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Supplementary Agenda Document Pack - Moray Council - 28/09/2022

Moray Council · 28 September 2022
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Moray Council 
Wednesday, 28 September 2022 
SUPPLEMENTARY AGENDA 
The undernoted reports have been added to the Agenda for the meeting of the
Moray Council to be held at Council Chambers, Council Office, High Street,
Elgin, IV30 1BX on Wednesday, 28 September 2022 at 09:30. 
BUSINESS 
8a. Review of Council Standing Orders
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
3 - 40
12a. Learning Estate Strategy Delivery Programme
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
41 -
108
12b. Short to Medium Term Financial Plan
Report by Depute Chief Executive (Economy, Environment and
Finance)  
109 -
118
13a. Moray Council School Meal Debt
Report by Depute Chief Executive (Economy, Environment and
Finance)  
119 -
122
14a. Moray Growth Deal-Bus Revolution - Revenue Budget
Request
Report by Depute Chief Executive (Economy, Environment and
Finance)  
123 -
126
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14b. River Spey Flood Mitigation Proposals Update
Report by Depute Chief Executive (Economy, Environment and
Finance)  
127 -
140 
19. Refugee and Resettlement Partnership - [Para 3 and 5]
• Information relating to any particular applicant for, or recipient or
former recipient of, any service provided by the Authority; 
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REPORT TO: MORAY COUNCIL ON 28 SEPTEMBER 2022 
SUBJECT: REVIEW OF COUNCIL’S CONSTITUTIONAL DOCUMENTS –
STANDING ORDERS AND SECOND TIER GOVERNANCE
DOCUMENTS 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To invite the Council to approve changes to Council’s Standing Orders and
Second Tier Governance Documents as detailed in Section 4 of the report. 
1.2 This report is submitted to Council in terms of Section II (15) of the Council's
Administrative Scheme relating to the formulation, review and amendment of
the Administrative Scheme and Standing Orders. 
2. RECOMMENDATION 
2.1 It is recommended that the Council consider and approve: 
i) the proposed changes to the Council’s Standing orders, as set out
in Appendix I; and 
ii) for publication the Councillors’ Role Descriptions document
attached as Appendix 2. 
3. BACKGROUND 
3.1  In terms of Standing Order 85 the Council is required, at least once every 
year, to review the standing orders to determine whether any alteration should 
be considered. 
3.2 As a result of the Covid Pandemic the annual review was delayed, however
some minor changes to the Standing Orders during the past 2 years, including
the recent changes resulting from the change to the positions of Council
Leader and Convener as agreed at the meeting of the Council held on 10
August 2022 (para 7 of the minute refers), require the document to be
redrafted. These changes are detailed at paragraph 4.1 below. 
Item 8a.
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3.3 A further report on the annual review of the Council’s Scheme of
Administration and Scheme of Delegation will be submitted to the meeting of
the Council on 7 December 2022. 
3.4 Changes to the Council’s Second Tier Governance Documents are also
required by newly defined senior Councillor positions. 
3.5 The Second Tier Governance Documents are currently under review as a
legacy of the Council’s Governance Review (part of the Improvement and
Modernisation Programme). Although a wider scoping report for this review is
not ready yet, it makes sense to update and consolidate Councillors’ Role
Descriptions (part of the Second Tier documents) at the same time as the
Standing Orders review. 
4. PROPOSALS 
4.1  Amendments to the Council’s Standing Orders are as detailed in the     
table below and can be seen as tracked on Appendix 1 
SO No Amendment Reason
Title Page Add in new footer to read:
Approved by Moray Council
on (date to be inserted)
Review due: (date to be
inserted)
Responsible Officer: Head
of Governance, Strategy
and Performance
Suggested to reflect modern
practice of indicating date last
amended/updated.
Definitions  New definitions of Leader,
Depute Leader and Civic
Head added with reference
to Councillors Roles and
Responsibilities document.
