person (other than the authority). 23. Report on Tender - Bilbohall Elgin Phase 1 [Para 7 and 9] • 7. Information relating to the financial or business affairs of any particular person (other than the authority). • 9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 24. Management Structure Update [Para 1] • 1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office-holder or applicant to become an office-holder under, the authority. Information Reports - Not for Discussion at this Meeting Any member wishing to call in a noting or information report from one meeting shall give notice to Committee Services by 12 noon 2 clear working days before the meeting for which the report is published. Please see Standing Order 38 for deadlines. The Notice shall be countersigned by one other elected member and shall explain the reason for call in including any action sought. Information Report - Development of Visitor Levy Scheme Timeline Report by Executive Director Economy, Enterprise and Operations 407 - 418 Page 3
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Information Report - Monitoring Officer Report 2025 Report by Executive Director Economy, Enterprise and Operations 419 - 424 Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 4
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 5
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MORAY COUNCIL Moray Council SEDERUNT Councillor Kathleen Robertson (Chair) Councillor Amber Dunbar (Depute Chair) Councillor James Allan (Member) Councillor Peter Bloomfield (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor Theresa Coull (Member) Councillor John Cowe (Member) Councillor John Divers (Member) Councillor Jérémie Fernandes (Member) Councillor Donald Gatt (Member) Councillor David Gordon (Member) Councillor Juli Harris (Member) Councillor Sandy Keith (Member) Councillor Elaine Kirby (Member) Councillor Scott Lawrence (Member) Councillor Marc Macrae (Member) Councillor Paul McBain (Member) Councillor Neil McLennan (Member) Councillor Shona Morrison (Member) Councillor Bridget Mustard (Member) Councillor Derek Ross (Member) Councillor John Stuart (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Councillor Ben Williams (Member) Clerk Name: Tracey Sutherland Clerk Telephone: 07971 879268 Clerk Email: committee.services@moray.gov.uk Page 6
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MORAY COUNCIL Minute of Special Meeting of the Moray Council Friday, 19 September 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Scott Lawrence, Councillor Marc Macrae, Councillor Paul McBain, Councillor Neil McLennan, Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk van der Horn, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Elaine Kirby IN ATTENDANCE The Chief Executive, Executive Director Economy, Enterprise and Operations, Executive Director, Education, Housing and Communities, Chief Governance Officer (Monitoring Officer), Head of Operations and Environment, Service Manager Legal Services and Service Manager Democratic Services. 1. Chair The meeting was chaired by Councillor Kathleen Robertson. 2. Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 and the Councillors' Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda. 3. Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 4 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Para Number of the Minute Para Number of Schedule 7a 4 Para 8 and 9 Item 4a. Page 7
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Information on proposed terms and/or expenditure to be incurred by the Authority Para 12 Information relating to instructions to counsel any opinion of counsel and any advice received, information obtained or action to be taken in connection with legal proceedings. 4. Environmental Services The meeting had before it a report by the Executive Director Economy, Enterprise and Operations asking Council to consider the Authority’s waste management arrangements. Councillor Bloomfield moved to agree the recommendations as printed. This was seconded by Councillor Cowe. Councillor McLennan proposed to defer the paper until Monday 22 September to allow Councillors to view all the legal advice which had been received. On failing to gain a seconder the amendment fell and in terms of Standing Order 65, Councillor McLennan requested that his dissent be recorded. Following further lengthy consideration the Council agreed the recommendations as printed. Page 8
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MORAY COUNCIL Minute of Meeting of the Moray Council Wednesday, 24 September 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Elaine Kirby, Councillor Scott Lawrence, Councillor Marc Macrae, Councillor Paul McBain, Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk van der Horn, Councillor Sonya Warren, Councillor Ben Williams. Councillor Neil McLennan joined the meeting for items 11 – 13. IN ATTENDANCE The Chief Executive, Executive Director Economy, Enterprise and Operations, Executive Director Education, Housing and Communities, Chief Governance Officer (Monitoring Officer), Chief Financial Officer (Depute S95 Officer), Head of Operations and Environment, Service Manager Strategic Finance, Service Manager Leisure and Culture, Service Manager Property, Estates and Assets, Principal Climate Change Strategy Officer, Assistant Manager - FMS and Banking and Service Manager Democratic Services. Also in attendance were Angela Pieri and Andrew Wallace, External Auditors from Grant Thornton LLP. 1. Chair The meeting was chaired by Councillor Kathleen Robertson. 2. Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 and the Councillors' Code of Conduct, Councillors Cameron and Gordon as Directors of Moray Leisure Centre Ltd declared that they would remain in the Chamber for Item 13 and would leave the Chamber during the consideration of Item 14 on the agenda. The meeting noted that there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any further declarations of Member's interests in respect of any item on the agenda. Item 4b. Page 9
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In terms of transparency and items 6a and 6b on the Agenda, Councillor Gatt stated that he was Convener of Grampian Valuation Joint Board, Councillors Warren and Macrae stated that they were members of Grampian Valuation Joint Board. 3. Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Item 14 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Para Number of the Minute Para Number of Schedule 7a 18 Para 9 Information on terms proposed or to be proposed by or to the Authority 4. Minutes of meeting of 27 August 2025 The minute of the meeting of 27 August 2025 was submitted and approved. 5. Written Questions The Council noted that no written questions had been submitted. 6. Connected Charities Audited Annual Accounts 1 April 24 to 31 March 25 The meeting had before it a report by the Chief Executive submitting to the Council the audited Annual Accounts for Moray Council’s Connected Charities for the year ended 31 March 2025. Following consideration, the Council unanimously agreed to approve the audited Annual Accounts for the Connected Charities for the financial year 2024/25. 7. External Audit - Annual Report to Member from 2024-25 Audit The meeting had before it a report by the Chief Executive providing Council with a copy of the External Auditor's Annual Audit Report to Council on the 2024/25 accounts. Following consideration, the Council unanimously agreed to note the contents of the Annual Audit Report 2024/25. Councillor Allan joined the meeting during the consideration of the item. 8. Audited Annual Accounts 1 April 2024 - 31 March 2025 The meeting had before it a report by the Chief Executive submitted to the Council the Audited Annual Accounts for the Moray Council for the year ended 31 March 2025. Following consideration, the Council unanimously agreed: Page 10
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i) to note the Audited Annual Accounts for financial year 2024/25; and ii) that the Annual Accounts are signed, having regard to the Annual Report from the External Auditor which was another item on the agenda. 9. Treasury Management Performance Capital Investment Prudential Indicators 2024-25 The meeting had before it a report by the Chief Executive providing Council with the annual outturn report on Treasury Management and details of the Council’s Prudential Indicators for Treasury Management and Capital Investment for the year ended 31 March 2025. Following consideration, the Council unanimously agreed to note the Treasury Management Performance and the Council’s Treasury Management and Capital Investment Prudential Indicators for 2024/25 as set out in Appendix 2. 10. Short to Medium Term Financial Plan The meeting had before it a report by the Chief Executive updating the Short to Medium Term Financial Plan for the period 2025/26 to 2027/28. Following consideration, the Council unanimously agreed to approve: i) the amendment to the budget for 2025/26 of £1,315,000 relating to the service concession saving and concomitant additional savings of £200,000 in 2025/26, 2026/27 and 2027/28; ii) savings of £24,000 from increased digitisation of libraries support processes; iii) the inclusion of an additional £1,600,000 as estimated grant funding from Scottish Government, a reduction of £110,000 in estimated grant funding from UK Government (both in 2025/26) and additional income from charges for Council services of £200,000 in 2026/27 and 2027/28; iv) savings of £82,000 from budget review as detailed in paragraphs 5.8 to 5.10; and v) the removal of savings totalling £793,000 as outlined in paragraph 5.12. Council further agreed to notes the risks and uncertainties currently identified in paragraph 5.13 and listed in Appendix 2 to this report. 11. Sundry Debt Policy and Procedures The meeting had before it a report by the Chief Executive submitting to the Council the Sundry Debt Policy for approval and the Sundry Debt procedures for noting. Following consideration, the Council unanimously agreed to: i) approve the Sundry Debt Policy at APPENDIX 1 to this report; and Page 11
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ii) note the Sundry Debt Procedures at APPENDIX 2. 12. Climate Change Strategy The meeting had before it a report by the Executive Director Economy, Environment and Operations asking Council to approve the draft update of the Climate Change Strategy (CCS) and to agree that the draft strategy be subject to public consultation for a period of 12 weeks. This update provides insight into current performance, identifies key barriers to progress and outlines steps necessary to keep the Council on a viable pathway to net zero. Councillor Macrae moved to add an additional recommendation to the report to read that Council: iv) Agree that implementation of the strategy shall be undertaken within the limits of existing Revenue and Capital resources, with no additional Council funding allocated beyond the current approved budgets; instructs officers to continue to pursue opportunities for external funding, partnership arrangements and operational efficiencies in order to support delivery; and further stipulates that capital-intensive actions shall only proceed where they are demonstrably ‘spend-to-save’ in nature, directly linked to previously approved expenditure, or are capable of being fully met through external funding sources. This was seconded by Councillor Dunbar. In welcoming the report and updated strategy, Councillor van der Horn, seconded by Councillor Stuart proposed the recommendations as printed in the report. On the division there voted: For the motion (14) Councillors Macrae, Dunbar, Bloomfield, Colyer, Cowe, Divers, Keith, Kirby, Gatt, Gordon, McBain, Mustard, Robertson and Ross For the amendment (10) Councillors van der Horn, Stuart, Cameron, Coull, Fernandes, Harris, Lawrence, Morrison, Warren and Williams Abstention (0) Due to technical difficulties Councillor Allan was unable to vote. Accordingly, the motion became the finding of the meeting and the Council agreed: i) to approve the draft update to the Climate Change Strategy 2025-2035, as detailed in Appendix 1; ii) that the draft be made available for public consultation for a period of 12 weeks and that the final strategy be reported back to Council thereafter; iii) agrees that the main climate change actions are added to service plans at the next available review point (target of June 2026); and Page 12
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iv) that implementation of the strategy shall be undertaken within the limits of existing Revenue and Capital resources, with no additional Council funding allocated beyond the current approved budgets; instructs officers to continue to pursue opportunities for external funding, partnership arrangements and operational efficiencies in order to support delivery; and further stipulates that capital-intensive actions shall only proceed where they are demonstrably ‘spend-to-save’ in nature, directly linked to previously approved expenditure, or are capable of being fully met through external funding sources. 13. Transformation Strategy Development The meeting had before it a report by the Executive Director Education, Housing and Communities asking Council to consider and approve Stage 3 of the Council’s Transformation Strategy which includes opportunities for new ways of operating to make the Council sustainable in the longer term. Following consideration, the Council unanimously agreed to approve Stage 3 of the Council’s Transformation Strategy which incorporates ongoing projects and adds new projects and opportunities for new ways of operating to make the council sustainable in the longer term. Councillor McLennan joined the meeting during the consideration of this item. 14. Home to School Transport Policy The meeting had before it a report by the Executive Director Economy, Enterprise and Operations advising Council of the findings of the recent public consultation on Home to School Transport and seek approval to implement the outlined changes to the Home to School Transport Policy. Councillor Robertson moved to agree the recommendations as printed. This was seconded by Councillor Macrae. Councillor Williams, seconded by Councillor van der Horn proposed that Council: i) agrees to note the content of the report; ii) approves the further investigation of paid mileage-based expenses to parents on appropriate contracts; and iii) approves the Council’s position on walking distance as enshrined in policy. As he felt that difference between safe walking distances in urban and rural areas had not been taken into account. Councillor Warren proposed that the proposed safe walking routes be published. In response, the Head of Operations and Environment stated that the resource which would be needed to carry out the work would be considerable with limited Page 13
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benefit. She also expressed caution as in some cases publishing walking routes could be tantamount to publishing addresses, particularly in more rural areas. During further consideration, Councillor McLennan proposed removing the recommendations in the report and replace with a single recommendation that requests an expanded written statement clarifying what a safe walking route to school is, which comes back to a future meeting of the Council. Councillor Robertson proposed a short adjournment to discuss the proposals which had been tabled to try and come to a consensus. On the resumption of the meeting Councillor Robertson sought a seconder for Councillor McLennan's amendment. On failing to gain a seconder the amendment fell and in terms of Standing Order 65, Councillor McLennan requested that his dissent be recorded. Councillor Robertson sought clarification from Councillor Warren if she wished to proceed with her amendment. In response, Councillor Warren confirmed that she would withdraw her amendment if a review could be carried out after 1 year to get a progress update on implementation of the revised policy. Following further consideration and on the division, there voted: For the Motion (15) Councillors Robertson, Macrae, Allan, Bloomfield, Colyer, Cowe, Dunbar, Divers, Gatt, Gordon, Keith, Kirby, McBain, Mustard, Ross For the Amendment (10) Councillors Williams, van der Horn, Cameron, Coull, Fernandes, Lawrence, McLennan, Morrison, Stuart and Warren Abstention (1) Councillor Harris Accordingly, the motion became the finding of the meeting and Council agreed: i) notes the contents of the report and endorses the move to 3 miles walking distance for all secondary schools and 2 miles for all primary schools; ii) approves the further investigation of paid mileage-based expenses to parents on appropriate contracts; iii) approves the Council’s position on walking distance as enshrined in policy; and iv) a review to be carried out after 1 year to get a progress update on the implementation of the revised policy. 15. Scheme of Delegation Update A report by the Chief Governance Officer (Monitoring Officer) sought to agree interim arrangements for delegations to officers under the Council’s Scheme of Delegation. Page 14
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Following consideration, the Council unanimously agreed to approve the following interim arrangements in relation the Council’s Scheme of Delegation of powers to Officers: i) where post titles have changed and functions have transferred to a newly named post under the management restructure, then the new post holder (or if there is any doubt the most closely linked post holder) shall be authorised to exercise delegations in relation to those functions delegated to the previous post, pre-restructure; and ii) where there remains a recruitment gap in the new management structure or where there remains any doubt over which post a particular function has been transferred to, the Chief Executive shall be authorised to temporarily assign the delegation to the most appropriate post holder within the revised management structure, keeping a record of such assignations. Council further noted that a full review of the Scheme of Delegation will be presented to the meeting of Moray Council on 3 December 2025. 16. Moray Sport and Leisure Service Transformation The meeting had before it a report by the Executive Director Education, Housing and Communities providing Council with a progress update on the Sport and Leisure transformation and decide on future actions and the asset management approach for our leisure estate. During consideration of the report Councillor Lawrence raised concerns about the inclusion of Forres House Community Centre in the process as he was not clear on the useage figures which were being used to determine the ranking of the building as it is a multi use community building and not just a pure sport and leisure facility. He then proposed an additional recommendation that Forres House Community Centre: i) is maintained in accordance with recommendation 3.1 (iv); and ii) any future capital investment required in Forres Community Centre is considered as a separate paper to Moray Council This was seconded by Councillor Robertson. In response to Councillor Lawrence, the Service Manager Leisure and Culture confirmed that she would need to check whether the franchised cafe figures were included in the usage figure for Forres House, however she confirmed that the figures included all the hires and the number of people attending for those hires, but the figures would not include clients attending to meet Housing staff of any meetings that are within those offices. In terms of Standing Order 83 the Chair sought to suspend Standing Order 75 to continue the meeting past 12.45pm, this was unanimously agreed. Following further lengthy consideration of the report, Councillor Robertson sought a short adjournment to consider Councillor Lawrence's amendment. Page 15
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On the resumption of the meeting, Councillor Lawrence withdrew his amendment as during the adjournment Officers had taken his concerns on board and confirmed that Officers were happy to look at the ways the different values against Forres House Community Centre had been calculated. There being no-one otherwise minded, Council unanimously agreed: i) to note the progress on the Sport and Leisure transformation journey; ii) to proceed with the short, medium and long term actions for the transformation work set out in the report (Appendix 1); iii) the updated weighting criteria in regards to facility prioritisation as set out in Appendix 3; iv) the asset management approach to take for the leisure estate as set out in the report under 5.3; and v) that a further report is provided to committee when updated information on the condition of the Moray sport and leisure estate is available and that a critical works programme is developed to help make informed decisions on future prioritisation. Councillor McLennan left during the consideration of this item. 17. Resumption of Meeting PRESENT Councillor James Allan, Councillor Peter Bloomfield, , Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor Juli Harris, Councillor Sandy Keith, Councillor Elaine Kirby, Councillor Scott Lawrence, Councillor Marc Macrae, Councillor Paul McBain, , Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk van der Horn, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Neil Cameron, Councillor David Gordon and Councillor Neil McLennan IN ATTENDANCE The Chief Executive, Executive Director Economy, Enterprise and Operations, Executive Director Education, Housing and Communities, Chief Financial Officer, Chief Governance Officer, Service Manager Leisure and Culture and Service Manager Democratic Services. 18. Moray Leisure Centre Update [Para 9] The meeting had before it a report by the Executive Director Education, Housing and Communities providing Council with an update on the critical repairs and Page 16
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maintenance works required at Moray Leisure Centre and consider whether to proceed with the critical works identified. Councillor Macrae moved that the Council sets a binding deadline – February 2026 – for full compliance. No further funding to be released until the Lease and Service Level Agreement documents are signed and operational, with clear delineation of responsibilities between the Landlord and the Tenant, and measurable service outcomes identified. This was seconded by Councillor Cowe Following lengthy consideration and an adjournment the Council unanimously agreed to amended recommendations, taking into account Councillor Macrae's amendment: i) to note the information update on Moray Leisure Centre (MLC); ii) agree to allocate funding of up to £500,000 as noted in the report to address the immediate critical building and plant repair and maintenance work required at MLC and that Council services support delivery of the remedial works in consultation with MLC but defer the funding decision on the ice plant capital spend until the MLC Board has committed its long term position and only fund on receipt of a viable financial plan for continued operation verified by the Council’s accountancy team iii) agree that Officers progress the development of the necessary governance documents with MLC as a matter of urgency as reflected in the report and Council sets a binding deadline of February 2026 for full compliance. No further capital or revenue funding to be released until the Lease and Service Level Agreement documents are agreed, with clear delineation of responsibilities between the Landlord and the Tenant, and measurable service outcomes identified. iv) agree that a report comes back with an update on the SLA, Lease and proposals for the management and financial arrangements for the building maintenance and delegate authority to officers to negotiate the terms of the lease based on an internal repairing and insuring lease. v) agree to reprofile £1,567,000 of the current capital plan allocation for 2025/26 for leisure and libraries into 2027/28 financial year. Councillor Lawrence left the meeting during the consideration of this item. Page 17
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MORAY COUNCIL Minute of Special Meeting of the Moray Council Thursday, 6 November 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor James Allan, Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Elaine Kirby, Councillor Scott Lawrence, Councillor Marc Macrae, Councillor Paul McBain, Councillor Neil McLennan, Councillor Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor Draeyk van der Horn, Councillor Sonya Warren, Councillor Ben Williams APOLOGIES Councillor Theresa Coull, Councillor John Stuart IN ATTENDANCE The Chief Executive, Executive Director Economy, Enterprise and Operations, Chief Governance Officer (Monitoring Officer), Chief Financial Officer, Head of Growth, Planning and Climate (Chief Planning Officer), Service Manager Growth Deal, Service Manager Strategic Planning and Development and Service Manager Democratic Services. 1. Chair The meeting was chaired by Councillor Kathleen Robertson. 2. Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 and the Councillors' Code of Conduct, there were no declarations from Group Leaders or Spokespersons in regard to any prior decisions taken on how Members will vote on any item on the agenda or any declarations of Member's interests in respect of any item on the agenda. In terms of a transparency statement, Councillor Fernandes stated that in relation to Item 5 on the agenda he is a Council appointed member of Elgin Neighbourhood Board. 3. Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting for Items 5 - 7 of business on the grounds that it involves the likely disclosure of exempt information of the class described in the relevant Paragraphs of Part 1 of Schedule 7A of the Act. Item 4c. Page 19
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Para Number of the minute Para Number of Schedule 7a 5 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services 6 8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 7 8 The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services. 9 Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services. 4. Depute Leader The meeting had before it a report by the Executive Director Economy, Enterprise and Operations asking the Council to fill the vacant post of Depute Leader. The Council joined Councillor Robertson in acknowledging and thanking Councillor Gatt for his service as Depute Leader over the last 3 and a half years. Councillor Robertson moved to appoint Councillor Amber Dunbar as Depute Leader. This was seconded by Councillor Gatt. There being no one otherwise minded, the Council unanimously agreed to appoint Councillor Amber Dunbar as Depute Leader of the Council. 5. Elgin Neighbourhood Board Regeneration Plan [Para 9] The meeting had before it a report by the Executive Director Economy, Enterprise and Operations updating members on the progress made by Elgin Neighbourhood Board and to consider projects shortlisted for inclusion within the Regeneration Plan which are likely to have a financial and / or staffing implication for the Council. Following consideration, the Council unanimously agreed to: Page 20
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i) note and commend the work and progress made by Elgin Neighbourhood Board; ii) note the financial and staffing implications for the Council arising from shortlisted projects identified in para 6.4; iii) that the shortlisted projects in para 6.4 with financial and/ staffing implications for the Council be supported by the Council subject to a maintenance agreement being in place between the Council and Board prior to entering into delivery of the Plan in April 2026 and that provision for maintenance is included in the Regeneration Plan; iv) that delegated authority be granted to the Chief Financial Officer and Service Manager Strategic Planning and Development to agree the terms of a maintenance agreement to ensure projects do not result in additional revenue expenditure for the Council; and v) to reduce Officer representation on the Board as set out in para 6.7 to maximise representation from community and business interests. 6. Update on Moray Growth Deal Activity with a focus on Cultural Quarter [Para 6 8 and 9] The meeting had before it a report by the Executive Director Economy, Enterprise and Operations updating Council on the pace of Growth Deal activity as it is increasing. It is proposed that alongside the annual report, which is traditionally submitted to Council late Q4, going forward an interim update will be provided late autumn / early winter. Following consideration, the Council unanimously agreed to note: i) progress being made by the Moray Growth deal; and ii) key milestones planned up to the end of Q4 2025/26, including the submission of planning / listed building consent applications for Grant Lodge (maintaining momentum that will assist in attracting external funding) and planned future papers to Council regarding work to identify a replacement skills project and progress made resolving the Grant Lodge funding shortfall. 7. Opportunity to be a Partner Host [Para 8 and 9] The meeting had before it a report by the Executive Director Economy, Enterprise and Operations seeking approval to undertake planning and engagement exercises, and to consider a financial contribution towards the proposed event. Councillor Macrae moved to add an additional option for the Council to consider and that was to support the opportunity in kind without the financial commitment. This was seconded by Councillor McBain In response, Councillor van der Horn, seconded by Councillor Ross proposed rejecting the opportunity to host as there were too many unquantifiable costs. Page 21
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Councillor Robertson suggested a short adjournment to allow further discussions to determine whether a compromise could be reached. On the resumption of the meeting, and consideration of a suggestion by the Chief Executive, Councillor Robertson suggested that an in principle in kind offer is made subject to further information becoming available from the event organisers and to bring back a report to a future meeting of the Council to determine the level of in kind support to be provided or not. Councillor Macrae confirmed that he was happy with this proposal, as was Councillor van der Horn who in turn withdrew his amendment. There being no-one otherwise minded the Council unanimously agreed that an in kind offer of support is made, subject to further information becoming available from the event organisers and for a report to be brought back to a future meeting of the Council to determine the level of in kind support to be provided or not. Page 22
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Interim Chief Social Work Officer/Head of Service Author: Jim Lyon Contact Email: jim.lyon@moray.gov.uk Subject: Annual Report of the Chief Social Work Officer 2024/25 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is for Council to note the annual report of the Chief Social Work Officer (CSWO) on the statutory work undertaken on the Council’s behalf during the period 1 April 2024 to 31 March 2025. 1.2 This report is submitted to Committee in terms of Section III (A) (4) of the Council’s Scheme of Administration relating to monitoring performance of services within the Committee’s remit in accordance with the Council’s performance management framework. 2. SUMMARY 2.1 The report highlights that a huge amount of work was undertaken during the reporting period with significant areas of improvement and delivery of key services in a context of external environmental restraints including complexity and rising need, savings requirements, and staffing challenges. It highlights the positive working relationships between Councillors, IJB members, officers and the community planning partnerships in adult and child services, aimed at providing good quality social work and social care and health services in Moray. 3. RECOMMENDATIONS 3.1 It is recommended that the Council consider and note the content within Appendix 1. Jim Lyon Interim Chief Social Officer/Head of Service 4. BACKGROUND AND CONTEXT Item 6. Page 23
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4.1 In compliance with their statutory functions under the Social Work (Scotland) Act 1968, all local authorities have a CSWO. For several years CSWOs have produced Annual Reports on the provision of social work services which are provided for relevant committees, Moray Council and Integration Joint Boards. 4.2 The Office of the Chief Social Work Adviser in the Scottish Government (OCSWA) collates an overview Summary Report based on the key content of the reports from all local authorities in Scotland. This summary would: • Be of value to CSWOs and support the CSWA in their role of raising the profile and highlighting the value and contribution of social work services nationally; and • Be a useful addition to the set of information available to aid understanding of quality and performance in social work services across Scotland. 4.3 The Council’s Social Work Services require to support and protect people of all ages as well as contributing to community safety (public protection) by reducing offending and managing the risk posed by known offenders. Social Work services manage this together with the implications of significant demographic change and financial constraint whilst fulfilling a widening array of legal obligations and duties. 4.4 The annual report is attached at APPENDIX 1. This report was completed and is presented to Council by the Interim Chief Social Work Officer. 5. PROPOSALS 5.1 It’s proposed that Council note the contents as presented in the CSWO Annual Report at Appendix 1. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. Page 24
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a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal The service referred to in this report fall within the scope of several important pieces of legislation including: 2.1 Social Work (Scotland Act 1968 2.2 The Adult Support and Protection (Scotland) Act 2007 2.3 The Community Care & Health (Scotland) Act 2002 2.4 The Children (Scotland) Act 1995 2.5 The Joint Inspection of Children’s Services & Inspection of Social Work Services (Scotland) Act 3006 2.6 Adoption and Children (Scotland) Act 2007 2.7 Looked After Children (Scotland) Regulations 2009 2.8 The Public Bodies (Joint Working) (Scotland) Act 2014 2.9 Children & Young People (Scotland) Act 2014 6.4 Significant policies and white papers that relate to these services include: • Changing Lives, the Future of Unpaid Care in Scotland (2006) • Delivery for Health (2005) • All our Futures: Planning for a Scotland with an Ageing Population (2007) • Better Health, Better Care: Action Plan for a Healthier Scotland (2007) • Better Outcomes for Older People: Framework for Joint Services (2005) • National Guidance for Child Protection in Scotland, The Scottish Government 2014 6.5 Financial There are no direct financial implications arising from this report. Future priorities will be addressed within the context of the financial planning process. 6.6 Risk There is no risk implications associated with or arising from this report. 6.7 Staffing There are no staffing implications directly relating to this report. 6.8 Best Value and Transformation Page 25
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There are no best value or transformation implications arising from this report. 6.9 Property There are no property implications arising from this report. 6.10 Information Communications/Technology/Digital There are no issues directly arising from this report. 6.11 Equalities, Social Inclusion and Economic Impact There are no issues directly arising from this report. 6.12 Climate Change and Biodiversity Impacts There are no issues directly arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with MIJB Senior Management Team; Service Manager Legal Services and Service Manager Democratic Services and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Attached at Appendix 1 Page 26
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Appendix 1 Page 1 of 37 Chief Social Work Officer Annual Report 2024/25 Jim Lyon, Interim Chief Social Work Officer, Moray Council Page 27
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Appendix 1 Page 2 of 37 Table of Contents Welcome and Introduction ................................................................ 2 1. Governance, Accountability, and Statutory Functions ................ 3 2. Service Quality and Performance .............................................. 6 Children and Families .................................................................... 6 Adults ............................................................................................. 12 Community Justice ....................................................................... 27 3. Resources ............................................................................... 29 4. Workforce ............................................................................... 30 5. Looking Ahead ......................................................................... 32 Welcome and Introduction Welcome to the Chief Social Work Officer’s (CSWO) annual report for 1 April 2024 to 31 March 2025. This is my first annual report in Moray as Interim CSWO and Head of Children, Families and Justice Services, having taken up post on 3 June 2024. I very much welcome the opportunity which is a privilege and honour. Given the timing of annual reports, there are significant developments beyond the end date sighted for development in the next reporting period. Social work services face significant pressures from wider social, economic, and political factors, Audit Scotland Report, July 2024. Over the last year, like many areas in Scotland, there have been persistent pressures in Moray, including: • An ageing population and increasing demand for services • Rising complexity of need across the population and increased care costs • Workforce shortages and recruitment challenges • Significant developments in policy and legislation • Continuing effects of the pandemic most notably in children’s services • The cost-of-living crisis • Public service savings, and challenges of providing public services in areas with rural communities Despite these challenges, we continue to deliver high quality services through the commitment and diligence of our dedicated social work and social care workforce who demonstrate unshakable determination to support and protect our citizens. The scale of the challenge is considerable requiring a cross-Moray Council and Moray Integration Joint Board (MIJB) approach to supporting our people and communities. Page 28
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Appendix 1 Page 3 of 37 1. Governance, Accountability, and Statutory Functions We enjoy strong governance and leadership arrangements in MIJB and Moray Council helping and supporting the rationale and transparency of decision making and risk management. We have close working relationships between officers, MIJB members and our elected Councillors, demonstrating a clear desire for strong working relationships to deliver effective services to our people. Over the last year in Moray, we have had changes in social work leadership and other senior leadership roles most notably the appointment of our Health and Social Care Moray (HSCM), Chief Officer, Judith Proctor. Judith joined us on an interim basis on 15 July 2024 and was appointed substantively on 21 November 2024. Judith brings a wealth of experience and leadership to the role and has helped galvanise our direction of travel and culture of partnership working across the, at times, complicated landscape of public bodies interworking and integration. In Moray Council, there has been a change at Chief Executive level with the appointment of Karen Greaves, BEM, on 17 March 2025, who took over from John Mundell, OBE, Interim Chief Executive, who left on 17 April 2025 following handover. Karen brings a wealth of experience and leadership in senior roles in local authority work and from her appointment in March, she has presided over the final stages of the Council’s restructure process. MIJB brings together Moray Council and NHS Grampian staff to jointly deliver a wide range of community health and social care services under the direction of the integration joint board, formally established in April 2016. The Council and NHS Grampian have delegated statutory functions to MIJB through an Integration Scheme approved by the Scottish Government. Functions delegated by the Council are social care services, fostering and adoption services, child protection, and justice services. Council and MIJB aims are aligned in the 10 years Local Outcomes Improvement Plan (LOIP) agreed by Moray Community Planning Partnership (MCPP). Outcomes are delivered through partnership working focusing on four agreed strategic objectives: developing a diverse, inclusive and sustainable economy; building a better future for our children and young people; empowering and connecting communities; and improving the wellbeing of our population. The HSCM Clinical and Care Governance Group (CCGG) is responsible for ensuring robust systems and processes are in place across all service areas within HSCM to support clinical and care governance. The group provides assurance to the HSCM Senior Management Team (SMT) and the Moray Integration Joint Board (MIJB) Clinical and Care Governance Committee that these systems are operating effectively to support the safe and effective delivery of care and maintain service quality. A review of all strategic Board-level risks has been completed, with new clear ownership, mitigations, and monitoring arrangements in place. The Audit, Performance and Risk Committee, brings oversight with exception reporting escalated to the Board. Work is continuing to review and strengthen the operational and corporate risk Page 29
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Appendix 1 Page 4 of 37 frameworks within HSCM, ensuring alignment with the Board’s Strategic Risk Register. This integrated approach supports more effective risk management across the system. The Role of the CSWO Section 3(1) of the Social Work (Scotland) Act 1968 requires Local Authorities to appoint a CSWO, with a requirement to publish an annual report on their professional leadership, oversight of practice, governance, values, and standards as described in national guidance. It covers the areas of decision-making and practice where legislation confers functions directly on the CSWO mainly relating to public protection and the restriction of an individual’s freedom. The report may be cross referenced to specific performance reports including HSCM Annual Performance Report 2024/25 and NHS Grampian Clinical and Care Governance Committee Annual Report. Overall governance of social work services in Moray rests with the CSWO, who is also the Head of Children, Families and Justice Services, as laid out in the framework for Professional Social Work and Social Care Practice Governance in Moray Council and Health and Social Care Moray (the professional governance framework). CSWOs provide professional advice in the discharge of a Local Authority’s statutory social work functions including those delegated to H&SCPs. The CSWO is a ‘proper officer’ re social work functions: an officer given responsibility on behalf of a Local Authority, where the law requires the function to be discharged by a specified post holder. The CSWO is a non-voting member of MIJB and a member of MIJB Audit, Performance and Risk Committee, responsible for supporting and scrutinising delivery of integrated adult’s and children’s care services. The CSWO attends Moray Council Committee, and the Education, Children’s and Leisure Services (ECLS) Committee, the latter having a shared responsibility with MIJB for funding out of area (OOA) residential care for children with specialist care and education needs. Responsibilities of the CSWO Entail accountability to the Chief Executive of the Local Authority, Councillors, MIJB, and reporting to the Chief Officer, HSCM. Professional advice from the role includes the safety of vulnerable people, the impact of social work service, and the findings of quality and performance reports, setting out the implications for the delivery of national and local outcomes, proposals for remedial action, good practice and learning, and reporting arrangements for identified improvement activity. The CSWO has a direct line to the Chief Executive and Moray Councillors, ensuring Councillors are provided with reports on relevant developments and required decisions. The Council’s Chief Governance Officer (Monitoring Officer) offers crucial support to the CSWO in the effective discharge of duties through the provision of advice, guidance, and support with service delegation and other relevant matters associated with the role. Through engagement in these arrangements, the CSWO is satisfied the practice governance arrangements in place are appropriate and proportionate, and practice standards are being met with required improvement plans in place, subject of review. Moray Public Protection Chief Officers Group (MPP COG): Page 30
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Appendix 1 Page 5 of 37 This is the most senior group with strategic and governance for public protection in Moray. The Adult Support and Protection (Scotland) Act, Code of Practice (Revised 2022) and National Guidance for Child Protection in Scotland (Revised 2021) outlines their responsibilities including maximising the involvement of services not directly under their control: Scottish Children’s Reporter Administration, Crown Office, and Procurator Fiscal Services. It provides strategic leadership and scrutiny for the public protection work of their respective agencies and inter-agency work. Chief Officers are individually and collectively responsible for the leadership, direction and scrutiny, of the Public Protection Committees, and linked public protection groups. Moray Chief Officers recognise strong leadership and a competent and confident workforce play a critical role in public protection with continued focus on supporting improved outcomes for vulnerable people across the diverse communities of Moray. Supporting effective inter-agency work is central in providing excellent public protection services in Moray. The Chief Officers involved include the senior leaders, at chief executive and chief officer level, CSWO and other representatives as required to address specific matters across the public protection partnership. Chief Officers are responsible for overseeing the commissioning of all public protection services and are accountable for this work and its effectiveness. They are individually responsible for promoting Child Protection, Adult Support & Protection, Alcohol & Drug, Violence Against Women, MAPPA and the wider public protection agenda across their individual services and agencies to ensure a corporate approach to protection. They identify successes, best practice and areas for improvement to learn from experience, monitor trends and examine outcomes for children, young people and adults receiving services. The main areas overseen by Moray Public Protection Chief Officers Group are Child Protection, Adult Support & Protection, Alcohol & Drugs, Violence Against Women including Multi-Agency Risk Assessment Conferences (MARAC), Multi-Agency Public Protection Arrangements (MAPPA) and Offenders Management, Community Justice, Prevent Multi-Agency Panel (PMAP), and Suicide Prevention. Moray Profile Moray is situated in the northeast of Scotland, bordered by Inverness and the Highlands to the west and Aberdeen and Aberdeenshire to the east. It covers an area of 864 square miles, making it the eighth largest council area in Scotland. Most of Moray’s population of 96,000 people reside in and around Elgin, Forres, Keith, Buckie, Dufftown, and Lossiemouth, each town with its distinct local identity. There are good transport links, with Inverness and Aberdeen, and Glasgow and Edinburgh are three and a half hours away. The presence of Army and RAF personnel in Kinloss Barracks and RAF Lossiemouth positively impacts the local economy and culture. With relatively low unemployment and an appealing natural environment, Moray is a desirable place to live. Low crime rates and good public services add to its appeal. Moray faces pockets of inequality and deprivation, and its rural profile can create difficulties in accessing services and economic opportunities, as well as isolation. Considering Moray’s higher-than-average proportion of older people, particularly in rural Page 31
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Appendix 1 Page 6 of 37 and coastal areas, providing high-quality public services can be complex and more expensive. HSCM and Moray Council’s Corporate Plan sets the strategic priorities between now and 2029. The vision is for Moray to be a place where people prosper, free from poverty and inequality, which means our: • Young people grow up safe, well-educated and reach their full potential • People lead healthy lives and have access to quality care when needed • Businesses and communities prosper • Natural environment thrives for the betterment of all To make this vision a reality, three core strategic priorities have been identified on which the Council, and MIJB, work to tackle poverty and inequality, build a stronger, greener, vibrant economy, and build thriving, resilient, empowered communities. With a population of 95,520, Moray is one of Scotland’s smaller councils, although the 8th largest by geographic area. There are over 5,000 council employees (approx. 3,800 Full Time Equivalent) located throughout the region. 2. Service Quality and Performance Children and Families Localities Social Work This comprises an Access Team, and two Locality Teams, in East and West. The Access service is the initial point of contact for referrals on children not already being supported by social work services. It prioritises enquiries and child protection referrals acting as a feed to the longer-term Localities Teams where continual support is required. Effective access is critical for facilitating a prompt social work service, signposting to other services, and supporting families on a short-term basis or in preparation for transfer to the East and West Teams based on assessed need. Corporate Parenting “One of our care experienced adults, just graduated with a BA Hons and is flying to Australia this week for up to one year for an exciting travelling year”. As a corporate parent, such examples are always a pleasure to share highlighting the huge potential of our care experienced children and young people. Moray Community Planning Partnership has devolved responsibility to produce and deliver the Children’s Service Plan to the GIRFEC Leadership Group (GLG). The GLG includes senior decision makers from the public and 3rd sector working together to improve the lives of children and young people across Moray. The group is chaired by the CSWO, with Head of Education, vice chair. Strategic Children's Services partnership groups have oversight for the delivery of each of the action plans with subgroups using data to underpin transformational change activity. Chairs meet regularly to coordinate improvement activity with progress reported quarterly to GLG. Locality Networks comprise direct service delivery Page 32
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Appendix 1 Page 7 of 37 practitioners and community organisations. To ensure the voices of those living and working in localities underpin decision making. Strategic groups shall be streamlined to focus on Family Support, Voice (youth advisory group) and participation (Team around the Child). Moray Champion’s Board This is a group of care-experienced young people, meeting fortnightly, to share their views, speak up about what matters to them, and work with adults in power to make real change. It provides a space for young people who care about youth voice and want to make a difference, whether by shaping services, leading campaigns or supporting others with similar experiences. At its heart, is connection, influence, and creating a better future. Led by young people, for young people. Current campaigns include ‘THE ROAD DOESN’T END AT 21!’, Moray Champion’s Board is campaigning for free bus travel to be extended to age 26 for care-experienced young people. The Board has produced a podcast under Moray’s Maintaining Relationships Project, a bold and compassionate initiative placing relationships at the heart of care. The Project is part of Moray’s commitment to Keep The Promise. It challenges traditional boundaries asking us to follow relationships, not job roles. It demands cultural change, risk reframing, and system-wide transformation! Of course, the role of corporate parent applies to children looked after at home, those accommodated, and those with care experience. The corporate parenting role is often initiated when child protection and alternative care is required or young people conflict with the law. During the reporting period the number of children looked after at home and away from home, has fluctuated at times but has levelled out over the year as seen in Graph 1 below: Graph 1: Looked After Children – At Home and Away from Home The number of children accommodated during the reporting period has been higher than in previous years. Reasons include the after effect of Covid lockdown measures with children isolated at home and not seen by services, failure to identify serious neglect soon enough, and lack of sufficiently coordinated early support & diversion. The number of children on the child protection register has fallen over the year mainly because the number of children accommodated has risen due to significant levels of increased need including neglect and other forms of harm. Details of registration and de-registration are provided in Graph 2 below: 172 177 179 175 173 175 177 176 175 180 178 171 160 170 180 190 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25 Feb-25 Mar-25 LAC -At Home & Away from Home -2024 -25 Page 33
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Appendix 1 Page 8 of 37 Graph 2: Child Protection Register The number of Initial Referral Discussion (IRDs), the mechanism for multi-agency information sharing and planning child protection actions, has fallen from a peak in May 2024. Multiagency working arrangements have tightened arrangements for ensuring IRDs are required and routine working together means effective information sharing for children and families already known to services. The number of IRDs and children are contained in Graph 3 below: Graph 3: Number of IRDs and Children Care Settings During the last two CSWO reporting periods, Care Inspection grades for fostering, adoption and adult placement services have been consistently good on how well we support people, leadership, staff, and care planning. Our children’s services partnership joint inspection of services for children and young people at risk of harm in Moray of January 2024 was adequate from which we have been delivering an Improvement Plan as set out below. 67 68 66 66 65 65 69 69 64 60 64 48 2 7 2 0 6 4 12 5 4 1 5 46 9 4 0 7 4 8 4 10 5 1 20 0 10 20 30 40 50 60 70 80 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Child Protection Register -2024 to 2025 Number on Register Number of Registrations Number of De-Registrations 0 5 10 15 20 25 30 35 40 Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar 18 9 6 9 4 6 5 14 2 8 6 1 36 40 22 23 16 12 20 33 10 24 13 11 No of IRDs & Children 2024-25 No. of IRDs No. of Children Page 34
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Appendix 1 Page 9 of 37 Our grades for Supported Lodgings in May 2024 were mixed (overall adequate) as outlined in Table 1 below: Table 1: Care Inspection Grades from July 2023 to March 2025 Service Completed Area inspected Grade Fostering 06-07-23 How well do we support people’s wellbeing? How good is our leadership? How good is our staff team? How well is our care and support planned? 4 – Good 4 – Good 4 – Good 4 – Good Adoption 06-07-23 How well do we support people’s wellbeing? How good is our leadership? How good is our staff team? How well is our care and support planned? 4 – Good 4 – Good 4 – Good 4 – Good Adult Placement Service (Continuing Care) 06-07-23 How well do we support people’s wellbeing? How good is our leadership? How good is our staff team? How well is our care and support planned? 4 – Good 4 – Good 4 – Good 4 – Good Partnership 23-01-24 Report of joint inspection of services for children and young people at risk of harm in Moray community planning partnership Adequate Moray Supported Lodgings 29-05-24 How well do we support people’s wellbeing? How good is our leadership? How good is our staff team? How well is our care and support planned? 3 – Adequate 3 – Adequate 2 – Weak 4 – Good In July 2024 work was undertaken on learning from complaints and five themes were identified: communication, timely actions, process and procedure, the voice of the child, and addressing power imbalance. The work demonstrated the themes were relevant to all the teams across children and families and justice services and two Learning from Practice development sessions were held on 14 and 27 November 2024, attended by 111 staff with good representation from all teams. An action plan was implemented which, at the end of the reporting period, evidenced significant progress in all areas and will be reported to MIJB in the next reporting period. Follow up activity including further development sessions are planned as we embed our culture of learning and development throughout the service. Page 35
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Appendix 1 Page 10 of 37 Children and Young People at Risk of Harm Based on external inspection, January 2024, improvement activity has focused on three key areas to ensure: • Children and young people at risk of harm influence service planning and improvement • Children and young people at risk of harm benefit from independent advocacy • The support and protection of young people at risk of harm from themselves or to others, or from risk in the community We have produced a, self-evaluation and continual improvement approach, introduced in the children’s services community planning partnership, including the third sector, supported by Moray Child Protection Committee. It has a programme of case file audits in children and justice services, learning from complaints findings, and single and multi-agency learning and development activities, moving to include partner services. It has a learning funnel to review and evaluate improvement requirements from various learning opportunities such as findings from complaints. The model will be rolled out across the whole social work and social care service once we have embedded the working mechanisms, and developed the key principles, and lessons from its introduction in children and justice services. Improvements in the participation of children and young people at risk of harm include: • Quarriers Moray Children’s Rights Service through a relational approach, promotes, protects, and upholds the rights of young people, ensuring their voices are heard and respected. Their contract has expanded to include independent advocacy for parents and carers. Compared to the previous contract, referrals for young people have increased by 290%, alongside 143 new referrals for parents and carers demonstrating their positive work and ability to meet demand. • They supported young people in 116 professional meetings, a 190% increase and provided advocacy for parents and carers in 90 meetings, ensuring their voices and rights are represented in key decision-making processes. They prioritise referrals from young people, parents, and carers subject to child protection measures and those looked after, offering immediate support. • A multiagency communication and engagement strategy, developed with children, young people and practitioners, February 2025, to increase awareness of the role and contribution of Moray Child Protection Committee (MCPC). • A draft multiagency practitioner toolkit for gathering the voice of the child Improvements in the support and protection of young people at risk of harm from themselves or to others, or risk in the community include: • A Protection from Serious Harm (PSH) process, from revised multiagency child protection procedures for coordinating multi-agency responses to safeguard Page 36
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Appendix 1 Page 11 of 37 children and young people from serious harm, exploitation, abuse, or criminal activity, creating safety plans and implementing protective measures. The first PSH meeting, October 2024, saw 60% of young people referred with a plan to reduce risk. Concerns for young people were shared early and support and planning put in place. Resultantly, well over 50% of plans have been stepped down due to a reduction in the potential for serious harm from collaboration with young people, their families, and partners. From evaluation, the process will be developed in the next reporting period, to further embed and improve the process, and the procedure will be updated accordingly. • Exploration of Contextual Safeguarding for young people at risk of harm from the community by shifting focus from the individual and family to environmental risks, promoting earlier support in harmful situations with effective responses. We have delivered initial awareness training sessions, with participants feeling more informed and having a better understanding of the approach. Since introducing contextual safeguarding, professionals, especially in police, social work, and education, have begun to view environments as sources of risk, fostering a more collaborative approach to addressing concerns. Several multi- agency discussions, led to active mapping of environmental risk and exploration of ways to reduce or disrupt those risks. Benchmarking has helped production of a draft partnership procedure. Scottish Child Interview Model (SCIM) SCIM focuses on gathering information sensitively from children in investigations, while prioritising their wellbeing. Child-centred, trauma-informed approaches, ensure children feel heard, validated, and secure. Interviewers are trained to build rapport, use age-appropriate communication, and employ supportive techniques. SCIM is fully implemented with regular reports via the national SCIM quality assurance and data framework. Between 1 April 2024 and 31 March 2025, 101 joint investigative interviews were held in Moray all conducted by the SCIM team with disclosures made by children in 89% of the interviews. Feedback is sought from children, where appropriate, for SCIM evaluation, from 1 April to 30 September 2024, the views of 14 younger children, up to 12yrs, and 17 older children, 13yrs and over, were gathered across the North East SCIM Team (Aberdeen City, Moray, and Aberdeenshire). Table 2 below provides important feedback themes from children involved (figures have not been broken down by authority due to low numbers for preservation of confidentiality) as follows: Table 2: SCIM Feedback from April to September 2024 SCIM Feedback: 1 April to 30 September 2024 Children 13 yrs and over Children 12 yrs & under ➢ 100% stated interviewers worked together with them ➢ 100% felt they had a choice with the interviewers ➢ 100% felt safe with the interviewers ➢ 72% were happy with how the interview process was explained, 21% were ok with the explanation ➢ 79% felt happy about speaking with the interviewers with the remaining 21% feeling ok Page 37
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Appendix 1 Page 12 of 37 ➢ 100% felt they could trust what the interviewers said to them ➢ 100% felt the interviewers helped them to tell their story ➢ 94% said they would be happy to talk to the interviewers again if needed ➢ 100% felt safe or happy in the room ➢ 100% would speak to the interviewers again Moray Bairns’ Hoose Partnership The successful application for 2025/26 Bairns’ Hoose Development funding was completed, February 2025, in collaboration with Police, Health, Social Work and Quarriers our commissioned children’s rights service provider. The application builds on learning from pathfinder sites and includes a test of change to align with Aberdeen City and Aberdeenshire project plans in 2025/26. The main project, awarded through the fund, focuses on establishing governance arrangements, conducting self-assessment against the Bairns’ Hoose Standards, and agreeing a long-term vision and delivery. It includes the installation of new fixed site Visual Recorded Interview (VRI) equipment for the Joint Child Protection Unit and a mobile VRI unit for joint investigative interviews offsite. To support service delivery, the application includes resources to supervise the existing SCIM team and enable coordination of trauma responsive plans for children to support their journey through the care, protection, and justice system. Moray also applied for 2025/26 Bairns’ Hoose Test of Change funding in February 2025 to include a Health Coordinator post and specialist Speech and Language service provision. Based on learning from other pathfinder sites, proposals were initially developed by NHS Grampian for Aberdeen City and Aberdeenshire. The successful Moray application will enable alignment and consistency for the SCIM team in all three authority areas and ensure equity of healthcare coordination and specialist SLT service provision for children and young people in Moray. Adults Localities Social Work Services East and West Community Care Teams support older people and those with physical and sensory disabilities. The teams provide longer term support including Adult Support and Protection (ASP) where a person is already known. They have a duty system for responding to people known to them in crisis, helping stabilise their situation, often related to ASP. They undertake care reviews to deliver outcomes and required changes in support are implemented. The Access Care Team receives referrals for people not already know to a social work team, including ASP, Police Concern Reports, NHS Public Protection Referrals, Scottish Ambulance Service, Scottish Fire and Rescue Service and the public. It filters referrals to the Care Teams who undertake inquiries, supporting people requiring short term support, perhaps in crisis. The Hospital Discharge Team supports people who require return home from hospital or a homely setting of their choice supported by social work services. The team supports Page 38
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Appendix 1 Page 13 of 37 ASP issues surfaced when people are in hospital. They consider community resources to support people home therefore, not relying solely on commissioned services. Housing Support (Care at Home) Moray has two “care at home” housing support services for adults with complex needs: Barlink House of Multiple Occupation, for four adults with learning disabilities and complex needs, and Woodview, purpose-built accommodation, providing care and support to 15 adults and one younger adult with complex needs, learning disabilities and autism. Staff also support people in their own tenancies in Elgin, Lossiemouth, Buckie and Burghead. The Care Inspectorate reviewed Woodview in October 2024 as outlined in Table 3 below: Table 3: Care Inspection Grades from October 2024 Service Completed Areas inspected Grades Woodview Housing Support 24-10-24 How well do we support people’s wellbeing? How good is our staff team? 5 - very good 4 - good Care at Home Provides personal care for people to live independently in their homes. It operates in an increasingly challenging environment, with high demand, a complex mix of needs, and recruitment pressures. Self-Directed Support (SDS) remains at the centre of how support is delivered, ensuring people have real choice and control over their care. In Moray, option 3 services were delivered by the in-house Care at Home team and by our partner provider, Care Quality Scotland (CQS). Weekly monitoring of unmet need continued to help us plan and prioritise, while the Strategic Care at Home Steering Group and Care at Home Review focused on sustainability, improvement, and closer alignment with the reablement pathway and setting up a Framework, supported by Scotland Excel. Table 4 below shows the service positions from February 2024 to February 2025: Table 4: Service Position February 2024 to February 2025 Provider Planned Weekly Hours Feb 2024 Planned Weekly Hours Feb 2025 Change % Internal Care at Home 3,871 3,819 −52 −1.3% Partner Provider 881 693 −188 −21.3% Total 4,752 4,512 −240 −5.1% Internal delivery remained broadly stable, supported by sustained recruitment and a stronger focus on retention. Partner provider hours reduced further due to staffing and operational pressures, but this continued to be closely monitored through weekly Care at Home Hub meetings. Quality and Improvement Page 39
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Appendix 1 Page 14 of 37 There was no Care Inspectorate inspection during 2024/25. To maintain the standards achieved previously, Area Managers carried out an internal review against the four Care Inspectorate themes: • How well we support people’s wellbeing • The quality of leadership • The strength of our staff team • How well care and support are planned This process led to improvements in care planning, induction evaluation, staff engagement, and resilience support. A new Wellbeing and Resilience Training course was introduced to help staff reflect on their own resilience, understand how it impacts their work, and build confidence in supporting individuals with traumatic behaviour. The supervision template was updated to ensure wellbeing discussions form a routine part of supervision. Behaviour Support Training was replaced with a more relevant course, Challenging Situations and Lone Working, focusing on de-escalation, empathy, communication, and safety when working alone. Proportionate Care (training and use of equipment) was explored allowing more tasks to be completed safely by a single carer, helping more efficient scheduling and care more person-centred care. Performance Weekly Care at Home Hub meetings and daily hospital discharge huddles continue to provide oversight of capacity, help manage risk, and support timely discharge from hospital. Internal services have worked closely with the external partner to stabilise provision and increase capacity where possible. Unmet need represents hours of assessed care not yet provided due to capacity limitations. Overall, unmet hours have fallen from peaks of 1,700 hours per week in mid- 2023 to 1,200 hours by early 2025. This reflects improvements in workforce stability, better co-ordination through the Care at Home Hub, and more targeted deployment of resources. Summary • Internal delivery remained steady despite ongoing system pressures • Retention improved • Partner capacity reduced but continued to be closely managed • Quality assurance and staff wellbeing remained key priorities Community Learning Disability Moray Council continues to make significant progress in delivering housing solutions for people with learning disabilities, aligned with the Strategic Housing Investment Plan (SHIP) 2025/26–2029/30. The Council has prioritised the development of specialist housing, including supported accommodation tailored to the needs of people with learning disabilities, as part of its broader commitment to inclusive and sustainable communities. In 2024/25, new learning disabilities housing developments have been advanced in partnership with HSCM, with a focus on community-based living and reducing reliance Page 40
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Appendix 1 Page 15 of 37 on OOA care and accommodation. These projects are designed to support individuals to live independently or with tailored support, close to family and social networks. The SHIP outlines a five-year investment programme, with dedicated funding streams from the Scottish Government and local resources to support delivery. Key achievements include: • Completion of new supported living accommodation in Elgin, designed for accessibility and person-centred care • A reduction in the number of individuals with learning disabilities placed in OOA accommodation, reflecting successful transitions back into Moray-based housing • Increased collaboration between housing, social work, and health teams ensuring effective oversight and planning • Integration of learning disabilities housing priorities into the Local Housing Strategy 2025–2030, with a focus on specialist provision, energy efficiency, and long-term sustainability These developments reflect commitment to delivering high-quality, inclusive housing supporting independence, wellbeing, and community connection for people with learning disabilities. Over the past year, significant progress has been made on the new Western Village housing development bringing the total number of learning disability support accommodation services in Moray to 21. Phase one of the project, comprising four bungalows, is now partially complete. Some people have successfully transitioned into their new homes, with other transitions scheduled to be completed in the coming months of the next reporting period. As part of phase one, the Community Learning Disability Team (CLDT) has worked in close partnership with the on-site care provider, Community Integrated Care, and the Digital Health & Care Innovation Centre (DHI) to embed Technology Enabled Care (TEC) in the service. Western Village is piloting the Arcangel system as part of a wider innovation project, aiming to enhance independence and safety through responsive, person-centred technology. This reflects commitment to digital transformation in social care, leveraging cutting-edge tools to personalise support, promote autonomy, and ensure real-time responsiveness to individual need. Phase two, a communal block of 13 flats, is expected to be completed by Spring 2026, with further transitions planned thereafter. Annual Health Checks for Adults with Learning Disabilities Delivery of Annual Health Checks for adults with learning disabilities continued to progress throughout the reporting period. In January 2025, a part-time nurse was appointed to lead this work, funded through government monies ringfenced for this purpose. Standard operating procedures and easy-read information have been developed to support understanding and encourage uptake among individuals. Working in partnership with administrative staff, the nurse liaised closely with GP practices to coordinate and deliver health check clinics within individuals registered surgeries, ensuring accessibility and continuity of care. Progress updates are routinely shared at local Clinical Care Governance meetings, and 32 health checks were successfully Page 41
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Appendix 1 Page 16 of 37 completed and 13 individuals were offered a health check but chose to decline; follow- up advice was provided, within the timeframe. Due to planning for new services, there has been a slow start; however, full implementation is expected in the coming months. Anticipated outcomes include improved health monitoring and early intervention, bringing excellent benefits for the people we support. Annual Health Checks are a key component in reducing health inequalities and ensuring equitable access to preventative care for adults with learning disabilities. Data gathered from these checks will inform future service planning and help shape targeted interventions to meet the evolving health needs of this population. Commissioning and Tendering Early in the next reporting period, two care contracts will be issued for tender: the Western Village and Greyfriars Close service. A key priority has been to strengthen the involvement of people and their families in decision-making. In line with best practice, co-production and inclusive procurement, individuals and their families were actively involved in evaluating service presentations and shaping the outcome. In September 2024 as part of the re-tendering process for an existing service, and in January 2025, as part of tendering for a new service, supported people and their families were invited to be part of the respective evaluation panel. Engagement was strong, with many family members involved in the tender processes. Feedback from participants was overwhelmingly positive, highlighting the value of inclusive commissioning practices and the importance of embedding lived experience into service design and selection. We shall develop this further with continued and greater representation of people receiving services in the future. Dynamic Support Register Moray Dynamic Support Register (DSR) is a proactive tool to identify and support people with complex needs who do not meet Adult Support and Protection (ASP) criteria but are at risk of support arrangements breaking down, hospital admission, or inappropriate OOA care. It enables early support and helps coordination of planning across agencies. The DSR has been embedded as a core process in the CLDT, with regular oversight through Resource Allocation Meetings (RMG), the CCGG and the Learning Disability Clinical and Care Group (LDCCG). This has led to more effective risk management and person-centered planning, reflecting Moray’s commitment to trauma-informed practice, defensible decision-making, and collaborative care. The register supports strategic commissioning and service improvement, ensuring individuals receive the right support at the right time. Between January and March 2025, a comprehensive review of the DSR procedure was undertaken, resulting in the development of a Moray-specific operational protocol. Work was informed by staff consultation across the Integrated Team and insights from Page 42
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Appendix 1 Page 17 of 37 the National DSR Peer Network. The DSR continues to be a vital tool in identifying and supporting individuals at risk of hospital admission OOA care. During this reporting period we have: • Supported people to return to Moray from OOA • Facilitated discharge of individuals from learning disability hospitals with enhanced monitoring to prevent readmission • Enabled people to achieve stability and positive outcomes while remaining in their communities Currently, the number of individuals actively supported through the DSR is low, testament to the achievements of the multi-disciplinary teams. Numbers should continue to be reduced as we progress the housing projects noted above. Budget Pressures and Efficiencies In response to ongoing financial pressures, we have worked collaboratively with commissioning colleagues and service providers to identify efficiencies and reduce costs where possible. Efforts are carefully balanced to minimise any adverse impact on people, ensuring quality of care remains a priority. Transformation includes: • Reviewing day services contracts • Increasing block contracts for clearer forecasting of expenses and payments • Increased expectations on day service providers to deliver more within constrained budgets As part of our review process, people have experienced reductions in care hours; implemented strategically benefiting from economies of scale in care and day service provision. Looking ahead, we will be exploring further changes in day service and transport provision, as well as overnight care models, to ensure sustainability and continued support for those with learning disabilities. Guardianship and Appointees Social workers in the CLDT act as delegated Welfare Guardian on behalf of the CSWO for 24 individuals, with a further 9 applications in progress, not counting renewals between 1 April 2024 and 31 March 2025. This represents a 22% increase of cases in progress from the previous year 2023/24, reflecting growing demand and complexity which has impacted the capacity available, as per below, for other statutory duties, such as care and guardianship reviews. The team serves as Department of Works and Pensions appointees for 28 people, who lack capacity to manage their finances with no alternative support, ensuring financial safeguarding for them. Short breaks Provision Unpaid carers in a learning disability context continue to play a vital and irreplaceable role in supporting people with learning disabilities. In recognition of their contribution, we remain firmly committed to upholding carers’ rights and ensuring they receive the necessary support to sustain their caring role. In 2024/25, our commissioned learning Page 43
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Appendix 1 Page 18 of 37 disability residential short breaks service delivered (estimated unpaid carers/known to service 401): • 712 nights of planned breaks • 238 nights of emergency breaks Individual carers also accessed a range of alternative short breaks through Self- Directed Support (Options 1 and 2), including support provided within the family home. Social Work Audit Process and Tool In the next reporting period there are plans for a new audit process tool and calendar which will support people receiving services and their families to provide direct feedback to the audit team on their experience of social work involvement. Appropriate Adult Service Moray Council’s Appropriate Adult Service has transformed into its statutory requirement with no change in the model of delivery. There are 28 Appropriate Adults practicing who are social workers, day center officers, or support workers employed throughout the social work service, including the three Out of Hours social workers. The service is managed by the Access Care Team, the point of referral, with an On-call Rota, for office hours with out-of-hour social workers available. The service is supported by a Consultant Practitioner in the Adult Protection Team with governance by the Practice Governance Board. A working partnership with Aberdeen City and Aberdeenshire has been a highlight of this reporting year with the Grampian network firmly established benefiting Moray given our size and capacity. Developments can be undertaken jointly to mutual benefit by shared resources and learning and development opportunities. This year there has been a recruitment focus and refreshed joint training with the Grampian network. Consequently, having trained 22 new Appropriate Adults, we significantly increased the pool on the rota. We established an Appropriate Adult Forum with the Grampian network to support learning and improve retention. Quality Assurance The Care Inspectorate required all local authorities to submit core assurances which was helpful in focussing wider than direct day to day service provision. An Improvement plan has been developed with progress being reported to the Practice Governance Board. Improvement work will focus on the following in the coming year: • Feedback from people who received the service • Feedback from Appropriate Adults • Local policy developments from new statutory guidance Provision of an Appropriate Adult Requests in 2024/25 were positively met with 113 requests for 109 people. Most people requiring support were white; male (61) female (42) and transgender (2); most had a Page 44
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Appendix 1 Page 19 of 37 learning disability or a learning disability and mental health conditions; 14% had a combination of types of mental disorder. Police procedures prompting requests for an Appropriate Adult were mainly for interviews (not officially accused) or statements from victims or witnesses, which combined, amounted to 46 people, with 26 people subjects of multiple procedures (almost a quarter) which may have included cautions and charges, and a small number for DNA/Fingerprints/photographs and other matters. Adults with Incapacity Some adults need help making decisions because of a mental health condition or because they cannot communicate their wishes. The Adults with Incapacity (Scotland) Act 2000 protects people in these circumstances. Guardianship arrangements can be sought allowing another person to make decisions on behalf of an adult with incapacity ensuring their welfare and financial matters are managed. In 2023/24 Guardianship referrals decreased to 62 after a 3-year trend of increasing rates, a decrease of 27%. In 2024/25 requests numbered 61 including 38 Private applications and 23 referrals for Local Authority Applications. In 2025 there are 284 existing private welfare guardianships in Moray, 71% (170) of which sit within the category of Learning Disability. Pie Chart 1 below shows Private Welfare Guardianship categories: Pie Chart 1: Private Welfare Guardianships by Category There are 45 CSWO welfare guardianships in existence, each overseen by a delegated guardian with 56% (25) managed in the Learning Disability Service. Pie Chart 2 below shows the categories of Local Authority Welfare Guardianship: Number of Private Welfare Guardianships by category Learning Disability 16-17year olds community care Mental Health Page 45
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Appendix 1 Page 20 of 37 Pie Chart 2: Local Authority Welfare Guardianship Categories In 2025 a change in policy was agreed at Practice Governance Board to cease or vary S10 supervision as per regulations (2014). Previous policy had been to strive for best practice and to supervise all welfare guardians on a yearly basis, which has been unachievable. The policy change, new process, and S10 guidance, allows prioritisation of guardians requiring more frequent supervision ensuring best practice prevails. Mental Health Orders Are governed by the Mental Health (Care and Treatment) (Scotland) Act 2003, which provides the framework for compulsory treatment and the rights of individuals with men tal health conditions. Table 4 below shows the range of mental health orders and the trend in Moray from 2021/22 to 2024/25: Table 4: Mental Health Orders Trend from 2021/22 to 2024/25 Mental Health Order 2021/22 2022/23 2023/24 2024/25 Emergency Detention Certificates (Numbers of EDCs in brackets show no MHO consent) 17(8) 23(10) 21(8) 14(11) Short Term Detention Certificates (STDC) 66 60 85 74 Compulsory Treatment Orders (CTO) 18 11 26 28 Compulsion Orders (CO) 2 1 0 0 There was an upward trend in STDCs in 2023/24 and a decrease in 2024/25, still higher than previous years. Positively, there was a decrease in EDCs, given best practice for a more planned approach when using compulsion in emergencies. There continues to be an increase in CTOs from which it is not possible to draw definitive conclusions given annual fluctuations and the small numbers involved. Data collection and reporting are improvement areas in collaboration with partners to address areas where a deeper dive is required. Audit, Quality Assurance and Improvement Activities The gateway to mental health compulsory treatment is expected to be through Short Term Detention Certificates rather than Emergency Detention Certificates. In 2024/25 there were 14 EDCs, 11 with no MHO consent. For 6 of those without consent, there Number of Local Authority Welfare Guardianships by category Learning Disability 16-17 year olds Community Care Mental Health Substance Misuse Page 46
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Appendix 1 Page 21 of 37 was opportunity to have involved an MHO in the assessment. The EDCs were all out-of- hours, and two Moray-based individuals were assessed at Aberdeen Royal Infirmary. Grampian wide collaborative work was undertaken to reduce EDCs without MHO consent, outlined in Improvement Area 1 below: Improvement Area 1: MHO Developments • Updated mandatory training including guidance on the role of MHOs • Revised Guidance for GPs • Mental Health Act Status alerts now used consistently across all sites • Det1 forms now routinely shared with relevant Local Authorities by the Records Department • Recording systems better utilised in Aberdeen City to record EDCs without MHO consultation, supported by updated staff guidance To support improvement and practice development the MHO workforce is planning a peer audit of Adults with Incapacity reports in the next reporting period. This will support consistency, maintain best practice, and contribute evidence to continued MHO professional case discussions. Since 2023/24 an MHO Service Improvement Plan has been in place to focus activity, define, and capture progress. To date, a range of positive actions have been achieved as outlined in Improvement Area 2 below: Improvement Area 2: MHO Improvement Plan Outcomes • An improved standard template for SCRs • A successful MHO Development Day • Advent of MHO Peer Groups now meeting regularly to discuss practice issues • Improved Mental Health Act performance data • Improved AWI case recording utilising innovative recording systems • Agreed governance arrangements for MHO service through Practice Governance Board • Revision of the MHO delivery model freeing up capacity • Work to increase the number of statutory reports for Relevant Events and reduce the number of “missing” reports • Implementation of policy and guidance for S10 supervision Self-directed Support SDS allows individuals maximum choice and control over how their support is planned and provided within a legal framework. There are four main options: • Option 1 - Direct Payment - the individual receives money from the local authority to arrange and pay for their own support, being in control of how the budget is spent • Option 2 - the individual chooses the support they want to meet their outcomes, and the local authority manages the budget on their behalf, offering flexibility without their need to manage the funds directly • Option 3 - the local authority arranges the support and services on behalf of the individual, suitable for individuals preferring not to manage their own care arrangements • Option 4 - the individual combines any of the options above to meet their care and support needs Page 47
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Appendix 1 Page 22 of 37 Option 1: Direct Payments Approximately 270 people have chosen this option, with many employing one or more of the 480 Personal Assistants (PAs) working in adult and children services. This regularly means being supported by someone they know and trust, fitting their routines and preferences, in a range of social, care, and practical areas of need. Others utilise Direct Payment in flexible ways to support independence and wellbeing by purchasing equipment, commissioning care from providers, arranging befriending support, or funding activities which help them stay active and included in community life. We are working closely with the National PA Programme Board to strengthen the role of PAs and ensure they feel supported and valued. Involvement in subgroups focus on wellbeing, recruitment, and training, as well as updating the PA Handbook and preparing for new PVG guidance, April 2025. Aims are to create the right conditions for PAs to thrive, so the people they support continue to benefit from consistent, high- quality relationships. Option 2 & 3 We are developing a Community Asset Flexible Framework to make it easier for people to access a wide range of local supports and services. By embedding the National SDS Standards, this approach aims to expand the options available in Moray and give people even greater choice and control in how they shape their care. Day Opportunities Work of the Day Opportunities Team continues to complement SDS by working alongside individuals, families, and unpaid carers through a strength- and asset-based approach. Focus is on helping people to reconnect with their communities, build on existing strengths, and access more formal supports. The team supports the provision of regular short breaks for unpaid carers, recognising their crucial role and the importance of sustaining their own wellbeing. Unpaid Carers Play a vital role across Moray, providing essential day-to-day care and support to family members, friends, and neighbours. Their contribution enables people to remain at home, prevent avoidable hospital admissions, the cornerstone of the local health and social care system. We remain committed to ensuring carers are recognised, valued, and supported, with timely access to appropriate support in line with the priorities set out in Moray’s Carer Strategy 2023–2026. As of 31 March 2025, the commissioned carer support service, Quarriers, had a total of 1,188 adult carers and 198 young carers registered. During the reporting period of January to March 2025, they received 84 referrals for adult carers, including 58 new registrations. In the same period, 118 young carers were referred, with 45 newly registered for support. Throughout 2024/25, we have continued to work collaboratively with carers, families, and community organisations to enhance support in alignment with the Carers (Scotland) Act 2016 and our local strategy. Key developments include: Page 48
