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Agenda Document Pack - Moray Council - 07/12/2022

Moray Council · 7 December 2022
Back to Moray Council — 7 December 2022 and its agenda

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Page 1

Moray Council 
Wednesday, 07 December 2022 
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,
07 December 2022 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 20-22 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 IJB Shortleeting Committee on 12
August 2022
7 - 8
4b. Minute of meeting of IJB Appointments Committee on 9
September 2022
9 - 10
4c. Minutes of meeting of 28 September 2022 11 - 28
4d. Minutes of Special Meeting of 7 November 2022 29 - 34
5. Notice of Motion - Just Transition Fund 35 - 36
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6. Notice of Motion - Potential Closure of 101 Telephone
Service
37 - 38
7. Notice of Motion - Referendum Budget 39 - 40
8. Written Questions ** 
9. Revenue Budget Monitoring to 30 September 2022
Report by Depute Chief Executive (Economy, Environment and
Finance)  
41 - 66
10. Short to Medium Term Financial Plan
Report by Depute Chief Executive (Economy, Environment and
Finance)  
67 - 84
11. Capital Plan 2022-23
Report by Depute Chief Executive (Economy, Environment and
Finance)  
85 -
102
12. Cost of Living Working Group Progress Update
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
103 -
118
13. Appointments to Committees
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
119 -
124
14. Changes to Calendar of Meetings
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
125 -
128
15. Remit of the Audit and Scrutiny Committee
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
129 -
146
16. Petitions Procedure - Introduction of E-Petitions
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
147 -
168
17. Revised proposals for UK Parliamentary constituencies
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
169 -
176
18. Information Reports - if called in 
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19. Question Time ***
Consider any oral question on matters delegated to the Committee in
terms of the Council's Scheme of Administration. 
Item(s) which the Committee may wish to consider with
the Press and Public excluded   
20. Learning Estate Strategy and Delivery Programme -
Elgin High School Permanent Extension [Para 8 and 9]
• Information on proposed terms and/or expenditure to be incurred
by the Authority; 
21. Burial Ground Acquisition [Para 8 and 9]
• Information on proposed terms and/or expenditure to be incurred
by the Authority; 
22. GMB Mileage Claim [Para 11]
• Information relating to any consultations or negotiations in
connection with any labour relations; 
Watching the Meeting
Any person wishing to attend the meeting should contact
customer services on 01343 563217 prior to the meeting as the
number of attendees is restricted due to the recent Covid
pandemic  
You can however watch the webcast of the meeting by going to :
http://www.moray.gov.uk/moray_standard/page_43661.html 
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 at least 48 hours
before the meeting for which the report is published. The Notice shall
be countersigned by one other elected member and shall explain the
reason for call in including any action sought. 
Information Report - Monitoring Officer Report from 1
August 2021 to 31 October 2022
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
177 -
180
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Information Report - Approved Minutes of Moray
Integration Joint Board
Report by the Chief Officer, Health and Social Care Moray  
181 -
184 
Information Report - Energy from Waste [Para 9]
• Information on terms proposed or to be proposed by or to the
Authority; 
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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 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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THE MORAY COUNCIL 
Moray Council 
SEDERUNT 
Councillor Kathleen Robertson  (Chair)
Councillor Donald Gatt  (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 Amber Dunbar  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor David Gordon  (Member)
Councillor Juli Harris  (Member)
Councillor Sandy Keith  (Member)
Councillor Scott Lawrence  (Member)
Councillor Graham Leadbitter  (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 
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MORAY COUNCIL 
Minute of Meeting of the IJB Shortleet Panel 
Friday, 12 August 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Simon Bokor-Ingram, Councillor Tracy Colyer, Grant Cruickshank, Councillor Donald
Gatt, Councillor Sandy Keith, Councillor Scott Lawrence 
APOLOGIES 
Ms Leigh Jolly, Mr Dennis Robertson 
IN ATTENDANCE 
Also in attendance at the above meeting was Tracey Sutherland, Committee
Services Officer.   
1.         Chair 
Councillor Colyer, as Chair of Moray Integration Joint Board, chaired the meeting.  
2.         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 during consideration of the items of
business appearing at the relevant paragraphs of this minute as specified below,
so as to avoid disclosure of exempt information of the class described in the
appropriate paragraphs of Part 1 of Schedule 7A of the Act.    
Paragraph No. of the Minute Paragraph No. of Schedule 7A
3 1
Relating to Staffing Matters 
3.         Shortleet for Appointment of Head of Service/Chief Social Work
Officer [Para 1] 
The Committee noted that there were 3 applicants for the post of Head of
Service/Chief Social Work Officer.  
Following consideration, the Committee agreed that all 3 candidates be invited to
attend the next stage of the selection process and that both Candidates be asked
to attend in person.   
Item 4a.
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MORAY COUNCIL 
Minute of Meeting of the IJB Appointments Committee 
Friday, 09 September 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Mr Simon Bokor-Ingram, Councillor Tracy Colyer, Mrs Frances Garrow, Councillor
Donald Gatt, Councillor Sandy Keith 
APOLOGIES 
Ms Leigh Jolly, Councillor Scott Lawrence 
IN ATTENDANCE 
Also in attendance at the meeting was Tracey Sutherland, Committee Services
Officer.   
1.         Chair 
Councillor Colyer, as Chair of Moray Integration Jonit Board, chaired the meeting.  
2.         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 and the Councillors' Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior decisions
taken on how Members will vote on any item on the agenda or any declarations of
Member's interests in respect of any item on the agenda.  
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 during consideration of the items of
business appearing at the relevant paragraphs of this minute as specified below,
so as to avoid disclosure of exempt information of the class described in the
appropriate paragraphs of Part 1 of Schedule 7A of the Act.    
Paragraph No. of the Minute Paragraph No. of Schedule 7A
4 1
Relating to Staffing Matters 
4.         Recruitment of Head of Service/Chief Social Work Officer [Para 1] 
A report by the Chief Officer, Health and Social Care Moray asked the Committee
to consider the candidate reports and overarching summary report in terms of the
agreed Recruitment and Selection of Senior Staff Policy.
Item 4b.
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Following consideration the Committee agreed to:  
i) note the summary candidate reports; and    
ii) accept the recommendation to make a permanent appointment. 
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MORAY COUNCIL 
Minute of Meeting of the Moray Council 
Wednesday, 28 September 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor James  Allan, 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 Graham Leadbitter, 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 Peter Bloomfield 
IN ATTENDANCE 
Also in attendance at the  meeting were the Chief Executive, Depute Chief
Executive (Economy, Environment and Finance), Depute Chief Executive
(Education, Communities and Organisational Development), Head of Governance,
Strategy and Performance, Head of HR, ICT and Organisational Development,
Head of Environment and Commercial Services, Head of Economic Growth and
Development, Chief Financial Officer, Head of Education Resources and
Communities, Head of Housing and Property, Consultancy Manager, Democratic
Services Manager, Andy Hall, Senior Project Manager, Hilda Puskas, Senior
Project Manager, Senior Engineer - Flood Risk Management and Tracey
Sutherland, Committee Services Officer.  
The following Lay Members of the Education, Children's and Leisure Services
Committee joined the meeting for the discussion of items 12 on the agenda - Mrs
Sheila Brumby, Mrs Emma Tunard and Mrs Susan Slater.   
1. Chair 
The meeting was chaired by Councillor Kathleen Robertson. 
2.         Operation Unicorn - Thanks 
The Council joined the Chair in thanking all staff and Members for their
understanding and adaptability during recent events in the implementation of
Operation Unicorn. 
3.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 20 and the Councillors’ Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior
Item 4c.
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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.    
4.         Resolution 
The Chair said that concerns have been raised with her over item 12a on the
agenda (relating to new schools funding) and the risks that potential decisions
could contravene pre-election publicity legislation and guidance. In particular
whether a decision on prioritisation of schools could influence the outcome of the
Buckie by-election on 3 November 2022.  
She further added that in an ideal world the Council would postpone consideration
of the report until after the by election, however the funding bid needs to be
submitted by the end of October and it is important that the Council have an
opportunity to make a bid.  
The Chair proposed that: 
Firstly the report is moved into the confidential section of the meeting under para 8
of Schedule 7a - financial affairs. 
Secondly the report recommendations are amended to allow any prioritisation
between projects to take place following the by-election. 
The Chair sought approval for this proposal.  
In response, Councillor Leadbitter felt that given the report was already in the
public domain, the discussion of the paper should remain in the public section of
the meeting.  
In response, the Head of Governance, Strategy and Performance added that the 2
schools being in the public domain is clearly in the papers but the question of
choosing a priority between them would give concerns in terms of fairness of the
by-election on 3 November 2022.  He further added that in terms of the publicity
guidance in a pre-election period, it states that members must be guided by the
principle of fairness.  It is crucial that a decision is seen to be fair and reasonable
by the public and by those standing for office.  
The Depute Chief Executive (Education, Communities and Organisational
Development) in her role as Returning Officer added that the pre-election guidance
is very clear with regards to controversial issues and need to be carefully
considered.  The report is neutral and does not express views, however a decision
could clearly impact on one of the areas covered by the by-election and would
have concerns about holding the debate in public.  
On the division there voted:  
For the Motion (14)  Cllrs Robertson, Allan, Colyer, Cowe, Divers,
Dunbar, Gatt, Gordon, Keith, Macrae, McBain,
Mustard, Ross and Williams. 
For the Amendment (10) Cllrs Leadbitter, Cameron, Coull, Fernandes, Harris,
Lawrence,  McLennan, Morrison, Van Der Horn and
Warren    
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Abstention (0)      
Accordingly the motion became the finding of the meeting and 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 12a and 16 -19 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
26 
Para 8 
Information on the amount of expenditure proposed to be
incurred by the Authority 
27
Paras 1 and 12 
Information Relating to Staffing Members 
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
28
Para 9 
Information on terms proposed or to be proposed by or to the
Authority 
29
Para 9 
Information on terms proposed or to be proposed by or to the
Authority 
30
Paras 3 and 5 
Information relating to any particular applicant for, or recipient or
former recipient of, any service provided by the Authority 
Information relating to the adoption, care, fostering or education
of any particular child or relating to the supervision or residence
of any particular child in accordance with a supervision
requirement. 
5.         Minute of meeting of 10 August 2022 
The minute of the meeting of 10 August 2022 was submitted and approved,
subject to the following amendments to paragraph 7 as detailed below:  
Councillor McLennan further added that the Council could be setting a dangerous
precedent in terms of governance and scrutiny citing some historical and current
potential comparators references. 
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In response, the Chair advised that Councillor McLennan's comments were not
relevant to the discussion. The Legal Adviser further asked Councillor McLennan
to consider what he was saying in terms of the Councillor's Code of Conduct. 
6.         Minute of Special Meeting of 14 September 2022 
The minute of the meeting of the Special Meeting of Moray Council dated 14
September 2022 was submitted and approved. 
7.         Written Questions 
The Council noted that no written questions had been submitted.  
8.         Notice of Motion - Sky Lanterns and Balloon Releases 
In terms of Standing Order 34a, there was submitted a Notice of Motion by
Councillor Leadbitter, seconded by Councillor Cameron in the following terms: 
Council recognises that the release of sky lanterns and mass balloon releases
have been linked to significant environmental impacts, including fires, pollution and
on occasion has resulted in illness and death to both livestock and wild animals. 
Council therefore agrees that the release of sky Lanterns and mass balloon
releases will not be permitted from any event taking place on Moray Council
owned or managed land, where this event has been approved through the
Council’s booking systems. 
This was unanimously agreed. 
9.         Notice of Motion - Warm Banks 
In terms of Standing Order 34a, there was submitted a Notice of Motion by Councillor
Van Der Horn, seconded by Councillor Cameron in the following terms:  
Many this winter are expected to choose between eating and heating, and there are
real fears that people will freeze at home as bills are unaffordable for many. 
The recent energy price guarantee price places a limit of £2,500 on household
energy bills, this figure is still more than double the level of bills for households last
winter. People fear they will not be able to turn on their heating. 
It has been estimated that the number of UK households in fuel poverty could more
than double to 12 million in January. The End Fuel Poverty Coalition said 42% of
households would not be able to afford to adequately heat and power their homes
from January, even with the energy price guarantee. 
Meanwhile, with inflation climbing hitting costs of food and fuel and recession
looming there are significant strains on struggling households.  
1.        The Council notes that heat banks are a response to the crisis to ensure 
those unable to heat their homes can keep warm and safe elsewhere.  
2.        The Council therefore requests a report with further background to:  
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i) Help identify public buildings in the area which could be used as
warm spaces for public access during the winter. This could include
libraries and community centres.
ii) Explore how the Council could work alongside partner organisations
to look at the possibility of making use of their spaces, as well as
encouraging organisations in the private and third sectors to do the
same. 
Councillor Morrison proposed adding in the words communities and at pace in
point 2(ii). 
Councillor Van Der Horn confirmed that he was happy to include the suggested
wording. 
Following further consideration the Council agreed to:  
1.        notes that heat banks are a response to the crisis to ensure those unable to 
heat their homes can keep warm and safe elsewhere.  
2.         request a report with further background to:  
i) Help identify public buildings in the area which could be used as
warm spaces for public access during the winter. This could include
libraries and community centres. 
ii) Explore how the Council could work alongside communities and
partner  organisations, at pace, to look at the possibility of making
use of their spaces, as well as encouraging organisations in the
private and third sectors to do the same. 
10.         Appointments to Committees 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) invited the Committee to note the remaining
Committee membership vacancies and consider appointments to those
Committees where vacancies remain.  
Councillor Keith moved that Councillor Cowe be appointed to the Education,
Children's and Leisure Services Committee, this was seconded by Councillor
Ross.  
Councillor Van Der Horn, seconded by Councillor Allan proposed Councillor
McLennan be appointed to the Education, Children's and Leisure Services
Committee.  
On the division there voted:  
For the Motion (13) Councillors Keith, Ross, Colyer, Cowe, Divers, Dunbar,
Gatt, Gordon, Macrae, McBain, Mustard, Robertson
and Williams    
For the Amendment (5) Councillors Van Der Horn, Allan, Cameron, Harris and
McLennan.    
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Abstention (5) Councillors Coull, Fernandes, Lawrence, Leadbitter
and Morrison.    
Did not Vote (1) Councillor Warren  
Accordingly the motion became the finding of the meeting and Councillor Cowe
was appointed to the Education, Children's and Leisure Services Committee.  
Following the vote, Councillor McLennan confirmed that he would take up the
Independent vacancies on the Police and Fire and Rescue Services Committee
and Joint Consultative Committee. 
Councillor Ross confirmed that he would sit on Corporate Committee.  
The Council, following further consideration, therefore agreed to:  
i) note the current vacancies on the Committees as detailed in Appendix 1 of
the report;    
ii) appointed Councillor Cowe to the vacant position on Education, Children's
and Leisure Services Committees; and    
iii) defer any further consideration of all of the remaining vacancies until the
meeting of Moray Council on 7 December 2022 following the outcome of the
Buckie Ward 3 by-election due to be held on 3 November 2022.    
11.         Review of Council Standing Orders 
A report by the Depute Chief Executive invited the Council to approve changes to
Council's Standing Orders and Second Tier Governance Documents as detailed in
Section 4 of the report.  
The Head of Governance, Strategy and Performance confirmed that the review of
Standing Orders would normally take place at the end of the year, however had
been brought forward to take into account the change of roles for the Leader,
Depute Leader and Civic Leader which were agreed at the meeting of Moray
Council on 10 August 2022.  
Councillor Leadbitter confirmed that he had no issue with most of what was
proposed, however put forward an amendment in regards to Standing Order 38
which would read:  
Any member wishing to call in a noting or information report shall give notice to
Committee Services at least 48 hours before the meeting for which the report is
published.  The Notice shall be countersigned by one other elected member and
shall explain the reason for call in including any action sought.  
He further added that by being able to call in the report to the meeting it is
published will allow any issues to be dealt with in a more timely manner.  
He further wished to add Information Reports to the end of the agenda, and printed
out with the agenda papers.  
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In response, the Head of Governance, Strategy and Performance, in taking
Councillor Leadbitter's second amendment with regards to Standing Order 29 first,
confirmed that discussions had already taken place outwith the Chamber amongst
Officers to do what is proposed.  
He further added that what was requested with regards to Standing Order 38 was
possible but would provide the following advice for Councillors in consideration of
what was proposed.  He advised that Information Reports were introduced as an
efficiency measure to try and reduce the amount of Council time spent discussing
issues which were for noting.  He appreciated that there is a system for calling in
Information Report for public debate, however Information Reports are written
without recommendations so the discussion of the Council would not be clearly
focussed to someone reading the report in advance.  The other issue would be the
period of fair notice as he has received representations from Councillors saying
that they do not have enough time to read the papers 7 days ahead of the meeting,
so would have a concern that with 48 hours notice, political groups may not have
an opportunity to discuss ahead of the meetings.  
In response Councillor Leadbitter acknowledged the Head of Governance,
Strategy and Performance's concern however felt that if the papers were being
printed as part of the agenda, members will have seen them and the 48 hours
notice that the reports will be called in should be sufficient time.  He further added
that there is no expectation that the reports will be re-written to include
recommendations, they will continue to be noting reports but provides an
opportunity to draw out further information or issues from the report.  
Councillor Gatt, highlighted a small suggested amendment to Appendix 2, section
6, it refers to Group Leader, however given that the current SNP group have Co-
Leaders then it should be amended to read Group Leader(s).  
Councillor Mustard confirmed that she was in agreement with the 2 amendments
proposed by Councillor Leadbitter and sought confirmation on when the new
Standing Orders would come into effect.  
In response, the Head of Governance, Strategy and Performance confirmed that
the revised Standing Orders would come into effect from the next meeting of
Moray Council on 27 October 2022.  
Following further consideration the Council agreed:  
i) the proposed changes to the Council's Standing Orders, as set out in
Appendix 1 taking into account the following amendments:  
Standing Order 38 - Any member wishing to call in a noting or information
report shall give notice to Committee Services at least 48 hours before the
meeting for which the report is published.  The Notice shall be
countersigned by one other elected member and shall explain the reason for
call in including any action sought; and  
to add Information Reports to the end of the agenda, and print out with the
agenda papers. 
ii) for publication the Councillors' Role Descriptions document attached as
Appendix 2.
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Councillor McLennan left the meeting at the conclusion of this item.     
12.         Corporate Plan Progress Update 2021-22 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) invited the Council to review progress made during
2021-22 on the 2019-24 Corporate Plan.  
Following consideration the Council agreed to note the progress made during
2021-22 on the Corporate Plan 2019-24 as set out in Appendix 1.  
13.         Office Review Update - Smarter Working 
The Chair sought agreement from the Council to consider Item 10 and 11 on the
agenda together.  This was unanimously agreed.  
A report by the Depute Chief Executive provided an update on progress with the
Office Review following the recommendations set out with the Property Assest
Management Appraisal and outlined the strategic objectives to deliver sustainable
hybrid ways of working for the future.  
Councillor Mustard requested whether a 6 monthly update of the financial
implications, progress and the Equality Impact Assessment could be provided for
the combined project.  
The Head of HR, ICT and Organisational Development confirmed that this would
be possible.  
Following consideration the Council agreed to:  
i) note the progress on the Office Review since 2021;    
ii) note the approach of a staged implementation of the Office Review
alongside the implementation of the revised flexible working policy under a
combined project titled "Smarter Working"; and    
iii)  a 6 montly update report to be presented to Council which includes the
financial implications, progress and a copy of the Equality Impact
Assessment.    
14.         Flexible Working Policy Review 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) asked the Council to approve the updated Flexible
Working Policy for implementation to Local Government Employees, Craft
Operatives and Chief Officers and note that this is a key enabler for other projects
to realise their potential benefits.  
Following consideration along with the Report on the Office Review Update -
Smarter Working, the Council agreed to:  
i) approve the revised flexible working policy for implementation;
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ii) note that this is a key enabling element in the progress of organisational
change with regard to the stated implementation of the Office Review under
a combined project of "Smarter Working"; and    
iii) a 6 monthly update report to be presented to Council which includes the
financial implications and progress along with a copy of the Equality Impact
Assessment. 
15.         Moray Learning Estate Strategy 2022-2032 
Mrs Sheila Brumby, Mrs Emma Tunnard and Mrs Susan Slater lay members from
the Education, Children’s and Leisure Services Committee joined the meeting for
the consideration of this item.  
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) introduced the ten year Moray Learning Estate
Strategy in accordance with Scotland's Learning Estates Strategy "Connecting
People, Places and Learning".  
Following consideration the Council agreed to approve the Moray Learning Estate
Strategy 2022-2032.  
Mrs Sheila Brumby and Mrs Susan Slater left the meeting following the conclusion
of this item.    
16.         Short to Medium Term Financial Plan 
A report by the Depute Chief Executive (Economy, Environment and Finance)
asked the Council to consider updated budget projections and recommended
budget savings.  
Following consideration the Council agreed to:  
i) note the updated budget for 2022/23 and forecast positions for 2023/24 and
2024/25;    
ii) note that there are still significant uncertainties relating to the Council's
budgetary position for 2022/23 and future years; and    
iii) approve the savings set out in paragraphs 4.2 to 4.19 and summarised in
paragraph 4.20, totalling £1.9 million recurring savings and £1.7 million one
off savings.  
Councillor McLennan re-joined the meeting during the consideration of this item.   
17.         Treasury Management Performance Indicators 2021-22 
A report by the Depute Chief Executive (Economy, Environment and Finance)
provided the 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 2022.
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Following consideration the Council agreed to note the Treasury Management
Performance and the Council's Treasury Management and Capital Investment
Prudential Indicators for 2021/22 as set out in the attached Appendix 2.  
18.         Moray Council School Meal Debt 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Council of the current position in relation to debt from the purchase of
school meals in Moray.  
Councillor Fernandes confirmed that an increasing amount of Councils have
agreed to cancel outstanding school meal debt and was concerned at the lack of
pace within the Council.  He therefore moved that the Council agreed to write of
outstanding school meal debt. 
The Head of Environment and Commercial Services confirmed that Officers
recognise the urgent need to progress the issue and stated that North Ayrshire
Council had taken the same steps as Moray.  She further added that no families
are being pursued inappropriately and cases are being progressed and considered
on a case by case basis.  
Councillor Warren seconded Councillor Fernandes motion as she felt it was
important that the Council support the families in most need.  
Councillor Morrison sought clarification on whether she should declare an interest
in this item, given the work that she is involved in as COSLA Leader.  
In response, the Head of Governance, Strategy and Performance confirmed that
he would need to consider the issue and would come back to Councillor Morrison.  
The Chair sought approval from the Council as to whether this would be an
appropriate point to adjourn the meeting for lunch.  This was unanimously agreed.   
19.         Resumption of Meeting 
PRESENT
Councillor James  Allan, 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 Graham Leadbitter, Councillor Marc Macrae, Councillor
Paul McBain, Councillor Neil McLennan, Councillor Shona Morrison, Councillor
Bridget Mustard, Councillor Kathleen Robertson, Councillor Derek Ross, Councillor
Sonya Warren, Councillor Ben Williams  
APOLOGIES 
Councillor Bloomfield and Councillor Van Der Horn.   
ALSO IN ATTENDANCE
Also in attendance at the  meeting were the Chief Executive, Depute Chief
Executive (Economy, Environment and Finance), Depute Chief Executive
(Education, Communities and Organisational Development), Head of Governance,
Strategy and Performance, Head of HR, ICT and Organisational Development,
Head of Environment and Commercial Services, Head of Economic Growth and
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Development, Chief Financial Officer, Head of Education Resources and
Communities, Head of Housing and Property, Consultancy Manager, Democratic
Services Manager, Andy Hall, Senior Project Manager, Hilda Puskas, Senior
Project Manager, Senior Engineer - Flood Risk Management and Tracey
Sutherland, Committee Services Officer.   
20.         Moray Council School Meal Debt - cont'd 
On the resumption of the meeting, the Head of Governance, Strategy and
Performance confirmed that Councillor Morrison did not have to declare an interest
in this item.  
The Depute Chief Executive (Economy, Environment and Finance) updated the
Council following the break as she had had further discussions with the Chief
Financial Officer and the Head of Environment and Commercial Services) to
assure the Council that pro-active steps are being taken whilst the national position
is being investigated by COSLA.  She further added that at the recent Leadership
Forum, it had been highlighted that the Council does not have a oversight on the
way in which each service pursues debt and that can create a wider composite
challenge for people who have a number of debts to the Council, including those
who may have school meal debts.  The proposal therefore, is that whilst COSLA
investigates the national position, Officers in the Council will also investigate data
protection and other challenges and opportunities around the Council taking a
consolidated overview that looks at the individual and families through our
processes for debt recovery and brings a report to Council on 7 December
2022.  That should help to alleviate the concerns of those with school meal debt
and wider debt issues that those in Moray may be facing.  
In response, Councillor Fernandes, in welcoming the Depute Chief Executive
(Economy, Environment and Finance) proposal said he would like his original
motion to remain and to write off outstanding school meal debt.  
Councillor McBain, seconded by Councillor Cowe proposed to accept the
recommendations as printed in the report.  
On the division there voted:  
For the motion (12) Councillors Fernandes, Warren, Cameron, Coull,
Divers, Harris, Keith, Lawrence,
Leadbitter, McLennan, Morrison and Williams 
For the amendment (11)  Councillors McBain, Cowe, Allan, Colyer, Dunbar,
Gatt, Gordon, Macrae, Mustard, Robertson and Ross     
Abstention (0)    
Accordingly the motion became the finding of the meeting and the Council agreed:  
i) note the contents of the report; and    
ii) to write off outstanding school meal debt.   
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21.         Moray Growth Deal Housing Mix Delivery Project Procurement
Requirement 
A report by the Depute Chief Executive (Economy, Environment and Finance)
asked the Council to approve the appointment of external consultants to update
the economic appraisal in support of the preparation of the Full Business Case
(FBC) for the Moray Growth Deal Housing Mix Delivery Project.  
Following consideration the Council agreed the appointment of an external
consultant to undertake an economic appraisal to support the preparation of the
Full Business Case.  
Councillor Williams and Mrs Emma Tunnard left the meeting at the conclusion of this
item. 
22.         Moray Growth Deal-Bus Revolution - Revenue Budget Request 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Council of the revenue budget requirements for implementation of the
Moray Growth Deal 'Bus Revolution ' project.  
Following consideration the Council agreed to:  
i) approve the establishment of a revenue budget for Bus Revolution as set out
in para 3.8; and    
ii) note that any variations arising from the finalisation of the business case will
be dealt with as part of the Council's financial planning process.     
23.         River Spey Flood Mitigation Proposals Update 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Council of the findings of a more detailed investigation into potential
options to reduce the frequency of flooding at Garmouth from the River Spey, as
requested at the meeting of Moray Council on 30 November 2021.  
During lengthy consideration and following a short adjournment for clarification, the
Head of Governance, Strategy and Performance advised the Council that the
Council does have a policy with a means to fund schemes externally and to depart
from this policy would create a risk of weakening the Council's position in relation
to other unplanned demands and also reducing funding available for other
communities who may been seen as higher priority in other areas.  
The Chair proceeded to seek agreement from the Council to note
recommendations (i) and (ii) of the report.  This was agreed. 
Councillor Macrae then moved in relation to recommendation (iii) to proceed with
the low level bunds at the railway embankment option and funded using a hybrid
model, this was seconded by Councillor Morrison. 
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Councillor Gatt seconded by Councillor Divers proposed to maintain the Council's
current policy.  
The Head of Governance, Strategy and Performance further advised the Council
that there is a risk that the cost of the works could wholly fall to the Council if the
community are unable to obtain any funding.  
In response Councillor Macrae suggested that if the community were unable to
obtain any funding then the decision on whether to progress should be taken by
the Council as he felt that if there was no community funding then the scheme
would not go ahead.  
The Depute Chief Executive (Economy, Environment and Finance) sought
agreement on whether there should be a timescale set for the community to obtain
funding and that would then be the trigger for the report to come back to a future
meeting of the Council.  
Councillor Macrae agreed that this was a fair comment and suggested by 1
January 2024.  
On the division there voted:  
For the Motion (7):   Councillors Macrae, Morrison, Cameron, Coull,
Fernandes, Leadbitter and Lawrence.    
For the Amendment (14): Councillors Gatt, Divers, Allan, Colyer, Cowe,
Dunbar, Gordon, Harris, Keith, McBain, McLennan,
Mustard, Robertson and Ross       
Abstention (1):  Councillor Warren  
Accordingly the amendment became the finding of the meeting and the Council
agreed:  
i) to note current Policy on Flood Risk Management; 
ii) to note the findings of the investigation into the two solutions to reduce the
frequency of flooding at Garmouth; and    
iii) to maintain the current policy position. 
24.         Place Based Investment Fund Allocation 2021-22 
A report by the Depute Chief Executive (Economy, Environment and Finance)
sought homologation for re-allocation of the Place Based Infrastructure Fund
(PBIF) 2021-22 underspend of £93,500 to Phase 2 of the Staycation Ready
Project.  The report also requested that the freed up capital from Phase 2 is
allocated towards Phase 4 of the Staycation Ready project, to offset the rise in
construction costs and enable the partnership funding project to proceed.  
Following consideration the Council agreed to:  
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i) homologate the reallocation of the PBIF 2021/22 underspend from the
Buckie Harbour project to works completed on the Staycation Ready Project
in 2021/22; and    
ii) that the released capital is then used to fund the shortfall in Phase 4 of the
Staycation Ready project.    