To reflect decision of Moray
Council taken on 10 August
2022
Various Reword references
throughout to read Leader /
Depute Leader instead of
Convener and Civic Head
instead of Convener 
To reflect decision of Moray
Council taken on 10 August
2022
5(d) Reword to read:
“Elect the Depute Leader of
the Council” 
To reflect decision of Moray
Council taken on 10 August
2022
New 5(e) Insert new 5(e) to read:
“Elect the Civic Leader of
the Council “
To reflect decision of Moray
Council taken on 10 August
2022
5(e) - 5(g) Renumber to 5(f) – f(h) To reflect inclusion of new SO
(e)
9 Reword to change reference
from ‘Proper Officer’ to Chief
Executive/Relevant Depute
Chief Executive
To clarify the officer
responsible
New 10 Include new SO 10 to
include reference to reflect
Introduced during Pandemic
to allow meetings to be
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that meetings may be
conducted remotely
conducted remotely outwith
the Council Chamber
10  Renumber to 11 To reflect inclusion of new SO
10
11 Renumber to 12 To reflect inclusion of new SO
10
12 Renumber to 13 and amend
wording to say “Notice of the
time and place of the
meeting shall be published
by posting details on the
Council’s website” and
clarify that three clear days’
notice required. 
To reflect that notice of
meetings are provided
electronically via CMIS
13 Renumber to 14 To reflect inclusion of new SO
10
13(a) Renumber to 14 (a) and
Include wording ‘either
electronically or’
To reflect the availability of
agenda electronically via
CMIS
14 - 32 Renumber to 15 - 33 
33 Renumber to 34 and
included wording ‘…for the
purposes of budget setting
or…”
Suggested to enable budget
setting to take place
unhindered by the six month
rule (SO 84, alteration of
previous decision) 
35(a)  Word “ordinary” added
before Council/committee
meetings 
Clarification that Notice of
Motions are intended for
“ordinary” meetings, not
special meetings
New 38 Include new SO 38 to read
“Any member wishing to call
in a noting or information
report from one meeting
shall give notice to
Committee Services at least
14 days in advance
following the meeting. The
Notice shall be
countersigned by one other
elected member and shall
explain the reason for call in
including any action sought.” 
As agreed at meeting of
Moray Council dated Jan 21
79 Renumber to 81 and include
additional wording
“References to the
Leader/Depute Leader shall
then become references to
the Chair/Depute Chair
Suggested to clarify and
simplify references relating to
Leader/Chair Depute
Leader/Depute Chair
82 Renumber to 84 and include
wording ‘…for the purposes
of budget setting or…” 
Suggested to enable budget
setting to take place
unhindered by the six month
rule
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37 - 85 Renumber 39 to 87 To reflect additional changes
as outlined above.
Last Page Remove historic
amendments references 
To reflect change to title page 
4.2 Current Councillor role descriptions exist for: 
• Councillor
• Senior Councillors
• Leader of the Council
• Civic Head of the Council 
• Leader of the largest opposition group
• Role of Chairperson 
4.3 It is proposed that these descriptions, are consolidated into a single document
called Councillors’ Roles and Responsibilities attached as Appendix 2. Role
descriptions are set out within the document as follows: 
• All Councillors
• Councillors with additional responsibility: 
o Council Champions
o Chairs of Committees and Boards
o Leader of the Council 
o Depute-Leader of the Council
o Leader of largest non -administration group
o Civic Leader 
4.4 It is proposed that this document is published on the Council’s Committee
Management site, CMIS. 
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
Provision of Standing Orders ensures that the Council’s affairs are
administered in accordance with the law, propriety and proper standards. 
(c) Financial implications
None. 
(d) Risk Implications
Updated constitutional documents help to promote good governance and
reduce the chance of a successful challenge to Council decisions. 
(e) Staffing Implications
The proposed amendments can be accommodated within existing staff
resources. 
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(f) Property
None. 