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Appendix 1 Page 23 of 37 • Revision of the Adult Carer Support Plan (ACSP): Work is underway to redesign the ACSP to adopt a more holistic, relationship-based, conversational approach, moving away from a perceived “tick-box” format, to better reflect carers’ lived experiences • Amendment to the Commissioned Carer Support Contract: Following comprehensive evaluation, the contract with Quarriers was amended in January 2025. HSCM now holds responsibility for the completion of ACSPs and Young Carer Statements (YCS), enabling more timely and parallel support. Resultantly carers feel more recognised, valued, and supported. • Awareness Raising Initiatives: The Unpaid Carers Team has partnered with Elgin Health Centre to improve identification and support of unpaid carers. This included staff training, revised recording practices, and increased visibility of available supports. Work has commenced on developing a distinct Carer Aware branding campaign to raise awareness of unpaid carers across Moray. Short Breaks for Unpaid Carers A total of 126 unpaid carers (109 adults, including 49 parent carers; and a further 17 young carers) were supported to access a short break through the Time to Live awards administered by Shared Care Scotland, funded through the Scottish Government. Other short breaks included: • 7 adult carers and 1 young carer enjoying “Respitality Breaks” supported by Shared Care Scotland • 50 unpaid carers accessing sound bath sessions supporting their wellbeing • 34 unpaid carers accessing therapy sessions at a minimal fee • 12 young carers enjoying a Hopscotch funded residential break with the William Grant Foundation funding meals and extra clothing requirements, and Quarriers Children’s Fund paying for rucksacks, and Moray Council contract funding staff and volunteers • 5 young carers attending the Scottish Young Carer’s Festival • 22 young carers enjoying activities enabling a break from their caring role funded by donations • 12 young cares enjoyed a trip to the pantomime in December 2024 • 9 young carers attended the Carers Trust Young Carer Action Day consisting of a 3- day art workshop Adult Support and Protection Data and Performance In 2024/25 the ASP Data and Performance Subgroup, led by Social Work Services, including colleagues from across the ASP partnership, had oversight of data. Focus was on embedding robust recording systems to ensure the mandatory ASP National Data Set requirement. Quarterly data analysis is undertaken for reporting to the Adult Protection Committee (APC) which agrees exploratory and analytical work as required. Page 49
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Appendix 1 Page 24 of 37 The Subgroup has oversight of quality assurance activity including single agency scrutiny, referral audits, ‘screening’ activities, and multi-agency audits of Initial Referral Discussions (IRDs) and ASP Conferences. The Access Care Team, single point of contact for all ASP referrals, received 971 referrals in 2024/25, a 5% increase from 2023/24. Due to improvement work, there has been an increase in referrals from 2021/22 to the current reporting year. With the advent of the National Data Set we have compared data with other local authorities, however, nationally there are some differences in how the data is collated locally within ASP partnerships. The ASP upward referral trend is shown in graph 4 below: Graph 4: ASP Referrals trend from 2021/22 to 2024/25 Referral and inquiry rates have increased in this reporting period, with a decrease in Case Conferences and Reviews as adults are not subject to ASP processes for longer than they need to be. IRDs are fully embedded in practice as sighted as a national exemplar in our Care Inspectorate ASP Progress Review. Published on 29 October 2024, the review evidenced substantial improvement in supporting and protecting adults at risk of harm. Our improved performance has resulted in clear protection planning and risk reduction to support adults, diverting them from formal ASP process, showing our work supports the least restrictive principle. The ASP activity percentage changes, plus or minus, over the last two years are shown in Table 5 below: Table 5: ASP activity from 2023/24 to 2024/25 Adult Suport and Protection 2023/24 2024/25 Percentage Change % ASP Referrals 923 971 Plus 5% ASP Intial Referral Discussions 127 148 Plus 14% ASP Investigations 70 74 Plus 5% ASP Case Conferences 38 33 Minus 13% ASP Case Conference Reviews 69 67 Minus 3% 0 20 40 60 80 100 120 ASP Referrals trend from 2021 to 2025 2021/22 2022/23 2023/24 2024/25 Page 50
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Appendix 1 Page 25 of 37 Quality Assurance, Self Evaluation and Improvement Activity To support ASP investigatory processes our Grampian partnership, introduced a Capacity Pathway for Protection Based Decisions. This was fully supported by the Moray Adult Protection Committee with the work integrated into the ASP multi-agency improvement plan. It provides clarity of practice for those requesting capacity assessment and those completing them, alongside the established Grampian Decision Specific Capacity Screening Tool, fully refreshed and reviewed in June 2024. Implementation has included ‘on demand’ video briefings, and changes to core ASP training for partners. We introduced a Multi-Agency Chronology Template for investigative processes, a catalyst for further improvement activity of chronologies, as outlined in Improvement Area 3 below: Improvement Area 3: Chronologies Improvement Activity • Cross-referencing chronologies in Investigative documentation templates – further setting out the clear expectation chronologies are a core component of ASP practice • Formalising discussion on chronologies in ASP Case Conference agendas – setting expectation in our systems that chronologies are standard practice • New practice where completed chronologies are updated/refreshed as part of our ‘core group’ meetings. This ensures that chronologies are a dynamic and live document through the life of an adult at risk’s ASP journey. • Specific learning sessions held as part of the ASP Forum calendar of events – supporting staff to effectively complete chronologies. Moray ASP Lead Officer is chair of the National Chronologies Group. As national work in this area comes ‘on stream’, Moray is well-equipped to integrate these developments into local practice. Significant work was undertaken to improve the consistency and quality of our risk assessments in ASP practice as detailed in Improvement Area 4 below: Improvement Area 4: Risk Assessment Improvement Activity • Integration of risk identification and control measures in the body of our investigatory paperwork • Completion of a multi-agency risk assessment formally discussed and then finalised in the ASP Case Conference • Risk assessment reviews in Case Conference Reviews, and ‘between’ such formal meetings, via ‘core group’ arrangements • Introduction of (as part of Grampian wide work) a Multiagency Risk Assessment Training Workshop. This popular and well evaluated course allows police, health and social work staff to learn and share risk assessment practice collaboratively. We have created a clear, accessible protection and action plan for adults deliberately written in accessible language. As outlined in Improvement Area 5 below, Protection Plans within Moray are now: Page 51
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Appendix 1 Page 26 of 37 Improvement Area 5: Protection Plans Improvement Activity • Fully discussed and agreed at ASP Case Conferences multiagency wise • Discussed and agreed with the adult at risk • Updated regularly in ‘core groups’ so they remain relevant and up to date These improvements have also been seen and experienced by our practitioners and the people we support. During consultation we received very positive feedback from parents and Council Officers. Moreover, the Progress Review found Moray had made significant progress in all seven areas recommended in the 2022 joint inspection. Key findings included: • Consistent application and delivery of key processes. Practitioners were noted to be confident and highly professional and followed the multi-agency adult support and protection procedures meticulously • Investigations were carried out for all adults at risk who required them. Almost all Investigations were rated good or better (85%) • Adults at risk of harm had in place a Chronology. 80% of Chronologies were rated good or better, which is a significant improvement from 39% in 2022 • The Quality of Risk Assessments and Protection Plans had improvement significantly • Case Conferences were found to be carried out effectively. The right people from partner agencies prioritised attendance. Almost all Case Conferences were rated good or better for quality • Initial Referral Discussions (IRDs) were found to be of an exemplar for the sector • The Adult Protection Committee (APC) and Chief Officers Group (COG) exercised sound and effective multi-agency governance over the delivery of improvements to adult support and protection • The partnership had a cohesive programme of multi-agency audits and quality assurance activities. These included involvement from front line practitioners. The Progress Review highlighted areas of further improvement with progress noted in our ASP multiagency improvement plan. Moray’s Interagency Vulnerable Adults Process (MIVA) initiated in 2022, has been implemented. MIVA is a supportive, collaborative framework involving adults in a person-centred process. Resultantly there has been a significant decrease in Police Concern Reports for adults involved, which features in collaborative Workstream 4 led by the Joint Care Inspection Team. Following expression of interest, we were invited to undertake a piece of supported self-evaluation using the ASP Quality Indicator Framework S5.7: “Effective support & early intervention for adults with escalating risks for whom a straightforward application of the three-point criteria is difficult to apply” In 2024 a new Quality Assurance Audit Tool: the Adult’s Journey, was developed for better analysis of data over the entire ASP process helping the reviewer consider the adult’s whole experience. The Consultant Practitioner Team is testing the tool in practice to make further improvements from ‘live’ feedback and practical usage. Page 52
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Appendix 1 Page 27 of 37 Learning and Development in ASP We have refreshed the Council Officer training across Grampian with revised codes of practice in the training calendar delivering various training initiatives internally and externally including Eventbrite for participants all supporting improvement work. Feedback has been positive e.g. our Self-Neglect and Hoarding session led to a Short Life Working Group to produce practitioner guidance. The new Moray ASP Learning and Development Subgroup progresses multiagency learning needs, the ASP forum meet 6-weekly, re collaborative practice, training and awareness raising activities. ASP Referrals We have experienced a significant increase in the volume of ASP referrals and across Grampian, developed a ‘Response to the Increase in ASP Reporting’, to manage the increase. This led to a full refresh of the Multiagency Thresholds Guidance, approved by the APC in June 2024, supporting practitioner’s judgements on what type and nature of incidents should be subject to ASP reporting including guidance on actions to support vulnerable adults and reduce risk. Anti-racism We have been working closely with the police to support communities when introducing New Scots who have been well received, and many have been embraced by our care experience community. Any specific issues of racism affecting children and adults would be addressed in their support and care arrangements. There have been two minor incidents of racial behaviour in 4 years regarding our New Scots which happened in school. Through work with the respective schools, matters were addressed directly with the young people who made the comments, their parents were made aware, and such behaviour was robustly challenged in the school assembly. Community Justice Justice Services Deliver services, including statutory Justice Social Work functions for support and supervision of people who have committed offences and are involved in the Court or prison system. The governance of Justice Social Work in Scotland is a multi-layered system involving local and national bodies. Locally the Community Justice Partnership co-ordinates a plan to reduce reoffending in which the local authority plays a key role in delivering. Moray’s Community Justice Outcome Improvement Plan (CJOIP) 2024-2029 was launched in 2025 with attendance and presentations by people with justice system lived experience. Nationally, Community Justice Scotland is the leadership body which oversees local performance, reports can be accessed by the public alongside Moray’s annual report which is published locally. Relationships between Justice Social Work and the local Sheriff Court continue to be strong with good communication and regular meetings to identify and resolve issues. A Court pack is in development to provide an overview of the services provided by the local team and local updates. This will be available electronically on the Moray Protects website Moray-Court Information Pack in the next reporting period. Page 53
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Appendix 1 Page 28 of 37 In many cases prior to sentencing, the Courts will request a Justice Social Work Report to assess risk, identify interventions required and detail potential disposals. In 2024/25 there was a slight increase of 7% in the number of reports being requested. Of these reports there were 634 Community Payback Orders (CPO) imposed which is a 12% increase from 561 in 2023/24. In 2024/25 there were 10 Drug Treatment Testing Orders (DTTO) imposed, more than double the year prior. There is close working links between Moray Integrated Drug and Alcohol Team and Arrows, a third sector support service, to provide comprehensive support to individuals subject to a DTTO. The unpaid work service currently runs six days per week, with an increasing demand noted over this year for Saturdays. In addition to group work provision there has been a drive to increase the individual placement availability and at the end of March 2025 there were opportunities available in 9 third sector and charity agencies across Moray. A female only group has been further developed which supported individuals to identify and reach specific goals during their time on unpaid work as well as benefit local communities. We continue to work in partnership with Moray Food Plus in growing and distributing produce from our polytunnel site with the space used for group activities outside the winter months. There are two group opportunities for individuals in the service, the Women’s (RISE) and Men’s (SWITCH) groups. These are community justice-focused, trauma informed, and person-centred to effectively address individual needs while promoting rehabilitation and enhancing community safety. This approach benefits participants by creating trust, reducing reoffending and supporting long-term positive change. Participation is voluntary and is available to people at any stage of their journey within the justice service. It involves a range of community partners to enhance the support available out with the justice system. There has been an increase in work undertaken on bail supervision which created higher workloads. In 2024/25 there were 218 bail assessment suitability reports completed which converted into 56 bail supervision requirements being imposed. This is a significant increase from 2023/24 where 128 assessments were completed, and 29 bail supervision requirements were imposed. Reflective engagement with the local Court and Procurator Fiscal is aimed to improve early identification of assessments being required to allow the Court to be advised of key information in a timely manner. Work will be developed in the next reporting period. Service improvements have included developing partnership approaches to support women and men in the Justice system. A pilot funded with third sector ring fenced funding, involved direct access to counselling via referrals from the Justice Social Work team to Crossreach Counselling. Evaluation was completed with agreement for three further counselling blocks where up to 5 individuals can be referred at a time. Page 54
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Appendix 1 Page 29 of 37 For men who commit sexual offences, we can deliver the Moving Forward to Change programme. During 2024/25 the number of individuals subject to Multi Agency Public Protection Arrangements (MAPPA) has remained consistent with the previous year with Justice Social work being lead agency for approximately 25%. There have been no under 18’s subject to MAPPA, with most individuals being aged 31-40. Together with our neighbouring local authorities there has been attention paid to the over 70 age range linking with adult services to ensure safe and appropriate arrangements of care and support when required. The team has undertaken the screening and essential training for the delivery of the Caledonian System. Specific training for the women’s social worker and children’s social worker is due to run later in the next reporting period given recruitment to these posts was successful. Youth Justice The team supports 16 and 17 year-olds, for diversion from prosecution, those appearing in Court and remanded or sentenced to secure care. Staff assess and support families where the child has, or is at risk of, coming into conflict with the law. In the early part of the reporting period, we had had one young person in secure care provision, as a direct alternative to prison, and we now have no one in secure provision. The Youth Justice team has undertaken new and refresher training during 2024/25 for the START:AV and AIMs-3 assessment models. In addition to this they continue to work closely with the Children and Young People Centre for Justice (CYCJ) and have benefited from an in-person team development session aimed at identifying strengths and areas of improvement, taking into consideration the content of the Children’s Care and Justice Bill. During 2024/25 an average of 30% of young people in Youth Justice were identified as care experienced. There remains a continued commitment to reducing this number through early intervention and partnership working. Close links are in place with and between our local children’s houses and the Social, Emotion and Behavioural Needs Service provided by education. There have been 52 children and young people referred to the Scottish Children’s Reporter Administration (SCRA) during 2024/25 on offence grounds, a slight reduction from 2023/24. 17% of those were females showing it continues to be young males who require the highest level of support in respect of conflicting with the law. The most common offence reported over 2024/25 continues to be vandalism, followed by assault and theft by shoplifting. 3. Resources Financial Resources Year 2024/25: Adult Social Work and Social Care = total: £67.6M Children and Families (inc. Youth Justice) Social Work = total: £17.134M Page 55
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Appendix 1 Page 30 of 37 Justice Services Social Work = total: £1.435M (Justice social work services are funded through Scottish Government ring-fenced grant in line with Section 27 of the Social Work (Scotland) Act 1968, as amended). Whole Family Wellbeing Fund for children’s services community planning partnership = total: £524 for 2024/25 and £619K which has increased for financial year 2025/26. The number of families supported by social work services are contained in Table 6 below: Table 6: Open Cases Open Cases as at 31 March 2025 Team Caseloads Children’s Access Team 114 Children and Families West Team 201 Children and Families East Team 102 Youth Justice 43 Throughcare and Aftercare 69 Children’s Disability Team 80 Justice Services 496 Access Community Care Team 98 Community Care Team East 662 Community Care Team West 1049 Hospital Discharge Team 120 Community Learning Disability Team 419 Mental Health Team 288 TOTAL 3741 4. Workforce There is a national shortage of qualified social workers in Scotland impacting service delivery in Moray with vacancies in Localities Social Work, notably in Children & Families. Social Care staff are also in demand with statutory, private and third sector providers in Scotland reporting significant recruitment issues. Number of operational social work posts: Adult Services: 45.29 Whole Time Equivalent (WTE) Children and Families: 63.33 WTE Justice: 13.4 WTE Out of Hours: 2.75 WTE In 2024, Moray Council launched a new Social Worker in Training (SWiT) Scheme with MHSC and Robert Gordon’s University, to “grow our own” by converting vacant social worker posts into fully funded training opportunities. Successful candidates receive Grade 7 salary, and full university fees, while completing their Honours Degree by distance learning. This year, 2024/25, we have successfully recruited six SWiT into previously hard-to-fill vacancies. Page 56
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Appendix 1 Page 31 of 37 Supporting Newly Qualified Social Workers (NQSW) Definitions of employer support is mandatory, to create a framework from qualifying education to advanced practice for all social workers and social work employers in Scotland. The Supported Year provides an infrastructure for social worker employer support from education to work. Work is advanced for structured support early in the next reporting period. During 2024/25, training sessions and workshops on the 4x4x4 supervision model were delivered to all adult social work teams, adult day services, social care teams and the occupational therapy team. A total of 168 practitioners undertook the training with surveys showing the model is generally well understood and valued. In Scotland there are challenges in growing the Mental Health Officer (MHO) workforce to meet demand. There are 15.3 WTE practising MHOs in Moray (only 1 WTE MHO has a dedicated post). It is approximated for WTE capacity in a week, Moray has 3.06 WTE MHO undertaking dedicated MHO work. Moray will continue to support up to two MHO candidates. It is likely retirement will reduce the workforce soon given the age profile of MHOs, with 7 being over the age of 60. Plans have been developed for a test of change to increase capacity in the next reporting period using underspend on the remaining MHO capacity fund provided by Scottish Government to increase capacity Between April 2024 and March 2025, 50 new staff joined the Care at Home service and 49 staff left. The overall retention rate for the year was 82%, an improvement from 79% the previous year. The reasons for staff leaving are contained below in Graph 5: Graph 5: Reasons for leaving The main reasons for leaving were family or personal circumstances (21), new jobs (14), and retirement (10). Recruitment activity has continued throughout the year, with regular induction programmes held every two months. 0 5 10 15 20 25 21 14 10 2 2 Reasons Employees Have Left Care at Home Service 24/25 Page 57
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Appendix 1 Page 32 of 37 5. Looking Ahead Moving into the next reporting year, the external environment will continue to place a strain on resources and increased demand is likely to continue. We know that children growing up in homes where there is poverty, domestic abuse, substance use, or mental health problems, are at a higher risk. When combined with the existing strain on local services (Audit Scotland on IJBs, 2024), the implications for children are significant. The landscape of safeguarding and child protection is changing and although practice is improving in some areas, statutory funding is stretched to keep up with increased demand. There is a national shortage of foster carers, rural care at home provision and complex learning disability living resources, which will continue to impact budget, pressure on staff, individuals and families. Developments detailed above will contribute to a solution. Kinship Care figures have been like those for 2023/24 although we aim to increase this as part of the work to keep children at home with their families. In the movement of kinship carers arriving and departing in 2024/25 by the end of the year, there were larger groups of brother and sisters in kinship care with fewer households, meaning the number of children in Kinship care was only one less than in 2023/24 = 39 compared to 40. In the next reporting period, we shall review our health and social care partnership structure to ensure effective management and structural arrangements, within our resource capacity. To operate in the most efficient manner possible seeking flexibility and agility, in functioning within the current public services landscape. Our services access arrangements require examination, as part of the above structural review, to ensure services are built around the needs of people as opposed to people being processed around the needs of the structure. Taking account of the importance of relational social work, continuity of service from the outset, early diversion and prevention. Moving into the next year, we are building on the findings of the social work governance national thematic inspection, Care Inspectorate, June 2025. More specifically, the social work and social care governance framework we have introduced across the workforce. We are embedding this work with review to demonstrate the effectiveness of our arrangements. In 2024/2025, the Commissioning Team focused on embedding the improvements identified in the external audit conducted by KPMG in February 2023. The focus was ensuring each contract received consistent scrutiny and follows a standard process, as well as supporting operational staff in better understanding commissioning policies and procedures. The team has also fostered an inclusive culture in commissioning, whereby individuals who will receive services are included on the Tender Panel and are responsible for scoring the presentation element. This supports Moray’s aim of achieving ethical commissioning practices. Page 58
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Appendix 1 Page 33 of 37 The Commissioning Team has ensured that 90% of contracts are reviewed, current, and signed. The remaining contracts are undergoing thorough reviews, with decisions being carefully considered to ensure alignment with HSCM’s strategic aims. In the coming year, the Commissioning Team will be developing a Community Asset Framework to enable providers, from sole traders to large service providers, to offer services which meets individual outcomes in more imaginative ways. This initiative supports HSCM’s goal of empowering communities and reducing reliance on traditional services. Functional Family Therapy (FFT) continued to be embedded within the Children and Families services throughout 2024/25, during which 32 referrals were received. It was previously identified that younger children could benefit from the service. As a result, referrals are now accepted for children aged 8 and above, whereas previously the minimum age was 11. The Commissioning Team is actively monitoring families who have completed the programme at regular intervals to assess whether the service is achieving its core aim: supporting families to remain together. Outcomes for families who receive the service are generally positive. However, in some cases, referrals were made when families were already at crisis point, which reduced the effectiveness of the service. The service is currently operating under capacity, with immediate availability for new referrals. Commissioning has noted 12 unplanned exits from the programme, while 20 families have completed the programme successfully. A review of all family support services is underway, with a view to introducing new services from April 2027. Page 59
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Chief Officer, Health and Social Care Moray Author: Isla Whyte Contact Email: isla.whyte@moray.gov.uk Subject: Moray Integration Joint Board Chief Officer Update 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Council of the latest approved minute of the meeting of the Moray Integration Joint Board and to provide an update on the MIJB revenue budget position at Quarter 1, 2025/26. 1.2 This report is submitted to the Council in terms of Section II of the Council’s Scheme of Administration relating to the Moray Integration Joint Board. 2. SUMMARY 2.1 The MIJB Chief Officer Update report aims to provide a summary of key business addressed by the MIJB, since the last update provided to the Council on 27 August 2025. 3. RECOMMENDATIONS 3.1 It is recommended that Council consider and note the contents of this report. Isla Whyte Corporate Business Support Manager 4. BACKGROUND AND CONTEXT 4.1 The MIJB was established on 6 February 2016 under the terms of the Public Bodies (Joint Working) (Scotland) Act 2014 with full delegation of functions and resources to enable integration of primary and community health and social care services effective from 1 April 2016. The MIJB is a separate legal organisation and acts as principal in its own right. 4.2 The principal ambitions of health and social care integration are to: • Support the improvement of the quality and consistency of services for patients, carers, service-users, and their families. • Provide seamless, joined-up quality health and social care services in order to care for people in their homes or a homely setting where it is safe to do so. Item 7. Page 61
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• Ensure resources are used effectively and efficiently to deliver services. 5. PROPOSALS 5.1 The approved minute from the MIJB meeting held on 19 June 2025, which was accepted as a correct record of the meeting on 25 September 2025, can be found at Appendix 1. A few key highlights from the meeting for the the Council to note were, the MIJB 5.2 19 June 2025 • Noted a report by the Chief Financial Officer on the unaudited financial outturn for the core budgets for the financial year 2024/25, and the impact this outturn will have on the 2025/26 budget. • Approved for issue revised Directions, to NHS Grampian and Moray Council, in accordance with the updated budget position. • Approved the unaudited Annual Accounts to be submitted to the external auditor, noting that all figures remain subject to audit. • Noted the Annual Governance Statement contained within the unaudited Annual Accounts. • Approved the updated Local Code of Corporate Governance which supports the Annual Governance Statement. • Approved the proposed reduction in the number of formal Board meetings from 18 to 15 per year. The revised meeting scheduled aims to reduce the number of meetings held on the same day, minimising member fatigue, and enhancing the strategic focus of meetings. • Noted the draft Annual Performance Report (APR) 2024/25 and noted the National Indicator information will be updated in July. Approved the publication of the APR by 31 July 2025, following approval of the final version by the Chair and Depute Chair. • Noted a report by the Service Manager, Provider Services, providing an annual update on the implementation of the Moray Unpaid Carers Strategy. The Board acknowledged the progress made in delivery of the Strategy’s objectives. • Approved a two-year extension to the current Moray Carers Strategy 2023-26, extending its term to March 2028. 5.3 MIJB Revenue Budget Monitoring Quarter 1, 2025/26 • The MIJB received a report by the Chief Financial Officer at their meeting on 25 September 2025, which detailed the revenue budget reporting position as at 30 June 2025. This report is attached for your information at Appendix 2. 5.4 MIJB reports, meeting minutes and webcast library can be viewed here. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Page 62
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Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal Public Bodies (Joint Working) (Scotland) Act 2014 6.4 Financial There are no financial implications arising specifically from this report. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk There are no risk implications associated with this report 6.6 Staffing Page 63
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There are no staffing implications arising from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising from this report. 6.8 Property There are no property implications arising from this report. 6.9 Information Communications/Technology/Digital There are no ICT implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact An Equalities Impact Assessment is not required as there is no change to policy and procedures resulting from this report. 6.11 Climate Change and Biodiversity Impacts There are no climate change or biodiversity implications arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Corporate Manager and Chief Financial Officer and any comments made have been incorporated into the report 8. BACKGROUND PAPERS 8.1 Available online. Page 64
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MINUTE OF MEETING OF THE MORAY INTEGRATION JOINT BOARD Thursday, 19 June 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Mr Ivan Augustus, Councillor Peter Bloomfield, Mrs Sheila Brumby, Mr Sean Coady, Ms Sonya Duncan, Councillor Elaine Kirby, Councillor Scott Lawrence, Dr Robert Lockhart, Mr Jim Lyon, Mr Derick Murray, Ms Deborah O'Shea, Ms Judith Proctor, Mr Sandy Riddell, Mr Dennis Robertson, Mr Alex Stephen, Councillor Ben Williams APOLOGIES Professor Duff Bruce, Dr Adam Coldwells, Ms Jane Ewen, Ms Karen Greaves BEM, Ms Deirdre McIntyre, Ms Elizabeth Robinson IN ATTENDANCE Corporate Programme Manager; Self-Directed Support and Unpaid Carers Team Manager and Caroline O'Connor, Committee Services Officer ALSO IN ATTENDANCE Councillor Tracy Colyer 1. Chair The meeting was chaired by Councillor Elaine Kirby. 2. Declaration of Member's Interests The Board noted there were no declarations of member's interests. 3. Minute of meeting of 29 May 2025 The minute of the meeting of 29 May 2025 was submitted and approved. 4. Action Log of 29 May 2025 The Action Log of the meeting of 29 May 2025 was discussed and updated accordingly. Page 65
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5. Revenue Budget Outturn for 2024-25 The meeting had before it a report by the Chief Financial Officer informing the Board of the unaudited financial outturn for the core budgets and the impact this outturn ill have on the 2025/26 budget. In introducing the report, the Chief Financial Officer apologised for an error in paragraph 9.1 with reference to the Asylum Seekers Grant of £701,000 which should have been classed as a grant carried forward rather than being included in ear marked reserves, and therefore the closing financial position on Reserves for 2024/25 should read £1,450,636 rather than £2,151,636 as stated in the report. Following consideration the Board unanimously agreed to:- (i) note the unaudited revenue outturn position for the financial year 2024/25; (ii) note the impact of the 2024/25 outturn on the 2025/26 revenue budget as detailed in paragraph 7; and (iii) approve for issue, the Directions shown in Appendix 4 to NHS Grampian and Moray Council. 6. Unaudited Annual Accounts The meeting had before it a report by the Chief Financial Officer informing the Board of the Unaudited Annual Accounts of the Moray Integration Joint Board for the year ended 31 March 2025. In introducing the report, the Chief Financial Officer apologised for an error in paragraph 4.3 noting the figures in the paragraph had been amended to reflect the amended Asylum Seekers Grant error referenced in the Revenue Budget Outturn report and the updated Reserves figure, however the sentence "this increase is primarily due to transfer of reserves from Moray Council to MIJB relating to Asylum Seekers granted during the year" should have been removed from the paragraph. Following consideration the Board unanimously agreed to:- (i) approve the unaudited Annual Accounts to be submitted to the external auditor, noting that all figures remain subject to audit, in Appendix 1; (ii) note the Annual Governance Statement contained within the unaudited Annual Accounts and in Appendix 3; (iii) note the accounting policies applied in the production of the unaudited Annual Accounts, pages 47 to 48 of the accounts; and (iv) approved the updated Local Code of Corporate Governance which supports the Annual Governance Statement, in Appendix 2. 7. Proposed Revision to the Moray Integration Joint Board Meeting Schedule The meeting had before it a report by the Chief Officer presenting the Board with a revised meeting scheduled for Moray Integration Joint Board and its Committees, with Page 66
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the aim of reducing the number of meetings held on the same day, minimising member fatigue, and enhancing the strategic focus of meetings. In response to a question from Mr Murray asking on days where only one meeting is to be held, if the start time could be pushed back from 9.30am to 10am, the Chair confirmed there was nothing in the Standing Orders stating that meetings require to start at 9.30am and sought the Board's approval to agree a 10am start on days when only meeting is being held. Following discussion and there being no one otherwise minded the Board unanimously agreed to:- (i) approve the proposed reduction in the number of formal meetings from 18 to 15 per year as per Appendix 1 and meetings to start at 10am on days where only one meeting is being held; (ii) note that the number of Development Sessions will remain at a minimum of four per year; (iii) amend Standing Orders and the Scheme of Administration to reflect the revised schedule, subject to approval; and (iv) note that the revised scheduled has been reviewed and agreed, in principle, by the Chairs of the Board and its Committees, Legal Services and the Internal Auditor. 8. Annual Performance Report 2024-25 The meeting had before it a report by the Chief Officer presenting the Board with the draft Annual Performance Report 2024/25. Following consideration the Board unanimously agreed to:- (i) note the draft Annual Performance Report 2024/25 at Appendix 1; (ii) note National Indicator information will be updated in July; and (iii) approve the publication of the Annual Performance Report 2024/25 by 31 July 2025, following approval of the final version by the Chair and Depute Chair. 9. Annual Progress Update on the Delivery of the Unpaid Carers Strategy The meeting had before it a report by the Service Manager, Provider Services providing an annual update on the implementation of the Moray Unpaid Carers Strategy. Following consideration the Board unanimously agreed to:- (i) acknowledge the progress made in delivery the Strategy's objectives; (ii) note the capacity challenges that have impacted delivery; (iii) instruct the Lead Officer for Unpaid Carers to provide 6 monthly updates to the Audit, Performance and Risk Committee, with annual reports to the Moray Integration Joint Board; following discussion with the Chair and Depute Chair on Page 67
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16 January it was agreed for updates to to to Audit, Performance and Risk Committee moving forward; and (iv) approve a two-year extension to the current Moray Carers Strategy 2023-26 extending its term to March 2028. Page 68
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DRAFT REPORT TO: MORAY INTEGRATION JOINT BOARD ON 25 SEPTEMBER 2025 SUBJECT: REVENUE BUDGET MONITORING QUARTER 1 FOR 2025/26 BY: CHIEF FINANCIAL OFFICER 1. REASON FOR REPORT 1.1 To update the Moray Integration Joint Board (MIJB) of the current Revenue Budget reporting position as at 30 June 2025 for the MIJB budget. 2. RECOMMENDATIONS 2.1 It is recommended that the Board: i) consider and note the financial position of the MIJB as at 30 June 2025 is showing an overspend of £1,425,931 on core services; ii) approve the budget realignment as detailed in paragraph 5 and Appendix 3; iii) consider and note the progress against the approved savings plan in paragraph 6, and Appendix 5; iv) consider and note the budget pressures and emerging budget pressure as detailed in paragraph 7; and v) note the revisions to staffing arrangements dealt with under delegated powers and in accordance with financial regulations within the Council (MC) and NHS Grampian (NHSG) for the period 1 April to 30 June 2025 as shown in Appendix 4. 3. BACKGROUND 3.1 The financial position for the MIJB services at 30 June 2025 is shown at Appendix 1. The figures reflect the position in that the MIJB core services are currently over spent by £1,425,931. This is summarised in the table below. Page 69
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Annual Budget £ Budget to date £ Expenditure to date £ Variance to date £ MIJB Core Service 185,994,166 46,218,061 47,643,992 (1,425,931) MIJB Strategic Funds 8,478,209 548,059 1,140,463 (592,404) Set Aside Budget 15,638,000 - - - Total MIJB Expenditure 210,110,375 46,766,120 48,784,455 (2,018,335) 3.2 Due to the current financial situation of the partners, a first provisional forecast to 31 March 2026 is summarised below: Annual Budget £ Forecast expenditure to 31 Mar 25 £ Variance to 31 Mar 25 £ MIJB Core Service 185,994,166 191,532,223 (5,538,057) MIJB Strategic Funds 8,478,209 6,273,099 852,725 Set Aside Budget 15,638,000 15,638,000 0 Total MIJB Expenditure 210,110,375 197,805,322 (4,685,332) 3.3 A list of services that are included in each budget heading are shown in Appendix 2 for information. 4. KEY MATTERS/SIGNIFICANT VARIANCES FOR 2025/26 Community Hospitals 4.1 The Community Hospital and services budget is overspent by £192,690. This includes overspends in community administration costs totalling £87,682, relating to increased energy and other utility costs. The Community Hospitals were overspent overall by £41,019 primarily relating to Buckie. Moray vaccinations were overspent by £63,453, of which £53,769 was nursing cost and other minor overspends totalling £536. 4.2 The balance between opening extra capacity (which requires extra staffing) and the exceptional challenges around the flow of patients out of secondary care has impacted on Seafield Hospital (Buckie) as this is the site of Health and Social Care Moray’s (HSCM) surge capacity. When the surge beds are open this causes a budget pressure which is then considered with the patients that are delayed. 4.3 Work continues to monitor staffing levels in all community hospitals to ensure additional hours and bank are kept to the minimum possible but also ensuring that these levels are safe. Care Services Provided In-house 4.4 The Care services provided in-house is overspent by £313,345. This is as expected due to recruiting to this service. The regrading of the care at home workers last year has impacted favourably upon the latest recruitment round. 4.5 Savings and surplus have been transferred across to other services which has now resulted in the service being overspent. When the budget was set this was Page 70
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based on 2024/25 figures these have changed in 2025/26 due to being able to recruit to vacancies in care at home. Older People and Physical Sensory Disability (Assessment & Care) 4.6 This budget is overspent by £529,764 to 30 June 2025. This primarily relates to overspends for domiciliary care in the area teams and permanent care. The variances within this overall budget heading reflect the shift in the balance of care to enable people to remain in their homes for longer. 4.7 This overspend is expected to continue and will be monitored throughout the next quarter. The monitoring of this budget includes work underway to review a substantial number of care packages with a view to release further capacity within the care at home service to meet the demand of the increasing frailty need within our population. In addition Moray is embarking on a Proportionate Care Project which also will be looking to reduce the double handling of care packages within the community reaching better outcomes for people. Admin & Management 4.8 This budget is overspent by £224,985 to 30 June 2025. Within this budget heading for this financial year includes the budget heading of externally commissioned services, since all the commissioning budgets have been realigned to the services, all that is left under this heading relates to staff infrastructure and systems. The overspend primarily relates to savings that have been allocated during the realignment and the timing of the savings actually being achieved. This budget is expected to improve over the next quarter. Primary Care Prescribing 4.9 The primary care prescribing budget is underspent by £122,471 to 30 June 2025, this position is based on only one month’s actuals for April and an accrued position for May and June as information is received two months in arrears. To June 2025 the estimate of items increase at 2.29% is greater to date than anticipated, with higher volume in April. The emerging volume pattern for 2025/26 will require to be monitored. An average item price of £11.19 has been used to estimate position to June. 5. BUDGET REALIGNMENT 5.1 When the budget for 2025/26 was set, it included the provision for the recurring deficit, which has been an issue since the outset of the MIJB and has been increasing year on year. In order to provide budget managers with a more realistic budget to work within, it has been necessary to realign the budgets to reflect the recurring surplus and deficits, £5,987,722. However, the recurring surplus/deficit is based on a point in time in December when the budget is set and budgets are moving targets. Also as the recurring deficits have been dealt with, then it is also necessary to look at the savings proposals that are able to be allocated to individual budgets to remove from the core budget, a total of £5,214,557 is to be removed. 5.2 A detailed breakdown per service line is attached in Appendix 3 and also a reconciliation of other movements that have occurred during the first quarter to Page 71
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reconcile the approved budget to the budget as at 30 June 2025. As the movements are of a significant value, approval of the MIJB is required for this budget realignment. 6. STRATEGIC FUNDS 6.1 Strategic Funds is additional funding for the MIJB, they include: • Additional funding received via NHS Grampian and Moray Council (this may not be fully utilised in the year resulting in a contribution to overall MIJB financial position at year end which then needs to be earmarked as a commitment for the future year. • Provisions for earmarked reserves has been made to fund unutilised allocations additional investment funding and others in 2024/25, identified budget pressures, new burdens, savings and general reserve that were expected at the start of the year. 6.2 Within the strategic funds are earmarked reserves totalling £1,450,304. However, there will not be enough reserves to cover the overspend in total if the level of spend continues till the 31 March 2026. 6.3 Also within strategic funds are provisions for known budget pressures at the start of the financial year including a provision for recurring budget over and underspends totalling £18,416,862. 6.4 By the end of the financial year, the Strategic Funds will reduce as the commitments and provisions materialise and the core budgets will increase correspondingly. 7. PROGRESS AGAINST THE APPROVED SAVINGS PLAN 7.1 The Revenue Budget 2025/26 was presented to the Board on 27 March 2025 (para 11 of the minute refers). The paper presented a balanced budget through the identification of efficiencies through savings and the use of reserves. 7.2 The progress against the recovery plan is detailed in Appendix 5 and summarised in the table below and will continue to be reported to the Board during the 2025/26 financial year. The table details progress during the first quarter against the original recovery plan. The majority of the recovery plan is not expected to materialise until later in the financial year and a significant number related to reductions in overspending rather than being actual savings to be taken. Page 72
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Efficiencies Para Ref Full Year Target Savings expected progress at 30 June 2025 Savings actual progress at 30 June 2025 £’000 £’000 £’000 Building Resilience 6.3 2,626 656 227 Home first 6.4 1,445 361 69 Partners in Care 6.5 2,021 505 214 Already implemented 3,377 844 844 Total Projected Efficiencies 9,469 2,366 1,354 7.3 There are 8 projects under the heading of building resilience. Of which 5 have been allocated and expected to be achieved. Of the remaining 3 projects, 1 has not yet been allocated but is expected to be achieved by the end of the financial year and the remaining 2 (Review of care and review of care purchasing) savings have not yet been allocated and are not expected to be achieved until later in the year. 7.4 There are 4 projects under the heading for Home First, of which 2 have been allocated and expected to be achieved. Of the remaining 2 projects, 1 has been reclassed as an efficiency rather than a saving (proportionate care), with the other (Short breaks provision) being delayed until later in the year. 7.5 There are 11 projects under the heading of partners in care, of which 7 have been allocated and expected to be achieved. 1 project relating to commissioning contracts has not yet been allocated but is expected to be achieved during the year. Another project relating to transport has been delayed although expected to be achieved. The final 2 projects, although the right thing to do, have been delayed until next financial year. 7.6 Projects are detailed in Appendix 5, all projects have been reviewed for progress and have been appropriately RAG status for risk of achieving the savings on target. When the budget was set there was a risk of not achieving the savings within this financial year of £1.507m, however, after the latest review, the potential risk of not achieving savings in this financial year totals £2.6m. 7.7 A Budget Savings Oversight Group continues to meet regularly to strengthen governance, provide support to the Senior Responsible Officers (SRO) and provide a project management approach. The Group is chaired by the Chief Officer and comprises of members of the Senior Management Team (SMT). Page 73
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8. BUDGET PRESSURES 8.1 Budget pressures recognised when the budget was approved on 27 March 2025 are released when the pressure crystallises to the extent that it can be accurately quantified. Provisions to meet budget pressures totalling £11,110,050 have been released in quarter 1. 8.2 Provisions still held centrally at the end of quarter 1 total £7,306,811 and are detailed in the table below. Description Para Ref £’000 Pay inflation 8.4 2,006 Contractual inflation & Scottish Living Wage 8.3 1712 Prescribing & Community Pharmacy 8.3 1,153 Balance of FPNC & NCHC 8.3 175 Learning Disability & Mental Health Clients 8.3 1,041 Occupational Therapy equipment 8.3 100 Hosted Services 8.3 122 eNIC 8.4 957 Other 8.3 41 TOTAL BUDGET PRESSURES 7,307 8.3 These budget pressures have not yet been drawn down as they have not yet materialised in the budgets. At this stage these are all intended to be fully required in this financial year. 8.4 These budget pressures have been partly drawn down in quarter 1. NHS pay award has been actioned but the Council pay award has been approved and will be drawn down in quarter 2. The eNIC budget pressure has also been partly drawn down and the balance will be required over the rest of the financial year. 8.5 Emerging budget pressures have materialised since the budget was set and these are detailed in the table below: Description Para Ref £000’s High cost care packages 8.6 62 Total emerging budget pressures 8.6 Emerging budget pressure for high cost care packages relating to older people and learning disability that have been approved at the High Cost care packages meeting and Resource Management Group. These costs relate to 12 cases that Page 74
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10 that required an increase in packages and 2 for one off costs, which total £61,641 in the first quarter. All these packages will be reviewed regularly. 9. CHANGES TO STAFFING ARRANGEMENTS 9.1 At the meeting of the Board on 30 November 2023, the Financial Regulations were approved (para 12 of the minute refers). All changes to staffing arrangements with financial implications and effects on establishment are to be advised to the Board. 9.2 Changes to staffing arrangements as dealt with under delegated powers through appropriate Council and NHS Grampian procedures for the period 1 Apr to 30 June 2025, are detailed in Appendix 4. 10. UPDATED BUDGET POSITION 10.1 During the financial year, budget adjustments arise relating in the main to the allocation of non-recurring funding that is received via NHS Grampian. In order to establish clarity of these budget allocations a summary reconciliation has been provided below. 10.2 In addition, the MIJB, are still waiting for some funding to come through that was included in the budget and that is reconciled at the bottom of the table below. 10.3 £’s Approved Funding 27.3.25 187,737,377 Set Aside Funding 15,638,000 IJB reserves used to fund budget gap 1,000,000 Balance of IJB reserves c/fwd to 25/26 187,022 Amendment to NHS Grampian core 1,245,457 Revised funding at the start of Qtr 1 205,807,856 Budget adjustments M01-M03 Pay Award 751,816 Hosted Services 33,912 Delayed Discharge (295,000) IFRS 16 (262,945) GVIP 573,797 PCIF Allocation 3,132,000 Moray ADP Funding 25/26 651,193 Primary Care 255,309 Out Of Hours 86,437 Diabetes Nurse 6,157 Regrading 13,699 Appropriate Adult funding (2 years) 36,000 Other 765 Core uplift 7,000 eNIC (413,621) Page 75
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Childrens funding not yet received (229,000) Reserves utilised (45,000) Revised Funding to Quarter 1 4,302,519 Funding expected in quarter 2 210,110,375 10.4 In accordance with the updated budget position, but due to funding not fully being received, there will be no revised Directions issued this quarter. 11. SUMMARY OF IMPLICATIONS (a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) and Moray Integration Joint Board Strategic Plan ‘Moray Partners in Care 2022-2032 This report is consistent with the objectives of the Strategic Plan and includes budget information for services included in the MIJB Revenue Budget 2025/26. (b) Policy and Legal It is the responsibility of the organisation receiving the direction to work with the Chief Officer and Chief Financial Officer to deliver services within the resources identified. The Moray Integration Scheme (para 12.8 of the 2015 Integration Scheme) makes provision for dealing with in year variations to budget and forecast overspend by reference to agreed corrective action and recovery plans. It also makes provision for dealing with year-end actual overspend where such action and plans have been unsuccessful in balancing the relevant budget by reference to use of MIJB reserves and additional payments from NHS Grampian and Moray Council. (c) Financial implications The financial details are set out in sections 3-10 of this report and in Appendix 1. For the period to 30 June 2025, an overspend is reported to the Board of £2,018,334 in totality. A straight line forecast to end March 2026 has been included in section 3 and Appendix 1, which gives the provisional year end position of £4,685,332 if spend continues as it has been in quarter 1. There is also the assumption at this early stage that some savings RAG status of red will not be fully achieved. The potential impact to the partners has been communicated however, the monitoring of the recovery plan will be brought to a future meetings of this Committee. The staffing changes detailed in paragraph 9 have already been incorporated in the figures reported. The movement in the 2025/26 budget as detailed in paragraph 10 have already been incorporated in the figures reported. Page 76
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(d) Risk Implications and Mitigations The most significant risk arising from this report is the control and management of expenditure to provide the Health and Social Care services required for the Moray Area, within budget. There are earmarked reserves brought forward in 2025/26. Additional savings continue to be sought and service redesign are under regular review. Progress reports will be presented to this Board throughout the year in order to address the financial implications the MIJB is facing. The level of reserves carried forward into 2024/25 was £1,450,304 of which £1,000,000 was used to balance the budget. As well as additional pressures arising from the cost of living crisis, increasing energy bills, emerging budget pressures and inflation puts a risk on the budget. The early provisional forecast is a potential overspend position, this has been communicated to both partners and the recovery plan will be closely monitored as well as additional savings identified to counteract and potentially reduce this position as both partners are under severe financial pressures. The Budget Saving Oversight group continues to support the delivery of projects and look at savings for the next financial year. There is a risk of the red RAG savings not achieving in this financial year, and work is already begun looking at savings for next year and mitigations for this current year. (e) Staffing Implications There are no direct implications in this report. (f) Property There are no direct implications in this report. (g) Equalities/Socio Economic Impact There are no direct equality/socio economic implications as there has been no change to policy. (h) Climate Change and Biodiversity Impacts There are no direct climate change and biodiversity implications as there has been no change to policy (i) Directions There are no amendments to Directions as part of this report. (j) Consultations The Chief Officer, the Health and Social Care Moray Senior Management Team and the Finance Officers from Health and Social Care Moray have been consulted and their comments have been incorporated in this report where appropriate. 12. CONCLUSION Page 77
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12.1 The MIJB Budget to 30 June 2025 has an over spend of £1,425,931 on core services. Senior Managers will continue to monitor the financial position closely and continue to report on the Recovery and Transformation Plan. 12.2 The first provisional financial position to 31 March 2026, is an overspend of £4,685,332. Author of Report: D O’Shea Chief Financial Officer Background Papers: Papers held by respective Accountancy teams Ref: Page 78
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APPENDIX 1 JOINT FINANCE REPORT APRIL 2025 - JUNE 2025 DO NOT CHANGE Para Approved Annual Annual Budget (Net) Actual Most recent Variance Forecast Ref Net Budget Net Budget To Date To Date Variance Variance Forecast To Budget Variance £'s £'s £'s £'s £'s % £'s £'s % 2025-26 2025-26 2025-26 2025-26 2025-26 2025-26 2025-26 2025-26 2025-26 Community Hospitals 4.1 6,600,692 7,334,690 1,964,851 2,157,541 (192,690) (3) 8,105,450 (770,760) (11) Community Nursing 6,484,911 6,194,711 1,534,260 1,539,506 (5,246) (0) 6,215,695 (20,984) (0) Learning Disabilities 17,865,037 20,066,159 4,528,208 4,407,413 120,795 1 19,582,981 483,178 2 Mental Health 11,945,985 11,906,709 3,047,551 3,043,521 4,031 0 11,890,587 16,122 0 Addictions 1,221,222 1,238,382 304,925 446,942 (142,017) (11) 1,640,785 (402,403) (32) Adult Protection & Health Improvement 265,307 273,454 62,457 60,900 1,558 1 267,223 6,231 2 Care Services provided in-house 4.4 25,594,449 22,865,584 5,574,405 5,887,750 (313,345) (1) 24,118,963 (1,253,379) (5) Older People & PSD Services 4.6 25,172,334 27,823,280 6,670,307 7,200,071 (529,764) (2) 29,942,336 (2,119,056) (8) Intermediate Care & OT 1,904,400 1,927,282 483,378 624,278 (140,900) (7) 2,490,883 (563,601) (29) Other Community Services 10,220,408 10,099,636 2,504,705 2,562,125 (57,420) (1) 10,329,316 (229,680) (2) Admin & Management 4.8 1,401,172 2,757,182 1,132,602 1,357,587 (224,985) (8) 3,657,123 (899,941) (33) Other Operational Services 1,253,043 1,490,367 371,050 365,920 5,130 0 1,469,847 20,520 1 Primary Care Prescribing 4.9 18,727,506 21,718,506 5,405,912 5,283,441 122,471 1 21,228,622 489,884 2 Primary Care Services 20,020,057 21,314,118 5,328,530 5,378,456 (49,926) (0) 21,513,822 (199,704) (1) Hosted Services 5,906,873 5,551,813 1,419,760 1,454,698 (34,938) (1) 5,691,565 (139,752) (3) Out of Area 720,131 1,780,000 419,118 399,712 19,406 1 1,702,376 77,624 4 Improvement Grants 1,060,200 1,060,200 214,271 214,270 0 0 1,060,200 0 0 Childrens & Justice Services 19,482,682 20,592,093 5,251,772 5,259,861 (8,089) (0) 20,624,450 (32,357) (0) Total Moray IJB Core 178,049,573 185,994,166 46,218,061 47,643,992 (1,425,931) (1) 191,532,223 (5,538,057) (3) Other non-recurring Strategic Funds in the ledger 1,194,806 4,097,819 1,401,859 1,359,225 42,634 1 3,793,975 170,538 4 Total Moray IJB Including Other Strategic funds in the ledger 179,244,379 190,091,985 47,619,920 49,003,217 (1,383,297) (1) 195,326,198 (5,367,519) (3) Other resources not included in ledger under core and strategic: 18,960,861 4,380,390 (853,800) (218,762) (635,038) (14) 2,479,124 682,187 16 Total Moray IJB (incl. other strategic funds) and other costs not in ledger 198,205,240 194,472,375 46,766,120 48,784,455 (2,018,334) (1) 197,805,322 (4,685,332) (2) Set Aside Budget 15,638,000 15,638,000 - 15,638,000 0 0 Overall Total Moray IJB 213,843,240 210,110,375 46,766,120 48,784,455 (2,018,334) (1) 213,443,322 (4,685,332) (2) Funded By: NHS Grampian 120,508,039 Moray Council 89,602,336 Total 210,110,375 Page 79
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APPENDIX 2 Description of MIJB Core Services 1. Community Hospitals includes community hospitals, community administration and community Medical services in Moray. 2. Community Nursing related to Community Nursing services throughout Moray, including District Nurses and Health Visitors. 3. Learning Disabilities budget comprises of:- • Transitions, • Staff – social work and admin infrastructure, • External purchasing of care for residential & nursing care, • External purchasing of care for respite, day care and domiciliary care, • Medical, Nursing, Allied Health Professionals and other staff. 4. Mental Health budget comprises of:- • Staff social work and admin infrastructure, • External purchasing of care for residential & nursing care, • External purchasing of care for respite, day care and domiciliary care, • In patient accommodation in Buckie & Elgin. • Medical, Nursing, Allied Health Professionals and other staff. 5. Addictions budget comprises of:- • Staff – social work and admin infrastructure, • Medical and nursing staff • External purchasing of care for residential & nursing care, • External purchasing of care for respite, day care and domiciliary care, • Moray Alcohol & Drugs Partnership. 6. Adult Protection and Health Improvement 7. Care Services provided in-house Services budget comprises of:- • Employment Support services, • Care at Home service/ re-ablement, • Integrated Day services (including Moray Resource Centre), • Supported Housing/Respite and • Occupational Therapy Equipment Store. 8. Older People & Physical Sensory Disability (PSD) budget comprises of:- • Staff – social work infrastructure (including access team and area teams), • External purchasing of care for residential & nursing care, • External purchasing of care for respite, day care and domiciliary care and • Residential & Nursing Care home (permanent care), 9. Intermediate Care & Occupational Therapy budget includes:- • Staff – OT infrastructure • Occupational therapy equipment Page 80
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• Telecare/ Community Alarm equipment, • Blue Badge scheme 10. Other Community Services budget comprises of:- • Community services for each locality (Allied Health Professionals (AHP’s), Dental services, Public Health, Pharmacy and other specialist nursing roles). 11. Admin & Management budget comprises of :- • Admin & Management staff infrastructure, • Commissioning and Performance team, • Carefirst team, • Older People development, • Community Care finance, • Self Directed support & Carers • Target for staffing efficiencies from vacancies 12. Other Operational Services - range of operational services including – • Community Response Team • Child Protection • Winter Pressures • Clinical Governance • International Normalised Ratio (INR) blood clotting test Training • Moray Alcohol and Drug Partnership (ADP) 13. Primary Care Prescribing includes cost of drugs prescribed in Moray. 14. Primary Care Services relate to General Practitioner GP services in Moray. 15. Hosted Services, comprises of a range of Grampian wide services. These services are hosted and managed by a specific IJB on a Grampian wide basis and costs are re-allocated to IJB budgets. These services include:- Moray IJB Hosted & Managed services: • GMED out of Hours service. • Primary Care Contracts Team Aberdeen City/Aberdeenshire IJB Hosted & Managed services: • Intermediate care of elderly & rehab. • Marie Curie Nursing Service – out of hours nursing service for end of life patients • Continence Service – provides advice on continence issues and runs continence clinics • Sexual Health service • Diabetes Development Funding – overseen by the diabetes Network. Also covers the retinal screening service • Chronic Oedema Service – provides specialist support to oedema patients Page 81
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• Heart Failure Service – provided specialist nursing support to patients suffering from heart failure. • Police Forensic Examiner Service • HMP Grampian – provision of healthcare to HMP Grampian. 16. Out of Area Placements for a range of needs and conditions in accommodation out with Grampian. These are managed centrally within NHS Grampian and charged to IJB’s. 17. Improvement Grants managed by Council Housing Service, budget comprises of:- • Disabled adaptations • Private Sector Improvement grants • Grass cutting scheme 18. Children Services & Criminal Justice budget includes the following areas: a) Children Services area teams budget includes:- • Staff – social work (including access team, area teams, disability team, SCIM and Child Protection Unit) • Self directed support • Fostering home to school transport • Support to families b) Quality Assurance team budget includes:- • Staff – social work • Locality management groups funding c) Reviewing Team d) Commissioned Services budget includes:- • Commissioning team • Contracts for all services e) Corporate Parenting budget includes:- • Staff – social work (including fostering, adoption and throughcare/aftercare) • Continuing care payments, income maintenance, supported lodgings and throughcare/aftercare grants • Fostering/kinship fees and allowances. Placements with external fostering agencies. • Adoption allowances • Adoption fees to other local authorities f) Children Services Residential Unit - Cala g) Justice Services budget includes:- • Staff – social work • Youth Pod • Out of Hours team • Community Justice Reform Page 82
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• Criminal Justice Services h) Children Services Strategy and Support budget comprises of:- • Central management staffing • Trauma Informed Practice • Community Mental Health and Wellbeing Supports and Services • Target for staffing efficiencies from vacancies i) Additional grant funding • Unaccompanied asylum seeking children • Corra Foundation Other definitions: Tier 1- Help to help you (information and advice), universal services to the whole community and an emphasis on prevention. Tier 2- Help when you need it (immediate help in a crisis, re-ablement) and regaining independence. Tier 3- Ongoing support for those in need through the delivery of 1 or more self-directed support options. Page 83
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APPENDIX 3NT FINANCE REPORT APRIL 2025-MARCH 2026 Appendix 3 Para Approved Annual Recurring deficit/surplus Savings Amended Approved Net Budget Other budget adjustments Annual Budget as at 30.6.2025 Ref Net Budget £'s £'s £'s £'s £'s £'s 2025-26 2025-26 2025-26 2025-26 2025-26 2025-26 Community Hospitals 6,600,692 375,954 (258,000) 6,718,647 616,043 7,334,690 Community Nursing 6,484,911 (318,220) (207,161) 5,959,530 235,181 6,194,711 Learning Disabilities 17,865,037 2,128,693 (198,000) 19,795,730 270,429 20,066,159 Mental Health 11,945,985 42,315 (371,430) 11,616,871 289,838 11,906,709 Addictions 1,221,222 (229,115) (25,638) 966,469 271,913 1,238,382 Adult Protection & Health Improvement 265,307 5,424 0 270,731 2,723 273,454 Care Services provided in-house 25,594,449 (2,071,331) (721,000) 22,802,118 63,466 22,865,584 Older People & PSD Services 25,172,334 1,499,151 0 26,671,485 1,151,795 27,823,280 Intermediate Care & OT 1,904,400 166,961 (134,070) 1,937,291 (10,009) 1,927,282 Other Community Services 10,220,408 (263,108) (352,711) 9,604,589 495,047 10,099,636 Admin & Management 3,604,337 372,197 (2,357,017) 1,619,517 1,137,665 2,757,182 Other Operational Services 1,253,043 195,622 (42,811) 1,405,854 84,513 1,490,367 Primary Care Prescribing 18,727,506 3,175,000 (169,000) 21,733,506 (15,000) 21,718,506 Primary Care Services 20,020,057 (181,386) 0 19,838,671 1,475,447 21,314,118 Hosted Services 5,906,873 29,696 (177,000) 5,759,569 (207,756) 5,551,813 Out of Area 720,131 1,059,869 0 1,780,000 0 1,780,000 Improvement Grants 1,060,200 0 0 1,060,200 0 1,060,200 Childrens Services 19,482,682 0 (550,719) 18,931,963 1,660,130 20,592,093 Total Moray IJB Core 178,049,572 5,987,723 (5,564,557) 178,472,739 7,521,427 185,994,166 Other recurring Strategic Funds in the ledger 1,194,806 0 0 1,194,806 2,903,013 4,097,819 Total Moray IJB Including Other Strategic funds in the ledger 179,244,378 5,987,723 (5,564,557) 179,667,545 10,424,440 190,091,985 Other resources not included in ledger under core and strategic: 18,960,862 (5,987,723) 0 0 0 4,380,389 Total Moray IJB (incl. other strategic funds) and other costs not in ledger 198,205,240 0 (5,564,557) 179,667,545 10,424,440 194,472,374 Set Aside Budget 15,638,000 15,638,000 15,638,000 Overall Total Moray IJB 213,843,240 0 (5,564,557) 195,305,545 10,424,440 210,110,374 Funded By: NHS Grampian 113,215,806 0 0 0 0 120,508,038 Moray Council 90,159,571 0 0 0 0 89,602,336 Savings identified 9,467,863 Use of ear marked reserves 1,000,000 IJB FUNDING 213,843,240 0 0 0 0 210,110,374 Reconciliation Page 84
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APPENDIX 4 HEALTH & SOCIAL CARE MORAY DELEGATED AUTHORITY REPORTS - PERIOD April to June 2025 Title of DAR Summary of Proposal Post(s) Permanent/ Temporary Duration (if Temporary) Effective Dates Funding Transfer staff and funds from Cedarwood Day Service to Care at Home Convert Grade 7, Day Centre Officer 36.25 hours post at Cedarwood Day Service to increase Grade 8 hours under Care at Home from 18.25 hours to 36.25. Delete Grade 7 36.25 hours Transfer 18.25 hours to grade 8 Remainder will be a saving Permanent N/A ASAP Funding already in place and this will release a saving Close Greenfingers Close and delete both Greenfingers budgets Delete all posts/positions linked to Greenfingers project, which are: 1 x vacant grade 8 Day Service Coordinator (36.25) 1 x grade 7 Day Centre Officer (36.25 hours) 1 x grade 3 Clerical Assistant (18 hours) 1 x grade 4 Training Support Worker Driver (36.25 hours) Permanent N/A ASAP Savings taken Page 85
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Title of DAR Summary of Proposal Post(s) Permanent/ Temporary Duration (if Temporary) Effective Dates Funding 1 x grade 4 Training Support Worker Driver (32.25 hours) 1 x vacant grade 4 Training Support Worker Driver (36.25 hours) Direct Payment Financial Reviews To establish 1 FTE permanent Grade 4 Financial Review to lead on the completion of Direct Payment financial reviews. In line with the internal audit, the outstanding reviews have been prioritised and are being addressed efficiently by the post holder. Create Grade 4 36.25 hours Permanent N/A ASAP Funding will come from the monies reclaimed by the post holder Commissioning & Quality Assurance Post (Remove from structure for Budget Saving) Removal of the Grade 8 Commissioning & Quality Assurance Post from the structure as a budget saving for Performance and Commissioning Remove grade 8 post Permanent N/A ASAP Savings taken Page 86
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Title of DAR Summary of Proposal Post(s) Permanent/ Temporary Duration (if Temporary) Effective Dates Funding team for a recurring saving from April 2025. Page 87
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MIJB Budget 2025/26 APPENDIX 5 MIJB proposed savings Ref Service Brief Description Full year effect £000s Saving expected for 2025/26 Saving likely to be achieved in 2025/26 Planned Implementation Date Risk Level Risk Description BR 1 Internal Care at Home review Review of Internal care at home including redesign 122.00 122.00 122.00 Apr 25 Red Timeline Continuation of 24/5 saving BR 4 &5 Removal of locum / implement CESR Cease locum use - gradual & implement 2 CESR fellows 1,044.00 261.00 217.00 Jan-26 Green Recruitment Taking longer than expected and not both vacancies at the same time continuation of 24/5 saving BR 6,7,8 GMED redesign Relocation from Health Village, redesign of clinical & admin staffing model, Ad astra Ehealth system 110.00 110.00 110.00 Apr 25 Green Workforce Impact Parking Footfall dependent on location Delayed for 3 months BR 9 Pool car vs expenses review Review into all teams transport and expenses to evalaute best options 20.00 20.00 20.00 Apr-25 Green Time and capacity – will be spend to save in the first instance BR 10,12 Cessation of leases and relocation Southfield, Strathisla dental practice 63.00 63.00 63.00 Apr-25 Green none Lease cessation delayed by a month BR 14 Review of Care spot purchasing & review care packages 1,000.00 1,000.00 250.00 Jan-26 Red Reviews commenced in Jan 2025 and this is the continuation of that work already started BR 15 Review of Care Purchasing 700.00 700.00 350.00 Oct-26 Red BR 42 *new SDS recovery Review packages to increase recovery 350.00 350.00 350.00 Apr-25 Green Reviews are not completed timeously HF 16 Short Breaks provision Review into planned and emergency short breaks - change in model 413.00 413.00 213.00 Apr-25 Amber Time to implement fully Care home bed shortage Care Home Provider monopoly Competition from other boards Time heavy paperwork for care homes HF 17 Proportionate care Redesign model 555.00 555.00 - Apr-25 Red Time to fully implement Needs full EQIA Service user safety Internal progressing slower than expected and external delayed until next financial year Page 88
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APPENDIX 5 HF 18 Night Time Responder (LD) Redesign LD nighttime model of care delivery 277.00 277.00 77.00 Apr-25 Amber Organisational change More complex than expected and delayed from 24/25 HF 20 Community hospital redesign Redesign of inpatient services supporting Home First 200.00 200.00 200.00 Apr-25 Amber Contentious – public opinion Reputational damage Impact on secondary care Progressing but other pressures on the budget PIC 23 Commissioning and contracts review Review of all contracts and redesign of provisions 350.00 350.00 350.00 Apr-25 Green Time and capacity, reputational damage Balance of needs versus costs Continuation of last years work with providers PIC 21,24 Day Services review MRC catering & infrastructure 220.00 220.00 220.00 Apr-25 Amber Reputational damage Impact on Unpaid carers Downstream impact Impact on MH of service user PIC 25 Complex & challenging behaviour unit Review Review into Woodview and change management 657.00 159.00 159.00 Apr-25 Green Organisational change, continuation of 24/5 proposal PIC 26 Care home bed usage - LD review care home bed utilitsation 182.00 121.00 121.00 Apr-25 Amber PIC 27 LD review & review Internal review and redesign, review care home bed utilitsation 554.00 370.00 - Apr-25 Red need to carry forward to 26/27 Any care package savings has implications for safety. Requires care home registration change and agreed costings . Continuation of 24/5 saving PIC 28 Review of step down building based facilities Review into model of care 118.00 69.00 40.00 Apr-25 Amber Lack of step down facility Impact on acute /secondary care/ primary care Continuation of 24/5 saving PIC 30 Prescribing efficiencies -GP Medication cessatio,switches within GP services and work with Care Homes 669.00 100.00 100.00 Apr-25 Green Pan Grampian approach may take tme to implement Progressing but other pressures on the budget Continuation of 24/5 saving PIC 43*new Prescribing efficiencies -Care home 69.00 69.00 Apr-25 Green Pan Grampian approach may take tme to implement Progressing but other pressures on the budget PIC 31 Digital Support efficiencies - NO TEMPLATE REQUIRED As part of DHI (Moray Growth Deal and Analogue To Digital Proposal) 100.00 100.00 - Apr-25 Red Pan Grampian approach may take time to implement Page 89
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APPENDIX 5 PIC 33 Transport contract Review fo how we contract for transport for childrens and adult services 292.00 146.00 146.00 Oct-25 Amber Time and resources AI 44 *new Reduction in overtime reduce the amount spent on overtime during the year 200.00 200.00 200.00 Apr-25 Green Recruitment levels PIC 46 *new Review of palliative care services Review of provision of palliative care in Moray to improve outcomes 117.00 117.00 117.00 Apr-25 Amber Contentious – public opinion Reputational damage Impact on secondary care AI 38 No non-essential travel (I year) Non essential travel ban (out of area) 30.00 30.00 30.00 Apr-25 Green Impact on staff development AI 38 No non-essential training (I year) Non essential training ban (conference attendance etc) 20.00 20.00 20.00 Apr-25 Green Impact on staff development AI 41 *new Vacancy target NHS & increase on Council in line with pay award increase Already implemented 1,135.00 1,135.00 1,135.00 Apr-25 Green AI 47* new Healthcare system reduced payment Refund due for system 20.00 20.00 20.00 Apr-25 Green Implemented - refund received AI 48* new 3.42% budget cut on other services not included above 3.42% reduction in expenditure across a variety of budget headings 2,172.00 2,172.00 2,172.00 Mar-25 Green Implemented TOTAL 11,690.00 9,469.00 6,871.00 KEY BR Building Resilience HF Home First PIC Partners in Care 2,598.00 AI Already implemented Page 90
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Chief Executive Author: Susan Souter Contact Email: Susan.souter@moray.gov.uk Subject: Revenue Budget Monitoring to 30 September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to advise Committee of the revenue budget monitoring position as of 30 September 2025, Quarter 2 2025/26, and the estimated outturn for the year. 1.2 This report is submitted to Council in terms of Section III B (10) of the Council's Scheme of Administration relating to monitoring current revenue expenditure against approved budget. 2. SUMMARY 2.1 In February 2025, the Council set a balanced budget for the 2025/26 financial year. The budget addressed anticipated budget pressures and included provisions for inflationary increases for other areas such as pay awards and contract increases. Savings that had been approved throughout 2024/25 were also factored into the budget. 2.2 This report outlines the Council’s revenue budget position at the end of Quarter 2 for the 2025/26 financial year. It details departmental variances to date, along with explanations for the most significant variances. The report also provides an overview of budget pressures and the progress of planned savings. 2.3 The report gives detail of the first estimated outturn position for 2025/26, summarising the reasons for variances within each service area. 2.4 Heads of Service have been issued with templates to explain previously reported overspends and outline actions to address future spending where service conditions remain unchanged. Opportunities linked to reduced service demand will also be explored. The first completed template was received and reviewed as part of the Q1 Revenue Monitoring Report, with associated savings reflected in the Short to Medium Term Financial Plan reported to Council on 24 September 2025 (paragraph 10 of the Minute Item 8. Page 91
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refers), with recurring savings of £82,000 approved. These savings have now been factored into the current budget position. 2.5 As at 30 September 2025 the Council’s free general reserve remains at £6,000,000, in line with the minimum required under the financial reserves policy. Earmarked reserves free balance totals £19,024,000, following a further £1,328,000 released to departments in Quarter 2. These reserves support specific priorities including Transformation, Moray Growth Deal and service specific commitments. 2.6 Expenditure against budget is reported to Committee on a quarterly basis during the financial year, with projected outturn figures reported at Quarter 2 and Quarter 3. 3. RECOMMENDATIONS 3.1 It is recommended that Committee consider and note: i) the budget monitoring position of £1,848,000 over budget for 2025/26 as at 30 September 2025; ii) that this position consists of underspends within Education, on Devolved School budgets of £510,000, and non-devolved School budgets of £619,000, and an overspend on Out of Area Placements of £604,000 to date; an underspend in Education, Resources and Community of £150,000; an underspend of £262,000 in Environmental and Commercial Services; an overspend on Social Care and Children’s Services delivered on behalf of the Moray Integration Joint Board (MIJB) of £2,617,000, and overspends in other services totalling £168,000; iii) an increase of £2,033,000 in the General Revenue Grant, as detailed in paragraph 4.3; and iv) the current estimated out-turn for 2024/25 of an overspend of £2,472,000, which includes projected overspends in Health and Social Care and Children’s Services of £900,000 after adjusting for the cost sharing agreement with NHS for MIJB, Education £2,553,000, Environmental and Commercial Services £211,000, Financial Services £385,000, and underspends in Education, Resources and Communities £302,000 and Economic Growth and Development Services of £191,000, and other variances totalling £1,084,000 under spend; v) that Heads of Service have been tasked with reducing overspends and generally reducing expenditure to bring the outturn back into line with budget. Susan Souter Senior Accountant 4. BACKGROUND AND CONTEXT Page 92
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4.1 The Council approved the General Fund Revenue Budget at a meeting on 26 February 2025 (paragraph 3 of the minute refers) with budgeted expenditure of £294,197,000. Council Tax receipts of £57,320,000 were anticipated. As part of the budget setting process, Members approved £7,889,000 of savings in the year. There was no planned use of reserves to balance the budget. 4.2 In addition to the Council’s core budget, monies allocated to schools through the Devolved School Management (DSM) scheme and not spent are brought forward from previous years. The DSM balance brought forward in 2025/26 is £214,000 (2024/25 £753,000). Unused Pupil Equity Fund of £766,000 received in 2024/25 and £25,000 funding from nursery snacks and fundraising have been carried forward into 2025/26 in accordance with the grant conditions. These budgets are funded on a financial year basis but spent on an academic year basis and so there will always be significant balances carried forward. 4.3 An additional £543,000 in General Revenue Grant (GRG) funding has been confirmed by the Scottish Government during Quarter 2, following grant redeterminations. These allocations, detailed under the “Additional Costs” heading in APPENDIX 4, include £173,000 to support the Real Living Wage (rLW) increase for Early Learning and Childcare (ELC) workers in private and third sector services, and £237,000 for the RLW pay uplift for Children’s Services Social Care workers in commissioned private, voluntary and independent (PVI) sector. In addition, £73,000 funding for Local Authority Resettlement Teams has been notified. As reported to Council on 24 September the estimate of GRG funding dependent on achieving a Scottish Government target for Teacher Numbers has been increased to £3,100,000, the full level of funding available. All funding has been incorporated into the Quarter 2 financial position and, where possible, released to departments to progress. 4.4 An additional £150,000 in Council Tax income has been included in Quarter 2, linked to a spend-to-save initiative approved to fund additional staff within the Taxation team. This investment is aimed at improving operational efficiency and enhancing collection rates. The latest month-end data from the Taxation team indicates a generally positive outlook for council tax collection. The report now incorporates improved tracking of payments for Long-Term Empty (LTE) properties and Second Homes, with a high payment rate of 96.1% recorded among Second Homeowners for 2024/25. This suggests that, should local authorities be permitted to increase the Second Home Premium beyond 100%, further revenue could be generated. Other encouraging trends include a 0.6% rise in in-year collection rates, quicker income recovery compared to the previous year, stable direct debit uptake, increased participation in e-billing, and higher receipts from both non-direct debit channels and Sheriff’s Officers. These developments reflect ongoing efforts to strengthen collection processes and improve taxpayer engagement. 4.5 Reconciliation of the movements in the base budget from that which was approved by the Moray Council on 26 February 2025 (para 3 of the minute refers) is shown in APPENDIX 3 and allocations to departments from the provisions for Inflation and Contingencies, Additional Costs and Savings are listed in APPENDIX 4. 4.6 The Short to Medium Term Financial Strategy, reported to Council on 25 June 2025 (paragraph 9 of the Minute refers), outlines the projected budget gap over the next two years and the Council’s approach to closing this gap, combining long-term transformation Page 93
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with short-term service redesign. The Short to Medium Term Financial Plan (SMTFP), reported to Council on 24 September (paragraph 10 of the Minute refers), provided an update on the Council’s budget for 2025/26 and indicative budgets for 2026/27 and 2027/28. While the 2025/26 budget was initially balanced, a budget gap remains forecast for the following two years. Budget variances from 2024/25 have been reviewed in collaboration with Heads of Service to determine whether any recurring underspends can be formalised as savings. Recommendations based on this review were included in the SMTFP report and are reflected in the Quarter 2 report and appendices. Additional variances identified throughout the year, as part of the ongoing revenue monitoring process, will also be considered. Where spending over budget appears to be recurring, budget managers will be required to develop service reduction plans to bring expenditure in line with available budgets. Heads of Service will also be asked to identify savings opportunities; these may be linked to anticipated reductions in service demand. Heads of Service are also being asked to identify savings opportunities, particularly where reductions in service demand may support budget adjustments. To assist with this, templates previously issued remain in use, requiring a clear explanation of significant overspends and, where service delivery circumstances remain unchanged, a defined plan to mitigate future overspends. 5. PROPOSALS 5.1 APPENDIX 1, and the table below, summarises the current position for each service area, comparing actual expenditure with the budget to 30 September 2025. 5.2 Overall, the budget position as of 30 September 2025 is expenditure over budget to date of £1,848,000, 1.29% of budget to date, including services delivered on behalf of the Moray Integration Joint Board (MIJB). Revised Budget 2025/26 Budget to 30 September 2025 Actual and Committed Expenditure to 30 September 2025 Q2 Variance Under/(Over) £000 £000 £000 £000 % Education, Resources and Community 12,450 8,015 7,865 150 1.87 Education 119,880 61,586 61,173 413 0.67 General Services Housing and Property 4,103 2,329 2,248 81 3.48 Environmental and Commercial Services 30,742 14,010 13,748 262 1.87 Economic Growth and Development Services 3.893 2,187 2,182 5 0.23 HR, ICT and Organisational Development 7,159 4,024 4,026 (2) (0.05) Financial Services 1,881 1,438 1,462 (24) (1.67) Governance, Strategy and Performance 6,480 4,118 4,241 (123) (2.99) Other Services 2,658 1,414 1,478 (64) (4.53) Page 94
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Health and Social Care and Children’s Services (MIJB) 85,500 43,832 46,449 (2,617) (5.97) Health and Social Care (non MIJB) 478 238 167 71 29.83 Loans Charges 20,407 0 0 0 - Provisions 4,173 0 0 0 - Total 299,804 143,191 145,039 (1,848) (1.29) 5.3 APPENDIX 2 presents the initial estimated outturn position for each service area, comparing projected expenditure against the annual budget. A summary of the current forecast is provided in the table below. Revised Budget 2025/26 Estimated Outturn 2025/26 Estimated Variance Under/(Over) 2025/26 £000 £000 £000 Education, Resources and Community 12,450 12,148 302 Education 119,880 122,433 (2,553) General Services Housing and Property 4,103 4,015 88 Environmental and Commercial Services 30,742 30,953 (211) Economic Growth and Development Services 3.893 3,702 191 HR, ICT and Organisational Development 7,159 7,225 (66) Financial Services 1,881 2,266 (385) Governance, Strategy and Performance 6,480 6,484 (4) Other Services 2,658 2,739 (81) Health and Social Care and Children’s Services (MIJB) 85,500 86,400 (900) Health and Social Care (non MIJB) 478 398 80 Loans Charges 20,407 19,667 740 Provisions 4,173 3,846 327 Total 299,804 302,276 (2,472) Service Department Variances 5.4 The principal areas of overspend and underspend within each service are outlined below, with the projected year-end outturn shown alongside. 5.5 Education, Resources and Community Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Vacancies - 240 Page 95