25.         Question Time *** 
Under reference to paragraph 15 of the minute of the meeting of 10 August 2022,
Councillor Coull sought an update on the distribution of period products and the
PickUpMyPeriod App.  She further raised concerns that the App was not indicating
all the local places that the products are available.  
In response the Depute Chief Executive (Education, Communities and
Organisational Development) confirmed that there had been an issue with how the
addresses of the locations had been uploaded and sought to provide an update
following the meeting for Councillor Coull on the progress with fixing the issue.  
Under reference to paragraph 10 of the minute of the meeting of 10 August 2022,
Councillor Keith expressed dismay at the response received from Jenny Gilruth
MSP, Minister for Transport, regarding the Elgin bypass or indeed A96
dualling.  He further expressed disappointment at there being no indication of a
date for the commencement of the project.  Councillor Keith sought guidance on
how the Council can take the issue forward.  
In response, the Chief Executive confirmed that a review is underway and officers
have had contact with the Scottish Government, he further added that he was
confident a report will be received in the not too distant future.  
Councillor Macrae raised concerns about the increase in accidents on the A98
between Fochabers and Buckie, and sought clarification on the causes of the
accidents, what mitigations can be put in place to prevent further accidents and
what contact there had been with emergency services, particularly following the
most recent 2 accidents. He further added that he hoped fellow Councillors would
support him in requesting a report back to Economic Development and
Infrastructure Committee, identifying what possible measures could be considered
or indeed costed to prevent as far as possible further incidents in the future.    
In response, the Head of Governance, Strategy and Performance, in terms of a
point of order confirmed that a question could be asked but if a report is requested
that would require to be requested as a notice of motion.  
The Head of Environment and Commercial Services confirmed that the service
were aware of incidents on the A98 and are made aware of the incidents through a
variety of means.  Formal notification is by means of Police Scotland Accident
Reports which can take a number of weeks to receive and currently does not have
any further information.  She further confirmed that following receipt of the reports,
as the Roads Authority the reports are considered and if necessary the Road
Safety Plan is refreshed, taking account of any issues raised and this gives the
ability to report back to Committee.  
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She further added that it is currently the intention to bring a report to Economic
Development and Infrastructure Services Committee in early 2023 and hoped that
Councillor Macrae was happy with that proposal.  
Councillor Macrae confirmed he was happy with the response.  
Councillor Fernandes sought clarification on the Council’s appointment to the Dick
Bequest Fund given the reports in the press recently about other organisations
refusing to appoint a representative to the Board.  
He further added that had he known the full extent of how the Dick Bequest Fund
came into being, he would have made a different decision when the Council
sought a nomination.  
He sought further confirmation on when was the earliest date the Council could
review its decision to appoint to the Fund.  
In response, the Head of Governance Strategy and Performance confirmed that
the Council agreed to appoint a representative to the Board but was not taking any
active steps to promote the fund or take money from the fund, however due to
legislation it was determined that the Council had no choice but to appoint to the
Board.  
He further added that he would consider how the Council could review the decision
and the best way forward and provide an update at a future meeting of the Council.  
Councillor Fernandes sought clarification on whether there was a risk to the
Council if it chose not to appoint to the Board.  
The Head of Governance, Strategy and Performance confirmed that he would
need to carry out some further investigation on the matter before being able to
provide Councillor Fernandes with a response.  
Councillor Warren sought clarification on what work the Council is carrying out with
partner agencies on highlighting the dangers of vaping to young people and
families.  
In response, the Chief Executive confirmed that this was a public health issue and
would ask Mr Bokor-Ingram, Chief Officer, Health and Social Care Moray and the
Director of Public Health to respond to Councillor Warren with further information. 
26.         Learning Estate Strategy and Delivery Programme - Moray
Submission for Learning Estate Improvement Programme Phase 3 Funding
[Para 8] 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) sought a decision by Council on submission(s) for
Scottish Government Learning Estate Investment Programme Phase 3 funding in
October 2022.  
Councillor Leadbitter moved that given this is potentially the biggest decision faced
by the Council in 20 years, the Special Meeting of Education, Children's and
Leisure Services on 7 November should be followed by a Special Meeting of
Moray Council.  This was seconded by Councillor Robertson.
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Following lengthy consideration the Council agreed:  
i) to submit a bid for Scottish Government Learning Directorate Learning
Estate Investment Programme (LEIP) Phase 3 funding based on the two
compliant secondary school projects that could be accelerated to qualify for
the funding;    
ii) 2 bids fall within an acceptable affordability range based on the information
currently available, and therefore the Council may wish to pursue 2 bids
following the pre-election period;    
iii) to instruct Officers to submit both compliant secondary school project bids
for LEIP 3 funding within the 31 October 2022 deadline in order to meet the
strict deadline for bids to be considered;     
iv) to hold a Special Education, Children's and Leisure Services Committee to
determine the prioritisation of the school project bids as required by the
LEIP bid criteria on 7 November 2022 and recommend a position to a
special meeting of Moray Council on 7 November 2022; and   
v) if one or more of those bids is successful, instruct officers to review and
provide updates to Members on project affordability (at defined Project
Gateways) as the construction and whole life implications of the LEIP
funding model are developed.  
Councillor Allan left the meeting during the consideration of this item.  
The Chair, in terms of Standing Order 83, sought agreement from Council
to suspend Standing Order 75 to continue the meeting past 5.00pm.  This was
unanimously agreed. 
27.         Learning Estate - Primary School Proposal [Paras 1 and 12] 
A report by the Depute Chief Executive (Education, Communities and
Organisational Development) sought approval to mothball the primary school
detailed in para 4.1 of the report from January 2023.  
Councillor Coull raised concerns regarding the lack of comments from parents, the
costs of mothballing and also potential future school rolls.  She further raised
concerns about mothballing the school in the middle of winter.  
Councillor Coull moved deferring the decision on the school until a more detailed
report is brought back to the next meeting of Education, Children's and Leisure
Services Committee.  This was seconded by Councillor Warren.  
Councillor Macrae, seconded by Councillor McBain proposed to agree the
recommendations as printed in the paper.  
On the division there voted:  
For the Motion (9) Councillors Coull, Warren, Cameron, Fernandes,
Harris, Lawrence, Leadbitter, McLennan and Ross 
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For the Amendment (11) Councillors Macrae, McBain, Colyer, Cowe, Dunbar,
Divers, Gatt, Gordon, Keith, Mustard and Robertson    
Abstentions (0)    
Accordingly the Amendment became the finding of the meeting and the Council
agreed:  
i) to approve the proposal to mothball the Primary School identified at
paragraph 4.1;    
ii) the temporary rezoning of the catchment are to the Primary School
catchment area identified in paragraph 6.4; and    
iii)  the procedure for the future mothballing of primary schools as set out in
Appendix 1.  
Councillor Morrison left the meeting during the consideration of this item.  
28.         Moray Affordable Housing Programme - Property Acquisition 
[Para 9] 
A report by the Depute Chief Executive (Economy, Environment and Finance)
asked the Council to agree to purchase residential properties in Elgin as detailed in
sections 5 and 6 of the report for use as affordable housing. 
Following consideration the Council agreed: 
i) to purchase the properties detailed at Sections 5 and 6, at purchase prices
which do not exceed the District Valuer's valuations; and    
ii) remits the Legal Services Manager to conclude the purchase of the
properties.    
29.         Hydrogen Research [Para 9] 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Council of an opportunity to work with a company to research
hydrogen solutions for large energy users in Speyside.  
Following consideration the Council agreed to sign a Non-Disclosure Agreement
(NDA) to allow the exchange of confidential information and data, in order to
explore the possibility of joint hydrogen solutions including a buyers co-op in
Speyside.  
30.         Refugee and Resettlement Partnership [Paras 3 and 5] 
A report by the Chief Executive informed the Council of funding received from the
Scottish Government to support the Ukrainian response and to seek approval on
expenditure and on the use of surplus property to assist with supporting
resettlement schemes.  
Following consideration the Council agreed to:  
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i) note the funding being made available to the Council and approve the initial
proposed expenditure;    
ii) delegate authority to the Chief Executive in consultation with the Council
Leader, Chair of Corporate committee and Chief Officer, Moray Health and
Social Care, to allocate the ongoing funds as appropriate to deliver services
and recruit staff to meet the emerging longer term needs of Ukrainian
Displaced Persons;    
iii) approve the future use of a surplus property at 30 Quarryill, Keith as set out
in 4.16, delegating authority to the Head of Housing and Property to
negotiate financial terms with the Home Office in consultation with the Chief
Financial Officer;    
iv) notes a summary of financial expenditure will be reported to Council bi-
annually; and     
v) notes there may be verbal updates to the meeting given the pace of
development to support those seeking refuge in Moray.   
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MORAY COUNCIL 
Minute of Special Meeting of the Moray Council 
Monday, 7 November 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
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
David Gordon, Councillor Juli Harris, Councillor Sandy Keith, Councillor Scott
Lawrence, Councillor Graham Leadbitter, 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 Neil Cameron 
IN ATTENDANCE 
Chief Executive, Depute Chief Executive (Economy, Environment and Finance),
Depute Chief Executive (Education, Communities and Organisational
Development), Chief Financial Officer, Head of Education Resources and
Communities, Head of Education, Mrs Bruce, Senior Audit Manager and Mr
Howarth, Audit Director, both from Audit Scotland.     
1.         Chair 
The meeting was chaired by Councillor Robertson. 
2.         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 and the Councillors’ Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior decisions
taken on how Members will vote on any item on the agenda or any declarations of
Member’s interests in respect of any item on the agenda. 
During discussion of item 5 “Audited Annual Accounts 1 April 2021 to 31 March 2022”,
the debate moved to local authority funding from COSLA, at which point Councillor
Morrision declared an interest being the President of COSLA, left the meeting and took
no further part in the consideration of this item.    
Item 4d.
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3.        Learning Estate Strategy and Delivery Programme 
Under reference to paragraph 4 of the Minute of the special meeting of the Education,
Children's and Leisure Services Committee, a report by the Depute Chief Executive
(Education, Communities and Organisational Development) sought a decision on the
priority to be allocated to the submissions to Scottish Government for Learning Estate
Investment Programme (LEIP) Phase 3 funding in October 2022.  
During discussion surrounding the decision reached at the earlier special meeting of
the Education, Children's and Leisure Services Committee where, following a vote, it
had been agreed that the Forres Academy Project is identified as the priority project in
the LEIP Phase 3 funding bid process, Councillor Macrae asked that his dissent be
noted in relation to this decision.  Likewise, Councillors Warren and Gatt also wished
that their dissent be noted.  
In terms of Standing Order 67, the Monitoring Officer advised that dissent could only
be noted by any Member of the Council who at any meeting of the Council had taken
part in a vote or had proposed a competent motion or amendment which had not been
seconded may at such meeting enter their dissent for the resolution adopted provided
that resolution has a financial or legal implication for the Council, which dissent shall be
recorded in the Minute of the meeting, without giving reasons therefor.  As such,
dissent could not be noted at this meeting as no motion or amendment had been put
forward.  
Having considered the advice from the Monitoring Officer, Councillor Warren moved as
an amendment to the recommendation, that the Council agree that the Buckie High
School Project is identified as the priority project in the LEIP Phase 3 funding bid
process.  This was seconded by Councillor Stuart.  
The Chair moved the recommendations as printed in the report, that the Council agree
that the Forres Academy Project is identified as the priority project in the LEIP Phase 3
funding bid process.  This was seconded by Councillor Laurence.  
Councillor McLennan moved, as a further amendment to the recommendation, that the
Council requests, as a matter of urgency, up to date reports on condition and suitability
of both Buckie and Forres High Schools alongside financial risks to the Council with
regard to the proposed LEIP applications so that decision making can happen aligned
to the approved Learning Estate Strategy, national expectations and up to date and
accurate information on the matters that will allow Councillors to complete decision
making on prioritisation.  This was seconded by Councillor Allan.  
In response to the amendment proposed by Councillor McLennan, the Depute Chief
Executive (Economy, Environment and Finance) advised that the decision for the LEIP
funding was based on capacity and condition and that up to date reports were already
in place in regard to both.  With regard to financial information, all information had been
provided in relation to the potential value of these builds and as the funding process is
associated with LEIP funding, this could not be provided at this time as the percentage
awarded by the Scottish Government would not be known until the whole life costing of
the project is available. 
The Monitoring Officer further advised that, in terms of Standing Order 49 (b) there
were questions over the competency of Councillor McLennan's amendment,  given that
a summary of the information requested was already available to the Council. 
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Having considered the advice from the Monitoring Officer, Councillor Allan withdrew his
second for Councillor McLennan's amendment and on failing to find another seconder,
Councillor McLennan's motion fell.  
On a division there voted:  
For the Motion (17): Councillors Robertson, Lawrence, Coull, Cowe, Divers,
Dunbar, Fernandes, Gordon, Harris, Keith, Leadbitter,
McBain, Morrision, Mustard, Ross, Van Der Horn and
Williams 
For the Amendment
(8):
Councillors Warren, Stuart, Allan, Bloomfield, Colyer,
Gatt, Macrae and McLennan 
Abstentions (0): Nil 
Accordingly, the Motion became the finding of the Council and, following on from the
decision of the Council on 28 September 2022 to submit two bids for Scottish
Government Learning Directorate Learning Estate Investment Programme (LEIP)
Phase 3 funding, in accordance with the bid criteria, it was agreed:  
(i) that the Forres Academy Project is identified as the priority project in the LEIP
Phase 3 funding bid process; and 
(ii) to endorse the decision made at the Special Education, Children’s and Leisure
Services Meeting on 7 November 2022. 
In terms of Standing Order 67, Councillors Warren, Stuart, Allan, Bloomfield, Gatt,
Macrae and McLennan asked that their dissent be noted.   
4.         External Audit - Annual Report to Members on 2021-22 Audit 
A report by the Depute Chief Executive (Economy, Environment and Finance) provided
the Council with a copy of the External Auditor's Annual Audit Report to Council on the
2021/22 audit.  
During discussion surrounding the revised equality outcomes for 2021-25 it was
queried why disability had been removed from the outcomes.  
In response, the Head of Governance, Strategy and Performance advised that he
would be happy to provide a briefing for Members explaining the process whereby the
revised themes in the equalities outcomes were selected.  
During further discussion, the Depute Chief Executive (Economy, Environment and
Finance) noted that during his introduction, Mr Howarth had made reference to
alternative wording at paragraph 78 of the External Auditors Annual Report which had
been suggested by the Administration Group however it had not been shared with the
wider Council and asked that this be considered.  
In response, the Chair read out the revised wording as follows:
‘However, there have been a number of changes to the leadership and makeup of the
council in the five months since the election. Two members left the administration
group and the Convener resigned from their post resulting in the need to approve a
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new structure consisting of a Leader, Depute Leader and Civic Leader. In addition a
by-election is due to be held in early November following the resignation of one of the
new intake of councillors from an opposition party in May. Since then, the committee
have been running with vacancies which it is anticipated will be filled at the first Full
Council meeting in December.’  
Councillor McLennan asked that this wording be amended to remove the word "need"
as there was no need to approve a new structure, this was a decision that had been
taken and also that political balance would require to be considered prior to any
vacancies being filled.  
In response, the Head of Governance Strategy and Performance advised that political
balance would be considered and a report brought to the Council at the earliest
opportunity.  
The Chair proposed the revised wording of paragraph 78, taking into consideration
Councillor McLennan's comments which was unanimously agreed by the Council:  
“However, there have been a number of changes to the leadership and makeup of the
council in the five months since the election. Two members left the administration
group and the Convener resigned from their post resulting in a decision to approve a
new structure consisting of a Leader, Depute Leader and Civic Leader. In addition a
by-election is due to be held in early November following the resignation of one of the
new intake of councillors from an opposition party in May. Since then, the committees
have been running with vacancies which it is anticipated will be filled at the first Full
Council meeting in December whilst taking into consideration political balance”.  
Thereafter, the Council joined the Chair in thanking the External Auditors and the
Finance service for their work in this regard and thereafter agreed:  
(i) to note the contents of the report from the Council’s External Auditors as set out
in Appendix 1 and 2 of the report subject to the following change to paragraph
78 in Appendix 2: 
“However, there have been a number of changes to the leadership and makeup
of the council in the five months since the election. Two members left the
administration group and the Convener resigned from their post resulting in a
decision to approve a new structure consisting of a Leader, Depute Leader and
Civic Leader. In addition a by-election is due to be held in early November
following the resignation of one of the new intake of councillors from an
opposition party in May. Since then, the committees have been running with
vacancies which it is anticipated will be filled at the first Full Council meeting in
December whilst taking into consideration political balance”. 
(ii) that a briefing be arranged to provide an explanation on how the revised themes
in the equalities outcomes were selected.    
5.         Suspension of Standing Orders 
The Chair sought the agreement of the Committee to suspend Standing Order 75 to
allow the meeting to continue beyond 12.45 pm.  This was agreed. 
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6.         Audited Annual Accounts 1 April 2021 to 31 March 2022 
Councillor Ross left the meeting at this juncture.  
During discussion of this item, the debate moved to local authority funding from
COSLA, at which point Councillor Morrision declared an interest being the President of
COSLA, left the meeting and took no further part in its consideration.  
Under reference to paragraph 26 of the Minute of the meeting of Moray Council dated
29 June 2022, a report by the Depute Chief Executive (Economy, Environment and
Finance) submitted to the Council the Audited Annual Accounts for the Moray Council
for the year ended 31 March 2022.  
During discussion surrounding funding to Local Authorities from the Scottish
Government, Councillor Keith noted that this had been reduced over the past 11 years
and that Moray receives £168 less per person compared to the Scottish average and
moved that the Council agree to add a further recommendation that the Council write
to the Scottish Government noting that Moray receives less funding per person
compared to the Scottish average and demand that Moray is funded in line with the
Scottish average from 2023 onwards.  This was seconded by Councillor Macrae.  
The Chief Financial Officer explained that Councillor Keith's calculations had been
based on a per capita basis however this was not how funding is distributed but rather
by a complicated set of formulas that are regularly reviewed by the Scottish
Government with input from COSLA.  
Councillor Leadbitter was of the view that Councillor Keith's motion was asking that the
Scottish Government interfere in the distribution methodology of funds that has been
agreed by COSLA and that it would be more productive for Councillors to liaise with
colleagues at COSLA asking for a change in the distribution methodology and moved
the recommendations as printed in the report.  
The Chief Executive further advised that it may be in the best interest of the Council, if
Councillors jointly approached COSLA expressing their concerns in relation to the
distribution methodology as this was due for review within COSLA in the near future.  
After considering the advice from the Chief Executive, Councillor Keith sought the
agreement of his seconder, Councillor Macrae to amend his motion asking that the
Council write to COSLA expressing its concerns in relation to the distribution
methodology.  Councillor Macrae agreed to this. 
Councillor Leadbitter suggested that Councillors may benefit from a workshop in
relation to the funding distribution methodology for Local Authorities.  
In response, the Chief Financial Officer agreed to provide a workshop/briefing in
relation to the funding distribution methodology for Local Authorities for all Elected
Members. 
After considering the advice from both the Chief Executive, Chief Financial Officer and
following further debate, both Councillors Keith and Leadbitter withdrew their motions.   
Thereafter, the Council agreed:  
(i) to note the Audited Annual Accounts for the financial year 2021/22; 
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(ii) to approve that the Annual Accounts are signed, having regard to the Annual
Report from the external auditor considered earlier at the meeting; and 
(iii) that a workshop/briefing be provided for Elected Members in relation to the
funding distribution methodology for Local Authorities.   
7.         Connected Charities Audited Annual Accounts 1 April 2021 to 31 March
2022 
Councillor Morrison re-joined the meeting at this juncture.  
A report by the Depute Chief Executive (Economy, Environment and Finance)
submitted to the Council the audited Annual Accounts for Moray Council's Connected
Charities for the year ended 31 March 2022.  
During discussion, it was pointed out that the list of Trustees would require to be
updated following the recent Buckie By-Election.  This was noted.  
Thereafter, the Council agreed to approve the audited Annual Accounts for the
Connected Charities for the financial year 2021/22 subject to the list of Trustees being
updated to reflect the election of Councillor John Stuart at the recent Buckie By-
Election.   
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NOTICE OF MOTION TO MORAY COUNCIL 
ON 7 DECEMBER 2022 
SCOTTISH GOVERNMENT’S JUST TRANSITION FUND 
Council welcomes the Scottish Government’s announcement of a £500 million Just
Transition Fund that will support projects in the North East and Moray which
contribute towards the region’s transition net zero over the next ten years.1
Council welcomes funding for the initial projects that will see over £2 million invested
in Moray. These projects include the Findhorn Watershed project, the Findhorn
EcoVillage Park, the Moray Just Transition Masterplan, the NESS Energy Carbon
Capture Feasibility, the Net Zero Bottlenecks in Moray, the Cabrach Distillery, the
Sustainable Solvent Recovery for EV battery recycling. 
Council recognises that ambitious Just Transition projects are essential both in terms
of protecting the environment and creating jobs in Moray, and that strong levels of
funding are of strategic importance to support Moray Council’s Climate Change
Strategy.2 
Council instructs the Leader of the Council to write to the UK Chancellor to ask that
the UK Government matches the Scottish Government’s level of investment in Just
Transition funding for the North East and Moray. 
PROPOSED BY COUNCILLOR MORRISON 
SECONDED BY COUNCILLOR LAWRENCE 
1 Just Transition Fund: year one projects - gov.scot (www.gov.scot)
2 Climate Change Strategy 2020-2030 (moray.gov.uk)
Item 5.
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NOTICE OF MOTION TO MORAY COUNCIL 
ON WEDNESDAY 7 DECEMBER 2022 
Potential Closure of 101 Non Emergency Telephone Number 
The Council notes the remarks of Deputy Chief Officer David Page at a meeting of
the Scottish Parliament’s Justice Committee on Wednesday 26 October 2022,
warning that budget cuts may result in the closure of the non-emergency 101
telephone number in Scotland.  
The Council expresses its grave concerns at the prospects of the closure of the 101
number, believing the service to be a vital tool in the reporting of crime.  
The Council resolves that the Chair of Police and Fire and Rescue Services
Committee write to the Minister for Community Safety to express these concerns and
to seek assurances that the 101 telephone number service will not be withdrawn. 
PROPOSED BY COUNCILLOR DIVERS 
SECONDED BY COUNCILLOR GATT 
Item 6.
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NOTICE OF MOTION TO MORAY COUNCIL 
ON WEDNESDAY 7 DECEMBER 2022 
Scottish Government Referendum Budget 
The Council notes the £20m that the Scottish Government has set aside for potential
independence referendum preparations and agrees to write to the First
Minister seeking acknowledgement of the cost of living crisis in both Moray and
Scotland in general and urges the First Minister to disburse the entire £20m budget
on a population basis to local Government for use in addressing the cost of living
crisis this winter. 
PROPOSED BY COUNCILLOR KEITH 
SECONDED BY COUNCILLOR ROSS 
Item 7.
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REPORT TO:   MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: REVENUE BUDGET MONITORING TO 30 SEPTEMBER 2022 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To advise Council of the revenue budget monitoring position to 30 September
2022 and of the current estimated out-turn for 2022/23. 
1.2 This report is submitted to Council in terms of Section III A (2) of the Council's
Administrative Scheme relating to monitoring current revenue expenditure
against approved budget.
.
2. RECOMMENDATION 
2.1 It is recommended that Council considers and notes:  
(i) the budget monitoring position of £644,000 under budget for 2022/23
as at 30 September 2022; 
(ii) that this position consists of an underspend on Devolved School
budgets of £531,000, an overspend on Social Care services delivered
on behalf of the Moray Integration Joint Board (MIJB) of £976,000, an
underspend on Health & Social Care (Non MIJB) £448,000 and an
underspend on other services of £641,000; 
(iii) movement of £660,000 in the General Revenue Grant, as detailed in
paragraph 3.4; 
(iv) the current estimated out-turn for 2022/23 which includes a loans
pool holiday, reducing expenditure by £7,583,000 and a further 
underspend of £4,099,000 resulting in a decrease in the planned use
of Council reserves by £11,602,000 from that budgeted for; and 
(v) the emerging budget pressures noted in paragraph 6.1. 
3. BACKGROUND 
3.1 When the revenue budget for 2022/23 was approved by Moray Council on 22
February 2022 (paragraph 4 of the minute refers), General Revenue Grant of
Item 9.
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£180,723,000 was estimated for the year, based on the latest amount notified
to the Council and including estimates for further distributions of grant during
the year. Council Tax receipts of £46,555,000 were anticipated.  Budgeted
expenditure of £240,732,000 was agreed, and this required projected use of
£10,335,000 of the Council’s Ear Marked Reserves and use of financial
flexibilities totalling £3,120,000 to balance the budget.  There were expected
to be two types of financial flexibility available to the Council in 2022/23 when
the budget was set: use of capital receipts to fund Covid-related expenditure
and expenditure on transformation expected to generate financial savings and
a loans principal holiday.  Confirmation of both was expected.  Confirmation of
the ability to take a loans principal holiday has been received but the Treasury
has advised Scottish Government that the use of capital receipts to fund
Covid-related revenue costs would score against the Scottish Government
capital allocation and so this financial flexibility has been withdrawn.  To
replace this it is currently budgeted to use additional ear-marked reserves. 
3.2 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 2022/23 is
£1,288,000 (2021/22 £1,342,000). Unused Pupil Equity Fund of £1,046,000
received in 2021/22 and £44,000 funding for nursery snacks and fundraising
have been carried forward into 2022/23 in accordance with the grant
conditions 
3.3 On 29 June 2022 Council approved additional expenditure of £1,449,000 to
be funded from Ear-marked Reserve for Covid.  The majority of these
adjustments (£1,102,000) have been posted to departments during quarter 1.
The additional provision for the expansion of Universal Free School Meals to
Primary 5 (full year effect from 2021/22) and slippage on provision of CO2
monitors for schools approved to be funded from reserves totalling £347,000
will be actioned before the quarter 3 budget monitoring report, which will be
reported to. 
3.4 Variations to General Revenue Grant (GRG) amounting to £660,000 have
been notified.  This consists of additional funding for SNCT pay award
£585,000 and £75,000 for Local Heat and Energy Efficiency strategies
(LHEES).  Funding has not yet been drawn down but will be required for
quarter 3. 
3.5 With these adjustments the Council’s overall General Services revenue
budget currently stands at £253,079,000. 
3.6 Reconciliation of the movements in the base budget from that which was
approved by the Moray Council on 22 February 2022 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. 
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4. BUDGET POSITION 
4.1 APPENDIX 1 summarises the current position for each service area,
comparing the actual expenditure for the year to 30 September 2022 with the
budget to 30 September 2022. 
4.2 Overall the budget position at 30 September 2022 is expenditure under
budget to date of £644,000 or 0.6% of budget to date (including services
delivered on behalf of the Moray Integrated Joint Board (MIJB)).   
4.3 The principal areas of overspend and underspend across the Council are
summarised below. 
4.4 In Health and Social Care (non MIJB), there is an underspend of £448,000
primarily due to funding received from the Scottish Government for the
Ukrainian resettlement scheme. A report is due to go to Committee to propose
allocation of the funding across the services. 
4.5 Devolved School budgets are underspent by £531,000 at the end of the
second quarter, £157,000 in primary schools and £374,000 in secondary
schools. There is also an underspend in central supply staff of £117,000. 
4.6 The MIJB is reporting an overspend across both Council and NHS services
during quarter 2 of £1,454,000.  The figures included in this report relate
purely to the services delivered by Moray Council on behalf of the MIJB and
amount to an overspend of £976,000. 
4.7 Waste services are overspent by £117,000 on fuel costs due to all vehicles
having to use white diesel and not red diesel due to changes in legislation. 
Provision for this pressure was made when the budget was set but has proven
to be inadequate, due to rising fuel costs. 
4.8 Governance, Strategy and Performance are overspent on housing benefits
£96,000, Scottish welfare fund £48,000 and an underspend on discretionary
housing payments (DHP) of £29,000 as at quarter 2, (Scottish Government
allocated additional funding for DHP during 2021/22 and is in the process of
clawback and redistribution of funds). There is also an overspend of £156,000
on local government elections. 
4.9  Income budgets across the Council are showing both positive and negative
variances. Sports and leisure facilities were expected to continue to see
reduced income in the aftermath of covid restrictions and budgets were
adjusted according.  Recovery is ahead of forecast with income for quarter 2
£186,000 above the revised target.  Income from trade waste is £110,000
below target, continuing the trend during the pandemic, however, income from
the sale of recyclates is currently £221,000 above target (this is a very volatile
market).  Fees from building standards and planning applications are in
aggregate £76,000 above target. Catering income is £66,000 below budget
but this is more than offset by a related underspend of £191,000 on food and
other catering supplies. 
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5. BUDGET PRESSURES & ADDITIONS 
5.1 Budget pressures recognised when the budget was approved on 22 February
2022 are released when the pressure crystallises to the extent that it can be
accurately quantified.  Provisions to meet budget pressures and new duties
totalling £3,869,000, have been released in quarter 2 and these are itemised
in APPENDIX 4. 
5.2 Provisions still held centrally at the end of quarter 2 total £3,661,000 and are
detailed in APPENDIX 5 and given a RAG assessment for likelihood of
requirement.   