(g) Equalities/Socio Economic Impact
There are no direct impacts as the Council’s constitutional documents
regulate the Council’s internal procedures only. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
The review of the Standing Orders reflects previous committee
decisions. Consultation on the Councillors’ Roles and Responsibilities
document has been undertaken with group leaders and the Corporate
Management Team.   
6. CONCLUSION 
6.1 The annual review of the Council’s constitutional documents has
resulted in a number of improvements being identified and the Standing
Orders, have been redrafted accordingly.  The Council is asked to
approve the amendments. 
6.2 The Council is also asked to approve a revised “Councillors’ Role
Descriptions” document following changes to senior councillor
positions. 
Author of Report: Head of Governance, Strategy and Performance and
Democratic Services Manager 
Background Papers: 
Ref: 
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Approved by Moray Council on 
Review due: 
Responsible Officer: Head of Governance, Strategy and Performance 
Formatted: Left
MORAY COUNCIL 
CONSTITUTIONAL DOCUMENTS 
1. STANDING ORDERS
for the regulation of Council meetings
[Under schedule 7 para 8 of the Local Government (Scotland) Act 1973] 
Item 8a.
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2 
STANDING ORDERS OF MORAY COUNCIL 
REGULATION OF MEETINGS 
CONTENTS 
ORDER
NUMBER 
PAGE
1 APPLICATION OF INTERPRETATION ACT 3
2 COMMENCEMENT 3
3 DEFINITIONS 3
4 - 5 FIRST MEETINGS OF THE COUNCIL AFTER ELECTIONS 4
6 - 8 CHAIR 4
9 - 14 CALLING MEETINGS 5
15 - 20 QUORUM 6
21 - 22 DECLARATION OF GROUP DECISIONS 6
23 - 24 DECLARATION OF FINANCIAL AND OTHER INTERESTS 7
25 - 28 ADJOURNMENT OF MEETING 7
29 - 31 ORDER OF BUSINESS 7
33 - 34 APPROVAL OF MINUTES 8
35 NOTICES OF MOTION 8
36 - 37 WRITTEN QUESTIONS 9
38 INFORMATION REPORTS – CALL IN 9
39 - 40  PETITIONS 10
41 - 42 QUESTION TIME 10
43 - 52 MOTIONS AND AMENDMENTS 10
53 - 57 ORDER OF DEBATE 11
58 - 61 POINTS OF ORDER 12
62- 64 CLOSURE OF DEBATE 12
65 - 66 VOTING PROCEDURES 12
67 - 69 DISSENT 14
70 - 73 ADMISSION OF PRESS AND PUBLIC 14
74 - 78 COMMITTEES 15
79 OBSTRUCTIVE AND OFFENSIVE CONDUCT 16
79 COUNCILLORS CODE OF CONDUCT 16
8 APPLICATION OF STANDING ORDERS TO COMMITTEES 16
82 QUESTIONS OF PROCEDURE 16
83 SUPPLY OR DISPOSAL OF GOODS AND EXECUTION OF
WORK CONTRACTS
17
84 ALTERATION OF RESCISSION OF PREVIOUS RESOLUTION 17
85 - 87 SUSPENSION, ALTERATION AND REVIEW OF STANDING
ORDERS ETC
17 
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3 
MORAY COUNCIL
STANDING ORDERS 
For the Regulation of the Business of The Moray Council, made in terms of Paragraph 8 of
Schedule 7 to the Local Government (Scotland) Act 1973 (hereinafter referred to as “the
Act”). 
APPLICATION OF INTERPRETATION ACT 
1. The Interpretation Act 1978 applies to the interpretation of these Standing Orders
as it applies to the interpretation of an Act of Parliament. 