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Income Sport and Leisure 89 135 Libraries income (14) (26) Other PPP utilities reconciliation (16) (16) PPP contract deductions (15) (29) Energy 80 - Learning Estate operational underspend 10 - Misc Variances 16 (2) Net Underspend 150 302 5.6 Leisure income is currently above target at Quarter 2, resulting in a favourable variance. The budgets for leisure services are being realigned, and a review is underway to determine whether a saving can be released; this will be completed in Q3. PPP contract deductions continue to show an adverse variance, as these have not been achieved since the first contract began in 2012. Energy budgets remain underspent to date, with a council-wide review of energy budgets scheduled for Q3 to ensure allocations reflect current usage and market conditions. As such no projected variance has been input. Within the Learning Estate, a £15,000 saving approved on 24 September 2025, in the SMTFP, will be posted in Q3. 5.7 In relation to the projected outturn, vacancies are anticipated to exceed the original target by year-end, with ongoing recruitment challenges for some senior positions contributing to a projected underspend. Leisure income is expected to remain above target, as outlined above, and any potential savings identified through the ongoing budget review will be confirmed following its completion in Q3. PPP contract deductions are projected to continue falling short of budget, consistent with the position described above. A year-end underspend of £302,000 is currently projected. 5.8 Education Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Vacancies - (302) ASN Absence cover (53) (250) Central supply cover schools (excl ASN) (130) (400) Redundancy (11) - Other DSM – Primary devolved 109 - DSM – Secondary devolved 401 - School non devolved costs 619 - ELC fundraising/snack 23 - Out of Area placements (604) (1,625) Staff travel 10 18 Page 96
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Misc Variances 49 6 Net Underspend/(Overspend) 413 (2,553) 5.9 Central supply and ASN absence budgets are overspent at Quarter 2, reflecting the ongoing requirement for teacher cover in schools due to long-term absences and maternity leave. HR is preparing a committee paper to review and analyse absence trends among teaching staff across the Council. Primary and secondary DSM budgets are currently underspent; this is typical for this time of year as secondary schools tend to spend their resources budgets between October and January. The ELC fundraising variance reflects funding carried forward through earmarked reserves. Early Learning and Childcare settings often raise funds for large projects, and expenditure can cross multiple years. For Out of Area placements, Education and Children’s Services have been asked to review all placements, assess timescales, and explore options to return children to Moray where appropriate. 5.10 The most significant forecast overspend by year-end relates to Out of Area placements, consistent with the current position. Although there is a contingency provision in the budget for items including Out of Area placements (see Appendix 6), the projected overspend currently exceeds the level of funding set aside for this purpose. The vacancy target is not expected to be met, largely due to the reduction in vacancies following the ASN restructure and the move to term-time contracts in Early Learning and Childcare settings. Central supply costs are also projected to remain above budget, as outlined above, due to ongoing requirements for teacher cover. 5.11 General Services Housing and Property Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Staff savings - 143 Income Property fees (93) (130) Renewable Heat Incentive payments 16 20 Industrial Estate rental income and wayleaves 137 70 Other Corporate buildings maintenance 93 100 Schools repairs and maintenance (167) (150) Homeless temporary accommodation 23 - Improvement grants 14 - Industrial Estates repairs and maintenance 26 - Supported living accommodation repairs and maintenance 16 16 Misc Variances 16 19 Page 97
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Net Underspend 81 88 5.12 At Quarter 2, property fee income from recharges to Capital and the HRA is £93,000 below budget, while rental income from Industrial Estates has exceeded expectations, showing a positive variance of £137,000. On the expenditure side, Corporate Repairs and Maintenance are under budget by £93,000, whereas Schools Repairs and Maintenance have an overspend of £167,000. 5.13 For the projected outturn, staff savings are expected to be higher than target, resulting in an underspend of £143,000. Property fee income from recharges to Capital and the HRA is forecast to be £130,000 above budget, reflecting the above variance to date. Industrial Estates rental income is projected to be £70,000 above budget, net of an allowance for movement on the bad debt provision of £70,000. On the expenditure side, the Quarter 2 trend continues with Corporate Repairs and Maintenance anticipated to be under budget by £100,000, while Schools Repairs and Maintenance are forecast to overspend by £150,000. In total, a net underspend of £88,000 is projected for the year. These projections will be monitored closely to manage risks and identify further savings opportunities. 5.14 Environmental and Commercial Services Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Burial Grounds 32 50 Roads 419 674 Harbours and Transportation 29 - Vacancy target - (36) Income Fleet 192 200 Burial Grounds (87) (100) Open Spaces (ad-hoc/flood) 47 - Catering 53 16 Waste (25) (210) Consultancy – recharges to capital (59) (99) Consultancy - other 19 30 Roads – recharges to capital (337) (985) Roads – other recharges 110 405 Harbours and Transportation – income from service users 114 158 Harbours and Transportation – other 223 80 Other Fleet operational 30 (5) Open Spaces – repairs and maintenance 14 - Waste – fuel costs 90 165 Waste – other (8) (5) Consultancy (76) - Roads (329) (579) Page 98
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Harbours and Transportation (206) 17 Misc Variances 17 13 Net Underspend/(Overspend) 262 (211) 5.15 At Quarter 2, Fleet Services reports an overall favourable position of £219,000, driven by underspends in staff transport and energy costs, alongside reduced non-hire maintenance, partially offset by minor overspends on private contractors. Income from internal recharges is significantly overachieved and under review. Open Spaces has a £6,000 underspend to date. They are showing an underachievement in burial grounds income, counterbalanced by an underspend in staffing. Ad-hoc and flood alleviation works have boosted grounds maintenance income, but this is expected to level out by year-end. Catering continues to perform strongly with school meal income ahead of budget. Waste Management reports a net favourable variance of £57,000 at Quarter 2, largely supported by strong recyclate market prices, which have boosted recycling income and contracts by £79,000 above budget. Additional income of £10,000 has been generated from gas production at Dallachy. The site closed in April and capping works are now complete, but this has led to higher leachate costs, which SEPA continues to monitor. No further tipping income will be received, resulting in an overspend of £79,000 on this budget line. Fuel savings of £60,000 have been achieved, mainly due to reduced vehicle usage following the closure of Dallachy. However, income from green waste remains below target by £32,000, reflecting a drop in permit sales, and residual Trade Waste income continues to underperform, which is expected to continue for the remainder of the year. Consultancy income is underachieved due to staffing shortages, with overspends in specialist services linked to future commitments. Roads continues to be closely monitored due to anticipated shortfalls in income recharges to the capital programme, which are unlikely to be realised following a reduction in the capital plan. This has been offset to some extent by corresponding underspends in staffing, materials, and vehicle costs. However, emerging cost pressures, particularly in energy (to be reviewed as part of Council wide exercise), software licensing, and grounds maintenance, are contributing to the overall overspend. As at Quarter 2, this has resulted in a net overspend of £131,000. Harbours and Transportation shows mixed variances, including overspends on fleet repairs and rentals, but these are largely balanced by strong income from permits, service users, and school transport savings. 5.16 In total, an overspend of £211,000 is projected for the year across all services within Environmental and Commercial Services. These are discussed below. Energy cost variances are evident across all service areas, with significant impacts observed in Environmental and Commercial Services. As outlined in paragraph 5.6, a council-wide review of energy budgets is scheduled for Q3 to ensure allocations are aligned with current usage patterns and market conditions. Page 99
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Fleet Services is expected to end the year with a strong income position, despite minor cost pressures. Private contractor costs are projected to overspend by £15,000, while staff transportation will underspend by £10,000. Both areas are recharged to other heads, and income from these recharges is forecast to exceed budget by £200,000, reflecting successful recruitment and reduced reliance on external services. Open Spaces - Burial Grounds income is anticipated to fall short by a maximum of £50,000 for the year, depending on seasonal variation. While staffing savings have helped offset earlier pressures, this shortfall is expected to continue. In Catering, school meals income is projected to over achieve by £16,000. However, rising food costs may partially offset the additional income, and this will continue to be monitored closely. The rollout of Universal Free School Meals (UFSM) to P1–P5 and eligible P6–P7 pupils, alongside a trial for S1–S3, has increased meal volumes significantly. Food budgets are being closely monitored, and an additional £80,000 for staffing and provisions will be needed from the £357,000 additional funding this year to support the expansion of Free School Meals in P6-P7 (Appendix 5). Waste is forecast to overspend by £50,000 overall. Recycling contracts should remain favourable by £61,000 if market prices hold, and gas income from Dallachy is expected to add £20,000. Quarter 3 will include a review of the budget to determine the savings achievable from Dallachy’s closure. Income from residual Trade Waste and Green Waste are projected to underachieve by £107,000 and £33,000 respectively. In Consultancy, capital recharges are projected to underachieve by £99,000 due to staffing shortages, though this will be partially offset by £30,000 overachievement in other recharges. The review in Roads is ongoing, and significant pressures are anticipated. Street lighting costs are expected to overspend by £121,000, software licensing by £9,000, and grass verge maintenance by £42,000 to meet health and safety requirements. Winter maintenance is forecast to overspend by £293,000, using historic winter maintenance data, though some costs will be recovered through recharges. Internal fleet costs should underspend by £16,000, and other variances across services will be managed through recharges. In addition, wider variances are being reviewed across the service. These include a mix of offsetting factors such as staffing underspends, underachievement of capital recharges, and overachievement of other income/recharges. The net result is a projected year-end overspend of £492,000. Harbours and Transportation - An underspend of £273,000 is forecast in total. Car parks face a £12,000 overspend on Pay by Phone fees, caused by increased transaction volumes as more users opt to pay by phone, alongside an increase in the supplier’s service charge. Harbours anticipates overspends on rental £13,000, insurance excess £10,000, and Selkie repairs £47,000, though filming fees will generate an estimated £100,000 extra income this year. The Public Transport Unit (PTU) projects savings of £135,000 on school transport and £80,000 on minibus fleet costs. Transportation Management and Strategy expect an £80,000 energy overspend, offset by £90,000 charger income and £85,000 from roadwork permits. Economic Growth and Development Services Page 100
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5.17 Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Vacancy factor - 166 Income Planning Income (11) - Other Moray Development Plan - 15 Climate Change (Local Heat Energy Efficiency) - 10 Software Licences 5 - CCTV 6 - Community Safety 5 - Net Underspend 5 191 5.18 At Quarter 2, planning income is underachieved, primarily due to a reduction in smaller application fees. However, several larger applications, including Section 36 Energy Consent applications, are anticipated before the end of March 2026, which should improve the position. 5.19 The projected year-end variance reflects a £166k favourable movement from vacancy savings, alongside modest underspends in areas such as the Moray Development Plan (£15,000) and Climate Change initiatives (£10,000). Overall, the service is forecast to deliver a net underspend of £191,000. HR, ICT and Organisational Development 5.20 Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Staff savings - 81 Other Central Telephones (7) (53) ICT Software/Hardware (22) (112) Central Training 25 18 Misc Variances 2 - Net Overspend (2) (66) 5.21 The ICT Software and Hardware budget continues to face pressure, with an overspend of £22,000 recorded at Quarter 2. This is primarily due to dual running costs associated with the SWAN 2 replacement programme. In contrast, Central Training shows a £25,000 underspend at this stage, reflecting lower-than-anticipated expenditure to date. Page 101
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5.22 The projected year-end position for HR and ICT budgets indicate a mixed forecast. Staff savings are forecast to exceed target by £81,000. ICT Software and Hardware budgets remain under pressure, with a projected overspend of £112,000, of which £75,000 is due to dual running costs for the SWAN 2 replacement and £37,000 for additional Microsoft software licences. Central Training is expected to underspend by £18,000, while Central Telephones currently projects a £53,000 overspend, based on prior-year trends. This position is subject to change as the new telephony solution is implemented, with updated projections anticipated in Quarter 3. Financial Services 5.23 Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Staff savings - 203 Income VAT interest received (HMRC) 12 12 Other Banking and card payment fees (20) (58) Taxation postages (13) (55) NDR reliefs - (253) Small Service Improvement budget 13 - External Audit additional fees 2024/25 - (44) Legal case – Asbestos - (170) Misc Variances (16) (20) Net Overspend (24) (385) 5.24 At Quarter 2, the Small Service Improvement budget shows an underspend of £13,000, although this is fully committed and expected to be spent in full later in the year. Banking and card payment fees continue to present a budget pressure due to increase in the rate of charges, with an overspend of £20,000 to date. Within Taxation, postage costs are £13,000 above budget, reflecting higher activity levels. Additionally, VAT interest received from the HMRC on processing deadlines has contributed a £12,000 favourable variance, partially offsetting other pressures. 5.25 The projected year-end position indicates a mixed outlook, with significant staff savings of £203,000 expected to deliver a favourable variance. However, several budget pressures remain. Banking and card payment fees are forecast to overspend by £58,000, and postage costs within Taxation are projected to exceed budget by £55,000. Additional costs include £44,000 for external audit fees relating to 2024/25 due to additional work one-off arising from the implementation of IFRS 16 and from the Council’s turnover exceeding the £500 million threshold for larger entities and an estimated £253,000 overspend on Non- Domestic Rates (NDR) reliefs, driven by an increase in Empty Property relief per the mid- year estimate. Overall, the service is expected to close the year with a net overspend once these pressures are accounted for. Page 102
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Governance, Strategy and Performance 5.26 Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Staff savings - 121 Income Money Advice - income from Accountant In Bankruptcy (AIB) 14 15 Registrars 7 5 Licensing (mainly short term lets) 43 45 Other Discretionary Housing Payments (52) 34 Benefits Software (Civica) (48) (48) Scottish Welfare Fund awards (77) (170) Housing Benefits (46) (50) Customer Services various supplies & services 17 20 Customer Services - Mail Van 5 19 Elections Management System - (16) Misc Variances 14 21 Net Overspend (123) (4) 5.27 At Quarter 2, Licensing income is £43,000 above budget, primarily due to short-term let applications, and this trend will continue to be monitored. Discretionary Housing Payments show a net overspend of £52,000, reflecting the reduced 2024/25 funding payment from the Scottish Government (with 20% held back until year-end), partly offset by an underspend on 2025/26 awards to date. Significant cost pressures remain in Benefits Software (£48,000 overspend), Scottish Welfare Fund awards (£77,000 overspend), and Housing Benefits (£46,000 overspend). These variances have resulted in an overall net overspend of £123,000 at Quarter 2. 5.28 The projected year-end position indicates a near-balanced outcome, with offsetting variances across several areas. Staff savings are expected to deliver £121,000 of an underspend. Licensing income is forecast to remain above budget, primarily due to short- term let applications. Discretionary Housing Payments are projected to show a net underspend of £34,000, driven by an estimated £165,000 underspend on 2025/26 awards, partly offset by the reduced 2024/25 funding payment from the Scottish Government (20% held back until year-end). Cost pressures persist in Benefits Software, with a £48,000 overspend expected, and Housing Benefits, which are estimated to overspend by £50,000, though this remains difficult to predict. Scottish Welfare Fund awards present the most significant challenge, with a £170,000 overspend projected; this will be funded from the earmarked portion of the General Fund balance (£296,000). Other Services Page 103
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5.29 Q2 Variance Fav/(Unfav) £000 Projected Variance Fav/(Unfav) £000 Staffing Higher Interim Chief Executive salary and dual running costs for short period (36) (36) Other Additional pension costs (13) (25) Strain on Fund costs (4) (10) Accommodation costs (staff) (10) (10) Misc Variances (1) - Net Overspend (64) (81) 5.30 An overspend has been recorded in Quarter 2, primarily due to increased salary costs associated with the Interim Chief Executive role and dual-running arrangements over a short transitional period. Pension costs have also exceeded budget by £13,000 to date. This variance was flagged as potentially recurring in 2024/25 and will be subject to review to determine whether a budget adjustment is required. 5.31 The projected year-end position for Other Services reflects continued cost pressures identified at Quarter 2. Additional pension costs are forecast to exceed budget by £25,000, and a £10,000 overspend is anticipated for strain on the fund pension costs based on known cases. Health and Social Care and Children’s Services (MIJB) 5.32 At Quarter 2, Health and Social Care services delivered by the MIJB are reporting a £2,617,000 overspend. The figures included in this report relate purely to the services delivered by the Council on behalf of the MIJB. The MIJB is currently forecasting an overspend of £8,800,000 for the financial year. As a funding partner, the Council is responsible for 47% of this, equating to approximately £4,100,000. While £3,200,000 has been set aside in provisions to mitigate this, a remaining shortfall of £900,000 will need to be addressed. The MIJB is actively developing a financial recovery plan, which includes measures such as vacancy controls, reduced agency use, and a review of high-cost placements. Officers are working closely with the MIJB to monitor the position and support efforts to bring spending back within manageable levels. Loans Charges 5.33 The Loans Charges budget is profiled for year-end, aligning with the accounts closedown process. Forecasting of principal and interest repayments is an ongoing process and has been enhanced to improve the accuracy of financial projections. Additional budget of £3,200,000 was approved as part of budget setting and current projections indicate total costs of £21,167,000 against a revised budget of £20,407,000, resulting in an overspend of £760,000. However, once forecast interest on revenue balances (IORB) is factored in, the position moves to an estimated underspend of £740,000. This area remains highly sensitive to interest rate movements and cash flow and will continue to be closely monitored throughout the year. Page 104
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Budget Pressures and Additions 5.34 Budget pressures recognised when the budget was approved on 26 February 2025 (paragraph 9 of the Minute refers) are released when the pressure crystalises to the extent that it can be accurately quantified. Provisions to meet budget pressures and new duties totalling £6,232,000 have been released to date and these are itemised in APPENDIX 4. 5.35 Provisions still held centrally at the end of Quarter 2 total £5,903,000 and are detailed in APPENDIX 5 and given a RAG assessment for likelihood of requirement. 5.36 Two provisions are assessed as red, as no longer being required; a provision of £30,000 was set aside for the implementation of the Scottish Deposit Return Scheme. As the scheme has now been delayed, this funding will not be required in the current financial year. It is therefore proposed that this provision be removed, pending clarity on the revised scheme. The remaining balance of the Discretionary Housing Payment budget (£28,000) is not expected to be required and the budget has been realigned to reflect the confirmed grant award. 5.37 Eleven provisions, with a balance totalling £5,721 ,000, are currently assessed as amber. These include: • School Roll Numbers: Updated enrolment figures have been confirmed in October and, and calculations show a further £722,000 is due to be returned. • Out of Area (OOA) Placements and Supply Teachers: there is a contingency provision in the budget of £600,000, and £130,000 has been drawn from this for Cyber Security posts. To date, central supply shows and ASN absence shows overspend of £183,000 (projected £650,000) and OOA placements are over budget by £604,000 at Quarter 2 (projected £1,625,000). A detailed report will be prepared to seek approval for drawing down the necessary funding from this contingency. • MIJB Overspend allocation: A provision has been made for the Council’s share of any potential MIJB overspend. The actual requirement will not be confirmed until year end, although updated forecasts from Quarter 2 will provide a clearer indication. This provision will be held centrally and will not be released to MIJB. • Early Learning and Childcare Pay Uplift: The full budget allocation will be required, alongside a redetermination of the Scottish Government grant, as Scottish Government funding is not expected to cover the increase in partner provider payments required by Scottish Government. • Additional Support Needs (ASN): Requirements are under review and will be presented in a full report, initially to Education, Children’s and Leisure Services Committee. 5.38 Twenty provisions are classed as green and £10,217,000 has been drawn down. Savings 5.39 Savings of £7,889 ,000 were approved when the budget was set. These savings comprised one-off savings of £176,000 and other permanent savings of £7,713 ,000. This included a reduction of £1,600,000 for the provision for the Councils share of the MIJB overspend. 5.40 Of the original approved savings, a balance of £1,351,000 remains in central provisions as at the end of Quarter 2. These are detailed in APPENDIX 6 and given a RAG assessment for anticipated achievement. Page 105
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5.41 Six savings with a balance of £152,000 are highly unlikely to be achieved. This puts pressure on financial situation of the Council as these savings will need to be covered by further savings from elsewhere. • Waste Management – HWRC Opening Hours: £28,000 shortfall – Original proposal overestimated savings; fewer site closures implemented. • Guildry House: £7,000 shortfall – Savings maximised, but initial estimate was too high. • Community Support – Youth Workers (A6-5): £62,000 shortfall – Budget pressure not drawn down or carried forward; saving not achievable. • Money Advice: £29,000 - full saving achieved in 24/25 • Performance Monitoring: £16,000 shortfall – full saving achieved in 24/25 • Customer Services – Mail Van Frequency (F3-3): £10,000 shortfall – A duplicate entry; further savings may be identified in future proposals. 5.42 At this stage, nineteen savings totalling £1,390,000 are assessed as amber. Several of these savings have experienced delays, and their status is currently being confirmed. Further details on each saving are provided in APPENDIX 6. 5.43 Seventy-one savings assessed as green total £3,891,000 and have been processed. Revenue Budget Variances and Savings 5.44 To help address the projected budget shortfall for 2026/27, budget and service managers are being asked to proactively identify savings opportunities. 5.45 Review points will be reported in quarterly budget monitoring updates to Council, allowing the impact of proposed corrective actions to be tracked over time. This ongoing review process will support early identification of financial risks and help ensure that corrective measures are implemented promptly and effectively. Reserves 5.46 The Council needs to retain a certain level of free reserves in case of unforeseen contingencies or emergencies. The balance on free general reserves (ie excluding DSM and ear-marked reserves) as at 1 April 2025 was £6,000,000. This is the minimum level of reserves that can be held on free general reserves in terms of the Council’s financial reserves policy, recently reviewed and approved by Council on 25 September 2024 (paragraph 15 of the minute refers). 5.47 In addition to the free general reserve, the Council maintains several earmarked reserves designated for specific purposes. These include reserves for Transformation, Council Priorities (now covering only cash flow for the Moray Growth Deal), and other service- specific areas such as DSM. Due to the timing of funding allocations and delays in project delivery, some funds may remain unspent, leading to an accumulation in reserve balances. To ensure these funds are preserved and managed separately from the Council’s general working reserves, earmarked reserves allow for the controlled release of funds as expenditures occur, in accordance with approved plans. These include: Refugee resettlement funding, Education Attainment Fund, Whole Family Wellbeing Fund, Employability, Dorenell Windfarm fund, Sanquhar Loch. The opening balance of these earmarked funds at 1 April 2025 is £5,954,000 and £2,153,000 has been released to departments in the year to date. This excludes DSM reserve. The Working reserve which was previously used to cover any budget shortfalls was fully depleted in 2024/25. Page 106
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5.48 APPENDIX 7 provides a detailed breakdown of reserve movements during Quarter 2 and shows the free balance on the reserves at 30 September 2025. A summary of the movements in the year to date, along with the current reserve balances at 30 September 2025 is presented in the table below. Note that the Service Concession Reserve does not represent actual cash held by the Council. It is an accounting adjustment reserve, created through the flexibility in how the schools PPP contracts are accounted for. As such, it cannot be used to fund spending in the same way as cash-backed reserves but has been approved by Council to be used to mitigate the borrowing costs for Forres Academy until the Learning Estate Improvement Programme (LEIP) funding comes on stream. Opening Balance 1/4/25 Release of Reserve 2025/26 Free Balance 30/6/25 £000 £000 £000 General 6,000 - 6,000 Earmarked DSM 213 (213) - Transformation 5,892 (1,894) 3,998 Moray Growth Deal 3,699 - 3,699 Other Earmarked 5,954 (2,153) 3,801 Service Concession 7,526 - 7,526 Total 29,284 3,910 25,024 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: Page 107
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☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal There are no policy or legal implications arising directly from this report. 6.4 Financial The financial implications are noted within the body of the report and in APPENDICES 1-7. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk There are significant risks to the Council’s financial stability and planning processes due to major uncertainties around revenue budget overspends and the continued reliance on achieving planned savings. To mitigate this, templates have been issued to Heads of Service and budget managers to support the identification of recurring pressures and the development of savings plans. These risks are heightened by unplanned increases in costs, particularly on Out of Area placements for young people. 6.6 Staffing There are no staffing implications arising directly from this report. 6.7 Best Value and Transformation There are no best value and transformation implications arising directly from this report. 6.8 Property There are no property implications arising directly from this report. 6.9 Information Communications/Technology/Digital Page 108
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There are no information communication/technology/digital implications arising directly from this report. 6.10 Equalities, Social Inclusion and Economic Impact There are no equalities, social inclusion or economic impacts arising from this report. 6.11 Climate Change and Biodiversity Impacts There are no climate change or biodiversity issues arising directly from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with Executive Director, Education, Housing and Communities; Executive Director, Economy, Enterprise and Operations; Head of Growth, Planning and Climate; Head of Operations and Environment; Chief Governance Officer; Chief Education Officer; Head of Housing, Property and Communities; Head of Customer Experience, ICT and Digital Services. Any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 All background papers held by the author within Accountancy services. Page 109
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APPENDIX 1 MORAY COUNCIL - APPENDIX 1 BUDGET MONITORING REPORT QUARTER 2 to 30 SEPTEMBER 2025 Service Revised Budget 2025/26 £000s Budget to 30 September 2025 £000 Actual & Committed to 30 September 2025 £000s Year to date variance £000s Education, Resources & Community 12,450 8,015 7,865 150 Education 119,880 61,586 61,173 413 General Services Housing & Property 4,103 2,329 2,248 81 Environmental & Commercial Services 30,742 14,010 13,748 262 Economic Growth & Development Services 3,893 2,187 2,182 5 HR, ICT & Organisational Development 7,159 4,024 4,026 (2) Financial Services 1,881 1,438 1,462 (24) Governance, Strategy & Perfomance 6,480 4,118 4,241 (123) Other Services 2,658 1,414 1,478 (64) SERVICES excl HEALTH & SOCIAL CARE 189,246 99,121 98,423 698 Health & Social Care and Children's Services (MIJB) 85,500 43,832 46,449 (2,617) Health & Social Care (Non MIJB) 478 238 167 71 TOTAL SERVICES incl HEALTH & SOCIAL CARE 275,224 143,191 145,039 (1,848) Loans Charges 20,407 0 0 0 Provision for Contingencies and Inflation (379) 0 0 0 Additional Costs 5,903 0 0 0 Unallocated Savings (1,351) 0 0 0 TOTAL PROVISIONS 4,173 0 0 0 TOTAL GENERAL SERVICES EXPENDITURE 299,804 143,191 145,039 (1,848) 5.6% 43.0% 1.6% 9.8% 1.5% 2.8% 1.0% 2.9% 1.0% 30.6% 0.2%Budget YTD % of Total Education, Resources & Community Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care and Children's Services (MIJB) Health & Social Care (Non MIJB) 5.4% 42.2% 1.5% 9.5% 1.5% 2.8% 1.0% 2.9% 1.0% 32.0% Actual YTD % of Total Education, Resources & Community Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care and Children's Services (MIJB) Page 110
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APPENDIX 2 MORAY COUNCIL - APPENDIX 2 BUDGET MONITORING REPORT QUARTER 2 to 30 SEPTEMBER 2025 Service Revised Budget 2024/25 £000s Estimated Outturn 2024/25 £000s Anticpated Variance £000s Variance vs Base Budget % Education, Resources & Community 12,450 12,148 302 2.4% Education 119,880 122,433 (2,553) (2.1%) General Services Housing & Property 4,103 4,015 88 2.1% Environmental & Commercial Services 30,742 30,953 (211) (0.7%) Economic Growth & Development Services 3,893 3,702 191 4.9% HR, ICT & Organisational Development 7,159 7,225 (66) (0.9%) Financial Services 1,881 2,266 (385) (20.5%) Governance, Strategy & Perfomance 6,480 6,484 (4) (0.1%) Other Services 2,658 2,739 (81) (3.0%) SERVICES excl HEALTH & SOCIAL CARE 189,246 191,965 (2,719) (1.4%) Health & Social Care (IJB) 85,500 89,600 (4,100) (4.8%) Health & Social Care (Non IJB) 478 398 80 16.7% Adjustment to reflect cost sharing agreement 0 (3,200) 3,200 - TOTAL SERVICES incl HEALTH & SOCIAL CARE 275,224 278,763 (3,539) (1.3%) Loans Charges 20,407 19,667 740 3.6% Provision for Contingencies and Inflation (379) 31 (410) 108.2% Additional Costs 5,903 4,061 1,842 31.2% Unallocated Savings (1,351) (246) (1,105) 81.8% TOTAL PROVISIONS 4,173 3,846 327 8% TOTAL GENERAL SERVICES EXPENDITURE 299,804 302,276 (2,472) -0.8% 4.2% 40.0% 1.4% 10.3% 1.3% 2.4% 0.6% 2.2% 0.9% 28.5% Budget 2025/26 % of Total Education, Resources & Community Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care (IJB) 4.0% 40.1% 1.3% 10.1% 1.2% 2.4% 0.7% 2.1% 0.9% 29.3% 0.1%Est Outturn % of Total Education, Resources & Community Education General Services Housing & Property Environmental & Commercial Services Economic Growth & Development Services HR, ICT & Organisational Development Financial Services Governance, Strategy & Perfomance Other Services Health & Social Care (IJB) Cost sharing agreement Health & Social Care (Non IJB) Page 111
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Appendix 3 Allocated Budget Provisions for Contingencies and Inflation Additional costs Savings Budget Loan Charges Depreciation Total Budget £000s £000s £000s £000s £000s £000s £000s £000s Moray Council 26 Feb 2025 265,988 6,556 12,335 (7,889) 276,990 17,207 294,197 DSM School carry forwards 214 214 214 PEF/SEF carry forwards 766 766 766 Funded from Transformation Earmarked Reserve 142 142 142 Funded from Council Priorities Reserve 8 8 8 Funded from Other Earmarked Reserves 901 901 901 Additional GRG 65 65 65 Increase in Council Tax 150 150 150 Adjustment 1 - release to departments 3,020 (4,643) (3,061) 4,684 0 0 Corporate Committee 26 Aug 2025 271,254 1,913 9,274 (3,205) 279,236 17,207 0 296,443 Funded from Transformation Earmarked Reserve 842 842 842 Funded from Other Earmarked Reserves 486 486 486 Additional GRG 2,033 2,033 2,033 Adjustment 1 - Q2 adjustments (298) 341 (43) 0 Adjustment 2 - release to departments 907 (2,292) (3,712) 1,897 (3,200) 3,200 0 Moray Council 3 Dec 2025 275,224 (379) 5,903 (1,351) 279,397 20,407 0 299,804 Page 112
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Appendix 4 ALLOCATIONS FROM PROVISIONS Provision for Contingencies and Inflation Cttee Ref £000s £000s Balance at 30 June 2025 Corp 26/8/25 1,913 Released to departments in Q2: Non-teaching (SJC and CO) pay awards (3,186) Teachers pay awards (991) Indexation - School Transport (135) Indexation - PPP (147) Indexation - Other (44) Apprenticeship Levy (8) Regradings (29) Disturbance Allowance (3) Non Domestic Rates increases (94) Education DSM adjustment (188) Insurance increase (173) Contingency adjs 2,931 Adjustment for Care Placement savings (245) Moray Engage Platform 16 Elgin BID income budgets 4 Total Released to Departments (2,292) Balance at 30 Sept 2025 (379) Additional Costs Cttee Ref £000s £000s Balance at 30 June 2025 Corp 26/8/25 9,274 Adjustments: Appropriate Adult Funding (2) School DSM (200) Redeterminations: ELC Real Living Wage (£9.7m) 173 SRA Kinship and Foster Carers (£1.9m) 32 Holiday Playscheme Disabled Children (£1m) 16 Prisoner Early Release (£1.3m) 13 Childrens Social Care Pay Uplift 237 LA Resettlement Teams Funding 72 Released to departments in Q2: Budget pressures Environmental and Commercial (75) Economic Growth & Development 55 HR, ICT & Organisational Development (130) Loans Charges (3,200) New Burdens MIJB funding for eNIC - increased allocation (91) Service Developments Detached Youth Workers (8x0.69FTE) pay award (2) Redeterminations SRA Kinship and Foster Carers (£1.9m) (32) Childrens Social Care Pay Uplift (237) Total Released to Departments (3,712) Balance at 30 Sept 2025 5,903 Page 113
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Appendix 4 ALLOCATIONS FROM PROVISIONS Savings & Charges Cttee Ref £000s £000s Balance at 30 June 2025 Corp 26/8/25 (3,205) Adjustments: PPP Service Concession (318) Q1 budget templates - SMTFP MC 24/9/25 (82) Out of Hours Corp 10/6/25 (38) Increase vacancy factor in line with pay award (50) Remove Care Placement saving 245 School DSM 200 Released to departments in Q2: Environmental & Commercial Services savings 79 Economic Growth and Development savings (46) Housing and Property 340 Education 195 Education Resources and Communities 1,267 Governance, Strategy and Performance 42 HR, ICT & Organisational Development 14 Financial Services 6 Total Released to Departments Q2 1,897 Balance at 30 Sept 2025 (1,351) Page 114
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Appendix 5 BUDGET PRESSURES Description Original Amount Drawn Down Balance Status Comments £000 £000 £000 Education School roll numbers 99 17 82 Roll figures recently received - will be a further refund in Q3 £722k Environmental and Commercial Deposit Return Scheme 30 0 30 Delayed until 2027 - to be removed Bridge inspections 80 80 0 One off additional Road Safety budget 40 40 0 Economic Growth & Development Local Plan examination 50 0 50 Unlikely to be required this financial year. Potential cfwd to 2026/27 Development Plan Scheme - transportation appraisals 75 75 0 Housing and Property Central R&M re heating systems 100 100 0 Governance, Strategy and Performance Aultmore PLI (legal fees etc) 70 0 70 Legal fees associated with the Planning enquiry for Aultmore. Costs expected Q4 or early 2026/27. Cross Service eNIC - Impact of change in Employers NICs from April 2025 3,109 2,939 170 £91k allocated to MIJB. NI contribution increases on contracted out services (eNIC rates increase April 2025) 400 0 400 £64k will be drawn down in Q3 for ELC and Action for Children. Contingency (ref supply teachers, out of area, cyber-security) 600 130 470 1) Cyber Security posts budget drawn down (£130k) 2) Out of Area placements are forecast to continue to exceed budget; budget will be required. 3) Central supply and ASN absence budgets are overspent at Q2 (see report); to be reported to committee prior to drawing down budget Loans Increase in Loans Charges 3,200 3,200 0 MIJB Allocation for core overspend 3,400 0 3,400 As per Q2 report, will be required in full. Page 115
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Appendix 5 BUDGET PRESSURES (cont.) Description Original Amount Drawn Down Balance Status Comments £000 £000 £000 ADDITIONS New Burdens ELC pay uplift 162 0 162 Will be drawn down in Q3 Schools meals 357 0 357 Uptake in some schools is higher due to the introduction of UFSM for P6-7 in receipt of the Scottish Child Payment. This is causing pressure on staffing and additional hours will be required. Expected draw down of £80k for Q3. Children's services pay uplift - directed funding for caseload reduction 254 254 0 Children Young People Mental Health 189 265 (76) Health & Social Care Uplift 2,098 2,098 0 Personal & Nursing Care 197 197 0 DHP increase on tranche 1 80 52 28 Not required - budget updated to match grant award letter. MIJB funding for eNIC 480 480 0 ASN 485 0 485 Report going to committee. This will not be fully allocated this year but the balance will be required in 2026/27. National Trauma Transformation Programme - baselined 50 50 0 Appropriate Adult Funding 18 18 0 Service Developments Detached Youth Workers (8x0.69FTE) 38 37 1 Balance not required Levelling Up Fund 50 50 0 Redeterminations Employability Child Poverty Coordinators (£2.5m) 65 65 0 ELC Real Living Wage (£9.7m) 173 0 173 Will be drawn down in Q3 SRA Kinship and Foster Carers (£1.9m) 32 32 0 Holiday Playscheme for Disabled Children (£1m) 16 0 16 Prisoner Early Release (£1.3m) 13 0 13 Childrens Social Care Pay Uplift 237 237 0 LA Resettlement Teams funding 72 0 72 Will be drawn down in Q3 Total 16,319 10,416 5,903 Page 116
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Appendix 6 SAVINGS Description Amount Posted Balance Status Reason for balance £000 £000 £000 Environmental and Commercial Roads maintenance - hire out machinery (50) 0 (50) Supply issues led to delay in delivery. Still planned to hire out and communications are ongoing. No saving expected in 25/26 but is still being pursued. Dallachy - closure (630) 0 (630) A budget review will be undertaken in Q3 to assess and confirm savings. Fleet - Lease Specialist Vehicles (76) 0 (76) A review was undertaken and a number of vehicles have been removed from the fleet. However, the costs for hiring in short term vehicles as risen greater than initially projected. Planned to consider these vehicles as part of a spend to save. No saving expected in 25/26. Waste Management - Reduce HWRC opening hours (close 1 weekday) (50) (22) (28) Original template suggested a number of sites would close but this proposal was reduced. Full saving won't be met. D4-13 close Dallachy HWRC (10) (10) 0 D11-3 FRA and DIA - charges (Consultancy) (30) (30) 0 D11-2 Local supplier framework (Consultancy) (12) (13) 1 D6-8 Open Spaces - Full cost recovery from HRA of inspection/main of play areas (28) (18) (10) Only £18k saving can be achieved. £10k costs required for staff costs to cover the playground inspections. D7-4 Roads - Gully cleaning (50) 0 (50) Roads - full review being undertaken due to capital spend reduction D7-5 Roads - Street Lighting (50) (42) (8) Roads - full review being undertaken due to capital spend reduction Closure of Dallachy (30) 0 (30) As above, unlikely to be achieved this year. Fleet restructure DAR 0 (24) 24 Economic Growth and Development Statutory fees for planning applications (40) (40) 0 E2-5 Planning - new charge (25) (25) 0 E9-2 Admin - Restructure (31) (33) 2 Environmental Health (Appendix 5 item 10) (36) (38) 2 Econ Dev & Growth misc (3) (3) 0 Recharge Money Advice to HRA (110) (110) 0 CCTV (10) (10) 0 Saving from DAR2692 Senior Planning officer 0 (14) 14 Housing and Property Property - Take a more commercial approach to rent reviews (65) (65) 0 Property - Close two corporate offices (50) (51) 1 Page 117
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Appendix 6 SAVINGS (cont.) Description Amount Posted Balance Status Reason for balance £000 £000 £000 Housing and Property (cont.) Elgin Community Centre closure - VER (73) (33) (40) The council has agreed to support Elgin Town Hall for the Community to help cover utility costs, which equates to £30k p.a. C1-C5/1 Building Services/Property Services Corporate Repairs (10) (10) 0 C1-C5/1 Building Services - Depot Rental (100) (112) 12 C4-1 Housing Improvement Grants (70) (70) 0 C3-7 Moray Women's Aid Option 1 - reduce funding by 20% (26) (26) 0 Spend to Save - LED Lighting and Solar PV Project (75) (30) (45) Part year saving achieved in 2025/26. Guildry House (24) (17) (7) Saving taken as far as possible. Proposal over estimated the savings achievable. Temporary Accommodation (42) (42) 0 Education ELC CMP - NM's wks & 36.25-35hrs saving (1) (1) 0 Learning Technologist (7) (15) 8 Service concession (1,261) (1,261) 0 Increase in saving calculated. ELC - Reduce Early Years teaching team by 2 posts (50) (49) (1) ELC - Remove Early Years Principal Teacher post (47) (50) 3 Primary - Pupil teacher ratio move to statutory requirement (67) 0 (67) Dependent on roll numbers. £25k will be posted in Q3 Secondary Schools - Reduce DSM (112) (116) 4 Central Education - Remove 1QIM (24) (29) 5 Education - EAL team (38) (38) 0 Education - SES team (50) (50) 0 Educational Psychology (70) (70) 0 A1-7 partner nurseries in-service days (111) (111) 0 A18-3 ASN music (Change Budget holder for Music) (5) (5) 0 A18-4 AQA accreditation (4) (4) 0 A1-9 ELC Remove year round provision (245) (243) (2) A1-12 ELC Teachers to QIO (127) (127) 0 A1-8 ELC Vacant ESO post (32) (34) 2 A20-6 Central education budget (one off savings from budget used to support schools) (50) (50) 0 ELC CMP - YR to TT savings 24/25 (152) (152) (0) ELC Rental Income (18) (18) 0 Education Resources and Communities Library contract management systems (7) (7) 0 Remove Mobile Library Unit 0 (35) 35 Page 118
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Appendix 6 SAVINGS (cont.) Description Amount Posted Balance Status Reason for balance £000 £000 £000 Education Resources and Communities A6-5 Community Support - Youth Workers (62) 0 (62) This relates to the BP for 2024/25 that was not drawn down, therefore the saving cannot be taken. A6-9 Community Support - Community Capacity (4) (4) 0 Learning Estate review of operational budget (15) 0 (15) From budget review templates Q1 Governance, Strategy and Performance Money Advice (29) 0 (29) Saving taken in full in 24/25. Performance monitoring (16) 0 (16) Already removed from base budget. Welfare Benefits & Money Advice - Co- locate Citizen's Advice Bureau (20) 0 (20) Discussions with CAB are ongoing. Uncertain if saving will be achieved. GSP - internal mail (10) (10) 0 Registrars income (5) (5) 0 Benefits Team charges to the Accountant in Bankruptcy (10) (10) 0 HR, ICT and Organisational Development F4-9 HR No compulsory redundancy (40) (45) 5 HR misc (3) (3) 0 HR ICT contracts (90) 0 (90) Potentially up to 2/3 of proposed savings cover ringfenced budgets like IJB/HRA so will be difficult to realise. F3-3 Customer Services - mail van frequency (10) 0 (10) Duplicate saving. Additional savings may be achievable and will be included in future proposals. Financial Services F6-15 Accountancy - Principal Accountant post (32) (32) 0 F6-14 Increase CTX collection rate (108) (106) (2) Contract Rebates (10) (10) 0 Cross Service Increase vacancy factor in line with pay awards (3%) (200) (111) (89) EV / ULE salary sacrifice (20) 0 (20) Currently on schedule for launching later this year. Page 119
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Appendix 6 SAVINGS (cont.) Description Amount Posted Balance Status Reason for balance £000 £000 £000 Improvement & Modernisation Programme: Smarter Working Phase 2 (18) 0 (18) Potential for this to be partly achieved. NDR reduction for Registrars move from 236-240 High St expected in Q3. Smarter Working Phase 3 (50) 0 (50) Unlikely to achieve Ph3 savings in 2025/26 LEAN review (8) 0 (8) Out of Hours review (157) (118) (39) Achieved from Q2 onwards (part year) Temporary Savings Grampian Valuation Joint Board - refund of surplus (50) 0 (50) Dependent on audit of accounts. LHEES saving (5 years) (50) (50) 0 Capitalise salary for Project Officer of Forres Academy new build (76) (80) 4 Income target per budget paper (257) (344) 87 Total Approved when budget set (5,634) (4,283) (1,351) Page 120
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Appendix 7 FUNDING FROM RESERVES General Reserves Budget released £000s Approved £000s Balance at 30 June 2025 6,000 Free balance at 30 Sept 2025 6,000 Transformation Ear marked Reserve Budget released £000s Approved £000s Balance at 30 June 2025 5,750 Released to departments Q2 Project Officer - Library & Leisure Review (£90k) (39) SOLACE IS Tranche 1 & 2 (12) Leader Management Development fund (130) Smarter Working (10) SWAN 2 (564) Future Workforce (81) Corporate Management structure/CE mentoring (6) (842) Committed Education Intervention Fund (MC 26/2/25) (560) Customer Relationship Management system (350) Free balance at 30 Sept 2025 3,998 MGD Cash Flow Reserve Budget released £000s Approved £000s Balance at 30 June 2025 3,699 Free balance at 30 Sept 2025 3,699 Service Concession (PPP) Budget released £000s Approved £000s Balance at 30 June 2025 7,526 Free balance at 30 Sept 2025 7,526 Other Ear Marked Reserves Budget released £000s Approved £000s Balance at 30 June 2025 4,287 Released to departments Q2 Elgin Neighbourhood Board (109) Employability Community space hub (22) Refugee Resettlement Funding (73) Whole Family Wellbeing Fund (282) (486) Free balance at 30 Sept 2025 3,801 Total £000s Balance at 30 June 2025 27,262 Total released to departments Q2 (1,328) Committed (910) Total free balance at 30 Sept 2025 25,024 Page 121
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Chief Executive Author: Lesley Rash Contact Email: lesley.rash@moray.gov.uk Subject: Capital Monitoring to 30 September 2025 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to inform the Committee of the expenditure to 30 September 2025 under the capital plan for financial year 2025/26 and to recommend budget adjustments for inclusion in the capital plan for 2026/27 and future years. 1.2 This report is submitted to Committee in terms of Section III (B) five of the Council's Scheme of Administration relating to monitoring progress of projects in the approved capital plan including any revisions to the price or phasing on a quarterly basis. 2. SUMMARY 2.1 The capital plan for 2025/26 totalling £64,045,000 was approved by Moray Council on 21 January 2025 (paragraph 7 of the minutes refers). The Council approved amendments to the capital plan on 19 February 2025 (paragraph 12 of the minute refers) and 25 June 2025 (paragraph 8 of the draft minute refers) of which £9,291,000 was to be allocated to 2025/26. The Council on 26 August 2025 (paragraph 5 of the minute refers) agreed a carry forward of £25,401,000 from 2025/26 to 2026/27 and an adjustment of £3,121,000, in 2025/26. The result of these amendments is an amended capital plan for 2025/26 of £51,056,000 2.2 Capital spend to 30 September 2025 was £16,580,000 against a spend forecast of £20,345.000 as set out in APPENDIX 1. In total, eight of 13 Asset Groups did not meet spend projections for quarter two (Q2). 2.3 The Q2 report includes emphasis on the delivery of the capital plan, with greater focus on quarterly spend and scrutiny of slippage. Item 9. Page 123
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2.4 Further amendments of £694,000 to the capital plan are recommended as per section 6 of the report, which if approved would result in an amended capital plan for 2025/26 of £50,362,000 3. RECOMMENDATIONS 3.1 It is recommended that the Council considers and notes: i) expenditure to 30 September 2025 of £16,580,000 shown in APPENDIX 1; ii) APPENDIX 2 – major capital projects spanning more than 1 financial year; and iv) the indicative affordability indicator for each year of the three-year 2025 to 2028 capital plan. 3.2 It is recommended that the Council approves amendments of £694,000 to the capital plan for 2025/26 as set out in section 6. Lesley Rash Accountant 4. BACKGROUND AND CONTEXT 4.1 The capital plan for 2025/26 totalling £64,045,000 was approved by Moray Council on 21 January 2025 (paragraph 7 of the minutes refers). The Council approved amendments to the capital plan on 19 February 2025 (paragraph 12 of the minute refers) and 25 June 2025 (paragraph 8 of the draft minute refers) of which £9,291,000 was to be allocated to 2025/26. The Council on 26 August 2025 (paragraph 5 of the minute refers) agreed a carry forward of £25,401,000 from 2025/26 to 2026/27 and an adjustment of £3,121,000, in 2025/26. The result of these amendments is an amended capital plan for 2025/26 of £51,056,000 4.2 Quarterly monitoring reports are made to the Corporate Committee or to Council showing expenditure to date for each programme or project included in the capital plan and details of capital receipts received. 4.3 The Q1 Capital Plan 2025/26 monitoring report to Corporate Committee on 26 August 2025 (paragraph 5 of the minute refers) introduced an amendment to the format of the report, which includes greater focus on plan delivery as well as scrutiny of underspends. Budget Managers within relevant asset groupings that do not meet 90% of their spend target in any quarter will be asked to provide detail on why the spend was not achieved, but also what is being done to ensure spend is brought back into profile for the following quarters. 4.4 A red, amber, and green scale has been established. Asset groups that deliver under 90% of profile spend in the quarter or are expected to overspend against full year budget are marked red. Asset groups that delivered over 110% of spend but are expected to come Page 124
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within full year budget are marked amber. Asset groups that deliver 90% - 110% of profile spend and expected to come within full year budget are marked green. This will run in tandem to the system historically used to moderate anticipated spend typically seen in the Q3 report. 5 CAPITAL CAPITAL PLAN 5.1 A copy of the capital plan is included as APPENDIX 1 detailing expenditure of £16,580,000 to 30 September 2025. Expenditure to date has been funded from General Capital Grant (£5,366,000); Moray Growth Deal (£2,297,000); other capital grants (£1,863,000); Levelling Up Fund (£983,000); asset sales (£300,000); developers contributions (£5,000) and the balance being Prudential borrowing (£5,776,000). APPENDIX 2 provides detail on major capital projects spanning more than 1 financial year. The following paragraphs provide a breakdown of variances to date. In total, eight of 13 Asset Groups did not meet spend projections for Q2. For budgets with variance of +/- 10% further narrative is provided. Estimated full year figures, and variance are set out in APPENDIX 1. 5.2 Fleet and Plant Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 1,288 1,092 118% Spend to Q2 was £1,288,000 against a forecast spend to date of £1,092,000 an overspend to date of £196,000. The overspend arose from the early completion of body build and fitting. This early expenditure is expected to result in a corresponding underspend in Q3, balancing the overall spend across both quarters. 5.3 Waste Management Expenditure to 30/09/2025 (£000) Forecast to 30/09/025 (£000) % achieved 977 925 106% Spend to Q2 was projected to be £925,000 with an actual spend of £977.000, an overspend to date of £52,000. The majority of spend to date has related to the final capping works at Dallachy landfill site (£960,000). The overspend is due to these capping works progressing ahead of schedule (£70,000). This is partly offset by underspend on domestic and trade waste bin replacements, as a result of supply issues (£18,000). The overall Waste Management budget is expected to be delivered fully within the financial year, with no anticipated overspends at this stage. Page 125
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5.4 Property Estate Management Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 513 725 71% Spend to Q2 was projected to be £725,000 with an actual spend of £513,000, an underspend to date of £212,000. Salt Barn Project (Spend-to-Save Initiative): An overspend of £17,000 was recorded, primarily due to consultant fees being incurred earlier than originally planned. The project is delayed as a result of the initial tender return providing unaffordable options. A review of the tender process was undertaken and the revised procurement is progressing, scheduled to be completed by the end of March. Solar PV, and LED Lighting: The Solar PV and LED lighting upgrade project, aimed at improving energy efficiency and lighting quality in Headquarters and Elgin Library, was successfully completed in October (£438,000). The final invoice for the works is scheduled to be processed in the next financial quarter. Solar Project The underspend of £208,000 is attributed to two key factors. Firstly, costs initially earmarked for solar panels were instead covered by the Energy Efficiency Project. Secondly, a new staff member has been appointed to the team and will provide a fresh perspective on the project. Consequently, all spending has been deferred to the final quarter, pending their recommendations. 5.5 Roads, Bridges and Street Lighting Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 3,589 3,403 105% Spend to Q2 was projected to be £3,403,000 with an actual spend of £3,589,000, an overspend to date of £186,000. Bridges An overspend of £274,000 has been recorded for the Blackhills Culvert project. This was primarily due to design changes and additional traffic management requirements. During the investigation phase, it was determined that the original structure was not structurally sound due to significant cracking in the brickwork. As a result, the existing structure could not be reused, which contributed to the increased final cost. The project is now expected to exceed its original budget. However, there is potential to absorb this overspend within the overall asset class allocation, subject to progress on other projects. Car Parks Overspend to date of £315,000 on the multi-storey car park at Batchen Lane, Elgin. Work has been successfully completed ahead of schedule and within budget. Page 126
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Road Improvements To the end of Q2, there has been a total underspend of £394,000, primarily attributable to the re-profiling of certain projects. As a result, expenditure is now anticipated to occur later in the financial year. All projects remain on schedule for delivery within the current financial year. The programme is fully committed, with some works already completed and others currently underway. Traffic had an underspend of £37,000 largely due to the costs moving to the next quarter as a result of a delay with procurement for a specific project. The remaining variances are due to reprofiling of spend and disputing the invoices from a supplier. Street Lighting An overspend by £120,000 in Q2 was due to the accelerated delivery of the column replacement programme, timed to take advantage of favourable weather conditions. As winter approaches, focus will shift to revenue maintenance repairs and annual testing. This seasonal shift will reduce capital expenditure for the remainder of the financial year. Overall, a full £29,000 overspend is currently estimated against the asset class. 5.6 Open Spaces Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 735 1,841 40% Spend to Q2 was projected to be £1,841,000 with an actual spend of £735,000, an underspend to date of £1,106,000. Elgin Cemetery. The spend in Q2 was lower than expected by £1,104,000 with works slipping into Q3 due to minor delays. Progress remains on track and completion is anticipated before the end of the calendar year. This will allow for a settling period prior to the site being brought into operational use for burials. Play Area Upgrade Programme. The programme is progressing in line with the approved schedule, with works completed at Hopeman and Pilmuir, Forres. Further expenditure is anticipated as installation begins on upgrade projects at Aberlour, Achiestown, Lossiemouth and Elgin in the coming quarters. 5.7 Flood Risk Management and Coastal Protection Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 79 124 64% Spend to Q2 was projected to be £124,000 with an actual spend of £79,000, an underspend to date of £44,000. The underspend was primarily due to staff shortages within the team resulting in delays on the Cullen Seawall and Millbuies projects. The work has now been completed with corresponding spend to be reported in Q3. Page 127
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5.8 Harbours Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 269 393 68% Spend to Q2 was projected at £393,000 with an actual spend of £269,000, resulting in an underspend of £124,000. This is due in part to a £25,000 contingency for weather-related delays at Buckie Harbour that was not required, reducing costs for that project. An additional £90,000 underspend occurred at Portknockie and Burghead Harbour due to a forecasting discrepancy. Current forecasts indicate the harbour projects will be delivered under the original financial allocation, with an estimated full year underspend of £58,000 as at the end of Q2, which may be allocated to cover predicted overspends on the Roads, Bridges and Street Lighting asset group as noted in paragraph 5.5. 5.9 Libraries and Leisure Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 69 595 12% Spend to Q2 was projected to be £595,000 with an actual spend of £69,000, an underspend to date of £526,000. 3G Pitch Refurbishment An underspend of £50,000 was due to works at Milnes High School being delayed due to another contractor being on site and the school not wanting dual disruption. As a result, works have been postponed until November. Pool Equipment An underspend of £27,000 resulted from supplier issues related to hoist equipment at Forres, Buckie and Keith swimming pools. These issues have been resolved and the project is now back on track. Moray Leisure Centre An underspend of £399,000 due to awaiting outcome of Committee decisions. A paper was submitted to Full Council on 24 September 2025 (para 18 of the draft minute refers) and members agreed that apart from critical works identified no further capital or revenue funding would be released until the necessary governance agreements are finalised. Refurbishment & upgrade of pools An amended capital spend profile was submitted as part of the above paper and £1,593,000 was to be deferred to future years. Full details of a budget amendment can be seen in paragraph 6.7. 5.10 ICT Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 193 264 73% Spend to Q2 was projected to be £264,000 with an actual spend of £193,000, an underspend to date of £71,000. Page 128
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Two projects account for most of the underspend: the Call Recording project £35,000 and the Virtual Private Network (VPN) Replacement project £27,000. Both have spend committed. The Call Recording project is nearing completion and is expected to go live shortly. The VPN Replacement project, however, is slightly behind schedule. Progress is contingent on BT’s involvement, but assuming their commitment remains on track, the Council’s associated spend should be realised in Q3. BT is progressing a national programme to replace analogue landlines with digital voice services. While the ICT Infrastructure Team initially understood the completion deadline to be January 2027, BT has since confirmed that the Council must complete its transition by December 2025. Current work on the corporate telephony solution will contribute to this programme, but additional network infrastructure projects, such as telephony upgrades in schools, will also be required. Some of this work will need to proceed immediately due to the revised timescales, and its impact on the Capital Plan will be reviewed accordingly. To date, activity has largely focused on asset procurement (e.g. laptops, desktops, servers), where budgets can be more easily adjusted. However, work planned for Q3 and Q4 is project-based and will be more difficult to scale back under reduced funding. A detailed analysis will therefore be undertaken in Q3 to assess the implications and inform any necessary adjustments to project priorities and capital allocations. 5.11 Learning Estate Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 5,291 7,015 75% Spend to Q2 was projected to be £7,015,000 with an actual spend of £5,291,000, an underspend to date of £1,724,000. The BB Upgrade Programme saw slippage of £809,000 by Q2 as a result of both project savings and minor delays. Smarter procurement resulted in economies of scale for window replacement works at both Milnes High and Speyside High schools meaning an overall reduction in project costs. These savings will be reallocated to future schools under the BB programme. Minor design and construction delays also impacted spend plans, however the project team believe these can be largely recovered over the subsequent quarters with a full year underspend of £91,000 expected on the programme. Major refurbishment and rebuild projects were under spent by £915,000 as at Q2, primarily attributable to the future Forres Academy build. A confidential paper was presented to the Education, Children’s, and Leisure Services Committee on 25 November 2025 (paragraph X of the draft minute refers) providing further detail on the progress of this project. Whilst some of this slippage can be recovered the project team as at Q2 estimate a full year underspend of £441,000 on major refurbishment and rebuild projects, bringing the full year estimated underspend on the Learning Estate to £535,000, which represents a delivery of 96% of approved budget. 5.12 Moray Growth Deal Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved Page 129
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2,503 2,688 93% Spend to Q2 was projected to be £2,688,000 with an actual spend of £2,503,000, an underspend to date of £165,000. Key issues experienced include: Elongating timescales associated with moving the Business Enterprise Hub project into delivery meaning a Q2 claim could not be made. Ongoing legal and partnership issues with the South Street mean it will not enter delivery until late Q3 / into Q4 at the earliest. Use of NEC contract x22 clause extended procurement timescales for Cultural Quarter Elgin Town hall tender award meaning the acceleration of spend associated with construction activity will not be seen until mid Q3. Digital Health spend, whilst still on track for the financial year, has moved to Qs 3 and 4. Anticipated slowdown in Housing Mix Delivery spend as a result of discussions with partners to progress development activity taking longer than anticipated (change request to document this due to be discussed at the MGD Programme Board in November 2025). 5.13 Levelling Up Fund Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 983 1,194 82% Spend to Q2 was projected to be £1,194,000 with an actual spend of £983,000, an underspend to date of £211,000. Spend to date relates to enabling works at the South Street development in Elgin (£750,000), project management costs (£120,000), and other early design work (113,000). The programme is experiencing a series of internal and external delays, with the most notable being extended discussions with external partners to finalise legal agreements. The programme lead has confirmed there is little scope to bring spend back on track and is forecasting full year slippage of £2,807,000 because of these delays. 5.14 Funded Spend Expenditure to 30/09/2025 (£000) Forecast to 30/09/2025 (£000) % achieved 90 88 102% Spend to Q2 was projected to be £88,000 with an actual spend of £90,000 and overspend to date of £2,000. Spend to date is related to Town Centre Improvement Plans (67,000) and delivery of works funded by the Nature Restoration Fund (£21,000). 6. CAPITAL PLAN AMENDMENTS 6.1 The following amendments are recommended for approval. Asset Class Paragraph Ref Q2 Adjustment Q2 C/F / (B/F) Request Page 130
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£000 £000 Increase Funded Spend (Nature Restoration Fund) 6.2 181 Property Estate Management (Energy Efficiency Projects) 6.3 477 Learning Estate (Early Learning & Childcare) 6.4 9 (9) Open Spaces 6.5 168 Moray Growth Deal (Manufacturing Innovation Centre) 6.6 64 (64) Total Increase 899 Decrease Libraries & Leisure 6.7 (1,593) 1,593 Total Decrease (1,593) 1,520 Total Net Amendments (694) 6.2 Funded Spend (Nature Restoration Fund) It is recommended that Scottish Government grant received for £181,000 be allocated to this year’s capital plan. The 2025/26 grant allocation is greater than anticipated as it equates to two years funding. Therefore, it is likely that part of the fund allocation would be carried forward to 2026/27 and 2027/28 to deliver actions within the same project areas to maximise the biodiversity and social benefits to be achieved. 6.3 Property Estate Management (Energy Efficiency Projects) It is recommended that £477,000 be allocated to the capital budget to match spend for energy efficiency projects under the Spend to Save initiative. Members agreed at Full Council on 13 August 2024 (paragraphs 14 and 15 of the Minute refer) to fund LED replacement and solar panel installations for council assets, with delegated authority provided to the Head of Housing and Property and Chief Financial Officer. Spend to date has seen upgrades at Ashgrove Depot; Council Headquarters and Annexe; and Elgin Library. 6.4 Learning Estate (Early Learning and Childcare) It is recommended that £9,000 is reinstated from amounts previously carried forward to 2026/27. Works initially planned in 2026/27 to increase capacity at Seafield Primary School have been rescoped and can now be delivered in a phased approach. The expansion will ensure that the Elgin Academy Associated School Group can meet anticipated future demand for funded places for 3 and 4-year-olds. 6.5 Open Spaces It is recommended that the £168,000 incorrectly included as part of the 2025/26 cap on capital is re-instated. A directed portion of the General Capital Grant received from Scottish Government for the funding of playparks was incorrectly included as part of the capping calculation. Page 131
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6.6 Moray Growth Deal It is recommended that £64,000 from 2026/27 budget is brought forward to cover the reprofile of spend related to the Manufacturing Innovation Centre project. A change request has been submitted through the established governance channels for the Growth Deal. 6.7 Libraries and Leisure It is recommended that £1,593,000 is re-profiled in the 2027/28 financial year as noted in paragraph 5.9 to reflect the decision by Full Council on 24 September 2025 (para 16 of the draft minute refers). 7. AFFORDABILITY INDICATOR 7.1 The indicative affordability indicator as of 30 September 2025 has been recalculated for each year of the 2025/28 capital plan. Ratio of Financing Costs to Net Revenue Budget 2025/26 2026/27 2027/28 £000 £000 £000 Financing Costs 21,258 22,1642 24,466 Net Revenue Budget 295,760 300,535 311,935 Affordability Indicator (Internal) 7.25% 7.20% 7.84% Affordability Indicator (External) 9.43% 9.35% 9.92% 7.2 The 2025/26 indicator has seen a minor shift upward to 7.25% (Q1 7.24%) as a result of refinement of estimated finance costs offset partly by increased forecast revenue. Years two and three of the plan have seen a reduction to better reflect planned phasing of prior year carry forward balances, with expenditure now expected in 2027/28. From 1 April 2025, costs related to leases are excluded from the figure reported to committee but will form part of any external reporting where the treatment needs to be recognised. This ensures that only decisions on the capital plan by committee are reflected in the affordability indicator. Accounting for leasing costs the affordability indicator is within the set threshold of 10% for all three years. 7.3 Early development of the next iteration of the indicative 10-year plan is already underway, and it will be recommended that a rolling three-year capital plan for the period 2026 to 2029 is presented to Council in January 2026. The affordability indicator will be updated for future years as and when further information on spend plans becomes available. 8 SUMMARY OF IMPLICATIONS 8.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Page 132
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Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 8.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☐ Improving wellbeing of our population 8.3 Policy and Legal There are no policy or legal implications arising directly from this report. 8.4 Financial The financial implications are noted within the body of the report and in APPENDIX 1 and APPENDIX 2. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments - - - - - - Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Page 133
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- - - - - - 8.5 Risk Budget managers are aware of their responsibilities for managing budget allocations and approval for variance will be sought from Council in line with the financial regulations. 8.6 Staffing There are no staffing implications arising directly from this report. 8.7 Best Value and Transformation There are no best value and transformation implications arising directly from this report. 8.8 Property There are no property implications arising directly from this report. 8.9 Information Communications/Technology/Digital There are no information communication/technology/digital implications arising directly from this report. 8.10 Equalities, Social Inclusion and Economic Impact There are no equalities issues arising directly from this report. 8.11 Climate Change and Biodiversity Impacts There are no direct climate change and biodiversity impacts arising directly from this report. 9. CONSULTATION 9.1 This report has been prepared in consultation with capital budget managers and all Heads of Service and any comments made have been incorporated into the report 10. BACKGROUND PAPERS 10.1 All background papers held by the author within accountancy service. Page 134
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Moray Council Capital Programme 2025/26 As at 30th September 2025 Section 6. Section 5. Current Capital Plan 2025/2026 Q2 Amendments for Approval Amended Capital Plan After Approval Actual Expenditure Q1 Actual Q2 Actual Q3 Budget Q4 Budget Projected Expenditure Estimated (Over)/Under Spend Asset Group £000 £000 £000 £000 £000 £000 £000 £000 £000 £000 Fleet and Plant 2,411 0 2,411 1,288 402 887 487 636 2,411 -0 Waste Management 1,655 0 1,655 977 36 940 461 218 1,655 0 Property Estate Management 1,161 477 1,638 513 28 485 196 512 1,638 -0 Roads, Bridges and Street Lighting 6,215 0 6,215 3,589 670 2,920 1,623 1,031 6,244 -29 Open Spaces 4,045 168 4,213 735 77 658 658 878 4,213 0 Flood Risk Management and Coastal Protection 359 0 359 79 25 55 230 51 359 -0 Harbours 747 0 747 269 22 247 288 133 689 58 Libraries and Leisure 2,957 -1,593 1,364 69 40 29 691 604 1,364 -0 ICT 526 0 526 193 75 119 195 138 526 -0 Learning Estate 14,642 9 14,651 5,291 582 4,709 5,262 3,566 14,120 531 Moray Growth Deal 10,791 64 10,855 2,503 1,498 1,006 2,423 5,929 10,855 -0 Levelling Up Fund 5,117 0 5,117 983 596 387 312 1,015 2,310 2,807 Funded Spend 430 181 611 90 3 88 24 496 611 0 51,056 -694 50,362 16,580 4,053 12,527 12,849 15,206 46,995 3,367 Funding Prudential Borrowing 24,929 5,766 22,574 General Capital Grant (exc PSHG and CYPA) 9,088 5,366 9,088 Moray Growth Deal 10,791 2,297 10,855 Levelling Up Fund/Town Centre Board 5,117 983 2,310 Other Grants & Contributions 0 1,863 1,863 Flood Risk Management 0 0 0 Developers Contributions 1,031 5 5 Useable capital receipts b/f 0 0 0 Receipts generated in year 100 300 300 51,056 16,580 46,995 Appendix 1 Page 135
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Major Capital Projects spanning more than 1 financial year (as at 30 September 2025) Appendix 2 Total budget Total Expenditure in previous years Current budget 25/26 Spend to Q2 25/26 Remaining budget 25/26 Projected future years budget required Estimated Final Cost Projected Variance £000 £000 £000 £000 £000 £000 £000 £000 Moray Growth Deal Bus Revolution 4,000 1,281 566 516 50 2,153 4,000 - Early Years STEM 4,800 457 1,643 1,019 624 2,700 4,800 - Housing Mix Delivery 7,500 2,977 1,114 43 1,071 3,409 7,500 - Cultural Quarter 28,235 1,767 5,612 405 5,207 20,856 28,235 - Business Enterprise Hub 3,300 - 768 768 2,532 3,300 - Moray Aerospace, Advanced technology and Innovation Campus 27,035 - - - - 27,035 27,035 - Manufacturing Innovation Centre Moray 3,052 512 433 314 119 2,107 3,052 - Digital Health and Care Innovation 5,000 4,141 719 206 513 140 5,000 - 82,922 11,135 10,855 2,503 8,352 60,932 82,922 - Levelling Up Fund Project Management 996 82 366 120 246 548 996 - South Street Regeneration 4,800 698 2,843 750 2,093 1,259 4,800 - Lossie Wynd & Commerce Street 550 7 67 6 61 476 550 - Traffic Bollards 1,000 2 19 2 17 979 1,000 - Railway Bridge Active Travel 360 1 120 2 118 239 360 - Junctions Edgar Rd&Laichmoray 3,600 1 182 2 180 3,417 3,600 - Cooper Park Pond 819 - 144 32 112 675 819 - Cooper Park Cafe & Toilet 1,128 2 140 16 124 986 1,128 - M&Co (Gordon Arms) 3,150 - 875 16 859 2,275 3,150 - Sawmill Flood Scheme 1,728 5 301 36 265 1,422 1,728 - Moss Street 800 - 60 1 59 740 800 - 18,931 798 5,117 983 4,134 13,016 18,931 - Learning Estate Forres Academy 91,800 1,115 3,844 1,340 2,504 86,841 91,800 - TOTAL 193,653 13,048 19,816 4,826 14,990 160,789 193,653 - Page 136
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Chief Executive Author: Lorraine Paisey Contact Email: lorraine.paisey@moray.gov.uk Subject: Short to Medium Term Financial Plan 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to update the Short to Medium Term Financial Plan for the period 2025/26 to 2027/28. 1.2 This report is submitted to Council in terms of Section III A (2) of the Council's Scheme of Administration relating to revenue and capital budgets. 2. SUMMARY 2.1 This report gives an update on the budget for 2025 and the indicative budgets for 2026/27 and 2027/28 noted by Council on 26 February 2025, when the budget for 2025/26 was approved (paragraph 3 of the minute refers). At that point the budget for 2025/26 was balanced but a budget gap was forecast for 2026/27 and 2027/08. The Short to Medium Term Financial Strategy approved by Council on 26 June 2025 (paragraph 9 of the Minute refers) set out an approach towards closing this budget gap. This report follows that Strategy. 2.2 Amendments to the Council’s budget for 2025/26 and indicative budgets were approved by Council on 24 September 2025 (paragraph of the Minute refers). The savings estimated to be required over the three year period were reduced from £1.99 million to £1.573 million, with a reduction in the budget gap as a percentage of the net revenue budget in 2025/26 from 0.65% to 0.52% (target savings per the Short to Medium Term Financial Strategy 0.82%). 2.3 The estimated out-turn for 2025/26 is the subject of a separate report to this meeting and the impact of the estimated out-turn (an overspend of £2.472 million) is included in the figures in APPENDIX 1. In year savings will be sought Item 10. Page 139
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to cover at least part of this overspend but the Overview in APPENDIX 1 shows the impact of carrying forward the entire overspend into 2026/27 in base budget to show the full impact this overspend would have if not contained as a matter of urgency. 2.4 The report also reflects an estimate of the funding from Scottish Government for a quarter of the SJC pay award for 2025/26. 2.5 Further savings totalling £16,000 in 2025/26 and £18,000 in 2026/27 are proposed. 3. RECOMMENDATIONS 3.1 It is recommended that Council approve: i) An increased savings target of up to £2.4 million in 2026/27, with in-year savings in 2025/26 to be maximised to preserve the Council’s reserves as much as possible; ii) Savings of £16,000 in 2025/26 and £18,000 in 2026/27 from Education budgets, as set out in paragraph; and iii) Additional funding to Moray Integration Joint Board (MIJB) from the additional funding from Scottish Government for the 2025/26 pay award, pro rata to the MIJB budget for salaries. 3.2 It is also recommended that Council note the risks and uncertainties currently identified in paragraph 5.5 to 5.10 and listed in APPENDIX 2 to this report. Lorraine Paisey Chief Financial Officer 4. BACKGROUND AND CONTEXT 4.1 This report gives an update on the budget for 2025 and the indicative budgets for 2026/27 and 2027/28 noted by Council on 26 February 2025, when the budget for 2025/26 was approved (paragraph 3 of the minute refers) and updated on 24 September 2025 (paragraph 10 of the minute refers). A budget gap was forecast for 2026/27 and 2027/08. The Short to Medium Term Financial Strategy approved by Council on 26 June 2025 (paragraph 9 of the Minute refers) set out an approach towards closing this budget gap. This report follows that Strategy. 4.2 The Short to Medium Term Financial Strategy aims to hold in balance two main sources of financial change: the Council’s Transformation Strategy, which is recognised as the source of long-term change, and service redesign in Page 140
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response to short-term requirements. These short-term requirements could arise from changes in demand for service, inflation or other external cost impact or underlying overspends identified during review of the out-turn for 2024/45. 4.3 As a first step in implementing this strategy budget variances from 2024/25 were reviewed with heads of service to identify if any continuing underspends could be taken as savings. Further review has identified further savings and these are recommended in the report. 4.4 The Council has been making steady progress towards balancing the budget for 2026/27. However, the recently calculated estimated out-turn for 2025/26, which is the subject of another report to this meeting of Council, indicates an overall overspend of £2.472 million, which will be partially offset by additional funding from Scottish Government towards the 2025/26 SJC pay award. The exact amount of this funding for the Council has yet to be confirmed and an estimate has been made for the purposes of this report. Unless the projected position can be rectified during 2025/26 this overspend is likely to persist into 2026/27. APPENDIX 1 shows the impact which no mitigation would have on the Council’s budgetary position for 2026/27, increasing the savings projected to be needed to £2.387 million. 5. PROPOSALS Savings Income 5.1 Rental increases have been agreed as part of the leases for Early Learning and Childcare (ELC) partner providers based in Council properties. An increase of £18,000 is included in the budget for 2025/26 and it is proposed that a further £18,000 is approved to be included in the budget for 2026/27. Savings / service reduction Budget-led approach 5.2 The grant from Scottish Government for milk and healthy snacks in ELC settings includes a component for administering the grant. The cost of this is absorbed with the cost of Education central administration and it is proposed that the admin component of £6,000 is top-sliced and taken as a savings with effect from 2025/26. 5.3 The pattern of expenditure on the central Education travel budget has been reviewed and it is recommended that this is reduced by £10,000 with effect from 2025/26, reflecting current usage. Partnership working 5.4 As noted in paragraph 4.4, the Council will receive additional grant funding from Scottish Government towards the SJC pay award for 2025/26. This is estimated t be £1.3 million, with around £0.4 million relating to staff whose salaries are charged to budgets delegated to MIJB. It is recommended that the Council increases the Page 141
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budget delegated to MIJB by the amount of additional funding relating to staff budgeted for within the MIJB funding envelope, with the exact amount of increase to be the pro-rated funding to the MIJB share of SJC staff costs when this is notified. It is anticipated that this will contribute to the reduction in projected overspend which MIJB are working to achieve in-year. Risks and uncertainties 5.5 The two largest risks noted when the Short to Medium Term Financial Strategy were approved related to grant funding and to pay awards. The SJC cohort of staff has pay awards agreed for 2025/26 and 2026/27 and funding confirmed at national level although the distribution of funding to local authorities is yet to be confirmed. Teachers pay has now also been agreed and funding from Scottish Government towards the cost is expected. Together these constitute a significant component of the Council’s budget. 5.6 The level of Scottish Government funding for local authorities for 2026/27 and future years is uncertain at present. Following the delay to the UK Government budget Scottish Government have confirmed their draft budget will be announced on 13 January 2026. 5.7 Other pressures arise from the economic environment, with potential contractors dealing with the impact of increased employers NIC and general inflationary pressure and the likelihood that this will create a market of rising prices in many sectors. General pressures also arise from the reduction in the capital programme, which can put pressure on revenue maintenance budgets, and specific risks exist from the rising cost of supply teachers, increased numbers of childcare placements and rising demand for health and social care services. 5.8 It has been identified that a number of the Council’s principal ICT systems will require replacement within the coming years. ICT have catalogued approximately 50 major systems, alongside a further 30 systems which have been developed in- house. In addition, there exists a considerable quantity of minor systems for which information is still being collated. The financial implications of these replacements are expected to be significant, although precise costings remain to be determined at this stage. Market providers are increasingly moving to cloud-based solutions, with costs now needing to be covered by revenue budgets, where previously they were capitalised an costs spread over the expected life of the system. At present, the Council’s CRM and CareFirst systems are actively undergoing replacement, while both the FMS and Gower systems have been identified as requiring replacement in the near future. 5.9 There is a risk that savings identified and approved for 2025/26 are not achieved, are not achieved in full or are not achieved in the timescale anticipated. 5.10 A significant emerging risk to the budget is the request to reduce class contact time for teachers by 1 ½ hours a week. It is estimated that this would cost the Council Page 142
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£1.5 million, based on current school rolls and including the impact of the recently agreed pay awards for 2025/26 and 2026/27. Council Tax 5.11 The draft budget for 2026/27 includes a 10% increase in Council Tax, as agreed as an indicative figure when the budget for 2025/26 was approved. This assumption may require to be revisited. This level of increase should be borne in mind when assessing any proposals impacting on expenditure or any responses to crystalising risks. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. Page 143
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☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal There are no policy and legal implications arising directly from this report. 6.4 Financial One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments - - - - - - 6.5 Risk There are significant areas of risk to the financial planning process arising from major uncertainties and these are itemised in the report: future local government settlements; increases in contract costs; general inflation; increased children’s placements and supply teacher costs; pressures on health and social care services; potential not to achieve all approved savings, and the potential reduction of 1 ½ hours in teachers class contact. 6.6 Staffing No staffing implications arise directly from this report. 6.7 Best Value and Transformation There are no implications arising directly from this report. 6.8 Property No property implications arise directly from this report. 6.9 Information Communications/Technology/Digital No information communications/technology/digital implications arise directly from this report. 6.10 Equalities, Social Inclusion and Economic Impact Page 144
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There are no equalities, social inclusion or economic impacts arising from this report. 6.11 Climate Change and Biodiversity Impacts There are no direct climate change or biodiversity implications arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with ECLT and any comments have been included in the report. 8. BACKGROUND PAPERS 8.1 None. Page 145
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APPENDIX 1 BUDGET OVERVIEW as at 18 NOVEMBER 2025 2025/26 2026/27 2027/28 Revenue Expenditure £000s £000s £000s Service allocations (assuming prior year savings are achieved) 284,966 300,128 306,862 Adjustments to brought forward figure: (385) (48) 451 Opening budget 284,581 300,080 307,313 Pay and price increases 6,300 7,400 7,660 Increase in Loan Charges per budget 3,200 1,700 1,450 New Burdens 4,375 0 0 Budget pressures: - Approved or noted for future years when budget set 4,634 111 (44) Approved since budget set 61 229 91 Emerging 468 1,699 Approved to be met from reserves 1,334 210 MIJB 47% est act o/spend above provision 900 Est actual MC services 1,572 Service developments - Approved 128 0 0 - Proposed 0 0 0 307,553 311,429 316,469 Revenue Funding General Revenue Grant / NDRI 236,412 236,412 238,776 LEIP funding 0 0 1,343 UKG funding for pEPR 3,328 3,359 2,500 Council Tax 57,320 63,423 67,624 Funding from Reserves: Funded from Ear-marked reserves: Transformation 1,483 668 121 MGD cash flow Service concession retrospection 3,000 4,526 298,543 306,862 314,891 SAVINGS REQUIRED 9,010 4,567 1,579 Page 146
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Savings Summary Savings Approved: Approved when budget set 6,858 2,030 1,460 Temporary savings 176 107 50 Further savings approved 142 25 0 Indicative Savings from I&M Programme 233 0 0 Other savings proposed 16 18 Savings to be identified 1,585 2,387 69 9,010 4,567 1,579 Projected year end position: Free Balance on General Reserves 6,000 6,000 6,000 Estimated Balance on Transformation Reserve 4,409 3,741 3,620 Estimated balance on MGD cash flow reserve 3,699 3,699 3,699 Estimated balance from retrospective service concession saving 7,526 4,526 0 Page 147
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APPENDIX 2 BUDGET ON A PAGE 18 November 2025 2025/26 2026/27 2027/28 £000s £000s £000s Revenue Expenditure 296,355 304,500 312,525 Revenue funding 295,983 303,346 311,423 Savings required 372 1,154 1,102 £2.628m – this is the budget gap 2025/26 2026/27 2027/28 Approved reduction in budget gap Increased Out of Hours saving 38 CC 10/06/2025 Impact of Charges Policy 2026 to 2028 200 200 Website review 23 Libraries efficiency 24 MC 24/09/2025 Temporary homeless accom 42 MC 24/09/2025 Learning Estate team operational budget 15 MC 24/09/2025 Income (registrars, Accountant in Bankruptcy) 15 MC 24/09/2025 Contract rebates 10 MC 24/09/2025 Depot & Stores review 10 Rental income saving achieved Vacancy target 50 150 To match pay award Service concession increase 93 186 Recalculated Remove public local inquiry budget pressure 70 Advised by service Residual budget gap 29 908 566 Prior to estimated actuals - £1.493m Further proposals ELC – top-slice admin grant, rental income increase 6 18 Education travel budget 10 Page 148
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2025/26 2026/27 2027/28 Impact of estimated actuals (2,472) Projected overspend Estimate of SG funding for SJC pay award 900 Excludes funding for staff under MIJB Estimate ePRP 500 Revised budget gap 1,585 2,387 69 Revised budget gap £2.456m Options for filling the budget gap Indicative range Indicative range Indicative range MIJB reduce spend to partner budget provisions for overspend 900 900 - MIJB actively looking to reduce spend ASN review 250 Absorb supply pressure Further LED and solar projects 20-50 20-50 Electric vehicle spend to save Being calculated, interplay with capital Fit Life School roll numbers (GAE) May also be a budget pressure Actuarial valuation of NESPF N/A N/A Wef 1/04//2027 Reduction in interest rates Potential to offset ePRP funding against costs 250 - 500 Council Tax – see Note 1 250 – 1,000 250 – 1,000 Range shows 0.5% to 2% above base Transformation Future Workforce - 50-100 Replacement CRM system - Depots and Stores, Smarter Working Capital receipts as well as reduction in running costs SWAN 2 60 60 Further service reductions Total from Options to reduce budget gap 900 1,130 – 2,360 580 - 1,610 Page 149