5.3 Ten provisions are assessed as red, as no longer being required: £64,000 for
removal of music tuition fees and core curriculum charges as funding has
been received via redetermination; £57,000 removal of music tuition charges
balance is not required; clearance of Bilbohall site for housing development
£120,000 as work on site is delayed and will not be required in this financial
year; £12,000 for free period products and £26,000 for Easter study provision
which are no longer required. The following provisions balances are now not
required until 2023/24: DSM/ class contact time review £13,000; Moray
Growth Deal contribution to STEM £3,000; Development plan scheme
transportation appraisals £200,000 and annual maintenance of automatic
bollards £7,000. 
5.4 Twelve provisions are assessed as amber, for uncertainty of requirement:
Free school meals extension balance (£402,000) will depend on uptake from
the new school year in August. Additional funding for teachers £215,000 new
positions are unlikely to be in place before January, so balance required is not
yet known. £337,000 school roll numbers, £100,000 estimated for quarter 3
and balance not required; £468,000 for additional teachers, £243,000 required
to be drawn down in quarter 3 and the balance will not be required until
2023/24; Economic recovery plan £193,000 commitments against the balance
are not yet known, but will not be required in full in this financial year; Moray
Growth deal support balance of £30,000 not expected to be required.
£297,000 consolidated living wage, £420,000 Living wage retrospection and
overspend of £242,000 on the National insurance increase are all interlinked
and with the removal of the additional 1.25% National insurance due in
quarter 3 the overall commitment is yet unquantified. Revised IMP £582,000 is
not expected to be fully required until 2023/24; £63,000 school real time data,
the department is looking into alternative ways of utilising this due to being
unable to recruit and £120,000 for Youth work (Buckie and Forres)
engagement has only just started and commitment will be required from
quarter 3 but full amount will not be required in this financial year. 
5.5 Three provisions that are classed as green have drawn down more than the
original allocation. Health & Social Care Package costs were estimated at
£185,000 split over 2021/22 and 2022/23.Due to a delay in the
commencement of the package the full amount was not drawn down until
2022/23. The budget pressure for National Insurance 1.25% increase was
£240,000 more than provided for but this element correlates to the
consolidated living wage, for which there is a provision. Within the budget a
provision was included for the consolidated living wage and the retrospective
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payments of £1,145,000. To date £428,000 has been drawn down along with
the over allocation for NI of £240,000. The change in NI rates from November
will see this being reduced, with the balance of the provision not being fully
required. The budget pressure for energy costs was estimated at £411,000
however due to the increase in the cost of energy since that estimate was
made this was under estimated by £1,224,000.  The prices of gas and
electricity for 2022/23 were not fixed until March 2022, after the budget was
approved. 
5.6 All other provisions are expected to be required in full at this juncture. 
6. EMERGING BUDGET PRESSURES 
6.1 Emerging budget pressures are noted throughout the year as they are
identified.  Pressures that were identified during quarter 2 are listed in the
table below:   
Para Ref Estimated full year
effect
£000s
Estimated under provision of staff
pay award
6.3 4,125
Increase in interest rates 6.4 1,800  
_____
Total  5,925  
====== 
6.2 As mentioned in paragraph 5.4 the budget pressure for utilities costs
calculated on the cost of energy reported in the annual Energy report in the
autumn of 2021 was insufficient and the cost of gas and electricity continues
to increase and will be a further budget pressure in 2022/23. 
6.3 When the budget was set a provision of £2,519,000 was included for a 2%
pay award for all staff.  The SJC pay award has now been agreed and will be
paid in quarter 3 at differentiated rates across the pay scale, averaging 5%
nationally. Negotiation continues on teachers’ pay.  On an assumption of 5%
across the board, an budget pressure of £4,125,000 (excluding social care
staff within the MIJB funding envelope) arises.  This will in large part be offset
by additional funding from Scottish Government and the estimated actuals
take account of the additional funding. 
6.4 There is an emerging budget pressure for the Council due to the increase in
interest rates which is expected to be £1,800,000, based on interest rates of
4%.  The bank rate is expected to continue to be increased in the face of
rising inflation rates.  However, it is still possible to borrow from other local
authorities at a rate lower than the Public Works Loans Board (PWLB) are
currently offering.  This is another volatile area which is being closely
monitored and actively managed. 
6.5 The budget will continue to be reviewed for any emerging pressures and
further recommendations will be made to future Committees when required.
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7. SAVINGS 
7.1 Savings of £1,576,000 were approved when the budget was set on 22
February 2022.  These savings comprised one-off savings of £68,000 and
other permanent savings of £1,508,000. 
7.2 Temporary savings of £68,000 will accrue from the refund due from Grampian
Valuation Joint Board, the amount of which will be confirmed when the
accounts are audited and approved by the Board at the meeting when the
audited accounts are approved.  The audit has been delayed and it is unclear
when Audit Scotland will complete the audit. 
7.3 Of the originally approved permanent savings, a balance of £336,000 remains
in central provisions as at the end of September.  These are detailed in
APPENDIX 6 and given a RAG assessment for anticipated achievement. 
7.4 One saving totalling £20,000 is assessed as red.  The saving relating to the
closure of Auchernack are unlikely to be achieved in 2022/23 because it will
only be realised when the building is disposed of. 
7.5 Three savings totalling £263,000 are assessed as amber.  These savings
relate to the Improvement and Modernisation programme (IMP) Stream 2: ICT
& Digital – schools admin £94,000, IMP Stream 4: Review & Expansion of
Flexible working £44,000 and Lean review £125,000.  These will be kept
under review. 
7.6 The other unposted savings are assessed as green - these are expected to be
achieved during this financial year. 
7.7 In addition to the savings approved when the budget was set, additional
savings of £69,000 accrue from the increase in NI threshold.  There was a late
posting of a vacancy factor increase of £36,000 relating to 2021/22.  A further
saving of £25,000 relates to a vacant post advised by the service to be no
longer required. £3,000 saving following the janitor restructuring. £49,000
saving from home tuition and £650,000 relating to childrens services approved
at Council on 29 September 2022 (para 16 of the minute refers).  Further
savings approved at that meeting have yet to be posted. 
8. ESTIMATED OUT-TURN 
8.1 APPENDIX 2 summarises the first estimated out-turn position for each service
area, comparing the estimated expenditure to the financial year-end with the
budget to 31 March 2023. 
8.2 Overall the estimated out-turn position for 2022/23 is expenditure under
budget of £11,602,000 or 4.6% of budget for the year (including services
delivered on behalf of the Moray Integrated Joint Board). 
8.3 The estimated out-turn position for 2022/23 for Health & Social Care is an
overspend of £2,368,000 on services provided by the Council to MIJB. The
overall projected overspend for all MIJB services is £3,366,000. However, due
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to additional funding received and reserves brought forward, there is expected
to be enough reserves to cover this overspend for 2022/23. The MIJB has a
cost sharing agreement between the Council and NHS Grampian, but due to
the use of reserves an adjustment to reflect the agreement is not anticipated
to be required. 
8.4 The principal areas of overspend and underspend across the Council reflect
the major variances mentioned in section 4 of this report. Details of projected
out-turn variances are summarised below: 
8.5 Staff savings from vacancies and appointment below top of scale across all
services are anticipated to exceed the overall budget provision by £855,000,
reflecting difficulties in recruiting and retaining staff.  Income budgets across
the Council are showing both positive and negative variances, with a
projected net effect of £179,000 over achievement. This includes increased
leisure income and recyclates but with a reduction in income for catering
income, car parking income, trade waste, planning and building control fees. 
8.6 In Children Services, there is a total projected underspend of £461,000. This
relates primarily to delays in new contracts for services being implemented
(£270,000).  Adoption allowances, legal fees and placements are projected to
be underspent by £73,000; fostering fees and allowances projected to be
£160,000 underspent ; one-off income received from adoption placement is
projected to give an underspend of £33,000 and throughcare/aftercare grants
are expected to be £38,000 underspend to year end. This is being reduced by
overspends in direct payments of £85,000; area teams £26,000 and home to
school transport £18,000. 
8.7 In Education there is an estimated overspend of £529,000 due to increased
costs and the reduction in specific grant for Early Learning & Childcare.  A
budget pressure of £2 million was recognised when the budget was set, due
to current demand for this service.  The service has been reviewed with a
view to containing costs and the recommendations of the review will be
reported to Education, Children’s and Leisure Services Committee. 
8.8 General Services Housing are projecting a minor overspend of £17,000, but
this is the result of a projected underspend of £319,000 on the Rapid
Rehousing Transition Plan, the funding for which will be required to be carried
forward into 2022/23, masking overspends elsewhere in the service.  There
are also project slippages projected in Economic Development totalling
£185,000.   
8.9 Loans charges are expected to be underspent by £5,801,000 due to a
combination of loans pool repayment holiday - £7,583,000 underspend – and
increased interest payments of £1,782,000, based on a loans pool rate of 4%. 
8.10 Centrally held provisions are expected to underspend by £4,099,000. This is
mainly due to slippage, with a number budget pressures and additions, as
identified in section 5 and totalling £2,593,000, not being required in this
financial year and to additional savings as itemised in paragraph 7.7 and
totalling £832,000.   
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9. RESERVES 
9.1 The balance on general reserves (excluding DSM and ear-marked reserves)
as at 1 April 2022 was £5,000,000. This is the minimum level of reserves that
can be held on free general reserves in terms of reserves policy. 
9.2 Moray Council on 29 June 2022 approved an additional use of covid ear
marked reserves totalling £1,449,000, as detailed in paragraph 3 (paragraph
14 of the Minute refers). Moray Council on 30 August 2022 approved
additional use of covid ear marked reserves totalling £960,000 for
employability (paragraph 8 of the minute refers).  The impact of this is an
estimated balance of £7,228,000 at 30 September 2022.  The additional
budget pressures totalling £66,000 noted above have reduced this balance
and will continue to do so as and when it crystallises. This further reduces the
estimated balance to 30 September 2022 to £7,162,000. 
9.3 Balances at 30 September 2022 for other ear marked reserves are
£4,388,000 for Transformation and £5,688,000 for Council priorities. 
10. SUMMARY OF IMPLICATIONS 
(a) Moray 2026: A Plan for the Future and Moray Corporate Plan
Effective budget management is an essential component of delivery of
council priorities on a sustainable basis. 
(b) Policy and Legal
No policy or legal implications arise directly from the contents of this
report. 
(c) Financial implications 
The financial implications are addressed throughout the report. 
(d) Risk Implications
There are no risk implications arising directly from this report.  Budget
managers are aware of their responsibilities for managing their budgets
in accordance with the Council’s Financial Regulations.  There is a risk
to the Council arising from the agreement that if the Moray Integrated
Joint Board overspends the Council will meet 37% of the additional
costs incurred.  Rising inflation presents a risk to the Council’s budget. 
The current economic climate is very volatile and there is a higher than
normal risk that the estimated actuals are significantly different from the
actual out-turn at 31 March. 
(e)  Staffing Implications  
No staffing implications arise directly from this report. 
(f)   Property  
No property implications arise directly from this report. 
(g) Equalities/Socio Economic Impact
No equalities implications arise directly from this report. 
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(h) Climate Change and Biodiversity Impacts
No climate change and biodiversity impacts arise directly from this
report. 
(i) Consultations
Consultation concerning Revenue Budget Monitoring is an on-going
process with budget managers across the Council.  CMT and Heads of
Service have also been consulted in the preparation of this report and
any comments incorporated. 
11. CONCLUSION 
11.1 The financial position of the Council at the end of September 2022 is an
underspend against General Services Revenue Budget of £644,000
(including services delivered on behalf of the Moray Integration Joint
Board).   
11.2 Variations in General Revenue Grant totalling £660,000 have been
notified to the council. 
11.3 There are additional budget pressures totalling £5,925,000 noted for
Council services in section 6 at quarter 2.   
11.4 The estimated out-turn position consists of an underspend of
£11,602,000, including the impact of the loans pool holiday. 
11.5 The Council has approved use of £14,924,000 from Covid ear-marked
reserves.   
Author of Report: Deborah O’Shea, Principal Accountant 
Background Papers: Held by author  
Ref:   
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APPENDIX 1MORAY COUNCIL - APPENDIX 1
BUDGET MONITORING REPORT
QUARTER 2 to 30 SEPT 2022
Service
Revised Budget
2022/23
£000s
Budget to 30
Sept 2022
£000s
Actual &
Committed to
30 Sept 2022
£000s
Year to date
variance
£000s
Education, Resources & Community 29,286 15,656 15,368 288
Childrens Services 17,637 9,324 9,277 47
Education 72,625 32,027 31,358 669
General Services Housing & Property 4,780 2,872 2,918 (46)
Environmental & Commercial Services 26,099 10,877 10,661 216
Economic Growth & Development Services 4,592 1,753 1,629 124
HR, ICT & Organisational Development 5,777 3,496 3,486 10
Financial Services 1,994 1,253 1,260 (7)
Governance, Strategy & Perfomance 6,525 4,080 4,200 (120)
Other Services 2,759 1,329 1,338 (9)
SERVICES excl HEALTH & SOCIAL CARE 172,074 82,667 81,495 1,172
Health & Social Care (IJB) 57,629 24,723 25,699 (976)
Health & Social Care (Non IJB) 160 (25) (473) 448
TOTAL SERVICES incl HEALTH & SOCIAL CARE 229,863 107,365 106,721 644
Loans Charges 14,407 0 0 0
Provision for Contingencies and Inflation 4,247 0 0 0
Additional Costs 3,661 0 0 0
Unallocated Savings 429 0 0 0
TOTAL PROVISIONS 8,337 0 0 0
TOTAL GENERAL SERVICES EXPENDITURE 252,607 107,365 106,721 644
Commentary on Quarter 1 Performance
Education: Devolved School budgets are underspent by £531,000 at the end of the first quarter, £157,000 in Primary
and £374,000 in Secondary schools.
Health & Social Care (Non MIJB): underspend of £448,000 primarily due to funding received from Scottish
Government for the Ukrainian resettlement Scheme
Governance, Strategy & Perfomance: are overspent on housing benefits £96,000, scottish welfare fund £48,000
being reduced by underspend in discretionary housing payments (being clawbacked by Scottish Government).
£156,000 overspend on local government elections
14.6%
8.7%
29.8%
2.7%
10.1%
1.6%
3.3%
1.2%
3.8%
1.2%
23.0%
0.0%
Budget YTD
% of Total
Education, Resources & Community Childrens Services
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) Health & Social Care (Non IJB)
14.4%
8.7%
29.4%
2.7%
10.0%
1.5%
3.3%
1.2%
3.9%
1.3%
24.1%Actual YTD
% of Total
Education, Resources & Community Childrens Services
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)
(1,200)
(1,000)
(800)
(600)
(400)
(200)
0
200
400
600
800
£000's
YTD Actual Variance to Budget (excl Loans & Provisions)
Education, Resources & Community Childrens Services
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)
Item 9.
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APPENDIX  2MORAY COUNCIL - APPENDIX 2
BUDGET MONITORING REPORT
QUARTER 2 to 30 Sept 2022
Service
Revised Budget
2022/23
£000s
Estimated
Outturn 2022
£000s
Anticpated
Variance £000s
Variance vs Base
Budget
%
Education, Resources & Community 29,286 28,602 684 2.3%
Childrens Services 17,637 17,073 564 3.2%
Education 72,625 73,143 (518) (0.7)%
General Services Housing & Property 4,780 4,797 (17) (0.4)%
Environmental & Commercial Services 26,099 25,802 297 1.1%
Economic Growth & Development Services 4,592 4,352 240 5.2%
HR, ICT & Organisational Development 5,777 5,761 16 0.3%
Financial Services 1,994 1,698 296 14.8%
Governance, Strategy & Perfomance 6,525 6,439 86 1.3%
Other Services 2,759 2,749 10 0.4%
SERVICES excl HEALTH & SOCIAL CARE 172,074 170,416 1,658 1.0%
Health & Social Care (IJB) 57,629 57,629 0 0.0%
Health & Social Care (Non IJB) 160 116 44 27.5%Adjustment to reflect cost sharing agreement
TOTAL SERVICES incl HEALTH & SOCIAL CARE 229,863 228,161 1,702 0.7%
Loans Charges 14,407 8,606 5,801 40.3%
Provision for Contingencies and Inflation 4,247 2,001 2,246 52.9%
Additional Costs 3,661 1,540 2,121 57.9%
Unallocated Savings 429 697 (268) (62.5)%
TOTAL PROVISIONS 8,337 4,238 4,099 49%
TOTAL GENERAL SERVICES EXPENDITURE 252,607 241,005 11,602 5%
Funded By:
Scottish Government Grant 192,146 192,146 0 0.0%
Council Tax 42,065 42,065 0 0.0%
Funded From Reserves:
DSM 0 0.0%
DSM c/f 0 0.0%
General 18,396 6,794 11,602 63.1%
MIJB Adjustment 0.0%
TOTAL FUNDING 252,607 241,005 11,602 4.6%
OVERALL VARIANCE 0 0 0
Commentary on Quarter 2 Performance
Loans charges are expected to be underspent by £5,801,000 due to a combination of loans pool repayment holiday  
and increased interest payments
Centrally held provisions are expected to underspend by £4,099,000, this is mainly due to slippage.
Education there is an estimated overspend of £529,000 due to increases costs and the reduction in specific grant
for Early Learning & Childcare.
11.6%
7.0%
28.8%
1.9%
10.3%
1.8%
2.3%
0.8%2.6%
1.1% 22.8%Budget 2022/23
% of Total
Education, Resources & Community Childrens Services 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)
11.9%
7.1%
30.3%
2.0%
10.7%
1.8%
2.4%
0.7% 2.7%
1.1%
23.9%
0.0%Est Outturn
% of Total
Education, Resources & Community Childrens Services 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)
(2,000)
(1,500)
(1,000)
(500)
0
500
1,000
£000's
Est Outturn Variance to Budget (excl Loans & Provisions)
Education, Resources &
Community
Childrens Services
Education
General Services Housing &
Property
Environmental & Commercial
Services
Economic Growth &
Development Services
HR, ICT & Organisational
Development
Governance, Strategy &
Perfomance
Other Services
Health & Social Care (IJB)
Health & Social Care (Non
IJB)
Item 9.
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Allocated
Budget
Provisions for
Contingencies
and Inflation
Additional
costs
Savings Budget Loan
Charges
Depreciation Total
Budget
£000s £000s £000s £000s £000s £000s £000s £000s
3 March 2021 204,445 5,281 18,876 (1,576) 227,026 13,707 240,733
School carry forwards 1,288 1,288 1,288
PEF carry forwards 1,046 1,046 1,046
ELC carry forwards 44 44 44
Funded from reserves - approved MC 29/06/20 0 0
Funded from Transformation Earmarked Reserve 55 55 55
Funded from Covid Earmarked Reserves 2,378 2,378 2,378
Additional GRG 6,745 6,745 6,745
Adjustment 1 18,058 (798) (18,334) 374 (700) 700 0
Funded from reserves - approved MC 30/06/20 0 0 0
Variance review - approved MC 2/09/20 0 0 0
0 0
Corporate Committee 30/08/22 227,259 4,483 7,342 (1,202) 237,882 14,407 0 252,289
Adjustment 2 2,475 (236) (3,869) 1,630 0 0
Funded from Covid Earmarked Reserves 130 130 130
Additional GRG 188 188 188
Moray Council 07/12/22 229,864 4,247 3,661 428 238,200 14,407 0 252,607
APPENDIX
3
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APPENDIX 4
ALLOCATIONS FROM PROVISIONS SINCE 30 JUNE 2022
Provision for Contingencies and Inflation Committee
reference
£000s £000s
Balance at 30 June 2022 4,483
Contract increases N/A (26)
NDR budget adjustment N/A (176)
Maximum Basic Scale (MBS) Primary & Secondary (78)
Other N/A 44
(236)
Balance at 30 September 2022 4,247
Additional Costs £000s £000s
Balance at 30 June 2022 7,342
Movements in General Revenue Grant
Bridging Payments (to be treated as agency payments) (472)
SNCT Pay award 585
Local Heat & Energy Efficiency strategies (LHEES) 75 188
Budget pressures approved when budget set
Additional cleaning at Pilmuir (374)
Additional Teachers (188)
ASN Allocations (400)
DSM/ class contact time review (31)
Moray Growth Deal (57)
Consolidated living wage (202)
National Insurance increase (3)
Revised IMP (367)
Energy costs (1,635) (3,257)
Additional funding allocated
Covid economic recovery fund (480)
Free school meals (97)
Removal of music tuition charges (35) (612)
Balance at 30 September 2022 3,661
Savings & Charges £000s £000s
Balance at 30 June 2022 (1,202)
Permanent savings approved when budget set:
Childrens services out of area placements 800
Vacancy target increase 128
Janitorial restructure 3
Savings identified after budget set:
Childrens services temporary saving 600
Childrens services permanent saving 50
Home Tuition 49
1,630
Balance at 30 September 2022 428
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APPENDIX 4
BUDGET PRESSURES
Ref Description Amount
£000s
Status Reasons
RECOGNISED WHEN BUDGET SET
Social Work
H&SC Care Package (79) The original budget pressure was split over 2 years, the £79,000 was not drawn down
in 2021/22 due to a delay in the package commencing
Education Resources & Communities
ASN Allocations 222 £878,161 drawn down - balance to be drawn down in Qtr3
Additional funding for teachers etc 215 New positions to be advertised unlikely to be in place before January with balance of
funding required in 2023/24
DSM / class contact time review 13 £30,532 drawn - balance required in 2023/24
Education
School roll numbers 337 £195,697 drawn down -  following new roll predictions this figure was reduced from
£860k to £533k and the balance transferred to additional teachers ECLS 9/3/22.
£100,000 required in October (roll predictions provided by RIO against actuals -
primary prediction 6908 actual 6824, secondary prediction 5462 actual 5388 giving a
total of 158 pupils less than predicted). Balance not required
Additional teachers etc 468 £243,000 required to be drawn down in Qtr 3, balance not required until 2023/24
Removal of music tuition fees and core
curriculum charges
64 Not required due to redetermination in row 62 below.
Economic Growth & Development
Budget Pressures associated with Economic
Recovery Plan
193 Town centre pop up shops now operational but won't be spent in full this year. 
Business start up grants unlikely to be spent in 2022/23
MGD revenue contribution STEM 3 £57,170 drawn down - balance required in 2023/24
Bus Revolution revenue (2) £62,282 drawn down
Moray Growth Deal support 30 £44,646 drawn down. Recruitment for 0.5 post
Development Plan Scheme - transportation
appraisals
200 Committee paper  to be submitted in Dec.  Unlikley to be required until 2023/24
Governance etc
Records management (1) £45,044 drawn down
Scottish Disability Assistance 44 Detail not known
Cross Service
Clearance of Bilbohall Site for housing
development
120 Work not expected on site until end 2022, will not be required in this financial year
Consolidation Living Wage 297 £428,000 drawn down
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LW retrospection (one off) 420
National Insurance 1.25% increase (242) £942,000 drawn down
Revised IMP 582 £416,250 drawn down - 1 position still to be filled, balance will be required in 2023/24
Energy costs (1,224) £1,634,865 drawn down
Total 1,660
Funded from Covid Earmarked Reserves
Annual maintenance of automatic bollards
Elgin High Street
7 Unlikely to be required this year.
Total 7
Funded from Transformation Earmarked Reserves
ELC Consultants 30 £19,600 drawn down
Renewables Income Fund 5 To be reviewed for Q3
Total 35
ADDITIONAL BUDGETS APPROVED
Participatory budgeting (70) drawn down
ASN Review (120) drawn down
MDF contract re-tender (5) drawn down
Total (195)
Free School Meals Extension 402 Budget drawn down for term 1. School funding £62,500k to be drawn down in quarter 3
and £37,500k required in 2023/24.
Free School Meals holiday provision 153 £96,600 drawn down - £32,548 to be drawn down in October with a further payment
due in December.
School real time data 63 The department is looking into alternative ways of using this due to being unable to
recruit RIO.
Youth Work (Buckie and Forres) 120 Discussions with young people has just started - spend to start in Qtr3
Levelling Up Fund 221 Budget drawn down for commitments agreed to date  per MC 29.6.22
Property Level Flood Protection 5
Cyber Security - Phishing Solution -1 drawn down
COVID Economic Recovery Fund 202 Agreed at MC 10/08/22 to reallocate £162k to Flexible food fund and £40k to sport and
culture hardship fund
Discretionary Housing Payments 29 Required
Removal of Core Curriculum Charges 127 To be drawn down in Qtr3
Removal of Music Tuition Charges 57 Not required
FUNDING FOR NEW DUTIES
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FSM Expansion 28 Balance of FSM extension above
National Trauma Training Services 50 Required
Free Period Products 12 Not required
Easter Study Provision 26 Not required
Funding for SNCT pay award 585 Will be required
LHEES 75 Will be required
Total 2,154
Total 3,661
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SAVINGS APPENDIX 6
Update Qtr2
Ref Description Amount
£000s
Status Committee
reference
Reason for balance
Approved for 2022/23 budget:
Education Resources & Communities
Closure Auchernack (20) MC 27/02/2019 Will only be realised when building disposed of, but this is
not expected to be this financial year.
LED lighting (2) MC 22/2/2022 Balance to be posted in Q3
Corporate/Cross Service
Increase vacancy factor in line with pay awards (2
years in 2022/23)
(51) MC 22/2/2022 Balance to be posted in Q3
Indicative Savings from I&M programme
Stream 2: ICT & Digital - Schools Admin (94) MC 03/03/2021 Report to go to committee in November 2022
Stream 4: Review & Expansion of Flexible Working (44) MC 03/03/2021 Report to go to committee in November 2022
Lean review (125) MC 3/3/2021 Report to go to committee in November 2022
Total (336)
Temporary Savings (68) GVJB refund (based on unaudited accts £82,265 would be
returned in Oct)
Balances from roundings:
Savings 0
Additional Savings Identified :
Rev Criminal Justice Insurance Amendment (1)
NI Threshold 70
DAR 30.5.22 - Copy Shop Asst 25
21/22 Vacancy target inc (posted after budget roll 36
Janitor restructure 3
Childrens services 650
Home tuition 49
832
428
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APPENDIX 7
General Reserves Committee
reference
Approved
£000s
Budget
released
£000s
General Reserves @ 1 April 2022 5,000
Free balance @ 30 September 2022 5,000
Transformation Ear marked Reserve Committee
reference
Approved
£000s
Budget
released
£000s
Balance @ 1 April 2022 5,480
Funding from reserves approved in 2022/23:
Raising attainment MC 15/09/21 (998)
ELC consultants MC 04/06/22 (50) (50)
Climate change MC 05/21 (44) (44)
(1,092) (94)
Free balance @ 30 September 2022 4,388
Covid Ear marked Reserve Committee
reference
Approved
£000s
Budget
released
£000s
Balance @ 1 April 2022 22,086
Less commitments against reserves when budget
was set:
To balance budget MC 22/02/22 (8,190)
ASN MC 22/02/22 (250)
(8,440)
Funding from reserves approved in 2022/23:
Rapid rehousing MC 29/06/22 (325) (325)
Day cleaning CORV (posted after budget rolled) (132) (132)
Tenant Hardship MC 29/06/22 (39) (39)
Flexible Food Fund/SWF MC 29/06/22 (123) (123)
Discretionary Housing Payments MC 29/06/22 (145) (145)
Community Planning Pship MC 29/06/22 (21) (21)
Winter Support Funding MC 30/11/21 (26) (26)
Trade Union provision 22-23 Corp 14/06/22 (22) (22)
Community Wealth Building Officer MC 29/06/22 (16) (16)
Pop up shops MC 29/06/22 (44) (44)
Start Up grants MC 29/06/22 (100) (100)
Brexit Support MC 29/06/22 (26) (26)
ECOD ECOD 03/02/21 (87) (87)
Education Covid budgets (1,051) (1,482)
Replace financial flexibilities (3,120)
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Renewables Income Fund (5) (5)
Whole Family Wellbeing Fund MC 29/06/22 (37) (37)
Children &Young People Mental Health COVID MC 29/06/22 (129) (129)
Refugee Funding MC 29/06/22 (10) (10)
Employability GRG Corp 30/08/22 (960) (65)
Temp registrars admin posts MC 30/11/21 (52) (52)
Day cleaning cessation 450 450
Trade Union provision 22-23 Corp 14/06/22 (18) (18)
Employee Assistance programme HR extension (15) (15)
Education Covid budgets (431) (431)
(6,484) (2,900)
Approved use of reserves (14,924)
Free balance @ 30 September 2022 7,162
Council Priorities ear marked Reserve Committee
reference
Approved
£000s
Budget
released
£000s
Balance @ 1 April 2022 5,881
Less commitments against reserves when budget
was set:
Moray Growth Deal cash flow MC 22/02/22 (193)
Free balance @ 30 September 2022 5,688
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: SHORT TO MEDIUM TERM FINANCIAL PLANNING 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To consider updated budget projections and recommended budget savings. 
1.2 This report is submitted to the Council in terms of the Council's Administrative
Scheme section (III) (A) (2) relating to considering Capital and Revenue
budgets and long term financial plans. 