COMMENCEMENT 
2. These Standing Orders shall apply and have effect from 12 April 2000. 
DEFINITIONS 
3. In these Standing Orders, the following words and expressions shall have the
meanings hereinafter respectively assigned to them, that is to say - 
“the 1973 Act" means the Local Government (Scotland) Act 1973 
"the 1989 Act" means the Local Government and Housing Act 1989 
"the 1994 Act" means the Local Government etc (Scotland) Act 1994 
“Leader”  shall be the role described in section 4(1) of the 1994 Act, being the first
role which requires to be filled by the Council following an election. The role is
further described in the complementary Council governance document “Councillors’
Roles and Responsibilities”. 
“Depute Leader” shall be the role described in section 4(2) of the 1994 Act, The role
is further described in the complementary Council governance document
“Councillors’ Roles and Responsibilities”. 
“Civic Leader” shall be the civic and ceremonial role described in the
complementary Council governance document “Councillors’ Roles and
Responsibilities” 
"Council" means The Moray Council incorporated under the 1994 Act 
"Councillor" means a Member of the Council duly elected at an election or by-
election or duly elected to fill a Council vacancy and who has made a declaration of
acceptance of office in terms of section 33A of the 1973 Act 
"Proper Officer" means such persons designated as such and for the purpose
specified by the Council 
"Member" means in relation to the Council, a councillor and in relation to any
Committee or Sub-Committee a person appointed as a member of that Committee
or Sub-Committee whether or not entitled to vote 
"Head of Paid Service" means the person designated as such by the Council under
Section 4 of the 1989 Act
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Deleted: when used in the context of the standing
Committees of the Council means the relevant Committee
Chair but otherwise means the Council’s civic headLeader
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4 
"Monitoring Officer" means the person designated as such by the Council under
Section 5 of the 1989 Act or, if that person is unable to act owing to absence or
illness, the person nominated by him or her as his or her deputy under sub-section
(7) of that Section 
"Chief Financial Officer" means the person designated by the Council for the
purpose of Section 95 of the 1973 Act 
"Chief Officer" means a statutory or non-statutory Chief Officer, as defined in
Section 2 of the 1989 Act 
"point of order" means any objections submitted to the Leader for decision relating
to the conduct of the meeting ie an alleged breach of a Standing Order. 
"Councillors Code of Conduct" means the Councillors’ Code of Conduct made by
Scottish Ministers under the Ethical Standards Public Life (Scotland) Act 2000. 
ARRANGEMENTS FOR MEETINGS OF THE COUNCIL 
FIRST MEETINGS OF THE COUNCIL AFTER ELECTIONS 
4. The first meeting of the Council after any ordinary election of Councillors shall be
held within 21 days from the date of the election. 
5. At the first meeting of the Council after the election, the Council shall deal with the
business in the following order:- 
(a) Note election of councillors. 
(b) Take the sederunt, noting which councillors have executed the declaration of
acceptance of office. 
(c) Elect the Leader of the Council. 
(d) Elect the Depute Leader of the Council. 
(e) Elect the Civic Leader of the Council 
(f) Appoint the Chairs and Members of Committees. 
(g) Appoint Members of the Moray Licensing Board. 
(h) Other statutory or competent business. 
CHAIR 
6. (a) At meetings of the Council, the Leader or, in their absence, the Depute Leader
shall preside.  If the Leader and Depute Leader are both absent from a
meeting, the most senior Officer in attendance shall call on the Members of the
Council to choose a Member to preside. 
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ConvenerLeader shall deputise for the Leader each other)
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(b) The Leader of the Council, upon being elected, shall - subject to the provisions
of Paragraph 7 of Schedule 2 to the 1994 Act - hold office until the next
ordinary election or until ceasing to be a councillor, whichever is the earlier. 
(c) Notwithstanding the foregoing provisions, the Council may specify a shorter
period for the term of office of Leader, at the time of that election. 
7. Notwithstanding the provisions of the foregoing Standing Order, the Council may
effect the early removal from office of the Leader providing:- 
(a) prior notice to that effect is given at one meeting of the Council on the basis
that the matter would be considered at the next meeting of the Council, or 
(b) where no such prior notice is given, not less than two-thirds of councillors
present and entitled to vote at a meeting agree that the early removal from
office of the Leader be considered at that meeting. 