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2025/26 2026/27 2027/28 Emerging budget pressures Procurement Major contracts / move to Cloud / legacy systems General inflation Reduction in class contact time 1,500 This is the full year effect, it would be phased over the academic year Children’s out of area placements Note 1 The current base budget assumes an increase in Council Tax of 10% in 2026/27 and 6% in 2027/28. The options included in BoaP are for further increases above that level. Page 150
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Environment and Operations Author: Tracey Sutherland Contact Email: tracey.sutherland@moray.gov.uk Subject: Meeting Attendance Protocol 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve changes to the Remote/Hybrid Meeting Protocol to also include in person attendance and for the document to be re- named Meeting Attendance Protocol. 1.2 This report is submitted to Council in terms of Section I of the Council’s Scheme of Administration relating to a matter which is not delegated to a Committee 2. SUMMARY 2.1 It has been a number of years since the Hybrid Meetings Protocol was agreed and it is good governance for a review to be carried out. 2.2 The Protocol has been updated to reflect both remote and in person attendance at meetings. 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) consider and approve changes to the Meeting Attendance Protocol as detailed in Appendix 1; and ii) Agree whether to start recording partial attendance at meetings. Tracey Sutherland Service Manager Democratic Services 4. BACKGROUND AND CONTEXT Item 11. Page 151
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4.1 The Remote/Hybrid Meeting Protocol was agreed at the meeting of Moray Council on 29 June 2022 (para 17 of the minute refers). 4.2 Since the end of the Covid pandemic the use of remote/hybrid meetings has evolved and it was felt prudent to review Meeting Protocol to ensure that it reflects how meetings are being attended and managed. 5. PROPOSALS 5.1 Appendix 1 details a number of changes to the protocol for Council to consider which will provide some clarity for members going forward. All the changes are identified in red. 5.2 The updates also advise Councillors on best practice with regards to data control. 5.3 Concern has been raised with regards to Members attendance in respect of members joining meetings part way through meetings. Attendance is recorded in CMIS as either in attendance or having sent apologies, there is no option for partial attendance. 5.4 Officers are currently investigating with the developer of the Council’s committee management information system (CMIS) to see whether the system can be updated to record: • Full Attendance • Partial Attendance • Apologies 5.5 In the interim it is proposed that if a Member is absent for more than half the agenda, they will be marked as having given apologies and the minute will reflect the items they were in attendance for. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Page 152
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Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal None 6.4 Financial None. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk None 6.6 Staffing None 6.7 Best Value and Transformation None 6.8 Property None Page 153
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6.9 Information Communications/Technology/Digital None 6.10 Equalities, Social Inclusion and Economic Impact None 6.11 Climate Change and Biodiversity Impacts None 7. CONSULTATION 7.1 This report has been prepared in consultation with the Corporate Leadership Team and Service Manager Democratic Services and any comments made have been incorporated into the report 8. BACKGROUND PAPERS 8.1 Page 154
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Meeting Attendance Protocol Date of Creation: June 2022 Owner (Service): Governance Reviewer Head of Service: Chief Governance Officer (Monitoring Officer) Approver Executive Director: Executive Director Economy, Enterprise and Operations Date Approved: June 2022 Approver (Committee): Moray Council Date Approved: June 2022 Next Review Date: December 2025 Page 155
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Version History Version Date Author Changes Made Approved By 1.0 June 2022 Head of Governance, Strategy and Performance Initial document Moray Council June 2022 1.1 December 2025 Service Manager Democratic Services Review of document 1.2 Page 156
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MEETING ATTENDANCE PROTOCOL PURPOSE OF THIS PROTOCOL It is considered helpful in terms of good governance principles to have particular measures in place to assist with the smooth running of meetings. The Council’s Standing Orders still apply with in person/remote/hybrid meetings. This protocol complements Standing Orders and it is proposed that the protocol is adopted as good practice through political consensus. The purpose of remote/hybrid meetings is to allow flexibility and convenience for some participants to attend remotely whilst still recognising the benefits of physical presence at meetings for others. Hybrid meetings assist to improve attendance and reduces the need for travel. In person meetings can allow for more effective communication, collaboration and engagement. Remote/hybrid meetings can be trickier to manage than in person meetings however, it is also acknowledged that they promote more inclusive attendance to allow Councillors with outside responsibilities to maintain attendance at meetings. AT LEAST THE DAY BEFORE THE MEETING 1 Pre-meeting Committee Services will arrange a pre-meet where applicable to go through the agenda to identify any pertinent issues arising from the meeting agenda, any written questions or Notices of Motion received and identify which Officers will be responding to questions on reports if required. Committee Clerk and Chair to agree if any preliminary remarks are required, beyond those noted below. The Clerk will ensure that first-time participants have been offered an induction session for Connect Remote/Hybrid meeting. 2 Joining meeting and access to papers Members should contact the Clerk before the meeting if they need advice on joining the meeting, using Connect Remote/Hybrid or accessing papers. Page 157
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3 Pre-notification of interests Inform the Clerk of any interests being declared and will withdraw from the discussion of the relevant item, to help the Clerk follow correct Connect Remote/Hybrid procedures. 4 Substitutes Inform Clerk of substitutes (where permitted) attending to allow Connect Remote/Hybrid invitation to be sent. 5 Fair notice of motions/amendments It can be harder to co-ordinate officer advice at short notice. Where a Member wishes to put forward a motion/amendment which differs significantly from the recommendations within a report on the agenda they are encouraged to provide a written copy of the proposal to the Clerk by 2pm on the working day before the meeting. The Clerk may offer or co-ordinate advice on the terms of the motion/amendment and will circulate it amongst the Council/Committee Members with the consent of the proposer. It is understood that • advance notice of a motion/amendment may not be possible with urgent/last minute agenda items • Even if advance notice has been given there will still be an opportunity to raise further changes to motions/amendments at meetings • Where a motion/amendment which is a significant departure from agenda report recommendations is raised during a meeting there is a risk that the motion/amendment is deemed incompetent by the Chair in terms of Standing Order 35. 6. Advance notice of questions It is can be harder to have Officers on hand to answer questions that arise during meetings where the questions require a more specialised response. Members are encouraged to raise factual questions with Officers in advance of a meeting and make use the written questions procedure within Standing Order 36. ON THE DAY OF THE MEETING Page 158
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1 Joining the meeting on time If joining the meeting remotely please join at least fifteen minutes before the Council/Committee meeting is due to start. Ensure that video and audio is selected and switched on. All present should mute audio until invited to speak by the Chair. All attendees should be aware that the meeting will be webcast live over the internet and be mindful of their surroundings, particularly as most will likely be joining the meeting from their own home. If there are other people in the home, they should be made aware that you will be filmed. This is particularly important if there are children/young adults in the household as the footage will be archived and available for public viewing for 12 months following the meeting. A corporate background should be used for all public Council meetings. Members and Officers should only be joining the meetings remotely using Council provided equipment. Meeting details should not be forwarded outwith the Council’s network (i.e. not to personal email addresses) as the appointments may contain private or sensitive information. 2 Chair For a fully on-line meeting all members of the meeting will be joining remotely including the Chair. For a hybrid meeting it is expected that the Chair will be present in the Council Chamber. 3 Equipment check The Clerk will welcome those joining the meeting remotely as they arrive and test cameras and microphones then request microphones are muted and cameras left on at all times. The Clerk will confirm to the Chair when all Members are present. Members should check that their device is fully charged or is connected to an electricity supply. 4. Other considerations Find a suitable location for the meeting, where you will be comfortable and will not be disturbed. Smart speakers, such as Amazon Echo (Alexa), Google Home or smart music devices, may be recording phone/video conversations and this could be an inadvertent breach of GDPR. Page 159
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It is strongly advised that any such device that connects to the Internet should be turned off or moved out of the place in which you are working. This is particularly important for meetings that include exempt or confidential items. . A corporate background should be used for all public Council meetings. AT THE START OF THE MEETING 1 Welcome and formalities Chair to state:- • Welcome • Reminder of live webcast • All remote attendees are reminded to mute microphones and keep their cameras on at all times • Please do not come in to speak during items unless the Chair invites you to do so • If you wish to speak let us know by raising the electronic hand on-screen or for those in attendance raise your hand • If any Member loses connection or has any technical issues during the meeting, please alert: committee.services@moray.gov.uk or 01343 563164 A Committee Services Officer will assist you. Please do not email or call the Clerk in the meeting as they may not pick up your email or call until it is too late. We may not be able to halt the meeting if a Member loses connection. ORDER OF BUSINESS etc. 1 Roll Call The Clerk shall take the Sederunt by roll call. 2 Introductory The Chair shall deal with :- Page 160
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• Other introductory remarks, if any • Urgent business, if any • Re-order reports if appropriate 3 Declarations of Interest As normal 4 Resolution As normal 5 Minutes As normal DURING THE MEETING 1 Declaration of interest Where a Member has declared an interest in the item they should withdraw from the discussion and leave the Chamber or disconnect from the meeting. The Chair will remind the Member that they cannot speak or communicate with others present. The Chair should remember to will advise the Member that they may re-join after conclusion of the affected item of business. This applies to both in person and remote attendees. For remote attendees, an email will be sent to the Member advising that they can rejoin the meeting. 2 Presentation materials Any presentation material should be provided to the Clerk the day before the meeting in order that it can be circulated to members prior to the meeting. 4 Meeting proceedings The Chair will • conduct proceedings as usual in accordance with Standing Orders and any committee- specific procedures • Pause and delay if necessary to ensure efficient meeting and participation by all • When moving between procedural stages ask if all Members have spoken who wished to do so • Pause and adjourn for a short time if procedural or legal advice is required, explaining and Page 161
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ensuring all microphones are muted and cameras off before doing so. 5 Use of “hands up” sign The Clerk will assist the Chair in identifying Members wishing to speak by monitoring ‘hands up’ signs. 6 Joining a meeting once it has started. When a Member joins a meeting after it has started the Clerk will notify the Chair, who will in turn notify the rest of the meeting. If a member has missed more than half of the agenda they will be marked as having sent apologies and it will then be noted in the minute which items the member joined the meeting for. 7. Leaving a meeting before it has concluded When a Member who is attending remotely needs to leave the meeting before it has concluded they should put a message into the chat advising the Clerk and Chair, who in turn can advise the meeting that the member has left. Any member who needs to leave the meeting early, who is present in the chamber should notify the Chair and Clerk at the start of the meeting if possible, otherwise indicate to either the Chair or the Clerk that they are leaving. When Members arrive late or leave early it is recorded in the minute. 8. Phones and other electronic devices All Members shall ensure that phones and other electronic communications devices are switched off, or on silent during Meetings (except when being used for the purpose of enabling remote attendance). Where Members are corresponding with each other during the meeting, whether verbally or by email, text, social media it should be done respectively and not disrupting the meeting. Research through the internet is permitted providing this is done in a manner which respects the authority of the Chair and does not interfere with the business of the Meeting. DEBATE, MOTIONS AND AMENDMENTS Page 162
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1 Debate Debate shall be controlled through the Chair as normal. Members should aim to be as clear and concise as possible. 2 Written material If written material needs to be circulated during the meeting (where advance notice was not possible) this shall be shared with other all Members and relevant Officers. If possible, such material should be kept within one side of A4. The Chair will consider the competency of any such material, taking advice from Officers where appropriate. 3 Adjournment If required, the meeting shall be paused or adjourned to allow written material to be shared and read. VOTING AND DECISION 1 Voting At the close of summing-up the Chair shall instruct the Clerk to proceed to the vote. The Clerk shall • invite Members to vote using the relevant icons that will appear on their screens; • the Clerk will confirm if all Members have voted before closing the vote and thereafter declare the result which will also be visible on screen; If for any reason the Electronic Voting system fails, the Clerk will revert to taking the vote manually and shall • Advise Members to activate their microphones, when asked to vote and then mute again • Take the vote by roll call, pausing to allow each Member time to vote • If a Member does not vote when contacted, the Clerk will return to them at the end for a second opportunity If a member has been absent or missed part of the debate it is for the member to seriously and objectively consider the duration of their absence from the whole Page 163
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debate and determine whether they have enough information to take part in the vote. 2 Drop out during vote If Members do not respond when asked to vote, the Chair shall investigate and consider whether the meeting should be adjourned. 3 Announcement of vote The Clerk shall announce the result of the vote CONFIDENTIAL REPORTS 1 Pause in meeting The Chair shall pause the meeting to allow the Clerk to ensure Members of the public are not present and remind that only those who require to be present at the meeting should remain. The Clerk will ensure that any public webcast link is stopped and that only those who require to be connected to the meeting remain. 2 Resume meeting to consider confidential items. The Chair shall resume the meeting and deal with business as usual 3 Considering confidential items A Member participating in a meeting from a remote location will not be entitled to participate when an item of business is being considered and it is likely that confidential information and/or exempt information will be disclosed, unless the member declares that: • They are in a place with no other persons present • No persons can overhear the discussions • They will not answer any other calls or attend to any other business whilst participating in the meeting • The camera will be kept on at all times, without exception. IN THE EVENT OF TECHNICAL DIFFICULTIES 1 Loss of sound/vision Members should alert Committee Services: committee.services@moray.gov.uk or 01343 563164 Page 164
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If they are having technical difficulties. A CSO will alert the meeting Clerk who shall clarify the extent of the issue with the Chair. 2 Continuation of the meeting If temporary dropout in the Chambers is now resolved, the Chair can proceed with the meeting. unless the matter is quasi-judicial or regulatory in which case advice should be sought from the Clerk. If ongoing issue, advise that the meeting will be adjourned for a short period to allow investigation and resolution if possible. If the issue cannot be resolved, the meeting will continue in person, with time given for those attending remotely to come into the Chamber provided the meeting is quorate. If the meeting is not quorate, meeting is adjourned and re-scheduled until it can be quorate. Page 165
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Rhona Gunn Contact Email: rhona.gunn@moray.gov.uk Subject: Budget Protocol for 2026/27 Budget Setting Process 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to provide the Council with an updated Budget Protocol reflecting feedback on the version used for the 2025/26 budget setting process and to seek approval of this as policy for the 2026/27 budget setting process. 1.2 This report is submitted to Council in terms of Section A (2) of the Council’s Scheme of Administration relating to Capital and Revenue Budgets and long term financial plans. 2. SUMMARY 2.1 The Budget Protocol is reviewed annually and some limited changes are now proposed for the 2026/27 process to reflect feedback on improvements that could be made, redesignation of CMT as CLT and political changes. 3. RECOMMENDATIONS 3.1 It is recommended that Council consider and agree the updated Budget Protocol V14 produced as Appendix 1. Rhona Gunn Executive Director Economy, Enterprise and Operations 4. BACKGROUND AND CONTEXT 4.1 The Budget Protocol is long established guidance to support the budget setting process which was approved as a formal policy statement at Full Council on 22 October 2024 (item 8 of the Minute refers). At that time, it was agreed that the Protocol would be reviewed annually for endorsement by all Members of the Budget Development Forum (BDF) which failing for reporting to be determined by Full Council. Item 12. Page 167
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4.2 Following the budget setting for 2025/26 in February, the Strategic Leadership Forum reviewed the then version of the Protocol V 13 and determined that, while the Protocol had on the whole worked well to regulate budget preparations, some limited changes would be helpful. These are summarised below: • A technical change at the beginning of the Protocol to reflect the depletion of reserves. • Changes to the publication process to ensure that all contemplating submitting an Amendment operated from a level playing field. • The mandatory requirement to submit an amendment two clear working days before budget day has also been reviewed to instead make it clear that while late amendments are unlikely to be accepted, they will not be rejected on submission simply for being late, but their terms will be considered before advice on competence is given. • Changes to reflect political developments and new titles following the Management Review. 4.3 The proposed revised Protocol V 14 is produced in Appendix 1. This has not been endorsed by all members of BDF so is now reported for consideration and approval. Clarity on the procedures around budget setting will be particularly important for 2026/27 as final detail on Moray Council’s budget settlement will only emerge in mid to late January given the delayed timing of the UK and Scottish Government budget statements. 5. PROPOSALS 5.1 It is proposed that the Budget Protocol V 14 is considered and approved. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. Page 168
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a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population. 6.3 Policy and Legal The proposed Budget Protocol is a statement of policy to provide clarity on working practices moving forward. 6.4 Financial There are no direct financial implications but the Budget Protocol supports delivery of a financially sustainable Council as it ensures that full information is available to underpin budgetary decisions, collaborative working is supported and the competence of proposals is fully assessed. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk The proposed Budget Protocol helps to manage risk by promoting early advice on proposals including advice on risk of relevant proposals both in isolation and in the wider fiscal context. 6.6 Staffing The Budget Protocol helps to efficiently manage officer time in the run up to budget setting, and there are no implications from the limited changes proposed. 6.7 Best Value and Transformation None. Page 169
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6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact None. 6.11 Climate Change and Biodiversity Impacts None. 7. CONSULTATION 7.1 This report has been prepared following engagement with BDF members. V13 of the Protocol was not supported by all Members and similarly V 14 is not uniformly supported. 8. BACKGROUND PAPERS 8.1 Full Council 22 October 2024 Item 7 Page 170
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Appendix 1 MORAY COUNCIL BUDGET PROTOCOL SECTION 1 – ALL BUDGET DEVELOPMENT FORUM (BDF) MEMBERS BACKGROUND In a financial climate of long term ongoing budget reductions and a balance of council reserves that are largely earmarked for specific purposes reserves should not be consistently relied upon to balance budgets with free reserves at the policy minimum and all other reserves ear-marked, the Council cannot rely on use of reserves to balance the budget. It is vital not only that that there can be confidence that any budget proposals* and amendments have sufficient political support to ensure that they can be delivered, but also that officer resources required to investigate budget proposals instigated by Members (“political proposals”) are used as effectively as possible. In addition, repeated Best Value audits have recognised the need for efficient and effective cross party working to agree difficult decisions, including those to deliver financial sustainability. Collaborative working is key in this respect and a number of groups have been established to support this including the Strategic Leadership Forum (SLF) and Political Sounding Board (SLF without officers). A summary of the various remits is available on request. In order to assist the Council to set its budget effectively in such challenging times, this Protocol aims to establish ground rules for allocation of officer resource and the sharing of financial planning information between political groups and individual and non- aligned councillors during preparations for setting the Council’s budget each year. The groups by which budget preparations are progressed vary over time, but currently Budget Development Forum (BDF) is the body agreed upon for this purpose. Broad terms of reference for BDF are set out in Appendix 1A. In preparing for the annual budget setting meeting, BDF provides officers with an efficient means of briefing Members on officer proposals. As preparations are advanced and political budget proposals emerge, BDF also provides a forum for discussion on areas of possible consensus. * Budget proposals include spending and saving proposals tabled ahead of the actual setting of the council’s budget, and where savings are referenced in this protocol, this shall include reference to spending proposals where appropriate. Page 171
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BUDGET PROTOCOL: PURPOSE AND PRINCIPLES Purpose The purpose of sharing financial planning information is to identify: a. areas of possible consensus; b. areas for further debate or for which further information or refinement is required; c. to make the most efficient use of officer time; and d. to ensure the council has the necessary information and advice available to enable informed budget decisions on options that can be delivered to be made at its meetings. Principles 1) Where possible, common areas of work will be identified and supported by CMT CLT through Budget Development Forum discussions. 2) Financial planning information is strictly confidential and this will be respected by all. 3) Information will be shared as effectively and timeously as possible in order to assist in the conduct of council business in this extremely uncertain financial climate. 4) Information provided will be as comprehensive as possible, including the impact and risks but recognising the stage of development of the proposal(s) may impact on the level of detail that is possible. 5) Any working proposals and information developed by individuals or groups will be held confidentially and will not be shared more widely unless authority is given to do so. Such sharing will be on terms specified by the proposer. 6) As proposals are developed, investigations can require considerable officer resource. To ensure that staffing resources are prioritised, where these will require any more than a minimal level of investigation, all political budget proposals must be supplied with email evidence of a seconder who is not aligned to competing proposals. This may be assumed for group proposals but will require evidence of active support for all Individual/ non-aligned Members. The proposer will be advised when the minimum threshold will be breached meaning that a seconder is required for further investigations. This will depend on the complexity of the proposal. 7) Different political and policy views and positions will be respected although debate will be helpful to identify and widen areas of consensus. Page 172
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EARLY ADVICE ON BUDGET PROPOSALS Officer advice should be sought on any political budget proposals as soon as possible to ensure that they are competent and deliverable if/when presented as part of the Administration’s budget or as formal budget amendments. The more complex the proposal, the more time officers require to give robust advice. Proposals or changes to proposals on which advice is not sought at the earliest opportunity may ultimately be found to be incompetent and as such excluded from consideration on budget day when presented as an amendment. CMT CLT should be kept aware of advice sought on developing political proposals so that they have an opportunity to consider issues and interdependencies which may arise. For efficient use of resources, CMT CLT will consider proposals from Political Groups, and Individual/Non Aligned Members will be asked to progress development of any proposals through the S95 Officer alone who will keep CMT CLT informed. Again, the need for officer time to be prioritised in supporting development of political budget proposals must be recognised. Time constraints and implications will be identified as the dialogue on advice progresses. BUDGET AMENDMENTS In addition to seeking early advice, to ensure fair notice is given and that all amendments (the formal statement of political proposals) are competent, accurately quantified and deliverable, amendments must be submitted to committee services as soon as possible after the Administration Budget is published. To meet these objectives, amendments must should be submitted no less than 2 clear working days in advance of the council budget setting meeting i.e. for a Wednesday meeting, the Administration Budget would be published the previous Wednesday and all amendments would require to be submitted to Committee Services no later than 4pm 3pm the previous Friday for simultaneous publication at 4pm. Amendments received by Committee Services will be circulated to all members and the Corporate Leadership Team in advance of the Council meeting. Amendments not formally submitted to Committee Services in this way will not be considered as valid in the context of pre budget cross party discussions. As with political budget proposals, officer review of amendments (including any revision to wording from earlier versions) takes time and any amendments submitted late which cannot be reviewed due to competing officer workload demands may be ruled incompetent make potentially unreasonable demands on that time. This is particularly the case in the 10 working days before the budget is set when CMT CLT and the s95 Officer are managing multiple demands and often advising on several sets of budget proposals and formal emerging amendments. Late amendments also breach the spirit of the Protocol which provides for publication of all tabled amendments by 4pm to ensure there is a level playing field in terms of information from which to craft an Page 173
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amendment. Therefore, new amendments which are tabled after the 3pm deadline set out above are unlikely to be accepted. Adjustments to previously published budget proposals arising from cross-party discussions are acceptable as these do not create the issues highlighted. Page 174
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SECTION 2 – AT THE DISCRETION OF BUDGET DEVELOPMENT FORUM (BDF) MEMBERS AGREEMENT TO ADVANCE SHARING OF POLITICAL BUDGET PROPOSALS As referenced earlier, budget preparation generally comprises both officer led proposals/ budgetary information which is shared as early as possible with all Members, and also politically led budget proposals which are subject to confidentiality as set out in the principles in Section 1 above, and which may become formal amendments. This section of the Protocol regulates early sharing of political budget proposals. These may include positions on officer proposals not yet agreed by Council by budget day but will more generally comprise budget proposals which have been informed by particular individual or political group views. The Administration Group political budget proposals are set out when the budget papers are published, usually not less than seven days before the budget meeting itself. Earlier sharing and dialogue between Members is encouraged but not required. Political Group Leaders or Individual/Non-Aligned Members who agree to advance sharing of their political proposals should agree the terms on which they do so. To support early sharing, it is recommended that the Administration Group share their budget proposals in confidence, at least five working days (four clear working days) prior to these being issued as part of the agenda for the Council meeting at which the proposals are to be considered. In return, BDF Members with whom sharing has been agreed by the Administration Group will notify the Leader and the Corporate Management Team of any political proposals they intend to table as amendments within two working days (one clear working day) of receiving the proposals from the Administration Group. All information is shared on a confidential basis. A timeline is shown below: Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8 Day 9 Day 10 Day 11 Day 12 Day 13 Day 14 Budget Day Wed Thurs Fri Sat Sun Mon Tues Wed Thurs Fri Sat Sun Mon Tues Wed Admin early sharing Amendments early sharing Budget Papers Published Amendments published Page 175
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(Note: timescales have been indicated to provide as much advance notice as possible. These have been set to ensure that officers can have an opportunity to ensure that advice will be available to the Council) Version Date Author Changes Made Approved By 1 24/08/2022 Executive Director of Economy, Enterprise and Operations Initial document 30/01/2023 - Admin Group via verbal update 08/02/2023 - Political Group Leaders 20/03/2023 - Post Budget Review (Admin Group) 29/03/2023 - Post Budget Review (Political Group Leaders) 13.1 Sept 2024 Executive Director of Economy, Enterprise and Operations Full Council 22/10/2024 14 21/10/2025 Executive Director of Economy, Enterprise and Operations Changes to reflect CMT becomes CLT, political changes, adjustment to publication process and process for late amendments. Page 176
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APPENDIX 1A BUDGET DEVELOPMENT FORUM Budget Development Forum (BDF) is a group convened on the invitation of CMT CLT and the Council Leader acts as its Chair. In preparing for the annual budget, BDF provides officers with an efficient means of briefing all Members on officer proposals and providing advice on financial matters, whether via the relevant Group Leader or directly in the case of Individual/Non Aligned Members. All Members will be able to directly access BDF papers. As preparations are advanced and political (as opposed to officer led) budget proposals emerge, BDF also provides a forum for discussion on areas of possible consensus. Remit • forum where officers provide financial information and brief Members on a confidential basis and canvass political views in a setting where sensitive matters can be openly discussed • Promote and support constructive cross party working relative to the budget • Receive and review overview reports to ensure councillors have an up to date view of the council’s financial position • Identify commonly held budget priorities and actions, explore where could be consensus, and areas requiring further clarification and review. • Identify areas to request financial information or investigation to assist Members in making informed decisions about financial planning and the impact on future budget setting • Aim to identifying areas of agreement and consensus that could form a core of future financial plans and proposals where there is no agreement In terms of this version of the Budget Protocol, BDF shall comprise: Administration Group: Leader and Depute Leader (2) SNP Group: Leader and Depute Co-Leaders (2) Labour Group: Leader (1) Council Civic Leader: Entitled to attend ex officio to support effective discharge of the civic role (1) Other Individual/Non-Aligned Members: currently Cllrs Ross, Allan, Van Der Horne, Stuart and McLennan. Substitutions within groups are permissible. For these purposes “Political Group” refers to nationally recognised political parties/groups of three or more with a leader, stated collective purpose and constitution. Page 177
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1 Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Education Housing and Communities Author: Denise Whitworth Contact Email: denise.whitworth@moray.gov.uk Subject: Improving Attendance Project 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to seek approval for a spend to save transformation project aimed at improving attendance at work to be added to the Transformation Strategy. 1.2 This report is submitted to Council in terms of Section III (B) (25) (c) of the Council’s Scheme of Administration relating to the health, safety and welfare policies and practices of the Council. 2. SUMMARY 2.1 Sickness absence levels within the Council are on an upward trajectory with increasing associated costs for posts that require a direct replacement. As a result there is currently pressure on the supply teaching budget used to fund replacement teachers for longer term absence as well as on services trying to accommodate service needs with reduced staff resources during periods of absence. 2.2 This report seeks approval for a project to improve attendance at work and manage sickness absence principally through additional targeted support to assist in the maximisation of teaching staff attendance at work thus reducing the costs of direct replacement and minimising the impact on learners but also, as capacity allows, addressing general support and guidance to wider service managers across the council to improve practice and adherence to policy. 2.3 It is proposed to develop this work in schools initially given the extent of the financial and workforce pressures in that service and to expand to other services subject to the success of the interventions in reducing the levels of sickness absence, bringing the supply budget back in line by reducing overspend and thereafter generating cost savings. Item 13. Page 179
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2 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) Consider and approve the proposed spend to save transformation project aimed at improving attendance at work, reducing absence costs and having a positive impact on the service and workforce; ii) Agree to funding of up to £89,000 to be drawn from the transformation reserve for an initial pilot of one year to support the project pending the anticipated financial benefits to enable it to be self-financing in future years; iii) Approve the posts required for the project as set out in the report; and iv) Agree that an interim report is brought to the Corporate Committee to track progress after 6 months of implementation. Denise Whitworth Executive Director Education Housing and Communities 4. BACKGROUND AND CONTEXT 4.1 Sickness absence at the Council is managed in accordance with the agreed Health and Work Policy and Procedures. As part of their wider remit, Human Resources provide professional advice and support to managers who are responsible for managing absence within their teams. Further support to the workforce is also provided from the Education Support Officer, Service Manager Business Support and pastoral support to Head Teachers and Nursery Managers from the Quality Improvement Team and Continuous Improvement Team. The Health and Work Policy and procedures are based on best practice and provide a supportive and comprehensive framework within which to manage health and wellbeing and any absence that occurs. There are set levels of absence that trigger specific actions in terms of managing both long and short term absence through the mechanism of formal absence review meetings and a range of supportive practices. 4.2 A recent Internal Audit review of absence management within the Council corroborated the information gathered from regular case reviews that there are issues with regard to adherence to policy by managers, i.e. not all managers are complying with the agreed Health and Work Policy and procedures in the day to day management of absence cases within their teams. The audit findings were considered by the Audit and Scrutiny Committee on 19 November 2025. The Committee noted the range of improvement actions to address the audit recommendations, the planned report to Council to propose improvements in the management of absence and that the proposed resources would also support the updating of the Health and Work policy. During their deliberations, the Audit and Scrutiny Committee identified the scope for the improvement project to support the achievement of higher numbers of managers completing health and work training and sought to have this focus added to the project should the council approve it, with initial priority to the services within scope and those with highest absence rates. Page 180
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3 4.3 Advice from the Chartered Institute of Personnel and Development (CIPD) is to have a strategic approach to ensure health and wellbeing priorities are integrated across the organisation and to ensure managers are confident in their roles and responsibilities in managing and supporting the health and wellbeing of their teams. A Leadership Forum event in September 2024 focused on the Council’s vision and values within the context of attendance at work and a clear direction for managers to ensure a comprehensive and consistent application of the policy and procedures. Despite this there has been a continuing increase in sickness absence levels which would suggest that time is at least part of the issue. Additional resource would therefore also be used to seek to illuminate further the reasons behind inconsistent practice and address underlying issues to secure improvement. 4.4 Sickness absence levels are monitored at corporate, service, team and individual level with reports (trigger reports) sent to managers when an employee reaches formal action. 4.5 The Local Government Benchmarking Framework (LGBF) brings together a wide range of information about how all Scottish councils perform in delivering services to local communities and as part of this sickness absence levels amongst the Teaching workforce and Local Government (non-Teaching) workforce are monitored on an annual basis. 4.6 The 2024-25 LGBF rankings show Moray Council has moved from 29 to 32 out of 32 councils for teacher sickness absence and from17 to 24 out of 32 councils for local government employee (LGE) absence. Sickness absence is measured by the number of days of sickness absence per full time equivalent employee and Table 1 shows how sickness absence has increased over the last 5-year period. There is also a historical internal target for service absence to be below 4%. The LGBF rankings show the Council’s relative position compared to the results of other Councils. Councils that show a clear sustained improvement over time are being contacted to ensure there is consideration of specific approaches, methodologies and cascading of relevant learning. 4.7 Table 1: Days Lost/ Employee 2019-20 2020-21 2021-22 2022-23 2023-24 2024-25 Teachers 6.8 4.5 6.0 7.9 9.6 10.8 LGE 12.7 8.7 11.1 12.8 14 15.7 4.8 The data shows that absence rates are increasing year on year and without further intervention there is uncertainty as to when or if this trend will be reversed. Contact is being made with other councils to compare absence management practices and gain a better understanding of the reasons behind this. The proposed additional resources will enable greater focus on this work if approved. 4.9 Within the family groupings (comparator councils) in the LGBF, Moray is currently sitting as the highest for teacher absence and for LGE. While the LGE absence rates are generally higher than teaching absence figures, the teaching figures have taken a significant jump up by 12.8% from the previous 12 months and a 12.2% increase for LGE. This follows a similar increase for the previous 12 months. This has led to a prolonged Page 181
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4 increase in additional direct cost replacement for teachers in securing supply teacher cover. While the LGBF figures are for the whole teaching workforce, initial review of locally held data indicates that there is no significant distinction in absence rates between primary and secondary schools and that the issue is consistent across both sectors. 4.10 Previous experience within the council has demonstrated that additional resources targeted at managing absence alongside a positive approach to a culture of health and well-being had a positive impact on reducing levels of sickness absence. Feedback from a Council who have had relatively static performance for Teaching absence and sustained improvement for local government absence as noted in the LGBF rankings confirm that this is also their experience. It is also evident however that when the resource is removed, that over time sickness absence tends to begin to increase again. Costs of Absence 4.11 To illustrate the costs of absence in schools, for one secondary school absence levels amongst teaching staff reached over 25% for a particular month with a high number of staff absent for at least 1 working day during the month. Over the same period another school had over 11% teaching staff sickness absence with several members of staff absent at some point during the month. In secondary schools it is common place to have 10 – 12 lines of cover in one day which equates to 12 teachers being absent. The maximum number of absence cover arrangements in one school reached 14 one day. The requirement for this level of cover is not isolated. This is covered in-school using teachers where there is additional non-contact time available. When this is exceeded, schools must take in supply cover. 4.12 The cost of one day supply teaching cover including employer on-costs (tax and national insurance) is £362. For the first 20 days (15 days in primaries with less than 145 pupil roll) this is met from within school Devolved School Management budgets for supply teachers. Thereafter the cost is met from a centrally held budget within Education. The cost of covering sickness absence at one school for one month was in excess of £7,000 and over £5,600 for another. 4.13 The supply and ASN budget held centrally to support longer term teacher absence cover beyond 15/20 days was overspent in 2024/25 by £667,443 (budget was £1,957,682 and actual expenditure was £2,625,125.) Work is ongoing to monitor and address this, identifying where the biggest issues are in terms of long-term absence and cover costs. The central supply and ASN budget covers various elements including absence costs: Table 2: 2024/25 Actual Expenditure Primary & Secondary Sickness 1,190,530.31 Primary & Secondary Excess Staffing* 117,958.49 Primary & Secondary Maternity Cover 706,778.32 Primary & Secondary Trade Union Cover 99,426.91 Other 85,367.22 Total 2,200,061.25 Page 182
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5 (*excess staff = teaching posts and hours beyond the staffing formula That are funded centrally while relevant policies are followed to resolve the position) 2024/25 Actual Expenditure ASN Sickness 234,103.33 ASN Excess Staffing* 109,460.08 ASN Maternity Cover 79,940.61 ASN Trade Union Cover 1,559.77 Total 423,504.02 4.14 For 2024/25 absence accounted for 54% of the central supply budget therefore any reduction in absence rates will lead to a proportionate spending reduction within the overall supply budget. 4.15 For 2025/26 the central supply budget is £1,897,643. Absence has accounted for 45% of the budget up to the end of September which is a slight decrease compared to the previous year, however the central supply and ASN budget is still forecast to be overspent by £650,000 if current trends continue. 4.16 It is important to acknowledge the impact of a reduction in the number of days absence on each budget. Any savings achieved through the ASN or DSM schools budgets would not be an automatic direct saving to the council budget under current arrangements as the funds remain within the school DSM budget. It would be for the council to consider any future revision to the DSM scheme if there was a change in the budget requirements for schools as a result of the transformation project. There are already arrangements in place to manage the carry forward of underspends in school DSM budgets and so that would be addressed within current arrangements should it arise. 4.17 A reduction in the number of days absence would have a direct saving on the central supply budget as fewer claims would be made against this budget and this is not part of the DSM budgets. This would only be the case for absences classed as long term and beyond 15/20 days. It is therefore difficult to quantify any savings to this specific budget as it is dependent on the type and length of individual absences. 4.18 Taking account of the above and recognising the mix of complex factors, estimates have been prepared to illustrate the scale of financial benefits that could be in scope for this project. Using the figures above, supply cover for teachers at the current rate of absence would cost over £3 million per year assuming supply cover was available and a replacement was triggered from Day 1 of every absence. It should be noted that it is not always the case that a temporary replacement is employed for sickness absence as schools may cover short term absence in other ways. However, where there is no immediate short term replacement employee, avoiding absence would bring other educational and workforce benefits even where there is no direct financial saving. Education Service Impact 4.19 The service impact on children and young people from the lost time and disruption to learning is also of concern, particularly in the context of the scope for improvement in attainment. As well as classroom disruption there can be impact on learning and teaching from teachers losing non-contact time to cover classes due to sickness Page 183
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6 absence of a colleague. Reduced non-contact time restricts the time available to teachers for important elements of work including planning, lesson preparation, evaluating and tracking progress, etc. The cumulative impact over time can result in workload pressures with potential consequent individual health and wellbeing impacts, thus perpetuating the cycle. 4.20 Recruitment of temporary teachers or securing short term supply teachers is also challenging, especially in certain subject specialisms and in leadership roles. For schools dealing with high numbers of absences, it can be challenging to find suitable available teaching cover particularly in areas such as Maths, English, Home Economics, Science and Technology subjects. This is of concern as uncovered absence can have a detrimental impact on attainment and because school leadership time is diverted to addressing the priority of ensuring teaching cover and in some cases, providing that directly from within the school leadership team. 4.21 Effective management of employee absence in line with council policy and good practice is critical to managing overall absence levels. However, it requires management time which head teachers struggle to allocate when absence peaks in their school in the context of an already full role. This plays a significant part in their ability to follow the timescales and procedural steps set out in the policy, as identified in the Internal Audit report. 4.22 The impact of strong and consistent school leadership and the consequences when it is not optimal is well evidenced in inspection reports from His Majesty’s Inspectors of Education (HMIE). Therefore, reduced time available for school leadership as a result of managing long term high levels of absence needs to be addressed to ensure that the potential effects on both learners and the workforce are minimised. 4.23 Therefore, in addition to the financial costs of absence, there are also the wider costs and impacts of absence to consider including: - Leadership and management – time required to manage absence detracts from the leadership and management responsibilities that managers have including Head Teachers, Depute Head Teachers, service managers, team leaders and supervisors and therefore impacts on school/service improvement as well as day to day management tasks. - Learning and Teaching - within schools there is also the impact on pupils from reduced capacity to provide high quality and effective learning and teaching. The loss of a class teacher can have a significant impact on learners as well as a number of teachers covering a class or subject. - Workload - impacts on colleagues, particularly in small teams - Morale and Motivation – impact on the morale, motivation and wellbeing of colleagues if absence is not seen to be being managed effectively Council Wide Implications of Absence 4.24 While there is a direct replacement cost for supply cover for teachers’ absence, applying this approach more widely to the whole council workforce, calculated using a day’s pay, Page 184
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7 indicates a theoretical absence cost of in excess of £5m in 2024/25. It should be noted however that many employees are not replaced if they are absent from work and so this is not an actual cost and would not represent a cashable saving. It is nonetheless an indication of the potential lost value from absence and the opportunity to gain efficiency from improvement. 4.25 Having reviewed the current activity that other councils are undertaking to improve levels of sickness absence, the following proposal has been developed. 5. PROPOSALS 5.1 There are a number of different methods and tools to improve staff attendance, much of which is reflected in the council’s policy and guidance documents for managing health and work. However, these require diligent and committed application by managers which is an area that is proving challenging. Experience from within the council and wider research is that when increased resource is provided to dedicate capacity to manage absence using the approaches already in place, this makes a noticeable difference to individual case management and the overall pattern of absence over time. 5.2 Therefore, it is proposed to develop a spend to save transformation project to invest in additional resources to support the management of sickness absence. For the reasons of budget and service impact noted in this report and the outline business case attached at Appendix 1. It is proposed that a pilot is established to provide additional targeted resource to assist in the maximisation of teaching and support staff attendance at work with the aims of reducing the costs of direct replacement and reducing the impact of high absence levels on the service. 5.3 The project would be for an initial period of 12 months to enable a review to ascertain whether the anticipated benefits were being delivered and would be sufficient to continue the approach established. If demonstrated, the resourcing and approach would continue on a permanent basis funded from the savings delivered through a model to be developed. Otherwise, the future of the project would have to be determined taking account of the experience to date. 5.4 It is proposed that additional resources of 2 Human Resources Advisers are created to work closely with Head Teachers, Depute Head Teachers and promoted staff with staffing responsibility. With line manager oversight, the HR Advisers would undertake the early stages of managing absence on behalf of the school leadership e.g. back to work meetings, keeping in touch, formal absence review arrangements and early meetings, occupational health referrals, case follow up, etc. This would release school management time to focus on professional leadership and management responsibilities and ensure a consistent and wide application of absence management to enable effective management. Service management (head teachers) would continue to manage directly the later formal stages of the Health and Work Policy e.g. Chair hearings, but the process would be organised and managed for them to take a leadership role with less of the current time commitment. 5.5 The project would include: • Early intervention approach to direct focus of resource; Page 185
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8 • Identification of highest areas of absence and implementation of appropriate actions; • Refreshed approach to delivery of training and support; • Review and improvement of individual case management so good practice is shared and consistent; • Proactive management of absence in line with agreed procedures • Development and promotion of a culture of health and well-being • Findings will inform future policy development around well being and absence management 5.6 While long term absence is most costly to the council because of the high number of days for which replacement is required, short-term absence can be more disruptive for colleagues and services so there would be a balance of attention to both short and long term absence and ensuring policy steps and good practice are consistently applied. 5.7 Targeted attention to managing absence within a supportive framework is a key part of the Council’s Health and Work Policy, however, it is also proposed to develop a more holistic approach to supporting attendance at work, therefore, the project would also aim to promote a culture of health and well-being through promotion of activities and access to health and well-being information across the Council. 5.8 In considering options to address absence rates, the possibility of implementing a Day One Notification Service from an external provider was also identified. This would commission a service whereby staff phoning in sick would contact the service provider directly, would be triaged, talked through their symptoms and advised of proactive measures they can take to look after themselves. 5.9 Preliminary investigations found that Day One had been implemented in a small number of Scottish local authorities over recent years but success rates were variable. There was no concrete evidence of ongoing use of the approach in a Sottish local authority to suggest that there was a case for return on the investment that would be required to establish and run the service. Investigations also suggested that this would be a more expensive option than the staff resource proposed in this report. It is therefore proposed to undertake further research and bring back a separate report on this should it be possible to evidence a clear business case. 5.10 As noted above, the initial pilot is proposed within schools to test the merits of the spend to save proposal in an area where absence is higher than other councils and where there are replacement costs. However, there will be some elements of the work that can be extended to the whole workforce within the resources proposed, for example health promotion information, updated guidance for all managers, online training and this will be included where resources permit so that there are benefits across all services. Should the project deliver the anticipated results, consideration will be given to the business case for extending into other service areas. Outcomes 5.11 The proposed project is to employ 2 HR Advisers with the objective of reducing sickness absence. The targets to measure the success of the project would be: Year 1: Page 186
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9 • 10% reduction in absence rates (10.8 days lost per fte to 9.72 days lost per fte). • £332,000 saving generated (1.08 days x £362 x 850 staff) from reduction in supply teaching costs (combined cost avoidance and direct savings) Year 2 • 5% further reduction in absence levels (9.72 days lost per fte to 9.23 days lost per fte) • £149,000 further saving (0.486 days x £362 x 850 staff) from reduction in supply teaching costs (combined cost avoidance and direct savings) Additional Success Indicators: • Increased early intervention activity - measured by the number of proactive HR engagements and referrals to occupational health or support services. • Improved focus on health and wellbeing - assessed through staff survey responses, uptake of wellbeing initiatives, and qualitative feedback from schools. • Consistent application of the Health at Work policy - monitored through case audits and procedural compliance reviews. • Enhanced support for line managers - evaluated via feedback mechanisms, training participation, and resolution timelines for absence cases. • Increase in the percentage of managers who have completed health and work training 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. Page 187
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10 b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal There are no direct policy or legal implications arising from this report. 6.4 Financial There are financial implications as noted in the body of the report and below. Initial funding would be required for up to 2 years from the Transformation reserve to establish the project and enable the impact to be measured. Savings from reduced supply teacher costs can be set against this as they accrue. In relation to the supply teacher budget, it should be noted: i) Budget is within school DSM budgets and in a centrally held supply budget so savings would accrue to both areas, which could be complex to capture. ii) The central supply budget was overspent in 2024/25 on sickness absence by over £492,000 and this requires to be remedied before there can be cashable savings. iii) The central supply budget to date has been used for maternity leave cover, trade union cover, excess and sickness absence. This is now being recorded separately to enable better analysis of the budget but this proposed project will not impact on any overspend attributable to the other elements, just sickness absence. iv) Using the information from the recently introduced recording of the maternity/sickness costs to the budget, in 2024/25 £1,190,530 was attributable to sickness absence (i.e. 54% in a full year. Potential Financial Benefits Estimate The 2024/25 central supply teaching budget was £1.7M, with actual spend at £1.1M sickness absence by year end. A further £1M was spent on the other elements within the central supply budget resulting in a £492,000 overspend. The 2025/26 central supply teaching budget is £1.64M, with first quarter spend showing £431, 698 on sickness absence cover with a forecast £650,000 overspend. Current absence levels for teaching staff is 10.8/days per fte Cost estimate per annual day of absence is £332,000 1 day less absence per fte is a 9.25% improvement and a saving of up to £332,000 (combined cost avoidance and direct savings) 3 days less absence per fte re-establishes 2022-23 levels and represents £960,000 (combined cost avoidance and direct savings) Page 188
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11 Savings would be annual recurring improvements One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments HR – staff costs – 2 x term time full time, Grade 7-9 £87,000 (maximum Grade 9 at first point of scale) £89, 523 (Grade 9 at second point of scale) 2025- 26 2026- 27 £40,000 n/a Part year depending on recruitment timescales Total Request from Transformation budget for 2 years of costs £176,000 6.5 Risk There are risks in both developing this project and in taking no action that are summarised below. As part of the project management, as the project develops risks are set out in project documentation so that they are identified and managed to reduce the likelihood of occurrence and their impact. On balance, the lower risks are considered to be associated with taking the project forward, particularly with the mitigation of working with the trade unions to develop the actions. The additional benefits of taking action would bring value beyond financial savings in terms of the impact on children and young people attending school and the council workforce. Risks of no action: • Absence continues to increase and a culture of absenteeism develops • Children and young people receive a lower quality education experience due to workforce shortages • Attainment is adversely affected • Workforce impacts from workload, pressure of working with vacancies and culture created • Reduced time for school leadership in managing wider educational aspects, which in turn impacts on the school community • Resourcing demands on other services as result of support required for schools (e.g. HR, legal, finance) • Financial cost of providing supply staff Risks of Project: • Absence is rising across the workforce both within and outside the council, even if the project is successful it may only stabilise the absence levels rather than reduce Page 189
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12 • Unable to recruit to the project team • Actions developed meet workforce resistance – trade unions will be engaged to mitigate this to secure an agreed way ahead as far as possible • Managers are not skilled in the employee relations aspects of the work – training and support from HR specialists will reduce this risk • Actions do not have the planned impact – ongoing monitoring will be put in place to track benefits and check points built in so that actions without impact can be stopped. However, a level of investment is required that may be lost so that there is sufficient time allowed to introduce change and evidence impact. • Savings may not be sufficient to cover cost on a recurring basis – actions and impacts would be reviewed to assess those with greatest return on investment and determine whether any would be affordable. Otherwise, project would not roll out more widely or would cease. 6.6 Staffing It is proposed that the resource is temporary for up to two years in order that the impact can be measured with the prospect of permanent appointment if the project delivers the projected financial benefits. Two years is proposed to provide a better prospect of recruitment although contracts can be brought to an earlier conclusion if required. Create the following temporary posts for up to two years 2 x HR Adviser Grade 7-9 (maximum £43, 555) term time at first point of scale Grade 9, second point of scale Grade 9 after 12 months (£44,761). 6.7 Best Value and Transformation The project aims to support the most effective use of the council workforce which supports the efficient use of resources aspect of Best Value. It also seeks to support the council transformation strategy in delivering long term sustainable services which has been a challenge to the council as part of the Best Value audit regime. 6.8 Property There are no property implications arising from this report 6.9 Information Communications/Technology/Digital There are no Information Communications Technology/Digital implications arising from this report. 6.10 Equalities, Social Inclusion and Economic Impact The project does not propose a change to the council workforce policy or overall approach to the management of health and work but seeks to provide additional resource and tools for more effective implementation. Therefore, there are no equalities or socio-economic impacts identified. 6.11 Climate Change and Biodiversity Impacts There are no climate change and biodiversity implications arising from this report 7. CONSULTATION 7.1 This report has been prepared in consultation with Accountancy support and advice and any comments made have been incorporated into the report. The Corporate Leadership Page 190
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13 Team has been consulted and is supportive of the proposed project. Views have been sought from Head Teachers where they are in favour of the proposal and have highlighted the benefits this would bring to the leadership and management aspect of their role. Trade Union EIS are aware of the proposals and if approved, there would be collegiate working to develop the approach. the benefits this would bring to the leadership and management aspect of their role. Trade Union EIS are aware of the proposals and if approved, there would be collegiate working to develop the approach. 7.2 Consultation feedback from heads of service has highlighted the potential to apply a similar approach within Housing that could secure workforce benefits where there are challenges in securing skilled and specialist staff (i.e. trades within the Housing DLO) and that would result in service benefits and savings as a result of lower use of agency workers. This will be explored further with the service with a view to funding from within existing resources in the Housing revenue budget and developed if the return on investment is evidenced. 8. BACKGROUND PAPERS 8.1 Appendix 1 - Outline Business Case Page 191
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14 APPENDIX 1 Approved By/Date Group or Officer Name Date of meeting/decision Approval (choose from drop down menu) Choose an item. Comments Any relevant comments from the approving authority should be documented here. PROJECT REF/NAME Improving Attendance Project PROJECT SPONSOR Denise Whitworth, Executive Director (Education Housing and Communities) COMPLETED BY Prior to 29th October 2025: Frances Garrow, Head of HR, ICT & OD Grant Cruickshank, HR Manager Post 29th October 2025: Kara Morrison, Acting Senior HR Adviser DATE November 2025 Project Category Intermediate Page 192
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15 Table of Contents 1.0 Version History ............................................................................................ 17 2.0 Background ...................................................................................................... 17 2.1 Executive summary .................................................................................. 17 2.2 Purpose ................................................................................................... 17 3.0 The Strategic Case ............................................................................................ 18 3.1 Organisational overview ........................................................................... 18 3.2 Business Strategy and Aims ...................................................................... 18 3.3 Investment objectives .............................................................................. 18 3.4 Existing arrangements .............................................................................. 19 3.5 Business needs – current and future .......................................................... 19 3.6 Potential Business Scope and Key Service Requirements............................ 21 3.8 Strategic risks .......................................................................................... 23 3.9 Constraints and dependencies ................................................................. 23 4.0 The Economic Case ..................................................................................... 24 4.1 Critical Success Factors (CSFs) ................................................................ 24 4.2 Short-listed Options ................................................................................. 24 4.3 Economic Appraisal ................................................................................. 26 4.3.1 Estimating Benefits ........................................................................... 26 4.3.2 Estimated Costs................................................................................ 27 4.4 Benefits appraisal .................................................................................... 27 4.4.1 Qualitative Benefits Criteria ............................................................... 27 4.4.2 Analysis of Key Results ...................................................................... 28 4.5 Risk assessment ...................................................................................... 28 4.5.1 Methodology ..................................................................................... 28 4.5.2 Risk Scores ....................................................................................... 29 4.6 The Preferred Option ................................................................................ 30 5. The Financial Case .......................................................................................... 30 5.1 Impact on the organisation’s income and expenditure account ................... 30 5.2 Overall affordability .................................................................................. 31 6. The Management Case .................................................................................... 31 Page 193
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16 6.1 Programme management arrangements .................................................... 31 6.2 Project management arrangements .......................................................... 31 6.2.1 Project reporting structure ................................................................. 31 6.2.2 Project roles and responsibilities........................................................ 32 6.2.3 Project plan ...................................................................................... 32 6.3 Use of special advisers ............................................................................. 32 6.4 Outline arrangements for change and contract management ...................... 32 6.5 Outline arrangements for benefits realisation ............................................ 33 6.6 Outline arrangements for risk management ............................................... 33 6.7 Outline arrangements for post project evaluation ....................................... 33 6.7.1 Post implementation review (PIR) ....................................................... 33 6.7.2 Project evaluation reviews (PERs) ....................................................... 33 6.8 Contingency plans ................................................................................... 33 Page 194
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17 1.0 Version History Version Date Details 0.1 07-07- 2025 Initial draft - partial 0.2 22-07- 2025 Completed first draft 0.3 14-10- 2025 Revised following CLT feedback 0.4 05-11- 2025 Revised following CLT feedback and updated Committee Paper 2.0 Background 2.1 Executive summary Sickness absence levels at Moray Council are on a sustained increasing trajectory with increasing associated costs of cover for posts that require a direct replacement such as Teachers. It is proposed that a pilot is put in place for an initial period of one year providing additional targeted support to assist in the maximisation of teaching staff attendance at work thus reducing the costs of direct replacement and minimising the impact on learners but also, as capacity allows, addressing general support and guidance to wider service managers across the council to improve practice and adherence to policy. Following assessment of the impact, if the project delivers the expected benefits and is successful in reducing the levels of sickness absence to the degree that the costs are covered, then it is also proposed to consider the potential benefits from rolling the additional targeted support approach out to other key front-line services with high sickness absence and cover costs. 2.2 Purpose The purpose of the project is to reduce the levels of sickness absence, both short and long term, thereby reducing the associated costs of cover and to provide a more holistic approach to health and work than is currently available. It is anticipated that in addition to savings in cover costs, there will be qualitative benefits with the release of promoted post time in schools for leadership and management responsibilities, improvements in managing workload across all services with a reduction overall in absence and an improvement in morale and motivation across the workforce as a result. Page 195
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18 3.0 The Strategic Case 3.1 Organisational overview The Council has an agreed policy for managing health and work (Health and Work Policy and Procedures). A small central team within Human Resources provide professional advice and support to managers within schools and across services who are responsible for managing sickness absence within their teams. The proposal is for provision of additional resource to focus on managing absence in schools and associated school groups where there is very high sickness absence to ensure efficient and effective management of those absences and release promoted post time for focusing on leadership and management responsibilities that will benefit the whole school. Should this project be successful it is planned to bring forward a subsequent proposal to roll the approach out to other areas of the Council. The additional posts will work closely with both the HR operational team and the Business Support Manager within Education to ensure effective management of the highest areas of absence, in accordance with the Council’s agreed Health and Work Policy and procedures. Exploration of the benefits of a ‘Day One Notification Service’ that provides clinical and health related advice at the earliest point to employees with comprehensive follow up support has been considered but success rates were variable and there was no robust evidence available to support a return on investment with further research required. 3.2 Business Strategy and Aims Maximising teaching staff attendance at work not only reduces the cost of replacement cover and helps to alleviate the pressures on promoted staff in schools but also helps in our commitment to provide our learners with a high quality learning experience. This proposal is further supported by findings from a recent Internal Audit review which highlighted inconsistent adherence to the Health and Work Policy by managers. This proposal supports the council’s requirement to be financially sustainable, for the health and wellbeing of the workforce to be supported and to be a good employer. 3.3 Investment objectives • To reduce the rates of sickness absence and associated costs of cover for teacher sickness absence. • To improve the management of absence in schools to alleviate the pressures on head and depute teachers, particularly in schools where there are high levels of absence. • To develop and promote a culture of health and wellbeing Teacher sickness absence rates have increased steadily over several years to the point where Moray Council now sits 32 out of 32 councils in the Local Government Benchmarking Framework rankings (LGBF). There are significant direct costs to replacing teachers who are absent from work due to sickness with cover from supply teachers being required. This incurs a cost in terms of salary for the supply teacher, on top of the occupational sick pay paid to the absent teacher. Page 196
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19 While the absence figures are a combination of long and short term absence, both types have an impact on the delivery of consistent learning and teaching to pupils if adequate supply cover is not provided. In addition to the actual absence and cover required, sometimes the management layers within a school are required to cover classes which then detracts from the leadership and management work they can undertake. This then has a knock-on effect to the issues of workload management. The sickness absence levels across the Council have also been rising with Moray Council now sitting 24 out of 32 for the Local Government Employees. Reducing workforce numbers has seen an increase in sickness absence rates and reduced capacity to manage the impact of this across services. 3.4 Existing arrangements Absence is managed by line managers (Head Teachers, Depute Head Teachers and Principal Teachers in schools), in accordance with the Council’s agreed Health and Work Policy and Procedures. For teams with high absence, this places a significant additional demand on the line manager. At present there can be inconsistent application of the policy and procedures. The small central HR team provide professional advice and support to managers in dealing with their absences and absence figures are monitored on an ongoing basis at service and whole council level so that the small central resource target their focus and efforts where the greatest need is. As noted already, the levels of absence in schools in particular have risen continuously indicating the current approach is not having the desired effect. Absence across the whole workforce is also on an increasing trend and while the LGBF placing of the local government workforce (i.e. non-Teaching) is mid table compared to Teachers (bottom table), the actual number of days off sick per full time equivalent is higher than for teachers so it is equally important that both areas are addressed. 3.5 Business needs – current and future Absence rates are increasing year on year and without further intervention there is uncertainty as to when or if this trend can be reversed. At present, the HR team are providing support and advice to Head and Depute Head Teachers as well as managers across all services but within the confines of limited staffing resources. By means of context, 1.6 full time equivalent (fte) HR Adviser time is assigned to support every school across Moray (over 1,700 staff) with a remit including the provision of support and advice on disciplinary and grievance matters; conditions of service queries; organisational change; and recruitment issues in addition to supporting and advising on attendance issues. Local Government Benchmarking Framework (LGBF) figures show that absence levels overall are increasing. Currently, Moray Council is sitting at 32/32 for Teacher absence and 24/32 for local government employees (LGE) with both figures gradually increasing since 2021/22. Figures for 2024/25 indicate a further increase from 9.6 days lost per Page 197
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20 fte to 10.8 for teachers and 14.0 to 15.7 for LGE. Consistently high performing councils are achieving absence rates of approximately 2 days lost per fte less than Moray Council. Whilst some schools are performing better in terms of attendance levels, there are areas where additional resources would be immediately targeted. For example, at one secondary school (School A), absence levels amongst teaching staff reached over 25% during one month with over 20 members of staff absent for at least 1 working day during that month. Over the same period another secondary school (School B) had over 11% teaching staff sickness absence with 16 members of staff absent at some point during the month. A number of schools are currently dealing with high numbers of absences and are struggling to find suitable or available cover particularly in secondary subject areas such as Maths, English, Home Economics, Science and Technology subjects. The number of supply teachers on the supply list are reducing (from 304 in August 2024 to 282 by end March 2025). Many supply teachers are either retired or committed to other activities meaning whole week cover is hard to find. The cost of one day supply cover including on costs is £362. This means the cost of covering sickness absence at School A alone for one month was in excess of £7,000 and over £5,600 for School B. The supply and ASN budget held centrally to support longer term teacher absence cover beyond 15/20 days was overspent in 2024/25 by £667,443 (budget was £1,957,682 and actual expenditure was £2,625,125.) Work is ongoing to monitor and address this, identifying where the biggest issues are in terms of long-term absence and cover costs. It should be noted that the central supply budget is made up of sickness, excess staffing, maternity cover, Trade Union cover and other costs. For 2024/25 absence accounted for 54% of the central supply budget therefore any reduction in absence rates will be a proportionate reduction in this area. For 2025/26 the central supply budget is £1,897,643. Absence has accounted for 45% of the budget up to the end of September 2025 which is a slight decrease compared to the previous year, however the central supply and ASN budget is still forecast to be overspent by £650,000. In addition to this a number of schools are currently dealing with high numbers of absences and are struggling to find suitable or available cover particularly in secondary subject areas such as Maths and English and uncovered absence therefore has a direct detrimental impact on attainment. Using the figures above, supply cover for teachers at the current rate of absence would cost over £3 million per year assuming supply cover was available. For every 1 day reduction in the number of days lost per fte if attendance were improved, the cost reduces by £332,000 based on a daily supply cost of £362. Page 198
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21 It is important to acknowledge the impact of a reduction in the number of days absence, on each budget. Any savings achieved through the ASN or DSM budget would not be a direct saving, but rather a cost avoidance, as the funds remain within the budget rather than being spent. A reduction in the number of days absence would have a direct saving on the central supply budget as fewer claims would be made against this budget. This would only be the case for absences classed as long term and beyond 15/20 days. It is therefore difficult to quantify any savings to this specific budget as it is dependent on the type and length of individual absences. Taking into account the cost of employing 2 additional employees to specifically work within schools on improving attendance and managing absence, this would still generate a saving (or a cost preservation) to the Council forecast to be £332,000 in year 1 and £149,000 in year 2. This indicates that the additional focused resource could potentially be made permanent if successful. As noted in the LGBF data above, the Council is currently sitting at 32/32 for Teacher absence. Information is being gathered from authorities with sustained improvement to establish whether there are any opportunities for learning or initiatives that may assist in the Council’s approach to maximising attendance. 3.6 Potential Business Scope and Key Service Requirements It is proposed to provide additional targeted support to assist in the maximisation of teaching staff attendance at work, to reduce the costs of direct replacement, for roll out to further front-line services with high absence if proves efficient. There are a number of different ways of trying to improve staff attendance, however experience shows that when increased resource is provided to manage absence this makes a noticeable difference. It is proposed that additional resource would be in the form of 2 fte Advisers who would work closely with designated school Head Teachers, Depute Head Teachers and promoted staff with staffing responsibility to undertake the early stages of managing absence e.g. back to work meetings, keeping in touch, formal absence review meetings, occupational health referrals. This would release the management time to focus on professional leadership and management responsibilities and to take part in the latter formal stages of the Health and Work Policy as required e.g. Chair hearings. Previous research identified that long term absence is most costly to the council however short-term absence can be the most disruptive to other colleagues so there would be a balance of attention to both types. The project would include: • Early intervention approach to direct focus of resource • Identification of highest areas of absence and implementation of appropriate actions Page 199
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22 • New approaches to delivery of training and support • Review and improve individual case management so good practice is shared across all schools • Proactive management of absence in line with agreed procedures 3.7 Benefits criteria The aim of this section is to highlight: the class of the spending objective, the main benefits, the benefit criteria and the stakeholders affected. The benefits (both direct and indirect to the organisation) should be captured for each spending objective against the relevant criteria: • Cash releasing benefits (CRB); • Financial but non-cash releasing benefits (non CRB); • Quantifiable (or quantitative) (QB); • Non-quantifiable (or qualitative) benefits. The anticipated outcomes would be reduced levels of short and long term absence in the areas being targeted. This would help reduce frontline cover costs as well as reduce the burden on individuals and teams to pick up on critical work and responsibilities in the absence of their colleague(s). The Council’s overall rates of sickness absence would reduce and this would potentially improve LGBF position in the rankings both overall and within our family groups, although if other councils improve as well there is the potential this will cancel out any movement within rankings. Table 1: Objectives and benefits criteria Class Of Objective Main Benefits Benefits Criteria Stakeholders Affected Strategic (wider social and Business related) Non-cash releasing Qualitative Aligned with health and safety legislation, codes of practice and principles of good human resource management Compliance with health and safety legislation Political and senior leadership of the council with regard to assurance of efficient and effective practice in managing absence Operational (organisational and management related) Cash releasing Quantitative Qualitative Reduced sickness absence rates and costs of cover Release of time for leadership and management Reduced sickness absence rates LGBF and family group rankings improvement Reduced costs of cover Managers and employees Job (task related) Qualitative Minimises impact on colleagues of sickness absence Completion of work within estimated timeframe Morale Employees Pupils People who use services Page 200
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23 There are no obvious ‘dis-benefits’ noted at this point. 3.8 Strategic risks The main risks are continuing and possibly increasing sickness absence and the negative impact on service delivery, colleagues and teams, drain on supply/cover budgets for front line delivery services, maintenance or worsening of LGBF rankings. An additional risk is the TU capacity to support their members through the absence management process. There have been numerous examples of delays where it has been challenging for the employee to arrange for suitable TU representation leading to extended timescales for absences and the negative impact this has on the individual and their teams. While this has been raised with the Trades Unions on a number of occasions, it continues to be a factor that has to be taken into account. Table 2: Main risks and counter measures Risk Mitigation Design - design of project may not result in anticipated improvement in absence figures. Monitor through project management process and ensure flexibility to adjust as required. Development - additional posts may be hard to fill Trade Union engagement and consultation may be less positive if they do not agree with the proposed approach. Positive nature of the impact of the additional roles and flexible working options should be promoted. Under the collective bargaining framework communication and consultation with the recognised trade unions will be required providing the opportunity to discuss and explain the aims, objectives and range of benefits to employees from the proposals and respond to feedback. Implementation - additional resources may require induction and familiarisation with council environment and policies Ensure appropriate induction, familiarisation and timescales are built in to planning process. Ensure detailed implementation plan is a mandatory requirement of the procurement process with regular account management meetings instigated immediately and clear credit options for failing to meet targets. Operational - additional resources may not have the anticipated impact and may encounter resistance from managers and employees. Potential issue with Trade union representatives’ availability to support members. Line management of additional resource should identify and address any challenges in operational implementation. Discussion with lead TU and regional officers to explore where the issues are and potential options to resolve. 3.9 Constraints and dependencies The allocation of additional and dedicated resources should enable a more targeted and sustained focus on maximising attendance at work in designated schools. Page 201