2. RECOMMENDATION 
2.1 It is recommended that the Council notes: 
(i) The updated budget and estimated out-turn for 2022/23 and forecast
positions for 2023/24 and 2024/25; 
(ii) That there are still significant uncertainties relating to the Council’s
budgetary position for 2022/23 and future years; and 
(iii) That inflationary pressure is worsening the projected short to
medium term outlook and that there is therefore an increasing
urgency to achieve budget reductions. 
2.2 It is recommended that the Council approves: 
(i) the savings set out in paragraphs 4.2 to 4.5 and summarised in
paragraph 4.7, totalling £117,000 recurring savings and £270,000
one-off savings; and
(ii) One-off payment of £81,000 to Moray Leisure Limited to cover the
cost of implementing the Scottish Living Wage in 2022/23. 
3. BACKGROUND 
3.1 The Council’s revenue and capital budgets for 2022/23 were approved at a
special meeting of Moray Council on 22 February 2022 (paragraph 4 of the
Minute refers).  At that time there was an environment of considerable
Item 10.
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uncertainty about the state of the economy, due to the impact of the Covid-19
pandemic and Brexit and geo-political pressures, with rising inflation and bank
rates increasing.  The pay award for local government staff for 2022/23 was
unknown and the teacher’s pay award for 2021/22 still not agreed. An update
was given to Council on 10 August 2022 (paragraph 16 of the Minute refers)
and on 28 September 2022 (paragraph x of the Minute refers). 
3.2 There is still considerable uncertainty regarding some key variables in the
budget.  In particular teachers’ pay awards have not been agreed.  However,
the position regarding costs of electricity, gas and fuel oil has developed as was
reported to Economic Development and Infrastructure Services Committee on
15 November 2022 (paragraph x of the minute refers).  The annual energy
strategy report included projections of cost for electricity and gas from Scottish
Procurement and these have been used to calculate potential budget pressures
for 2023/24 of £1.5 million and for 2024/25 of a further £0.9 million and these
are included in the budget projections in APPENDIX 1.  A further £537,000 has
been added for contracts with inflationary uplifts in 2023/24. 
3.3 The impact of taking a loans pool holiday in 2022/23 – one-off savings of £7.6
million, which adds to loans charges for the next 20 years as the holiday
requires to be paid back in full over that period as a maximum – and of
increased interest payments arising from the bank rate being increased are also
included, with a full year effect budget pressure of £3.6 million in 2023/24. 
3.4 The impact of additional funding of £2 million from Scottish Government to fund
pay awards is included in the budget for 2022/23.  The impact of the full range
of savings discussed below is also included in APPENDIX 1.   
3.5 APPENDIX 1 has not been adjusted for potential cuts in funding from Scottish
Government following the Spending Review planned for 15 December after the
UK Autumn Statement nor for the warning from the Auditor General that
Scottish Government might overspend in 2022/23 with potentially a clawback
from UK Government in 2023/24.  No adjustment has been made for the
expected reduction in Early Learning and Childcare specific grant (as the
quantum is not yet known).  Inflation is now forecast to remain at higher levels
until 2024 and that is likely to impact on future pay negotiations as well as on
the cost of goods and services.  There remains clear potential for the savings
target to increase significantly from 2023/24 onwards and with reducing
reserves and flexibilities exhausted, it is essential that momentum is not lost in
identifying savings to remove the structural deficit and cover emerging budget
pressures. 
3.6 APPENDIX 1 has been adjusted to show the impact of the first pass estimated
actuals for 2022/23, which are the subject of another report on this agenda. 
After allowing for the impact of the loans pool holiday, the anticipated out-turn at
this juncture is an underspend against budget of £4 million.  Around £800,000
of that projected underspend is on staffing, reflecting difficulties in recruiting and
retaining staff.  Additional savings of £832,000 have been approved since the
budget was set (£600,000 for one year only) and the part year effect of the
removal of the 1.25% increase in National Insurance is a further saving of
£152,000.  Project slippage accounts for £1.7 million projected underspend and
at least part of this will require funding in 2023/24.  There is also money held
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centrally as provision for budget pressures which have since then been
separately funded by Scottish Government, and that makes up the balance of
the underspend. 
3.7 When the Short to Medium Term Financial Plan was last reported to Council on
28 September 2022, the forecast savings required over the period 2023/24 to
2024/25 was £24.6 million, with £3.7 million savings approved or
recommended, leaving a balance of £20.9 million savings to be found.  The
forecast included in this report is for savings of £29.7 million required over that
period, with £3.8 million savings approved or recommended, leaving a balance
of £26.9 million to be found.  The movement in savings required – an increase
of £5.1 million from £24,6million to £29.7 million - is described in paragraphs
3.2 to 3.4 above and summarised below: 
Additional costs / (savings) 2023/24
£000s
2024/25
£000s
Energy costs 1,544 866
Other inflation 537 247
Interest rates 3,600 
Loans pool holiday -repayment 379 
Additional grant baselined (2,007) 
Savings recommended  (117) 
TOTAL 3,936 1,113   
3.8 Moray Leisure Ltd have paid their staff at Moray Leisure Centre the Scottish
Living Wage (SLW) since April 2022.  The Council as an accredited Living
Wage employer should be encouraging all its suppliers to be paying or moving
towards payment of the Living Wage.  The additional cost to Moray Leisure Ltd
was £81,000 which can be met from central provisions in 2022/23 and it is
recommended that a one-off payment of £81,000 is made to Moray Leisure Ltd
and that discussions of future subsidies for Moray Leisure Centre include
discussion of what provision is needed on a recurring basis to cover the cost of
SLW.  
4. BUDGET SAVINGS 2022/23 TO 2024/25 
4.1 Council on 10 August 2022 (paragraph 16 of the Minute refers) approved a
hierarchical approach to budget savings, with preference given to
transformation of services, thereafter to income generation and finally to service
reduction / cessation, recognising that given the scale of savings required there
would be a requirement to reduce service provision 
4.2 The draft budget is heavily reliant on use of reserves to balance, with a
significant underlying deficit, and this is not a sustainable position for the
Council to be in and is also highly risky, given the levels of uncertainty around
teachers pay awards and the level of funding from Scottish Government. 
Projected savings in 2022/23 from the Improvement and Modernisation
Programme are highlighted in the Revenue Budget Monitoring report, which is a
separate report on this agenda, as Amber ie there is significant doubt that they
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will be achieved during this financial year.  That points towards an early
emphasis on income generation to minimise service reduction / cessation. 
Income generation
4.3  Charges for Council services were frozen in 2022/23 and are being reviewed
for 2023/24.  A comprehensive review of charges will be brought to Council
early in the new year.  However, one charge is brought for early consideration.
It is proposed that the charge levied for the garden waste permit, currently £40
pa, is increased to £44 pa. Like other charges, this did not increase from
2021/22 to 2022/23. The collection of green waste is not a requirement on local
authorities, and there are a variety of arrangements in place across Scotland,
with a significant number of authorities not actually providing a collection
service for green waste, instead requiring households to either compost at
home or take their green waste to waste and recycling centres. Since the
introduction of a permit for green waste collection there has been a year on
year increase in the number of permits purchased.  Based on a target of 22,215
sales for 2023/24, a charge of £44 would generate income of £977,460 which is
equivalent to a budget saving of £97,460. 
4.4 Currently the charge is a one-off charge before the start of the financial year.  It
would be possible to offer the option of paying in two instalments of £22, one in
February, one in March, to enable households to spread the cost. Given the
timescales of implementing instalment payments, a decision on the brown bin
permit is required at this meeting. If the decision is deferred to a future meeting
there would be insufficient time to implement payment by instalment. In the
future it may be possible to alter the start date of the permits to a later point in
the year, allowing greater flexibility in considering payment options, but this
requires further development and would have potential financial consequences
that have not yet been fully appraised.   
Further savings
4.5 As part of the Council’s Climate Change response officers have been
investigating the feasibility of salary sacrifice scheme for electric or ultra-low
emission cars.  Participants in a salary sacrifice scheme must maintain their
residual salary at at least the minimum wage, and that requirement given the
price of electric cars would debar over half the workforce from the opportunity to
benefit for the scheme.  The inclusion of ultra-low emission cars in the scheme
would widen the potential membership.  Based on a nearby authority which has
been running such a scheme for 10 years the savings which might be
anticipated in the first year of operation have been estimated at £20,000. 
These savings accrue from savings in employers National Insurance.  The
employee benefits from savings in tax and employees National Insurance. 
Increased uptake of electric or ultra-low emission vehicles would contribute
towards the Council’s Climate Change Strategy. 
4.6 The Council budgets for savings from vacancies and staff appointed at less
than top of the scale to recognise the impact of staff turnover on expenditure. 
Teaching vacancies are not covered by a similar vacancy factor and savings
are carried forward under the Devolved School Management (DSM) scheme or
used in year to augment the refurbishment element of the DSM budget or to
fund other supporting staff posts.  A one year saving from vacancies is
proposed to be implemented in 2022/23.  It is difficult to estimate the level of
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savings this would generate, as the last 2 years have been very atypical in
terms of school staffing, with additional covid funding and the restrictions of the
pandemic.  A saving of £270,000 is estimated as a conservative indication and
is included in APPENDIX 1.  The saving is offered for one year only as reduced
class contact time is to be introduced in 2023/24 and this will reduce flexibility
for school staffing. 
4.7 An Equality Impact Assessment for the proposal at paragraphs 4.4 is included
as APPENDIX 2 to this report. 
4.8 In summary, the following savings, totalling £117,000 recurring savings and
£270,000 one-off savings, are recommended: 
Para Ref * 2022/23
£000s
2023/24
£000s
2024/25
£000s
2025/26
£000s
Garden waste permits 4.2 D4-3  97  
Salary sacrifice 4.3 F4-3  20  
Teacher vacant posts 4.4 A2 3-2 270   
TOTAL 
Recurring savings   
270  117 
117   
‘*  Members’ use – library reference 
5. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Financial Planning is integral to the Council’s overall planning processes
and allows the Council to direct resources to its agreed priorities which
include financial sustainability. 
(b) Policy and Legal
The Council is required by statute to set a balanced budget before the
start of the financial year.  The requirement is set out in the Local
Government Finance Act 1992 (section 93). 
(c) Financial implications
The Council has an underlying structural deficit which will be met from
reserves in 2022/23 but this cannot continue as reserves are finite and
earmarked reserves for transformation and priorities will be essential to
enable the council to flex and adapt and respond to climate change and
other priorities. A continued and heightened budget gap is forecast for
2023/24 and 2024/25.   
Early action to tackle the projected funding gap for 2023/24 and 2024/25
is therefore required.  A further £117,000 recurring savings and £270,000
one-off savings are proposed.  There are considerable uncertainties
regarding a number of potential budget pressures and inflation is now
projected to continue at a high level for longer than was previously
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forecast.  To achieve financial stability and sustainability the creation of
further non-essential budget pressures must be avoided.       
(d) Risk Implications
The forecast deficits for 2023/24 and 2024/25 represent a significant risk
to the Council.  There is also a risk that the deficits are understated. 
Recent reviews have increased forecast costs. 
(e) Staffing Implications
There are no staffing implications arising directly from this report,
although the proposed salary sacrifice scheme will potentially increase
the range of benefits on offer to employees. 
(f) Property
There are no property implications arising directly from this report.   
(g) Equalities/Socio Economic Impact
Any savings proposal with an equalities impact will be subject to an
Equalities Impact Assessment (EIA).  The EIA for the salary sacrifice
scheme is included as APPENDIX 2 to this report and the Equal
Opportunities Officer has advised that a EIA is not required for the
proposed increase to the charge for the garden waste permit. 
(h) Climate Change and Biodiversity Impacts
There are no implications for biodiversity arising directly from this report. 
The salary sacrifice scheme is an opportunity to contribute towards the
Council’s Climate Change plans. 
(i) Consultations
CMT and Heads of Service have been fully involved in the preparation of
proposed savings and Political Group Leaders has been consulted.   
6. CONCLUSION 
6.1 There are considerable uncertainties regarding the Council’s budgetary
position in 2022/23 and beyond, however the underlying position is an
increasing deficit, funded by use of ear-marked reserves to balance. 
Further savings are therefore required and proposed recurring savings of
£117,000 are set out in this report, with additional one-off savings of
£270,000. 
6.2 The first estimated out-turn for 2022/23 is an underspend, partly
generated by the use of one-off financial flexibility, and that reduces the
forecast need to use reserves in 2022/23.  While this would free an
element of reserves, these are not a sustainable way to address an
increasing deficit: reserves are finite and non-recurring, and so while they
can buy time, this comes at a cost as they simply serve to increase the
savings burden in future years when applied to recurring costs. Looking
ahead to a projected gap of over £15m in 2024/25, a gap which may grow
still further, every effort should be made to identify savings as early as
possible and reduce reliance on reserves.
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Author of Report: Lorraine Paisey, Chief Financial Officer
Background Papers: Political Group Leaders agenda papers
Ref:  SPMAN-1293228629-770/
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APPENDIX 1 
BUDGET OVERVIEW AS AT 22 NOVEMBER 2022                  
2022/23  2023/24  2024/25  2025/26
Revenue Expenditure   £000s  £000s  £000s  £000s
Service allocations (assuming prior year
savings are achieved)  
239,957  245,956  243,918  234,697
Adjustments to brought forward figure:   (17,542)  (690)  (285)  0
Opening budget   222,415  245,262  243,633  234,697
Pay and price increases   5,282  3,900  4,000  3,960 
(Decrease) / Increase in Loan Charges per
budget  
700  1,700  1,500  (495)
Increase in loans charges from loans pool
holiday 2022/23    
379    
New Burdens   4,726  0  0  0
Budget pressures:         
- Approved or noted for future years when
budget set   16,479  1,890  940  700
- Approved since budget set   50  0  0  0
Emerging   5,969  3,960  1,135  0
Service developments         
-  Approved   645  0  0  0   
256,266  257,091  251,208  238,862          
Revenue Funding         
General Revenue Grant / NDRI   189,102  183,045  183,045  184,875
New burdens funding not included in grant
above  
4,726  0  0  0
Council Tax   41,505  48,632  50,516  52,370
Release from Repairs and Renewals
Reserve  
704      
Funding from General Reserves:         
Impact of estimated actuals   (3,900)      
Funded from Ear-marked reserves:         
Transformation   2,497  1,060  0  
Council priorities         
MGD cash flow   193  759  1,136  0
Covid   6,761  10,423  0                         
241,588  243,918  234,697  237,245
Item 10.
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SAVINGS REQUIRED      13,293  16,511  1,617          
Savings Summary         
Savings Approved:         
Approved when budget set   1,245  0  0  
Temporary savings including financial
flexibility  
8,601  775  0  0
Further savings approved   0  63  0  
Indicative Savings from I&M Programme   263  557  362  
Other savings proposed   789  1,235  818  47          
Savings to be identified     10,543  15,311  1,570   
11,018  13,173  16,511  1,617          
Estimated Free Balance on General
Reserves    5,000  5,000  5,000  5,000
Estimated Balance on covid Reserve     19,225  8,802  8,802  8,802
Estimated Balance on Transformation
Reserve    2,983  1,924  1,924  1,924
Estimated balance on Council priorities   5,881  5,881  5,881  5,881
Estimated balance on MGD cash flow
reserve   3,807  3,048  1,912  1,912 
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APPENDIX 2
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Black Book Ref F4
Saving Ref F4-3
SECTION 1 - DO I NEED AN EIA? 
DO I NEED AN EIA? 
Name of policy/activity: 
Salary Sacrifice Scheme for Ultra Low Emission Vehicles 
Please choose one of the following: 
Is this a:
• New policy/activity 
• Existing policy/activity?  This is a new activity.
• Budget proposal/change for this policy/activity?
• Pilot programme or project? 
Decision
Set out the rationale for deciding whether or not to proceed to an Equality Impact
Assessment (EIA) 
There are criteria in relation to national minimum wage levels that can prohibit who can
take up salary sacrifice schemes.   Given the value of cars, it is possible that an
increased number of employees will not be able to participate as the payments may take
them below national minimum wage levels.   The Council has a large proportion of female
employes in part time low paid jobs which could result in an indirect negative impact on
this group of staff. 
Date of Decision: 
If undertaking an EIA please continue onto the Section 2. If not, pass this signed
form to the Equalities Officer. 
Assessment undertaken by:  
Director or Head of Service  Frances Garrow, Head of HR, ICT and OD
Lead Officer for developing the
policy/activity 
Anne Smith, Senior OD Adviser
Other people involved in the screening
(this may be council staff, partners or
others i.e contractor or community) 
Item 10.
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APPENDIX 2
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SECTION 2: EQUALITY IMPACT ASSESSMENT 
Brief description of the affected service
1. Describe what the service does: 
This is provision of a salary sacrifice scheme for eligible employees as part of the employee
benefits on offer.   HR currently are responsible for salary sacrifice schemes, however there
is a crossover with the Climate Change team who are also proposing introducing the same
scheme. 
2. Who are your main stakeholders? 
Managers, employees, trade union reps  
3. What changes as a result of the proposals? Is the service reduced or removed?
An additional salary sacrifice scheme is introduced.  There are no service reductions or
removals.   There are savings on employers’ contributions for the organisation. 
4. How will this affect your customers?
Not all employees are eligible.  There are national minimum wage thresholds that cannot
be breached which given the value of the cars, may impact more people than the current
salary sacrifice schemes for bikes and additional pension contributions. 
Our analysis in Appendix 1 provides an overview of the scheme parameters and analysis
of the impact on our workforce. 
This analysis shows that the introduction of this scheme would have a negative impact on
the Sex protected group.  Due to the national minimum wage thresholds, our workforce
undertaking roles in Grade 1 – 5 of our 13 tier salary scale would not be eligible to apply. 
This relates to 72% of our workforce holding part time, full time or relief/casual posts in
the council.   Of this 72% of the workforce, the gender split is 81% female and 19% male.
90% of the female workers are employed on a part time basis compared to 36% male
workers, 10% of female workers are employed full time compared to 64% of male
workers.  As a result of this gender split there are higher numbers of female workers
therefore also impacted as a result of age in that we have higher number of females
compared to males within each age bracket however the overall comparison of the age
profile is in line with Moray Council overall. This analysis highlights the negative impact
on our female workers with regards to this proposal. 
Appendix 1 provides a full breakdown of the analysis. Please note the council do not hold
accurate workforce data as this is provided voluntarily we are unable to fully assess the
impact on all the protected groups for this assessment and as such only Sex and Age
have been provided in the attached as the other data was too small to be valid.   
5. Please indicate if these apply to any of the protected characteristics
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APPENDIX 2
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Protected groups Positive impact Negative impact
Race   
Disability   
Carers (for elderly, disabled or
minors)  
Sex  x
Pregnancy and maternity (including
breastfeeding)  
Sexual orientation  
Age (include children, young
people, midlife and older people)  
Religion, and or belief  
Gender reassignment  
Inequalities arising from socio-
economic differences  
Human Rights 
6. Evidence. What information have you used to make your assessment? 
Performance data 
Internal consultation Economic Development Service Reps
Consultation with affected groups 
Local statistics Workforce profiling data
National statistics 
Other 
7. Evidence gaps 
Do you need additional information in order to complete the information in the previous
questions? 
We do not hold accurate workforce personal data as currently staff require to volunteer
this information so therefore the full impact on the protected groups is not fully known
however one of our Equality Outcome actions is to improve the quality of our reporting
data to address this. 
8. Mitigating action 
Can the impact of the proposed policy/activity be mitigated?  
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APPENDIX 2
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No in that we are unable to offer this benefit to our lower paid employees 
Please explain 
We are legally required for participants to remain above the National Minimum Wage 
9. 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?   
Operating a low emissions car scheme would improve employee travel carbon footprint
by encouraging use of more efficient vehicles and would support the aims of the Council’s
Climate Change Strategy.   
Council would achieve budget savings via the benefit from tax and NI exemptions and
there could potentially be savings in mileage reimbursement to employees who move to
electric vehicles as the mileage rate for EVs is 5 pence per mile as opposed to 45 pence
per mile. 
It is a requirement to ensure that participants remain to be paid NMW. 
In the current climate this proposal would improve our employee engagement and
potentially improve recruitment and retention through a wider employee benefits offering. 
Have you considered alternatives? 
Yes, however whilst there are other schemes available, they would not benefit from tax
and NI exemptions and would therefore not result in any employer savings, albeit they
would enhance the overall employee benefits package offered by the Council 
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APPENDIX 2
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SECTION 3 CONCLUDING THE EIA 
Concluding the EIA 
1. No negative impacts on any of the protected groups were found. 
2. Some negative impacts have been identified.
The impacts relate to: 
Reducing discrimination, harassment, victimisation or other conduct
prohibited under the Equality Act 2010
x
Promoting equality of opportunity x
Fostering good relations x
3. Negative impacts can be mitigated the proposals as outlined in
question 8 
4. The negative impacts cannot be fully mitigated but are justified as
outlined in question 9. 
x
5. 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: 
The council is facing significant financial challenges, with savings of £27m to be made in
order to develop a sustainable council. 
The proposal will allow a savings against NI and Tax exceptions to be made which will
contribute towards the overall financial savings to be made. 
Operating a low emissions car scheme would improve employee travel carbon footprint
by encouraging use of more efficient vehicles and would also support the aims of the
Council’s Climate Change Strategy.
During a particularly challenging recruitment market, the introduction of this scheme
would also enhance the overall employee benefits package offered by the Council. This
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APPENDIX 2
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type of action would normally have a positive impact on employee engagement,
recruitment and retention.   
Date of Decision: 
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APPENDIX 2
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Sign off and authorisation: 
Service 
Department 
Policy/activity subject to EIA 
We have completed the equality impact
assessment for this policy/activity. 
Name: Anne Smith
Position: Senior OD Adviser
Date: 
Authorisation by head of service or
director.
Name: 
Position: 
Date:
Please return this form to the Equal Opportunities Officer, Chief Executive’s Office. 
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: CAPITAL PLAN 2022/23 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT &
FINANCE) 
1. REASON FOR REPORT 
1.1 To advise the Council of expenditure to 30 September 2022 under the capital
plan for financial year 2022/23 and of estimates of projected expenditure
profiled into quarters. 
1.2 This report is submitted to Council in terms of Section III (B) 9 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. RECOMMENDATION 
2.1 It is recommended that Council considers and notes: 
(i) expenditure to 30 September 2022 of £10,144,000; 
(ii) the current projected expenditure of £40,497,000 for 2022/23
profiled into quarters, as set out in APPENDIX 1; and 
(iii) the projected overall expenditure for projects spanning more than
one financial year, as set out in APPENDIX 2. 
2.2 It is recommended that Council approves amendments to the 2022/23
and 2023/24 capital plan as detailed in paragraph 6.1 of this report. 
3. BACKGROUND 
3.1 The capital plan for 2022/23 totalling £51,426,000 was approved by Moray
Council on 22 February 2022 (paragraph 4 of the Minute refers). 
Amendments (largely carry forwards from 2021/22) approved by the Council
at its meeting on 23 February 2022 (paragraph 7 of the Minute refers) and 29
June 2022 (paragraph 17 of the minute refers) and by the meeting of
Corporate Committee on 30 August 2022 (paragraph 9 of the minute refers)
have been incorporated to give a current approved capital plan for 2022/23
totalling £56,299,000.  The current projected expenditure is £40,497,000, but
Item 11.
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this estimate should be treated with caution due to volatile conditions within
the construction industry and in supply chains of materials.  These issues are
resulting in contractors declining to tender for works or increasing prices
significantly above estimates and also in delays in construction works and
delivery of goods.  Consequently, this figure should be treated as the
maximum spend expected in year and realistically expenditure is likely to be
significantly lower than that. 
3.2 As some sizeable projects span more than one financial year, this report
includes a separate APPENDIX 2, giving details of expenditure on such
projects in order to give a complete financial overview of these projects. 
4. CAPITAL PLAN 2022/23 
4.1 A copy of the summary capital plan is included as APPENDIX 1 showing
actual expenditure to 30 September of £10,144,000.  This is just over 18% of
the currently approved capital plan.  General Capital Grant of £4,282,000 has
been received from the Scottish Government.  Other grants and contributions
of £370,000 have also been received, the details of which are as follows: 
Grant Amount
(£)
Source
Moray Growth Deal – Digital Health
Project
£134,000 Scottish Government
Provision of CO2 monitors in schools
and Early Learning & Childcare
Settings
£81,000 Scottish Government
Speyside Way Upgrades £24,000 Low Carbon Travel &
Transport Challenge
Fund
Lossiemouth Bridge Replacement £131,000 Scottish Government
TOTAL £370,000 
4.2 In addition to this, Developer Obligations of £164,000 have been received up
to quarter 2 of this financial year and capital receipts of £456,000 for the sale
of land and buildings and vehicles. 
4.3 Expenditure on land and buildings to 30 September 2022 totals £5,067,000. 
The main items of expenditure are £1,912,000 on works to improve the school
estate and £757,000 for the Council’s contribution to the construction of the
NESS Energy for Waste plant. 
4.4 Expenditure on infrastructure assets to 30 September 2022 totals £3,169,000. 
The main items of expenditure were £1,608,000 on roads resurfacing works
carried out throughout the council area, and £747,000 on various bridge
improvement projects. 
4.5 Expenditure on vehicles, plant and equipment to 30 September 2022 totals
£1,907,000.  The main item of expenditure was £1,384,000 on the Vehicle
and Plant Replacement Programme, a significant proportion of which is
slippage from 2021/22 due to the current lead time for the delivery of vehicles. 
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5. PROJECTED OUTTURN AND PROJECT DEFERRALS 
5.1 Budget managers have been requested to update projected estimates of
expenditure on capital projects in 2022/23.  Projects are graded for
confidence of achieving projected expenditure with high confidence rated as
green, medium confidence as amber and low confidence as red.  A summary
of the ratings is given in the table below. 
Risk Status RAG No of
Projects
Projected
Expenditure
2022/23   
£000
High confidence of spend to estimate G 103 28,282
Medium confidence of spend to estimate A 12 11,164
Low confidence of spend to estimate R 4 1,051  
119 40,497 
5.2 The spend projections provided by budget managers are based on the best
information available at this time.  However, given the uncertainties referred to
in paragraph 3.1 a green RAG rating really only indicates that no specific
issues have been identified to date. 
5.3 Red rating
A red status highlights areas where there is low level of confidence in
estimated expenditure.  The following have been identified by budget
managers as having a red status: 
Project Projected
Expenditure
2022/23
£000s
Land and Buildings 
New 3G Pitches -
Infrastructure 
Bridges (3 projects) 1,051
Kerb Edge Replacement -
TOTAL 1,051 
5.4 A new 3G pitch is planned for Forres, however no spend is anticipated in
2022/23 as this is dependent on the outcome of a bid to the Scottish
Government Learning Estate Improvement Programme (LEIP) Funding and
whether a new build or refurbishment works is taken forward.   Three bridge
projects are currently predicting a status of red (Bridge of Slateford, Aldunie
Bridge/Dykeside Bridge and Shougle Bridge).  Current construction industry
inflation, along with complex negotiations with landowners are contributing to
this. Lack of resources within the Roads Service means that a programme of
works and locations for the kerb edge replacements has not been able to be
identified. 
Amber rating
5.5 An amber rating of confidence to spend budget highlights areas where there
are issues impacting on the ability to project spend – generally indicating
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factors outwith the budget manager’s control.  The following have been
identified by budget managers as having an amber status:   
Project Paragraph Projected
Expenditure
2022/23
£000s
Land & Buildings  
Findrassie Primary School 5.6 282
Town Centre Initiative Fund 5.6 1,388
Parks & Open Spaces Infrastructure 5.6 140
Infrastructure  
Street Lighting – Replacement Columns and Lights 5.7 800
Bridges (2 projects) 5.7 3,046
Footways 5.7 250
Vehicles, Plant & Equipment  
Moray Leisure Centre Equipment 5.8 400
Vehicle & Plant Replacement Programme 5.8 3,531
Children’s Play Area Equipment 5.8 253
ICT Capital Spend 5.8 1,074
TOTAL  11,164 
5.6 A preferred contractor has been appointed for the project to construct the new
Findrassie Primary School however the project is undertaking a strategic
review of requirements and costs and spend in 2022/23 is expected to be
minimal. Successful applicants to the Town Centre Initiative Fund are not
proceeding due to reduced viability of projects and the rise in construction
costs  and work is currently ongoing to assess how any underspend can be
reallocated. Capacity issues within the Land and Parks team have seen
delays in progressing Parks Infrastructure projects.   
5.7 Staff vacancies within the Roads Department are impacting on plans for
footways projects and street light column replacements.  Bridges projects for
a new Craigellachie Bridge and Boat O Brig Bridge at Orton are both classed
as Amber based on tender returns and construction industry inflation. 
5.8 Spend requirements for Moray Leisure Centre equipment will form part of the
sports and leisure investment plan being developed.  Until that is approved
there is no certainty about the amount of expenditure expected.  The lead
time for vehicle replacements is very long due to issues with the supply of
small components to complete vehicles and there is therefore a high degree
of uncertainty as to when vehicles will be delivered.  There is a similar
situation with regards to Play Area Equipment.  Establishing the requirements
for the next phase of the telephony project, which are dependent on future
flexible working and the Property Asset Management Appraisal (PAMA) office
review, and staff resourcing for the legacy server replacement programme
mean there is a degree of uncertainty around the amount of spend against the
ICT capital programme. 