8. The provision of Standing Order 7 relating to the early removal from office of the
person elected as Leader shall apply in like manner to the post of Depute Leader. 
CALLING MEETINGS 
9. Meetings of the Council shall be held on the days at the times and in the places
fixed by the Council or at such place and time as may be otherwise specified by the
Leader in consultation with the Chief Executive/relevant Deptue Chief Executive. 
10. Meetings may held by online participation, or a combination of physical presence
and online participation,  in accordance with policy agreed by the Council and
relevant legislation. 
11. Notice of the place and time of a meeting of the Council should, where possible, be
given by the Proper Officer not later than the seventh day before the meeting by
being left at or sent by post to the usual place of residence of every Member of the
Council or such other arrangements as may be agreed from time to time between
the Member and the Proper Officer providing that where it appears to the Leader
that an item of business demands special urgency a meeting of the Council may be
called by the Proper Officer at shorter notice, but in any event by intimation to the
Members as soon as possible prior to the date for the meeting. 
12. A special meeting of the Council shall be called by the Proper Officer (a) at any time
on being required so to do by the Leader or (b) on receiving a requisition in writing
for that purpose specifying the business proposed to be transacted at the meeting
signed by at least seven of the whole number of Members of the Council, which
meeting shall be held within fourteen days of receipt of the requisition by the Proper
Officer. 
13. Notice of the time and place of the meeting shall be published by posting details on
the Council’s  website at least three clear days (excluding Saturdays and Sundays)
before the meeting or, if the meeting is convened at shorter notice, then at the time
it is convened. 
14. An item of business may not be considered at a meeting of the Council unless
either:- 
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Deleted: Convener
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Deleted: , as well as being conducted at such places and
times specified in terms of Standing Order No. 9, be
conducted in any other way in which each member is
enabled to participate although not present at the place
where the meeting is being held but only on the direction of
the ConvenerLeader, whom failing, the Depute Leader.
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Deleted: given
Deleted: it at the principal office of the Council, and by
electronic means
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(a) a copy of the agenda including the item (or copy of the item subject to
exclusion as provided for in terms of Section 50B (2) of the 1973 Act) is open
to inspection by members of the public either electronically or at the offices of
the Council for at least three clear days before the meeting excluding
Saturdays and Sundays or, where the meeting is convened at shorter notice,
from the time the meeting is convened, or 
(b) by reason of special circumstances, which shall be specified in the minutes,
the Leader is of the opinion that the item should be considered at the meeting
as a matter of urgency. 
QUORUM 
15. Subject to Standing Order 16, no business shall be transacted at a meeting of the
Council unless at least one quarter of the whole number of Members of the Council
(being twenty-six) are present. 
16. Where there are at the same time vacancies in respect of more than two Members
of the Council, then until the number of Members in office is increased to twenty six
Members of the Council, the quorum of the Council shall be determined by
reference to the number of Members of the Council, instead of by reference to the
whole number of Members of the Council so however that the quorum shall never
be less than five Members. 
17. Subject to the provisions of the 1973 Act, no item of business shall be transacted at
a meeting of the Council if, in consequence of the provisions of Section 38 of that
Act (disability of Members for voting on account of interest in contracts etc), less
than a quorum of the Council are entitled to vote on that item. 
18. If within ten minutes after the time appointed for a meeting of the Council a quorum
be not present the Leader shall adjourn the meeting to a time he or she may then or
afterwards fix and, in the event of the Leader being among those absent, the
Committee Clerk shall minute that owing to the lack of the necessary quorum no
business was transacted. 