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24 Whilst there is confidence that this would see an overall improvement in attendance, the context of lengthy NHS delays for consultation and treatment of employees may impact on the ability to improve the attendance of those specifically requiring medical input. A further potential constraint is the timeliness of receipt of third party reports (e.g. GP and consultant reports). Mechanisms for regular review are in place to help address this. Trade Union representative availability can impact on the capacity to move through the health and work procedures in a timely manner. 4.0 The Economic Case 4.1 Critical Success Factors (CSFs) Table 3: Critical Success Factors 4.2 Short-listed Options In detail, the short-listed options are: Key CSF’s Broad Description Weight Score Option 1 Option 2 Strategic fit Fit with key priorities in Corporate Plan and Transformation Strategy 10 10 x ✓ Business Needs Reduction in costs of sickness absence mainly in relation to cover 30 10 x ✓ Potential VFM Increase in time for other responsibilities e.g. leadership and management, operational tasks 10 10 x ✓ Potential Achievability Achievable 10 8 ✓ ✓ Supply Side Capacity And Capability Unsuccessful recruitment 20 8 x ✓ Potential Affordability Affordable re potential efficiencies through reduced cover costs 20 8 x ✓ Page 202
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25 Option 1 – the do nothing, do minimum or status quo Absence would continue to be managed in schools with support from HR as per current arrangements with the risk of no significant improvement in the hot spots (with high absence) or across all schools. The supply budget would continue to be at risk of being overspent and the Council would continue to be in the bottom end of the LGBF ratings. Option 2 – minimum, reference project Adding resource that is specifically targeted to the schools or ASGs with the highest absence and biggest demands on supply cover would help manage absence more effectively, reduce the burden on Head Teachers and Depute Head Teachers releasing their time to concentrate on leadership and management activity, or to class committed time and improve the position in the LGBF ratings. Table 4: Summary assessment of scoping options Reference to: Option 1 Option 2 Description of Option: Do Nothing Minimum – targeted resource in schools Spending Objectives To reduce the rates of sickness absence and associated costs of cover for teacher sickness absence. x ✓ To improve the management of absence in schools to alleviate the pressures on head and depute teachers, particularly in schools where there are high levels of absence. x ✓ To improve the management of absence across all services using a holistic approach to wellbeing x ✓ Critical Success Factors (CSF’S) Strategic Fit x ✓ Business Need x ✓ Benefits Optimisation x ✓ Potential Achievability ✓ ✓ Supply side capacity x ✓ Potential Affordability x ✓ Summary Discounted Preferred Page 203
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26 The preferred option selected from the Options Appraisal is: Option 2 – to introduce additional resource in Education targeted to supporting schools / ASGs with the highest levels of employee sickness absence. 4.3 Economic Appraisal 4.3.1 Estimating Benefits The purpose of estimating the value of benefits is to determine whether an option’s benefits are worth its costs. Benefits fall under four main categories: • Cash releasing benefits – benefits that reduce costs • Non-cash releasing benefits – reducing the time it takes a resource to do the job • Quantifiable benefits – benefits that can be quantifies • Non-quantifiable benefits - These are qualitative benefits that cannot be quantified. Table 5: Estimating Benefits Type Direct to Council Indirect to Council Quantitative (or quantifiable) A reduction in sickness absence rates for Teaching staff An improved learning experience for learners Cash releasing A reduction in the cost of sick pay and supply cover Budget can be better directed elsewhere Non-cash releasing A reduction in the time spent by promoted staff in schools both organising and providing cover and the impact of this thus enabling them to focus on the learning experience. An improved learning experience for learners Qualitative (or non-quantifiable) Reduced pressure on promoted staff in schools and other colleagues who are required to cover absence n/a Page 204
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27 4.3.2 Estimated Costs Costs have been estimated by HR and confirmed with Accountancy. The costs identified fell into the following main categories. In each case, the sources and assumptions underlying their use are explained. Table 6: Estimated Costs Description Costs Assumptions 2.0 fte x HR / Welfare Advisers (Grade 7-9) £176,000 over 2 years at Grade 9, comprising £87,000 in Year 1 and £89,000 in Year 2. Costed based on 2 x term time placed on bottom of Grade 9 for Year 1 and second point for Year 2 4.4 Benefits appraisal 4.4.1 Qualitative Benefits Criteria An assessment to evaluate the qualitative benefits associated with each option has been undertaken by: • Identifying the benefits criteria relating to each of the investment objectives • Weighting the relative importance (in %s) of each benefit criterion in relation to each investment objective • scoring each of the short-listed options against the benefit criteria on a scale of 0 to 9 • Deriving a weighted benefits score for each option. The benefits criteria were weighted as follows for each investment objective: Table 7: Qualitative benefits criteria Investment Objectives Qualitative Benefits To reduce the rates of sickness absence and associated costs of cover for teacher sickness absence. Improved capacity and resilience within teams, services and organisationally through maximising attendance. To improve the management of absence in schools to alleviate the pressures on head and depute teachers, particularly in schools where there are high levels of absence. Improving workload management by creating capacity for promoted staff in schools for focusing on leadership and management responsibilities that ultimately benefit the whole school. Page 205
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28 4.4.2 Analysis of Key Results The results of the benefits appraisal are shown in the following table: Table 8: Benefits appraisal results Benefit Criteria and Weight Option 1 Score Option 2 Score To reduce the rates of sickness absence and associated costs of cover for teacher sickness absence. 0 9 To improve the management of absence in schools to alleviate the pressures on head and depute teachers, particularly in schools where there are high levels of absence. 0 9 Total 0 18 Rank 2 1 The key considerations that influenced the scores achieved by the various options were as follows: • Option 1 – do nothing /status quo: This option ranks lowest at 4. It provides no change to current practice. Key considerations influencing its score are the lack of change in approach and any improvements in sickness absence levels are likely to be incremental. • Option 2 – minimum (additional resource for schools absence): This option ranks second lowest at 3. It provides additional resource targeted to schools and ASGs with highest absence. Key considerations influencing its score are that the benefits are limited to within schools. 4.5 Risk assessment 4.5.1 Methodology Risk appraisal has been undertaken and involved the following distinct elements: • Identifying all the possible business and service risks associated with each option • Assessing the impact and probability for each option • Calculating a risk score Page 206
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29 4.5.2 Risk Scores Risk scores have been assigned in the following table on the basis of consideration of and assessment of previous procurements. Likelihood Impact 1= Remote 1= Insignificant 2= Unlikely 2= Minor 3= Possible 3= Moderate 4= Likely 4= Major 5= Almost Certain 5= Catastrophic E.g. Tot = Likelihood x Impact (Possible 3 x Major 4= Score of 12) this would be scored as an amber risk. Table 9: summary of the risk appraisal results: Summary of Risk Appraisal Results: OBC Pr = Likelihood Tot. = Likelihood x Impact Impact Option 1 – status quo Option 2 – minimum Pr. Tot. Pr. Tot. Unable to recruit 5 0 0 1 5 Lack of anticipated impact on sickness absence levels 5 0 0 1 5 Total 0 10 Rank 2 1 Risk Scoring Score Classed As >= 15 = Red >= 8 and <15 = Amber 0 to 7 = Green The key considerations that influenced the scores achieved by the options were as follows: Option 1 – status quo This option ranks 4. It provides for no change in practice therefore new risks. Page 207
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30 Key considerations influencing its score are that there will be no change therefore no introduction of new risks. Option 2 – Minimum This option ranks equal first. Key considerations influencing its score are that it provides for some change in practice with additional staffing resource. If unable to recruit the risks of making a noticeable impact on reducing absence would be mitigated by continuance of current practice until a second recruitment exercise was undertaken. If that proved unsuccessful, realignment of current priorities and resources would be considered as would recruiting from an agency or altering the remit of the posts to attract candidates. 4.6 The Preferred Option The results of investment objective appraisal are as follows: Table 10: summary of overall results Evaluation Results Option 1 Option 2 Benefits appraisal 2 1 Risk appraisal 2 1 Overall Ranking 2 1 Conclusion: the preferred option is Option 2 because it provides for the widest range of potential benefits within acceptable risk parameters. 5. The Financial Case 5.1 Impact on the organisation’s income and expenditure account The anticipated payment stream for the project over its intended life span is set out in the following table: Table 11: Anticipated Payment stream £ Year 0 Year 1 Year 2 Total £000 £000 £000 £000 Capital Revenue 87 89 Total 87 89 176 Existing 0 0 Additional 87 89 Page 208
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31 Total 87 89 176 5.2 Overall affordability The proposed cost of the project is additional resource at an annual cost of £176,000 Any reduction in the cost of absence through, for example, reduced service cover this will be offset against the cost of the service provision. 6. The Management Case 6.1 Programme management arrangements The scheme is an integral part of the Transformation programme, which comprises a portfolio of projects for the delivery of savings, modernisation and improvement. The absence projects supplement the existing Corporate Workforce Strategy and Plan with regard to the health, safety and wellbeing of the workforce. These are set out in the Transformation Strategy report agreed by Moray Council on 24 April 2024. Governance of the project will be through prescribed project management methodology i.e. development of detailed project plan with key measurables in terms of outcomes, line management within Education or People, Change & Community Strategy and regular updates to the Transform Board and Corporate Committee at assigned stages of the project. 6.2 Project management arrangements The project will be managed in accordance with PRINCE 2 methodology. The project will be managed from within the Human Resources Section who will work closely with senior officers in Educational Services and Head Teachers. 6.2.1 Project reporting structure The reporting hierarchy for the project is as follows: Head of People, Change & Community Strategy Service Manager – People Management HR/Welfare Advisers The additional staffing resources proposed (2 term time full time posts) would report directly to the Service Manager – People Management with close liaison with the Service Manager Business Support and are likely to spend significant time in schools working alongside Head Teachers and other promoted staff on the duties and responsibilities outlined above. Should the pilot be expanded into other service areas with high sickness absence rates then that will also require close working with relevant service managers. Page 209
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32 6.2.2 Project roles and responsibilities These are as follows: Service Manager – People Management: Act as project manager responsible for overseeing the day to day running of the project, ensuring it remains on track and on time and providing regular updates on progress. HR/Welfare Advisers: Responsible for providing professional advice on interpretation of employment law and terms and conditions in relation to the handling of absence management and proactively managing absence cases effectively and efficiently, liaising with the relevant promoted post in schools Responsible for assisting, advising on and undertaking communication and strategies to maximise attendance and proactively manage absence 6.2.3 Project plan To be developed if approved. 6.3 Use of special advisers Special advisers have been used in a timely and cost-effective manner in accordance with the Treasury Guidance: Use of Special Advisers. Table 12: Special advisers Specialist Area Adviser Human Resources Service Manager – People Management, Senior HR Adviser, HR Advisers Organisational Development Service Manager – OD & Change, Senior OD Adviser, OD Adviser Professional Education knowledge Service Manager Business Support Financial Accountant 6.4 Outline arrangements for change and contract management The strategy, framework and plan for dealing with change and associated contract management is as follows: The project plan for the pilot sets out the strategy, key milestones and timescale for the project. Whilst refinements and improvements to operational practice can be implemented at source, any changes to the policy framework are likely to require consultation with relevant service managers and trade unions. Page 210
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33 Change arrangements will be managed through the agreed change request process as part of the project management governance arrangements. 6.5 Outline arrangements for benefits realisation The outline arrangements for dealing with the management and delivery of benefits are as follows: Service Manager – People Management – responsible for ensuring delivery of the project within agreed parameters and timeframe Education and Accountancy – responsible for developing a process to realise the savings accrued from less reliance on cover costs e.g. supply teachers 6.6 Outline arrangements for risk management The project risk register is being developed as part of the project plan. 6.7 Outline arrangements for post project evaluation It is intended that the pilot is reviewed towards the end of the two-year period, again to ascertain whether the investment is cost effective. 6.7.1 Post implementation review (PIR) These reviews ascertain whether the anticipated benefits have been delivered and are timed to take place at 6-month intervals for the duration of the project. 6.7.2 Project evaluation reviews (PERs) PERs appraise how well the project was managed and delivered compared with expectations and are timed to take place within 6 months of the conclusion of the project. 6.8 Contingency plans In the event that this project fails, arrangements for continued delivery of the required services and outputs would be continued management of absence in line with currently agreed policy and procedures. Page 211
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Education, Housing and Communities Author: Denise Whitworth Contact Email: hr@moray.gov.uk Subject: Publication of Elected Member Expenses 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the proposal for publication of elected member expenses. 1.2 This report is submitted to Council in terms of Section III (B) (49) of the Council’s Scheme of Administration relating to exercising of the statutory functions of the Council under the Local Government in Scotland Act 2003. 2. SUMMARY 2.1 Following review of the Members’ Allowances and Expenses Scheme by Moray Council on 25 June 2025 (paragraph 21 of the minute refers), it was agreed that a report would be brought back to the December meeting of the Council with options for how Councillor expenses will be published going forward. 2.2 This report presents an option that would be efficient in terms of using existing systems without an undue burden on officer to administer. 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) consider the option to publish Members’ expense claims; and ii) approve moving to publication of Members’ expense claims following appropriate training and communication of the revised procedure Denise Whitworth Executive Director Education, Housing and Communities Item 14. Page 213
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4. BACKGROUND AND CONTEXT 4.1 During the review of the Members’ Allowances and Expenses Scheme at the meeting of Moray Council on 25 June 2025 it was proposed that Councillor expenses are published in full. While concerns were raised about the potential for additional officer time that would be required to publish Member expenses with the current manual and paper process, it was agreed that options for publication would be explored (para 21 of the minute refers). 4.2 Openness and transparency were considered to be vital so that the public had faith in the reasonableness of expense claims. 4.3 Officers from HR, ICT and Democratic Services have reviewed the current systems that are available and the procedures for claiming expenses and have developed a process that would be relatively straightforward to implement. 5. PROPOSALS 5.1 All claims will be on a revised excel claim form which has a drop down for the category of the expense as this is frequently requested in Freedom of Information (FOI) requests. A sample of the form is included as Appendix 1 to this report. No paper forms will be accepted. 5.2 Once processed, any personal details over and above name (e.g. address, car details) will be redacted from the form and Member’s Support will upload it to the Council’s Committee Management Information System (CMIS) allowing public access to view, similar to open Council and Committee reports. 5.3 The administration of this will take approximately 15 minutes of additional officer time each month but will save approximately 30-40 hours of officer time per year that can be spent extracting details from expense claim forms to answer FOIs. It also supports the principles of openness and transparency with regard to the scrutiny of use of public funds. 5.4 Training and support will be provided to Councillors to ensure a smooth transition to the revised process. It is proposed that the move to the new approach could be implemented from January 2026. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Page 214
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Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 6.3 Policy and Legal Councillor remuneration is regulated by the Local Governance (Scotland) Act 2004 (Remuneration) Regulations with amounts updated annually by further regulations. The Elected Member Allowances and Expenses Scheme sets out the local application of those regulations in practice. The openness and transparency of publication of expense claims also upholds the Nolan Principles of Public Life in Scotland. 6.4 Financial There are no direct financial implications arising from this report. 6.5 Risk There are no direct risks arising from this report. 6.6 Staffing There are no direct staffing implications arising from this report other than the small amount of administration time required which is more than offset by the time saved in responding to numerous FOIs in relation to councillor expenses. 6.7 Best Value and Transformation The proposal in this report supports the principles of Best Value and Transformation. 6.8 Property There are no property implications. 6.9 Information Communications/Technology/Digital There are no direct ICT implications. 6.10 Equalities, Social Inclusion and Economic Impact There are no direct equalities, social inclusion or economic impact implications however all reasonable measures will be put in place to assist councillors with the electronic submissions. 6.11 Climate Change and Biodiversity Impacts There are no climate change or biodiversity implications. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Senior Payroll and HR Administration Adviser, Democratic Services Manager, ICT Team Leader and CLT and any comments made have been incorporated into the report 8. BACKGROUND PAPERS Page 215
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8.1 None. Page 216
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Education, Housing and Communities Author: Dawn Brodie Contact Email: Dawn.Brodie@moray.gov.uk Subject: Community Council Administration Grant Review 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to ask the Council to review the annual administration grant to Community Councils and to approve an updated grant allocation. 1.2 This report is submitted to Full Council in terms of Section III (B) (48) of the Council’s Scheme of Administration relating to the functions of the Council in connection with Community Councils. 2. SUMMARY 2.1 2.2 This report provides information on how the current Community Council Administration Grant Scheme is calculated. The proposals take account of feedback from individual Community Councils, and a proposal from the Joint Community Councils (JCC). The grants have not been increased since 2010 due to the financial constraints faced by the Council. Taking account of the historical grant position, it is proposed to apply a one-off 7.75% for 2026/27 and thereafter to apply annual increases in line with inflation for future years, improving Community Councils’ ability to meet their running costs. The report also considers the method of allocating the grant to each Community Council and confirms that the current core element plus a population factor remains appropriate and is supported by Community Councils. 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) increase the total administration grant to Community Councils, both the fixed amount and per capita by 7.75%. The administration grant to Community Item 15. Page 217
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Councils for 2026/27 will therefore be £537.98 plus 7.83p per capita and reviewed annually thereafter in line with inflation; ii) agree for those Community Councils with no access to a suitable Council venue for holding meetings, access to schools (outside of school hours) will be investigated; and iii) agree to explore the purchase of laptops by the Council for the use of Community Councils as a further option to support the work of Community Councils. Dawn Brodie Community Learning and Engagement Manager 4. BACKGROUND AND CONTEXT 4.1 At Corporate Committee on 26 August 2025, the Committee asked for consideration to be given to how the distribution of the annual administration grant to Community Councils is calculated and provided (para 16 of the minute refers). 4.2 At the Policy and Resources Committee on 28 September 2010 it was agreed to provide a £500 basic grant and per capita amount to Community Councils based on the current per capita formula for Community Councils. £500 would be allocated to the Joint Community Councils subject to the amount of grant being reviewed annually as part of the budget process. The amount has not been reviewed since this date (para 5 of the minute refers). 4.3 At the Policy and Resources Committee on 14 April 2015 (para 12 of the minute refers) it was reported that consultation feedback from Community Councils stated: a. Community Councils stressed that they provided good value to the Council, partners and the community and that the current allocation of funding had been reduced in real terms. b. Although the amounts are sufficient for most, Community Councils” just” managed to survive financially and many Community Councillors across Moray do not claim expenses however rural Community Councils were struggling to survive on the current financial allocation. 4.4 In November 2023 the Joint Community Councils of Moray (JCC) formed a subgroup to look into the allocation and amount of administration grant received from Moray Council. This work came as a result of further feedback from some Community Councils about the challenges they were experiencing to meet their required spending within the current allocation. This feedback has been considered for this report. 4.5 The administration grant is available to cover the costs of administering Community Council business which includes: a. Auditors' fees Page 218
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b. Production and circulation of minutes, agenda and annual reports or other Community Council documentation c. Stationery d. Photocopying e. Postage f. Travel costs g. Telephone and mobile phone costs h. Information Technology (IT) costs including hardware and software i. Accommodation lets j. Affiliation fees k. Subscriptions l. Bank charges m. Advertising n. General publicity, promotional and ceremonial activities o. Consultation with the community p. Honorariums to the Community Council secretary and treasurer Reference Scheme of Establishment of Community Councils, 16.3.3 Appendix 1. 4.6 Currently Community Councils in Moray each receive an administration grant of £500 plus 7.25p per head of population. The JCC also receives an annual administration grant of £500. Most Community Councils do not pay expenses to their members to recompense them for expenses incurred as a Community Councillor. A number do not have access to a Moray Council venue for meetings. Therefore, Community Councils have asked for the allocation to be reviewed. The total administration grant for all 20 Community Councils for 2025/26 is £17,336.73. 4.7 The core administration grant has not increased since at least 2010. In some cases the amount will have increased due to an increase in the population in a Community Council area. However, from 2016/17 until 2023/24 the grant has only increased by £38.71 for Elgin Community Council. Therefore population growth does not result in a substantial increase in the total administration grant received. 4.8 Inflation has not been taken into account for the administration grant to date. This has been largely due to the financial constraints experienced by the Council and budget decisions to constrain costs as far as possible but was also over a period that saw relatively low inflationary growth in some years. However, it is recognised that a static cash grant is a real terms reduction. 4.8 There have also been other changes that have placed demands on Community Councils, such as the transfer of halls to community ownership and hire charges that now apply. This has resulted in more Community Councils not having access to a free venue (now 11 out of 20). Room costs for the Community Councils previously formed (September 2025) that have to pay for meeting rooms totals £2,100 per annum. The three Community Councils that were not formed would incur additional costs of at least £600 if they formed and could not access a Council owned venue. Page 219
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4.9 Appendix 2 breaks down the administration grant and expenditure costs for each Community Council in 2023/24. Those Community Councils that overspent their grant had to use reserves to offset this overspend. 4.10 To aid with control of room hire costs, the Council will explore the option of trusted access to schools for Community Councils as a mitigating measure. This would enable access to the school outside of normal school hours by nominated members of the Community Councils who have been briefed on access to and use of the building and would take on responsibility of keyholding and ensuring safe and appropriate use of the building as a trusted partner organisation. 4.11 Almost all Community Councillors do not claim expenses to attend meetings. This cost is borne by the Community Councillors themselves but the result of this can impact on people from different backgrounds, making them less likely to become Community Councillors due to associated costs and they are therefore excluded from putting themselves forward for election or co-option. It would be beneficial if there was an acceptance that Community Councillors should not be out of pocket to remove this barrier to participation. 4.12 An expenses policy (Appendix Community Council Handbook Section 5.7) has been drafted by the Community Council Liaison Officer which can be amended by Community Councils to suit their circumstances. This includes mileage, or other transport costs to attend all meetings, not just those outside of their Community Council area. It could also include compensation for caring costs, such as childcare or additional carer hours. Community Councils would not be able to do this within their current administration grant. 4.13 The basic insurance premium is paid by the Council over and above the administration grant. For 2025/26 policies this is £97.20. However, over time Community Councils have taken on more projects/responsibility/ownership of equipment. Some of this increase has been due to reductions in services of other organisations, including the Council. This has resulted in increased insurance premiums that the administration grant needs to cover. Additional work, such as resilience planning has been taken on to complement work being undertaken by other statutory partners. 4.14 A Joint Community Councils’ Administration Grant subgroup was formed in November 2023 to look in more detail at the funding. They met 4 times to gather information from each Community Council about their current annual costs and projected costs if expenses were claimed. 4.15 In August 2024 a meeting with representatives from all Community Councils was held to consider the information and feedback received. From this meeting some options were proposed around reviewing the allocation and amount of the administration grant. 4.16 The Joint Community Councils’ Administration Grant subgroup finally met on Monday 22 September 2025 to discuss the overall feedback and propose a final option. Community Councillors on the subgroup agreed that the key challenge was the amount of grant received rather than the allocation formula itself. Page 220
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4.17 In summary, the Joint Community Councils’ position is that an increase in the level of grant is required but that they support the current methodology for calculating the grant. They are concerned about access to meeting rooms and the cost of this. There was also a suggestion of an annual project fund that could be administered by the JCC. However, the Council continues to face financial challenges and so this latter element has not been recommended to the Council by Officers. 4.18 A further area of expenditure for Community Councils is provision of ICT equipment. Options are being explored to consider whether the Council may be able to provide laptops on a phased basis, for example a 5 year replacement programme aligned to our own ICT replacement programme. This would be estimated at £1500 per year and would be contained within current ICT replacement budget. 5. PROPOSALS 5.1 It is proposed that a one-off uplift is applied for 2026/27 to recover an element of the real terms value of the grant, to enable Community Councils to meet running costs and where possible support Community Councillors’ expenses. It is proposed that an increase based on twice the rate of inflation in 2024 is applied to the grant and per capita amount for 2026/27 and reviewed annually thereafter in line with inflation to ensure a long term sustainable position in real terms. Using an online inflation calculator this would mean that a percentage uplift of 7.75% would apply for 2026/27 and the total administration grant for all 20 Community Councils would rise to £18,681.25. It should be noted that 13 Community Councils are currently formed. 5.2 To give further support and assistance in kind, it is proposed to explore the option of trusted access to schools for Community Councils where currently the Community Council has no access to free Council premises and to explore the purchase of laptops by the Council for Community Council use as a further option to support the work of Community Councils. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x Page 221
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6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☒Empowering and connecting communities. ☒ Improving wellbeing of our population 6.3 Policy and Legal The Local Government (Scotland) Act 1973 – the Local Authority must provide a scheme for establishment of Community Councils in their area. Local Government (Scotland) Act 1994 continues this provision. The role of Community Councils in Scotland was further strengthened by the Community Empowerment (Scotland) Act 2015 which identified them as community participation bodies. Community Councils have a statutory right to be consulted on applications for planning permission and have a key role as per the Planning (Scotland) Act 2019 in engaging with the statutory planning system. 6.4 Financial There are direct financial implications arising from this report. Based on the 2025/26 allocation this would result in a budget pressure of £1,344.52 and thereafter additional budget based on inflation. The level of financial implications would depend on the number of Community Councils operating. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments Page 222
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6.5 Risk Not increasing the funding to Community Councils could mean that some struggle to function, which will limit the Council’s ability to engage and consult with them. Reduction in engagement opportunities may lead to lower levels of public participation and a weakening of the democratic process at the local level. Community Councils rely heavily on volunteers and insufficient funding can place additional burdens on these individuals, leading to people stepping down, leaving a loss of valuable skills and knowledge. There is also a danger that some may fold if there are insufficient numbers to form a Community Council. 6.6 Staffing None arising directly from this report. The Community Council Liaison Officer will continue to support Community Councils. 6.7 Best Value and Transformation In the Council’s Best Value Action Plan 2024-27 (5.1 – Community Budget Engagement), there is an action to involve communities across its financial planning and service/policy change processes and to engage key stakeholders (eg Community Councils) on progress and feedback for Participatory Budget approaches and local priorities. Community Councils are a key stakeholder and link between local residents and Moray Council, providing a platform for community voices and involvement in local governance. 6.8 Property None arising from this report. 6.9 Information Communications/Technology/Digital Options are being explored to consider whether the council may be able to provide laptops on a phased basis, for example a 5 year replacement programme aligned to our own ICT replacement programme. This would be estimated at £1500 per year and would be contained within current ICT replacement budget. 6.10 Equalities, Social Inclusion and Economic Impact Increasing the grant to Community Councils will enable them to cover expenses of Community Councillors, making participation more accessible and inclusive. By providing financial support for travel, caring costs and other necessary costs, more individuals from diverse backgrounds will be in a position to join and contribute to the work of their Community Council, ensuring a broader range of voices and perspectives are represented within the community. An Integrated Impact Assessment has been completed which is enclosed with this report at Appendix 3. 6.11 Climate Change and Biodiversity Impacts None arising from this report. 7. CONSULTATION 7.1 This report has been prepared in consultation with Executive Director (Education Housing and Communities), Chief Financial Officer, Service Manager Legal Services, Service Manager Democratic Services and Equalities Officer. The work of the Joint Communities Page 223
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Subgroup has also been considered by the Community Leadership Team, reflected in the report and recommendations made. 8. BACKGROUND PAPERS 8.1 Appendix 1 The Moray Council Scheme for Establishment of Community Councils, Appendix 2 Community Council Budget Breakdown Appendix 3 Integrated Impact Assessment Page 224
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Appendix 1 Moray Scheme for the Establishment of Community Councils 2025-2029 Incorporating Community Council members’ Code of Conduct, Model Constitution, Standing Orders & Area Descriptions Document Version 3.0 Document Status DRAFT Document Date August 2025 Page 225
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Document Owner Service Manager Democratic Services and Service Manager Community Strategy and Engagement Review Date November 2028 . Version Control 1.0 30 June 2017 Scheme 2017-2021 finalised following TMC meeting of 29 June 2017 1.1 2 August 2017 Correction to typo in Appendix 1 1.2 19 September 2017 Correction to minor numbering error in Appendix 2 and 3 1.3 30 November 2020 Proposed changes to scheme drafted and inserted 1.4 02 December 2020 Second revision of scheme redraft 1.5 15 December 2020 Second revision of scheme redraft following internal consultation 1.6 11 January 2021 Corrections to formatting issues 1.7 26 February 2021 Changes to scheme amended and inserted following 2nd round comments 1.8 2 June 2021 Minor changes to proposed scheme following final proofing for report 2.0 2 July 2021 Scheme 2021-2025 finalised following TMC meeting of 30 June 2021 3.0 26 August 2025 Changes to scheme following 1st and 2nd round comments Page 226
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Moray Council Community Council Scheme 2025- 2029 1 Contents Introduction ........................................................................................................................... 2 1 Statutory Purpose of Community Councils ....................................................................... 3 2 Establishment of Community Councils under the Scheme ............................................... 3 3 Community Council Name ................................................................................................. 4 4 Role and Responsibilities of Community Councils ............................................................. 4 5 Community Council Areas ................................................................................................. 8 6 Membership of Community Councils ................................................................................ 8 7 Scheme of Electoral Arrangements ................................................................................... 9 8 Filling of casual vacancies between elections ................................................................. 10 9 Additional Membership ................................................................................................... 11 10 Term of Office ................................................................................................................ 13 11 Equalities & Inclusion..................................................................................................... 13 12 Disqualification of Nomination or Membership ............................................................ 14 13 Meetings ........................................................................................................................ 15 14 Liaison with the Local Authority .................................................................................... 17 15 Resourcing a Community Council .................................................................................. 18 16 Liability of Community Council Members ..................................................................... 20 17 Dissolution of a Community Council ............................................................................. 20 Appendix 1 – Community Council names, membership numbers, sub-divisions and area description ........................................................................................................................... 22 Appendix 2 – Model Constitution ....................................................................................... 29 Appendix 3 – Standing Orders ............................................................................................. 39 Appendix 4 – Code of Conduct ............................................................................................ 45 Page 227
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Moray Council Community Council Scheme 2025- 2029 2 Introduction Community Councils were established in Scotland following the Local Government (Scotland) Act 1973. Thereafter, the Local Government etc. (Scotland) Act, 1994, which produced the current system of unitary Local Authorities, made provision for the continuation of Community Councils. Under the legislation, every local community in Scotland is entitled to petition their local authority to establish a community council in their area. Community Councils are voluntary non-party political bodies, formed under a statutory framework, and are recognised as statutory consultees in relation to planning and non-statutory consultee for licensing. The roles and responsibilities of community councils are set out within the scheme and is supported by the council through a discretionary administrative grant and a dedicated officer to enable and support Community Councils in their role within the community. The role of Community Councils in Scotland was further strengthened by the Community Empowerment (Scotland) Act 2015 which identified them as community participation bodies. Community councils have a statutory right to be consulted on applications for planning permission and have a key role as per the Planning (Scotland) Act 2019 in engaging with the statutory planning system. The Local Authority is required to publish a community council scheme (the ‘Scheme’) setting out the provisions for the formation and operation of Community Councils in Moray. The Scheme is supplemented with a number of documents being the Code of Conduct, Model Constitution and Standing Orders, as well as specific policies relating to operational matters. This version of the Scheme will come into operation from November 2025 at the start of the new term and will be subject to review periodically prior to each new term. Page 228
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Moray Council Community Council Scheme 2025- 2029 3 1 Statutory Purpose of Community Councils 1.1 The statutory purposes of Community Councils established under the Scheme are set out in Section 51 (2) of the Local Government (Scotland) Act 1973, as follows:- ‘’In addition to any other purpose which a Community Council may pursue, the general purpose of a Community Council shall be to ascertain, co-ordinate and express to the local authorities for its area, and to public authorities, the views of the community which it represents, in relation to matters for which those authorities are responsible, and to take such action in the interests of that community as appears to it to be expedient and practicable’’ 2 Establishment of Community Councils under the Scheme 2.1 Upon the Local Authority’s revocation of the existing Scheme and decision to make a new Scheme, it shall publish a Public Notice, which shall invite the public to make suggestions as to the areas and composition of the Community Councils. 2.2 Thereafter, a consultation process on the proposed Scheme shall be undertaken prior to its formal adoption by Moray Council. The scheme may be amended at any time following approval by Moray Council. 2.3 If for any reason there is no established Community Council in an area following elections, twenty local electors whom must be on the electoral register for the area concerned may make a request by way of petition to Moray Council for an election to be held. Any members elected in this way will only hold office for a Page 229
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Moray Council Community Council Scheme 2025- 2029 4 period of up to four years from the date of nomination/election until the end of term for the next scheduled election, in accordance with election procedures. 2.4 The first elections to be held under the Scheme shall be held in 2025 on a date to be determined by the local authority. 2.5 Subsequent elections will be held on a four-yearly-cycle on dates to be determined by the Community Council in agreement with the Local Authority. Should community councils’ election cycle fall in the year of Scottish local government or parliamentary elections, the electoral proceedings will be held in the following year. 2.6 The local authority will administer all elections. See also Section 8 3 Community Council Name 3.1 The name for each Community Council will be as shown in Appendix 1. These can be modified with the prior approval of Moray Council. 4 Role and Responsibilities of Community Councils 4.1 The general purpose of Community Councils is to act as a voice for their local area. This will involve them articulating the views and concerns of local people in their area on a wide range of issues of public concern and make representations to Moray Council, other public sector bodies and private agencies on matters within their sphere of interest; 4.2 It is essential these views are demonstrated to be accurately representative of the community or communities the Community Council represents. Page 230
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Moray Council Community Council Scheme 2025- 2029 5 Accordingly, the Community Council must have in place, with reference to the national standards of community engagement, recognised consultative mechanisms to validate their views and devise strategies to secure greater involvement by all sectors of the community whom they represent. 4.3 Role 4.3.1 Community Councils have a statutory right to be consulted on planning applications; 4.3.2 Local authorities have a statutory oversight of Community Councils and are required by statute to consult Community Councils regarding planning applications. In addition, Community Councils are consulted on licensing matters and community planning. 4.3.3 Community Councils are a community participation body under the Community Empowerment Act 2015 and may make requests in relation to this provision; The Community Empowerment (Scotland) Act 2015 provides statutory rights for community councils along with other community organisations. This includes Part 3 Participation Requests, Part 8 Common Good and Part 9 Allotments. 4.3.4 There should be mutual engagement in the establishment of working relationships with Moray Council, the Community Planning Partnership, Local Area Forum and other agencies; 4.3.5 Community Councils may be consulted on any other matters by Moray Council, Community Planning Partnership and other public sector and private agencies; 4.3.6 Community Councils may carry out other activities that are in the general interests of the communities they represent, provided these activities fall within the objectives of their Constitution and the terms of the Scheme; Page 231
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Moray Council Community Council Scheme 2025- 2029 6 4.3.7 In carrying out their activities Community Councils must at all times adhere to the law, the terms of the Scheme and the Community Council Members’ Code of Conduct; 4.3.8 Each Community Council is required to adopt a Constitution, based upon the Model Constitution (Appendix 2), together with Standing Orders (Appendix 3), to encourage and maintain consistency for all Community Councils and to facilitate their proceedings being properly structured and regulated, to ensure that items of business relevant to the community are properly debated and decisions reached in a democratic manner. The Community Council’s constitution is required to be approved by Moray Council and shall not come into force until approved. The Council cannot approve a constitution that is in conflict with the scheme. A new constitution must be approved at the start of each term office following election, even if no amendments have been made. 4.4 Responsibilities 4.4.1 Community Councils have a duty under statute to represent the views of their local community. It is vital therefore they reflect the broad spectrum of opinion and interests of all sections of the community. Good Practice Guidance/handbook has been produced to help Community Councils to deliver on these responsibilities. 4.4.2 In order to fulfil their responsibilities and in being effective and representative, Community Councils shall: - a. Provide contact details of community council members, subject to the provisions contained within the Data Protection Act 1998 and the General Data Protection Regulations (2018). b. Provide contact details of the Community Council and how it may be contacted by the general public. c. Inform the community of the work and decisions of the Community Council by posting agendas and minutes of meetings in public places, such as libraries and noticeboards, online and social media; Page 232
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Moray Council Community Council Scheme 2025- 2029 7 d. Agendas and draft minutes of Community Councils’ meetings must be presented to the Moray Council’s nominated contact within 30 days from the date of that meeting, and ratified minutes within 14 days of approval and be circulated to Community Council members, relevant elected members and other interested parties. e. With reference to the national standards of community engagement, have in place consultative mechanisms to ascertain, co-ordinate and reflect the views of all sectors of the community which it represents, to liaise with other community groups within the area, and to fairly express and consider the diversity of opinions and outlooks of the people within the course of Community Council business. f. Seek to broaden both representation and expertise by promoting the associate membership of the Community Council of persons for specific projects/issues. g. Make particular efforts to encourage young people and other underrepresented groups to attend/participate in Community Council meetings and to ensure equality of opportunity in the way the Community Council carries out its functions. h. At all times, seek to ensure that all persons, including vulnerable groups and children, shall be kept safe and free from harm and protected from physical, sexual, verbal and emotional abuse when involved with the Community Council in line with Moray Community Councils Protection of Children & Vulnerable Adults Policy, if adopted by the Community Council. i. Maintain proper financial records and present financial reports at Community Council meetings. j. Inform Moray Council’s nominated contact of any change in membership (resignations, associate membership, etc.) and circumstances, as soon as is practicable. k. Encourage all community council members to participate in training provided for the benefit of community councils and their effective operation, whether council or externally provided. l. Respond to enquiries and feedback from the community. Page 233
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Moray Council Community Council Scheme 2025- 2029 8 5 Community Council Areas 5.1 Moray Council has listed the named Community Council areas, area descriptions and maps defining their boundaries found in Appendix 1 to the Scheme. Maps of all the Moray Community Council boundaries are available at www.moray.gov.uk/communitycouncils. 6 Membership of Community Councils 6.1 There shall be minimum and maximum membership of elected Community Council members in a Community Council as set out in Appendix 1. 7 Community Council Elections Eligibility 7.1 To be eligible to be a community council member; individuals must be; a. aged 16 years or older, and, b. qualification to stand for election is by both; i. residency within the specific Community Council area and, ii. named on the current electoral register for the Community Council area as a local government elector. iii. The same criteria shall apply to voters in a community council election. 7.2 There shall be provision made for non-voting Associate Membership for purposes as defined by each Community Council (section 10.1). Such persons will not be counted in terms of meeting a quorum, or towards the total number of community council members. 7.3 No elected member of Moray Council shall be eligible to be a member of a Community Council and, if a member of a Community Council is so elected, they will be deemed to have resigned from the Community Page 234
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Moray Council Community Council Scheme 2025- 2029 9 Council, the day after the result of the Local Government election is declared. 7.4 Elected members of Moray Council and members of the United Kingdom and Scottish Parliaments are entitled to become ex-officio members of Community Councils, with no voting rights (section 10.2). 7.5 If for any reason, the number of community council members falls below the minimum number of members as set out in Appendix 1, the nominated contact for Moray Council in consultation with Democratic Services administering the scheme, will support the community council subject to their agreement, for a period of no more than three months, to address any arising issues and seek to achieve the minimum membership required. 7.6 If after the expiration of the three months from the date of membership ceasing to meet the minimum membership and sufficient progress has not been made in meeting the same, then in consultation with the community council and elected members of the Moray Council for the Community Council area the Democratic Services Manager may seek to grant a further three month extension to the support provided, consult with the Returning Officer to initiate an interim election or recommend dissolution of that Community Council to the Moray Council. 8 Scheme of Electoral Arrangements 8.1 The Returning Officer, being the Returning Officer appointed by Moray Council for all major elections or their nominated representative(s) will be responsible for the administration of the elections under this Scheme. 8.2 The election will be conducted in accordance with the procedures laid within the Scheme of Electoral Arrangements for Community Councils. 8.3 The Electoral Scheme will be subject to periodic review as required by the Returning Officer. Page 235
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Moray Council Community Council Scheme 2025- 2029 10 9 Filling of casual vacancies between elections 9.1 Casual vacancies Casual vacancies on a Community Council may arise in the following circumstances: a. When a Community Council member formally resigns; b. When a Community Council member ceases to be resident within the Moray local government area; c. When a Community Council member has their membership disqualified or revoked (Section 13); d. On the death of a Community Council member; e. When a Community Council member is elected to serve as a councillor for the Moray Council, or the Scottish Parliament or UK Parliament. f. Due to unreasonable non-attendance by a Community Council member at scheduled Community Council meetings for a period of six months. g. Should a vacancy or vacancies arise on a community council between elections, it shall be a requirement that the local authority undertake appropriate election arrangements. Filling a vacancy can be undertaken either through the process of an interim election or by co-option. 9.2 Co-option to Community Councils 9.2.1 Filling a vacancy can be undertaken through co-option. However, should circumstances arise that lead to the number of full Community Council members falling below HALF of the maximum permitted membership, Moray Council shall be informed and may undertake arrangements for an interim election, where appropriate, to be held. 9.2.2 Co-opted members must be eligible for membership of the Community Council as detailed in Section 7. Page 236
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Moray Council Community Council Scheme 2025- 2029 11 9.2.3 Notice of any proposed co-option is required to be intimated to all of the Community Council’s members at least 14 days prior to the meeting when the matter will be decided. 9.2.4 Co-opted members must be accepted onto the Community Council by a twothirds majority of the full Community Council members present and voting. 9.2.5 Such co-opted members shall have full voting rights, with the exception of voting on co-option of members, and will serve until the next round of elections or at such time they become a full member. 9.2.6 After 6 months from the date of their co-option to the Community Council the co-opted member will become a full member with the same rights and this full member will no longer be counted within the ratio of co-opted members. 9.2.7 The number of co-opted members may not exceed a THIRD of the current elected Community Council membership. Should the ratio of co-opted to elected Community Council members become greater than one third, due to any circumstances, Moray Council shall be informed and may determine arrangements thereafter for an interim election, where appropriate. 10 Additional Membership 10.1 Associate Members 10.1.1 Associate members may be appointed by a Community Council where there may be a need for individuals with particular skills or knowledge. These individuals do not have voting rights. Page 237
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Moray Council Community Council Scheme 2025- 2029 12 10.1.2 Associate members may also include representation from other constituted local voluntary organisations. 10.1.3 Associate members serving one Community Council cannot be elected or coopted members of any other Community Council unless they are representing constituted local voluntary organisations. 10.1.4 Associate members may serve for a fixed period as determined by the Community Council or for the term of office of the Community Council that has appointed them. 10.1.5 Associate members are not required to be residents of the community council area. 10.2 Ex-Officio Members 10.2.1 Moray Council Councillors, MPs, and MSPs whose wards or constituencies fall wholly or partly within the geographical area of the Community Council area shall be deemed ex-officio members of the Community Council. 10.2.2 Ex-officio members shall have no voting rights and will not be entitled to be elected or nominated representatives of a Community Council. 10.3 Youth Membership 10.3.1 Each Community Council is able to appoint two youth members between the ages of 16-18. Youth members must live within the Community Council area. These members shall be in addition to the total membership of each Community Council but will be considered as full members of the Community Council. They will have full voting rights, with the exception of co-option and will be appointed for a two-year term. Page 238
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Moray Council Community Council Scheme 2025- 2029 13 11 Term of Office 11.1 All members of the Community Council hold office for a period of approximately four years from the date of election until the date of the next scheduled election, in accordance with the election procedures outlined in Section 8. 11.2 Those members appointed by co-option will hold office for a period of up to four years from the date of co-option until the date of the next scheduled election of the appropriate year, as outlined above. 11.3 The term of office will cease on the occasion that the Community Council is dissolved by Moray Council (Section 18). 11.4 The Returning Officer reserves the right to vary the Community Council term, should other electoral timetables conflict with the Community Council election for that term, to prevent disruption and conflict to election processes. 11.5 Moray Council will administer all elections. 12 Equalities & Inclusion 12.1 The Equality Act 2010 makes it unlawful to discriminate against persons or groups on the grounds of the protected characteristics of race, sex, gender recognition, disability, age, sexual orientation, marriage and civil partnership, pregnancy and maternity, and religion or belief. 12.2 Recognition should be given to the contribution of everyone participating in the work of the Community Council. 12.3 Community Councils must comply with the duties of equal opportunities legislation and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. Page 239
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Moray Council Community Council Scheme 2025- 2029 14 12.4 Consideration must be given by the Community Council as to the location of their meeting place and reasonable adjustments made in terms of accessibility and facilities for disabled or disadvantaged users as far as practicable, to ensure that the needs of all members, visiting public or other additional members are met. See also Code of Conduct (Appendix 4) 13 Disqualification of Nomination or Membership 13.1 Membership of a Community Council is invalidated should a Community Council member’s residency qualification within that Community Council area cease to exist; the Community Council may automatically terminate their membership, with written notice and inform Moray Council as set out in 4.4.2(i). 13.2 Membership of a Community Council is invalidated should a Community Council member’s name no longer appear on the electoral register for that Community Council area. 13.3 If any member of a Community Council fails to attend any Community Council meeting, with or without submitting apologies, throughout a period of 6 months, the Community Council may terminate their membership, with written notice, provided that the termination of the membership must be an item on a meeting agenda and be carried with a two-thirds majority vote of those present and voting. The Community Council shall then inform Moray Council as set out in 4.4.2(i). 13.4 At the discretion of individual Community Councils, a period of leave of absence for a Community Council member may be granted at any meeting of the Community Council and minuted at any meeting of the Community Council. Page 240
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Moray Council Community Council Scheme 2025- 2029 15 13.5 In terms of nomination, a person shall be disqualified from being nominated as a candidate for election as, or if already elected from being a Community Council member if; a. They are a person whose estate has been sequestrated by a court in Scotland or who has been adjudged bankrupt elsewhere than in Scotland; or b. They have, within five years before the day of nomination, or election or since his election, as the case may be, been convicted in the United Kingdom, the Channel Islands, the Isle of Man or the Irish Republic of any offence and has had passed on him/her a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option or a fine; or c. Where a person is disqualified, under the subsection above, by reason of his/her estate having been sequestrated, the disqualification shall cease if and when- • the sequestration of his/her estate is recalled or reduced; or • he/she is discharged under or by virtue of the Bankruptcy (Scotland) Act 1985. d. Where a person is disqualified, under the first subsection above, by reason of having been adjudged bankrupt then • if the bankruptcy is annulled on the ground that he/she ought not to have been adjudged bankrupt or on the grounds that his/her debts have been paid in full, the disqualification shall cease on the date of the annulment; • if he/she is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his/her part, the disqualification shall cease on the date of his/her discharge; and • if he/she is discharged without such a certificate, his/her disqualification shall cease on the expiration of five years from the date of his/her discharge 14 Meetings Page 241
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Moray Council Community Council Scheme 2025- 2029 16 14.1 Inaugural Meeting 14.1.1 The Inaugural (first) meeting of a Community Council following a Community Council election, will be called by Moray Council’s nominated representative, and will take place within 1 calendar month of the date of the election, or as soon as practicable thereafter. 14.1.2 The business of the inaugural meeting may include consideration of a Constitution and Standing Orders, appointment of office bearers and any outstanding business matters from the outgoing Community Council. 14.1.3 Adoption of a constitution by the Community Council and thereafter approval by Moray Council must follow within 4 months of the Inaugural meeting. 14.1.4 In the absence of Community Council agreeing and signing their constitution and seeking approval of the same by Moray Council, the Community Council shall not be constituted, and Community Council members must abide by the Model Constitution in the interim until they are constituted. 14.2 Meeting Location and Frequency 14.2.1 Scheduled Community Council Meetings should be held in a formal setting, in a room with physical quorum and with the right for public attendance, unless national or local restrictions or prevailing conditions determine otherwise that meetings should be held remotely by a method determined by the Community Council. Community Councils may wish to use other remote means for decision making purposes; the method used must be accessible and available to all its members and any external persons who participate. 14.2.2 The frequency of meetings will be determined by each Community Council, subject to a minimum of one Annual General Meeting, if held and 6 ordinary meetings being held each year. The Annual General Meeting shall be held in a month of each year to be determined by the Community Council. 14.2.3 Dates, times and venues of regular meetings of the community council shall be fixed at the first meeting following ordinary elections and thereafter at its Page 242
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Moray Council Community Council Scheme 2025- 2029 17 annual general meeting (if held) otherwise annually. This information must be supplied to the Council once agreed and the Community Council must give public notice in advance of meetings. 14.3 Quorum The quorum for Community Council meetings shall be one THIRD of the actual voting membership of a Community Council, or 3 voting members, whichever is the greater. (see also section 5) 14.4 Content of Business An outline for the content of business that Community Councils should adhere to when holding ordinary, special and Annual General Meetings is contained within the Standing Orders (Appendix 3). 15 Liaison with the Local Authority 15.1 In order to facilitate the effective functioning of Community Councils, Moray Council has nominated an official to liaise with Community Councils. 15.2 Unless there is a specific agreement or an issue is a specific departmental issue, all correspondence between Moray Council and the Community Councils should preferably, in the first instance, be directed through that official unless otherwise advised. 15.3 Community Councils shall provide copies of their agendas and minutes, and notify any changes to membership within prescribed timescales (section 4.4), to Moray Council via the named official. 15.4 Community Councils may make representations and requests to Moray Council and other public and private agencies, on matters for which it is responsible and which it considers to be of local interest. Page 243
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Moray Council Community Council Scheme 2025- 2029 18 15.5 Representations should be made, in the case of statutory objections, such as planning or licensing matters, to the appropriate departmental Moray Council official. 15.6 Under the Community Empowerment Act 2015, requests for inclusion under the provisions of this Act should be made to the nominated Moray Council official. 15.7 On issues where a Moray Council department is consulting with Community Councils, representations should be made to the appropriate departmental officer. 15.8 In cases of ongoing Community Council member dispute or complaint, the Community Council should contact the nominated officer for further support and guidance. 16 Resourcing a Community Council 16.1 Financial Year 16.1.1 The financial year of each Community Council shall be provided for in the Constitution of each Community Council and shall be from October to September in each succeeding year to allow for the proper submission of audited statement of accounts to the Community Council’s Annual General Meeting (if held) or ordinary meeting as per the Community Council Constitution. 16.2 Annual Accounts 16.2.1 The annual accounts of each Community Council shall be independently examined by at least one examiner appointed by the Community Council, who is not a member of that Community Council by the end of November each year. Page 244
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Moray Council Community Council Scheme 2025- 2029 19 16.2.2 A copy of the independently examined statement of accounts/balance sheet shall be forwarded immediately thereafter the statement is approved at the Community Council’s Annual General Meeting (if held) or ordinary meeting, to the nominated official of the Local Authority. 16.2.3 The nominated official may, at their discretion and in consultation with the Council’s Head of Financial Services, require the Community Council to produce such records, vouchers and account books, as may be required. 16.3 Annual Administrative Grant 16.3.1 As per Section 55 of the Local Government (Scotland) Act 1973, Moray Council may provide an administrative grant to Community Councils to assist with the operating costs of the Community Council. 16.3.2 The grant shall be fixed at a rate reviewed and advised annually by Moray Council and may be disbursed in one or more instalments during the course of the financial year. 16.3.3 The administration grant is available to cover the costs of administering community council business which includes: a. Auditors' fees b. Production and circulation of minutes, agenda and annual reports or other Community Council documentation c. Stationery d. Photocopying e. Postage f. Travel costs g. Telephone and mobile phone costs h. Information Technology (IT) costs including hardware and software i. Accommodation lets j. Affiliation fees k. Subscriptions l. Bank charges m. Advertising n. General publicity, promotional and ceremonial activities o. Consultation with the community p. Honorariums’ to the Community Council secretary and Treasurer Page 245
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Moray Council Community Council Scheme 2025- 2029 20 16.3.4 Moray Council shall determine any additional support services and resourcing as necessary. 16.3.5 On dissolution or suspension of the Community Council, all equipment purchased with the administration grant provided by the Moray Council including IT, peripheral devices, telephones and mobiles must be handed back, within one month of the date of dissolution, to the nominated officer within the Moray Council to be held for the use of successive Community Council(s) established on all or part of that area. 16.4 Other Financial Resources 16.4.1 Each Community Council shall have the power to secure external funding and resources for schemes, projects and all other purposes consistent with its functions. 17 Liability of Community Council Members 17.1 Insurance is required for a Community Council to be operational. A scheme of insurance liability cover has been arranged. The insurance liability cover becomes effective upon Moray Council advising the insurance underwriter of the establishment of a Community Council. 18 Dissolution of a Community Council 18.1 The terms for dissolution of a Community Council are contained within the Model Constitution (Appendix 2). 18.2 Notwithstanding these terms, should a Community Council fail to hold a meeting for a period of 3 consecutive prescribed meeting dates, or its Page 246
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Moray Council Community Council Scheme 2025- 2029 21 membership falls below the prescribed minimum for a period of 3 consecutive prescribed meeting dates (during which time the Community Council and Moray Council have taken action to address the situation as detailed in Section 6.6 onwards), Moray Council shall take action to dissolve that Community Council. 18.3 On dissolution, the Community Council must surrender equipment, records and files as detailed in section 15.3.5. Page 247
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Moray Council Community Council Scheme 2025-2029 22 Appendix 1 – Community Council names, membership numbers, sub-divisions and area description Each Community Council below is listed with the minimum (Min) and maximum (Max) Membership numbers to form. The sub-divisions are listed with reference to the number of members from each sub-area alongside the associated electoral register reference. The first part of an individual’s elector number will be made up of the polling district reference noted below. CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum 1 Elgin 9 18 6 1A Elgin City North (9) MM0507 (pt) Riverside Caravan Park only MM0601 Elgin- Bishopmill West MM0602 Elgin – Bishopmill East MM0603 Elgin – Cathedral MM0604 Elgin – Pinefield Riverside Caravan Park, Bishopmill, Lesmurdie, Cathedral, Moycroft, Chanonry, Tyock, Waulkmill, East End, Pinefield, Ashgrove 1 (Pt) = Part Polling District split across Community Council areas –contact Moray Council’s Elections Office for more information if unsure which area a person is eligible for. Page 248
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Moray Council Community Council Scheme 2025-2029 23 1B Elgin City South (9) MM0701 Elgin – Central West MM0702 New Elgin West MM0703 New Elgin East MM0704 – Elgin Linkwood Borough Briggs, Bruceland, Old Mills, Lady Hill, West End, The Wards, Greenwards, New Elgin, Linkwood, Glassgreen, Hardhillock, Dunkinty, Palmerscross CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum 2 Forres 6 12 4 No sub-divisions MM0803 (pt) (incl. Invererne, Seafield, Netherton) MM0804 Forres South & Sanquhar MM0805 Forres East MM0806 Forres West and Mundole MM0807 Forres Central MM0808 (pt) (excl. Altyre, Blairs) Forres, Mundole, Mannachie, Sanquhar, Knockomie, Chapelton, Balnageith, Invererne, Waterford, Seafield, Hillhead, Netherton, Lochyhill, Springfield, Forres Enterprise Park 3 Findhorn & Kinloss 5 10 3 3A Findhorn (5) MM0801 Findhorn Findhorn 3B Kinloss (5) MM0803 (pt) Kinloss, Grange, Newton of Struthers MM0506 (pt) Alves and Roseisle (areas at Upper Hempriggs) Kinloss, Mill of Grange, Milton of Grange, East Grange, Cassieford, Kinloss Barracks, Seapark, Woodside, Newton of Struthers, Cassieford, Hatton, Damhead, Muirhead, Milton Brodie, Miltonhill 4 Dyke Landward 4 7 3 No sub-divisions MM0802 Dyke-Darnaway MM0810 Edinkillie (pt) (incl. Dounduff only) Dyke, Conicavel, Culbin, Moy, Brodie, Kintessack, Earlsmill, Whitemire, Dounduff Page 249
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Moray Council Community Council Scheme 2025-2029 24 5 Finderne 4 7 3 No sub-divisions MM0808 (pt) Altyre, Blairs only MM0809 Rafford MM0810 Edinkillie (excl. Dounduff) Rafford, Easter Lawrenceton, Dunphail, Edinkillie, Logie, Cathay, Altyre, Burgie, Blairs, Blervie, Brodieshill, Relugas, Glenerney, Braemoray 6 Burghead & Cummingston 5 10 3 6A Burghead (8) MM0501 Burghead & Cummingston Burghead & St Aethans 6B Cummingston (2) Cummingston CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum 7 Hopeman & Covesea 4 7 3 No Sub-divisions MM0502 Hopeman Hopeman, Covesea, Williamston, Plewlands, Burnside, Greenbrae, Weddershill 8 Lossiemouth 5 10 3 No Sub-divisions MM0503 Lossiemouth West & Drainie MM0504 Lossiemouth East Lossiemouth, RAF Lossiemouth 9 Heldon 9 18 6 9A Dallas (2) MM0101 Dallas Dallas, Kellas 9B Fogwatt & Birnie (4) MM0406 Fogwatt Fogwatt, Birkenhill, Birnie (excl. Glenlatterach), Thomshill, Clackmarras, Longmorn (excl. Gedloch) 9C Duffus (2) MM0505 Duffus Duffus, Gordonstoun, Roseisle (north), Bank of Roseisle, Waterton 9D Alves & Roseisle (4) MM0506 (pt) Alves & Roseisle (excl. areas at Upper Hempriggs) Alves, College of Roseisle (south), Coltfield, Cloves, Newton (pt), Page 250
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Moray Council Community Council Scheme 2025-2029 25 9E Miltonduff & Spynie (6) MM0507 (pt) Miltonduff (excl. Riverside Caravan Park) Miltonduff, Spynie, Newton (pt),Quarrywood, Findrassie, Pluscarden, Barnhill, Kintrae, Mosstowie, Pittendreich, 10 Innes 5 10 3 10A Lhanbryde & Pitgaveny (4) MM0401 Lhanbryde & Pitgaveny Darkland, Lhanbryde, Pitgaveny (incl. Spynie Palace and surrounds), Troves, Teindland, Barmuckity, Threapland 10B Urquhart (2) MM0402 Urquhart Urquhart, Lochhills, Muir of Lochs, Cappieshill, Innes 10C Garmouth & Kingston (2) MM0403 Garmouth & Kingston Garmouth, Kingston, Corskie CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum 10D Mosstodloch (2) MM0407 Mosstodloch Mosstodloch, Dipple, Stynie, Orbliston 11 Buckie & District 6 12 4 11A Buckie (8) BM0301 (pt) Buckpool BM0303 Buckie West BM0304 Buckie East BM0305 (pt) Millbank, Mains of Buckie BM0306 (pt) Portessie Buckie, Buckpool, Portessie, Maltings and Industrial Estate Page 251
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Moray Council Community Council Scheme 2025-2029 26 11B Rathven & Arradoul (4) BM0202 (pt) excl. Bloomfield, Denside & Smithston BM0301 (pt) Auchentae, Arradoul MM0302 Westerton Arradoul BM0305 (pt) Cleanhill, Rannachy, Hilton BM0306 (pt) Rathven BM0307 (pt) Strathlene Cottages area Rathven, Arradoul, Drybridge, Loanhead, Letterfourie, Addie Hill, Hilton, Auchentae, Inchgower, Whitegate, Whitefield, Westerton Cottages, Strathlene Cottages area 12 Findochty & District 4 7 3 No sub-divisions BM0202(pt) (Carnoch Cottage, Bloomfield, Smithstown only) BM0307 (pt) Findochty excl. area at Strathlene Court, Moor of Scotstown Findochty, Moor of Scotstown, Moor of Findochty, Westertown, Bauds, Law Hillock 13 Portknockie 5 10 3 No sub-divisions BM0201 Portknockie BM0202(pt) (Denside only) Portknockie, Hillhead, Cruats, Denside 14 Cullen & Deskford 4 9 3 14A Cullen (6) BM0202 (pt) excl. Bloomfield, Smithston & Denside & Carnoch Cottage Cullen, Lintmill, Bin of Cullen 14B Deskford (3) BM0203 Deskford Kirktown of Deskford, Berryhillock, Skeith CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum 15 Lennox 7 14 4 15A Spey Bay (2) MM0404 Spey Bay Auchenhalrig, Bogmoor, Nether Dallachy, Upper Dallachy, Spey Bay, Tugnet 15B Portgordon (4) MM0405 Portgordon Portgordon, Enzie(pt), Gollachy Page 252
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Moray Council Community Council Scheme 2025-2029 27 15C Fochabers (6) MM0408 Fochabers Fochabers, Bellie, Ordiquish, Forgie 15D Clochan & Enzie (2) MM0409 Clochan Clochan, Enzie(pt), Broadley, Tynet 16 Keith 5 10 3 No sub-divisions BM0206 Fife-Keith BM0207 Keith and Rural (pt) Fife Keith, Keith, The Den, Corsairtly Farm 17 Strathisla 5 10 3 No sub-divisions MM0103 Boharm MM0107 Drummuir MM0204 Newmill BM0205 Grange MM0207 Keith and Rural (pt) BM0208 Rothiemay Aultmore, Berryhillock, Craighead, Drummuir, Botriphnie, Boharm, Rothiemay, Newmill, Farmtown, Grange, Glentauchers, Knock, Maggieknockater, Mulben, Towiemore 18 Speyside 5 10 3 No sub-divisions MM0102 Rothes MM0104 Knockando MM0105 Archiestown MM0106 Craigellachie MM0108 Aberlour Rothes, Knockando, Archiestown, Aberlour, Craigellachie, Carron, Cardhu (Cardow), Dailuaine, Edinvillie, Glenlatterach (incl. Gedloch), Ruthrie, Tomnabent, Woodside of Ballintomb, Inchberry 19 Dufftown, Cabrach and District 5 10 3 No sub-divisions MM0109 Dufftown & Cabrach Dufftown, Cabrach, Auchindoun, Glen Rinnes, Glenfiddich CC No. Community Council Name Membership Sub- Divisions & (No. of seats) Electoral Register & Polling District reference 1 Locality/ Settlements / Rural Communities in Area Min Max Quorum Page 253
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Moray Council Community Council Scheme 2025-2029 28 20 Glenlivet 4 7 3 No sub-divisions MM0108 Ballindalloch MM0110 Glenlivet MM0111 Tomintoul Auchbreck, Cragganmore, Glenlivet, Glenfarclas, Bridgend of Glenlivet, Tomintoul, Ballindalloch, Inveravon, Kirkmichael, Auchnarrow, (Knockandhu), Lettoch Page 254
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Moray Council Community Council Scheme 2025-2029 29 Appendix 2 – Model Constitution COMMUNITY COUNCIL CONSTITUTION 1. Name The name of the Community Council shall be …………………………..Community Council (referred to as “the Community Council” in this document). 2. Area of the Community Council The area of the Community Council shall be as shown on the map associated with, and described in, Moray Council’s Scheme for the Establishment of Community Councils (Scheme). 3. Objectives The objectives of the Community Council shall be: a. to ascertain, co-ordinate and inclusively reflect the views of the community which it represents, to liaise with other community groups within the area, and to fairly express the diversity of opinions and outlooks of the people; b. to express the views of the community to Moray Council for the area to public authorities and other organisations; c. to take such action in the interests of the community as appears to it to be desirable and practicable; d. to promote the well-being of the community and to foster community spirit; e. to be a means whereby the people of the area shall be able to voice their opinions on any matter affecting their lives, their welfare, their environment, its development and amenity. Page 255
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Moray Council Community Council Scheme 2025-2029 30 4. Role and Responsibilities In the discharge of their functions and the conduct of their business, the Community Council and its membership shall have regard to their role and responsibilities as set out in Section 4 of the Scheme for the Establishment of Community Councils, approved by Moray Council and in the Community Council members’ Code of Conduct (Appendix 4 of the Scheme). 5. Membership The Community Council’s membership is as governed by Section 6 of the Scheme and as determined from time to time by Moray Council. 6. Method of Election Election procedures shall be governed by the method of election laid down in Section 8 of the Scheme. 7. Resignations a. Resignations of members must be submitted in writing by hard copy or by electronic means to the Chairperson, stating the effective date of resignation. This is not permitted to be retrospective. b. If the Chairperson resigns then he/ she should notify the Vice-Chairperson and Secretary in the same manner. c. Any notification of resignation received should be acknowledged by the recipient within 7 days or at the next scheduled Community Council meeting whichever is soonest. d. If a resignation is made during the course of a Community Council meeting and no written resignation is then submitted, if the resignation has been witnessed by the remainder of the Community Council members present at the meeting, then once formally minuted the resignation will stand. Page 256
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Moray Council Community Council Scheme 2025-2029 31 e. A notice of resignation may be withdrawn before the next scheduled meeting of the Community Council before it is formally minuted. f. A resignation is final once noted and minuted during the course of business at a meeting of the Community Council. g. If the member resigning is appointed as Treasurer, all accounts, financial documents and records, whether electronic or in hard copy, held by them on behalf of the Community Council, shall be passed by the resigning member to the nominated person appointed by the Community Council within 7 working days of the effective date of resignation of the Treasurer. h. If the member resigning is appointed as Secretary or Minute Secretary, all documents, data and records, whether electronic or in hard copy, held by them on behalf of the Community Council, shall be passed by the resigning member to the nominated person appointed by the Community Council within 7 working days of the effective date of resignation of the Treasurer. 8. Casual Vacancies on the Community Council a. Where a vacancy arises which does not result in the number of Community Council members falling below the minimum number as specified in the Scheme (Appendix 1), and at least 6 months has passed since the last election, the Community Council may, if it considers it to be desirable, agree to:- i. the filling of a vacancy by co-option with voting rights to a maximum of one third of the total membership of the community council as governed by Section of the Scheme. ii. the vacancy to be left unfilled until local public interest is expressed or until the next set of regular elections. b. Where a vacancy arises which does result in the number of Community Council members falling below the minimum number as specified in the Scheme (Appendix 1), Moray Council shall be informed. 9. Voting Rights of Members of the Community Council Page 257
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Moray Council Community Council Scheme 2025-2029 32 a. The right to vote at any meeting of the Community Council or any committee thereof, shall be held by all Community Council members whether elected or co-opted, but not by Associate Members appointed for specific issues on a temporary basis, or ex-officio members. b. With the exception of circumstances which may arise under the Scheme: Section 9.2– Community Council Elections [Co-option]; and Standing Orders: Clause 8 – Alterations to the Constitution and its Clause 18 – Dissolution, all decisions of the Community Council will be decided by a simple majority of those eligible to vote and present and voting. c. In the event of a vote of the Community Council members that results in a majority not being achieved, the chairperson shall have a casting vote. 10. Election of Office-Bearers a. At the first meeting of the Community Council after elections in the year the Community Council shall appoint a Chair, Secretary, Treasurer and other such office-bearers as it shall from time to time decide. b. All office-bearers shall be elected for four years unless otherwise determined and recorded by the Community Council c. Community councils are required to notify the Council within 10 working days of all Office Bearer appointments and/or resignations. The following information must be provided: i. Position of office bearer ii. Forename and surname of office bearer iii. Home address, including postcode, of office bearer iv. Email address for office bearer (this will be publicly displayed on the Council’s website). It is recommended that a generic email address is provide rather than a personal email address. d. Without the express approval of Moray Council, no one member shall hold more than one of the following offices at any one time: Chairperson, Secretary or Treasurer. Page 258
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Moray Council Community Council Scheme 2025-2029 33 11. Committees of the Community Council The Community Council may appoint representatives to committees of the Community Council and shall determine their composition, terms of reference, duration, duties and powers. 12. Meetings of the Community Council a. The quorum for Community Council meetings shall be at least one third of the actual eligible voting membership, or 3 eligible voting members, whichever is the greater. b. Once in each year the Community Council may convene an Annual General Meeting (AGM) for the purpose of receiving and considering the Chairperson’s annual report on the Community Council, the submission and approval of the independently examined annual statement of accounts and the appointment of office bearers. c. Excluding the AGM, if held, the Community Council shall meet not less than 6 times throughout the year. d. Dates, times and venues of regular meetings of the Community Council shall be fixed at the first meeting of the Community Council following ordinary elections and thereafter at its AGM or once a year. Special meetings shall require at least 7 days public notice, either called by the Chairperson, or on the request of not less than one-half of the total number of Community Council members. An authorised or nominated officer of the Moray Council has the discretion to call a meeting of the Community Council. e. If national or local restrictions determine otherwise that meetings should be held remotely by a method determined by the Community Council, then the Community Council shall follow operational guidance on procedures on remote meetings as issued and reviewed from time to time by the Moray Council. f. Copies of all minutes of meetings of the Community Council and of committees thereof shall be approved at the next prescribed meeting of the Community Council, but the draft minute shall be circulated within 30 days from the date of that meeting and ratified minutes within 14 days of approval, to Community Council members, other appropriate parties and the nominated officer of Moray Council. Page 259
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Moray Council Community Council Scheme 2025-2029 34 g. The Community Council shall abide by its Standing Orders for the proper conduct of its meetings. h. The Community Council has a duty to be responsive to the community it represents. Should the Community Council receive a written request (petition), signed by at least 20 persons resident within the Community Council area to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting within 14 days of receipt of such a request and advertise it in the manner prescribed locally for special meetings called by the Community Council. i. The Community Council can meet to discuss items of business in private but only where it considers it appropriate to do so. The decision to meet in private will be agreed in advance and decided by a majority vote. Notice of such a meeting will be given to the public in the usual way. However, the Notice will record that the meeting, or a part thereof, shall be held in private. 13. Public Participation in the Work of the Community Council a. All meetings of the Community Council and its committees (subject to 12(h), above) shall be open to members of the public. Proper provision is to be made for the accommodation of members of the public and the opportunity should be afforded at each meeting to permit members of the public to address the Community Council, under the guidance of the Chairperson. b. Notices calling meetings of the Community Council and its committees shall be posted prominently within the Community Council area for a minimum period of 7 days before the date of any such meeting, and, where possible, be advertised by other suitable means. 14. Information to Moray Council a. Moray Council’s Liaison Officer shall be sent an annual calendar of the Community Council’s prescribed meeting dates, times and venues, which should be agreed at a Community Council’s AGM/ordinary meeting, minutes of all meetings, the annual report, the annual financial statement, information about changes to membership and co-options and any other such suitable information, as may from time to time be agreed between the Community Council and Moray Council. Page 260