5.9 Details of the projected variances as at September 2022 from the current
approved capital programme, summarised in APPENDIX 1, is set out below: 
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Description Ref Underspend/
(Overspend)
£000s
Land and Buildings  
New 3G Pitches 5.10 700
Resurface & Rejuvenate 3G Pitches 5.11 55
Lossiemouth High School 5.12 376
Findrassie Primary School 5.13 168
Leisure Facilities – Works Arising from Condition
Surveys
5.14 20
ELC Settings 5.15 317
Moray Growth Deal 5.16 10,843
Depots – backlog maintenance from condition surveys 5.17 475
Salt Shed – Keith Depot 5.18 117
Infrastructure  
Kerb Edge Replacement 5.19 50
Footways 5.20 50
Timber Traffic 5.21 (20)
Bridges 5.22 1,333
Ward Road Junction Improvements 5.23 (118)
Vehicles, Plant & Equipment  
Gull Proof Bins 5.24 (2)
Replacement Household Waste Recycling Centre
(HWRC)
5.25 300
Upgrade Recycling Centres 5.26 255
Climate Change 5.27 750
ICT Capital Spend 5.28 132
TOTAL  15,802 
Land and Buildings
5.10 New 3G Pitches – It is not anticipated that the budget of £700,000 for new
3G pitches will be spent in 2022/23 as the works will be dependent on the
outcome of the Council’s submitted bid for LEIP Funding from the Scottish
Government and what works will be undertaken in Forres. It is therefore
requested that the full £700,000 be carried forward to 2023/24 so that the
work can be progressed. 
5.11 Resurface & Rejuvenate 3G Pitches – Works under this heading are
resurfacing of the 3G pitch in Buckie, along with the replacement of the lights
at the facility at Speyside. The costs of these works are anticipated to be less
than the budget at the current time. Grant funding of £150,000 has been
received to fund the works at Buckie. 
5.12 Lossiemouth High School – The budget is projected to underspend due to
not all contingency allowances being required and the accrual of additional
budget for the release of retention monies at the end of the defects liability
period. The contractor is currently undertaking the making good of the
contractual defects after the one year defect period and this is currently on
programme to complete this financial year. 
5.13 Findrassie Primary School – A preferred contractor has now been
appointed however the service is undertaking a review of the project
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requirement and costs and so the projected spend for this financial year is
forecasted to be lower than the budget. It is therefore recommended that the
projected underspend of £168,000 be carried forward to 2023/24. 
5.14 Leisure Facilities Works Arising from Condition Surveys – Works
instructed as a result of conditions surveys are anticipated to cost £20,000
less than the allowance in the capital plan for 2022/23.  However the final cost
will not be confirmed until works are complete. 
5.15 ELC Settings – At the meeting of Moray Council on 29 June (paragraph 17 of
the minute refers) additional budget of £347,000 was allocated to enable
works to be carried out at various ELC settings. However, due to resource
constraints within the Council’s DLO department, and for contractors, this
work has been delayed and will now not be completed until the 2023/24
financial year. If these works are further delayed or do not take place then this
will have an impact on our ability to meet legislative requirements. It is
therefore requested that the projected underspend of £317,000 be carried
forward to 2023/24 to allow the works to be undertaken. 
5.16 Moray Growth Deal 
The revisions requested below are subject to change requests being
approved by Projects Boards, the Programme Board and Scottish and UK
Governments.  The requests will also impact on the draw down of grant
funding.  Capital grant of £2.958 million is included in the capital plan for
2022/23.  Payment is dependent Full Business Case approval for the
individual projects which can then claim for eligible expenditure. 
Bus Revolution – This project is projecting an underspend in the current
financial year due to delays in sourcing and procuring 2 bus vehicles which
are now not expected to be delivered until 2023/24.   The Full Business Case
for the Bus Revolution has been submitted.  In anticipation of it being
approved prior to the end of the financial year an element of grant funding has
been included in the Capital Plan for 2022/23.    Slippage in expenditure could
result in slippage in grant payment, although an element of slippage in
expenditure has been allowed for in the grant profile agreed with Scottish
Government.   
Business Enterprise Hub – This project has been working through some
challenges but the outcome of cost benchmarking now enables work on the
Full Business Case to commence which will lead to a more accurate financial
profile. It is therefore requested that the full budget of £1,309,000 is carried
forward to 2023/24. 
Cultural Quarter – Following the appointment of a Project Manager it has
been agreed that more work is required on the project vision and brief, so
consultant recruitment has been delayed. It is therefore requested that the
projected underspend of £692,000 is carried forward to 2023/24. 
Digital Health – This project is underspent to date and work is currently
ongoing to accelerate procurement activity that will increase spend in the
second half of the year. Following this work approval will be sought from the
Scottish Government to revise the financial profile. At this stage an
underspend of £187,000 is anticipated. 
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Moray Aerospace, Advanced Technology & Innovation Campus – This project
has experienced problems and is in the process of revisiting delivery options
in discussions with partners. These discussions are commercially sensitive.
This review will inform changes to the financial profile and it is therefore
requested that the full budget of £6,740,000 be carried forward to 2023/24
when the project will be able to progress following approval of the full
business case. 
Housing Mix Delivery – Expenditure is expected on consultancy costs to
enable preparation of the full business case and it is therefore requested that
the projected underspend of £310,000 be carried forward to 2023/24 to allow
this work to continue. 
Moray Growth Deal – This budget is a legacy budget from prior financial years
prior to Deal sign off. Spend should now be allocated to the specific projects
so it is requested that the full budget of £795,000 be removed from 2022/23. 
5.17 Depots Backlog Maintenance from Condition Surveys – The Council is
currently undertaking an update of the depot and store review previously
undertaken and this will inform the future spend requirements. At the current
time an underspend in 2022/23 of £475,000 is forecast and it is requested that
this be carried forward to 2023/24 to allow works to be carried out once
business cases have been approved. This is anticipated to be before the end
of the financial year. 
5.18 Salt Shed Keith Depot – This project has been re-programmed to the
summer of 2023 in order to minimise the operational disruption at the Keith
depot during the winter months. It is therefore requested that the projected
underspend of £117,000 be carried forward to allow this spend-to-save project
to be completed. 
Infrastructure
5.19 Kerb Edge Replacement – Lack of staff resources within the Roads Service
has meant that work to identify locations for kerb replacement works has been
unable to be carried out and an underspend of £50,000 is currently projected
and it is requested that the budget is reduced to £25,000 in the interim with a
further review at the end of quarter 3. 
5.20 Footways – A footway slurry seal programme was planned for the summer
months but this was cancelled due to a lack of operational resources within
the Roads Service and an underspend of £50,000 is currently projected and it
is requested that the budget is reduced to £25,000. 
5.21 Timber Traffic – This budget is used as match funding for bids to the
Strategic Timber Transport Fund (STTF).  The Council submitted a bid for
funding and was successful in receiving funding for one project. The project
has been extended and additional funding has been secured from STTF.  The
total cost of the works is currently estimated to be £450,000 with the Strategic
Timber Transport Fund STTF contributing 60% of eligible costs of works. At
the meeting of Corporate Committee on 30 August (paragraph 9 of the minute
refers) £590,000 was carried forward to 2023/24. Due to the extension of the
successful project it is recommended that £20,000 be brought forward to
2022/23 to cover the Council’s share of the increased costs.
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5.22 Bridges 
A941 New Craigellachie Bridge – Tenders have been returned for this project
and were lower than budget.  At this stage it is projected that the project will
cost £3,000,000, currently £786,000 less than budget. 
A941/100 Blackwater Bridge – The original budget for this project was
£613,000 and the anticipated cost is £400,000. It is recommended that this is
reduced to £500,000 which includes a risk allowance of £100,000 to allow for
any unforeseen circumstances that may occur. 
Boat O Brig Bridge Orton – There is a budget of £4,000 for design and
preparatory work in 2022/23, with construction planned for 2023/24. An
alternative solution has been identified that will cost a total of £15,000, which
is significantly less expensive that the original two stage solution. 
Bridge of Slateford – Design works on this project have been delayed and the
works may have to be carried out in the winter months, adding risk and cost. It
is requested that the projected underspend of £235,000 is carried forward to
2023/24 to allow the project to complete. 
Aldunie Bridge Cabrach/Dykeside Bridge – The original budget, including
Lifeline Bridges Funding was £571,000. This project has been completed at a
total cost of £450,000. It is recommended to reduce the budget to this
amount. 
U118E/10 Shougle Bridge – Tender has been awarded and costs are
projected to be £550,000 versus a budget of £589,000. Final compensation
has yet to be agreed with landowners and this could increase costs. 
Knockando Bridges – This project is now complete and with a slight
overspend of £14,000 due to remedial works that were required to address a
safety issue with the new parapet alignment. 
5.23 Wards Road Junction Improvements – During construction of the project a
number of design reviews led to additional work being undertaken in terms of
cable ducting and lighting for bollards, accommodation works for the adjacent
development and construction depths. The total project cost however remains
lower than the Developer Obligations ingathered and £4,000 unused will be
returned to the Developer. 
Vehicles, Plant and Equipment
5.24 Gull Proof Bins – This heading will overspend by £2,000 due to an increase
in the unit price of bins. 
5.25 Replacement HWRC Elgin – A land assessment is currently underway for
the construction of a new HWRC for Elgin.  Some sites have been identified
as suitable for the project and within budget. However if the land in question is
not purchased, another assessment will be required and costs could change
significantly.  The sites under consideration are commercially sensitive. 
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5.26 Upgrade Recycling Centres – Plans have not yet been developed for the
upgrade of recycling centres under this heading and it is recommended that
the full budget of £255,000 is carried forward to 2023/24. 
5.27 Climate Change – The Council is intending to place solar panels on the roof
of Council buildings and these have been procured, however the lead time for
delivery is 12 months so it is requested that the full budget of £500,000 is
carried forward to 2023/24 to allow for delivery. There is also an allowance of
£250,000 for the Council to install the infrastructure to support the move to
green fleet and it is also recommended that this is carried forward to 2023/24
to allow this work to continue. 
5.28 ICT Capital Spend – It is currently anticipated that expenditure on ICT capital
projects is likely to be between 80%-90% of the approved budget.  However
there is uncertainty around the requirements for the future phase of the
telephony project and resourcing for the legacy server replacement
programme.  Once the requirements are finalised costs will be updated. 
6. AMENDMENTS TO CAPITAL PLAN 
6.1 The following amendments to the capital plan are proposed:  
Amendments Para  2022/23
£000s
2023/24
£000s
Land & Buildings   
New 3G Pitches 5.10 (700) 700
Lossiemouth High School 5.12 (376) -
Findrassie Primary School 5.13 (168) 168
ELC Settings 5.15 (317) 317
Moray Growth Deal 5.16 (10,656) 9,861
Depot Works 5.17 (475) 475
Salt Shed – Keith Depot 5.18 (117) 117
Place Based Investment 6.2 466 -
Just Transition Fund 6.3 593 288
Elgin High School Extension 6.4 46 (46)
Infrastructure   
Kerb Edge Replacements 5.19 (25) -
Footways 5.20 (25) -
Timber Traffic 5.20 20 (20)
Bridge of Slateford 5.21 (235) 235
A941/100 Blackwater Bridge  5.21 (113) -
Aldunie Bridge Cabrach/Dykeside Bridge 5.21 (121) -
Vehicles, Plant and Equipment   
Upgrade Recycling Centres 5.26 (255) 255
Climate Change 5.27 (750) 750
Grant Funding   
Place Based Investment 6.2 (466) -
Just Transition Fund 6.3 (593) (288)
TOTAL  (14,267) 12,812 
6.2 Place Based Investment – The 2020 Programme for Government committed
to establishing a Place Based Investment programme (PBIP), the aim of
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which is to ensure that all place based investments are shaped by the needs
and aspirations of local communities. Local Government is to receive a share
of the funding over 5 years to support projects and the Council has received
£466,000 in 2022/23, the plans for which were approved at the meeting of
Moray Council on 10 August 2022 (paragraph 16 of the minute refers) and will
be used for the construction of Pinefield Allotment in Elgin, town centre
improvements and the purchase of land or works associated with the
development at Buckie Harbour. 
6.3 Just Transition Fund – The Council considered a report on the Just
Transition Fund on 29 June (paragraph 20 of the minute refers) and agreed
delegated authority to the Chief Executive in consultation with Group Leaders
to submit expressions of interest by 15 July 2022. The Council has been
awarded funding in both 2022/23 and 2023/24 to fund 5 interlinked projects
designed to support the Council’s move away from fossil fuels. These include
projects to support offshore renewables, the creation of a local hydrogen
economy, developing a natural capital approach to offsetting and
redeveloping derelict land and premises in Moray to transition towards net
zero. 
6.4 Elgin High School Extension – The current capacity of Elgin High School is
already lower than that required for the commencement of the current
academic session with an increase in enhanced Additional Support Needs
(ASN) space requirements resulting in a reduction in mainstream capacity.
This will be managed by a temporary modular classroom unit that will be on
site until a more permanent capacity solution is implemented. The school roll
forecast is impacted by the significant residential development that is in
progress and planned for the Elgin South Area. There is allowance in future
years of the capital plan for an extension of Elgin High School and it is
therefore requested that £46,000 is brought forward to enable a feasibility
study (to complete up to RIBA stage 2 – Concept Design) to be undertaken to
determine the requirements of the project. 
7. RISK AND EMERGING ISSUES 
7.1 Budget managers have been requested to identify any specific areas of risk
for the projects in the capital plan for which they are responsible. 
7.2 As reported to Economic Growth, Housing and Environmental Sustainability
Committee on 24 August 2021 (paragraph 7 of the minute refers) a risk to the
capital plan is an increase in the cost of materials and scarcity of many
materials which are key for the construction industry.  Scotland Excel have
informed the Council of unavoidable increases to costs on some of their
frameworks and some key materials such as concrete, wood and steel are
currently difficult to source and costlier if they are available.  This is partly a
world-wide reaction to the pandemic, and partly due to Brexit, and the war in
Ukraine is also having an impact.  The construction industry is also over-
heated and some recent procurement exercises have stalled.  The Strategic
Territory Partnering Board are also monitoring market volatility. 
7.3 There is a risk that contract inflation might increase the eventual cost of
projects in future years of the capital plan and a risk that any deferment of
projects relating to asset condition might result in element failure, potentially
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incurring unbudgeted costs.  The figures in the 10 year plan are based on
current costs and are likely to increase by the time the project is undertaken. 
7.4 The main risk for the vehicle replacement programme is manufacturers failing
to deliver to agreed timescales and this risk is heightened at this time due to
the world-wide shortage of semi-conductors. 
7.5 Lack of staff resources and staff turnover can impact on project timescales
and other emerging work priorities can impact in scheduled works and this is
reflected in delays where work planned to be out-sourced is being brought in-
house as a result of poor response to tender requests.  Poor responses to
tender requests are an increasing phenomenon and work is on-going with
organisations such as Hubco to attempt to improve market engagement, as
well as support from the Procurement team to engage local suppliers and
contractors.  Lack of staff resources is a more intractable problem and current
recruitment difficulties, coupled with additional funding streams with short time
envelopes for spend, which adds pressure to staff workloads, is creating
difficulties and therefore slippage in many areas of the capital programme. 
7.6 There is a risk that time-limited funding is not spent within time-frame and that
the Council therefore loses the opportunity to improve or create assets at no
or reduced cost to the Council. 
7.7 Projects can be subject to risks which are outwith the direct control of the
Council, such as poor weather conditions and some assets such as harbours
are particularly vulnerable to bad weather events. 
7.8 The cost to the Council of borrowing is calculated based on interest rates at
that time. The current pattern of interest rate rises is considered likely to
continue and this will have an impact on the cost to the Council and will be
taken into account when looking at future capital proposals. 
7.9 No other project risks have been specifically identified by budget managers. 
8. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Effective budget management is an essential component of delivery of
Council priorities on a sustainable basis. 
The capital plan is one of the vehicles through which the Council’s
priorities can be delivered.  The approved capital plan for 2022/23 and
the outline ten year plan incorporate measures designed to address the
LOIP priorities of building a better future for our children and young
people, empowering and connecting communities and developing a
diverse, inclusive and sustainable economy. 
(b) Policy and Legal
There are no policy or legal implications arising directly from this report. 
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(c) Financial implications
The financial implications are highlighted within the report and
Appendices 1 and 2 to the report. 
(d) Risk Implications
Budget managers are aware of their responsibilities for managing budget
allocations and approval for variance will be sought from Council in line
with the financial regulations.  Risks specific to items within the capital
plan are highlighted in paragraph 7 of this report. 
(e) Staffing Implications
There are no staffing implications arising directly from this report. 
(f) Property
There are no property implications arising directly from this report. 
(g) Equalities/Socio Economic Impact
There are no equalities issues arising directly from this report. 
(h) Climate Change and Biodiversity Impacts
There are no climate change or biodiversity issues arising directly from
this report. 
(i) Consultations
All capital budget managers have been consulted in the development of
estimated actuals as part of the preparation of this report.  The
Corporate Management Team have been consulted and any comments
incorporated in the report. 
9. CONCLUSION 
9.1 Capital expenditure in the first half of the financial year amounts to
£10,144,000 to the end of September 2022. 
9.2 Capital expenditure is currently projected to be £15,802,000 lower than
the approved capital plan for 2022/23 but with a high degree of
uncertainty due to current construction industry conditions and other
external factors. 
9.3 Amendments to the Capital Plan amounting to a decrease (net of
additional grant funding) of £14,267,000 in 2022/23 and an increase of
£12,812,000 in 2023/24 are recommended. 
Author of Report: Laurie Milne, Senior Accountant
Background Papers: 
Ref: LM/LJC/
SPMAN-1293228629-773
SPMAN-1293228629-774
SPMAN-1293228629-775
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APPENDIX 1
Moray Council Capital Programme 2022/23
As at 30th June 2022
Capital Plan
2022/23 Actual Q1 Q2 Q3 Q4
Total Projected
Expenditure
£000 £000 £000 £000 £000 £000 £000
Land and Buildings
Education, Children's and Leisure Services Committee 6,430 2,563 670 1,503 1,730 891 4,794
Economic Development and Infrastructure Committee 25,519 2,495 1,073 1,422 4,693 7,488 14,676
Corporate Committee 680 10 6 4 21 57 88
Infrastructure
Economic Development and Infrastructure Committee 15,844 3,169 1,050 1,788 5,855 5,855 14,548
Vehicles Plant and Equipment
Education, Children's and Leisure Services Committee 460 1 0 1 330 129 460
Economic Development and Infrastructure Committee 5,224 1,615 1,229 339 1,733 1,370 4,671
Corporate Committee 2,142 291 205 86 542 427 1,260
56,299 10,144 4,233 5,143 14,904 16,217 40,497
15,802
Funding
Prudential Borrowing 39,970 1,860
General Capital Grant (exc PSHG and CYPA) 8,543 2,092
Other Grants & Contributions 0 106
Developers Contributions 205 138
Local Bridge Maintenance Fund 343
Moray Growth Deal 6,538
Receipts 700 198
56,299 4,394
Projected Expenditure
Item 11.
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Major Capital Projects spanning more than 1 financial year (as at 30 September 2022) APPENDIX 2
Description Approved
Total
Budget
Total
Expenditure
in previous
financial
years
Current
Budget
2022-23
Actual
spend
2022-23
Remaining
Budget
2022-23
Project
Life Spend
to 31/03/23
Projected
Future
Years
Budget
Required
Estimated
Final Cost
Projected
Variance
£000 £000 £000 £000 £000 £000 £000 £000 £000
LED Street lighting replacement
programme
5,000 3,904 213 5 208 3,909 883 5,000 0
Lossiemouth High School 43,000 43,142 608 263 345 43,405 0 43,750 -750
NESS Energy from Waste 27,224 19,619 7,605 757 6,848 20,376 0 27,224 0
Total 75,224 66,665 8,426 1,025 7,401 67,690 883 75,974 -750
Item 11.
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, 
REPORT TO: MORAY COUNCIL 7 DECEMBER 2022 
SUBJECT: COST OF LIVING WORKING GROUP PROGRESS UPDATE 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To inform the Council of the work to date of the Cost of Living Working Group
and the plan of actions that the Group recommends be taken forward to assist
in addressing the immediate impacts of the cost of living situation on the
people of Moray, taking account of the impact it is possible for the council to
have on this national crisis. 
1.2 This report is submitted to Moray Council given the recommendations span
the remits of a number of service committees in terms of the Council's
Scheme of Administration. 
2. RECOMMENDATION 
2.1 It is recommended that the Council review and notes the work to date of
the Cost of Living Working Group and approves: 
i) The terms of reference for the Cost of Living Working Group
(Appendix 1); 
ii) The proposed work plan of actions (Appendix 2) that the Group
recommends be taken forward to assist in addressing the
immediate impacts of the cost of living situation on the people of
Moray, taking account of the impact it is possible for the council
to have on this national crisis; 
iii) the available funds for disbursement for 2022 (£10,700) from the 3
trust funds listed in the report be allocated as set out in section
3.18 to Moray Food Plus, to support warm banks and to the social
work crisis fund; 
iv) That the Cost of Living Working Group is tasked with prioritising
the actions in the action plan and that it is remitted to the
Corporate Management Team to consider the allocation of
existing resources to the actions, taking account of the impact on
Item 12.
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existing work and priorities with any consequence or gaps in
action to be reported in the next update report to the Council; and   
v) That the Cost of Living Working Group will operate with a 4 month
life from its initiation in October and report back to Council in
February 2023. 
3. BACKGROUND 
3.1 Following consideration of a notice of motion on the cost of living crisis, the
Council on 29 June 2022 agreed to consider setting up a working group to
look at the issue in more depth with a report looking at the options to
determine the remit, composition and life span of the group to be presented to
a future meeting of the Council (paras 12 and 15 of the minute refer). 
3.2 A Cost of Living Working Group was convened in October 2022 and has met
on 3 occasions.  The group was concerned to ensure that cost of living work
was distinct from current longer term work to address long term structural
poverty in order to ensure that there is no duplication and no change of course
from action already in progress to address poverty in Moray.  An update on
work to collate this wider poverty related work was reported to the Corporate
Committee on 8 November 2022 (para 13 of the draft minute refers). 
3.3 The group sought to focus on the additional mitigating actions that could be
taken in the short term to quickly assist people who are vulnerable as result of
the impact of the cost of living situation. In particular, concerns were noted in
relation to people who were normally just above the poverty line, who may be
in employment, may not be eligible for benefits but who are currently facing
financial pressures. It was considered that the options for action may be
simpler shorter term or one-off measures to alleviate the impact of the
escalating cost of living.  It was recognised that the impact would be across
the people of Moray, council services and businesses and that these impacts
may continue to escalate leading to greater pressure on council services. 
However, the Group was very aware of the limitations on the Council’s ability
to substantially change this national economic crisis and its wide effects.   
3.4 Taking these issues into account, the recommended terms of reference for the
Cost of Living Working Group are contained in Appendix 1.  This sets out the
proposed short term focus of the work, the functions of the Group and the
outcomes it would seek to secure.   
3.5  There have been a number of reports, questions and notices of motion to
council and committees on matters relating to the cost of living situation as
listed below.  Items ii) to vi) have been considered by the group and the
proposals to deal with these are set out in the report. 
i) Write off of school meals debt report to Council on 28 September –
agreed to write off outstanding debt of £25,000 
ii) Warm banks – Moray Council 28 September 2022
iii) Free School Meals Credit allocation – question raised at Education
Children’s and Leisure Services Committee on 8 June 2022 
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iv) Library Charges - Education Children’s and Leisure Services
Committee 2 November 2022
v) Fitlife Charges - Education Children’s and Leisure Services Committee
2 November 2022
vi) Council Phone Charges – Corporate Committee 8 November 2022 
3.6 In order to discharge these terms of reference and where appropriate take
action to respond to the issues in the notices of motion, the Group has worked
to identify issues and actions that would fall within its remit and these have
been collated into a work plan in Appendix 2. There was a recognition that it
is not possible for the council to operate a full range of supports or benefits to
alleviate the effects of the cost of living crisis.  Therefore, the Group has tried
to focus on actions where the council can make a unique contribution, where
there can be better use made of current supports and where limited resources
can be allocated to best effect. 
3.7 In relation to resources there are three trust funds available that have been
identified as a possible source of funding to support cost of living actions. 
These have a common purpose of benefitting the poor or the area.  The funds
have in the order of £10,700 to disburse from interest on an annual basis
while protecting the main capital sum in the trusts.  It would be appropriate
within the terms of the trusts to allocate the available funds to support those
experiencing difficulties as a result of cost of living pressures and proposals
are made in section 3.18 below.  
3.8 If approved, this will continue to develop and evolve as the early points are
investigated. There are a number of actions in the plan where there is no
resource allocated and as indicated in paragraph 3.19 below, further
consideration will be required to assess relative priorities against existing
planned work to identify how officer time can be released from other priorities
in order to address the work in the action plan. 
3.9 In recognition of the immediacy of the challenges people are facing as the
cost of living escalates, where possible action has been instigated to progress
the agenda that has been identified.  Key points are highlighted in the
paragraphs below in relation to information sharing, warm banks and financial
supports. 
Information: 
3.10 Throughout discussions, for many points raised, others in the group were
aware of services and supports available and this provided a useful sharing of
knowledge.  However, a key point this highlighted was the value and
importance of communication and access to information.  This is particularly
the case because so many of the benefits and supports available rely on self-
referral.  A speedy response to this was to launch the Council’s Cost of Living
Hub with a bank of information on a whole range of advice and services.  The
web page include information on money advice services, business support,
energy and waste saving tips, schools and childcare, warm welcome facilities,
housing, sport and leisure and trading standards. 
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Warm Banks: 
3.11 The notice of motion to the Council on 28 September 2022 (para 9 of the
minute refers) asked for public buildings to be identified that could be used as
warm spaces for public access and for the council to work alongside partners
to encourage them to do the same. It was recognised by the group that this is
an area where communities are already active including a number of
community and church based groups who are putting arrangements in place. 
There is also some funding available to community groups that can be used to
support cost of living issues. The Council’s Community Support Unit is
supporting these groups where appropriate.  Council community centres and
libraries are available as facilities that will provide a warm welcome to anyone
who needs to access somewhere to keep warm.  Staff in information hubs in
libraries are also able to offer advice to anyone looking for additional
information on council services. Therefore, with the arrangements in place
and developing this is not an area that the group has identified for further
council action at this time. 
Free School Meals (FSM)
3.12  A report is being prepared for the January meeting of the Education
Children’s and Leisure Services (ECLS) Committee on the timing of the
application of meals payments to young scot cards for provision of food in
school.   
3.13 The Group also considered the level of uptake of FSM across Moray, noting
that in primary schools across Moray 75% of eligible pupils have a free school
meal, whereas in secondary schools the take up rate is 35%, with some
schools sitting below that level.  The Group was keen to encourage the uptake
of free school meals by those who are eligible. It should be noted that
universal free school meals are in place for primary pupils in P1 to P5.   
3.14 A further consideration related to free school meals is provision over the
school holiday period, which can be challenging for some families.  The
Scottish Government has provided funding for the 2022/23 school year to
enable the provision of alternative free school meal provision to all children
and young people, eligible for free school meals on the basis of low income, in
primary and secondary during the school holidays.  This provision will cover
the Christmas and Easter holidays during the 2022-23 school year; and also
the mid-term holiday in February.  In Moray there are currently 1414 eligible
pupils and direct payments are made into bank accounts of eligible
parents/carers at the rate of £2.40/week day which is a payment of £26.40 per
child for the December holiday at a total cost of approximately £36,400. 
Library Charges 
3.15 The notice of motion from Education, Children’s and Leisure Services
Committee on 2 November 2022 (para 7 of the draft minute refers) on library
charges requested that these are removed for all library users.  At present
only adults under 60 years of age pay fines with fees for books and CDs set at
60p/week with a maximum fine of £10.40.  The total income from library
charges was £8,500 in 2018/19 (income since then was disrupted due to the
covid impact on service availability).  The Group were supportive of removing
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library charges both from a cost of living and a service perspective with the
hope that removal of fees would encourage return of late items and not inhibit
library usage by those who may have an outstanding fee. 
Fitlife Charges 
3.16 A notice of motion to ECLS Committee on 2 November 2022 (para 6 of the
draft minute refers) recognised that engagement in sports is associated with
increased well-being and requested a report to be brought forward on free
Fitlife membership for children living in poverty in Moray.  Committee agreed
to refer consideration to the Cost of Living Working Group.  The
recommendation from the Group is that the Leisure Hardship fund is extended
to include Fitlife membership for children and young people who are eligible
for free school meals on financial grounds.  This will require a proactive
request to be made and will be managed within existing budget.  The position
on take up will be monitored. 
Council Phone Charges
3.17 The Corporate Committee on 8 November 2022 (para 4 of the draft minute
refers) requested a report on the implementation of free phone numbers for
Council services users and on the implementation of free web-based methods
of contacting Council services such as web chats and instant messaging. 
This is being prepared as part of a paper on the customer contact centre for
January 2023. 
Financial Supports
3.18 The work of the Group has also identified a range of areas where limited short
term financial supports may be of assistance, which would require the
allocation of a one-off budget to alleviate and mitigate the cost of living effects.
These are noted below as areas for further work should the Council decide to
allocate budget for this purpose. 