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Moray Council Community Council Scheme 2025-2029 35 b. When special meetings of the Community Council are to be held, the Moray Council’s Liaison Officer should be advised of the date, time venue and subject(s) of debate of such meetings, at least 7 days in advance of the meeting date. 15. Control of Finance a. All monies raised by or on behalf of the Community Council or provided by Moray Council and other sources shall be applied to further the objectives of the Community Council and for no other purpose. The monies provided by Moray Council in the administrative grant for administrative and other approved purposes shall be used only as prescribed in section 15.5.3 of the Scheme. Monies raised from other sources may be used in accordance with the terms of this provision (so long as they are consistent with the objectives of the Community Council), or in the absence of such terms, for the furtherance of the objectives of the Community Council. b. The treasurer shall undertake to keep proper accounts of the finances of the Community Council. c. Any two of three authorised signatories, who would normally be office-bearers of the Community Council, may sign cheques on behalf of the Community Council. Authorised signatories may not be co-habitees. d. A statement of accounts for the last financial year, independently examined by a least one examiner appointed by the Community Council, whom are not members of this Community Council, shall be submitted to an AGM (if held)/Ordinary meeting of the Community Council and shall be available for inspection at a convenient location. e. The financial year of the Community Council shall be from October to September the succeeding year. Examined accounts as received and approved by the Community Council at an ordinary meeting or at the AGM (if held) shall be submitted to Moray Council following approval at a meeting of the Community Council. 16. Complaints In the event of a complaint being received about the Community Council or one or more of its members, the Community Council will refer to the Community Council complaints procedure. Page 261
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Moray Council Community Council Scheme 2025-2029 36 17. Title to Property a. The Community Council, may purchase lease, hire or otherwise lawfully acquire such property or other rights and privileges as may be necessary for the benefit of the community, and construct, maintain and alter the same. The title of all and any real property is to be vested in the Community Council Office bearers acting as trustees for the Community Council. The number of trustees shall not be less than two or more than four. Property and other assets belonging to the Community Council shall be vested in the Chair, Secretary and Treasurer of the Community Council and their successors in these respective offices. b. Before any of these actions are undertaken the Community Council must contact the nominated officer at Moray Council. c. In the event of the Community Council dissolving, all efforts should be made to transfer any properties to similarly minded local bodies with a charitable purpose. 18. Alterations to the Constitution a. Any proposal by the Community Council to alter this Constitution must be first considered by a meeting of the Community Council and the terms of the proposal to alter the Constitution shall be stated on the notice calling the meeting, which shall be issued not less than ten days prior to the meeting. Any proposed alterations may not prejudice the terms and objectives contained within the Scheme. b. If the proposal is supported by two-thirds of the total voting membership of the Community Council and is approved in writing by Moray Council, the alteration shall be deemed to have been duly authorised and can then come into effect on the date of approval by Moray Council. 19. Dissolution a. If the Community Council by a two-thirds majority of the total voting membership decides at any time that it is necessary or advisable to dissolve, it Page 262
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Moray Council Community Council Scheme 2025-2029 37 shall agree a date for a public meeting to be held to discuss the proposed resolution to voluntarily dissolve. i. It is a requirement that not less than ten days prior to the date of such meeting a public notice be given by means of notification in the local newspaper. ii. If the resolution is supported by a majority of those persons present and qualified to vote and is approved by Moray Council, the Community Council shall be deemed to be dissolved and all assets remaining, subject to the approval of Moray Council, after the satisfaction of any proper debts or liabilities shall transfer to Moray Council who shall hold the same in trust for a future Community Council representing that area or part of that area. b. In the event that the Community Council is dissolved under the above procedure, and twenty or more electors subsequently wish the reestablishment of a Community Council for the area, these electors shall submit a petition to Moray Council in accordance with Section 52(7) of the Local Government (Scotland) Act 1973, on receipt of which the Returning Officer may arrange for elections to be held in accordance with the Scheme. c. Where for any reason, the number of Community Council members falls below the minimum specified in the Appendix 1 of the Scheme Moray Council after providing support as detailed in section 6.6 onwards of the Scheme to the Community Council may, by suspending the Constitution of the Community Council, cause the Community Council to be dissolved and in this event, the procedures for the establishment of a new Community Council being those identified in the immediately preceding paragraph hereof, may be initiated in consultation with the Returning Officer. Page 263
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Moray Council Community Council Scheme 2025-2029 38 20. Approval and Adoption of the Constitution This Constitution was adopted by Community Council, on Signed Chairperson PRINT Date Signed Member PRINT Date Signed Member PRINT Date And was approved on behalf of the Moray Council on date Page 264
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Moray Council Community Council Scheme 2025-2029 39 Signed PRINT Position Section: Legal & Democratic Services Appendix 3 – Standing Orders 1. Meetings (all held in public) a. Ordinary meetings of the Community Council shall be held in the months of ____________________________________________ Special Meetings may be called at any time on the instructions of the Chairperson of the Community Council on the request of not less than onehalf of the total number of Community Council members; or the receipt of a common written request (petition), signed by at least 20 persons, resident within the Community Council area, to convene a special meeting for a particular matter or matters to be debated, it shall call such a meeting. A special meeting shall be held within 14 days of the receipt of the request made to the Secretary of the Community Council. b. The notice of ordinary meeting or Annual General Meeting (AGM) (if held) of the Community Council, featuring the date, time and venue, shall be provided to each Community Council member and the Moray Council’s Liaison Officer by the Secretary of the Community Council, at least 7 days before the date fixed for the meeting. c. If national or local restrictions determine otherwise that meetings shall be held remotely, by a method determined by the Community Council, then the Community Council shall follow operational guidance on procedures on remote meetings as issued and reviewed from time to time by the Council. Page 265
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Moray Council Community Council Scheme 2025-2029 40 2. Minutes Minutes of the proceedings of a meeting of the Community Council shall be drafted within 30 days from the date of that meeting, distributed in accordance with Section 4 of the Scheme of Community Councils and shall, following their approval, be signed at the next meeting of the Community Council by the person presiding thereat and retained for future reference. 3. Quorum A quorum shall be one third of the current voting membership of the Community Council, or 3 voting members, whichever is the greater. 4. Order of Business a) Ordinary Meeting The order of business at every ordinary meeting of the Community Council shall be as follows, unless otherwise determined during emergency or remote meetings as per issued guidance: - i. Recording of membership present and apologies received. ii. A Community Council member who is present at the meeting where any item of business in which he or she has any financial or other interest is to be dealt with, shall disclose their interest as soon as possible after the start of the meeting. iii. The minutes of the last meeting of the Community Council shall be submitted for approval. iv. Any other item of business, which the Chairperson has directed, should be considered. v. Any other competent business, including Treasurers report. vi. Questions from the floor. Page 266
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Moray Council Community Council Scheme 2025-2029 41 vii. Chairperson to declare date of next meeting and close meeting. b) Annual General Meeting (AGM) (if held) It will not be uncommon that the Community Council has arranged for an ordinary meeting of the Community Council to begin at the close of the AGM, to enable any outstanding reporting on business matters to be heard; and for Community Council members and members of the public to have an opportunity to bring matters to the attention of the Community Council, possibly for inclusion on a future agenda. The order of business at every AGM of the Community Council shall be as follows: - i. Recording of membership present and apologies received. ii. The minutes of the last Annual General Meeting of the Community Council shall be submitted for adoption. iii. Chairperson’s Annual Report (and questions from the floor). iv. Secretary’s Annual Report (and questions from the floor). v. Treasurer’s submission of Balance Sheet and Annual Accounts duly independently examined and certified correct (and questions from the floor). vi. Chairperson to declare date of next Annual General Meeting and close meeting. c) Extraordinary General Meeting The order of business at every extraordinary general meeting of the Community Council shall be as follows: - i. Recording of membership present and apologies received. Page 267
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Moray Council Community Council Scheme 2025-2029 42 ii. Business for debate, as described in the calling notice for the special meeting. iii. Chairperson to close meeting. 5. Order of Debate a. The Chairperson shall decide all questions of order, relevancy and competency arising at meetings of the Community Council and her/his ruling shall be final and shall not be open to discussion. In particular, the Chairperson shall determine the order, relevancy and competency of all questions from the public in attendance at meetings of the Community Council raised at 4, above. The Chairperson in determining the order, relevance and competency of business and questions shall have particular regard to the relevance of the issue to the community and ensure that the discussion and proceedings are conducted in such a manner that decisions are reached in a democratic manner. b. The Chairperson shall have the power, in the event of disorder arising at any meeting and with reference the Unacceptable Actions policy, if adopted by the COMMUNITY COUNCIL, to adjourn the Community Council meeting to a time he/she may then, or afterwards, fix. c. Every motion or amendment shall be moved and seconded. d. After a mover of a motion has been called on by the Chairperson to reply, no other members shall speak to the question. e. A motion or amendment once made and seconded shall not be withdrawn without the consent of the mover and seconder thereof. f. A motion or amendment which is contrary to a previous decision of the Community Council shall not be competent within six months of that decision. Page 268
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Moray Council Community Council Scheme 2025-2029 43 6. Voting a. Voting shall be taken by a show of hands of those present and eligible to vote, with the exception that, the election of office bearers may be held by secret ballot. b. The Chairperson of a meeting of the Community Council shall have a casting vote as well as a deliberative vote. c. Where votes take place during remote meetings, the Community Council shall follow guidance issued by Moray Council regarding operational procedures during remote meetings. 7. Obstructive and Offensive Conduct With reference to the Unacceptable Actions policy, if adopted by the Community Council, in the event of any member of the Community Council or member of public disregarding the authority of the Chairperson of the meeting, or conducting themselves in a disruptive, obstructive or offensive manner, a motion may be moved and seconded to remove the individual from the remainder of the meeting. Such a motion will be put to the meeting without discussion and if supported by a majority of members of the Community Council present and voting will be declared carried. The individual will be required by the Chairperson to leave the meeting immediately. 8. Alteration of Standing Orders A proposal to alter these Standing Orders may be proposed to Moray Council to be altered or added to at any time by the Community Council, provided that notice of motion to that effect is given at the meeting of the Community Council previous to that at which the motion is discussed. The Local Authority shall have final discretion on any proposed change. 9. Committees Page 269
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Moray Council Community Council Scheme 2025-2029 44 The Community Council may appoint such committees as it may from time to time decide and shall determine their composition, terms of reference, duration, duties and powers. 10. Suspension of Standing Orders These Standing Orders shall not be suspended except at a meeting at which three-quarters of the total number of Community Council members are present and then only if the mover states the object of his motion and if two-thirds of the Community Council members present consent to such suspension. Page 270
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Moray Council Community Council Scheme 2025-2029 • 45 Appendix 4 – Code of Conduct CODE OF CONDUCT FOR COMMUNITY COUNCIL MEMBERS This Code of Conduct is based on a similar Code of Conduct for Local Authority councillors and relevant public bodies as provided for in The Ethical Standards in Public Life etc. (Scotland) Act 2000. Community Council members, as elected representatives of their communities, have a responsibility to make sure that they are familiar with, and their actions comply with, the principles set out in this Code of Conduct. The Code of Conduct and its principles, shall apply to all Community Council members and those representing the Community Council. These principles are as follows: • Service to the Community (Public Service) • Selflessness • Integrity • Objectivity • Accountability and Stewardship • Openness • Honesty • Leadership • Respect When appointed to the Community Council, members formally agree to abide by the Code of Conduct. Service to the Community Page 271
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Moray Council Community Council Scheme 2025-2029 • 46 • As a Community Council member you have a duty to act in the interests of the local community, which you have been elected or nominated to represent. • You also have a duty to act in accordance with the remit of the Moray Council Scheme for the Establishment of Community Councils, as set out by Moray Council under the terms of the Local Government (Scotland) Act 1973. You have a duty to establish and reflect, through the Community Council, the views of the community as a whole, on any issue, irrespective of personal opinion. You should ensure that you are, within reason, accessible to your local community and local residents. Various mechanisms to allow the general community to express their views, i.e. email address, website, social media channels, suggestion boxes, community surveys and opinion polls should, where possible, be made available. • Selflessness • You have a duty to take decisions solely in terms of the interest of the community that you represent. • You must not use your position as a Community Council member to gain financial, material, political or other personal benefit for yourself, family or friends. Integrity • You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in your representation of your community. • If you have any private and/or personal interest in a matter to be considered by the Community Council, you have a duty to declare this and if deemed necessary by other members, withdraw from discussions and the decision making process with regard to that matter. • You should not accept gifts or hospitality that may be seen to influence or be intended to influence your opinion or judgement. The offer and/or receipt of any Page 272
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Moray Council Community Council Scheme 2025-2029 • 47 gifts, regardless of form, should always be reported to and noted by the Secretary of the Community Council. Objectivity • In all your decisions and opinions as a Community Council member, you must endeavour to represent the overall views of your community, taking account of information which is provided to you or is publicly available, assessing its merit and gathering information as appropriate, whilst laying aside personal opinions or preferences. • You may be appointed or nominated by your Community Council to serve as a member of another representative body. You should ensure that this Code of Conduct is observed when carrying out the duties of the other body. You are free to have political and/or religious affiliations; however you must ensure that you represent the interests of your community and Community Council and not the interests of a particular political party or other group. Accountability and Stewardship • You are accountable for the decisions and actions that you take on behalf of your community through the Community Council. • You must ensure that the Community Council uses its resources prudently and in accordance with the law. • Community Council members will individually and collectively ensure that the business of the Community Council is conducted according to the Scheme for the Establishment of Community Councils (Scheme) and this Code of Conduct. • Community Council members will individually and collectively ensure that annual accounts are produced showing the financial undertakings of the Community Council as set out in the Scheme for the Establishment of Community Councils. • They must also ensure that all resources are used efficiently, effectively and fairly and are used strictly for the purposes of Community Council business and for no other purpose. Page 273
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Moray Council Community Council Scheme 2025-2029 • 48 • Minutes of meetings recording all actions and decisions made should be produced and circulated to all members of the Community Council as soon as possible after each meeting. • Any breach of the Scheme as set out by the Moray Council under the terms of the Local Government (Scotland) Act 1973 may be reported via the Community Council complaints policy to determine what action, if necessary, should be taken. Openness • You have a duty to be open about your decisions, actions and representations, giving reasons for these where appropriate. • You should be able to justify your decisions and be confident that you have not been unduly influenced by the views and/or opinions of others. • If you have dealings with the media, members of the public, or others not directly involved in your Community Council, you should ensure that an explicit distinction is made between the expression of your personal views and opinions from any views or statement made about or on behalf of the Community Council. If you are present at a meeting where any item of business in which you have any financial or other interest is to be dealt with, you shall disclose your interest as soon as possible after the start of the meeting. Page 274
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Honesty • You have a duty to act honestly. • You also have an obligation to work within the law at all times. • You must declare any private interest relating to your Community Council duties and take steps to resolve any conflicts arising in a way that protects the interest of the community and the Community Council. Leadership • You have a duty to promote and support the principles of this Code of Conduct by leadership and example, to maintain and strengthen the community’s trust and confidence in the integrity of the Community Council and its members in representing the views and needs of the local area. • You must also promote social inclusion and challenge discrimination in any form. • You should act to assist the Community Council, as far as possible, in the interest of the whole community that it serves. • Where particular interest groups’ concerns are in conflict with those of other groups or other areas you should help to ensure that the Community Council is aware of them. Respect • You must respect fellow members of your Community Council and those that you represent, treating them with courtesy, respect and in a non-discriminatory manner at all times. This should extend to any person, or member of staff within any organisation or body regardless of their position that you may you have dealings with in your capacity as a Community Council member. • Recognition should be given to the contribution of everyone participating in the work of the Community Council. • You must comply with equal opportunities legislation including the Equality Act 2010, and ensure that equality of opportunity be given to every participant to have their knowledge, opinion, skill and experience taken into account. • You should ensure that confidential material, including details about individuals, is treated as such and that it is handled with dignity and discretion and is not used for personal, malicious or corrupt purposes and with regard to data protection policy and legislation. Page 275
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Appendix 2 Community Council Administration Grant: Community Council Admin Grant + per capita 2023/24 Admin grant Expenditure 2023/24 Expenditure on accommodation Travel expenses Honoraria Total remaining Buckie and District CC 1204.78 516.64 plus £1609.54 to set up a website met from reserves 195 None claimed None claimed this year. Being paid from 2024/25 £493.14 Burghead and Cummingston 649.86 110.00 16.50 None claimed None claimed £523.36 Cullen and Deskford 628.26 268.68 290 85.69 None claimed -£120.37 Dyke Landward 563.51 394.60 180 55.49 None claimed £168.91 Elgin (2022/23) 2322.07 1135.66 456 None claimed None claimed 730.41 Finderne 574.90 265.92 212.25 None claimed None claimed £96.73 Findhorn and Kinloss 736.86 581.45 196.45 140 £155.41 Findochty (2022/23) 585.16 70.08 90.00 (not billed for full year) None claimed 240.00 £185.08 Forres 1299.52 35.00 50.00 (also use Forres Community Centre) 143.29 700 £371.23 Heldon 783.55 70.00 950 -£236.45 Innes 892.52 371.52 plus £645 for new laptop 166 None claimed None claimed -£290.00 Page 276
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Keith 829.80 533 200 None claimed 600 -£503.20 Lennox (2022/23) 773.22 475.91 Meeting online 89.94 430 -£222.63 Lossiemouth 1093.20 550.80 250 None claimed 360 -£67.60 Portknockie 592.88 155.1 109 None claimed 330.00 -£1.22 Speyside 823.28 774.96 25.00 plus use Speyside High None claimed None claimed £23.32 Strathisla 730.84 329 Use Keith Community Centre None claimed None claimed £401.84 Page 277
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Appendix 3 INTEGRATED IMPACT ASSESSMENT COVERING • EQUALITIES & SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD DATE UPDATES/EXECUTIVE SUMMARY VERSION DETAILS Insert Date (e.g. 03/10/2023) Add brief notes/highlight which section amended (e.g. first draft of IIA completed and submitted to SFC 25/10/2023 for consideration; noting that further work on Stage 2 will be required). Insert (ShP) Version Info (when details have been agreed) (e.g. 5.0 03/10/2023 11:21 AMcL) 7.11.25 1st draft IIA to be presented at Full Council on 3.12.25 STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Is this a Mark X below New activity, programme or policy? Change to an existing activity, programme or policy? Budget proposal? X Does your proposal have a positive or negative impact on: No Maybe Yes Equalities - any protected equality group(s) X Any socio-economic disadvantaged individuals or groups – i.e. low / no income / wealth or deprivation X Human rights of people? X Rights of children and young people X Reasoning - Briefly describe your reasoning for the responses given above: Equalities - an increase in the admin grant provision for Community Councils might enable more individuals from certain protected groups, to be able to participate in Community Councils. Socio-economic - an increase in the Community Council admin grant could have a positive impact on those on lower incomes for the duration of the increased funding, as it would enable Community Councils to pay expenses to members to enable them to participate in Community Council work. Human rights - an increase in the admin grant could have a positive impact as it would enable more people to be involved in democratic organisations within Moray. Young people from the age of 16 can be members of Community Councils. An increase in admin grant budget could have a positive impact on younger ages being able to join. If you have answered “maybe” or “yes” to any of the Stage 1 questions above, then proceed to complete the Stage 2 Integrated Impact Assessment questions below. Page 278
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If you have answered “no” to the Stage 1 questions above, then provide the details below and submit to [email] Lead Officer for developing the contract Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) Date STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: Administration grant is paid by Moray Council to Community Councils to enable them to carry out their statutory functions. The areas that the administrative grant can be spent on are detailed in section 16 of the Scheme of Establishment of Community Councils. 2. Who are your main stakeholders? Community Councils and residents 3. What changes as a result of the proposals? Is the service reduced or removed? Increase in Community Council administration grant 4. How will this affect your customers? Additional funding would give Community Councils more ability to fulfil their statutory functionand the potential to engage underrepresented groups through improved outreach, accessibility, translation /interpretation services. 5. Impact on staff providing the service Possibly some impact on staff if all of the proposed suggestions are taken forward. Some ICT support to provide laptops and officer time to establish a trusted users scheme. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Potential negative impact - Current barriers for those whose first language is not English. Disability Potential negative impact – Current barriers around accessibility Carers (for elderly, disabled or minors) Potential negative impact – Current barriers for carers limiting ability to attend. Sex Potential negative impact – current barriers for women to attend due to lack of childcare/ accessibility Pregnancy and maternity (including breastfeeding) Potential negative impact – current barriers for women to attend Sexual orientation Age (include children, young people, midlife and older people) Potential negative impact – current barriers to attend re accessibility. Religion, and or belief Gender reassignment Inequalities arising from socio- economic differences Potential negative impact - Current barriers to attend due to financial hardship or funds for expenses. Human rights Page 279
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List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security Article 6: Right to a fair trial Article 8: Right to respect for private and family life, correspondence and the home Article 10: Freedom of expression Supports this right to express views Article 11: Freedom of assembly and association Reducing financial barriers to becoming a Community Councillor will strengthen this right. Article 12: Right to marry Article 14: Prohibition of discrimination (in relation to the convention rights) Supports this right through Community Councils having more ability to pay expenses and recompense Community Councillors for the cost of volunteering. Article 1 of Protocol 1: Protection of property Article 2 of Protocol 1: Right to education Article 3 of Protocol 1: Right to free elections by secret ballot Increasing democratic participation in Community Councils Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination Removing financial barriers to being a Community Councillor will be beneficial Article 3 – Best interest of the child Supports this right through inclusive participation and their voice being heard. Article 6 – Right to survival and development Article 12 – Respect of the views of the child Supports this right to be heard. Anyone on the electoral roll and over 16 can be a Community Councillor. An additional section regarding youth membership has been added to the Scheme. Article 15 – Freedom of Association Supports this right through improved support for participation. Article 23 – Children with a disability 7. Evidence. What information have you used to make your assessment? Performance data Internal consultation Equalities Officer Consultation with affected groups Community Councillors have discussed not being able to claim expenses due to lack of funding available. Local statistics Profile statistics about Community Councillors is not formally collected. National statistics Other 8. Evidence gaps Page 280
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Do you need additional information in order to complete the information in the previous questions? No 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain Increasing the administrative grant to Community Councils will mitigate current negative impacts of funding as outlined above. Mitigations that could be delivered through additional funding include: • Assisting with any potential translation / interpretation for those wishing to be involved • More accessible premises/methods of involvement i.e. ability to provide hybrid, online or outreach methods. • Increased capacity for Community Councils to be able to pay expenses to empower communities. This could include recompensing Community Councillors for costs to provide care, transport, outreach, etc whilst they attend Community Council business. Consideration around the duration of the funding would further impact these mitigations. Temporary funding would only provide short-term positive impacts. 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? Increased funding would help engage under-represented groups. Oversight of how this additional funding is used should ensure inclusive representation and engagement to ensure true representation across our communities. SECTION 3 CONCLUDING THE IIA 1. No potential negative impacts found for any protected groups. 2. Some potential positive impacts have been identified. The impacts relate to: ✓ Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 ✓ Promoting equality of opportunity ✓ Fostering good relations ✓ 3. The proposals interfere with human rights and/or the rights of the child 4. Negative impacts can be mitigated as outlined in Q9. ✓ 5. The negative impacts cannot be fully mitigated but are justified as Q10. 6. Further consultation with affected groups is needed. 7. It is advised not to go ahead with the proposals. Decision - Set out the rationale for deciding whether or not to proceed with the proposed actions: Page 281
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Date of Decision: Sign off and authorisation: Service Department Policy/activity subject to IIA We have completed the integrated impact assessment for this policy/activity. Name: Dawn Brodie Position: Community Learning & Engagement Manager Date: 7 November 2025 Authorisation by head of service Name: Kim Slater Position: Service Manager Leisure & Culture Date: 12/11/2025 Permission to publish on website - Page 282
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Alasdair McEachan Contact Email: alasdair.mceachan@moray.gov.uk Subject: Grampian Venture Capital Fund Limited 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to seek authority to progress the winding up the limited company Grampian Venture Capital Fund limited. 1.2 This matter would normally be reported to the Council’s Economic Development and Infrastructure Committee in terms of Section III F (4) (20) of the Council’s Scheme of Administration, however given time limitations for the recommendations it is being submitted to the Council. 2. SUMMARY 2.1 The Grampian Venture Capital Fund limited (GVCF) was a company set up by Moray District Council (MDC) to provide investment for growing local businesses. 2.2 Ownership of the fund lay jointly with MDC, Grampian Regional Council, Gordon Council and a number of private investors . 2.3 Since local authority re-organisation in 1996 the local authority shares in GVCF were split between the constituent authorities, Moray, Aberdeen City and Aberdeenshire. Moray Council nominates two Councillors to sit on the board of directors (the Board). 2.4 The Board have decided that it is in the best interests of the shareholders that the GVCF ltd is wound up. This requires approval of the shareholders including Moray Council. 3. RECOMMENDATIONS 3.1 It is recommended that Council agree: Item 16. Page 283
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i) As shareholder, to the members voluntary liquidation (winding up) of Grampian Venture Capital Funding limited under section 282 of the Companies Act 2006 and s 100 of the Insolvency Act 1986; (ii) That the Executive Director, Economy, Enterprise and Operations is authorised to sign (either in person or by proxy) any necessary resolution or documentation on behalf of the Council; and (iii) Agree that the receipt is a revenue receipt and is applied towards or to defray existing expenditure on economic development functions to be determined by the Economic Development and Infrastructure Services Committee. Alasdair McEachan Head of Governance (Monitoring Officer) 4. BACKGROUND AND CONTEXT 4.1 The Grampian Venture Capital Fund Ltd was established in 1988 by Moray District Council and it was then taken under the management of Grampian Regional Council (GRC). GRC and Gordon District Council both invested in the fund so now roughly 86% of the fund has been donated by Local Authorities. The remaining 14% was donated by North East companies, a private individual and an enterprise trust. 4.2 Further detail on the Company can be found on the Companies House Website. 4.3 Like most venture capital funds GVCF invests in growing companies by purchasing new equity capital on which there are no fixed dividends, or dividends at a lower rate compared with bank interest. A venture company’s reward lies in the growth of the company in which they invest. GVCF only invests in North East companies. 4.4 At the reorganisation of Local Authorities in 1996 the management of GVCF was returned to Moray Council and was carried out by Jim Johnston, the Economic Development Manager, who had previously managed the Fund for GRC. When Jim Johnston left Moray Council and went to work as Chief Executive of the Moray Chamber of Commerce he continued to administer the Fund and carried on administering the Fund when he retired from the Chamber of Commerce. He has been the company secretary since the Fund was formed in 1988 and he continues to manage GVCF. 4.5 In the late nineties, £85,000 was invested in the fund by the European Regional Development Fund (ERDF). Since then, the only investment in the fund has been through the return of funds when equity in a business has been sold. This is a revolving fund which has lasted longer than was expected when it was established in the 1980s. 4.6 At present the Council owns 93,000 out of a total of 455,000 fully paid up shares in GVCF. 4.7 The Council appoint 2 Councillors to the board of GVCF, these are currently Councillor Cowe and Councillor Warren. Page 284
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4.8 It became apparent in 2017 that, as the GVCF was not large enough to justify the management fees, the Fund would need to be wound up when the present investments were realised. 4.9 As these investments have now been realised the Directors have taken the decision to wind up GVCF, with each shareholder being entitled to the return of their investment. 5. PROPOSALS 5.1 It is proposed that the Council agree, as shareholder in GVCF, to the members voluntary liquidation (winding up) of the company. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population Page 285
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6.3 Policy and Legal The process for winding up is a members voluntary (solvent) liquidation under s 282 of the Companies Act 2006 and s 100 of the Insolvency Act 1986. 6.4 Financial It is likely that a revenue receipt of between £90,000 and £100,000 will be received by the Council. Given the original investment was intended for economic development the Council may wish to apply this receipt towards or defray existing spend on economic development. 6.5 Risk If GVCF is not wound up the Council’s shareholding becomes a depreciating asset. 6.6 Staffing None 6.7 Best Value and Transformation None 6.8 Property None 6.9 Information Communications/Technology/Digital None 6.10 Equalities, Social Inclusion and Economic Impact None 6.11 Climate Change and Biodiversity Impacts None 7. CONSULTATION 7.1 This report has been prepared in consultation with the Executive Director, Economy Environment and Operations, the Head of Growth Planning and Climate, the Chief Financial Officer, the Chair of Economic Development and Infrastructure and Service Manager Democratic Services and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 None Page 286
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Tracey Sutherland Contact Email: tracey.sutherland@moray.gov.uk Subject: Future Meeting Dates 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to approve a change to the schedule of meetings of Moray Council in January and February 2026. 1.2 This report is submitted to Council in terms of Section II (10) of the Council’s Scheme of Administration relating to changes in Committee structure, distribution of functions and responsibilities. 2. SUMMARY 2.1 This report seeks to amend the timing of the first Council meeting in January 2026 and to add a further Council meeting in February 2026 to give Officers more time to consider the implications of the Scottish Government budget. 3. RECOMMENDATIONS 3.1 It is recommended that Council agree to: i) re-schedule the meeting due to be held on 14 January 2026 to 28 January 2026; and ii) hold a special meeting at 9.30am on 25 February 2026 with the scheduled ordinary meeting to begin immediately following the special meeting or at 2pm, whichever is earliest, on the same day. Tracey Sutherland Service Manager Democratic Services Item 17. Page 287
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4. BACKGROUND AND CONTEXT 4.1 At the meeting of the Council on 25 June 2025, a new schedule of meeting was agreed. (para 19 of the minute refers). 4.2 In terms of Standing Order 82, the proposed changes are within 6 months of the previous decision so therefore a suspension of standing orders will be required to consider the report. 5. PROPOSALS 5.1 It is proposed to reschedule the meeting scheduled for 14 January 2026 to 28 January 2026 to give Officers more time to consider the implications of the Scottish Government budget announcement. 5.2 It is requested that a Special meeting of the Council be held at 9.30am on 26 February 2026 with the scheduled ordinary meeting being held immediately following the special meeting or at 2.00pm, whichever is the earliest. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. Page 288
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b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal None 6.4 Financial None 6.5 Risk None 6.6 Staffing None 6.7 Best Value and Transformation None 6.8 Property None 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact None 6.11 Climate Change and Biodiversity Impacts None 7. CONSULTATION 7.1 This report has been prepared in consultation with the Corporate Leadership Team, Chief Financial Officer and the Chief Governance Officer (Monitoring Officer) and any comments made have been incorporated into the report 8. BACKGROUND PAPERS 8.1 None Page 289
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Tracey Sutherland Contact Email: tracey.sutherland@moray.gov.uk Subject: Scheme of Delegation Update 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and approve the updated Scheme of Delegation following the management restructure. 1.2 This report is submitted to Council in terms of Section II (15) of the Council’s Scheme of Administration relating to the formulation, review and amendment of the Scheme of Delegation. 2. SUMMARY 2.1 This report provides an update to the Scheme of Delegation following the Council re- structure which came into effect on 1 September 2025. 3. RECOMMENDATIONS 3.1 It is recommended that Council consider and approve the changes to the Scheme of Delegation following the Council re-structure. Tracey Sutherland Service Manager Democratic Services 4. BACKGROUND AND CONTEXT 4.1 A report to the meeting of Moray Council on 24 September 2025 agreed to interim arrangements for delegation to Officers under the Council’s Scheme of Delegation (para 15 of the minute refers). 4.2 This was to allow time for Officers to update the Scheme of Delegation to reflect the new structure and to bring a revised document back to this meeting. Item 18. Page 291
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5. PROPOSALS 5.1 The Scheme of Delegation has been updated to reflect the changes in job titles and services moving within the Executive Director remits. 5.2 Where there continues to be a recruitment gap in the new management structure the Chief Executive shall be authorised to temporarily assign the delegation to the most appropriate post holder within the revised management structure, keeping a record of such assignations. 5.3 All job titles have been updated. Any changes other than a straightforward change in the job title have been marked in red. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population Page 292
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6.3 Policy and Legal The Council must ensure that Officers act with appropriate delegated powers. The recommendations within this report ensure that appropriate interim arrangements are put in place to enable lawful exercise of powers. 6.4 Financial No direct financial implications. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk There is a risk, if recommendations are not approved, of a challenge to the exercise of a delegated power by an officer. 6.6 Staffing No direct implications. 6.7 Best Value and Transformation No direct implications. 6.8 Property No direct implications. 6.9 Information Communications/Technology/Digital No direct implications. 6.10 Equalities, Social Inclusion and Economic Impact No direct implications. 6.11 Climate Change and Biodiversity Impacts No direct implications. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Corporate Leadership Team, Heads Page 293
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of Service and Chief Governance Officer and any comments made have been incorporated into the report 8. BACKGROUND PAPERS 8.1 Current Scheme of Delegation Page 294
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Approved by Moray Council on 25 June 2025 Review due: December 2025 Responsible Officer: Chief Governance Officer MORAY COUNCIL CONSTITUTIONAL DOCUMENTS 3. SCHEME OF DELEGATION Detailing the powers delegated to Council officers [under Section 50G of the Local Government (Scotland) Act 1973] Page 295
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2 Contents 1. GENERAL TERMS .......................................................................................................................................... 4 2. GENERAL DELEGATIONS TO CHIEF EXECUTIVE AND EXECUTIVE DIRECTORS – CORPORATE LEADERSHIP TEAM (CLT) ............................................................................................................................. 7 3. PROPER OFFICERS AND STATUTORY APPOINTEES.................................................................................. 8 4. SCHEME OF DELEGATION TO OFFICERS (PARTICULAR DELEGATIONS) ............................................. 16 5. CHIEF EXECUTIVE ...................................................................................................................................... 16 6. EXECUTIVE DIRECTOR EDUCATION, HOUSING AND COMMUNITIES .................................................. 18 Executive Director Education, Housing and Communities ......................................................................... 18 7. EDUCATION ................................................................................................................................................ 19 8. EDUCATION RESOURCES AND COMMUNITIES ...................................................................................... 20 9. HOUSING AND PROPERTY SERVICES .............................................................................................. 222221 STRATEGY/POLICY .............................................................................................................................. 222221 ENABLING ............................................................................................................................................ 232322 PRIVATE SECTOR IMPROVEMENTS/REPAIRS ........................................................................................... 23 ALLOCATIONS ..................................................................................................................................... 242423 HOUSING NEEDS AND RESETTLEMENT ................................................................................................... 24 TENANCY/ESTATE MANAGEMENT .................................................................................................... 252524 REPAIRS/IMPROVEMENTS ................................................................................................................. 262625 GYPSY/TRAVELLER COMMUNITIES AND WITH WHOM NEEDS SETTLED .............................................. 26 BUDGETARY ........................................................................................................................................ 272726 PERFORMANCE .......................................................................................................................................... 27 DESIGN AND PROPERTY RESOURCES ............................................................................................. 282827 BENEFITS ..................................................................................................................................................... 29 10. EXECUTIVE DIRECTOR ECONOMY, ENTERPRISE AND OPERATIONS ................................................... 30 11. OPERATIONS AND ENVIRONMENT .......................................................................................................... 30 ROADS ......................................................................................................................................................... 30 CAR PARKS .......................................................................................................................................... 323231 HARBOURS AND COASTLINE .................................................................................................................... 32 FLOODING AND RESERVOIRS ................................................................................................................... 32 TRANSPORT ................................................................................................................................................. 32 FLEET SERVICES ......................................................................................................................................... 33 CEMETERIES, LANDS AND PARKS ............................................................................................................. 33 WASTE COLLECTION AND DISPOSAL............................................................................................... 343433 BUILDING CLEANING AND CATERING SERVICES ................................................................................... 34 EMERGENCY PLANNING ............................................................................................................................ 34 GENERAL ..................................................................................................................................................... 34 12. GOVERNANCE ............................................................................................................................................ 35 LEGAL SERVICES ........................................................................................................................................ 35 LICENSING .................................................................................................................................................. 37 Page 296
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3 INFORMATION MANAGEMENT .......................................................................................................... 404039 CURATORS AD LITEM ................................................................................................................................. 40 13. GROWTH, PLANNING AND CLIMATE ............................................................................................... 414140 BUILDING STANDARDS ...................................................................................................................... 414140 ENVIRONMENTAL HEALTH ........................................................................................................................ 41 TRADING STANDARDS ............................................................................................................................... 42 ECONOMIC GROWTH AND DEVELOPMENT SERVICES .......................................................................... 44 DEVELOPMENT MANAGEMENT AND STRATEGIC PLANNING AND DEVELOPMENT ............................ 45 STRATEGIC PLANNING AND DEVELOPMENT AND ECONOMIC GROWTH AND REGENERATION ...... 49 14. EXECUTIVE DIRECTOR FINANCE, STRATEGY AND TRANSFORMATION ............................................... 50 15. FINANCE ............................................................................................................................................. 515150 EQUALITIES ......................................................................................................................................... 535352 16. HUMAN RESOURCES (HR) INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) AND ORGANISATIONAL DEVELOPMENT .......................................................................................................... 53 17. CHIEF OFFICER TO THE MORAY INTEGRATION JOINT BOARD ...................................................... 585857 CHIEF SOCIAL WORK OFFICER ......................................................................................................... 585857 SOCIAL CARE SERVICES .................................................................................................................... 595958 CHILDREN’S SERVICES ...................................................................................................................... 646462 APPENDIX 1 ................................................................................................................................................. 737369 APPENDIX 2 ................................................................................................................................................. 777771 Page 297
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4 1. GENERAL TERMS (1) DEFINITIONS The powers specified in this Scheme of Delegation are delegated to officers of the Council. Except where prohibited by law or otherwise prohibited by the Council, an officer to whom delegated powers have been granted may make such arrangements within his/her Department for the exercise of the delegated powers as he/she considers appropriate, save that the responsibility for such exercise remains with the Chief Executive/Executive Director/Head of Service . Such delegations are in addition to the normally accepted powers of a Chief Executive/Executive Director or Head of Service to deal with routine matters within the scope of their departmental responsibilities. The Chief Executive may authorise temporary substitutions for delegations as they deem necessary to cover for absence, vacant or unfilled posts. A written record of any such substitute delegations shall be kept. If he/she deems it appropriate any Chief Executive/Executive Director/Head of Service may refer the delegated matter to the Council or the appropriate Committee rather than exercise the delegation him/herself. (2) For current purposes “CLT” shall mean the Chief Executive, Executive Director Finance, Strategy and Transformation, Executive Director Education, Housing and Communities, Executive Director Economy, Enterprise and Operations and Chief Officer Moray Integration Joint Board. (3) References in this scheme to authorisation to CLT or Head of Service to grant, approve or issue shall be taken to include authority also to refuse or to grant, approve or issue subject to conditions. (4) Any reference in this Scheme to legislation including delegated or subordinate legislation should be taken as including any amendments, replacements and re-enactments of such legislation currently in force. (5) The Scheme of Delegation is maintained for the purposes of Section 50G of the Local Government (Scotland) Act 1973. SAFEGUARDS (6) The delegation granted in this Scheme to Officers of the Council shall be exercised: (a) in conjunction with the Council’s other constitutional documents including the following: ❑ Access to Information/Publication Scheme ❑ Scheme of Administration ❑ Code of Corporate Governance ❑ Complaints Procedure ❑ Councillor’s Code of Conduct Page 298
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5 ❑ Employees Code of Conduct ❑ Financial Regulations ❑ Members’ Allowances and Expenses Scheme ❑ Protocol on Consultation and Access to Information ❑ Standing Orders (b) on the basis that the exercise of the delegated power will not result in actual expenditure exceeding that set out in the relevant part of the budget to the extent that this could not be contained by the relevant Officer viring in accordance with the Financial Regulations; (c) on the basis that the exercise of the delegated power will not result in actual income falling below that set out in the relevant part of the budget to the extent that this could not be contained by the relevant Officer viring in accordance with the Financial Regulations. (d) on the basis that the exercise of the delegated power will not result in expenditure exceeding that set out in the relevant part of the Capital Programme for the financial year in question; (e) subject to the member of the public or, in the case of employment matters, employee being notified in writing of any rights of appeal; (f) only in respect of items which are not controversial, sensitive or complex and where the matter appears to be one which is controversial, sensitive or complex, the Officer shall, prior to the decision or action being taken, consult the Chief Executive and in addition Chief Governance Officer/Executive Director Finance, Strategy and Transformation as appropriate. (See 5.10). (g) consistent with the Council’s procedures, policies, corporate standards and strategies; (h) consistent with any qualifications required to exercise the delegation; (i) consistent with agreed service objectives; (j) where material and substantive changes are to be made to a project, the Officer shall, prior to the decision or action being taken, consult the Chief Executive and in addition the Governance Officer/ Executive Director Finance, Strategy and Transformation as appropriate; (k) Subject to the Health and Social Care Integration Scheme for Moray. (7) In the context of this Scheme, delegation shall extend to include homologation of action taken. Page 299
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6 (8) In the context of this Scheme, power to serve a Notice or other proceedings shall also include power to enforce that Notice or those proceedings. WARD MEMBERS (9) In using the authority delegated to them, Officers must consult all Ward Members if they consider that a proposed decision or action is of a non-routine nature and is likely to significantly and directly affect the Ward interests of Ward Members. This does not apply to proposed decisions or actions that have a general effect throughout the area, or are of a routine nature covered by this Scheme of Delegation. (10) To assist Councillors and Officers of the Council in relation to a Councillor’s representative role, the Council has agreed Guidance on Councillor Officer relations. INTERPRETING POLICY (11) If there is a question on whether a decision taken by or action authorised by a Committee, Sub-Committee or Executive Director sets up or alters Council policy on any matter, this will be decided by the Chief Executive in consultation with the Council Leader (or Depute Leader if the Leader is absent). CONFLICT OF INTEREST (12) If a Member of the Council or an employee applies for a Council service, except for services available to the general public for a set fee, the Officer who is delegated to decide on the application must first consult the Head of the relevant service. If considered necessary, the application will be referred to the Chief Executive or the relevant Committee for a decision. DISPUTES (13) The Chief Executive, in consultation with the Council Leader (Depute Leader if the Leader is absent), will decide all disputes on whether an issue is delegated to a particular Committee or officer. Page 300
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Approved by Moray Council on 25 June 2025 Review due: December 2025 Responsible Officer: Chief Governance Officer 2. GENERAL DELEGATIONS TO CHIEF EXECUTIVE AND EXECUTIVE DIRECTORS – CORPORATE LEADERSHIP TEAM (CLT) APPOINTMENTS (1) Appointing employees within the parameters set out in the Scheme of Administration the Financial Regulations, and the Recruitment and Selection of Senior Staff Procedure. ACTING CHIEF OFFICER APPOINTMENTS (2) The Chief Executive, in consultation with the Council Leader (or Depute Leader if the Leader is absent), can appoint an acting Executive Director from the staff of the Council when an Executive Director is absent for a significant period or the post is vacant. Executive Director, in consultation with the Council Leader, can appoint an acting Head of Service or other Manager from the staff of the Council when a member of staff is absent for a significant period or the post is vacant. CLT EXERCISING POWERS OF THE CHIEF EXECUTIVE (3) Executive Director shall have the authority to exercise the powers of the Chief Executive contained within Section 5 below in situations of urgency when the Chief Executive is unavailable CLT EXERCISING THE POWERS OF EACH OTHER (4) The Chief Executive shall have the authority to exercise the powers of an Executive Director and the Executive Director shall have the authority to exercise the powers of each other in situations of urgency when the nominated Executive Director (in terms of the delegations below) is unavailable. Any use of this authority shall be reported to the next scheduled meeting of CLT. DISCIPLINE AND GRIEVANCE (5) Conducting disciplinary and grievance proceedings for employees under the Council’s approved procedures. PRESS RELEASES (6) To issue press releases on behalf of the Council, in accordance with established procedures. ACCESS TO INFORMATION (7) To comply with the Access to Information Act 1985 (Section 50A of the Local Government (Scotland) Act 1973). Page 301
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8 SUPPLY AND PROVISION OF GOODS AND SERVICES (8) To enter into agreements for the purchase, supply and storage of any goods, materials, administrative, professional or technical services; the use of any vehicle, plant or apparatus; the carrying out of works or maintenance in connection with land or buildings in accordance with the Local Authorities (Goods and Services) Act 1970 and the Public Bodies (Joint Working) (Scotland) Act 2014. PARTICIPATION REQUESTS (9) Corporate Leadership Team to consider and respond to participation requests. USE OF COAT OF ARMS (10) Chief Executive, in consultation with Civic Leader and Political Group Leaders, to consider requests for the use of the Council’s Coat of Arms. 3. PROPER OFFICERS AND STATUTORY APPOINTEES PROPER OFFICERS (1) The undernoted officers are appointed to act as Proper Officer or by virtue of statutory requirement for the following purposes. (a) Local Government (Scotland) Act 1973 (i) Section 33A – Councillors’ declaration of acceptance of office: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (ii) Section 34 – Receipt of Councillors’ resignations: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (iii) Section 40 – Receipt of general notices from Councillors in respect of pecuniary interests and for recording of Councillors’ disclosures of pecuniary interests: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer Page 302
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9 (iv) Section 43 and Schedule 7 paragraph 1(4) – Receipt of requisition for special Council meeting: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (v) Section 43 and Schedule 7 paragraph 2(1) – Signing summons to Council meeting: • Chief Executive or relevant, Executive Director • Chief Governance Officer • Services Manager Legal Services (in the absence of the Chief Governance Officer) (vi) Section 43 and Schedule 7 paragraph 2(2) – Receipt of notice by Councillor of alternative address: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (vii) Section 50B – Excluding reports containing exempt information from public, and providing documents to the press: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer • Services Manager Legal Services (in the absence of the Chief Governance Officer) (viii) Section 50C – Providing written summary where minutes are excluded from public: • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (ix) Section 50D – Compiling a list of background papers to a report: • Chief Executive/Executive Director with responsibility for the relevant function to which the report relates • Head of Service with responsibility for the relevant function to which the report relates (x) Section 50F – determining documents which are not open to inspection: Page 303
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10 • Chief Executive • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (xi) Section 92 – Dealing with the transfer of securities: • Chief Executive • Executive Director Finance, Strategy and Transformation (s95 Officer) • Chief Financial Officer (xii) Section 95 – Administration of the Council’s financial affairs: • Executive Director Finance, Strategy and Transformation (s95 Officer) in whose absence the Depute s95 Officer shall deputise. (xiii) Section 145 – Ordnance Survey applications: • Executive Director Education, Housing and Communities • Head of Housing, Property and Communities (xiv) Section 189 – Instituting legal proceedings: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer • Service Manager Legal Services (xv) Section 190 – Service of legal proceedings, notices on the Council: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer • Service Manager Legal Services (in the absence of the Chief Governance Officer) (xvi) Section 191 – Signing any claim on behalf of the Council in any sequestration, liquidation and other such proceedings in which the Council is entitled to make a claim: • Chief Governance Officer • Service Manager Legal Services (xvii) Section 193 – Signing notices, orders, etc: • Executive Director with responsibility for the relevant function to which the notice, order etc relates Page 304
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11 • Head of Service with responsibility for the relevant function to which the notice, order etc relates (xviii) Section 194 - Execution of all deeds and other documents which require to be sealed with the Council’s common seal (other than stock certificates, bonds and mortgages): • Chief Executive • All Executive Directors • Chief Governance Officer • Service Manager Legal Services • Legal Services officers expressly authorised by the Council to sign that category of document • Chief Financial Officer for mortgages, bonds and other financial documents or instruments that transfer any of these or instruments which put into effect the power of investment and borrowing delegated to this officer by the Financial Regulations (xix) Section 197 – Inspection and deposit of documents: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (xx) Section 202 – Authenticating byelaws: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (xxi) Section 202B – Certifying entry in register of byelaws: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (xxii) Section 204 – Providing certificate as evidence of byelaws: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (xxiii) Section 206 – Maintain a roll containing names of persons who have Freedom of Moray status • Chief Governance Officer • Service Manager Democratic Services (xxiv) Section 231 – Making application to the sheriff on questions arising from the Local government (Scotland) Act 1973: Page 305
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12 • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (b) Civic Government (Scotland) Act 1982 (i) Section 113 – Evidence of management rules: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (c) Local Government and Housing Act 1989 (i) Section 2 – Lists of politically restricted posts: • Executive Director Finance, Strategy and Transformation • Head of Community Strategy, People and Change (ii) Section 19 - Receipt of notices of Councillors’ interests and maintenance of records: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (d) Local Government (Scotland) Acts 1973 and 1975, Abolition of Domestic Rates etc (Scotland) Act 1987, Local Government Finance Act 1992 and associated delegated legislation (i) All administrative functions, including preparation of the Assessment Roll, preparation and issue of rates notices, collection of rates, receiving and settling claims for exemption from rates, handling objections to rates levels and the abatement, remission or repayment of rates under the relevant rating provisions: • Executive Director Finance Strategy and Transformation • Chief Financial Officer (e) Local Government Finance Act 1992 and associated delegated legislation (i) All administrative functions, including preparation and issue of council tax notices, collection of council tax, handling of objections to assessments and the exemption, abatement or remission of charges: • Executive Director Finance, Strategy and Transformation • Chief Financial Officer Page 306
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13 (f) Local Government etc (Scotland) Act 1994 (i) Section 16 – Property held in trust: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer • Chief Financial Officer (g) Requirements of Writing (Scotland) Act 1995 (i) Schedule 2, paragraph 4(1) – Signing of documents: • Chief Executive • All Executive Directors • Chief Governance Officer • Service Manager Legal Services • Legal Services officers expressly authorised by the Council to sign that category of document (h) Local Authorities (Contracts) (Scotland) Regulations 1997 (i) Regulation 4 – Certification purposes: • Executive Director Finance, Strategy and Transformation • Chief Governance Officer • Chief Financial Officer • Service Manager Legal Services • Relevant Authorised Procurers (i) Ethical Standards in Public Life etc (Scotland) Act 2000 (Register of Interests) Regulations 2003 (i) Regulation 3 – Setting up, maintaining and making available for public inspection the register of interests: • Executive Director Economy, Enterprise and Operations • Chief Governance Officer (j) Scottish Local Government Elections Order 2011 (i) Schedule 1, Rule 60 – Receipt of documents following an election: • Chief Executive • Chief Governance Officer Page 307
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14 (k) The Cairngorms National Park (Scotland) Order 2003 (i) Rule 49 – Retention of Documents for public inspection: • Chief Executive (l) Local Authority Accounts (Scotland) Regulations 2014 and the Global Internal Audit Standards (i) Service Manager Internal Audit and Risk to act as the chief audit executive for the delivery of internal audit services. In terms of these standards, any changes to the tenure of this post shall require, in addition to any Corporate staffing policies, the approval of the Audit and Scrutiny Committee. STATUTORY APPOINTEES (2) The following appointments are made in terms of the undernoted legislation: (a) Social Work (Scotland) Act 1968 as amended (i) Section 3 – Chief Social Work Officer: Head of Service (MIJB) (b) Representation of the People Act 1983 (i) Section 41 – Returning Officer: • Chief Executive (c) Weights and Measures Act 1985 (i) Section 72(1)(a) – Chief Inspector of Weights and Measures: • Service Manager Community Protection (d) Local Government and Housing Act 1989 (i) Section 4 – Head of Paid Service: • Chief Executive (ii) Section 5 – Monitoring Officer: • Chief Governance Officer Page 308
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15 (e) Environmental Protection Act 1990 (i) Section 149(1) – Officer appointed for the purposes of discharging the functions imposed or conferred on the Council for dealing with stray dogs in its area: • Service Manager Community Protection (f) Regulation of Investigatory Powers (Scotland) Act 2000 (i) Sections 6 and 7 – Authorising Officers: • Chief Executive (where required by statute) • Executive Director Economy, Enterprise and Operations • Head of Growth, Planning and Climate • Service Manager Community Protection Senior Responsible Officer – Service Manager Planning and Building StandardsExecutive Director Economy, Enterprise and Operations (g) Licensing (Scotland) Act 2005 (i) Schedule 1, Paragraph 8 – Clerk of the Licensing Board: • Chief Governance Officer (h) Valuation Joint Boards (Scotland) Act 1995 (i) Schedule 2, Section 4 - To act as the Treasurer of Grampian Valuation Board: • Chief Financial OfficerExecutive Director Finance, Strategy and Transformation (s95 Officer) (i) Local Authority Accounts (Scotland) Regulations 2014 and the framework “Global Internal Audit Standards in the Public Sector” (i) The Service Manager Internal Audit and Risk shall resume responsibilities set out in the standards of “Chief Audit Executive” (j) Section 1A town and Country Planning (Scotland) Act 1997 (i) Introduction of a Chief Planning Officer – Head of Growth, Planning and Climate (k) Local Authority Accounts (Scotland) Regulations 2014 (para 7) Page 309
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16 (i) The Service Manager Internal Audit and Risk shall assume the role of the independent Chief Audit Executive in terms of Public Sector Internal Audit Standards with unrestricted access to the central leadership team and Council. (3) The Chief Executive shall act as the Council’s Returning Officer in terms of the Representation of the People Act 1983 and is authorised to: • Liaise with the Electoral Commission and undertake the administration required for elections; • Appoint Depute Returning Officers as required; • Determine the fees paid to staff undertaking the duties at elections where such fees are not centrally prescribed; • Appoint staff to assist with the running of the elections from amongst the officers of the Council; and Undertake all administration required in connection with the running of the elections process. 4. SCHEME OF DELEGATION TO OFFICERS (PARTICULAR DELEGATIONS) (1) EMERGENCY PLANNING (i) The Chief Executive shall hold delegated power to declare an emergency situation as defined by the Civil Contingencies Act 2004. This includes the power to take such executive action as may be considered necessary to protect the community and the Council’s property and to assist the emergency services and other partners in the response and recovery from an emergency. (ii) In addition to the Chief Executive, all Executive Directors and Heads of Service participate in an Emergency Response Co-ordinator Duty Rota whereby one senior officer is on call to respond to emergencies for a set period. When acting in the role of the Emergency Response Co-ordinator, each officer shall hold delegated power to take such executive action (in consultation with other appropriate officers where reasonably possible) as may be considered necessary to protect the community and the Council’s property and to assist the emergency services and other partners in the response and recovery from an emergency, until advised otherwise by the Chief Executive or, in the case of a Head of Service only, a member of the Corporate Leadership Team. This includes authority to incur expenditure proportionate to the emergency and necessary to ensure implementation of such action. 5. CHIEF EXECUTIVE DELEGATION RESPONSIBLE OFFICER (1) To give a direction in special circumstances: Chief Executive Page 310
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17 (a) that any officer shall not exercise a delegated power on how a delegation to an officer should be exercised, other than where a Statutory Appointee is exercising a function particular to their statutory role. If such direction is given the Chief Executive shall consider the need to report the circumstances to the appropriate Council or Committee meeting and the use of powers contained in paragraph 5 (7) below. (2) Except where otherwise referred to in the constitutional documents, to determine minor incidental issues on behalf of the Council, provided that the matter falls within established policy positions of the Council, in consultation with the Council Leader or the appropriate Committee Chair. Chief Executive (3) To take disciplinary action against employees within the Chief Executive’s Department and Executive Directors, in accordance with the Council’s approved disciplinary procedures. Chief Executive (4) To authorise official hospitality on behalf of the Council, in consultation with the Civic Leader and within existing budgets Chief Executive (5) To submit the views of the Council, where requested as a matter of urgency, to a Government department, the Scottish Parliament, the Scottish Government, the Convention of Scottish Local Authorities or an outside body, where there is insufficient time to refer the matter to the Council. Chief Executive (6) In an election year, to determine all urgent matters on behalf of the Council in the period between the date of the ordinary Council Election and the statutory meeting. Chief Executive (7) To authorise all such executive action as may be deemed necessary in the discharge of the Authority’s functions subject to homologation. Chief Executive (8) To seek to resolve local disputes with recognised trade unions in matters relating to staffing and operational issues affecting Moray Council. Chief Executive (9) To organise and represent the Council at civic ceremonies and processions where appropriate. Chief Executive Page 311
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18 (10) To determine whether a particular proposed action or decision is controversial, sensitive or complex within the terms of paragraph 1 (6) (f) above, and, where they judge this appropriate, to direct that the matter be determined by the relevant Executive Directors despite its controversial, sensitive or complex nature. Chief Executive (11) To develop the Council’s Community Planning Process. Chief Executive (12) Maintaining and keeping under review the Council’s complaints procedure including taking appropriate action to deal with complaints to the Scottish Public Services Ombudsman. Chief Executive (13) To determine in consultation with relevant officers whether a matter should be referred to the police. Chief Executive (14) To determine the local Council holidays and festive closing times. Chief Executive 6. EXECUTIVE DIRECTOR EDUCATION, HOUSING AND COMMUNITIES DELEGATION RESPONSIBLE OFFICER (1) The Depute Chief Executive (Education, Communities and Organisational Development) has overall responsibility for the following Services: • Education • Education Resources and CommunitiesLeisure and Culture • Housing, Property and Communities Executive Director Education, Housing and Communities The Head of each of these Services has the delegated powers set out below. The Executive Director Education, Housing and Communities is also authorised to exercise these delegated powers, excepting always any roles for which a qualification is needed or statutory appointments of a single officer. Executive Director Education, Housing and Communities Page 312
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19 7. EDUCATION DELEGATION RESPONSIBLE OFFICER (1) Carrying out the functions of the Council as Education Authority in terms of Council policy and the legislative framework set by The Standard in Scotland Schools etc. Act 2000. Head of Education (Chief Education Officer) (2) Enforcing attendance at school (Sections 36, 37, 38 and 53 of the Education (Scotland) Act 1980) as amended. Head of Education (Chief Education Officer) (3) Allowing pupils to miss school (Section 34 of the Education (Scotland) Act 1980). Head of Education (Chief Education Officer) (4) Ensuring schools are Health Promoting Schools (Health Promotion and Nutrition) (Scotland) Act 2007. Head of Education (Chief Education Officer) (5) Dealing with requests to educate at home (Sections 35 and 37 of the Education (Scotland) Act 1980. Head of Education (Chief Education Officer) (6) Employment of children (Children and Young Persons (Scotland) Act 1937) as amended. Head of Education (Chief Education Officer) (7) Providing or arranging in-service training for staff. Head of Education (Chief Education Officer) (8) Providing work experience for pupils who are eligible (Section 123 of the Education (Scotland) Act 1980). Head of Education (Chief Education Officer) (9) To seek to resolve local disputes with recognised trade unions in relation to local staffing and operational issues affecting Education Services. Head of Education (Chief Education Officer) (10) Provide support and guidance to Parent Councils. Head of Education (Chief Education Officer) (11) Admitting pupils to schools (Section 32 of the Education (Scotland) Act 1980). Head of Education (Chief Education Officer) Page 313
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20 (12) Admitting children to pre-school education (Education (Scotland) Act 1996). Head of Education (Chief Education Officer) (13) Awarding bursaries (Section 49 of the Education (Scotland) Act 1980) and dealing with Educational Endowments (Section 128 of the Local Government (Scotland) Act 1973 as amended. Head of Education (Chief Education Officer) (14) Providing clothing (Section 54 of the Education (Scotland) Act 1980) as amended. Head of Education (Chief Education Officer) (15) Providing, from staff employed in the Department, the Education Authority’s representatives on the Appointment Committees for all Head and Depute Head Teacher appointments in Schools. Head of Education (Chief Education Officer) (16) Dealing with the closure of schools and other educational establishments under the control of the Council as Education Authority. Head of Education (Chief Education Officer) (17) Administration of Education Maintenance Allowances. Head of Education (Chief Education Officer) (18) Licensing the staging of theatrical performances by children (Children and Young Persons (Scotland) Act 1937) as amended. Head of Education (Chief Education Officer) (19) Provision of a school transport service in accordance with the Education (Scotland) Act 1980. Head of Education (20) Operating arrangements for pupils from outside the area (Sections 23 and 24 of the Education (Scotland) Act 1980 as amended. Head of Education (Chief Education Officer) (21) Providing an education psychology service in schools. (22) Making recommendations on grants to organisations involved with education. Head of Education (Chief Education Officer) (23) Operating arrangements for pupils from outside the area (Sections 23 and 24 of the Education (Scotland) Act 1980 as amended Head of Education (Chief Education Officer) 8. EDUCATION RESOURCES AND COMMUNITIESLEISURE AND CULTURE Page 314
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21 (1) Maintaining and equipping schools and other buildings (Section 17 of the Education (Scotland) Act 1980). Head of Housing, Property and Communities (2) Improving the access to premises for the safety of pupils (Section 18 of the Education (Scotland) Act 1980). Head of Housing, Property and Communities (3) Operating arrangements for pupils from outside the area (Sections 23 and 24 of the Education (Scotland) Act 1980 as amended. Head of Education (4) Providing an education psychology service in schools. Head of Education (5) Making adequate and efficient provision for each child or young person (including 3-5yr olds and disabled children under 3) (Education (Additional Support for Learning (Scotland) Act 2004.) Head of Education (6) Making recommendations on grants to organisations involved with education. Head of Education (7) Managing or leasing out Educational Services accommodation/facilities. Head of Housing, Property and Communities (8) Providing programmes of adult education, youth work and community development. Head of Community Strategy, People and Change (9) Dealing with the use of educational premises for licensed functions. Head of Housing, Property and Communities (10) To assist voluntary organisations which provide youth and community facilities. Head of Community Strategy, People and Change (11) Providing Library, Local History, Archives, and Museum Services. Executive Director Education, Housing and Communities (12) Providing Sports, Arts and Leisure Services. Executive Director Education, Housing and Communities Commented [TS1]: Moved to Head of Education (Chief Education Officer) Page 315
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22 (13) To vary or waive charges for leisure facilities fixed by the Council from time to time, following consultation with the Chair of the Education, Children’s and Leisure Services Committee and the Leader of the Council, to facilitate agreed service objectives, subject to reporting any changes to charges to Education, Children’s and Leisure Services Committee and Corporate Committee for information. Executive Director Education, Housing and Communities 9. HOUSING AND PROPERTY SERVICES STRATEGY/POLICY DELEGATION RESPONSIBLE OFFICER (1) To provide advice to the Council on housing matters. Head of Housing Property and Communities (2) To develop policies and procedures covering all activities within the housing service. Head of Housing Property and Communities (3) To carry out assessment of housing need and conditions across all tenures. Head of Housing Property and Communities (4) To prepare, review and monitor a Local Housing Strategy in accordance with Scottish Government guidance. Head of Housing Property and Communities (5) To prepare, review and monitor a Homelessness Strategy, in accordance with Scottish Government guidance. Head of Housing Property and Communities (6) To prepare such other strategies/plans as may be required by the Scottish Government on housing matters. Head of Housing Property and Communities (7) To contribute to the development of the Council’s planning policies. Head of Housing Property and Communities (8) To contribute to the development of corporate strategies, plans and policies. Head of Housing Property and Communities Page 316
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23 (9) To lead the implementation of the Home Energy Conservation Act. Head of Housing Property and Communities (10) To ensure that Equal Opportunities is reflected within all strategies, policies, procedures and plans developed by the Service (see 106 Housing Scotland Act). Head of Housing Property and Communities ENABLING DELEGATION RESPONSIBLE OFFICER (11) To work with other housing providers to enable accommodation/housing to be provided to meet identified needs. Head of Housing Property and Communities (12) To prepare the Strategic Housing Investment Plan in accordance with Scottish Government guidance. Head of Housing Property and Communities (13) To liaise with the Scottish Government on the Affordable Housing Investment Programme. Head of Housing Property and Communities (14) To develop and manage Council house new building projects. Head of Housing Property and Communities (15) To work with private sector landlords, other agencies, etc. Head of Housing Property and Communities PRIVATE SECTOR IMPROVEMENTS/REPAIRS DELEGATION RESPONSIBLE OFFICER (16) To administer the mandatory and discretionary Housing Grants (including disabled grants). Head of Housing Property and Communities (17) To prepare, implement, review and monitor a Private Sector Scheme of assistance in accordance with Scottish Government guidance. Head of Housing Property and Communities Page 317
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24 (18) To undertake assessments of housing conditions in the private sector as may be appropriate from time to time. Head of Housing Property and Communities (19) To take appropriate action, in accordance with Part 6 of the Housing (Scotland) Act 2014 and in conjunction with the Chair of the Housing and Community Safety Committee, with regard to enforcing repairs and maintenance in private homes. Head of Housing Property and Communities ALLOCATIONS DELEGATION RESPONSIBLE OFFICER (20) To allocate council houses, lock up garages and garage sites in accordance with Council policy. Head of Housing Property and Communities (21) To maintain Waiting and Transfer Lists. Head of Housing Property and Communities (22) To ensure that special cases are dealt with in accordance with the Council’s policy. Head of Housing Property and Communities (23) To work closely with Registered Social Landlords to ensure that nomination agreements operate effectively. Head of Housing Property and Communities HOUSING NEEDS AND RESETTLEMENT DELEGATION RESPONSIBLE OFFICER (24) To carry out assessments and discharge the statutory functions under the Homeless Persons legislation. Head of Housing Property and Communities (25) To provide housing information and advice services to homeless households. Head of Housing Property and Communities (26) To develop, implement, monitor and review a protocol with Registered Social Landlords regarding housing and homeless persons. Head of Housing Property and Communities Page 318
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25 (27) To assess and provide support to vulnerable people who are homeless or threatened with homelessness. Head of Housing Property and Communities (28) To negotiate and secure temporary accommodation and conclude leases, in consultation with the Council’s Legal services. Head of Housing Property and Communities (29) To carry out the functions of the Council in relation to resettlement, accommodation and integration of displaced persons, under provisions including the UK Resettlement Scheme, New Scots Integration Strategy 2024 and the Immigration and Asylum Act 1999. Head of Housing Property and Communities TENANCY/ESTATE MANAGEMENT DELEGATION RESPONSIBLE OFFICER (30) To consider and agree requests for assignations, subletting, mutual exchanges and successions in accordance with legislation and the Council’s policy. Head of Housing Property and Communities (31) To collect rents and other monies due to the Council. Head of Housing Property and Communities (32) To establish, implement and enforce the terms of the Council’s lease, including repossession and eviction action. Head of Housing Property and Communities (33) To consider and agree applications for Anti-Social Behaviour Orders, in consultation with the Anti-Social Behaviour Panel. Head of Housing Property and Communities (34) To develop and support tenant participation. Head of Housing Property and Communities (35) To implement, monitor and review a statutory Register of Tenant Organisation. Head of Housing Property and Communities (36) To provide information and advice to tenants on a range of housing matters, as required by the Housing (Scotland) Act 2001. Head of Housing Property and Communities Page 319
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26 (37) To consult tenants on proposals for changes to housing management policies, as required by the Housing (Scotland) Act 2001. Head of Housing Property and Communities REPAIRS/IMPROVEMENTS DELEGATION RESPONSIBLE OFFICER (38) To authorise and instruct repairs in accordance with the Council’s policy. Head of Housing Property and Communities (39) To carry out maintenance and repair of the Council’s housing stock and related assets to ensure that the Council housing stock meets the Scottish Housing Quality Standard. Head of Housing Property and Communities (40) To operate the Right to Repair regulations. Head of Housing Property and Communities (41) To develop programmes of works to maintain and improve the Council’s housing stock, garages and other related assets in accordance with Financial Regulations and the approved estimates of expenditure. Head of Housing Property and Communities (42) To devise, develop and monitor Capital programmes to ensure the Council’s HRA stock is kept in a satisfactory condition. Head of Housing Property and Communities (43) To operate the Right to Compensation regulations. Head of Housing Property and Communities GYPSY/TRAVELLER COMMUNITIES AND WITH WHOM NEEDS SETTLED DELEGATION RESPONSIBLE OFFICER (44) To present appropriate site provision for Gypsies/Travellers. Head of Housing Property and Communities (45) To develop, review, implement and monitor the Council’s Policy on Unauthorised Encampments, in consultation with other Services. Head of Housing Property and Communities Page 320
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27 BUDGETARY DELEGATION RESPONSIBLE OFFICER (46) To prepare budgets for the Housing Revenue Account and Capital Programme, in consultation with the Depute Chief Executive (Economy, Environment and FinanceExecutive Director Finance, Strategy and Transformation) and Chief Financial Officer. Head of Housing Property and Communities (47) To consult tenants on proposals for any rent increase. Head of Housing Property and Communities (48) To agree write offs of rent etc in accordance with Financial Regulations. Head of Housing Property and Communities (49) To declare a property surplus to the Council’s requirements on condition that the Asset Management Working Group is satisfied that the property asset is: (a) no longer required by the Council to provide a service either directly, or indirectly through a third party; (b) no longer required for the future use of the Council. and subject to the following exclusions: (a) assets held on the Common Good Accounts or Housing Revenue Accounts; (b) those assets having an asset value in excess of £1m; (c) assets identified for disposal where the capital receipt is to be retained for reinvestment. Head of Housing Property and Communities PERFORMANCE DELEGATION RESPONSIBLE OFFICER (50) To prepare the Council for inspection by the Scottish Housing Regulator, implement and monitor any resulting Improvement Plans. Head of Housing Property and Communities Page 321
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28 DESIGN AND PROPERTY RESOURCES DELEGATION RESPONSIBLE OFFICER (51) To organise and manage the multi-disciplinary professional and technical service in accordance with the needs and priorities of the Council and external Clients, and to act as Architect/Contract Administrator on such construction projects. Head of Housing Property and Communities (52) To follow Procurement Policy and Procedures when appointing construction services contractors and professional consultants, and thereafter select, recommend for award, appoint and audit performance. Head of Housing Property and Communities (53) To implement and instruct all appropriate legislative requirements for the maintenance and servicing of Council property, including Asbestos and Legionella policies and procedures for risk management. Head of Housing Property and Communities (54) To approve acquisitions of heritable property up to a value of £250,000 where appropriate provisions has been made in the Capital or Revenue Plan. For acquisitions by lease, this delegation covers property with a rental value of up to £25,000 per annum where appropriate provision has been made in the Capital or Revenue Plan. Head of Housing Property and Communities (55) To settle compensation claims up to a maximum of £100,000 arising from the Flood Prevention legislation or in terms of the Land Compensation (Scotland) Acts 1963 and 1973 in respect of compensation for losses arising from the compulsory acquisition by the Council of heritable property or acquisition by agreement with compulsory powers in the background, provided always that payments can be accommodated within approved budgets for the scheme or project. Head of Housing Property and Communities (56) To accept the highest offer received for surplus heritable property provided that the highest offer received is for a sum no less than the price at which the property has been offered for sale on the open market. Head of Housing Property and Communities (57) To grant leases, licenses or other occupation agreements of land and buildings for 25 years or less duration where the initial rent does not exceed £35,000 per annum and sites on long term building leases of up to 125 years duration where the initial rent does not exceed £35,000 per annum. Head of Housing Property and Communities Page 322
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29 (58) To conduct rent reviews and fix new rents. Head of Housing Property and Communities (59) To grant assignations of existing leases where the terms of lease remain substantially unaltered and to authorise sub-lets. Head of Housing Property and Communities (60) To grant wayleaves or servitudes over Council owned property. Head of Housing Property and Communities (61) To approve terms for the grant of Minutes of Waiver and issue Landlord’s consent. Head of Housing Property and Communities (62) To negotiate and acquire any Waiver or Indemnity up to maximum consideration of £20,000 which might be necessary in connection with the disposal or surplus property. Head of Housing Property and Communities (63) To co-ordinate the implementation of the Council’s energy and water strategy. Head of Housing Property and Communities (64) To approve the sale of Council property where the purchase price does not exceed £30,000, subject to liaison with appropriate officials of the Council, and the ward members. Head of Housing Property and Communities (65) To develop a corporate Property Asset Management Plan. Head of Housing Property and Communities BENEFITS (1) Authorise Discretionary Housing Payments (DHP) in accordance with the DHP (Grants) Order 2001. Head of Housing, Property and Communities (2) To ensure that Council Tax Benefit Reduction and Housing Benefit are administered in accordance with the Council Tax Benefit Regulations 2006 Council Tax Reduction Regulations (Scotland) 2021 and the Housing Benefit Regulations 2006. Head of Housing, Property and Communities Page 323
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30 (3) The issue of any Local Authority Authorisation Certificate under the terms of Section 110 of the Social Security Admin Act 1992, as amended by the Child Support, Pensions and Social Security Act 2000. Head of Housing, Property and Communities (4) To provide a money advice service and assist clients with Statutory debt management schemes. Head of Housing, Property and Communities 10. EXECUTIVE DIRECTOR ECONOMY, ENTERPRISE AND OPERATIONS DELEGATION RESPONSIBLE OFFICER (1) The Executive Director Economy, Enterprise and Operations has overall responsibility for the following Services: • Operations and Environment • Governance • Growth, Planning and Climate The Head of each of these Services has the delegated powers set out below. The Executive Director – Economy, Enterprise and Operations is also authorised to exercise these delegated powers, excepting always any roles for which a qualification is needed or statutory appointments of a single officer. Executive Director Economy, Enterprise and Operations 11. OPERATIONS AND ENVIRONMENT ROADS DELEGATION RESPONSIBLE OFFICER (1) To manage and implement the Council’s statutory functions under all Roads legislation including the following Acts and any subordinate legislation promoted under them: Head of Operations and Environment (2) Manage and implement the requirements of the Roads (Scotland) Act 1984. Head of Operations and Environment (3) In consultation with the Chair, Depute Chair and relevant Ward Members, to undertake the statutory process for the promotion of Head of Operations and Environment Page 324
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31 Road Traffic Regulation Orders and only bring the matter before Economic Development and Infrastructure Services Committee where there is not unanimous support for the proposal or there are outstanding objections following on from the statutory/ public consultation process. (4) Manage and implement the requirements of the New Roads and Streetworks Act 1991. Head of Operations and Environment (5) Manage and implement the requirements of the Road Traffic Regulation Act 1984. Head of Operations and Environment (6) Manage and implement the requirements of the Traffic Signs Regulations and General Directions 2016. Head of Operations and Environment (7) Manage and implement the requirements of the Road Traffic Reduction Act 1997. Head of Operations and Environment (8) Manage and implement The Road Traffic Reduction (National Targets) Act 1998. Head of Operations and Environment (9) Manage and implement the requirements of the Transportation Act 2000. Head of Operations and Environment (10) Manage and implement the requirements of the Transport (Scotland) Acts 2001 and 2005. Head of Operations and Environment (11) Manage and implement the requirements of the Disabled person’ Parking Places (Scotland) Act 2009. Head of Operations and Environment (12) Manage and implement the requirements of the Transport (Scotland) Act 2020 Head of Operations and Environment (13) Adopt new roads onto the Statutory List of Public Roads that are constructed by developers in accordance with the Council’s specification and approved Roads Construction Consent details as required by the Roads (Scotland) Act 1984 and to inform Local Members of the new roads adopted in terms of this delegated power. Head of Operations and Environment (14) Proceed with necessary roads maintenance works and annually publish a main list of schemes, which can be funded from budget provision, and a reserve list of desirable schemes, which cannot presently be funded, along with a list of projects to be funded from the Capital allocation. Head of Operations and Environment Page 325
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32 CAR PARKS DELEGATION RESPONSIBLE OFFICER (15) Manage and implement the requirements of the Grampian Regional Council (Off Street Car Parks Order) 1989. Head of Operations and Environment HARBOURS AND COASTLINE DELEGATION RESPONSIBLE OFFICER (16) To manage and implement the Council’s statutory functions under all harbour legislation including the Grampian Regional Council Harbour Confirmation Act 1987 and the Grampian Regional Council Harbour Byelaws. Head of Operations and Environment (17) Manage and implement the requirements of the Pilotage Act 1987. Head of Operations and Environment (18) Manage and implement the requirements of the Diving at Work Act 1997. Head of Operations and Environment (19) Manage and implement the requirements of the Coast Protection Act 1949. Head of Operations and Environment (20) Amend commercial (but not leisure) charges at Moray Council harbours in consultation with Group Leaders and the Chair of Economic Development and Infrastructure Services Committee, subject to such amendments being brought for annual review by Economic Development and Infrastructure Services Committee and/or Corporate Committee. Head of Operations and Environment FLOODING AND RESERVOIRS DELEGATION RESPONSIBLE OFFICER (21) Manage and implement the requirements of the Flood Risk Management (Scotland) Act 2009 Head of Operations and Environment TRANSPORT Page 326
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33 DELEGATION RESPONSIBLE OFFICER (22) Provide transport services for schools and socially desirable services in terms of the Public Transport Act 1985 and the Education (Scotland) Act. Head of Operations and Environment (23) Manage and implement the requirements of approved concessionary transport schemes. Head of Operations and Environment (24) Erecting bus stops, shelters and information panels. Head of Operations and Environment (25) Enact new ticket types for Council operated bus services. Head of Operations and Environment (26) Consider short term fares offers and promotions for Council operated bus services as appropriate. Head of Operations and Environment (27) Provision of a school transport service in accordance with the Education (Scotland) Act 1980. Head of Operations and Environment FLEET SERVICES DELEGATION RESPONSIBLE OFFICER (27)(28) Manage all vehicles and plant on behalf of the Council including operations, purchase, hires, maintenance and disposal. Head of Operations and Environment (28)(29) Act as the responsible officer for the Licence required under the Goods Vehicles (Licensing of Operators) Act 1995 and related legislation. Fleet Services Manager CEMETERIES, LANDS AND PARKS DELEGATION RESPONSIBLE OFFICER (29)(30) Manage and maintain the Council’s cemeteries, parks, open spaces, woodlands, play areas, recreational grounds, public conveniences, war memorials and such like areas. Head of Operations and Environment (30)(31) Manage and maintain that part of the Speyside Way long distance route which is in Moray. Head of Operations and Environment Page 327
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34 (31)(32) Manage and implement the requirements of public access legislation including the Land Reform (Scotland) Act 2003 relating to core paths. Head of Operations and Environment WASTE COLLECTION AND DISPOSAL DELEGATION RESPONSIBLE OFFICER (32)(33) Manage and implement the refuse collection service, waste management service, recycling centres, landfill sites and recycling operations in accordance with all relevant regulations and legislation. Head of Operations and Environment BUILDING CLEANING AND CATERING SERVICES DELEGATION RESPONSIBLE OFFICER (33)(34) Manage the cleaning of Council premises. Head of Operations and Environment (34)(35) Manage the supply and provision of catering and janitorial services to Schools and other Council buildings as required. Head of Operations and Environment EMERGENCY PLANNING DELEGATION RESPONSIBLE OFFICER (35)(36) To act as Oil Pollution Control Officer. Head of Operations and Environment GENERAL DELEGATION RESPONSIBLE OFFICER (36)(37) To maintain a rota of senior managers to act as Emergency Response Coordinators, authorised to take such necessary actions to respond appropriately to an emergency situation. Head of Operations and Environment (37)(38) To submit tenders on behalf of the Council for construction or design works in accordance with invitations to tender issued from time to time by the Council or outside bodies. Head of Operations and Environment Page 328
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35 (38)(39) To implement such matters of the Health and Safety at Work Act 1974 as is necessary to satisfy the general operations and construction of projects or services. Head of Operations and Environment Head of Housing, Property and Communities (39)(40) To implement the requirements of the Construction (Design and Management) for construction and maintenance projects. Head of Operations and Environment Head of Housing, Property and Communities (40)(41) To authorise further grant applications supporting the work of the traffic section, in consultation with the Chief Financial OfficerExecutive Director Finance, Strategy and Transformation, the Chair of the Economic Development and Infrastructure Services Committee and Political Group Leaders, where there is no call on capital or revenue funding. Head of Operations and Environment 12. GOVERNANCE LEGAL SERVICES DELEGATION RESPONSIBLE OFFICER (1) Concluding missives and executing other self proving conveyancing documents for the purchase or disposal of heritable property and signing notices and orders about Compulsory Purchase Orders. Chief Governance Officer (2) Instituting, defending or appearing on behalf of the Council in legal proceedings when deemed appropriate. Chief Governance Officer (3) Settling actions and claims For claims above [£50k] in consultation with the Chief Executive, Executive Director Finance, Strategy and Transformation and relevant Senior Officer. Chief Governance Officer Page 329
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36 (4) Instructing private legal firms, Sheriff Officers, patent agents and parliamentary agents when deemed appropriate and any other appropriate or professional service when required. Chief Governance Officer (5) Obtaining counsel’s opinion in consultation with the Council Leader and relevant Committee Chair. Chief Governance Officer (6) Instructing counsel in consultation with the Council Leader and relevant Committee Chair. Chief Governance Officer (7) Carrying out legal procedures necessary to implement any matters delegated to the other services. Chief Governance Officer (8) Work with the Estates Section to negotiate and obtain any waiver or indemnity, for no more than £20,000, which might be necessary in connection with disposing of property, and paying this amount and any expenses connected with it. Chief Governance Officer (9) To advise the Council and its departments on all legal and administrative matters and, in accordance with duties authorised, together with such members of staff designated, provided these are suitably qualified, to raise legal actions on behalf of the Council, its Committees or sub-committees with appropriate delegated power to enforce their rights and where decree is granted to enforcement and implementation thereof including the right to make judicial settlements. Chief Governance Officer (10) To co-operate with other Local Authorities and put arrangements in place to carry out local court appearances on each others behalf for minor procedural issues. Chief Governance Officer (11) To prepare the Council’s response to planning and other appeals, including representing the Council at Public Inquiries and calling Councillors to appear as witnesses, where the decision of the Council is contrary to the recommendations put forward for consideration by officers. Chief Governance Officer (12) To issue permits under Section 19 of the Transport Act 1985. Chief Governance Officer (13) To act as private prosecutor (truancy) in terms of Section 56(1) of the Local Government (Scotland) Act 1973 and also in terms of Section 43(2) of the Education (Scotland) Act 1980. Chief Governance Officer (14) To act as the responsible officer for vetting members in relation to child care positions. Chief Governance Officer Page 330
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37 (15) When requested by the Head of Operations and Environment, to impose any temporary restriction on traffic and roads by means of public notice and/or traffic regulation order in terms of the Road Traffic Regulation Act 1984 and the Roads (Scotland) Act 1984. Chief Governance Officer (16) To approve, in consultation with the appropriate Member(s), applications for co-opted members to Community Councils which would meet the criteria laid down within Moray Council Community Council Scheme. Note only applications which do not meet the criteria or which Members do not support will require to be brought before Council for consideration. Chief Governance Officer LICENSING (17) (i) In connection with the Council’s licensing functions: Under the following legislation and/or any legislation that repeals, replaces or subsumes the same: • Cinemas Act 1985 • Civic Government (Scotland) Act 1982 • Deer (Scotland) Act 1996 • Fireworks (Scotland) Regulations 2004 • The Housing (Scotland) Act 2006 Part 5 – Licensing of Houses in Multiple Occupation • Local Government Miscellaneous Provisions Act 1982 • Theatres Act 1968 and in particular in respect of the following licence types: • Cinema • Houses of Multiple Occupation • Itinerant metal dealers • Knife dealers • Late hours catering • Market operators • Metal dealers • Metal dealers exemption warrant • Private hire drivers • Private hire operators • Public charitable collections • Public entertainment • Public processions Chief Governance Officer Page 331
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38 • Second hand dealers • Street Traders • Short Term Lets • Taxi booking offices • Taxi drivers • Taxi operators • Venison dealers • Window cleaners (ii) To grant for three years or such shorter period as determined to be necessary and, where appropriate, to renew, vary, transfer, or accept surrender of the licence/temporary licence/provisional licence/permission/dispensation subject to there being no objections or adverse representations received from any consultees and where no Member of the Council has requested that the application be decided by a Committee and where the application is one which the Officer concerned considers should be granted; (iii) To add, vary or remove conditions that are straightforward in nature, particularly where such changes are recommended by consultees; (iv) To grant or refuse applications for substitutions, consents to alter or permission to effect a material change in circumstances subject to there being no objections or adverse representations received from any consultees; (v) To refuse to accept any application which does not provide the required supporting documentation, including the relevant fee; (ii) To refuse to grant a licence where the applicant has failed to satisfy any administrative requirement necessary to the granting and issue of a licence including, but not limited to, failing to pass a driver test for a taxi driver or a vehicle test for a taxi operator (including suitability as to the vehicle) or failing to supply a photograph; (iii) To relieve the applicant of any failure to satisfy an administrative requirement including to decide whether or not to accept applications for renewal made up to 28 days after the expiry of a licence; (iv) To temporarily suspend licences in the interests of public order or safety, following consultation with the Chair of the Chief Governance Officer Page 332
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39 Licensing Committee, whom failing the DeputyDepute Chair, whom failing any other member of the Committee as well as the relevant statutory consultees whomsoever. (18) In relation to taxi or private hire driver licences: (a) to grant or renew those licences as appear to be uncomplicated where medical issues have arisen but where medical opinion has been received which indicates that the applicant is not unfit by reason of his or her medical condition to be a taxi or private hire driver, and to request that any such licence holder submit regular medical updates; and Chief Governance Officer (b) in the case of drivers aged over 70 years to grant or renew licences for up to three years on condition of production by the licence holder of a valid DVLA licence annually, to receive and review DVLA licences in addition to exercising general powers in relation to licences as detailed above. Chief Governance Officer (19) To grant an application for dispensation in terms of the Fireworks (Scotland) Regulations 2004 providing there are no objections to the application from relevant consultees. Chief Governance Officer (20) (a) To grant Theatre Licences for a standard duration of one year, Theatre Licence renewals for a standard duration of one year and temporary Theatre Licences where there are no objections or observations to such applications; (b) To authorise an application for a Theatre Licence as exempt from payment of licensing fees within the terms of the Theatres Act 1968 and to refer any refusal from exemption from such payment to Committee. (Note: For the purpose of all licensing delegations the Officer may disregard objections or adverse representations where they are based on convictions (current or spent) that have previously been considered by the Committee and the relevant licence/permission/ dispensation was granted notwithstanding this information) Chief Governance Officer (21) To appoint Licensing Standards Officer under the Licensing (Scotland) Act 2005 and Civic Government (Scotland) Act 1982, including any Orders, Regulations, Statutory Instruments or other subordinate legislation made under the Acts. Chief Governance Officer Page 333
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40 (22) To exercise the functions and powers conferred by Section 7 of the Smoking, Health and Social Care (Scotland) Act 2005 and Regulations, including any Orders, Regulations, Statutory Instruments or other subordinate legislation made under this Act, to enable the performance of functions under the Gambling Act 2005. Chief Governance Officer INFORMATION MANAGEMENT (23) To meet the Council’s statutory obligations for Records Management and Data Protection Chief Governance Officer (24) Determining requests for internal review of the handling of freedom of information requests [Freedom of Information Act 2000, Freedom of Information (Scotland) Act and Environmental Information (Scotland) Regulations 2004] Chief Governance Officer (25) To maintain the Register of Gifts and Hospitality received by Employees in terms of the Employee’s Code of Conduct. Chief Governance Officer CURATORS AD LITEM (26) In consultation with the Head of Service (MIJB) Children’s Services, to establish, make appointments to and thereafter administer a panel of Curators Ad Litem and Reporting Officers as laid down in the Curators Ad Litem and Reporting Officers (Panel) (Scotland) Regulations 2001 and to consult with the Sheriff Principal and other relevant parties as required, subject to agreement on resource allocation. Chief Governance Officer (27) To agree future amendments to fees for Joint Curators ad Litem and Reporting officers, in line with the percentage salary change agreed for Council employees through the Scottish Joint Council (SJC), subject to agreement on resource allocation. Chief Governance Officer (28) To agree additional fees of up to 80% of the original fee if a Curator ad litem and Reporting Officer is asked by the Sheriff to carry out additional work. Chief Governance Officer COMMITTEE SERVICES (29) to maintain a register of those persons or groups who have been bestowed the Freedom of Moray. Chief Governance Officer Page 334
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41 13. GROWTH, PLANNING AND CLIMATE BUILDING STANDARDS DELEGATION RESPONSIBLE OFFICER (1) Determine need for and carry out enforcement action in respect of Dangerous Buildings in terms of the Building (Scotland) Act 2003. Head of Growth, Planning and Climate (2) Determine need for and carry out enforcement action in respect of Unauthorised Works in terms of the Building (Scotland) Act 2003. Head of Growth, Planning and Climate (3) Determine applications for Authorisation of Temporary Occupation or Use of Buildings in terms of the Building (Scotland) Acts 1959/70 and 2003. Head of Growth, Planning and Climate (4) Refusal of Building Warrants in terms of the Building (Scotland) Acts 1959/70 and 2003. Head of Growth, Planning and Climate (5) Determination of applications for Letters of Comfort. Head of Growth, Planning and Climate (6) Determine enquiries regarding the need to obtain Building Warrant and provide preliminary advice in regard to Building Standards. Head of Growth, Planning and Climate (7) Determine and approve Applications for Building Warrant, including the signing of Building Warrant Approvals in terms of the Building (Scotland) Act 2003. Head of Growth, Planning and Climate (8) Accept or reject Completion Certificate submissions including the signing of the accepted or rejected notice in terms of the Building (Scotland) Act 2003. Head of Growth, Planning and Climate (9) Make representations or objections to matters relating to the issue of licences and registrations by local authorities. Head of Growth, Planning and Climate ENVIRONMENTAL HEALTH Page 335
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42 DELEGATION RESPONSIBLE OFFICER (10) To execute statutory duties of Moray Council in respect of the legislation set out in Appendix 1. Head of Growth, Planning and Climate (11) To sign Closing Orders, Demolition Orders, Suspension Orders and Revocation Orders under the Housing (Scotland) Act 1987 or any amended or new legislation on behalf of Moray Council. Head of Growth, Planning and Climate (12) To bury or cremate any person who was in the care of, or receiving help from, the Council immediately before their death and to recover expenses not reimbursed, in terms of Section 28 of the Social Work (Scotland) Act 1968. Head of Growth, Planning and Climate (13) To defraying expenses of parent, etc., visiting persons or attending funerals in terms of Section 29 of the Social Work (Scotland) Act 1968. Head of Growth, Planning and Climate TRADING STANDARDS DELEGATION RESPONSIBLE OFFICER (14) To exercise the powers conferred by Acts of Parliament and Regulations, including any Orders, Regulations, Statutory Instruments or other subordinate legislation, as amended, made under any of the Acts set out in Appendix 2. Head of Growth, Planning and Climate (15) To carry out a programme of enforcement action in its area under the Tobacco and Primary Medical Services (Scotland) Act 2010, including: (a) the investigation of complaints in respect of alleged offences under Chapter 1 or 2 of the Act; (b) the taking of other measures intended to reduce the incidence of offences under those Chapters. Head of Growth, Planning and Climate (16) Authority to issue fixed penalty notices for contraventions of the Tobacco and Primary Medical Services (Scotland) Act 2010. Head of Growth, Planning and Climate Page 336
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43 (17) Authority to apply to court to have retailers banned from selling tobacco or nicotine vapour products, as prescribed within the Tobacco and Primary Medical Services (Scotland) Act 2010. Head of Growth, Planning and Climate (18) Authority to issue fixed penalty charge notices for contraventions of the Energy Performance of Buildings (Scotland) Regulations 2008. Head of Growth, Planning and Climate (19) Grant, refuse or revoke licenses to sell fireworks outside the traditional periods in accordance with the Fireworks Regulations 2004 Head of Growth, Planning and Climate Service Manager Community Protection (20) To grant or refuse licences under the Explosives Regulations 2014. Head of Growth, Planning and Climate Service Manager Community Protection (21) To grant or refuse petroleum storage certificates and petroleum licences under the Petroleum (Consolidation) Regulations 2014. Head of Growth, Planning and Climate Service Manager Community Protection (22) Submit the annual statutory return in relation to the Trading Standards Function to the Secretary of State under Section 70 of the Weights and Measures Act 1985 Head of Growth, Planning and Climate Service Manager Community Protection (23) To issue a Notice under Section 94 of the Civic Government (Scotland) Act 1982, to require disused petrol storage tanks to be made safe. Head of Growth, Planning and Climate Service Manager Community Protection (24) To issue Prohibition Notice under Section 13 of the Psychoactive Substances Act 2016 to any person if the following conditions are met:- Condition A:- that the senior officer or local authority reasonably believes that the person is carrying on, or is likely to carry on, a prohibited activity; and Head of Growth, Planning and Climate Page 337
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44 Condition B:- that the senior officer or local authority reasonably believes that it is necessary and proportionate to give the Prohibition Notice for the purposes of preventing the person from carrying on any prohibited activity. A Prohibition Notice is a notice that requires the person to whom it is given not to carry on any prohibited activity or a prohibited activity of a description specified in the notice. (25) To issue Premises Notice under Section 14 of the Psychoactive Substances Act 2016 to a person if the following conditions are met:- Condition A - that the:- (i) senior officer or local authority reasonably believes that a prohibited activity is being, or is likely to be, carried on at particular premises; and (ii) the person owns, leases, occupies, controls or operates the premises. Condition B – that the senior officer or local authority reasonably believed that it is necessary and proportionate to give the Premises Notice for the purposes of preventing any prohibited activity from being carried on at any premises owned, leased, occupied, controlled or operated by the person. A Premises Notice is a notice that requires the person to whom it is given to take all reasonable steps to prevent any prohibited activity, or a prohibited activity of a description specified in the notice, from being carried on at any premises specified in the notice that are owned, leased, occupied, controlled or operated by the person. Head of Growth, Planning and Climate (26) To make application to the Court, in accordance with Section 21 of the Psychoactive Substances Act 2016, for a Prohibition Order [under Section 18] or a Premises Order. Head of Growth, Planning and Climate ECONOMIC GROWTH AND DEVELOPMENT SERVICES GROWTH, PLANNING AND CLIMATE DELEGATION RESPONSIBLE OFFICER (27) To exercise the powers contained in Part 8 of the Enterprise Act 2002 to apply for an Enforcement Order to prevent acts or omissions which harm the collective interests of consumers. Head of Growth, Planning and Climate Page 338
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45 (28) To exercise the powers to apply for interdict to prevent use of unfair contract terms under the Consumer Rights Act 2015. Head of Growth, Planning and Climate (29) To make application to the Sheriff to require production of information under the Consumer Rights Act 2015, Schedule 5, Part 3, Paragraph 16. Head of Growth, Planning and Climate (30) To exercise the powers to apply for interdict to prevent breach of the Consumer Protection (Distance Selling) Regulations 2000. Head of Growth, Planning and Climate (31) Manage and implement the Council’s street naming functions under the Civic Government Act 1987 and related legislation. Head of Growth, Planning and Climate (32) In consultation with the Chair, Depute Chair and relevant Ward Members, to undertake the statutory process for the promotion of Stopping Up Orders under the Town & Country Planning (Scotland) Act 1997and only bring the matter before Planning & Regulatory Services Committee where there is not unanimous support for the proposal or there are outstanding objections following on from the statutory/public consultation process. Head of Growth, Planning and Climate (33) To consider and agree applications for Anti-Social behaviour orders in consultation with the Anti-Social behaviour panel. Head of Growth, Planning and Climate DEVELOPMENT MANAGEMENT AND STRATEGIC PLANNING AND DEVELOPMENT DELEGATION RESPONSIBLE OFFICER (34) Carry out all of the following in accordance with Town and Country Planning (Scotland) Act 1997, The Planning (Hazardous Substances) (Scotland) Act 1997, and the Planning (Listed Building and Conservation Areas) (Scotland) Act 1997. Head of Growth, Planning and Climate All categories of development applications submitted to Moray Council as Planning Authority for consideration may normally be determined for approval or refusal by the appointed officer with the exception of applications for which one or more of the following applies: Head of Growth, Planning and Climate Commented [TS2]: Sits under Head of Housing, Property and Communities Page 339
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46 • An application is submitted by, or on behalf of, an Elected Member of the Authority or an Officer involved in the statutory planning process; • The appointed officer considers, following the consultation process, that the application raises matters of wider community interest and/or planning significance The decision to refer to Committee or hold a hearing rests with the appointed officer and this discretion to refer may be exercised where, for example, all ward members and the chair consider that an application raises matters of wider community interest. • The application falls within the category of “major development” as defined in the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2008 (the Hierarchy Regulations) which came into force in April 2009). See Schedule below: Major Development Applications (defined on the basis of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2008 (the Hierarchy Regulations) which came into force on 06 April 2009). • All Schedule 1 Developments mentioned in the Environmental Impact Assessment (Scotland) Regulations 1999(a) (other than exempt development within the meaning of those Regulations); • Housing - Construction of buildings, structures or erections for use as residential accommodation where: (a) The development comprises 50 or more dwellings, or (b) The area of the site is or exceeds 2 hectares. • Business & General Industry, Storage and Distribution – Construction of a building, structure or other erection where the gross floor space is or exceeds 10,000 square metres or the area of the site is or exceeds 2 hectares, for use for any of the following purposes : (a) as an office (b) for research and development of products or processes (c) for any industrial process, or Page 340
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47 (d) for use for storage or as a distribution centre • Electricity Generation – Construction of an electricity generating station where the generating station is or exceeds 20 MW; • Waste Management Facilities – construction of facilities for use for the purpose of waste management or disposal where the facility has a capacity of or exceeding 25,000 tonnes per annum; In relation to facilities for use for the purpose of sludge treatment, a capacity to treat more than 50 tonnes (wet weight) per day of residual sludge. • Transport and infrastructure projects – Construction of new or replacement roads, railways, tramways, waterways, aqueducts or pipelines where the length exceeds 8 kilometres. • Fish Farming – The placing or assembly of equipment for the purpose of fish farming within the meaning of section 26 (6) of the Act where the surface area of water covered is or exceeds 2 hectares. • Minerals – Extraction of minerals where the area of the site is or exceeds 2 hectares. • Other Development – Any development not falling wholly within any single class of development as described in all above where: (a) The gross floor space of any building, structure or erection constructed as a result of such development is or exceeds 5,000 square metres; or (b) The area of the site is or exceeds 2 hectares. (35) Determine applications for planning permission, listed building consent conservation area consent, hazardous substances consent, advertisement consent and minerals consent, Crown Developments and Notifications of Intention to Develop by the Planning Authority, decisions will be made in accordance with the Council's Scheme of Delegation for Planning applications: http://www.moray.gov.uk/downloads/file150396.pdf Head of Growth, Planning and Climate (36) Determine applications for Certificates of Lawfulness for a Proposed Use or Development and Certificates of Lawfulness for an Existing Use or Operation or Activity in Breach of a Planning Condition. Head of Growth, Planning and Climate Page 341
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48 (37) Determine applications for Certificates of Appropriate Alternative Development. Head of Growth, Planning and Climate (38) Determine applications for non-material variations of planning consents. Head of Growth, Planning and Climate (39) Determine applications for approval of details required by conditions of consents. Head of Growth, Planning and Climate (40) Determine applications for revocation of planning consent. Head of Growth, Planning and Climate (41) Determine, in consultation with the Chief Governance Officer, the response to any Purchase Notice served on the Council. Head of Growth, Planning and Climate (42) Refer offences arising from enforcement action to the Fiscal for prosecution and/or instigate direct action or proceedings for Interdict. Proceedings for Interdict to be the subject of consultation with The Chief Governance Officer. Head of Growth, Planning and Climate (43) Determine preliminary enquiries for prospective proposals. Head of Growth, Planning and Climate (44) Determine the need for planning consent, conservation area consent, listed building consent, hazardous substances consent, mineral consent and advertisement consent, Crown Development and Notification of Intention to Develop by the Planning Authority. Head of Growth, Planning and Climate (45) Prepare the Council’s responses to planning appeals including acting as witnesses at public inquiries except for those appeals where the decision of the Council is not the same as the recommendations put forward for consideration. Head of Growth, Planning and Climate (46) Determine requests for screening and scoping opinions about the need for Environmental Assessments in accordance with Environmental Impact Assessment (Scotland) Regulations 2017. Head of Growth, Planning and Climate (47) Determine all applications for prior notifications and prior approvals. Head of Growth, Planning and Climate Commented [TS3]: Duplicate entry also at (35) Page 342
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49 (48) Respond to consultations from adjacent planning authorities and The Scottish Government on planning applications being considered by these authorities and The Scottish Government. Head of Growth, Planning and Climate (49) Make representation or objection to matters relating to the issue of licences and registrations by local authorities. Head of Growth, Planning and Climate (50) To exercise the functions and powers under the High Hedges Act (Scotland) 2013 with the exception of determining whether or not a High Hedge Notice should be issued. Head of Growth, Planning and Climate (51) Take enforcement action required under the Planning Acts. Head of Growth, Planning and Climate (52) Respond to Section 37 consultations from the Energy Consents Unit where the consultations relate to: a) Wooden pole lines less than 10km in length; b) Reconfiguration/repositioning of larger lattice steel pylons, where there is no net increase in the number of pylons proposed. Head of Growth, Planning and Climate (53) Provide preliminary advice for planning applications, determining non-material variations and discharging planning conditions under the Planning etc. (Scotland) Act 2006. Head of Growth, Planning and Climate STRATEGIC PLANNING AND DEVELOPMENT AND ECONOMIC GROWTH AND REGENERATIONECONOMY AND ENTERPRISE DELEGATION RESPONSIBLE OFFICER (54) To spend developer obligations relating to Community Facilities, Playing Fields, Indoor/Outdoor Sport Facilities and Library Facilities, in consultation with Ward Members of the relevant Associated Schools Group (ASG) in accordance with the agreed Developer Obligations Guidance. Head of Growth, Planning and Climate (53) To prepare and publish Development Briefs for sites designated in the Local Development Plan, following full consultation and with the approval of Ward Member(s) and the Chair and Depute Chair of the Planning and Regulatory Services Committee; and that Head of Growth, Planning and Climate Page 343
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50 Members be advised of Development Briefs determined under delegation by way of an information report to Committee. (56) To make, vary and revoke and serve a Tree Preservation Order as required by Sections 160 (1) and 275 (8) of the Town and Country Planning (Scotland) Act 1997, in consultation with the Chair and Depute Chair of the Planning and Regulatory Services Committee and Ward Members. Head of Growth, Planning and Climate (57) To determine applications to works to trees covered by a Tree Preservation Order, including approval (subject to conditions as required/ or refused). Head of Growth, Planning and Climate (58) To prepare and submit tenders to training providersthe employment service, and other appropriate agencies, to manage and deliver training and employment programmes. Head of Growth, Planning and Climate (59) To enter into licences and contracts with the employment service, Highland and Islands Enterprise and other appropriate agencies, to manage and deliver training and employment programmes. Head of Growth, Planning and Climate (60) To enter into contracts with training providers and other specialist agencies for the delivery of aspects of government training and employment programmes. Head of Growth, Planning and Climate (61) To grant permission for the use of the Plainstones, Elgin, subject to no notifications or adverse comments being received from the Chief Constable, Grampian Fire and Rescue Service or Executive Director Economy, Enterprise and Operations. Head of Growth, Planning and Climate 14. EXECUTIVE DIRECTOR FINANCE, STRATEGY AND TRANSFORMATION DELEGATION RESPONSIBLE OFFICER (1) The Executive Director Finance, Strategy and Transformation has overall responsibility for the following Services: • Community Strategy, People and Change • Customer Experience, ICT and Digital • Finance The Head of each of these Services has the delegated powers set out below. The Executive Director – Economy, Enterprise and Operations is also authorised to exercise these delegated powers, Executive Director Finance, Strategy and Transformation Page 344
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51 excepting always any roles for which a qualification is needed or statutory appointments of a single officer. 15. FINANCE DELEGATION RESPONSIBLE OFFICER (1) To determine in light of the provisions of Section 219 of the Housing (Scotland) Act 1992, the rate of interest to be charged on home loans granted in terms of the Housing (Financial Provision) (Scotland) Act 1968 and in terms of the 1992 Act. Chief Financial Officer (2) Advising the Corporate Committee on Administration, Management and Control of the Council’s finances and accounts in accordance with the policies determined by the Council. Chief Financial Officer (3) The functions of the Council including the use of any suitable broking and advisory services relating to the following (and in accordance with the Council’s Financial Regulations where appropriate): (a) Implementing and monitoring the Treasury Management Policy Statement dealing with management of all money and capital market transactions in connection with cash and funding resources of the Council. (b) Negotiating and managing loans raised by the Council; (c) Funds and Investments (including Trust Funds under the control of the Council); (d) Insurance; (e) Banking Arrangements; (f) to select and implement appropriate methods of recovery of rent arrears and sundry debts; (g) Disposing of assets other than property by sale or lease; (h) Considering any reports from the External Auditors and obtaining and considering any comments on them; and (i) Implementing and monitoring the Treasury Management Policy Statement dealing with management of all money and Chief Financial Officer Page 345
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52 capital market transactions in connection with cash and funding resources of the Council. (4) To determine applications for discretionary rates relief from applicants where the organisation meets the statutory regulations and falls within the conditions agreed by Council. Chief Financial Officer (5) To ensure the levying, collection and recovery of arrears of: • Council Tax in accordance with Section 97 of the Local Government Finance Act 1992 and any subsequent amendments/regulations. • Non Domestic Rates in accordance with Local Government Finance Act 1988 and any subsequent amendments/regulations. • Business Improvement District levy under the Planning etc. (Scotland) Act 2006 and any subsequent amendments/regulations. Chief Financial Officer (6) Complete Final Claim for Council Tax Benefit and Housing Benefit Subsidy Chief Financial Officer (7) To supervise the payments and recovery of monies on behalf of the Council. Chief Financial Officer (8) To monitor current expenditure in relation to approved estimates. Chief Financial Officer (9) To determine the arrangements for the payment of debts due by the Council. Chief Financial Officer (10) To complete the Annual Accounts of the Council Chief Financial Officer Executive Director Finance, Strategy and Transformation (11) To allocate approved expenditure to Capital or Revenue accounts at the year end as deemed appropriate. Chief Financial Officer (12) Effect payments in the most efficient way in relation to any taxation implications for the Council and any partner organisation involved in a financial transaction. Chief Financial Officer (13) Effect payments required for the settlement of disputes agreed by the Chief Executive or the Chief Governance Officer. Chief Financial Officer Page 346
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53 (14) Approval of arrangements for staff travelling outwith the United Kingdom on Council business which are not subject to approval by Corporate Committee. Chief Financial Officer (15) Settle any liabilities arising from reviews by the His Majesty’s Revenues and Customs and enter into local agreements with these bodies for the efficient processing of taxation matters. Chief Financial Officer (16) Effect Common Good and Trust Fund payments in consultation with appropriate Members or in accordance with decisions of the Council as appropriate. Chief Financial Officer (17) Procurement Strategy – Future minor amendments delegated to the Chief Financial Officer subject to consultation with Political Group Leaders who will determine whether any particular minor amendment should be reported to the Corporate Committee. Chief Financial Officer (18) Approve the engagement of consultants if the estimated cost is less than £25,000. Chief Financial Officer EQUALITIES (19) To ensure that the Public Sector Equalities duties are incorporated into Council Services. Head of Community Strategy, People and Change CUSTOMER SERVICES (20) To ensure suitable printing, scanning and copying arrangements are in place for Council Services. Head of Customer Experience, ICT and Digital Services 16. HUMAN RESOURCES (HR) INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) AND ORGANISATIONAL DEVELOPMENT DELEGATION RESPONSIBLE OFFICER (1) To review for consideration by the Corporate Committee, proposals for the establishment of new posts that require to be Head of Community Page 347
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54 reported to Committee. This will apply to all posts at or above SCP 92 and where otherwise appropriate. Strategy, People and Change (2) Where not required to be reported to Committee, as set out in (1) above, to approve the establishment of new posts as recommended by the Director/Head of Service to deliver activities specified by the Service Committee to meet Council priorities where budget provision is available. Head of Community Strategy, People and Change (3) To approve changes in designation, hours and grades of posts, provided any financial implications are within the approved budget allocations. Head of Community Strategy, People and Change (4) To approve the necessary administration procedures and documentation to facilitate the Council’s procedures for the release, advertisement and establishment of posts. Head of Community Strategy, People and Change SERVICE CONDITIONS: (5) (a) To apply national circulars. Where there is a choice of action the circular will be sent to Committee. (b) To interpret and authorise the revised conditions of service in respect of employees of Moray Council as approved by the appropriate national negotiating body or agreed locally (c) Authorising all officers, under relevant agreed guidelines and in consultation with Human Resources officers as appropriate to decide the following personnel matters: • special leave, secondment, leave of absence or leave to work abroad; • extending sickness allowance; • recovery of maternity pay, training or relocation expenses • attendance of outside organisations at training courses. Head of Community Strategy, People and Change (6) Using an agreed job evaluation or similar process, to determine the appropriate grade for new posts where re-grading situations arise and determine re-grading applications, provided appropriate allowance is made in the approved estimates of the Council. Head of Community Strategy, People and Change (7) Preparing and maintaining a list of politically restricted posts (Section 2 of the Local Government and Housing Act 1999). Head of Community Strategy, People and Change Page 348
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55 (8) To authorise the acceleration of an employee with their salary, wage, grade (or such extended grade as may be provided for under the relevant conditions of service) who has achieved advancement criteria within a recognised career grade scheme, exceptional performance, or who is temporarily undertaking duties at a higher grade. Head of Community Strategy, People and Change (9) To ensure the proper development, implementation and agreement of Employment Policies and Procedures. Head of Community Strategy, People and Change (10) To determine the suitability of all posts for job share, homeworking or other flexible arrangements. Head of Community Strategy, People and Change (11) To make recommendations on applications for early retirement in the interests of the efficiency of the service, subject to any proposals being referred to the Corporate Committee for consideration. Head of Community Strategy, People and Change (12) To consider and approve, in consultation with the Chief Financial Officer, applications for early retirement where there are no cost implications to the Council. Head of Community Strategy, People and Change (13) To determine applications for retirement on the grounds of ill- health, where a medical view has been obtained from the Council’s Medical Adviser confirming the employee as permanently unfit to carry out the duties of the post. Head of Community Strategy, People and Change (14) To determine requests for payment of pension benefits to former employees who are 50 or over on compassionate grounds under the terms of the Local Government Pension Scheme (Scotland) Regulations 1998. Head of Community Strategy, People and Change (15) (a) To operate Health and Safety checks on work experience placements; (b) To carry out the Council’s Health and Safety objectives and arrangements, providing corporate support for the implementation and management of health and safety legislation, policy and practice across the Council. Head of Community Strategy, People and Change Page 349
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56 (16) To provide and make arrangements for corporate training and development of employees and Elected Members. Head of Community Strategy, People and Change (17) To represent the Council in respect of specific dismissal, disputes, grading and grievance matters at external bodies/tribunals. Head of Community Strategy, People and Change (18) To approve the payment of honoraria to individual members of staff, on the recommendation of the Chief Executive or appropriate Executive Director in accordance with the relevant Council policy. Head of Community Strategy, People and Change (19) To approve expenditure for legal advice for up to 2 hours, charged in accordance with the Law Society of Scotland’s Table of Use for General Business, Chapter 3, Section B + VAT for individual Officers subject to involvement in Police investigations. This delegation is only to apply to any advice obtained during the investigation stage, prior to any charge that may be made and only in circumstances where the Head of Community Strategy, People and Change deems it appropriate. For example, it would not be appropriate to fund such advice there the charge may arise out of actions wholly unconnected with the Officers employment e.g. theft or assault. Head of Community Strategy, People and Change (20) To establish and advise Appeals Panels to consider and determine gradings appeals within the Authority for all non-teaching staff and to approve and implement the outcome of such appeals. Head of Community Strategy, People and Change (21) To prepare and implement appropriate policies regarding the use of Council computers and associated ICT. Head of Community Strategy, People and Change (22) To act as the Confidential Reporting Officer (“Whistle Blowing Officer”) in terms of the Public Interest Disclosure Act 1998. Head of Community Strategy, People and Change (23) To maintain a Register of Employees interests in terms of the Employees Code of Conduct. Head of Community Strategy, People and Change Page 350
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57 (24) To authorise the arrestment of wages in respect of employees of the Council. Head of Community Strategy, People and Change (25) Implement nationally agreed pay awards for Council staff and allowances for Councillors. Head of Community Strategy, People and Change PRESS AND PUBLIC RELATIONS (26) To provide a public relations/communications service on behalf of the Council. Head of Community Strategy, People and Change Page 351
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58 17. CHIEF OFFICER TO THE MORAY INTEGRATION JOINT BOARD The Chief Officer of the Moray Integration Joint Board (MIJB) shall direct and is authorised to take action in connection with any function delegated or specified under the Integration Scheme between Moray Council and NHS Grampian or otherwise conferred on the MIJB by virtue of the Public Bodies (Joint Working) (Scotland) Act 2014, including but not limited to any function directed to any of them by the Scottish Ministers. Note: For Social Care services formally delegated to the MIJB the Chief Officer shall be accountable to the Integration Joint Board for strategic planning, performance, governance and delivery and the Chief Executives of the Health Board and Council respectively for the operational delivery. For those few remaining services not formally delegated to the MIJB the Chief Officer shall be accountable to the Council. The Chief Social Work Officer post has a statutory designation, in terms of the Local Government Act 1995, with responsibility for oversight of all Social Work services, and a direct line of accountability to the Council for the exercise of those responsibilities. The delegations to officers below are given subject to this framework. CHIEF SOCIAL WORK OFFICER DELEGATION RESPONSIBLE OFFICER (1) To act as the Council’s Chief Social Work Officer in terms of the Social Work (Scotland) Act 1968 and associated legislation and guidance. Aspects of the Chief Social Work Officer role may be delegated or exercised in the absence of or on behalf of the statutory officer although the statutory officer remains responsible in terms of legislation. Chief Social Work Officer Note: The Chief Social Work Officer post has a statutory designation, in terms of section 3 of the Social Work (Scotland) Act 1968 as amended, with responsibility for oversight of all Social Work services, and a direct line of accountability to the Council for the exercise of those responsibilities. (2) In terms of this role, the following is authorised: (a) To agree, with the person in charge of the establishment, to place and keep a child in secure accommodation or to Chief Social Work Officer Page 352
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59 implement a relevant order or warrant which includes a secure accommodation authorisation with the consent of the person in charge of the establishment or to remove the child from the secure accommodation if considered necessary or required to do so in terms of sections 151 and 152 of the Children’s Hearings (Scotland) Act 2011 and the Children’s Hearings (Scotland) (Implementation of Secure Accommodation) (Scotland) Regulations 2013 and the Secure Accommodation (Scotland) Regulations 2013. (b) To have the power, in any case of urgent necessity, to direct that a child who is obliged to reside in a specified place be transferred to another place in his/her interests or in the interest of other children in terms of section 143 of the Children (Scotland) Act 2011. SOCIAL CARE SERVICES (3) To operate a procedure as approved by the Council for the receipt and investigation of complaints in terms of Section 5B of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration JointChief Social Work Officer Board (4) To assess need in terms of Section 12A of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (5) To provide home help and laundry facilities in terms of Section 14 of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (6) To recover any charges for services provided where The Council is legally entitled to do so. Chief Officer Moray Integration Joint BoardChief Officer Moray Integration Joint Board (7) To provide services to Disabled Persons in terms of the Disabled Persons’ (Services, Consultations and Representations) Act 1986. Chief Officer Moray Integration Joint Page 353
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60 Board Chief Social Work Officer (8) To assess a carer’s ability to provide, or to continue to provide, care for a disabled child when asked to do so by the carer in terms of Section 24 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (9) To carry out the functions of local authorities in terms of Section 10 of the Adults with Incapacity (Scotland) Act 2000 Chief Officer Moray Integration Joint Board Chief Social Work Officer (10) To take such steps in terms of Section 10 of the Adults with Incapacity (Scotland) Act 2000 as seem necessary to safeguard the property, financial affairs or personal welfare of an adult and to cooperate with the public guardian, mental welfare commission and other local authorities for this purpose in terms of Section 12 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (11) To supervise welfare attorneys in terms of a court order made under Section 20(2)(c) and to apply for an order under Section 20(1) of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (12) To appeal to the Sheriff or the Court of Session in terms of Section 52 of the Adults with Incapacity (Scotland) Act 2000 where necessary. Chief Officer Moray Integration Joint Board Chief Social Work Officer (13) To apply to the Sheriff for an intervention order in terms of Section 53(1), (3) of the Adults with Incapacity (Scotland) Act 2000. Chief Officer – Moray Integration Joint Board Chief Social Work Officer (14) To keep records in terms of Section 54 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Page 354
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61 Social Work Officer (15) To notify the public guardian of any change of address in terms of Section 55 (a) and (b) of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (16) To carry out all necessary notifications in terms of Section 76 of the Adults with Incapacity (Scotland) Act 2000 and to transfer and accept Guardianship Orders to and from other local authorities in terms of Section 76(1) of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (17) To apply for registration of financial intervention orders to the General Register of Sasines or the Land Register of Scotland in terms of Section 56 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (18) To apply for guardianship orders in terms of Section 57 of the Adults with Incapacity (Scotland) Act 2000, including interim orders and deal with any financial implications arising there from all in terms of Section 57 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (19) The power to be appointed as welfare guardian for any adult within the local authority area in terms of Section 59 of the Adults with Incapacity Act (Scotland) 2000 and to discharge the functions as welfare guardian in terms of s64 of the Adults with Incapacity (Scotland) Act 2000, including the power to appoint an officer who shall be responsible in terms of S64 (9) for carrying out the functions and duties of guardian. Chief Officer Moray Integration Joint Board Chief Social Work Officer (20) The power to apply to the Sheriff for renewal of guardianship orders in terms of Section 60 of the Adults with Incapacity Act (Scotland) 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (21) The power to instruct such persons as appropriate to discharge the powers under financial intervention orders applied for under Section 53 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Page 355
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62 Social Work Officer (22) The power to apply to the Sheriff in terms of Section 70 of the Adults with Incapacity (Scotland) Act 2000 in cases of non-compliance of third parties with orders granted on behalf of the local authority. Chief Officer Moray Integration Joint Board Chief Social Work Officer (23) The power to apply to the Sheriff for the replacement or removal of a guardian or the recall of a guardianship order in terms of Section 71 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (24) The power to apply to the Sheriff for variation of guardianship orders in terms of Section 74 of the Adults with Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint Board (25) The power to delegate any of the powers granted under guardianship and intervention orders and any functions under the Adults with Incapacity (Scotland) Act 2000 to the appropriate person in the management structure of the Social Work Department as per Section 56 of the Local Government (Scotland) Act 1973 as amended. Chief Officer Moray Integration Joint Board Chief Social Work Officer (26) To promote joint working and council’s ability to provide health care services and to share budgets with the NHS, Community Care and Health (Scotland) Act 2002. Chief Officer Moray Integration Joint Board (27) To commission, enter into and manage any contacts with External Providers for services in accordance with Financial Regulations and any Joint Commissioning Strategy agreed with the Integration Joint Board for Moray. Chief Officer Moray Integration Joint Board (28) To carry out the functions of the Council as Social Work Authority in terms of Council Policy and the legislative framework set by the Community Care and Health (Scotland) Act 2002. (social care charging) Chief Officer Moray Integration Joint BoardChief Social Work Officer (29) To carry out the functions of the Council as Social Work Authority in terms of Council Policy and the legislative framework set by Mental Chief Officer Moray Page 356
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63 Health (Care and Treatment) (Scotland) Act 2003. (detention, care and treatment of persons with a mental disorder) Integration Joint Board (30) To apply to the Department of Work and Pensions (DWP) for Corporate Appointeeship for clients without capacity in terms of the Social Security (Claims and Payments) Regulations 1987 and to receive and deal with any sums received. Chief Officer Moray Integration Joint BoardChief Social Work Officer (31) To access funds for clients without capacity in terms of Part 3 of the Adults With Incapacity (Scotland) Act 2000. Chief Officer Moray Integration Joint BoardChief Social Work Officer (32) To make inquiries and exercise investigatory powers in terms of Sections 4 and 7-10 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (33) To provide appropriate services in terms of Section 6 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (34) To have the power to apply to a Sheriff for an Assessment Order in terms of Section 11 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (35) To have the power to apply to a Sheriff for a Removal Order in terms of Section 14 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (36) To have the power to apply to a Sheriff for a Banning Order in terms of Section 22 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Page 357
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64 Board Chief Social Work Officer (37) To have the power to apply to a Sheriff for a Warrant for Entry in terms of Section 38 of the Adult Support and Protection (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (38) To implement directions re integrated services received from the Integration Joint Board for Moray in terms of the Public Bodies (Joint Working) (Scotland) Act 2014. Chief Officer Moray Integration Joint Board (39) To provide such information as may reasonably be required by the Chief Officer of the Moray Integration Joint Board to enable planning, monitoring and delivery of integrated services. Chief Officer Moray Integration Joint Board CHILDREN’S SERVICES (40) To supervise and care for persons placed on probation, released from prison etc. and to provide the necessary social background and other reports as required in terms of Section 27 of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (41) To provide aids and adaptations in terms of Section 2 Chronically Sick and Disabled Persons Act 1970 and Section 71 Housing (Scotland) Act 2006. Chief Officer Moray Integration Joint Board Chief Social Work Officer (42) To promote social welfare in terms of Section 12 of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (43) To provide and maintain such residential and other establishments as are required for the Council’s functions, Section 59 of the Social Work (Scotland) Act. Chief Officer Moray Integration Joint Page 358
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65 Board Chief Social Work Officer (44) To recover contributions in respect of children who are looked after by the authority in terms of Section 78A of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (45) To recover contributions that have not been paid in terms of Section 82 of the Social Work (Scotland) Act 1968. Chief Officer Moray Integration Joint Board Chief Social Work Officer (46) To pay allowances in respect of the maintenance of children in terms of Section 50 of the Children Act 1975. Chief Officer Moray Integration Joint Board Chief Social Work Officer (47) To arrange for visits to be made to a child or young person in relation to whom parental rights and responsibilities have been transferred to the council in terms of Section 10 of the Mental Health (Scotland) Act 1994. Chief Officer Moray Integration Joint Board Chief Social Work Officer (48) In consultation with the Chair of the Education, Children’s and Leisure Services Committee and the Chair of the Corporate Committee, to vary kinship allowances in exceptional circumstances. Chief Officer Moray Integration Joint Board Chief Social Work Officer (49) To assess the need for the provision of social work services to any young person reaching school leaving age who is regarded as disabled in terms of the Education (Additional Support for Learning) (Scotland) Act 2004. Chief Officer Moray Integration Joint Board Chief Social Work Officer (50) To safeguard and promote the welfare of children looked after by the Council in terms of Section 17 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Page 359
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66 Board Chief Social Work Officer (51) To prepare and publish a plan for the provision of relevant services for, or in respect of, children in the Council’s area in terms of Section 19 of the Children (Scotland) Act 1995; Chief Officer Moray Integration Joint Board Chief Social Work Officer (52) To prepare and publish information about relevant services for children in the Council’s area in terms of Section 20 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (53) To request help in exercise of any functions that the Council has under Part II of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (54) To provide services to safeguard and promote the welfare of children who are in need and to promote the upbringing of such children by their families in terms of Section 22 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (55) To ensure that services provided under Section 22 of the Children (Scotland) Act 1995 to a child with or affected by a disability are designed to minimise the effect of his/her disability, or to minimise the effect of the disability of a family member on the child and to provide the opportunity for the child to lead as normal a life as possible in terms of Section 23(1) of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (56) To carry out an assessment (if asked to do so by the child’s parent or guardian) of the child with or affected by disability or any other person in his/her family in order to ascertain the child’s needs as in so far as they are attributable to his/her disability of that of another person in terms of Section 23(3) of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (57) To provide accommodation for children in terms of Section 25 of the Children (Scotland) Act 1995. Chief Officer Moray Page 360
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67 Integration Joint Board Chief Social Work Officer (58) To provide accommodation for children looked after by the Council in terms of Section 26 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (59) To provide day care for children in need within the Council’s area who are aged 5 or under and who have not yet started school in terms of Section 27(1) of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (60) To provide appropriate care for school children in need within the Council’s area outside school hours or during school holidays in terms of Section 27(3) of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (61) To provide advice, guidance and assistance for children under 19 years of age but over school age who were previously in the care of a Council or voluntary organisation in terms of Section 29 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (62) To provide financial help towards maintaining, educating or training formerly looked after people over school age in terms of Section 30 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (63) To review cases of children looked after by the Council in terms of Section 31 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer Page 361
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68 (64) Upon receipt of notification in terms of Section 36(1) of the Children (Scotland) Act 1995 to determine whether the child’s welfare is adequately safeguarded and whether to exercise any functions under the Act in terms of Section 36(2). Chief Officer Moray Integration Joint Board Chief Social Work Officer (65) To have the power to provide short-term refuge to children who appear to be at risk of harm and who themselves request to be provided with such refuge in terms of Section 38 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (66) To make enquiries and provide information to the Reporter to the Children’s Panel where children may require compulsory measures of supervision in terms of Section 53 and 56(1) of the Children (Scotland) Act 1995 or section 60 of the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (67) To have the power to apply to a Sheriff for a child assessment order in terms of section 55 of the Children (Scotland) Act 1995 or Section 35 of the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (68) To provide reports on children and their social background for a Children’s Hearing in terms of Section 56(2) and/or (7) of the Children (Scotland) Act 1995 or Section 66 of the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (69) To have the power to apply for a child protection order in terms of Section 57 of the Children (Scotland) Act 1995 or Section 37 and/or Section 38 of the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (70) To provide and maintain such residential and other establishments as are required for the Council’s functions in terms of Section 59 of the Social Work (Scotland) Act 1968 or under Part II of the Children (Scotland) Act 1995, or arrange for the provision of such establishments. Chief Officer Moray Integration Joint Board Chief Social Work Officer (71) To have the power to apply to a Justice of the Peace for an emergency child protection authorisation in terms of Section 61 of Chief Officer Moray Integration Joint Page 362
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69 the Children (Scotland) Act 1995 or section 55 of the Children’s Hearings (Scotland) Act 2011. Board Chief Social Work Officer (72) To put into effect a supervision requirement made by a Children’s Hearing in terms of Section 71(1) of the Children (Scotland) Act 1995 and to recommend a review of such a supervision requirement or ask for an advice hearing to be held in terms of Section 73(4) of the Children (Scotland) Act 1995; or to give effect to a compulsory supervision order (including an interim order) in terms of section 83 of the Children’s Hearings (Scotland) Act 2011 and to require a review of such a compulsory supervision order in terms of section 131 of the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (73) To have the power to apply to a Sheriff for an exclusion order in terms of Section 76 of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (74) To have the power to apply for the attachment of a power of arrest at any time while an exclusion order has effect in terms of Section 78(2) of the Children (Scotland) Act 1995. Chief Officer Moray Integration Joint Board Chief Social Work Officer (75) To approve or de-register foster carers and to pay fostering allowances to approved foster carers under the Looked After Children (Scotland) Regulations 2009. Chief Officer Moray Integration Joint Board Chief Social Work Officer (76) To provide a service, in collaboration with Health and Voluntary sector agencies to those who misuse or are affected by those who misuse drugs and alcohol. Chief Officer Moray Integration Joint Board Chief Social Work Officer (77) To work with the Head of Community Strategy, People and Change to ensure the adequate provision of professional training for staff working in Social Work services. Chief Officer Moray Integration Joint Board Chief Social Work Officer Page 363
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70 (78) To carry out the functions of the Council as Social Work Authority in terms of Council policy and the legislative framework set by Section 6 Children (Leaving Care) Act 2000. Chief Officer Moray Integration Joint Board Chief Social Work Officer (79) To carry out the functions of the Council as Social Work Authority in terms of Council policy and the legislative framework set by the Regulations and Guidance for Leaving Care 2004 and the Education (Additional Support for Learning) (Scotland) Act 2004. Chief Officer Moray Integration Joint Board Chief Social Work Officer (80) To have the power to instruct the Council’s solicitors to apply to a Sheriff for a Permanence Order relating to a child in terms of section 80 of the Adoption and Children (Scotland) Act 2007 and for any interim order, variation or revocation thereof and when deemed appropriate to represent the Council at those proceedings. Chief Officer Moray Integration Joint Board Chief Social Work Officer (81) To exercise rights and fulfil responsibilities granted to the local authority under any Permanence Order granted in terms of Section 80 of the Adoption and Children (Scotland) Act 2007 while the Order remains in force. Chief Officer Moray Integration Joint Board Chief Social Work Officer (82) To provide an adoption service and undertake the duties of an adoption agency in terms of relevant legislation. Chief Officer Moray Integration Joint Board Chief Social Work Officer (83) To prepare and publish a plan for the provision of an adoption service in terms of Section 4 of the Adoption and Children (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (84) To assess, plan, provide and review post adoption support services in terms of Section 9, 10, 45, 47 and of the Adoption and Children (Scotland) Act 2007 and the Adoption Support Services in Allowances (Scotland) Regulations 2009. Chief Officer Moray Integration Joint Board Chief Social Work Officer Page 364
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71 (85) To pay adoption allowances in terms of section 71 of the Adoption and Children (Scotland) Act 2007 and the Adoption Support Services and Allowances (Scotland) Regulations 2009. Chief Officer Moray Integration Joint Board Chief Social Work Officer (86) In consultation with the Chief Governance Office4r, to pay reasonable legal expenses in relation to contested adoptions. Chief Officer Moray Integration Joint Board Chief Social Work Officer (87) Having regard to all relevant matters, to consider whether adoption is in the best interest of a child or whether there is better practicable alternative in terms of Section 14 of the Adoption and Children (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (88) To investigate the circumstances of and submit a report to the court in respect of a child for whom an Adoption Order is being sought in terms of Sections 17 and 19 of the Adoption and Children (Scotland) Act 2007. Chief Officer Moray Integration Joint Board Chief Social Work Officer (89) To manage and implement the Council’s statutory responsibilities in terms of the Children (Scotland) Act 1995 and the Children’s Hearings (Scotland) Act 2011. Chief Officer Moray Integration Joint Board Chief Social Work Officer (90) To make appointments to the Permanence Panel in relation to adoption and fostering, in terms of the Adoption Agencies (Scotland) Regulations 2009 and the Looked after Children (Scotland) Regulations 2009. Chief Officer Moray Integration Joint Board Chief Social Work Officer (91) In terms of this role, the following is authorised: (a) To agree, with the person in charge of the establishment, the period during which a child shall be liable to be placed and kept in secure accommodation in terms of Section 70(9) and 70(10) of the Children (Scotland) Act 1995 or to implement a relevant order or warrant which includes a secure accommodation authorisation with the consent of the person Chief Officer Moray Integration Joint Board Chief Social Work Officer Page 365
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72 in charge of the establishment or to remove the child from the secure accommodation if considered necessary or required to do so in terms of section 151 of the Children’s Hearings (Scotland) Act 2011 and the Children’s Hearings (Scotland) (Implementation of Secure Accommodation) (Scotland) Regulations 2013; and (b) To have the power, in any case of urgent necessity, to direct that a child who is obliged to reside in a specified place be transferred to another place in his/her interests or in the interest of other children in terms of Section 72(1) of the Children (Scotland) Act 1995 or section 143 of the Children (Scotland) Act 2011. Page 366
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73 APPENDIX 1 Environmental Services – List of Relevant Legislation · Animal Health and Welfare (Scotland) Act 2006 - Sections 32A – 32M – Authorisation of legal persons · Agriculture (Miscellaneous Provisions) Act 1968 · Animal Boarding Establishments Act 1963 · Animal By-Products (Enforcement)(Scotland) Regulations 2011 · Animal By-Products (Scotland) Regulations 2003 · Animal Health Act 1981 · Animal Health and Welfare (Scotland) Act 2006 · Animal Health and Welfare Act 1984 · Breeding and Sale of Dogs (Welfare) Act 1999 · Breeding of Dogs Act 1973-91 · Burial & Cremation(Scotland) Act 2016 · Burial Grounds (Scotland) Act 1855 · Caravan Sites Act 1968 · Caravan Sites and Control of Development Act 1960 · Civic Amenities (Scotland) Act 1982 · Civic Government (Scotland) Act 1982 · Clean Air Act 1993 · Contaminated Land (Scotland) Regulations 2000-2005 · Control of Dogs (Scotland) Act 2010 · Control of Pollution (Amendment) Act 1989 · Control of Pollution Act 1974 · Dangerous Dogs Act 1991 · Dangerous Wild Animals Act 1976 · Dogs Act 1906-28 · Environment Act 1995 · Environmental Protection Act 1990 · Food and Environment Protection Act 1985 · Food Hygiene (Scotland) Regulations 2006 · Food Information (Scotland) Regulations 2014 · Food Safety Act 1990 · General Food Regulations 2004 · General Product Safety Regulations 2005 · Health and Safety at Work etc. Act 1974 · Housing (Scotland) 1987 · Housing (Scotland) Act 2006 · Housing (Scotland) Act 2006 (Housing Standards, Repairing Standard, Works Notices, maintenance orders and enforcement for Houses in Multiple Occupation, Licensing of HMO ). · Imported Food Regulations 1997 · National Health Service Amendment Act 1986 · Noise and Statutory Nuisance Act 1993 · Offices, Shops and Railway Premises Act 1963 · Official Feed and Food Controls (Scotland) Regulations 2009 Page 367
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74 · Performing Animals (Regulations) Act 1925 · Pet Animals Act 1951 · Prevention of Damage by Pest Acts 1949 · Private Water Supplies (Grants) · Private Water Supplies (Notices) (Scotland) Regulations 2006 · Private Water Supplies (Scotland) Regulations 2006 · Products of Animal Origin (Import and Export) Regulations 1996 · Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 · Protection of Animals (Scotland) Act 1912 · Public Health (Scotland) Act 2008 (restates the functions relating to the protection of public health) · Public Health etc. (Scotland) Act 2008 · Radioactive Substances Act 1960 · Refuse Disposal (Amenity) Act 1978 · Riding Establishments Act 1964-1970 · Sewerage (Scotland) Act 1968 · Smoking Prohibition (Children and Motor Vehicles) (Scotland) Regulations 2016 · Smoking, Health and Social Care (Scotland) Act 2005 · The Spirit Drinks Regulations 2008 · The Scotch Whisky Regulations 2009 · The Countryside Act 1968 · The Dog Fouling (Scotland) Act 2003 · The Food (Scotland) Act 2015 · The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 · Trade in Animals and Related Products (Scotland) Regulations 2012 · TSE (Scotland) Regulations 2010 · Water (Scotland) Act 1980 · Water Act 1989 · Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 · Zoo Licensing Act 1981 · Scottish Food Law Guide https://www.foodstandards.gov.scot/sites/default/files/migration/downloads/Food_Law_Guide_- _8_May_2025.pdf · Animal Service Officers will be authorised to act in terms of the Dog Fouling (Scotland) Act 2003 and any Orders, Regulations, Statutory Instruments or other subordinate legislation made thereunder • Environment Act 1995 • Public Health etc. (Scotland) Act 2008 • Offices, Shops and Railway Premises Act 1963 • Prevention of Damage by Pest Acts 1949 • Civic Government (Scotland) Act 1982 • Water (Scotland) Act 1980 • Environmental Protection Act 1990 • Control of Pollution Act 1974 • Food and Environment Protection Act 1985 Page 368
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75 • Civic Amenities (Scotland) Act 1982 • Health and Safety at Work etc. Act 1974 • Noise and Statutory Nuisance Act 1993 • Food Safety Act 1990 • The Countryside Act 1968 • Clean Air Act 1993 • Caravan Sites and Control of Development Act 1960 • Sewerage (Scotland) Act 1968 • National Assistance Act 1948 • Radioactive Substances Act 1960 • Riding Establishments Act 1964-1970 • Housing (Scotland) 1987 • Breeding of Dogs Act 1973-91 • Burial Grounds (Scotland) Act 1855 • Caravan Sites Act 1968 • Pet Animals Act 1951 • Animal Boarding Establishments Act 1963 • Dogs Act 1906-28 • Animal Health Act 1981 • Dangerous Wild Animals Act 1976 • General Product Safety Regulations 2005 • Animal Health and Welfare (Scotland) Act 2006 • Housing (Scotland) Act 2006 • European Communities Act 1972 • Meat (Enhanced Enforcement Powers) (Scotland) Regulations 2000 • TSE (Scotland) Regulations 2002 • Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 • Products of Animal Origin (Import and Export) Regulations 1996 • Imported Food Regulations 1997 • Food Hygiene (Scotland) Regulations 2006 • Animal By-Products (Enforcement)(Scotland) Regulations 2011 • Agriculture (Miscellaneous Provisions) Act 1968 • Protection of Animals (Scotland) Act 1912 • Animal Health and Welfare Act 1984 • Animal Health and Welfare (Scotland) Act 2006 - Sections 32A – 32M – Authorisation of legal persons • Breeding and Sale of Dogs (Welfare) Act 1999 • Performing Animals (Regulations) Act 1925 • Refuse Disposal (Amenity) Act 1978 • Official Feed and Food Controls (Scotland) Regulations 2009 • Control of Pollution (Amendment) Act 1989 • National Health Service Amendment Act 1986 • Water Act 1989 • Private Water Supplies (Scotland) Regulations 2006 • Zoo Licensing Act 1981 Page 369
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76 • The Prohibition of Smoking in Certain Premises (Scotland) Regulations 2006 • General Food Regulations 2004 • Smoking, Health and Social Care (Scotland) Act 2005 • Animal By-Products (Scotland) Regulations 2003 • Private Water Supplies (Grants) (Scotland) Regulations 2006 • Private Water Supplies (Notices) (Scotland) Regulations 2006 • The Dog Fouling (Scotland) Act 2003 • Contaminated Land (Scotland) Regulations 2000-2005 • Public Health (Scotland) Act 2008 (restates and amends the law on public health, makes provision about mortuaries and disposal of bodies, makes provision for the control of sun beds, amends the law relating to statutory nuisances and requires local authorities to designate competent persons to exercise the functions relating to the protection of public health. • Housing (Scotland) Act 2006 (requires the local authority to authorise officers to deal with various issues including Housing Standards, Repairing Standard, Works Notices, maintenance orders and enforcement for Houses in Multiple Occupation) (for licensing of HMO see para 8(18). • The two Animal Service Officers will be authorised to act in terms of the Dog Fouling (Scotland) Act 2003 and any Orders, Regulations, Statutory Instruments or other subordinate legislation made thereunder • Control of Dogs (Scotland) Act 2010 • Dangerous Dogs Act 1991 • Trade in Animals and Related Products (Scotland) Regulations 2012 • Food Information (Scotland) Regulations 2014 • Smoking Prohibition (Children and Motor Vehicles) (Scotland) Regulations 2016 • Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 Page 370
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77 APPENDIX 2 Trading Standards – List of Relevant Legislation • Agriculture Act 1970 • Antisocial Behaviour etc. (Scotland) Act 2004 • Children and Young Persons (Protection from Tobacco) Act 1991 • Civic Government (Scotland) Act 1982 • Companies Acts 1985 and 2006 • Construction Products Regulations 2013 • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 • Consumer Credit Acts 1974 and 2006 • Consumer Protection Act 1987 • Consumer Protection from Unfair Trading Regulations 2008 • Consumer Rights Act 2015 – the undernoted powers in relation to “the enforcer’s legislation” as defined in Schedule 5: (i) Power to require the production of information (ii) Power to purchase products (iii) Power to observe carrying on of business etc. (iv) Power to enter premises without warrant (v) Power to inspect products (vi) Power to test equipment (vii) Power to require the production of documents (viii) Power to seize and detain goods (ix) Power to seize documents required as evidence (x) Power to break open containers etc. (xi) Power to enter premises with warrant (xii) Power to require assistance from person on premises ▪ Consumer Rights Act 2015 (Enforcement) (Amendment) Order 2023 • Consumers, Estate Agents and Redress Act 2007 • Copyright, Designs and Patents Act 1988 • Cosmetic Products Enforcement Regulations 2013 • Dangerous Substances and Explosive Atmospheres Regulations 2002 • The Digital Markets, Competition and Consumers Act 2024 • Energy Act 1976 • Energy Information Regulations 2011 • Energy Performance of Buildings (Scotland) Regulations 2008 • Enterprise Act 2002 • Environmental Protection Act 1990 • Environmental Protection (Single-use Vapes) (Scotland) Regulations 2024 • Estate Agents Act 1979 • European Communities Act 1972 Formatted: Font: Aptos Page 371
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78 • Explosives Regulations 2014 • Fireworks Act 2003 • Fireworks and Pyrotechnic Articles (Scotland) Act 2022 • Fireworks Regulations 2004 • Fireworks (Safety) Regulations 1997 • General Product Safety Regulations 2005 • Hallmarking Act 1973 • Health and Safety at Work Etc. Act 1974, Sections: 20 – Power of Entry 21 – Improvement Notices 22 – Prohibition Notices 23 – Causes of Imminent danger • Health and Safety (Enforcing Authority) Regulations 1998 • Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 • Housing (Scotland) Act 2006, Part 3 and Schedule 3 • Manufacture and Storage of Explosives Regulations 2005 • The Package Travel and Linked Travel Arrangements Regulations 2018 • The Package Travel, Package Holidays and Package Tours Regulations 1992 • Petroleum (Consolidation) Regulations 2014 • Prices Acts 1974 and 1975 • Product Safety and metrology Etc. (Amendment Etc.) (EU Exit) Regulations 2019 • Psychoactive Substances Act 2016 • Regulatory Enforcement and Sanctions Act 2008 • Sale of Spray Paint (Display of Warning Statement) (Scotland) Regulations 2004 • Sale of Tobacco (Display of Tobacco Products and Price etc.) (Scotland) Regulations 2013 • Single Use carrier Bags Charge (Scotland) Regulations 2014 • Timeshare Act 2010 • Tobacco Advertising and Promotion Act 2002 • Tobacco and Related Products regulations 2016 • Tobacco and Primary Medical Services (Scotland) Act 2010 • Tobacco Products (Traceability and Security Features) (Amendment) Regulations 2023 • Trade Marks Act 1994 • Vehicles (Crime) Act 2001 • Video Recordings Acts 1984, 1993 and 2010 Weights and Measures Act 1985 • Agriculture Act 1970 • Agricultural Product (Grading and Marking) Act 1928 • Antisocial Behaviour etc. (Scotland) Act 2004 • Children and Young Persons (Protection from Tobacco) Act 1991 Page 372