Proposal Cost Policy Issues/Notes
i) Library
Charges 
Remove library
charges
£8500
(based on actual
income
2018/19)
Permanent removal
would require policy
review
ii) Fitlife
member-
ship
Use the Leisure
hardship fund to offer
free membership for
children and young
people in receipt of
free school meals
Within
current
budget
Review of scope of
scheme required 
Time limit may be
required for expression
of interests
May not be possible to
offset full costs
iii) Food
Support
Grant allocation to
Moray Food Bank
£4,300 None
iv) Warm
Places
Encourage local halls
(etc.) to extend hours
around events so that
people can arrive
early/stay on
Small grant (e.g. up to
£500) towards fuel
£2,100 None – arrangements
to be set up to
administer and develop
basis for award of
grants
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costs for locations
offering warm places
Flexible food
fund (Food
and Fuel
support) 
Scottish
Welfare fund
top ups
Next meeting of
working group to
review use of fund and
ongoing demand with
potential to propose
increase funding
available to take
account of predicted
higher demand
No
proposal at
this time –
to be
considered
by CoL
WG in
2023
No change - Current
guidance would
continue to apply
Social worker
support
payments
Increase funding
available to social
work teams for
emergency payments
to families
£4,300 No change - Current
guidance would
continue to apply
Tend to be used for
short term emergency
e.g. to top up energy
meter, immediate
access to food. 
Current budget is
£14,000 and under
pressure 
Next Steps
3.19 It will be noted that the action plan in Appendix 2 does not yet contain
indications of timing, priority or an officer with responsibility to take the actions
forward.  There are a number of points of action identified that require further
work to identify options, risks and resourcing implications (e.g. breakfast
clubs, additional funding for financial support) and other actions that will
require to be added to current operational workloads, such as
communications.  The timing of the issues are such that action is needed in
the short term which means that recruitment may have too great a time lag to
be effective, assuming budget was to be allocated.  Therefore, once the CoL
Working Group has considered and agreed prioritisation of the work in the
action plan, it is proposed that the Corporate Management Team considers
how these actions can be addressed within existing resources alongside
current priorities.  This will be managed as effectively as possible but may
impact on the progress that can be made with both cost of living and other
existing work. 
4 SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)
The work outlined in the report is supportive of the Council’s People
priority: to provide opportunities for people to be the best they can be
throughout their lives with a strong and sustained focus on those
individuals and groups in our society who experience the most
disadvantage and discrimination 
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(b) Policy and Legal
Any policy issues arising from specific proposals are noted in the table at
para 3.18 above 
(c) Financial implications
It is proposed that the combined available funds for distribution from the
Moray Council Charitable Trust, the Lawtie Trust and the Laing Trust are
used to support the impacts of the Cost of Living crisis in Moray.  There
is £15,000 available for distribution in 2022/23 and this whole amount
remains available subject to some geographical restrictions. It is
proposed that this is allocated as noted in paragraph 3.18 above to the
areas for action identified by the Cost of Living Working Group: 
£4,300 Food Support
£2,100 Warm Banks Support (recognising alternative external funding is
also available for application by community groups)
£4,300 Social Work emergency payments 
The removal of library fees would reduce the income in that service
leading to a budget deficit of £8500 based on income in 2018/19. 
The offer free Fitlife membership to eligible children and young people
may have a negative impact on the current income from Fitlife, especially
if family memberships are cancelled.  If there is significant interest the
available budget may also be exceeded.  To offset this, a time limit for
application may have to be set and applications considered in the
context of the available funding in order to manager the financial
consequences to the council. 
The allocation of any funds to other actions (e.g. flexible food fund
should that be proposed following consideration in the new year) would
be a call on council reserves which would be particularly challenging
given the level of budget gap that the council faces in 2023/24 and
2024/25. 
Corporate Management Team Additional Expenditure Warning 
When the council approved the budget for 2019/20 on 27 February 2019
(para 4 of the Minute refers), the three year indicative budget before the
council showed savings required in 2020/21 of £12.2 million and £6.7 in
2021/22.  Although the final figures will vary, it is clear that the council
will have to reduce its costs significantly across all services in future
years. All financial decisions must be made in this context and only
essential additional expenditure should be agreed.  In making this
determination the committee should consider:   
• Is there a statutory requirement to incur the expenditure?
• Are there any alternative actions available to avoid or reduce the cost?
• Are there alternative ways in which the service could be provided?
• What are the risks and consequences of not allocating the funding?
• Does the expenditure contribute to long term financial stability?
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If in light of these factors the spend is considered essential, Committees
should consider how it could be accommodated within the service
budget, including what other activity would have to cease or diminish
with what impact and risk.  Only following these considerations should
request be made to the Council for additional budget allocation.   
While in isolation these figures may not be significant, the cumulative
impact of all new pressures will require to be taken into account for
future years.  If the committee recommends additional budget to be
allocated this recommendation will be considered in the next quarterly
budget monitoring report in the context of the current overall financial
position of the council and in particular in the overall context of spend
beyond affordable limits that impinges on the Council’s reserves policy
position. 
(d) Risk Implications
Risks from this work include:
• an expectation is created that cannot be met in terms of
alleviating the impact of the cost of living on people, services and
business.
• the impact on council services cannot be mitigated and cost
escalate significantly so the viability of some services is drawn
into question in the short or longer term
• the workforce implications of the planned actions cannot be
resourced, or the staffing demand places unacceptable pressure
on other priorities 
• the financial implications of the further support identified cannot
be met, especially in light of the wider financial context facing the
council
• the Council workforce is currently fully committed and releasing
resources to action the work identified in the action plan will
impact on the progress that can be made on other priorities
• the interest in the free Fitlife membership could exceed the
available budget and mitigations have been suggested to quantify
this 
However, the implications of the cost of living crisis have been well
reported in the press and were noted at the council meeting on 29 June
2022 when this matter was raised in a notice of motion and so it is
recognised that there are also risks of taking no action.  Determining a
response in light of all of the risks requires a careful balance of the
issues, actions and possible impacts. 
(e) Staffing Implications
There are no specific staff resources allocated for cost of living work and
the timescales for response limit the effectiveness of any new
appointment.  Therefore, this work is being accommodated within
existing resources, which will impact upon what can be achieved and will
affect the pace of other work.  In particular to date the progress on
revising the corporate plan and work on the digital and pastoral care
aspects of the Improvement and Modernisation Programme in Education
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have been slowed and other areas have had less senior management
oversight.  Further implications will depend upon the demands in
particular service areas. 
(f) Property
Council services are offering “warm welcomes” to members of the public
who need to access a warm and safe place.  This is being done within
exiting service parameters and so there are no property implications
identified.  Local temporary signage is being displayed. 
(g) Equalities/Socio Economic Impact
The work of the Cost of Living Working Group aims to address the
economic impact of the cost of living crisis on the people of Moray. 
There are no specific equalities implications identified as a result of this
report. 
(h) Climate Change and Biodiversity Impacts
There are no specific implications 
(i) Consultations
The members of the cost of living working group have contributed to the
development of the work supporting the recommendations in this paper
and are in agreement with the content. 
5. CONCLUSION 
5.1 A cost of living working group has been established in response to the
decision of the Council on 29 June 2022.  Initial meetings have produced
recommended terms of reference, an initial action plan and some
immediate responses on publishing a cost of living information hub,
offering warm spaces and identifying possible financial supports.  Given
the positive progress that has been established, it is recommended that
the Council confirms the establishment of the short life group for an
initial period of 4 months to oversee and maintain the momentum on the
proposed work plan. 
Author of Report: Denise Whitworth, Depute Chief Executive (Education
Communities and Organisational Development) 
Background Papers: 
Ref: SPMAN-1108985784-841 
SPMAN-1108985784-842 
SPMAN-1108985784-840 
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COST OF LIVING WORKING GROUP
TERMS OF REFERENCE 
1. Focus of the Group:
1.1 To distinguish from “mainstream” poverty policy over strategic work that aims to address
long standing structural poverty. The focus for this Group is the shorter term mitigations,
actions and supports that can be put in place to quickly assist people who are vulnerable as
result of the impact of the cost of living situation.  The options for action would need to be
explored but may be simpler shorter term or one-off measures. 
2. Function of the Group: 
2.1 To assess the current and predicted impact of the cost of living crisis in Moray in relation to: 
 Internal: council services, employees and any resulting impact on service provision; 
 Community: service users; the most vulnerable in our community; and 
 Economy and business. 
2.2 Consider how council services can be prepared and can support the cost of living pressures
in Moray in terms of:
 Alignment of existing services and resources to cost of living issues.
 Identify any council services that may be in jeopardy and possible mitigation.
 Best use of emerging external funding and identify how initiatives can make a positive
contribution to cost of living issues where possible (e.g. to economic factors).
 Gaps and asks identified for consideration – new services, support, resources.
 Maximise opportunities to work with partners for greater impact on cost of living
agenda. 
3. Outcomes:
i. Council services prepared for higher operating costs.
ii. Wide access to and take up of supports available by those who need it (measures could
be take up numbers).
iii. Council employees have supportive work environment in cost of living context
(measures could be survey, absence).
iv. Businesses survive (economic results).
v. Community health and well-being (need to consider what measures could be). 
Item 12.
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Cost of Living Working Group Action Plan       APPENDIX 2
Version 0.1 (reviewed 16/11/2022) 
Area of Work Action Responsible Priority Timeline Notes
Communication 
Take Up – encourage those who are
eligible to access supports
Bus passes;
Free School Meals;
Education Maintenance
Allowance    
Benefits Benefit levels e.g.
school clothing grant 
Make it clearer as to what
each offers as it is not
always obvious based on
title 
Council cost of Living Information Hub  Continue to update and
maintain    
Council Charges Highlight current
eligibility for
concessions, discounts,
services   
Ensure criteria is clear and
concise
School Uniform Exchange Ensure promoted     Promote Moray wide
service and ASG (e.g. Xmas
jumpers) – help remove
stigma esp. in small
communities 
Charges
Libraries  Review who is charged
and criteria for
concession – Proposal
to remove library
charges   
NoM: Library Charges and
Fit Life - ECLS 02/11 
Fit Life Membership Proposal to use Leisure
Hardship fund to
support   
To manage budget consider
setting timescale for
applications so can consider
best use of budget e.g.
reduced cost rather than
free if too many
applications
Item 12.
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Cost of Living Working Group Action Plan       APPENDIX 2
Version 0.1 (reviewed 16/11/2022) 
Area of Work Action Responsible Priority Timeline Notes
Other charges (to be identified) Review who is charged
and criteria for
concession    
Debt Management Overall approach e.g.
hold when certain
criteria met   
What services are forgiving
debt/waving charges –
need to be clear as to what
monies are covering this. 
Service Issues
Breakfast Clubs Gather information on
existing provision 
Consider possible
expanded offer 
Holiday hunger Consider options to
support    
Food distribution from leftover school
meals
Investigate potential     
Payroll Giving options – can this be
targeted locally.
Check options           
Funding
Scottish Welfare Fund and Flexible Food
Fund
Frequency of payment
and potential top up of
total funds    
Food support funding to Moray Food
Bank
Use of Moray Shared
Trust to make donation 
Fuel Support (taking account of “off
grid” and fuel poverty in Moray)
Eligibility and criteria
for Flexible Food Fund
(off grid and collective
charging arrangements)           
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Cost of Living Working Group Action Plan       APPENDIX 2
Version 0.1 (reviewed 16/11/2022) 
Area of Work Action Responsible Priority Timeline Notes
Other
Assisting people with Mortgages (not
rent)
Encourage take up of
eligible benefits to
release income
(recognise limitations
on  council action)    
Warm Places Funding for venues e.g.
community halls   
Small grant to assist with
opening once/twice per
week – esp rural areas
Volunteers Offer council premises
(e.g. libraries) as
location for community
volunteers to provide
refreshments to
support community
work       
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: APPOINTMENT TO COMMITTEES 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 Following the recent by-election in Ward 3: Buckie, the Council are requested
to consider proposals regarding allocations for Committees and to make
appointments to vacancies on Committees as detailed in the report. 
1.2 This report is submitted to Council in terms of Section II (11) of the Council's
Scheme of Administration relating to appointments to Committees. 
2. RECOMMENDATION 
2.1 It is recommended that the Council: 
(i) consider the proposals regarding allocations for Committees, as
set out in Appendix 1 of the report; and 
(ii) agree that Group Leaders provide the names of appointees to each
Committee within 7 days to the Clerk and thereafter that the names
provided be recorded as duly appointed to the relevant
Committees. 
3. BACKGROUND 
3.1 At the by-election held on 3 November 2022, John Stuart was duly elected as
a Councillor for Ward 3: Buckie.   
3.2 As a result of the outcome of the by-election and the change in the political
make-up of the Council, the Council needs to consider appointments to
Committees.  The Council is required to reflect political balance on its
committees and current political groupings, taking the SNP Group as a
political group of 9, means that the total number of Members on each
Committee needs to be reviewed.   
Item 13.
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4. MEMBERSHIP OF COMMITTEES 
4.1 At the meeting on the 10 August 2022 the Council agreed the number of
Members on each Service Committee remain at 14 (paragraphs 7 and 8 of the
Minute refer). 
4.2 At the meeting on the 28 September 2022 the Council further agreed to defer
further consideration of all of the remaining committee vacancies until this
meeting following the outcome of the Buckie Ward 3 by-election (paragraph
10 of the Minute refers). 
4.3 The increase in the membership of the SNP Group results in the following
allocations to Committees of 14:   
5 Administration Members, 
5 SNP Members, 
2 Labour Members; and 
2 Independent Members 
4.4 As the Scottish Green Party Member and the non-aligned Conservative
Member only have a 0.54 allocation each they would not be included within
the membership of a committee of 14. 
4.5 A summary of the impact the by-election result has had on the vacancies that
remained as at 28 September 2022 is attached at Appendix 1. The Council is
asked to consider the proposals as set out in the Appendix. 
5. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Effective governance arrangements are key to the development and
delivery of the Council’s stated priorities and plans. 
(b) Policy and Legal
The proposals set out in this report comply with Sections (I) (II) & (III) of
the Council’s Scheme of Administration relating to the delegation of
functions to Committees and Sub-Committees, the appointments of
Members to these and the appointment of Chair & Deputy Chairs. 
(c) Financial implications
None arising from this report. 
(d) Risk Implications
None arising from this report. 
(e) Staffing Implications
The administration of appointments to Committees and Sub-Committees
can be met within existing resources.
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(f) Property
None arising from this report. 
(g) Equalities/Socio Economic Impact
None arising from this report. 
(h) Climate Change and Biodiversity Impacts
None arising from this report. 
(i) Consultations
Head of Governance, Strategy and Performance has been consulted
and any comments incorporated into the report. 
6. CONCLUSION 
6.1 This report provides proposals for amendments to council committees
following the result of the Buckie Ward By-Election. 
Author of Report: Democratic Services Manager
Background Papers:  Held by Author
Ref:       
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APPENDIX 1 
REMAINING COMMITTEE VACANCIES 
COMMITTEE REMAINING
VACANCIES
COMMENTS
Audit and Scrutiny 1 Previously allocated to Green/Lib
Dem/Non-Aligned Conservative –
vacancy now falls to be filled by SNP
Group Member 
Housing and
Community Safety
1 Cllrs Political balance now means that the
Green/Non-aligned Members who only
have a combined 1.08 seat allocation
against 1.62 allocation to the Independent
Members would forfeit seat on this
committee.  However the current
Independent vacancy could be filled by
SNP Group Member allowing the current
Green Member to remain on this
Committee leaving no vacancies.
Corporate 1 Previously allocated to Green/Lib
Dem/Non-Aligned Conservative –
vacancy now falls to be filled by SNP
Group Member 
Education, Children’s
and Leisure Services 
Requires a change with the removal of 1 x
non aligned Conservative member with
seat to be filled by SNP Group Member
Economic
Development and
Infrastructure Services 
1 Political balance now means that the
Green/Non-aligned Members who only
have a combined 1.08 seat allocation
against 1.62 allocation to the Independent
Members would forfeit seat on this
committee.  However the current
Independent vacancy could be filled by
SNP Group Member allowing the current
Green Member to remain on this
Committee leaving no vacancies.
Licensing Committee 2 Political balance now means that the
Green/Non-aligned Conservative
Members who only have a combined 1.08
seat allocation against 1.62 allocation to
the Independent Members would forfeit
seat on this committee.  However one of
the current Independent vacancies could
be filled by SNP Group Member allowing
the current Non-aligned Conservative
Item 13.
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Member to remain on this Committee
leaving no vacancies.
Previously, rather than follow political
balance it was agreed by Group Leaders
to retain existing membership t due to the
cost implications in relation to the training
of new committee members.  Therefore, 
the status quo will remain in regard to the
current membership of the Licensing
Committee and Board with only the
vacancy being filled. 
Planning and
Regulatory Services 
Political balance now means that the
Green/Non-aligned Conservative
Members who only have a combined 1.08
seat allocation against 1.62 allocation to
the Independent Members would forfeit
seat on this committee.
Police and Fire and
Rescue Services (9) 
No change
Corporate
Appointments (9)
1 1 x vacancy allocated to Green/Non-
Aligned
Appeals (9) 2 1 x allocated to Independent Cllrs plus 1
other 
Moray Local Review
Body (9)
1 1 to be allocated 
Joint Consultative
Committee (7) 
No change 
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: CHANGES TO CALENDAR OF MEETINGS 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To seek approval from the Council to make changes to the meeting calendar
for Moray Council in February and March 2023 and the timing Housing and
Community Safety Committee within the Committee Cycle. 
1.2 This report is submitted to Council in terms of Section II (10) of the Council's
Scheme of Administration relating to Committee structures, distribution of
functions and responsibilities. 
2. RECOMMENDATION 
2.1 It is recommended that the Council agree to: 
i) make the scheduled ordinary meeting on 1 March 2023 a special
meeting to consider the proposed budget for 2023/24; 
ii) the additional meeting on 2 February 2023 be considered as an
ordinary meeting to replace the meeting on 1 March 2023; and 
iii) change with immediate effect when Housing and Community
Safety Committee falls within the Committee cycle going forward. 
3. BACKGROUND 
Changes to Moray Council Meetings
3.1 In previous years, a special meeting of Moray Council has taken place in
February to agree the budget for the following year. 
3.2 Due to the delayed Autumn Statement from UK Government, Scottish
Government budget announcements will not be made until December 2022
with the stage 3 parliamentary debate scheduled for mid February 2023.  Past
years have seen material shifts between initial announcements and the final
budget approved.  To enable the Council to set its budget on the best
information available on funding, budget pressures, use of reserves etc it is
proposed that budget setting is deferred until 1 March 2023. Council tax is a
Item 14.
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fundamental aspect of budget setting and given the current very dynamic
financial environment, it is prudent to ensure the rate is set with the best
information available, bearing in mind the period required to ensure council
tax bills are printed and posted on time. 
3.3 There is a scheduled meeting of Moray Council on 1 March 2023 and it is
proposed to use this date to present the budget.  In line with previous custom
and practice, to allow a full debate of the budget, it is proposed that the
meeting on 1 March 2023 is a Special meeting with the budget and associated
reports on the agenda. 
3.4 This would mean that the next scheduled meeting of Moray Council following
the March date is 24 May 2023 and Officers are of the view that it would be
prudent to schedule in a further ordinary meeting of Moray Council on 2
February 2023 to deal with any other business aside from the budget
including the annual charges report. 
3.5 Standing Order 12 states that a special meeting can be called at any time,
however, Standing Order 30 states that special meetings only allow for urgent
business.  Minutes, written questions, notices of motion and question time are
not accepted onto the agendas. 
3.6 Agreement is therefore sought from Council to make the meeting on 2
February 2023 an ordinary meeting and to enable other items to be
considered such as notices of motion and question time. 
Changes to Committee Cycle: Housing and Community Safety 
Committee
3.7 At the meeting of Moray Council on 30 June 2021 (para 24 of the minute
refers) it was agreed to hold Housing and Community Safety Committee in the
afternoon following Economic Development and Infrastructure Services
Committee. 
3.8 It was further agreed at the meeting to review the decision to assess the
effectiveness following a number of Committee cycles.  Officers feel that given
the increase in Committee business, agendas for both meetings are
increasingly quite large and it would be sensible to consider moving the
Committees to separate days. 
3.9 Concern has also been raised by some Members about the volume of
business and the impact this has when holding both meetings on the same
day and could the meetings be held on separate days. 
3.10 There is also an impact on Officers workload servicing 2 Committees on the
same day. 
3.11 It is proposed that Housing and Community Safety Committee could be
moved from Tuesday of week 5 to Tuesday week 6 of the Committee cycle as
follows: 
Week 1  –  No scheduled meetings 
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Week 2 – Tuesday:  Planning and Regulatory Services Committee  
Wednesday: Appeals Committee     
Week 3 – Wednesday:  Education, Children’s and Leisure Services
Committee   
Week 4 – Tuesday:  Corporate Committee 
Week 5 – Tuesday:  Economic Development and Infrastructure
Services Committee (am)   
Housing and Community Safety Committee (pm)  
Wednesday:  Licensing Committee (am)   
Licensing Board (pm) 
Week 6 – Tuesday: Housing and Community Safety Committee  
Wednesday:  Audit and Scrutiny Committee 
Week 7 – No scheduled meetings 
Week 8 – Wednesday:  Moray Council           
3.12 The next scheduled meeting of Housing and Community Safety is 7 February 
2023.  The proposed change would mean the next meeting would be 14 
February 2023. 
3.13 Should the change to Housing and Community Safety Committee be agreed, 
it is proposed to make the change with immediate effect. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
None 
(b) Policy and Legal
None 
(c) Financial implications
There are no financial implications arising from this report. 
(d) Risk Implications
There are no risk implications arising from this report. 
(e) Staffing Implications
There are no staffing implications arising from this report 
(f) Property
There are no property implications arising from this report 
(g) Equalities/Socio Economic Impact
There are not equalities/social economic impacts arising from this report. 
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(h) Climate Change and Biodiversity Impacts
There are not climate change and biodiversity impacts related to this
report. 
(i) Consultations
The Chief Executive, Depute Chief Executive (Economy, Environment
and Finance), Depute Chief Executive (Education, Communities and
Organisational Development), Head of Governance, Strategy and
Performance, Chief Financial Officer, Head of Housing and Property and
Democratic Services Manager have all been consulted and their
comments have been incorporated into the report. 
5. CONCLUSION 
5.1 Council is asked to approve changes to the calendar of meetings for
February and March 2023 and move Housing and Community Safety
Committee within the Committee cycle. 
Author of Report: Tracey Sutherland, Committee Services Officer
Background Papers: 
Ref: 
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2021 
SUBJECT: REMIT OF THE AUDIT AND SCRUTINY COMMITTEE 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 The report seeks the Council approval, as part of the final stage of the
Council’s review of committee governance arrangements, to clarify the
scrutiny remit of the Audit and Scrutiny Committee and approve a Scrutiny
Guide. 
1.2 This report is submitted to Committee in terms of Section II (10) of the
Scheme of the Council's Scheme of Administration, changes in committee
responsibilities. 
2. RECOMMENDATION 
2.1 It proposed that the Council: 
(i)  agree the remit of the Audit and Scrutiny Committee contained in  
paragraph 4.2 below; 
(ii)  agree that the Council’s Scheme of Administration is revised to  
reflect the remit in terms of Appendix 1; 
(iii)  approve the Guide attached as Appendix 2 to be adopted 
as part of the Council’s Second Tier Governance Documents; 
(iv)  consider reducing the frequency of meetings of the Audit and 
Scrutiny Committee from 8 weekly to quarterly; 
(v)  consider reducing the number of Members who sit on the Audit  
and Scrutiny Committee; and 
(vi)  consider whether to appoint up to two non-remunerated external
members to the committee.   
Item 15.
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3. BACKGROUND 
Recent committee decisions
3.1 Following a governance review the Council agreed changes to its committee
structure at a meeting on 30 June 2021 (para 24 of the minute). The Scheme
of Administration was revised to reflect these changes and agreed at a
meeting of the Council on 15 September 2021 (para 32 of the minute refers). 
3.2 The final part of the governance review remains outstanding:  Clarity on the
scrutiny role of the Audit and Scrutiny Committee (with reference to a
separate scrutiny guidance document). This outstanding action has been
picked up in both the best value audit follow up and the annual audit.   
3.3 A similar version of this report was submitted to a meeting of the Council on
30 November 2021. The decision was to leave the remit of the Committee
unchanged until after the elections in May 2022 (para 6 of the minute refers).
This report asks the Council to reconsider this outstanding issue. 
Statutory background
3.4 Audit: Expectation that every Local Authority will have a committed dedicated
to audit. Best practice suggests a standalone committee but it is not
uncommon for an audit committee to have similar related functions. 
3.5 Scrtiny: Whilst there is no explicit statutory duty on local authorities in
Scotland to put scrutiny measures in place, there is a statutory duty to pursue
Best Value. Scrutiny and continuous improvement arrangements are closely
linked to Best Value and are subject to Best Value recommendations by Audit
Scotland. 
Scrutiny through committees
3.6 Local authorities in Scotland approach scrutiny in different ways: 
• In local authorities with an administration led cabinet or executive
committee there is a need to have a separate scrutiny committee (or
committees) with wide ranging call in powers to achieve political
balance. 
• In local authorities where the administration group significantly
outnumbers opposition groups then more robust and formal scrutiny
arrangements may be needed to achieve political balance.
• In local authorities where there is a finer political balance then scrutiny
tends to be “frontloaded”, largely taking place in meetings of the
Council and service committees. 
3.7 Whatever model is adopted it is important to ensure that there are adequate
opportunities for Members to scrutinise service policy, decision making and
performance and that scrutiny arrangements are kept under regular review to
ensure that they meet the needs of the organisation. 
3.8 Scrutiny of service policy, decision making and performance used to take
place through the Council’s Audit and Performance Review Committee. The
Council chose to move this scrutiny function to service committees in a review
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of the Scheme of Administration in 2014 at which time the committee was
renamed the Audit and Scrutiny Committee. 
3.9 Since then service committees undertake the bulk of scrutiny activity in the
Council with active questioning and monitoring of progress against agreed
outcomes. The role of the Audit and Scrutiny Committee has been less clear
in relation to its scrutiny function and would benefit from further definition. 
Scrutiny guidance and training
3.10 In addition to the committee scrutiny function a number of local authorities
have additional guidance and training for Members. The Audit and Scrutiny
committee have identified that the Council would benefit from a scrutiny
guidance document and previously considered a draft Scrutiny Handbook at
their meeting on 19 November 2019 (para 6 of the minute). This meeting
agreed to set up a working group to consider the terms of a scrutiny
handbook, however with the time and logistical pressures of the pandemic
and then the subsequent governance review this working group has not met. 
External scrutiny
3.11 In addition to scrutiny by Members through committees there are a number of
ways in which effective scrutiny of Council policies, decision making and
performance can take place. These are shown in draft Scrutiny Guide detailed
at paragraph 4.4 below and attached as Appendix 2 
4. PROPOSALS   
4.1 It is proposed that the audit role of the Committee is expanded as follows: 
To review the Council’s Annual Governance Statement and
enhancing corporate governance arrangements by:
• promoting internal controls and assurances
• considering the effectiveness of the Council’s risk
management arrangements
• supporting an anti-fraud culture
• review of revisions to financial procedures
• making recommendations where appropriate 
4.2 Given the healthy level of scrutiny that takes place in the Council and its
service committees it is considered appropriate that the Audit and Scrutiny
committee assume a “safety net” role to pick up on areas which have been
flagged by internal audit or external audit and regulators and ensure that
these are followed through for improvement action. 
4.3 It is proposed that the scrutiny role of the committee is defined as follows: 
To scrutinise areas of policy, service delivery or performance identified for
improvement in: 
(i)  internal and external audit reports where sufficient evidence of progress
from the appropriate committee is not available; 
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(ii)  reports or findings from external regulators where sufficient evidence of
progress from the appropriate committee is not available. 
To receive reports on the performance of and trends within the Council’s
services as a whole in terms of the Local Government Benchmarking
Framework. 
4.4 The Audit and Scrutiny Committee would be empowered to make
recommendations to service committees in the areas identified for
improvement. 
4.5 To help clarify the scrutiny function within the Council, improve the quality of
frontline scrutiny by service committees and assist Members in this process it
is further proposed that the Council adopt the Scrutiny Guide attached as
Appendix 2 to this report and that this document is published within the
Council’s Second Tier Governance Documents. 
4.6 To complement the guide, the Council’s Organisational Development team
are arranging further training for Members in scrutiny. This training delivery
will be supported by the Improvement Service. 
4.7 Agendas for the Audit and Scrutiny Committee tend to be shorter than for
other service committees and it is proposed that the frequency of meetings is
reduced from 8 weekly to 12 weekly. This reduced frequency would still allow
for the timely consideration of audit reports. 
4.8 Members may also wish to consider the number of members who sit on the
Audit and Scrutiny Committee. The only membership requirement for this
committee is that it should reflect political balance. There is no prescription on
who the Committee chair should be although there is a convention in Moray
that the chair is not a member of the administration group. Guidance and best
practice suggests that a scrutiny committee benefits from its membership
being drawn from more experienced Members. 
4.9 Consider appointing up to 2 unpaid external members as recommended in the
Chartered Institute of Public Finance and Accountancy (CIPFA) Position
Statement: Audit Committees in Local Authorities and Police 2022. This
details: 
4.10 The audit committees of local authorities should include co-opted independent
members in accordance with the appropriate legislation. Where there is no
legislative direction to include co-opted independent members, CIPFA
recommends that each authority audit committee should include at least two
co-opted independent members to provide appropriate technical expertise. 
5. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Having strong governance arrangements in place contributes to the
Corporate Plan aim of having a Sustainable Council. 
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(b) Policy and Legal
There are no legal requirements in relation to scrutiny. It is a matter of
policy for the council to determine. 
(c) Financial implications
There are no direct financial implications from the recommendations in
this report. Having strong scrutiny arrangements in place will assist with
good financial governance. 
(d) Risk Implications
Effective scrutiny can help identify and mitigate risks,   
(e) Staffing Implications
The reduced frequency of meetings would help alleviate pressures on
staff capacity. 
(f) Property
None 
(g) Equalities/Socio Economic Impact
No direct implications. 
(h) Consultations
CMT, the Head of Finance, the Audit and Risk Manager and the Chair of
the Audit and Scrutiny Committee have been consulted. 
6. CONCLUSION 
6.1  The Council is asked to review its scrutiny arrangements, approve an 
update of the remit of the Audit and Scrutiny Committee within its 
Scheme of Administration and approve a Scrutiny Guide as part of its 
Second Tier Governance Documents. 
Author of Report:  Head of Governance, Strategy and Performance. 
Background Papers:  none
Ref: 
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Appendix 1 
Scheme of Administration: Audit and Scrutiny remit 
(I) AUDIT AND SCRUTINY COMMITTEE 
The following functions of the Council shall stand referred or delegated to this
Committee: 
Standards 
(1)  To ensure that the highest standards of probity and public
accountability are demonstrated. 
Audit Functions 
(2)  Considering reports from the Council’s Internal Auditor. 
(3)  Considering reports from Audit Scotland concerning Council
functions. 
(4)  Contributing towards making the Council, its Committees and
Services more responsive to the audit function and its purpose. 
(5)  Enhancing corporate governance arrangements by promoting
internal control and risk management, by supporting an anti-fraud
culture, and by the review of revisions to financial procedures. 
(6)  Having responsibility for focussing audit resources through a process
of endorsing the five year strategic audit plan and agreeing the
annual programme of work. 
(7)  Monitoring delivery of the audit service through receipt of quarterly
reports on work carried out by Internal Audit. 
(8)  Considering reports produced by the Council’s External Auditor and
by Audit Scotland. 
(9)  Considering the annual assurance statement provided by Internal
Audit on the Council’s control environment. 
Scrutiny Functions 
(10)  To scrutinise areas of policy, service delivery or performance
identified for improvement in: 
(i) internal and external audit reports where sufficient evidence of
progress from the appropriate committee is not available; 
Item 15.
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(ii) reports or findings from external regulators where sufficient
evidence of progress from the appropriate committee is not
available. 
(11)  To receive reports on the performance of and trends within Council’s
services as a whole in terms of Local Government Benchmarking
Framework. 
Inquiries 
(12)  To deal with all matters relating to local inquiries into matters
affecting children. 
Deleted: Scrutinising
Formatted: Font: (Default) Arial, 12 pt
Deleted: the policies of the Council and their
effectiveness in meeting the Action Plans of the Council
as set out in the Corporate Development Plan.
Deleted: Evaluating the actions of Committees and
implementing the Action Plan set out in the Corporate
Development Plan.¶
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APPENDIX 2
GUIDE TO SCRUTINY AT
MORAY COUNCIL 
Approved by Moray Council  [date]
Author  Head of Governance, Strategy and
Performance
Status  for publication
Date for review  Nov 2025 
Item 15.
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APPENDIX 2
This document is a guide for the public, councillors and officers to how scrutiny
works in Moray Council. It is divided into nine parts: 
1. What is scrutiny?
2. An overview of council scrutiny
3. External scrutiny 
4. Internal scrutiny
5. Scrutiny by councillors through the committee process
6. Scrutiny by councillors outside the committee process
7. The role of the Audit and Scrutiny Committee
8. Principles of good scrutiny for councillors
9. Scrutiny tools and techniques for councillors 
1.  What is scrutiny?
1.1 The Council raises and is allocated a significant amount of public money to
deliver services for the public. Effective scrutiny helps the Council demonstrate that
this money is being spent wisely and accountably and that it is continually seeking to
improve the services it provides to the public.
1.2 Scrutiny arrangements in Scottish local authorities are not covered by statute but
are a matter for each local authority to determine.
1.3 The following extracts from the Improvement Service Scrutiny Notebook are
useful to define scrutiny:  
The overall objective of scrutiny is improvement. There is an unremitting
demand upon council services to deliver real improvements to their
communities, customers or users. 
Scrutiny should be more than a process of enquiry. It is a vital
component of good governance and improves councils’ decision-
making, service provision and cost-effectiveness.
2.   An overview of council scrutiny 
2.1 The following diagram shows the ways in which Council policies, actions and
decisions can be scrutinised, both externally and internally. 
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APPENDIX 2 
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APPENDIX 2
3. External scrutiny 
3.1 This diagram shows that, as well as being accountable to a number of external
regulatory bodies, the Council are directly accountable to the public in a number of
ways.
4. Internal scrutiny
4.1 The wide range of Council functions and the decisions required to keep these
functions operating are delegated to committees (made up of councillors) and to
officers. It helps to look at the different, but complementary role of councillors and
officers:
Councillors set strategy, review resources, performance and risk through
Council and Committee meetings. They are accountable to the electorate
Officers keep services running, implement policies/decisions and provide
options to the Council and its committees for decisions to be made. They are
accountable to the Council and its committees.
5. Scrutiny by councillors through the committee process
5.1 Most Council functions are delegated to committees which meet regularly to
consider policy, budget and performance information for the services within the remit
of that committee. The Council’s current committee structure, as detailed in its
Scheme of Administration, can be found on the following webpage. [link to be
inserted]
Scrutiny is every councillor’s job. It helps ensure that the Council remains
transparent, accountable and open, resulting in improved public policies and
services.  
Council and committee meetings provide the primary means for councillors to
carry out their scrutiny role.
5.3 Through debate and questioning at committee councillors can query and seek
assurances on: 
• Budget and financial information
• Progress against plans and policies 
• Service performance 
• Complaints
5.4 Councillors can request further action in areas where the need for improvement
action is needed: 
• Further evidence, consultation, investigations facts or reports
• Closer monitoring and reporting of areas of concern
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APPENDIX 2
• Escalation of areas of concern
Options for “delving deeper” are explored in more detail in paragraph 9 below. 
5.5 Council decisions are taken by majority vote and situations may arise where a
minority group of councillors feel that they have not received adequate assurances in
relation to an area of concern. The Council’s Standing Orders make provision for
councillors to seek further scrutiny on any topic by 
• Seeking clarification on minutes of prior meetings
• Raising a Notice of Motion 
• Submitting a Written Question to the committee chair which is answered in
public session.
• Asking a verbal question during Question Time at a committee meeting. 
6. Scrutiny by councillors outside the committee process 
6.1 There are a number of other ways in which councillors can seek assurances
outside of a formal meeting: 
• Informal questions to officers: Officers are generally available to answer
questions raised by councillors. This provides an informal means of scrutiny
and can save escalation of issues.
• Briefings to councillors. Briefings can be a useful way for information to be
presented to councillors on complex issues. Councillors have the opportunity
to ask questions of officers and explore options.
• Policy development meetings with officers and senior councillors.
• Project boards and working groups. 
7. Additional scrutiny through the role of the Audit and Scrutiny Committee
7.1 The role of the scrutiny function of the Audit and Scrutiny committee is to
facilitate additional scrutiny that does not duplicate scrutiny carried out by other
means.
7.2 Whilst the Chair of the Audit and Scrutiny committee has traditionally been
nominated by the largest non-administration group, the role of chair and of the
committee should be non-political and focused on improvement.
7.3 The role of the committee is defined in the Council’s Scheme of Administration
as: 
To scrutinise areas of policy, service delivery or performance identified
for improvement in: 
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APPENDIX 2
(i) internal and external audit reports where sufficient evidence of
progress from the appropriate committee is not available; 
(ii) reports or findings from external regulators where sufficient
evidence of progress from the appropriate committee is not available. 
To receive reports on the performance of and trends within the
Council’s services as a whole in terms of the Local Government
Benchmarking Framework. 
8. Principles of good scrutiny for councillors 
8.1 The four principles of good scrutiny per the Improvement Service are:
• To provide ‘critical friend’ challenge to council services as well as to external
authorities and agencies; 
• To reflect the voice and concerns of the public and communities; 
• To lead and own the scrutiny process; 
• To make an impact on the delivery and improvement of public services.
8.2 Scrutiny in context 
Best practice guidance highlights that:  
• In a climate of reducing resources the importance of scrutiny has never been
greater.
• The principal power of a scrutiny committee is to influence the decisions and
policies of the council and other organisations involved in delivering of public
services.
• For scrutiny to be effective, it must be seen as an investment in improvement,
which requires it to be targeted, proportionate and effective from a cost benefit
perspective.
8.3 Effective Scrutiny
Whilst debate can focus on politics, it is important for effective scrutiny that:
• The focus is not on negatives or apportioning blame, but is a genuine
endeavour to improve service delivery;
• An objectivity is displayed that is likely to encourage the political
administration to acknowledge and accept points arising from scrutiny
activity;
• There is a willingness from all party groups and individuals to make scrutiny
work effectively; otherwise it is less likely to add value.
Good scrutiny can involve the public in certain situations, however it is important that
expectations/outcomes of any public review are considered carefully.  This would
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APPENDIX 2
include consideration of the capacity of the council in terms of its governance and
risk framework to take forward recommendations likely to arise from the scrutiny
process and the costs of resourcing any consultation or engagement activity.   
9. Tools and Techniques for scrutiny
9.1 Carrying out effective scrutiny requires a number of skills.  In particular, there is a
need for members of the Committee to undertake useful questioning when
undertaking any of the responsibilities delegated by the Council.  There is also a
need to understand and, where appropriate, challenge the performance data that is
presented to the Committee.
9.2 This section of the guide provides some of the tools and techniques that can be
useful in delivering good scrutiny across the range of functions of the Council.
9.3 Questioning and Listening Techniques
(i) Why are questions important?
Detail from officers/consultees is often the most valuable source of information.  The
right questions are the most effective way to get the information you want in a way
that you understand.  Questioning is not about winning the debate but establishing
the facts.  A good question will:
• Establish validity of key data
• Seek clarification
• Seek further evidence
• Explore ideas
• Question assumptions
• Challenge facts or opinion
(ii) Open Questions
Open questions allow the respondent to inform the questioner about a situation in
their own words.  This gives the committee an opportunity to listen, process the
response and take note of any gaps or concerns that could be crucial to the review.
An example of an open question would be: 
“What are your thoughts regarding the provision of youth facilities?”
(iii) Probing Questions
One of the most important questioning techniques for those undertaking scrutiny is
the probing method.  Probing questions are used to obtain further information from a
respondent.  For example:
Respondent: Our performance is the best in Scotland.
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APPENDIX 2
Questioner: “You said that our performance is the best in Scotland.  How do you
know? How is that measured?”
(iv) Follow Up Questions
Follow up questions are needed if there are inconsistencies, questions not
answered, answers not clear or insufficient detail.  Those asking questions need to
be persistent and pursue the answers they are looking for.  For example:
Respondent: We benchmark with the other 31 Scottish Councils on a set of
performance indicators and Audit Scotland has ranked us the best in Scotland.
Questioner: How have you achieved this?
Respondent: Our success is due to the staff involved.
Questioner: Can you explain in more detail how our staff have achieved this
success?
(v) Closed Questions
Closed questions are answered yes or no and are used to verify the situation.
Questioner: So you are saying that staff training has led to the improvement in
performance?
Respondent: Yes
(vi) Good Practice in Questioning
There is a difference between holding to account and helping to improve.  A
questioner will focus on points of interest and ask more about any gaps in the
information.  Body language and tone also make a difference.  Identify the questions
in advance to:
• Ensure that you know what information you want. 
• Help to explain what you are trying to get at.
• Address issues that members and the public are really concerned about
• Ensure the correct person is there to deal with the questions
• Focus on helping to improve as well as holding to account
• Question like a ‘critical friend’ 
(vii) Bad Practice in Questioning
It is possible to ask questions that have an adverse effect on how the respondent will
answer:
• Leading questions – force the respondent to answer in a certain way
• Multiple questions – confuse the respondent
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APPENDIX 2
• Hypothetical questions – if so unlikely to happen, why ask?
• Unfocused, broad questions – difficult to answer
• Discriminatory or offensive questions
(viii) Active Listening
We listen to obtain information, understand and learn.  Research suggests that we
remember between 25-50% of what we hear.  In a ten minute conversation, most
people will only 2.5 to 5 minutes of the conversation.  Therefore:
• Focus on any introductory remarks
• Show that you are listening
• Provide feedback and check your understanding of points
• Avoid making a judgement too quickly
• Respond appropriately
9.4 Making Sense of Performance Data
(i) Typical Features of a Performance Report
A typical performance report at the Council contains some common features:
• Area of performance being measured – eg education, economy, environment
• Number of performance indicators – the number used will depend on the area
being reported with increasing emphasis being placed on a few key indicators. 
• Target for each performance indicator – targets may be set by the Service,
Partnership, nationally
• Trend information over a defined period – the Council tends to look at
performance over a three year period
• Overall result for each performance indicator – often we use arrows to
illustrate trends 
(ii) What do the statistics tell us? 
• Are we improving?  Look at the trend information, what’s happened over the
last three years?
• Are we on track to reach our targets?  Are the targets that have been set
reasonable?  Have we achieved what we set out to achieve?  Performance
trend and achievement of target are separate issues.
• Do we understand why we are performing at the current level and what is
being done to improve?  Is there an adequate explanation? 
(iii) Challenging Service Analysis
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APPENDIX 2
Committee members will not necessarily be experts in all areas.  There will be
occasions when it is reasonable to ask questions about what Services have said. 
For example (data for illustration only):
Performance
Area
Relevant
Indicator
Target
2017/18
Performance Data 
and Trend
Comments Target
2018/19
Waste
collection
% of
household
waste
collected on
due date
90% 2015/16 – 80%
2016/17 – 82%
2017/18 – 83%
↑ We will
continue to
improve.
95% 
• Do we agree that performance is improving?  Over the last three years, we
have improved by 3%.  Is this a significant improvement?
• We have not reached our target for 2017/18.  Was this ever achievable?  Why
is it set so high?  Past performance suggests that 90% is not a realistic target. 
Why have we increased it to 95% for 2018/19?
• Is the comment adequate to explain why we are achieving current levels of
performance?  Do we know what real action is being taken to improve our
performance in this area?
• Is this indicator alone enough to tell us how we are performing in the area of
waste collection.  What else do we need to know? 
Further Information
Useful Web Links
The Centre for Public Scrutiny http://www.cfps.org.uk
The Improvement Services http://www.improvementservice.org.uk
Scottish Government http://www.scotland.gov.uk
Audit Scotland http://www.audit-scotland.gov.uk/scrutiny 
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: PETITIONS PROCEDURE – INTRODUCTION OF E-PETITIONS 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To advise the Council of the facility to accept e-petitions within the Council’s
Committee Management and Information System (CMIS) and to seek
approval to amend the petitions procedure to incorporate e-petitions and
consider the avenues for engagement with school children and young people 
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. RECOMMENDATION 
2.1 It is recommended that the Council: 
(i) note that the Council’s Committee Management and Information
System (CMIS) has the facility to accept e-petitions; 
(ii) agree the revised Petitions Guidance/Procedure retaining the
submission of paper submissions and incorporating e-petitions
detailed in Appendix 2; and 
(iii) agree that the Council’s web pages are updated to reflect the
revised Petitions Guidance/Procedure and that these also
signpost the avenues currently open to children and young
people to make representations to the Council. 
3. BACKGROUND 
3.1 At the meeting of Moray Council on 27 March 2013, the Council agreed a
procedure relative to the handling of petitions and that petitions process
should go live from 1 April 2013 (para 11 of the Minute refers) 
3.2 To date 33 petitions have been submitted to the Council with 4 being heard at
the appropriate Service Committee.  The remaining 28 petitions did not meet
the current petitions criteria as per the table below.
Item 16.
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3.3 
Reason for Rejection  Number Rejected
The petition contained matters involving policy,
programme, strategy, plans or similar documents
which were published only after extensive public
consideration and are subject to programmed periodic
review by the Council. For this reason petitions in
respect of these types of matters will only be admitted
at the discretion of the Committee chairperson 
Where policies, programmes, strategies, plans or
similar documents are already scheduled for periodic
review including public consultation it may be more
appropriate for petitioners’ views to be considered
through the public consultation process rather than
through the petitions process to ensure that all relevant
views are canvassed before any change is made. 
9
The petition was relating to a decision the council or
any board, committee or joint committee had made
within the past 6 months where there had been no
material change that would have allowed the petition to
be progressed. 
1
The petition related to matters that are the
responsibility of The Moray Council’s Community
Planning Partners e.g. NHS Grampian, Third Sector
Interface Moray, Grampian Fire and Rescue, Grampian
Police, Moray College, HITRANS, HIE (for more
information visit www.yourmoray.org.uk ) – such
petitions will be sent on to the relevant partner to
address 
4
The petition was not signed by the Principal petitioner,
giving all other necessary details? 
3
The petition did not detail the name, address and
signatures of 50 people supporting the petition. 
8
The petition contained factually inaccurate information,
defamatory or false statements or language which is
offensive, extreme or provocative. This includes
obvious swear words and insults, but also any
language to which people reading it could reasonably
take offence or view as discriminatory. 
1
The petition related to matters which are subject to
individual planning, licensing or other similar processes
designed to ensure justice is done including decisions
the Council has already made where there are already
3
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procedures in place to consider objections and any
appeal against decisions. 
The current petitions procedure relates to paper submissions only and for
reasons of inclusivity it is recommended that the option to submit a paper
petition is retained. 
4. E-PETITIONS 
4.1 The Council introduced the use of a CMIS in May 2017 which has a range of
functionality including: 
• The production of agendas and minutes;
• Councillor information;
• Committee Calendar;
• Outside Bodies and their representatives. 
4.2 CMIS also has the ability for an individual to create an e-petition.  The e-
petition process requires a petitioner to complete an online form. Once
submitted it would follow the same verification process as that currently used
for paper petitions. If it passes the verification process, the petitioner will
receive an email including a link to the petition which can be shared to collect
electronic signatures. The procedure for submitting an e-petition is set out at
APPENDIX 1. 
4.3 A revised copy of the petitions guidance incorporating e-petitions is set out at
APPENDIX 2. 
5. ENGAGING WITH SCHOOL CHILDREN AND YOUNG PEOPLE 
5.1 Following a recent submission of a petition from secondary pupils in relation to
smart cards for use to purchase school meals, Members asked for
consideration to be given to how school children and young people could
engage with the council and whether this could be done through the petitions
process or other means. 
5.2 Committee Services undertook a further survey of other local authorities in
Scotland to see what mechanisms, if any, they had for engaging with school
children and young people. Responses varied in this regard with most having
no specific means for school children/young people to raise relevant issues,
whilst one used a deputations process with no age restriction and another had
considered a means of considering issues raised by school children through
the Education Committee. 
5.3 Further investigation into whether there are any other mechanisms of
engagement for/with young people in Moray has revealed the undernoted: 
Pupil Representative on Education,
Childrens’ and Leisure Services
Committee
Remit could be extended to gather
youth views that could be brought
forward to the Committee
Student Voice Groups/Pupil Senates Allows pupils to come together to
discuss issues that are relevant to
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them and provide views back to their
schools. 
Community   Learning and
Development – Youth Team – Moray
Youth Matters Group
This is a recent development which
could potentially be a forum for
young people to engage with the
Council.  This is a forum where the
young people discuss issues that are
of interest to them. They have met a
few times and are keen to look at
issues pertaining to their schools
experiences. They are keen to speak
to officers in the council about their
concerns and to then look at what
actions they can then take as a
result of those discussions.  
Scottish Youth Parliament Members There are also 2 Scottish Youth
Parliament members for Moray and
these young people would be
another route to raise issues which
they can then take back to the
Scottish Youth Parliament.
Community Councils It has been a long running desire to
encourage younger people to
become involved in their local
community council and to encourage
this the minimum age for
membership on a community council
was reduced from 18 to16. 
Writing directly to the Committee
Chair, Leader or Chief Executive as
an individual or as a group
Requesting action in relation to a
particular concern. 
Contacting their ward councillor Part of a councillor’s role
Making a complaint Through the Council’s complaints
procedure 
5.4 The Council’s petitions process was created as a means for community
groups/organisations to express their views/engage with the Council. A criteria
was set for submitting a petition such as the requirement for those submitting
and signing a petition to on the electoral register, the need for a minimum of
50 signatories as well as other criteria. 
5.5 Extending the current petitions process to try to include school children/young
people would be problematic.  Whilst some may appear on the electoral
register from the age of 16 it is likely that the majority will not. The need for 50
signatories that would require verification against the electoral register would  
therefore be prohibitive for under 16s. The use of the term petition has
inadvertently prevented the progress of representations from school
pupils/young people for the reasons stated above. 
5.6 It is therefore suggested that the existing engagement mechanisms for
children and young people (detailed in paragraph 5.3 above) are highlighted
on the Council’s web pages alongside reference to the Petitions
Guidance/Procedure. This is considered proportionate and consistent with
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right of the child and young people to be heard and have their opinion
considered under article 12 of the United Nations Convention on the Rights of
the Child. 
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Members of the public engaging with the Council by means of petitions
links directly with Moray Council’s priority to Empower Communities. 
(b) Policy and Legal
It is important, in the interests of good corporate governance and the
Best Value Statutory Duty, for the Council to provide a means for the
public to engage in the decision making process. 
It is a General Principle of the United Nations Convention on the Rights
of the Child that children have the right to express a view and have that
view taken into account. 
(c) Financial Implications
None 
(d) Risk Implications
By failing to provide an option to receive e-petitions, the Council could be
seen to hinder public engagement on matters for which the Council has
a responsibility or a service it provides. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
The proposals are consistent with the UNCRC (Incorporation) (Scotland)
Bill. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Head of Governance, Strategy and Performance, Community Learning
and Engagement Team Manager (CLD), Stewart McLauchlan, Quality
Improvement Manager, Children, Young People and Families Manager
(CLD) and the Equalities Officer. 
7. CONCLUSION 
7.1 The Council has had to reject 11 petitions due to being submitted
electronically using a platform not currently supported in our Petitions
Procedure. CMIS already has the functionality for members of the public
to create e-petitions and collect electronic signatures and it is
recommended that our current petitions process be revised to include
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the receipt of e-petitions in addition to paper petitions. 
7.2 In reviewing the current avenues open to children and young people to
engage with the Council, it is suggested that the existing engagement
mechanisms for children and young people (detailed in paragraph 5.3
above) enable them to engage on appropriate issues and that these are
highlighted on the Council’s web pages alongside reference to the
Petitions Guidance/Procedure to ensure that children and young people
are aware of them. 
Author of Report:  Democratic Services Manager 
Background Papers:  Report to Moray Council dated 27 March 2013 
Ref:    SPMAN-2045703626-199    
SPMAN-2045703626-200  
SPMAN-2045703626-198 
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APPENDIX 1 
How to submit a Petition 
A guide for the public
- the petitions process in Moray 
Approved by Moray Council on 7 December 2022 
Item 16.
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Petition Guidance 
07/12/2022
Page 2 of 10 
Contents
1 Introduction ...............................................................................................................................................3
2 Pre-petition actions ..................................................................................................................................3
3 Who can submit a Petition? ....................................................................................................................4
4 Who can sign the Petition? .....................................................................................................................4
5 What should a Petition contain? ............................................................................................................4
6 Criteria for submission of a petition .......................................................................................................5
6.1 Completing the form ..........................................................................................................................5
6.2 About the petition topic .....................................................................................................................5
6.3 Restrictions .........................................................................................................................................6
8 Submitting your Petition ..........................................................................................................................7
9 Petition Procedure ...................................................................................................................................8
10 Contact for Further Information ....................................................................................................... 10 
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1 Introduction
Members of the public are able to submit petitions to The Moray Council for consideration. 
Taking part in a petition is one way that a community, individuals or groups can be
involved in what the Council does. When a petition is submitted to the Council it can have
positive outcomes by creating informed debate which may result in the Council taking
further action to address concerns raised in the petition.
Petitioners may freely disagree with the Council or call for changes in policy. There will be
no attempt to exclude views as long as they meet the criteria for submission. 
This guidance assists you in explaining what information is required to allow you to submit
your petition. There is also information about the process which allows a petition to be
accepted and heard by The Moray Council. 
2 Pre-petition actions
Petitioners may wish to consider raising their issue in other ways before a petition is
submitted, including:-   
raising the issue with the local Community Council - details of your local community
council can be found at www.moray.gov.uk/communitycouncils or by emailing the
Community Council Liaison Officer at communitycouncil@moray.gov.uk.   
raising the issue with the appropriate local councillor(s), Member of Parliament or
Member of the Scottish Parliament – details of your local elected members can be
found at www.moray.gov.uk/elections and following the link to “Councillor's, MSP,
MP’ s”
If these routes have been explored, this information and copies of any correspondence
should be included with the petition as background information.
Issues that have been submitted as part of a formal complaint to the council and have
since been closed, or are subject to an ongoing process within the Council‟s Complaints
procedure cannot be submitted as part of petition.
More information on how to make a formal complaint to the Council can be found at
www.moray.gov.uk/complaints.
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3 Who can submit a Petition?
The person who submits the petition (the principal petitioner) must live in the Moray
Council area and be on the Register of Electors for this area. 
A councillor may not submit petitions. 
Petitions that have already been submitted and their status can be seen on the Petitions
Register available at www.moray.gov.uk/petitions. 
4 Who can sign the Petition?
There must be at least 50 signatures on the petition from people living in the Moray
Council area and on the Register of Electors for this area 
Fewer signatories may be accepted where the issue concerns a small community which
could not reasonably be expected to raise 50 signatories. The Chairperson of the relevant
Council Committee will decide if this exception applies. 
5 What should a Petition contain?   
Title or subject of the petition   
A brief and clear statement (250 words) covering the subject of the petition. This should
state:-
o What action the petitioner wishes the council to take;
o Action taken before submitting the petition and the outcome.  
The principal petitioner’s name and contact  address.
This is the person who will be asked to speak in support of the petition and also the
person we will contact to explain how the Council will respond to the petition once it
has been submitted. 
Detail the name, address and signatures of 50 people supporting the petition.  
The petition must also meet the criteria noted in the following section.
A template petition form is available to download for use from www.moray.gov.uk/petitions
or a hard copy can be obtained by calling Customer Services contact centre on 01343
563334 or emailing petitions@moray.gov.uk. An online e-petition is also available at
www.moray.gov.uk/petitions
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6 Criteria for submission of a petition
The petition needs to meet the following conditions: 
6.1 Completing the form 
Is the petition statement 250 words or less?   
Has the minimum signatory level of 50 signatures been met? If not, has the
Chairperson exercised discretion to accept the petition as it concerns a small
community?   
Of the signatures submitted are the signatories resident in Moray and registered on the
electoral register.   
Has the form been signed by the Principal petitioner, giving all other necessary details? 
6.2 About the petition topic 
Does the petition topic and statement cover something the Council is responsible for or
does it relate to something the Council does, or a service it provides.   
Has the petition topic and statement in this format or another format been submitted in
the last 6 months? (other petitions on the same subject may have already been
submitted and will be available on the petitions register)   
Does the petition topic and statement note the action that the petitioner wants the
council to take in relation to their issue?
The petition topic and statement does not contain: 
o factually inaccurate information, defamatory or false statements or language
which is offensive, extreme or provocative. This includes obvious swear words
and insults, but also any language to which people reading it could reasonably
take offence or view as discriminatory.
o information subject to interdict or court order or which names individuals, or
contains information where they may be identified, in relation to criminal
accusations.
o information that is commercially sensitive. e.g. relates to contractual matters
o information which may cause personal distress or loss.
o content which is malicious, solely intended to annoy or be humorous or is
otherwise inappropriate;
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o any commercial endorsement, advertisement or promotion of any product,
service or publication.
o overtly party political material. This does not mean it is not permissible to petition
on controversial issues. The focus should be on the issue and not the political
support or otherwise that exists.
The petition topic and statement does not name: 
o individual officers and staff of public offices, or any of their family members.
o other individuals or information whereby they may be easily identified
e.g.  identities of children in family disputes 
6.3 Restrictions
Petitions cannot be accepted if they are about any of the following: 
matters that are the responsibility of The Moray Council‟s Community Planning
Partners
e.g. NHS Grampian, Third Sector Interface Moray, Grampian Fire & Rescue,
Grampian Police, Moray College, HITRANS, HIE (for more information visit
www.yourmoray.org.uk ) – such petitions will be sent on to the relevant partner to
address   
matters which are subject to individual planning, licensing or other similar processes
designed to ensure justice is done including decisions the Council has already made
where there are already procedures in place to consider objections and any appeal
against decisions.   
matters involving policy, programme, strategy, plans or similar documents which were
published only after extensive public consideration and are subject to programmed
periodic review by the Council. For this reason petitions in respect of these types of
matters will only be admitted at the discretion of the Committee chairperson1.   
matters which are currently being handled or have been handled previously by The
Moray Council‟s complaints process including those raised with the Scottish Public
Services Ombudsman   
employees‟ terms and conditions of employment   
people or organisations breaking the law or codes of practice 
1 Where policies, programmes, strategies, plans or similar documents are already scheduled for periodic review
including public consultation it may be more appropriate for petitioners’ views to be considered through the public
consultation process rather than through the petitions process to ensure that all relevant views are canvassed before
any change is made.