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79 • Children and Young Persons (Scotland) Act 1937 • Civic Government (Scotland) Act 1982 • Companies Acts 1985 and 2006 • Construction Products Regulations 2013 • Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 • Consumer Rights Act 2015 – the undernoted powers in relation to ‘the enforcer’s legislation’ as defined in Schedule 5: (i) Power to require the production of information (ii) Power to purchase products (iii) Power to observe carrying on of business etc. (iv) Power to enter premises without warrant (v) Power to inspect products (vi) Power to test equipment (vii) Power to require the production of documents (viii) Power to seize and detain goods (ix) Power to seize documents required as evidence (x) Power to break open container etc. (xi) Power to enter premises with warrant (xii) Power to require assistance from person on premises • Consumers, Estate Agents and Redress Act 2007 • Copyright, Designs and Patents Act 1988 • Cosmetic Products Enforcement Regulations 2013 • Energy Act 1976 • Energy Information Regulations 2011 • Energy Performance of Buildings (Scotland) Regulations 2008 • Enterprise Act 2002 • European Communities Act 1972 • Explosives Regulations 2014 • Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 • Fireworks Act 2003 • Food (Hygiene and Enforcement) (Scotland) Regulations 2005 • Food & Environmental Protection Act 1985 • Health and Safety at Work Etc Act 1974, Sections: 20 – Power of Entry 21 – Improvement Notices 22 – Prohibition Notices 23 – Causes of Imminent Danger • The Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 • Housing (Scotland) Act 2006, Part 3 and Schedule 3 • The Manufacture and Storage of Explosives Regulations 2005 • Official Feed and Food Controls (Scotland) Regulations 2005 • Petroleum (Consolidation) Regulations 2014 • The Psychoactive Substances Act 2016 • Regulatory Enforcement and Sanctions Act 2008 • Sale of Spray Paint (Display of Warning Statement) (Scotland) Regulations 2004 Page 373
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80 • Single Use Carrier Bags Charge (Scotland) Regulations 2014 • Tobacco Advertising and Promotion Act 2002 • Tobacco and Primary Medical Services (Scotland) Act 2010 • Vehicles (Crime) Act 2001 • Weights and Measures Acts 1985 Page 374
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: Tracey Sutherland Contact Email: tracey.sutherland@moray.gov.uk Subject: Outside Body Appointments 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to consider and agree whether to make appointments to the Outside Body vacancies as detailed in paragraph 5. 1.2 This report is submitted to Council in terms of Section II (12) of the Council’s Scheme of Administration relating to appointments to Outside Bodies 2. SUMMARY 2.1 At the meeting of Moray Council on 4 December 2024, it was agreed that a review of the Outside Bodies would be undertaken to determine if representatives of the Council were still required (para 15 of the minute refers). 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) consider and note the outside body vacancies and those no longer requiring representation; ii) agree whether to appoint to the vacancies on Scotland Excel and Moray Woman’s Aid; iii) agree whether to appoint to Scottish Councils Committee on Radioactive Substances; and iv) if agreeing to appoint, agree who will represent the Council. Tracey Sutherland Service Manager Democratic Services Item 19. Page 375
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4. BACKGROUND AND CONTEXT 4.1 Following the Council meeting in December 2024, Officers wrote to all Outside Bodies whom have Council representatives and asked if they still required representation from the Council. 4.2 There are currently 33 Outside Bodies with Elected Members sitting on them. 4.3 3 Outside bodies have indicated that they no longer require Elected Member representation and these are detailed in para 5.5. 5. PROPOSALS 5.1 Due to resignations, the following current Outside Bodies have vacancies: • Scotland Excel • Moray Woman’s Aid – 2 Directors (previously 1 Director and 1 Observer) • Moray Leisure Centre Board 5.2 A representative has also been sought for the Scottish Councils Committee on Radioactive Substances (SSCCORS). Further information on the organisation is detailed below. A representative was previously sought and the decision of the Council on 27 September 2017 was not to appoint a representative (para 17 of the minute refers). 5.3 SSCCORS has three key elements within its remit: • to provide a mechanism to identify a common, Scottish local authority viewpoint on matters relating to radioactive substances, in particular radioactive waste management • to act as an interface with the Scottish Government, Scottish Parliament and regulatory bodies as they consult on radioactive waste management and clean-up policy and practice; and • to influence national policy on radioactive waste management in the interests of the communities affected. 5.4 Scottish local authorities are being encouraged to appoint one elected member to SCCORS but in addition, are encouraged to nominate officer representation (one or more) to also attend meetings and receive Committee communications. Current officer representation is from a range of service areas including environmental health, emergency planning, land use planning (including waste planning) and economic development/regeneration. The Committee holds two meetings per year, and participates in other subject-specific events as matters arise. 5.5 The following Outside Bodies have confirmed that they no longer require Elected Member representation: • Local Space Leadership Group (Councillor Macrae) • Highlands and Islands European Partnership (Councillor Harris) Page 376
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• Highlands and Islands Territorial Committee (Councillor Warren) 5.6 With regards to the vacancy on the Moray Leisure Centre Board the Articles and Memorandum 13 May 1994 state: “that the ratio of directors appointed by the District Council on the one part to the total number of directors of the company on the other part does not at any time fall below the ratio of 3:7 (in other words, so that there is at no time on the Board, less than three directors appointed by the District Council for every seven directors on the Board in total).” 5.7 The recent resignation means there is a vacancy for another Councillor to be allocated to the Board of Directors. Given the current review of Moray Leisure Limited’s governing documents it is suggested that this vacancy is not filled at present. The Board are in agreement with this position. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. Page 377
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☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal None 6.4 Financial There are no financial implications. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 6.5 Risk None. 6.6 Staffing There are no staffing implications 6.7 Best Value and Transformation None 6.8 Property None 6.9 Information Communications/Technology/Digital None 6.10 Equalities, Social Inclusion and Economic Impact None 6.11 Climate Change and Biodiversity Impacts None 7. CONSULTATION Page 378
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7.1 This report has been prepared in consultation with the Corporate Leadership Team and Chief Governance Officer and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 None Page 379
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Education, Housing and Communities Author: Kim Slater Contact Email: kim.slater@moray.gov.uk Subject: Libraries, Learning Centres and Heritage Service Transformation 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to provide Council with a progress update on the Libraries, Learning Centres and Heritage Service Transformation and seek approval to progress with the proposed new operating model for the Service. 1.2 This report is submitted to Council in terms of Section III (D) (24) (25) of the Council’s Scheme of Administration relating to exercise the statutory duties of the Council to secure adequate provision of libraries and maintain the Council’s Archives and to deal with matters related to the provision of library and local heritage services. 2. SUMMARY 2.1 This report is to provide Council with an update on the transformation journey of the Libraries, Learning Centres and Heritage Service since February 2025 and to seek approval to progress with the proposed tiered operating model which will provide a more standardised and efficient model for the future based on evidence and need. 3. RECOMMENDATIONS 3.1 It is recommended that Council: i) consider and note progress on the Libraries, Learning Centres and Heritage transformation journey; ii) consider the proposed tiered operating model and based on the information provided agree to proceed with Option 2 as set out in the report; and iii) note that further reports will be brought to Council to consider future transformation changes such as co-location when opportunities are identified. Item 20. Page 381
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Kim Slater Service Manager Leisure and Culture 4. BACKGROUND AND CONTEXT 4.1 At the meeting of Moray Council on 19 February 2025, the Council agreed to retain all 11 library branches and work with communities to engage in developing a sustainable transformation for this service (para 21 of the minute refers). 4.2 Since February 2025, Officers have established library user groups in all 11 library branches across Moray. Terms of reference have been established for these user groups and all groups, bar Dufftown (as set up recently), have now met three times with all groups being supported by Local Members. 4.3 Officers have been requested to ensure that future user group meetings do not clash with Council meeting dates to enable Local Members to have the ability to support their local branch meetings. 4.4 It is acknowledged that it will take time to develop trusted and open relationships within and across these groups. However, engagement from the users to date has been most welcome and key actions have been identified following these meetings that the Service are taking forward such as improved marketing of the service offering, archive and heritage connection developments, understanding the user data and trialling more teenage activities. The Service are also keen to explore additional opportunities to consider outwith opening hours through utilisation of volunteers as long as this can be done at no additional cost to the Council. 4.5 The Energy Officer has approximated the hourly energy costs for each of the existing 11 branches based on previous usage/charges. If extension of additional hours through volunteer keyholder procedures were to be considered, budget to offset these energy costs would require to be identified and guaranteed prior to approval. 4.6 The initial discussion topics of the user group meetings have been on the new tiered model, opening hours, co-location and the core service offering. Meeting notes from all user group meetings are available as background papers, however a summary of emerging key themes is as follows; • The importance of retaining all libraries for all ages and abilities – whether that be for reading/research, digital learning, reducing social isolation, improving mental health, for general help or simply as a warm free space. • Ensure flexibility in opening hours to accommodate different schedules of users • Aligning opening hours with community activities and local business operations (will continue to consider and develop this as part of user group meetings) • Utilisation of existing spaces and making them more flexible and adaptable for multi- functional usage • Mixed views on co-location within schools due to safety and accessibility concerns but acknowledge intergenerational opportunities 4.7 The intention is for the user groups to meet at least 4 times per year. An ongoing user group communication channel between users and Officers is being established to ensure continued momentum between meetings to ensure progress and accountability. To date, only initial Page 382
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discussions have taken place on co-location opportunities. Further discussions will be developed and investigated on this and a further report will be taken back to Council in due course for consideration. 4.8 In regards to ongoing transformation since February 2025 the Service can advise of the following main developments; • Implementation of the new Business Hub at Elgin Library following receipt of external funding through the Public Library Improvement Fund and joint partnership working. Delivered presentation on this nationally at a seminar as a best practice model. • New e-resource contract with Borrowbox which provides a wider range of ebooks, eaudiobooks, digital magazines and newspapers available to library members for free. Utilisation rates since implementation higher than previous contract levels. • Ongoing discussions to ensure the new Early Years STEM facility at Elgin Library compliments and aligns with the Libraries and Learning Centre team plan and priorities and that the facility is utilised as optimally as possible by services and partners such as Adult and Family Learning. • Various Lead Officer vacancy recruitment. • Securing UK Shared Prosperity funding to work with communities to digitise archive material and develop new opportunities. • New addition to our digital resources, Ancestry Library Edition and British Newspaper Archive, which enables members to search UK records for births, deaths, marriages, military records, historical newspapers and much more within our branches. • Funding application successful to pilot a gaming and e-sports hub in Elgin Library for our younger audience. This was a proposal that stemmed from the user group discussions which reflects the value these groups are making to future service direction. • Lossiemouth Library continues to further strengthen and develop the joint school/community usage. Over recent months consultation with pupils on the value of libraries and improvements on service provision for this age group have been identified. Blinds have been installed in the facility to reduce distraction during the likes of storytime sessions when the canteen area is busy. A programme of intergenerational activities are being delivered for this academic year linking school and community usage to a greater extent. Library ambassadors are set to be established as well as the potential development of a digital help hub. 5. PROPOSALS Opening Hours 5.1 All 11 library branches currently operate in total for up to 241hrs per week. The current model has 8 different weekly opening hours across our 11 branches with no criteria to justify the 72% variation across the branches. 5.2 In addition, the service also have 32 contracted staff (21 of which are on permanent contracts and 11 on temporary contracts) that work as Library and Information Assistants (LIA’s) across the 11 branches. There are currently 15 different contractual weekly hours across the 32 employees presenting a 47% variation. Due to this all 11 branches are operating different staffing rota systems. Page 383
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5.3 The variation levels of opening times, staff contractual hours and rota systems presents service inefficiencies and challenges such as; - challenges in regards to staff cover - evening/weekend (enhanced time) staffing variations - rest/meal break variations - significant variation of volume of staff working each shift which presents lack of consistency - varying allocation of admin time within and outwith opening hours 5.4 It is proposed to proceed with a new tiered operating model which is based on population, current footfall, loans and membership through an approach that is applied consistently across all library branches. The rationale for the new tiered operating model will ensure a standard and consistent system across the 11 branches, providing an equitable allocation of opening hours that reflects community use based on factual information contained within Appendix 1. 5.5 Once a decision on the tiered model proposal has been determined, Officers will continue working with each user group to identify opening hours for each branch within its allocation and will use Moray Engage to undertake a wider consultation on the proposed new opening hours as well as a paper copy survey in branches. For those public libraries within the learning estate (Burghead, Tomintoul, Fochabers and Lossiemouth) agreement of new opening hours will also require consultation with the respective Head Teacher. 5.6 The proposal will enable a clear staffing structure to be implemented dependant on the volume of opening hours and core service delivery offered thus ensuring a more balanced staffing model across all branches and ensuring working conditions and systems are equitable for all staff. 5.7 The evidence for the new tiered operating model proposal is contained within Appendix 1. There are 2 options for consideration by Members in regards to the construct of the opening hours for each tiered level. This is due to the fact that after consultation with user groups on the original proposal (Option 1) concerns were raised about the scale of the impact on the Keith branch in particular which equated to a 33% reduction in weekly opening hours. Moray Council received a petition from the Save Keith Library group in regards to this initial proposal. Although the petition was not eligible for consideration under the Council’s petitions process Officers recognised the strength of feeling in the community in regards to the proposal. Based on this feedback, further work was undertaken by Officers which has resulted in a revised option being brought forward (Option 2). Officers recommend progressing with Option 2 based on the fact that the impact of the changes will be spread across 4 branches rather than 2 branches. A summary of the 2 options is displayed below; Option 1 Option 1 Option 2 Option 2 Library Current Opening Hours Current Staffing Hours Tier Proposed Opening Hours Proposed Staffing Hours and Proposed Opening Hours Proposed Staffing Hours Page 384
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and (no. of LIA staff) and increase/ decrease /same hrs (+,-,=) (no. of LIA staff) and increase/ decrease /same hrs (+,-,=) and (no. of LIA staff) Aberlour 16 34 (2) 2 20 (+) 36.5 (2) 24 (+) 44 (2) Buckie 36 72.25 (5) 3 36 (=) 92.5 (4) 36 (=) 89.5 (4) Burghead 8 10.5 (1) 1 12 (+) 13 (1) 10 (+) 11 (1) Cullen 12 14 (1) 1 12 (=) 13 (1) 10 (-) 11 (1) Dufftown 10 13 (1) 1 12 (+) 13 (1) 10 (=) 11 (1) Elgin 56 (although currently open 53) 200 (8) 4 48 (-) 183.20 (8) 48 (-) 183.20 (8) Fochabers (Milnes) 10 20 (2) 1 12 (+) 13 (1) 10 (=) 11 (1) Forres 36 106 (6) 3 36 (=) 112.5 (5) 36 (=) 108.5 (5) Keith 30 56 (3) 2 20 (-) 36.5 (2) 24 (-) 44 (2) Lossie- mouth 16 27 (2) 2 20 (+) 36.5 (2) 24 (+) 44 (2) Tomintoul 11 11 (1) 1 12 (+) 13 (1) 10 (-) 11 (1) Total 241 563.75 (32) 240 562.70 (29) 242 568.20 (28) 5.8 As reflected in the above table, the weekly staffing requirement of contractual hours does increase by 4.45hrs (for Option 2) per week. However this can be offset from the relief hours budget as 10hrs are being utilised on a weekly basis at present to operate the branches over and above sickness and annual leave cover. 5.9 Once a decision on the tiered model proposal has been determined a Change Management Plan will be undertaken. The Change Management Plan is the Council process that is required to be followed for all staff during organisational change. Staff and trade union consultation is part of the Change Management Plan process. 5.10 Due to the ongoing uncertainty in recent years on the future of this Service, Libraries, Learning Centres and Heritage staff have been recruited onto temporary contracts. As part of the Change Management Plan there would be no redundancy requirements as all permanent staff would be matched into new contracts and temporary staff would have the ability to note their interest to vacancies once permanent staff matching was completed. The intention would be to fill all established Libraries, Learning Centre and Heritage posts on a permanent basis following this Change Management Plan. The Service would continue to recruit relief staff as required to cover annual leave and sickness for contractual staff. Page 385
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5.11 As was discussed and agreed with the library user groups and staff focus group, this new operating model and staffing system would be reviewed in 12months and changes applied as required. Ongoing management of hours to ensure alignment to community need will be a standard agenda point at the user group and staff focus meetings. 5.12 The desired timeline in regards to implementation of this proposal if approved is anticipated as follows; - 3 December Committee decision - December/January Change Management Plan consultation period - December/January Wider public engagement on proposed opening hours via Moray Engage and paper surveys - End of Jan - Change Management Plan review and final outcome determined - February – implementation of final outcome plan and advertising of new opening hours - Implementation of new staffing model and opening hours from March 2026 User Group Consultation 5.13 Consultation on Options 1 and 2 of the proposed tiered operating model has been the focus of discussions at the user group meetings since August. For some of the user groups this consultation has been frustrating as they have went from discussing potentially increasing their hours through Option 1 to now potentially losing or maintaining their current hours through Option 2, as both options were not presented to them at the same time. Consultation on Option 2 has only taken place with user group meetings during October and November. 5.14 Social value, deprivation levels and educational attainment associated with each branch have been highlighted as areas that was felt could have been factored into the tiered model criteria over and above population, footfall, loans and membership. Queries were also raised in regards to the accuracy of the footfall statistics across branches as the electronic system used in the Tier 2-4 libraries do not pick up people necessarily walking into branches side by side or in large groups. For Tier 1 libraries the footfall statistics are recorded via a clicker system therefore reliant on staff input. The Service are exploring options in regards to a more accurate footfall recording system for all 11 branches. 5.15 Aberlour, Burghead, Buckie, Forres, Milnes and Lossiemouth user groups have all advised that they are supportive of this new model and accept the need for clarity, consistency and equity across all branches in regards to operations and staffing. Despite Elgin potentially set to lose five hours the user group are accepting that they already have far greater opening hours than all other branches and therefore accept the reduction in hours and have identified the quieter times where this reduction in hours could be mitigated with least impact. Tomintoul are disappointed to potentially reduce their opening times by 1hr per week with Option 2 due to the fact they are already on limited hours – 11. However, the user group are open to explore how to provide additional activities at the library outwith the opening times to mitigate this loss. Cullen were accepting of Option 1 which maintained their current hours but were keen to explore how to provide additional activities at the library outwith the opening times. The Page 386
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user group were unsupportive of Option 2 which results in a reduction by 2hrs per week due to the fact they are already on limited hours – 12. The Keith user group are unsupportive of both options due to the fact they are set to lose 10hrs (with Option 1) or 6hrs (with Option 2) per week, they feel they are being penalised and have concerns in regards to the impact this will have on the branch users. The group passed a letter to Council officers from Keith Community Council expressing their concern in regards to the proposed reduction in hours. Keith would like to retain their current opening hours of 30hrs per week. A verbal update in regards to Dufftown will be provided to Full Council as the first user group meeting is set to take place in late November. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) x Policy and Legal x Financial x Risk x Staffing x Best Value and Transformation x Property x Information Communications Technology/Digital x Equalities. Social Inclusion and Economic Impact x Climate Change and Biodiversity Impact x 6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☒ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☐ Developing a diverse, inclusive, and sustainable economy ☒ Building a better future for our children and young people in Moray. ☒ Empowering and connecting communities. ☒ Improving wellbeing of our population Page 387
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6.3 Policy and Legal The Council has a legal duty to ensure adequate provision of libraries and maintain the Council’s archives. Ensuring individuals and communities reach their full potential through libraries, learning centres and heritage is not only an integral part of the local vision, but it is also a national priority. The report links to the Scottish Government’s National Performance Framework, which aims to increase collective wellbeing. It also links to the aspirations of ‘Forward: Scotland’s Public Library Strategy 2021-2025’ which has a collective desire for a vibrant, sustainable future for Scotland’s public library network. For over 150 years public libraries have adapted to user needs and interests and sought to achieve the underpinning principles in the original 1853 Public Libraries Act (Scotland) “for the Instruction and Recreation of the People” and local authorities continue to have a statutory duty to provide an adequate public library service. The Council’s Libraries, Learning Centres and Heritage team have a team plan which aligns and compliments the service plan, corporate plan, and Local Outcome Improvement Plan. 6.4 Financial The proposal does increase the weekly staffing hours requirement slightly however this increase can be offset from existing relief hours budget which currently has capacity. It is anticipated that the proposed new opening hours could save the service approximately £100 (for Option 1) or £130 (Option 2) in energy costs on a weekly basis based on previous energy charges. If proposal is approved this will be monitored and could be considered as a future efficiency saving if this estimation is accurate. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments x x x x x x Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments x x x x x x 6.5 Risk The following risks are noted as follows; - Proposal is not agreed and therefore efficiencies not realised from an operational or staffing perspective which will mean future benefits will not be realised due to the lack of a more streamlined operating model. These efficiencies are difficult to Page 388
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quantify but will ensure that staff will work the majority of their contractual hours within opening times so more public contact time, removal of relief hours utilisation to operate Elgin Library on a Saturday, will ensure that there is equity across branches in regards to weekend working, meal breaks, proportionate staffing based on tiering and a rationale for opening hours based on evidence. - If the Council does not embrace the feedback and action viable proposals received from user groups then the purpose for these groups will not be achieved which will result in reputational damage to the Council. Developing a sustainable transformation for the service taking account of user feedback was an action identified following the February Council decision on the proposed closures. 6.6 Staffing There will be staffing implications connected to this report if the new proposal is approved. A Change Management Plan will be undertaken following the decision taken on the proposal. The Change Management Plan is the Council process that is required to be followed for all staff during organisational change. Staff and trade union consultation is part of the Change Management Plan process. A new staff focus group is being established to mirror our user groups to discuss service developments and changes and to help improve the communication channels between all levels of staff and teams. Due to uncertainty in regards to the Libraries, Learning Centre and Heritage Team in recent years a number of staff are employed on a temporary basis and we have a number of vacant positions. Due to this no current permanent member of staff will be made redundant as part of this proposal and all temporary staff will have the opportunity to note their interest in vacant positions once the permanent staff have been matched into their new roles. 6.7 Best Value and Transformation This report links to the following Best Value actions; - Take forward engagement and consultation on service specific proposals e.g. for libraries and leisure. - Build in engagement with communities and staff about the need for change and impact any mitigation of proposed changes. - Improve use of workforce data in ensuring effective workforce planning. 6.8 Property As referenced in previous Committee reports the current capital plan allocation for leisure and library assets is insufficient to undertake the level of works required to maintain the volume of assets currently in operation. The Council’s Properties Team continue to undertake investigations on the condition of the library estate. The findings of these investigations will be brought back to Committee in due course. In the meantime co-location opportunities regarding the library estate will continue to be discussed with user groups as that is one option available for consideration to reduce the current pressure on the capital budget. 6.9 Information Communications/Technology/Digital None. Page 389
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6.10 Equalities, Social Inclusion and Economic Impact An Integrated Impact Assessment has been completed for this report and is available as Appendix 2. One of the main reasons for proposing a new tiered operating model for libraries is to ensure equality of provision across all 11 branches based on evidence criteria. The current 72% variation based on no evidence criteria could be viewed as being inequal across the Moray area. Option 1 would result in 6 libraries increasing their operational hours, 3 libraries remaining with the status quo and 2 libraries decreasing ther operational hours. It is determined that this impact would be low for Elgin but medium for Keith. Option 2 would result in 3 libraries increasing their operational hours, 4 libraries remaining with the status quo and 4 libraries decreasing their operational hours. It is determined that this impact would be low. 6.11 Climate Change and Biodiversity Impacts None. 7. CONSULTATION 7.1 This report has been prepared in consultation with the Chief Financial Officer, Head of HR and OD, Service Manager Legal Services, Head of Housing, Property and Communities, Head of Education (Chief Education Officer), Equalities Officer, Service Manager Democratic Services and Library User Groups and any comments made have been incorporated into the report. 8. BACKGROUND PAPERS 8.1 Library User Group Meeting Notes Must be logged into CMIS to access 8.2 Library Quarterly Statistics per branch Must be logged into CMIS to access 8.3 Oversight Scorecard Must be logged into CMIS to access Page 390
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APPENDIX 1 Operating Model Proposal Statistics based on the following; *Population statistics taken from Scotland’s Census 2022 *Visits and loans stats based on 2024/25 *Membership numbers as at 10 November 2025 Tier 1 Library Branch – will operate for 12hrs per week (Option 1) or 10hrs per week (Option 2) Burghead Dufftown Tomintoul Cullen Milnes Population 1,911 1,515 716 1,239 1,772 Visits and (average per hr) 2,428 (5.8) 4,479 (8.61) 2,649 (4.63) 4,838 (7.75) 2,445 (4.7) Loans and (average per hr) 5,145 (12.3) 4,503 (8.66) 4,122 (7.21) 7,612 (12.20) 6,076 (11.68) Members 240 278 138 298 240 Justification for Tier 1; • Population within 700-2,000 size • Visits all range from 2,400-4,900 and visit average per hour ranges from 4.6-8.7 • Loans all range from 4,100-7,700 and loan average per hour ranges from 7.2-12.2 • Members range from 130-300 Tier 2 Library Branch – will operate for 20hrs per week (Option 1) or 24hrs per week (Option 2) Aberlour Keith Lossiemouth Population 1,014 4,572 6,654 Visits and (average per hr) 8,114 (9.75) 13,820 (8.86) 8,389 (10.08) Loans and (average per hr) 14,673 (17.64) 15,409 (9.88) 10,871 (13.07) Members 594 741 599 Justification for Tier 2; • Population within 1,000-7,000 (exception here Aberlour population aligns with Tier 1 branch range) • Visits all range from 8,000-13,900 and visit average per hour ranges from 8.8- 10.10 • Loans all range from 10,800-15,500 and loan average per hour ranges from 9.8- 17.7 (exception here Keith loans per hour aligns with Tier 1 branch range) • Members range from 550-750 Page 391
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Tier 3 Library Branch – will operate for 36hrs per week Buckie Forres Population 9,061 10,069 Visits and (average per hr) 31,518 (16.84) 57,098 (30.50) Loans and (average per hr) 27,840 (14.87) 44,385 (23.71) Members 1,286 2,456 Justification for Tier 3; • Population above 9,000 • Visits range from 31,000-57,100 and visit average per hour ranges from 16.8- 30.50 • Loans all range from 27,800-44,400 and loan average per hour ranges from 14.8- 23.8 (exception here is Buckie loans per hour which aligns with Tier 2 branch range) • Members range from 1,200-2,500 Tier 4 Library Branch – will operate for 48hrs per week Elgin Population 24,640 Visits and (average per hr) 144,156 (52.31) Loans and (average per hr) 94,961 (34.46) Members 5,932 Justification for Tier 4; • Population over 20,000 • Visits over 140,000 and visit average per hour above 50 • Loans above 94,000 and loan average per hour above 34 • Members above 5,000 Page 392
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APPENDIX 2 INTEGRATED IMPACT ASSESSMENT COVERING • EQUALITIES AND SOCIO ECONOMIC DUTIES • HUMAN RIGHTS AND RIGHTS OF THE CHILD DATE UPDATES/EXECUTIVE SUMMARY VERSION DETAILS Insert Date (e.g. 03/10/2023) Add brief notes/highlight which section amended (e.g. first draft of IIA completed and submitted to SFC 25/10/2023 for consideration; noting that further work on Stage 2 will be required). Insert (ShP) Version Info (when details have been agreed) (e.g. 5.0 03/10/2023 11:21 AMcL) 17/10/2025 Completed stage 1 and then stage 2 specifically focussing on Cullen, Elgin, Keith and Tomintoul 17/10/2025 12:30 KS 11/11/2025 Clarity in sections 3 and 4 in regards to Option 1 and 2 11/11/2025 07:27 KS 21/11/2025 Further input across all sections following input from Equalities Officer 21/11/2025 07:29 KS STAGE 1 - DO I NEED AN INTEGRATED IMPACT ASSESSMENT? Name of policy or proposal: Libraries, Learning Centres and Heritage Service Transformation Is this a Mark X below New activity, programme or policy? Change to an existing activity, programme or policy? X Budget proposal? Duties: tick the boxes you think apply No Maybe Yes Equalities: Will your proposal have an impact on groups with protected characteristics? Consider the impact of your proposal on people and how they access your services and information without barriers. X Socio-economic Not every person/family has access to regular income or savings. Will your proposal have an adverse impact on them X Does your proposal impact on the human rights of people? X Does your proposal impact on the rights of children and young people X Page 393
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Reasoning Briefly describe your reasoning for the responses given above: This Committee report proposes a new operating model for the 11 library branches across Moray. The report has 2 options for Member consideration. Option 1 – Proposes that 6 of the 11 libraries will experience an increase in weekly opening hours, 3 will remain with the status quo and 2 libraries will reduce weekly hours by 5 and 10hrs. It is determined that this impact would be relatively low for Elgin but medium for Keith. For Option 1 – Across 9 of the 11 branches will there will be no change or an increase which will maintain/improve the impact of this proposal on protected characteristic groups and/or individuals whom are socio-economically disadvantaged. 2 branches (Elgin and Keith) will reduce their weekly hours by 5 and 10hrs respectively. Due to the reduction across these 2 libraries there could be an impact on protected characteristic groups or those socio-economically disadvantaged, it is determined that this impact would be relatively low in Elgin and medium in Keith. Option 2 - It is proposed that 3 of the 11 library branches will experience an increase in weekly opening hours, 4 will remain with the status quo and 4 will reduce weekly hours by 1, 2, 5 and 6hrs. For Option 2 - Across 7 of the 11 branches there will be no change or an increase which will maintain/improve the impact of this proposal on protected characteristic groups and/or individuals whom are socio-economically disadvantaged. 4 branches (Tomintoul, Cullen, Elgin and Keith) will reduce their weekly hours by 1, 2, 5 and 6hrs respectively. Due to the reduction across these 4 libraries there could be an impact on protected characteristic groups or those socio-economically disadvantaged but it is determined that this impact will be low in Tomintoul and Cullen, relatively low in Elgin and Keith as these branches will still be open 48 and 24hrs respectively which is balanced with other branches that have similar population, footfall and loan volume. This proposal may have a low impact on the rights of people or children/young people. The 11 library branches are remaining operational and the opening times will vary across the week to ensure morning, afternoon, evening and weekend access but may have a slight impact if the operational hours agreed do not meet their needs. Young people attending secondary schools can also access a library within the school (school libraries are linked in regards to access to operational systems/resources with Council public libraries). Page 394
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If you have answered “maybe” or “yes” to any of the Stage 1 questions above then proceed to complete the Stage 2 Integrated Impact Assessment questions below. If you have answered “no” to the Stage 1 questions above then provide the details below and submit to [email] Lead Officer for developing the contract Kim Slater Other people involved in the screening (this may be council staff, partners or others i.e. contractor or community) David Hayden Date 17/10/2025 Page 395
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STAGE 2: INTEGRATED IMPACT ASSESSMENT Brief description of the affected service 1. Describe what the service does: The Leisure and Culture Service has a shared purpose across the 4 teams (Sport and Leisure, Active Schools and Community Sport, Music Instruction and Performance and Libraries, Learning Centre and Heritage) of improving health and wellbeing, tackling inequalities, and helping to ‘close the gap’ in attainment through sport and physical activity, access to cultural activities, including library services and access to music. The Service works with internal and external partners to meet the needs of our Moray residents, deliver the outcomes within our Local Outcome Improvement Plan and our Moray Council Corporate Plan. Our Library Service contributes to the educational, cultural, economic and democratic life of Moray for all residents. The library service provides an array of services including loaning of library books, supporting members of the public to connect digitally, supporting our more vulnerable residents with resolving Council enquiries, providing playgroup/school visits, providing social connections within communities to prevent isolation, providing information and connections on activities, events and opportunities for individuals that may not have the means/connections to do so. The Libraries provide accredited and non-accredited qualifications in regards to digital literacy and learning which can aid employment. We support the cultural heritage of Moray and enable support and access to that heritage for individuals, tourists, businesses and local communities. Our library facilities are also utilised for the Near Me (NHS virtual consultancy service), act as Warm Spaces, deliver activities such as reminiscence groups, digital learning/emerging technology, book clubs, help hubs, lego clubs, job clubs etc as well as being a location for community groups to meet. Our facilities can be offered for work, study, learning, recreation and social interaction. Our facilities are also utilised to provide services connected to Adult and Family Learning, Youth Work and Community Learning and Development. The 6 objectives of the Moray Libraries, Learning Centre and Heritage Team Plan are; • Develop facilities and infrastructure to align with customer service needs and that provides welcoming and inclusive spaces with digital access • Engage and empower communities to help deliver, develop and lead on health and wellbeing opportunities for all • A connected, informed and empowered workforce • Provide opportunities to develop skills for life, work, inclusion and employability for people to reach their full potential • Amplify the voice of what we can offer to support local communities and the economy through inclusive communication • Effective monitoring and evaluation systems and streamlined processes to help drive continuous improvement 2. Who are your main stakeholders? In regards to Libraries, Learning Centres and Heritage our main stakeholders are the Scottish Library and Informational Council (SLIC), National Library of Scotland, NHS Grampian, Scottish Government, Council teams such as Family and Adult Learning and Youth Work, Page 396
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Moray College/UHI, Moray Pathways, Local Businesses, Community Groups, Customers/Users of library facilities and employees. 3. What changes as a result of the proposals? Is the service reduced or removed? It is important to note that this is not a budget saving proposal. This is a service delivery change to a a different operating model with the aim of transforming the service. Option 1 9 of the 11 libraries are proposed to either maintain or increase their opening hours. Elgin and Keith would reduce their weekly opening hours by 5 and 10hrs respectively. Option 2 7 of the 11 libraries are proposed to either maintain or increase their opening hours. Tomintoul, Cullen, Elgin and Keith Libraries would reduce their weekly opening hours by 1, 2, 5 and 6hrs respectively. The decision on the new opening times based on these reductions would be determined through the user groups and following a wider consultation exercise involving the Moray Engage platform and hard copies of a poll in the branches. 4. How will this affect your customers? Changes will impact users who visit the library on the times where closing is proposed and therefore the reason to determine the new opening hours with the user groups and the wider users of each branch affected to ensure lowest negative impact. The full extent of the impact will remain unclear until the revised schedule has been established and implemented, as it will depend on the finalised opening times. It will be important for all libraries experiencing a reduction that provision continues to be available ensuring where possible a morning, afternoon, evening and weekend access is still available which will hopefully mitigate the reduction in hours. At the first Elgin user group meeting held in May, the users agreed that the evening removal time would have least impact on users based on their own knowledge and reflections. Appreciating that no user groups want to witness a reduction in opening hours the Elgin group felt the removal of the 7-8pm opening slot due to reduced footfall was the most sensible reduction. At the third Keith user group meeting held in November, the user group are unanimously against both options which would result in a reduction of either 10 or 6hrs per week. The user group have stated that they wish to retain the current 30hrs opening as every day they have activities and groups operating from the library and therefore any reduction would have a significant impact. All these activities and groups would be attended by individuals from protected characteristic groups. No discussion was undertaken in regards to a reduced opening timetable due to the strength of feeling from the group on retaining their existing hours. Page 397
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At the third Cullen user group meeting held in November, the user group was unsupportive of Option 2 as this would result in the branch losing 2hrs per week, which is significant considering the branch is only open 12hrs per week at present. At the third Tomintoul user group meeting held in November, the user group was disappointed to be learn that a 2nd option is under consideration which could result in the branch losing 1hr per week. Consideration had been given to potentially opening Tomintoul on a Saturday morning as part of Option 1 (as Tomintoul is the only branch not open on a Saturday morning). However due to the fact that the branch may lose an hour (if Option 2 approved) it has been proposed to retain the opening hours through the week to ensure continued school/nursery access, potential afterschool and evening access. Consultation with the school/nursery was suggested in regards to new opening hours. 5. Impact on staff providing the service Due to ongoing budget savings being considered for the libraries, learning centres and heritage team over recent years any recruitment of staff within this team has been on a temporary basis. Also due to the potential changes of opening hours in recent months we have not been recruiting into Library and Information Assistant vacancies and utilising relief staff as would look to recruit new staff as per new operating model and contractual staffing levels. The new operating model will affect all operational staff because as part of the proposal a new set of staffing contract levels and rota systems will be implemented to ensure standardisation, consistency and equity. There are currently 15 different contractual weekly hours across the 32 employees presenting a 47% variation. It is proposed to reduce this level of variation to enable staffing efficiencies. All LIA staff will be able to note their interest for the new LIA contractual hours with permanent staff initially being allocated into roles followed by temporary staff noting their interest. The current model currently presents inequities to staff across the 11 branches due to; - evening/weekend (enhanced time) staffing variations - rest/meal break variations - significant variation of volume of staff working each shift which presents lack of consistency - varying allocation of admin time within and outwith opening hours There will be no redundancies as part of this proposal as there will be positions available for all permanent and temporary staff. 6. Please indicate if these apply to any of the protected characteristics Protected groups Potential impacts and considerations Race Potential low negative impact as small cross section of users will be from this protected group. Any reduced hours may affect access to ESOL learning resources, community support. Disability Positive Impact – no reduction in physical accessibility Potential negative impact – disabled users may rely on routine and be affected by changes depending Page 398
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on type of disability / neurodiversity. Reduced hours could affect those who depend on library/staff for support. Carers (for elderly, disabled or minors) Potential negative impact but access to the 4 libraries will continue albeit at reduced times so branches will support carers to continue accessing the service where possible by ensuring morning, afternoon, evening and weekend access. Sex Potential low impact – females tend to be in more caring roles and any reduction in parents, women’s groups would have an impact. Pregnancy and maternity (including breastfeeding) Potential low impact in terms of facilities available and at what times. Sexual orientation No group-specific impacts identified Age (include children, young people, midlife and older people) Potential negative impact – reduced hours in 4 libraries may limit access for: • older people for social connection, service and warm space. • Young people constraints around study times. Positive impacts - as opening times will still be available where possible covering a morning, afternoon, evening and weekend at these branches. Standard working hours are no longer 9am-5pm therefore ensuring access at varying times throughout the week will enable access to individuals out with their learning/work commitments so better access for pupils, students, young families, older adults who depend on a quiet study area / social interaction Secondary school pupils will still be able to access library resources from their school library as the system is integrated and therefore resources shared between public and school branches. Religion, and or belief Potential low impact Gender reassignment No group-specific impacts identified Inequalities arising from socio- economic differences – mainly impacts: People on low incomes, Unemployed or between jobs Digitally excluded residents Single-parent families People in rural or remote communities Potential low negative impact - Communities with higher deprivation tend to use libraries for digital access, job search, benefit support, educational / learning support, and / or warm / safe spaces. Reduced hours may disproportionately affect low- income households who rely on libraries for any of the above. For Keith, Option 1 this could have a negative impact due to the 33% reduction in opening hours as individuals seeking any of the above will experience a 6 hours per week reduction in opening Page 399
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hours. Areas of Keith are identified as areas of income deprivation and lower educational attainment. Positive Impact - Increased hours at three sites enhances access to free digital resources, warm spaces, job-seeking support, and educational materials. Human rights List of convention rights Describe, where applicable, if and how specific rights are engaged Article 5: Right to liberty and security N/A Article 6: Right to a fair trial N/A Article 8: Right to respect for private and family life, correspondence and the home N/A Article 10: Freedom of expression Users have a right to be consulted and their views heard and considered regarding the proposal to change the service. User groups have been engaged and feedback included in the Committee report. Article 11: Freedom of assembly and association N/A Article 12: Right to marry N/A Article 14: Prohibition of discrimination (in relation to the convention rights) N/A Article 1 of Protocol 1: Protection of property N/A Article 2 of Protocol 1: Right to education N/A – this right is specifically based on curricular education rather than lifelong learning offered through libraries, learning centres and heritage team Article 3 of Protocol 1: Right to free elections by secret ballot N/A Children’s Rights and Wellbeing Relevant articles – UNCRC Article 2 – Non discrimination Libraries are available to every child without discrimination Article 3.1 – Best interest of the child Opening times at affected branches will still enable child usage out with curricular times so access continues to be available, albeit at a reduced level. Article 6.2 – Right to survival and development N/A Page 400
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Article 12 – Respect of the views of the child Plan to consult with our younger members (and their parents) in branches in regards to new opening hours. This has been highlighted during our user group meetings. Article 15 – Freedom of Association Low - libraries with reduced hours may affect this right. Libraries maintaining or increasing hours will support this right. Article 17 – Access to information Low – libraries with reduced hours may affect this right. Libraries maintaining or increasing hours will support this right. Article 31 – Leisure, Play and Culture Low - libraries with reduced hours may affect this right. Libraries maintaining or increasing hours will support this right. 7. Evidence. What information have you used to make your assessment? Performance data Data usage of the library facilities. This can include: • Footfall • Book/resource loans • Membership levels Internal consultation Staff focus group meeting Lead Officer meetings Consultation with affected groups Consultation feedback from library users. User group meetings held in April/May, Aug/Sept and Oct/Nov. Ongoing user groups meetings arranged to continue informing the decision-making process. Wider public consultation on proposed opening hours will take place and further inform this IIA. Library branches that are remaining on same hours or are increasing hours have welcomed this proposal as the categorisation of branches is now based on criteria and reduces the substantial variation currently offered. The branches that are reducing hours are unsupportive of this proposal due to the potential impact it will have on current users or potential new users due to reduced weekly opening. One branch in particular felt that the 4 criteria areas used for this new proposal should have been expanded to include SIMD and educational attainment levels. Local statistics Population of town/village for each library branch. Demographic information about local communities – SIMD for service catchment areas and educational attainment data. National statistics Other Page 401
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8. Evidence gaps Do you need additional information in order to complete the information in the previous questions? Public consultation and future user group feedback. 9. Mitigating action Can the impact of the proposed policy/activity be mitigated? Please explain We will: • create the new opening hours in conjunction with the user groups; • undertake wider consultation with the public on these proposed hours. • review the new operating model on an annual basis and work with user groups to identify modifications and amendments to this based on service need and ensuring the hours remain within our annual funding envelope. • work with user groups and community groups/partners (particularly in Cullen, Tomintoul, Elgin and Keith – those potentially affected) to identify opportunities to deliver alternative/additional activities at these branches out-with the reduced opening times that align with service objectives and that could mitigate against the reductions. The low negative impacts identified above can be mitigated as follows: • Opening times will still be available to cover morning, afternoon, evening and weekends (wherever possible) in line with user group feedback. • Any reduction in hours will be scheduled away from peak periods or common older- adult usage times • By providing clear communication about new operating hours in advance, to prepare for change, in plain language and different, accessible formats. • Maintain school-library partnerships and outreach activity. • Retain core hours that support job-seeking peaks. • Offer digital support drop-ins at consistent times. • Provide alternative programming (virtual / outreach services) • Promote online learning materials and community drop-in sessions. 10. Justification If nothing can be done to reduce the negative impact(s) but the proposed policy/activity must go ahead, what justification is there to continue with the change? Under the Council’s Scheme of Administration the Local Authority is responsible for exercising the statutory duties to secure the adequate (which is neither defined in statute nor council policy) provision of libraries and maintain the Council’s archives. The Local Authority is also expected to deal with matters related to the provision of library and local heritage services. Page 402
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We are aware the Scottish Government are undertaking a review of what ‘adequate’ means in the above statute. Regardless of the definition, this proposal is to improve standards, consistency and equity across all 11 branches ensuring operating model is based on evidence. Currently there is no justification for having a 72% variation of opening hours across the 11 libraries, the 47% variation in staff weekly contracts and the 100% variation in rota systems operating does not involve closing any libraries, any reduction in overall core services, or removing the overall staff requirement across the service. The overall intention is to align hours better with current demonstrated usage and population, optimise staffing and secure the long-term sustainability of the Library, Learning Centre and Heritage Service within available resources. This ensures the focus is on: • Ensuring operational efficiency within current resources • Maintaining service provision and accessibility within financial constraints Protecting front-line library functions through a different operating model, including digital access, reading support, community spaces, and out-reach / information services. Page 403
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SECTION 3 CONCLUDING THE IIA Concluding the IIA 1. No potential negative impacts on any of the protected groups were found. 2. Some potential negative impacts have been identified. The impacts relate to: x Reducing discrimination, harassment, victimisation or other conduct prohibited under the Equality Act 2010 Promoting equality of opportunity low/medium Fostering good relations medium 3. The proposals interfere with human rights and/or the rights of the child low 4. Negative impacts can be mitigated the proposals as outlined in question 9. x 5. The negative impacts cannot be fully mitigated but are justified as outlined in question 10. x 6. Further consultation with affected groups is needed. 7. It is advised not to go ahead with the proposals. Decision Set out the rationale for deciding whether or not to proceed with the proposed actions: A full report and IIA, including user group and consultation survey feedback will be presented to Full Council on 3rd December seeking a decision on this proposal. Option 1 – It has been assessed the reduction of hours across the 2 libraries will have a relatively low (Elgin)/medium (Keith) impact on users and those with protected characteristics. This reduction will be monitored and reviewed annually with the user groups of these branches and staff. Option 2 - It has been assessed that the reduction of hours across the 4 libraries will have a low/relatively low impact on users and those with protected characteristics. This reduction will be monitored and reviewed annually with the user groups of these branches and staff. Date of Decision: 21/11/2025 Page 404
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Sign off and authorisation: Service Leisure and Culture Department Education, Housing and Communities Policy/activity subject to IIA Libraries, Learning Centres and Heritage We have completed the integrated impact assessment for this policy/activity. Name: Kim Slater Position: Service Manager, Leisure and Culture Date: 21st November 2025 Authorisation by head of service Name: Denise Whitworth Position: Executive Director Date: 21st November 2025 Permission to publish on website - Please return this form to the Equal Opportunities Officer, Chief Executive’s Office. Page 405
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Executive Director Economy, Enterprise and Operations Author: June Burnett Contact Email: June.burnett@moray.gov.uk Subject: Information Report - Development of Visitor Levy Scheme Timeline Update 1. PURPOSE ☐ For Decision ☒ For Information 1.1 This report is for information purposes and advises of a delay in the commencement of preparatory work, including the initial pre-consultation, in relation to the potential introduction of a Moray Visitor Levy Scheme. It also sets out a revised indicative timeline for progressing this work. 1.2 This report is submitted to Council in terms of Section III (A) (2) of the Council’s Scheme of Administration relating to long term financial plans. 2. SUMMARY 2.1 The Visitor Levy (Scotland) Act 2024, enacted in July 2024, empowers local authorities to charge a levy on overnight accommodation to fund tourism infrastructure, environmental sustainability, and the local economy. 2.2 Preparatory work in relation to the potential introduction of a Moray Visitor Levy Scheme has been delayed, and this report provides an updated indicative timeline for the development of the tourism strategy, pre-consultation, and the draft Visitor Levy Scheme proposal. June Burnett Development Officer 3. BACKGROUND AND CONTEXT 3.1 The Visitor Levy (Scotland) Act 2024, enacted in July 2024, empowers local authorities to apply a levy on overnight accommodation. The Act requires a local authority operating a Visitor Levy (VL) scheme to use the net proceeds of a scheme for certain specified purposes. These purposes are to support the achievement of a scheme’s objectives and Page 407
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to develop, support and sustain facilities and services for or used by visitors, whether for leisure or business, in the local authority area. The aim of the levy is to provide local authorities with additional funding to support tourism infrastructure, environmental sustainability, and the local economy, especially in areas heavily impacted by tourism 3.2 Key Provisions of the Act include: Levy Structure – the VL must be charged as a percentage of the cost of accommodation only. Local Authorities have the discretion to consider setting seasonal rates and exemptions. Proposal - Local authorities must prepare and publicise an outline of the proposed scheme, a statement about the objectives of the proposal, including how the authority intends to measure and report on the achievement of those objectives, an assessment of the impacts of the proposal in the authority’s area, and a statement about the cases or circumstances where a visitor levy will not be payable or may be reimbursed. The draft proposal requires a minimum 12-week period for public consultation. Tourism Strategy - Local Authorities must draw a clear link to the objectives of its local tourism strategy and other related local, regional and national strategies when developing their VL proposal, clearly setting out how the use of the funds will develop, support and sustain the local visitor economy. Revenue Allocation - Funds generated by the levy must be allocated to projects supporting tourism infrastructure and environmental improvements. Forecasting of revenue is an important part of the process to help understand viability of introducing a scheme. It is acknowledged that at the outset, the quality of information and business intelligence available may be of variable quality, with many assumptions in the data, as well as external variables such as fluctuations in occupancy rates, dynamic pricing and unforeseen events. (February committee report forecast c£950,000 gross per annum, assuming 5% levy rate and STEAM data from 2022). Implementation Timeline – Legislative requirement for a minimum 18-month notification period following a council’s decision to implement a VL scheme, and the date on which the scheme can come into force, making 2028 the earliest feasible implementation year for Moray. Visitor Levy Forum - A Forum must be established by the local authority no later than six months after the date of the decision to introduce a VL scheme. The function of the forum is advisory. The forum can include elected members; however, they must not make up the majority of the forum. Reporting - For every 12-month period the Council will have to prepare a report which must cover: the amount of money collected; how the net proceeds have been used and the performance of a scheme in relation to its objectives. Additionally, a VL scheme must be formally reviewed within three years of coming into force, and subsequently every three years following the previous review. Administration - The administrative costs to a local authority of a VL scheme can be taken from the funds raised by a scheme. The Improvement Service is co-designing a national Page 408
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visitor levy platform along with early adopter local authorities. The platform is intended to help collect the visitor levy more efficiently and uniformly across authorities. Costs relating to this are unknown at the time of writing, but discussions are ongoing with the Improvement Service. 3.3 Proposed stages for establishing a Visitor Levy Scheme are: STAGE 1 – Develop the outline proposal based on: • Development of new Tourism Strategy for Moray, presented for approval at committee meeting and via Community Planning Partnership • Accurate forecasting • Early engagement/pre-consultation feedback • Council feedback on draft VL scheme, presented at committee meeting STAGE 2 – Introduction of VL • Consultation of proposed Visitor Levy Scheme (minimum 12 weeks) • Implementation period - minimum 18 months following publishing intention to proceed with VL scheme 3.4 Previous Council decisions: At a meeting on 27 September 2023, Council agreed to support in principle the concept of raising funds through a VL (para 13 of the minute refers) At a meeting on 19 February 2025, Council agreed to: I. note the provisions of the Visitor Levy (Scotland) Act 2024 and the requirements for implementing a Visitor Levy (VL); II. approve the initiation of Stage 1 of the development process (forecasting, pre- consultation, preparation of draft outline proposal and Moray Tourism Strategy; III. approve the formation of a joint Member and cross departmental working group to manage the VL development process; and IV. to allocate £15,000 to commission specialist expertise to support the development phase (para 16 of the minute refers) 4. UPDATE 4.1 Delay in Delivery of Stage 1 – Develop the Outline Proposal Several factors have impacted the original timeline, including delays in the development of the new tourism strategy. • When the report was considered by Council on 19 February 2025, Visit Moray Speyside (VMS), the Tourism BID and Destination Management Organisation (DMO) for the area, was expected to procure the new tourism strategy at the end of February 2025. • Procurement of the tourism strategy was paused due to the associated risks of proceeding while the BID renewal ballot was underway and until the outcome of the ballot was known. • The BID renewal ballot was unsuccessful. Page 409
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• In May 2025, Moray Council assumed responsibility for procuring the new tourism strategy. • Additional funding was secured from Highlands and Islands Enterprise to support the development of the new tourism strategy. • The tender was published on Public Contract Scotland, and the process was completed on 11 August 2025. It is essential for a local authority to have a current tourism strategy in place if considering the potential introduction of a Visitor Levy Scheme. A revised timeline is attached as Appendix 1. 4.2 Tourism Strategy Development SCOTO CIC was awarded the contract on 11 August 2025. Their programme includes: • September 2025 – 1:1 meetings with identified key stakeholders • September 2025 – online survey ‘live’ until end of October 2025. Survey open to all for completion MORAY TOURISM STRATEGY - BUSINESS AND COMMUNITY ENGAGEMENT SURVEY • September/October 2025 – 7 Press Pause® Area Workshops held 24 September – 8 October in Forres, Buckie, Keith, Lossiemouth, Aberlour, Elgin and Tomintoul SCOTO | Press Pause -Moray Tourism Strategy • November 2025 – 6 online focus group sessions from 5 – 7 November SCOTO | Press Pause -Moray Tourism Strategy • Late November/early December 2025 – delivery of draft strategy. Additionally, the draft strategy will be sent to VisitScotland for review and comment. • December 2025 – delivery of final tourism strategy The Tourism Strategy will be presented to the Economy, Development and Infrastructure Services (ED&IS) Committee in March 2026 for approval 4.3 Pre-consultation for potential Visitor Levy Scheme Ideally, the tourism strategy would be finalised prior to the commencement of the Visitor Levy pre-consultation; however, this would result in further delays to the overall process. Therefore, the pre-consultation for the Visitor Levy will be undertaken as the development of the tourism strategy progresses and will continue once the final strategy is delivered. This ensures that the emerging strategy informs levy discussions and that stakeholders will see the levy as a tool to fund agreed priorities. Careful planning is required to ensure that the pre-consultation references the emerging strategy and not a blank page. Commencing the pre-consultation prior to the availability of the tourism strategy carries risks in terms of how this may be perceived, but these are outweighed by the benefits of parallel planning and will be managed through careful communications. The pre-consultation process will include: • Forecasting of potential levy revenues. Page 410
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• Stakeholder engagement, comprising surveys, workshops, and 1:1 discussions with organisations within the tourism ecosystem. • Economic Impact Assessment, utilising the funds approved for specialist expertise by Council on 19 February 2025. 4.4 Local Authorities’ Visitor Levy Progress Status At the time of writing 3 Local Authorities have approved a Visitor Levy Scheme, City of Edinburgh, Glasgow and Aberdeen City Councils. Additionally, Argyll and Bute, Highland, Stirling and West Dunbartonshire Councils have all undertaken the minimum 12-week consultation on a draft VL scheme. A progress status on all Local Authorities is provided in Appendix 2. 4.5 It was confirmed in September 2025 that Ministers are considering extending powers available to local authorities, including allowing them the option to introduce a flat-rate or tiered flat-rate levy models alongside the current percentage-rate based approach. This suggests there may be some flexibility when designing and drafting a Visitor Levy Scheme. However, any amendments to the Visitor Levy (Scotland) Act 2024 before the May 2026 elections are considered unlikely due to legislative constraints. Timing of the report to Council currently scheduled for June 2026 will be considered with the Corporate Leadership Team in light of the likelihood at that time of potential change. 5. SUMMARY OF IMPLICATIONS 5.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ Policy and Legal ✓ Financial ✓ Risk ✓ Staffing ✓ Best Value and Transformation ✓ Property ✓ Information Communications Technology/Digital ✓ Equalities. Social Inclusion and Economic Impact ✓ Climate Change and Biodiversity Impact ✓ 5.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☐ Build Stronger Greener Vibrant Economy. ☒ Build Thriving, resilient, empowered Communities. Page 411
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b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 5.3 Policy and Legal This proposal is in accordance with the Visitor Levy (Scotland) Act 2024. The Council assesses support for economic development initiatives on their individual merits, guided by the objectives of facilitating sustainable economic growth and achieving the outcomes set out in the Ten-Year Plan and Corporate Plan. 5.4 Financial The delay in progressing the development of a potential visitor levy scheme will similarly delay the receipt of any income, should a VL scheme be approved. This may impact the Council’s ability to fund tourism-related initiatives in the short term. One off Costs: Service Area Budget Budget Years Proposed Spend this Year Virement From Other Comments Annually Recurring Costs: Service Area Budget With Effect From Annual Net Impact Virement From (if applicable) Other Comments 5.5 Risk Commencing the pre-consultation prior to the availability of the tourism strategy carries a risk on how the strategy is perceived, but this will be managed through careful communications. 5.6 Staffing Support for the development process (anticipated 0.6 FTE Grade 9) will be accommodated within the existing resources of the Economy and Enterprise Team if current staffing levels are maintained, and existing workload is rebalanced across the team. 5.7 Best Value and Transformation Nothing arising from this report. 5.8 Property Nothing arising from this report. Page 412
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5.9 Information Communications/Technology/Digital Nothing arising from this report. 5.10 Equalities, Social Inclusion and Economic Impact Nothing arising from this report. 5.11 Climate Change and Biodiversity Impacts Nothing arising from this report. 6. CONSULTATION 6.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Service Manager Legal Services, Chief Financial Officer, Head of Operations and Environment, Head of Growth, Planning & Climate, Service Manager Democratic Services, Service Manager Economy and Enterprise and any comments made have been incorporated into the report. 7. BACKGROUND PAPERS 7.1 Appendix 1 - Updated Visitor Levy Timeline Appendix 2 - Local Authorities’ Visitor Levy Progress Status Page 413
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2028 STAGE 1 - Develop the outline proposal January February March April May June July August September October November December January February March April May June Committee report to seek approval for funding the procurement of suitable companies or research institutes to carry out the consultations Establish Cross-Departmental Officer Working Group - to understand the local accommodation sector Establsih Cross-Departmental Officer and Member Working Group - to understand the local accommodation sector Engage with stakeholders in the eco-system to support development of tourism strategy Prepare tourism strategy Tourism Strategy to VisitScotland for consideration/comments Committee report for approval of tourism strategy Prepare tender brief Procurement of suitable companies or research institutes to carry out the consultations Consultation with stakeholders to develop visitor levy proposal, which may include considerations such as exemptions and their potential impact Cross-Departmental Officer Working Group discussion on consultation stage Cross-Departmental Officer and Member Working Group discussion on consultation stage Local authorities to prepare for consultation Objectives of Visitor Levy scheme to be developed Impact studies to be carried out as required Develop draft Visitor Levy scheme to be proposed Plans for the use of net proceeds of a VL scheme to be developed Draft VL scheme to be considered by Committee 2029 STAGE 2 - Introduction of VL June July August September October November December January February March April May June July August September October November December January February March April May June Public consultation on entire draft VL scheme proposal (standard practice is 12 weeks) Analyse and report findings to Committee, including potential changes to a VL scheme in light of consultation. Formal public announcement of decision on whether or not to introduce a VL scheme (if the decision is to introduce a VL scheme, the proposed start date for a scheme must be set out). Minimum 18-month implementation period begins Scottish Ministers to be notified of decision to introduce Levy. Establish Visitor Levy Forum (within six months of formal public announcement of a decision to introduce a VL scheme) Local authorities to advise businesses of their liability and prepare administration of VL scheme. Implementation period expires. VL scheme comes into force, and the visitor levy is collected and remitted to the local authority. Annual report on the scheme 2027 2025 2026 2027 2026 2028 Page 414
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Appendix 2 – Local Authorities’ Visitor Levy Progress Status LOCAL AUTHORITY VISITOR LEVY PROGRESS STATUS Visitor Levy Scheme Approved Aberdeen City Council Approved the introduction of a 7% levy on 06/08/2025. Implemented for stays on or after 01/04/2027 City of Edinburgh Council Approved the introduction of a 5% levy. Implemented for stays on or after 24/07/2026, with advance bookings subject to charge from 01/10/2025 Glasgow Council Approved the introduction of a 5% levy on 19/06/2025. Implemented for stays on or after 25/01/2027, with advance bookings subject to charge from January 2026 Draft Visitor Levy Scheme Developed - Formal Consultation Stage (min 12 weeks) Stirling Council Formal consultation of draft VL scheme open until 12 October 2025 The Highland Council Formal consultation of draft VL scheme was extended beyond the minimum 12-week requirement (by c.7 weeks) to 31/03/2025. It is expected a report will be presented to Council in December 2025 with a recommendation for a 5% levy West Dunbartonshire Council Formal consultation of draft VL scheme open until 21 October 2025 Pre-Consultation Stage / Committee Approval to Commence Pre-Consultation Aberdeenshire Council Initial online questionnaire on Engage Aberdeenshire website. Open 24/06/2025 – 22/07/2025. No further engagement Angus Council Committee agreed 04/06/2024 to undertake engagement with key stakeholders on the potential for a VL scheme Dumfries and Galloway Council Committee agreed 02/09/2025 to explore the potential introduction of a VL scheme Dundee City Council Committee agreed 09/06/2025 proposals for engagement with stakeholders on the potential for a VL scheme East Dunbartonshire Committee agreed 06/03/2025 to progress the next stage of (outline) business case to examine more fully how a VL scheme could be implemented East Lothian Council Committee agreed 29/10/2024 to develop a VL scheme. No further update Page 415
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Appendix 2 – Local Authorities’ Visitor Levy Progress Status Falkirk Council Committee agreed 13/02/2025 to the development of a VL scheme and the development of a programme of consultation in line with VL guidance Fife Council Committee agreed 03/04/2025 explore the potential for a VL and commence early engagement Inverclyde Council Media reports from September 2024 indicate the council would be undertaking an options appraisal to determine if the levy would be appropriate for the area. No further update Midlothian Council An initial business resident and visitor survey was open 24/04/2024 – 28/08/2024. Website indicated a comprehensive consultation scheduled for Summer 2024. No further update on VL. New 2025-2030 Tourism Strategy was open for consultation 26/06/2025 – 26/07/2025 North Ayrshire Council Development of a VL has not been presented to committee (as per Cabinet Report on visitor Management Plan - 06/05/2025) North Lanarkshire Council Committee agreed 01/09/2024 for officers to further investigate the potential of a VL Perth and Kinross Council Pre-consultation open 02/06/2025 – 30/09/2025 West Lothian Council Committee agreed 24/06/2025 that Officers from Economic Development will continue to monitor the development of a Visitor Levy scheme in other local authority areas, continue to assess the viability of a Visitor Levy scheme in West Lothian, and continue to work with businesses and community groups on development of tourism in West Lothian. Not Progressing / Pausing Argyll and Bute Council Formal consultation of draft VL scheme ended 10/04/2025. Recent media coverage on the formal consultation indicates limited support Committee agreed 24/09/2025 to pause the implementation of a Visitor Levy Scheme in Argyll and Bute in its current form, with an update to a full Council meeting to be called no later than the end of January 2026 Comhairle nan Eilean Siar Council Following initial engagement with the local tourism industry and community stakeholders, the Council has placed a pause on this for now. (update from 18 June 2025) East Ayrshire Council Committee agreed 01/10/2025 to pause any further work on development of a levy until August 2027 until more evidence is available about the impact of the scheme in other areas and on the wider visitor economy Orkney Islands Council Committee agreed 23/09/2025 not progress with the implementation of a VL at this time Page 416
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Appendix 2 – Local Authorities’ Visitor Levy Progress Status Scottish Borders Council The Council had no plans to pursue a transient visitor tax within the Scottish Borders Council area 29/01/2019. No update to indicate a change from this initial position Shetland Islands Council Committee agreed 15/09/2025 not to pursue implementing a VL South Ayrshire Council Committee agreed 17/06/2025 to pause work on developing a VL until August 2027 Unknown (from information available online) Clackmannanshire Council Report to Audit & Security 24/08/2023 references potential income from a VL (Local Government in Scotland Overview 2023 – Accounts Commission prepared by Audit Scotland). No further information found East Renfrewshire Council Report to Committee 27/02/2020 detailing Council does not propose to implement a visitor tax. No further information found Renfrewshire Council Committee approved consultation response to Scottish Government on VL 20/09/2023. No further information found South Lanarkshire Council No information found Page 417
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Report to: Moray Council Meeting Date: 3 December 2025 Report by: Chief Governance Officer (Monitoring Officer) Author: Alasdair McEachan Contact Email: Alasdair.mceachan@moray.gov.uk Subject: Monitoring Officer Report from 1 November 2024 to 31 October 2025 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to inform the Council of the range of activities undertaken by the Monitoring Officer. 1.2 This report is submitted to Council in terms of Section III A (4) of the Council's Scheme of Administration relating to public performance reporting. 2. SUMMARY 2.1 The report informs the Council on the activities undertaken by the Monitoring Officer during the period covered by this report. Alasdair McEachan Chief Governance Officer (Monitoring Officer) 3. BACKGROUND AND CONTEXT 3.1 There is a statutory requirement for every Council to appoint a Monitoring Officer. The Chief Governance Officer performs this role in the Council supported by the Service Manager Legal Services who acts as Depute Monitoring Officer. 3.2 Legislation requires the Monitoring Officer to bring to the attention of the Council: • A contravention of law or any code of practice made or approved under any enactment; or • Maladministration or injustice in each case actual or potential and whether by the Council, committees, sub-committees or officers. 3.3 The position adopted by the Monitoring Officer is that a breach would require to be material, or a significant breach of the law in terms of the operations or finances of the Page 419
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Council to cause the Monitoring Officer to issue a report to the Council. 3.4 It is normal practice within local authorities for the Monitoring Officer to: • Promote good governance and sound decision making. • Promote the Councillors Code of Conduct. 3.5 In response to an external audit recommendation the Council’s Policy and Resources Committee on 2 October 2012 agreed that the Monitoring Officer would present an annual report on the activities of the post (para 8 of the minute refers). 4. SUMMARY OF WORK UNDERTAKEN BY THE MONITORING OFFICER 4.1 4.2 Statutory Role There has been one formal report by the Monitoring Officer in relation to a legal contravention as described in paragraph 3.2. This related to a decision taken in relation to opening times at nursery settings without due consideration being given to equalities impacts. The decision was re-taken with proper consideration of these impacts. The Council have a number of systems and checks and balances in place to deal with breaches or non-compliance with legislation/policy at a non-material level. 4.3 4.4 Governance Role Both the Council’s Standing Orders and Scheme of Delegation have been reviewed (on a planned annual basis) to ensure that Council business is discharged in a timely, effective and efficient manner. In terms of the Scheme of Delegation paragraph it is noted: • there have been no directions by Chief Executive under paragraph 5 (1) that an officer should not exercise a delegated power, or the way that power should be exercised. • A further review of the Scheme of Delegation is the subject of a separate report to this meeting dealing with post changes as a result of the management restructure which took effect on 1 September 2025. 4.5 Restructure There has been a change to the job description of the Monitoring Officer post holder, from Head of Governance, Strategy and Performance; to Chief Governance Officer (Monitoring Officer). The revised management responsibilities of the post will allow a stronger focus to be given to governance. 4.6 The Monitoring Officer now sits as a member of the Corporate Leadership Team (CLT), attending weekly CLT meetings along with the Chief Financial Officer. This improves awareness on major issues facing the Council. 4.7 Committee work During the period covered by this report the Monitoring Officer has: • Helped ensure that the Council’s constitutional documents are kept up to date to reflect revised management structures and update guidance on hybrid meetings to Page 420
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maximise their benefits. • Signed off agendas, reports and notices of motion submitted for all formal meetings of the Council and its Committees/Sub-Committees with assistance from the Legal Services Manager (Depute Monitoring Officer), Committee Services team and Legal team. • Previous reports have highlighted the risk of a lighter touch approach to the element as a result of staffing resourcing pressures. This risk should be mitigated with the revised arrangements for the committee report consultation introduced by the Interim Chief Executive in April 2025. • Advised all Councillors - administration and non-administration - on practical application of the Council’s Constitutional Documents to the committee system, including advice on notices of motion, competency of motions, declaring conflict of interest, written questions, political balance and rights to information. 4.8 Managed Legal and Regulatory Risk Through the legal services section, managed the Council’s legal risk through: • Dealing with claims in courts and tribunals • Advice, statutory processes and transactional work • Promotion of awareness of and compliance with major pieces of new legislation 4.9 Traditionally most legal work would be undertaken by an in-house team with a small amount of complex work being outsourced to experts. Ongoing difficulty in recruiting in- house solicitors has led to an increasing amount of routine work being outsourced to private firms through a framework arrangement. 4.10 Outsourcing legal work can be time consuming and costly and does not capitalise on the benefits of having skilled in-house solicitors advising in projects at an earlier stage. This creates a significant legal risk to the Council which could manifest itself through service or process failure, leading to financial or reputational damage. 4.11 Code of Conduct Role During the period covered by the report the Monitoring Officer has: 4.12 Maintained the register of councillors’ interests including six monthly reminders and council tax payment checks prior to budget setting. Councillors are reminded that any changes must be notified within one month of them occurring. 4.13 Provided regular updates to Councillors in relation to Standards Commission briefings and relevant hearings. Given Code of Conduct training covering: • external bodies/conflicts of interest • budget decisions • good decision making 4.14 Given advice to councillors on individual circumstances including: Page 421
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• gifts and hospitality and what can be reasonably associated with councillors’ duties • the requirement to declare an interest and how to make transparency statements • registration of interests • multi-member ward issues 4.15 Dealt with complaints against Councillors in terms of the Council’s policy. Levels of complaints have been relatively low, have all been dealt with through advisory notes and have covered: • showing respect for other Councillors • language used in social media • allegations of bullying and harassment • infringement of copyright • allowances and expenses regulations 4.16 The Monitoring Officer has no authority to enforce the code, only to promote its observance. Where the Monitoring Officer is unable to resolve a complaint the complainer is signposted to the complaints process of the Commissioner for Ethical Standards. There have been no Commissioner investigations during the reporting period which is a healthy sign. 4.17 Participated with other Monitoring Officers in workshops with the Standards Commission over guidance on the Code of Conduct. 4.18 Maintained close links with other Monitoring Officers through the Society of Local Authority Lawyers as a sounding board for tricky and complex issues. 5. SUMMARY OF IMPLICATIONS 5.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 5.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Page 422
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Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 5.3 Policy and Legal These are detailed more fully in the report. 5.4 Financial None 5.5 Risk Actions taken by the Monitoring Officer help to manage political and regulatory risks within the Corporate Risk Register. 5.6 Staffing The role is carried out by the Chief Governance Officer, supported by the Service Manager – Legal Services. It can be challenging to fulfil the role alongside competing workload priorities. 5.7 Best Value and Transformation The Monitoring Officer role can be useful in promoting collaborative leadership, one of the strands of the Council’s Best Value Action Plan. 5.8 Property None 5.9 Information Communications/Technology/Digital None 5.10 Equalities, Social Inclusion and Economic Impact No impacts have been identified. 5.11 Climate Change and Biodiversity Impacts None 6. CONSULTATION 6.1 This report has been prepared in consultation with the Council Leader, Chief Executive, Service Manager Legal Services who is the Council’s Depute Monitoring Officer and Service Manager Democratic Services and any comments made have been incorporated into the report 7. BACKGROUND PAPERS None Page 423
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