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a decision the council or any board, committee or joint committee has made within the
past 6 months.   
material which is confidential   
issues for which a petition is not the appropriate channel, for example, correspondence
about a personal issue.   
Freedom of Information requests - information about the appropriate procedure for
making these types of requests can be found at online at www.moray.gov.uk and
clicking on „Information management‟ or by contacting The Moray Council Customer
Services contact centre on 01343 543451or emailing info@moray.gov.uk
8 Submitting your Petition
You can submit a petition in paper format or online using our e-petition process
If you have selected to submit a paper petition, once completed , please send your petition
as a hard copy to: 
Democratic Services Manager
The Moray Council, Council Office, High Street, Elgin, IV30 1BX 
Please ensure that all material submitted with the petition is securely attached together. It
is recommended that you retain a copy of the petition for your records. No responsibility
will be taken for items lost or delayed in the post.
.
You will be sent a written acknowledgement when we have received your petition. 
If you have chosen the online e-petition process you will receive an email acknowledgement when it
has been submitted.
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9 Petition Procedure
When The Moray Council receives your petition either in hard copy or online it will go
through a number of stages, in order that it can be considered during a committee of
The Moray Council.
Paper Copy Receipt and Validation 
When the petition is received we will acknowledge
receipt of the document in writing to the principal
petitioner.
The petition will then go through a validation process
where the petition is checked against the criteria laid
out above and the number of signatories and
whether they appear on the electoral register.
If the petition is valid we will write to the principal
petitioner and advise the date of the preliminary
hearing.
If the petition has been rejected, we will write to the
principal petitioner and advise of the reason why it
has been rejected. It may be that with additional
information you could re-submit the petition. 
E-petition Receipt and Validation 
Once you have completed the online form and submitted the petition you will receive an
automated email advising of the next steps 
The Democratic Services Manager (Petition Administrator) will receive a CMIS email stating
that an e-petition has been received and will check that it meets the criteria set out in the
Petitions Guidance.  Additional information may be requested – again this is done by the
Democratic Services Manager on CMIS and an automated email sent out. 
Once the additional information has been provided it will be checked and will either be
accepted and the petition will proceed through the process as outlined or rejected. 
If accepted, a threshold of 50 signatures and a closing date will be set and then allocated to
the relevant Committee Services Officer (Petition Responder) depending on the subject of
the petition.  The Petitioner will also be notified by email that their petition has been
approved.
Petition Receipt
Validation of the
Petition
Preliminary
Hearing
Full
Hearing
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The Petition Responder will be notified if the signature threshold is met and will then follow
the guidance for hearing a petition at the relevant Committee. 
If the e-petition does not meet the criteria and is to be rejected then this is done on CMIS
and an automated email sent out by the Democratic Services Manager. 
If a petition fails to meet the signature threshold it will be rejected and an automated
response will be sent to the petitioner and signatories advising of the reason for rejection.   
The flow chart below sets out the e-petitions process as described above. 
Response 
approver 
decision to 
proceed as 
per process
Petition created
Admin
Decision
Email sent to
notify
petitioner of
rejection
Petitioner
provides further
information
Admin set signature
threshold, Petition
responder and Petition
response approver
(optional)
Accept
Signatures collected
(public)
Opening Date
Threshold 
met?
Closing Date
Automated response
email sent to petitioner
No
Petition
responder alerted
to create 
Yes
Petition
responder
creates response
Response 
approver 
selected?
Automated response
sent to petitioner
and signatories. 
Also published online
No
Yes
Approve
Reject
Request further
information
Email sent to notify
petitioner of
acceptance
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10 
Petitions Hearings 
Preliminary Hearing (First Hearing) 
If the petition is valid, it will be heard during a preliminary hearing at the next applicable
committee meeting. Please note that if the petition is received within 3 weeks of the
appropriate committee meeting it will be delayed to the next available meeting date after
that, to allow officers to prepare background information relating to your petition.
Before the preliminary hearing the relevant Committee Services Officer, who helps
administer the meeting, will contact the principal petitioner and invite them to the
committee meeting. The principal petitioner will be able to introduce their petition to their
meeting, subject to a 5 minute time limit and answer any questions.
If the principal petitioner is not present, or does not wish to introduce their petition, then the
committee chairperson will briefly introduce the topic based on the information before
them.
Information about attending the committee meeting, the format of the meeting and any
other relevant information about access to the meeting will be provided to the principal
petitioner in advance, so they know what to expect.
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10 
The committee will discuss, as appropriate, the merit of the petition and will then make a
decision either to proceed to a full hearing, reject the petition or to instruct some further
action.
We will write to the principal petitioner with a formal statement of the outcome of the
hearing. 
Full Hearing 
The full hearing will take place at the next available date either at that service committee,
another service committee or at a full meeting of The Moray Council, at which a further
report prepared by the council will be presented detailing the full background to the petition
To prepare this, staff at the council may request some further information from you about
your petition.
Before the full hearing the relevant Committee Services Officer will again contact the
principal petitioner and invite them to the full hearing. We will also send them a copy of
the report about the petition and invite them to submit further written comments based on
this. Written comments must be submitted by the principal petitioner, 3 clear working
days prior to the meeting being held.
Information about attending the meeting of the committee, the format of the meeting and
any other relevant information about access to the meeting will be provided to the principal
petitioner in advance, so they know what to expect.
At the full hearing, the principal petitioner will be able to introduce their petition in more
detail, subject to a time limit of 10 minutes, and answer any questions.
The committee will discuss, as appropriate, the merit of the petition, the report and written
comments and decide as follows: either to instruct immediate action by the council,
request action with further reports to the council or to reject the petition, stating a reason.
After the full hearing is completed, we will write to the Principal petitioner with a formal
written statement of the outcome.
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Petition Guidance 
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10 Contact for Further Information
If you require any further information about submitting a petition or any further guidance
about the process by which a petition may be heard please use the contact details below. 
Democratic Services Manager 
The Moray Council, Council Office, High Street, Elgin, IV30 1BX
Telephone: 01343 563334
Email: petitions@moray.gov.uk
Web: www.moray.gov.uk/petitions
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APPENDIX 2
E-Petitions Procedure 
The Petitioner will be directed to follow the link on the Petitions page of the Council’s
website to the e-petitions section in CMIS where an e-petition can be created by
members of the public. 
Once they have completed the online form and submitted the petition they will
receive an automated email advising of the next steps (below) 
 Create New Petition
The administrative team responsible for petitions have been notified and will respond to your submission.
They will take one of the following actions. 
1. Authorise the petition. Once authorised the petition will appear on the list of active petitions and
will be available to collect signatures.
2. Reject the petition, if a petition is rejected then you will be notified of the reasons for the rejection.
You can then submit a new petition.
3. Request additional information, if more information is required you will be sent an e-mail detailing
what is required. 
The Democratic Services Manager (Petition Administrator) will receive a CMIS email
stating that an e-petition has been received and will check that it meets the criteria
set out in the Petitions Guidance.   
Additional information may be requested – again this is done by the Democratic
Services Manager on CMIS and the following automated email sent out: 
To: Name of Petitioner
Subject: Further information required for your E-Petition
Body: Dear Petitioner, 
We have reviewed your proposed E-Peition “name” but require the following
further information before we can accept it: 
→ [enter details of required information here] 
Regards
E-Petitions Admin Team 
Once the additional information has been provided it will be checked and will either
be accepted and the petition will proceed through the process as outlined or
rejected. 
Item 16.
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APPENDIX 2
If accepted, a threshold of 50 signatures and a closing date will be set and then
allocated to the relevant Committee Services Officer (Petition Responder) depending
on the subject of the petition.  The Petitioner will also be notified by email that their
petition has been approved (see below). 
To: Email address of petitioner
Subject: Your E-petition – “ name of e-petition” has been approved
Body: Dear Petitioner, 
Your E-Petition entitled “e-petition name” has been approved.
Click this link to view your E-Petition Citizens who have an association with
your area will be able to find (and sign) your “e-petition name” E-Petition
from the ePet E-Petitions home page.  Signatures will be collected between
xxxxxxxxxx and xxxxxxxxxx. 
Regards
E-Petitions Admin Team 
The Petition Responder will be notified if the signature threshold is met and will then
follow the guidance for hearing a petition at the relevant Committee. 
If the e-petition does not meet the criteria and is to be rejected then this is done on
CMIS and the following automated email sent out by the Democratic Services
Manager. 
To: Name of Petitioner
Subject: Your petition “ e-petition name “ has been rejected
Body: Dear “name of petitioner ”, 
Unfortunately, your E-Petition entitled “E-Petition Name” has been rejected.
The petition was rejected for the following reason:
Reason(s) will be inserted here
Regards
E-Petitions Admin Team 
If a petition fails to meet the signature threshold it will be rejected and an automated
response will be sent to the petitioner and signatories advising of the reason for
rejection.  
The flow chart below sets out the e-petitions process as described above. 
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APPENDIX 2 
The flowchart below sets out the e-petitions process. 
Response 
approver 
decision to 
proceed as 
per process
Petition created
Admin
Decision
Email sent to
notify petitioner
of rejection
Petitioner
provides further
information
Admin set signature
threshold, Petition
responder and Petition
response approver
(optional)
Accept
Signatures collected
(public)
Opening Date
Threshold 
met?
Closing Date
Automated response
email sent to petitioner
No
Petition responder
alerted to create
response
Yes
Petition
responder
creates response
Response 
approver 
selected?
Automated response
sent to petitioner and
signatories. 
Also published online
No
Yes
Approve
Reject
Request further
information
Email sent to notify
petitioner of acceptance
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: REVISED PROPOSALS FOR UK PARLIAMENTARY
CONSTITUENCIES 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT 
1. REASON FOR REPORT 
1.1 To inform the Council of the revised proposals for the boundaries of UK
Parliamentary constituencies in the Moray Council area. 
1.2 This report is submitted to Council in terms of Section (II) (9) of the Council's
Administrative Scheme relating to elections and electoral boundaries. 
2. RECOMMENDATION 
2.1  It is recommended that the Council: 
i) consider the revised proposals made by the Boundary
Commission for Scotland for the constituencies covering the
Moray Council area, 
ii) agrees whether to submit a consultation response to the
Boundary Commission for Scotland and provides guidance on the
content of any response; and 
iii) delegates authority to the Depute Chief Executive (Education,
Communities & Organisational Development) to draft a
consultation response based upon the debate and outcome of the
meeting. 
3. BACKGROUND 
3.1 The Boundary Commission for Scotland (BCS) has been tasked by the
Parliamentary Constituencies Act 1986 to undertake a review of UK
Parliamentary (UKP) constituencies. The BCS must submit their report to the
Secretary of State for Scotland, and thereafter recommendations to the
Speaker of the UK Parliament, by 1 July 2023. On acceptance, the revised
constituencies will be used in future UK Parliamentary elections. 
Item 17.
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3.2 The Moray Local Authority area (LA) is currently covered by one UKP
constituency of Moray, the boundary of which is coterminous with the LA
boundary with an electorate, being 71,537 as at 2 March 2020. Existing
constituency boundaries in Moray have been in place since 2005 for the
preceding five general elections. 
3.3 Historically the UKP Moray constituency covered the whole Moray council and
previously Moray District area. In 1983, the current Moray UKP constituency
was created from the former constituencies of Moray and Nairn and
Banffshire. Between 1997-2005, the Moray UKP constituency covered a
slightly smaller area excluding an area to the west, which included Keith. 
3.4 The BCS of 2013 and 2018 sought to reduce the total number of
constituencies to 600. Neither of these reviews resulted in UKP constituency
changes and the reviews were not implemented by parliament. 
3.5 For this review, the number of seats for the House of Commons is fixed at
650. Scotland has been allocated 57 UKP constituencies, 2 fewer than the
present 59 UKP constituencies. Each new UKP constituency, with the
exception of two protected island UKP constituencies, has between 69,724 –
77,062 electors. 
3.6 The primary focus of this review is to equalise electorates in each seat. The
BCS form their constituency design proposals with reference to legal
procedure and balancing inter-dependent requirements including; 
- total size in km2, not exceeding 13,000km2
- total constituency electorate within 5% of UK electoral quota of 73,393 
and may consider other sub-ordinate factors set out as; 
- recognising local and community ties
- special geographic considerations including size, shape and accessibility
of the constituency
- local geography including transport links, other electoral and administrative
boundaries, and natural features
- do not cross a council area boundary, or where not practicable propose
constituencies that are each wholly within two neighbouring council areas.
- minimise disruption caused by any boundary changes. 
3.7 The initial BCS proposals published in November 2021 set out that the Moray
LA area become part of three new UKP constituencies rather than one. The
council submitted a response in the consultation in late 2021, objecting to the
proposals. Para 7 of the minute of the meeting of the Moray Council dated 21
November 2021 refers. 
4. BOUNDARY COMMISSION REVISED PROPOSALS 
4.1 Following consultation and review, the BCS published revised proposals on 8
November 2022  mapping the Moray LA area to be split and become part of
two new UKP constituencies shared with Highland and Aberdeenshire LA; 
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- Aberdeenshire North and Moray East
- Nairn, Strathspey and Moray West 
New
Constituency
Electorate  Area covers* Moray Council wards 
Aberdeenshire
North and
Moray East
69,802 Fraserburgh, Peterhead,
Rosehearty, Portsoy
Macduff, Banff, Buckie,
Cullen, Aberchirder, Keith,
Fochabers, Lhanbryde 
2– Keith and Cullen
3– Buckie
4 – Fochabers Lhanbryde
Nairn,
Strathspey
and Moray
West
76,914 Dalwhinnie, Newtonmore,
Kingussie, Aviemore,
Carrbirdge, Grantown-on-
Spey, Dallas, Rothes,
Aberlour, Dufftown,
Glenlivet Tomintoul, Nairn,
Forres, Lossiemouth, Elgin 
1 – Speyside Glenlivet
5 – Heldon and Laich 
6 – Elgin City North
7 – Elgin City South
8 - Forres
* not exhaustive, main communities listed only for reference 
4.2 The BCS maps of the proposed UKP constituencies relating to Moray are
contained within Appendix 1 to this report. Notably no Moray local
government wards are traversed by the proposed UKP constituency
boundaries, leaving the wards intact. 
4.3 The main revisions compared to the initial proposals are; 
• Moray local authority area is split across two, not three constituencies
• Ward 1 is incorporated westwards into a cross constituency with
Highland Council
• Ward 4 moves east to a cross constituency with Aberdeenshire
Council, with the revised constituency boundaries flanking the east side
of Elgin. 
4.4 BCS are seeking consultation responses on the revised proposals by 5
December 2022. The Returning Officer has sought an extension from the BCS
until 9 December to allow council to meet. 
5. COMMENTARY AND CONSIDERATIONS 
5.1 Due to the legislative review constraints, rules for the redistribution of seats
and equalisation of constituency electorates, it is considered unlikely the BCS
will amend their revised proposals to retain the current Moray UKP
constituency in isolation from amendment, despite already meeting the
electorate quota. 
5.2 The design of the revised proposed UKP constituencies is beyond any
historical constituency boundaries previously recognised. 
5.3 The splitting of the Council area into two new UKP constituencies and their
resulting design does appear not to meet with many of the policy principles as
set out in section 3.5
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5.4 The constituency boundaries proposed east of Elgin will immediately sever
residents in new developments from the rest of Elgin, due to the ongoing
development out with the current Ward 6 and 7 boundaries into Ward 4. 
5.5 It is likely at the next local government review due approx. 2024 – 2028 that
ward boundaries may vary significantly to accommodate growth. Any newly
laid UKP constituencies will traverse future ward boundaries to the east of
Elgin splitting further Elgin residents across two UKP constituencies. This will
cause issues in providing polling places within the constituency at a general
election, cross constituency administrative conflicts during polls and voter
confusion in understanding representation and boundaries. 
5.6 It is notable that the Nairn, Strathspey and Moray West constituency with an
electorate of 76,914 at time of review is only just within the required upper
limit of 77,062. Based on data from 2 March 2020, of all Scottish
constituencies this constituency has the second largest electorate in Scotland,
without considering any further residential development since the baseline
was set. 
5.7 The BCS recommend names for constituencies and encourage local
authorities to submit suggestions to them during the review. 
5.8 The Elections Officer and the Systems Manager, as with the initial proposals
will examine the fine detail of the constituency data and mapping to note any
minor divergence from the ward boundaries. If any divergence is noted this
will be directly highlighted to the BCS in a separate response. 
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
None. 
(b) Policy and Legal
The legislation governing this review is set out in the Parliamentary
Constituencies Act 1986, and the BCS have also published their policies
and procedures online in relation to this review. 
(c) Financial implications
No direct financial implications have been identified from the publication
of these revised proposals. Should these proposals be adopted, there
may be financial implications relating to core staff. Staffing costs relating
to poll delivery in the statutory election period may be reclaimed from
central government, if within guidelines. See 6(e). 
(d) Risk Implications
Separating the current Moray constituency into two geographically
remote constituencies is disruptive to administrative, political and
community organisation. Furthermore, this proposal exacerbates
administrative issues for both the local authority in conducting its
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business and delivering services including elections, and the Grampian
Valuation Joint Board in administering the electoral register. 
Quality of representation may suffer for Moray council area as a whole
due to the area being represented by two different Members of
Parliament, potentially of differing political affiliation. These members will
have to build new relationships with these revised areas that have
differing demographics, and economic and social issues. In addition,
refer to section 5, and 6e and 6g below. 
If the proposals are adopted and are promptly followed by a General
Election, the combined effect of these changes along with the
requirements of the Elections Act 2022 coming into force in May 2023,
will place the successful delivery of the election at significant risk. 
(e) Staffing Implications
It is unclear at this point whether, during a General Election,
responsibility will be given to the Moray Returning Officer for one, both or
neither of the proposed constituencies in the Moray LA area. This would
be subject to further legislation, and determined by the Secretary of
State, when the constituency boundaries are laid. 
Depending on constituency allocation to the Returning Officer, the way
elections are administrated and delivered in Moray during a General
election will have to substantially change due to the significant
geographic spread of the constituencies and increase in electorate. This
will have additional staffing implications. 
If the Moray Council were to administer the elections for one, or more,
constituencies there will be increased costs involved for additional staff
time and resources required to put the new arrangements in place,
noting the increased burden of Election Act 2022 requirements for Voter
ID. A working group will be required between local authorities and
electoral registration officers in the cross constituencies with
Aberdeenshire and Highland Council to facilitate delivery. 
(f) Property
No direct implications identified currently from the publication of these
revised proposals. 
(g) Equalities/Socio Economic Impact
There is an expectation these changes will not put one or more groups of
people at a disadvantage through direct discrimination but will
disadvantage some groups by geographical remoteness or disconnect
from historically recognised boundaries and thereby access to the
electoral and democratic process. 
The grouping of communities with little in common and where there is
keen sense of identity, is contentious. This may have a negative impact
on voter participation and awareness and cause voter confusion. 
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In addition, specific impact of the proposed constituency boundary on
residents in east of Elgin is noted at 5.4. 
Some respondents may consider that the proposals may have a direct
impact on the protected characteristics named on the Public Sector
Equality Duty. It would be appropriate to consider any representations
that advance this argument when considering if a constituency breaks
local ties. 
(h) Climate Change and Biodiversity Impacts
No direct implications have been identified from the publication of these
revised proposals. 
(i) Consultations
Consultation has been undertaken with the Returning Officer, Head of
Governance, Strategy and Performance, Equalities Officer, Systems
Manager and Tracey Sutherland, Committee Services Officer. 
5. CONCLUSION 
5.1 The Boundary Commission for Scotland have proposed major changes
to the UK Parliamentary constituency which currently covers the Moray
council area, splitting the current single constituency into two
constituencies shared with neighbouring authorities. Should the revised
proposals be accepted by ministers, the change in electoral boundaries
will have wide ranging impacts for representation for voters, delivery of
elections, and for staff and elected members engaging with Members of
Parliament. 
Author of Report: Alison Davidson, Elections Officer
Background Papers: Previous Report and Appendix to Moray Council on 10
November 2021
Ref: 
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2023 Review of UK Parliament Constituencies - Revised Proposals
Aberdeenshire North and Moray East County Constituency - Electorate 69,802
Crown Copyright and database right
2022. All rights reserved. Ordnance
Survey licence no. 100022179
A6
A2
A1
A3
M4
M3
M2 A5
0 2 miles
0 2 kmM1
Ward Boundary
Proposed Constituency
Moray
Ward Number
Aberdeenshire
Ward NumberA1
Item 17.
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2023 Review of UK Parliament Constituencies - Revised Proposals
Nairn, Strathspey and Moray West County Constituency - Electorate 76,914
Crown Copyright and database right
2022. All rights reserved. Ordnance
Survey licence no. 100022179
M1
Ward Boundary
Proposed Constituency
Moray
Ward Number
Highland
Ward NumberH10 5 miles
0 5 km
H20
H18
H17
M5
M8
M1
M7
M6
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REPORT TO:   MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT:   INFORMATION REPORT: MONITORING OFFICER REPORT
FROM 1 AUGUST 2021 TO 31 OCTOBER 2022 
BY:   MONITORING OFFICER 
1. REASON FOR REPORT 
1.1 To inform the Council on 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. BACKGROUND 
2.1 There is a statutory requirement for every Council to appoint a Monitoring
Officer. The Head of Governance, Strategy and Performance performs this
role in Moray Council supported by the Legal Services Manager who acts as
Depute Monitoring Officer. 
2.2 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. 
2.3 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. 
2.4 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). 
3. SUMMARY OF WORK UNDERTAKEN BY THE MONITORING OFFICER: 
Statutory role
3.1 There have been no formal reports of legal contravention or
maladministration. 
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Governance role
3.2 During the period covered by the report the Monitoring Officer has: 
3.3 Ensured that Council/Committee meetings could continue to be held virtually
throughout the pandemic response with assistance from Committee Services
staff 
3.4 Reviewed agendas, reports and notices of motion submitted for all formal
meetings of the Council and its Committees/Sub-Committees. 
3.5 This is a significant aspect of the Monitoring Officer’s workload, often
undertaken over a very restricted period to enable committee papers to be
published within the statutory timescales. Given staffing gaps within Legal
Services, a lighter touch is now being given to the report review process with
time spent being relative to the risk. The handling of Notices of Motion is
taking up an increasing amount of time, partly due to an increased number
and partly due to more diverse issues being raised.  Procedures are currently
being worked on to enable Notices of Motion to be processed as efficiently as
possible. 
3.6 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, written
questions, political balance and suspension of Standing Orders.   
3.7 Progressed with a review of the Council’s Committee Governance
arrangements in line with the Council’s Improvement and Modernisation
Programme.  This involved a review of the Council’s meeting structures to
help ensure that they meet the needs of the organisation. More recently a
review of senior Councillor roles has been undertaken and a Councillors
Roles and Responsibilities document agreed. 
3.8 The final element of this review, the role of the Audit and Scrutiny committee,
is outstanding. The review also highlighted a need to review the Council’s
second tier governance documents. This process is now underway. 
3.9 Ensured that the Council is aware of and compliant with all major pieces of
new legislation through the legal services section. 
Code of Conduct Role
3.10 During the period covered by the report the Monitoring Officer has: 
3.11 Maintained the register of councillor’s 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. 
3.12  Delivered training sessions for Councillors on the revised Code of Conduct
and provided regular updates to Councillors in relation to Standards
Commission briefings and relevant hearings. Further training opportunities will
cover the issues raised in the following paragraphs.
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3.13 Given advice to councillors on individual circumstances including:
• the requirement to declare an interest
• registration of interests
• the revised rules on accepting gifts and hospitality. This area has
caused some practical difficulties which have been raised at a national
level to see if further clarity can be given. 
3.14 Dealt with complaints against, and mediated in situations of conflict between
Councillors. These have involved the following provisions of the Code
• showing respect for other Councillors
• language used in social media
• allegations of bullying and harassment
• declaration of interests 
3.15 Communicated with the Ethical Standards Commissioner and the Standards
Commissioner over complaints covering: 
• Declaration of Interests. 
• Language used on social media
• Councillors showing respect for each other in terms of the Code. 
3.15 Participated with other Monitoring Officers in workshops with the Standards
Commission over issues relating to the Code of Conduct. 
4. SUMMARY OF IMPLICATIONS 
(a)  Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Effective governance is required for the delivery of the Council’s stated
priorities and plans. 
(b) Policy and Legal
These are detailed more fully in the report. 
(c) Financial Implications  
None. 
(d) Risks implications 
Actions taken by the Monitoring Officer help to manage political and
regulatory risks within the Corporate Risk Register. 
(e) Staffing implications
The role is carried out by the Head of Governance Strategy and
Performance, supported by the Legal Services Manager. It can be
challenging to fulfil the role alongside competing workload priorities. 
(f) Property Implications  
None
(g) Equalities/Socio Economic Impact 
There are no issues arising directly from this report. 
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(h)  Climate Change and Biodiversity Impacts 
None
(i) Consultations
The Depute Monitoring Officer has been consulted and her comments
have been reflected in the report. 
5. CONCLUSION 
5.1 The report informs the Council on the activities undertaken by the
Monitoring Officer during the period covered by this report. 
Author of Report:  Alasdair McEachan, Head of Governance, Strategy and
Performance (Monitoring Officer) 
Background Papers: None
Ref:     
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REPORT TO: MORAY COUNCIL ON 7 DECEMBER 2022 
SUBJECT: INFORMATION REPORT: APPROVED MINUTES OF MORAY
INTEGRATION JOINT BOARD 
BY:  CHIEF OFFICER, HEALTH AND SOCIAL CARE MORAY 
1. REASON FOR REPORT 
1.1 To inform the Council of the latest approved minutes of the meetings of the
Moray Integration Joint Board. 
1.2 This report is submitted under Section II (22) of the Council's Scheme of
Administration relating to the Moray Integration Joint Board (MIJB). 
2. BACKGROUND 
2.1 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. 
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.
• Ensure resources are used effectively and efficiently to deliver services. 
2.2 Approved minutes from the MIJB meeting held on 30 June 2022, which were
accepted as a correct record of the meeting on 29 September 2022, can be
found here:
https://moray.cmis.uk.com/moray/CouncilandGovernance/Committees/tabid/6
2/ctl/ViewCMIS_CommitteeDetails/mid/381/id/18/Default.aspx .  A few key
highlights from the meeting for the Moray Council to note were, the MIJB:
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• Noted changes in the membership of the IJB and its committees.
• Received an update report by the Chief Officer, detailing the key work of the
partnership and agreed that transforming services to meet the aspirations of
the IJB’s strategic plan remains a priority, with a focus on key objectives as
service remobilise from the covid pandemic, along with a look ahead as we
continue to develop strategic planning.
• Noted the unaudited revenue outturn position for the financial year 2021/22,
the impact of the outturn on the 2022/23 revenue budget and approved for
issue Directions to NHS Grampian and Moray Council.
• Noted the unaudited Annual Accounts prior to their submission to the external
auditor, noting that all figures remain subject to audit.
• Noted the Annual Governance Statement contained within the unaudited
Annual Accounts and noted the accounting policies applied in the production
of the unaudited Annual Accounts.
• Approved the Business Case for delegation of Children’s and Families and
Justice Social Work Services to MIJB and noted that the Business Case has
been submitted to Moray Council and NHS Grampian for their respective
approvals.  The Board also noted that financial accountability for the service
remains with the Council for a period of 18 months up to 31 March 2024.
• Noted the work undertaken to meet the aims and objective of the Self-
Directed Support (SDS) Day Opportunities Test of Change and approved the
movement of budget from decommissioned contracts to fund the permanency
of the Day Opportunities team and the role of the SDS Enablers.  
• Received a report by the Chief Social Work Officer escalating the issues
previously reported to the Clinical and Care Governance Committee on 26
May 2022 regarding Unmet Need in Moray.  The IJB noted the situation and
the continuing additional pressures placed upon HSCM staff.  It was agreed a
further report to the Committee is required detailing the steps taken to
increase and improve recruitment. 
3. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This report forms part of the governance arrangements of MIJB; good
governance arrangements will support the Board to fulfil its objectives. 
(b) Policy and Legal
There are no policy or legal implications associated with this report. 
(c) Financial implications
There are no financial implications associated with this report. 
(d) Risk Implications
There are no risk implications associated with this report. 
(e) Staffing Implications
There are no staffing implications arising from this report. 
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(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
An Equalities Impact Assessment is not required as there is no change
to policy and procedures resulting from this report. 
(h) Climate Change and Biodiversity Impacts
There are no climate change or biodiversity implications arising from this
report. 
(i) Consultations
Consultation on this report has taken place with Corporate Manager,
Health and Social Care Moray and Tracey Sutherland, Committee
Services Officer, Moray Council, who are in agreement with the content
in relation to their area of responsibility. 
4. CONCLUSION 
4.1 This report provides a summary of the business addressed by the MIJB
at their meeting on 30 June 2022. 
Author of Report: Isla Whyte, Interim Support Manager, Health and Social
Care Moray
Background Papers: available online 
Ref: SPMAN-305227695-33 
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