19. If, during any meeting of the Council, a quorum is not present, the Leader shall
direct that the meeting be adjourned for 10 minutes and if, after a lapse of 10
minutes, the Leader shall find that there is not a quorum present, the meeting shall
thereupon terminate; but if, before or upon the lapse of the said 10 minutes, a
quorum is present, the Leader shall direct that the business of the meeting be
forthwith resumed.   
20. For the avoidance of doubt, no business shall be transacted at a meeting of a
Committee or of a Sub-Committee unless at least one-fourth of the whole number of
Members or three Members (whichever is the greater) of the Committee or of the
Sub-Committee (as the case may be) are present. 
DECLARATION OF GROUP DECISIONS 
21. Any individual or political group shall declare at the beginning of a meeting whether
a 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
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7 
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. 
22. The Leader shall seek such declarations from individuals, group leaders or
spokespersons at the beginning of the meeting immediately following the sederunt
(roll call). 
DECLARATION OF FINANCIAL AND OTHER INTERESTS 
23. A Member who is present at the meeting where any item of business in which he or
she has any financial or other interest (such as described in the Councillors’ Code
of Conduct) is to be dealt with, shall disclose their interest as soon as possible after
the start of the meeting. 
24. The Leader shall seek such declarations at the beginning of the meeting
immediately following the sederunt (roll call). 
ADJOURNMENT OF MEETING 
25. The Leader shall be entitled, in the event of disorder arising at any meeting of the
Council, to adjourn the meeting to a time he/she may then or afterwards fix. 
26. The Council may, at any of their meetings as a Council, adjourn the same to such
time as the Leader may then or afterwards fix. 
27. A motion for the adjournment of the meeting may be made at any time (not being in
the course of a speech) and shall have precedence over all other motions.  It shall
be moved and seconded without speeches or discussions and shall be put at once
to the meeting by the Leader.   
28. When an adjourned meeting is resumed, proceedings shall (subject to the
discretion given to the Leader under Standing Order No. 26) be commenced at the
point at which they were broken off at the adjournment. 
ORDER OF BUSINESS 
29. The business an ordinary meeting of the Council shall proceed in the order
specified in the notice calling the meeting except that any item of business may, at
the discretion of the Leader, be taken out of its order and provided that the Council
may adjourn a meeting of the Council to any other day, hour and place.  The order
in the notice shall, unless circumstances otherwise require, be as follows:- 
(a) Chair to be taken 
(b) Sederunt 
(c) Declaration of Group Decisions and Declarations of Interests 
(d) Business brought forward by the Leader as a matter of urgency
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8 
(e) Minute(s) of the previous meeting(s) including Sub-Committee 
(f) Written Questions 
(g) Petitions 
(h) Notices of Motion 
(i) Information Reports – Call In 
(j) Statutory or other competent business 
(k) Questions on Minutes 
(l) Question Time 
30. The business at special meetings shall take place in the same order, except that
notice of urgent business, minutes, written questions, petitions, Notices of Motion
and Question Time shall not be included 
31. No matter in the notice calling the meeting of a Committee competently before the
Council shall be withdrawn by the Leader except where agreement has been
reached between the Leader and the relevant Chief Officer. 
APPROVAL OF MINUTES 
32. At each ordinary meeting of the Council, the Minutes of the previous ordinary
meeting, and any intervening special meeting (where practicable), shall be circulated
as an agenda item for approval.  No motion or discussion shall be allowed on these
Minutes, except as to their accuracy as a record of the meeting to which they relate. 
Any objection on this ground must be made by motion and, if necessary, the matter
shall be decided by vote in the ordinary manner, provided that for this matter voting
shall be restricted to those Members who were present at the meeting to which the
Minute relates.  After the Minutes are approved, with or without amendment, they
shall be signed by the Leader. 
33. The procedure in Standing Order 30 above shall apply to Committees and Sub-
Committees of the Council with the Chair signing the minute. These signed minutes
will then be made available for inspection by all Councillors. 
34. A  minuted decision of the Council shall not be altered or revoked within six months
of its approval, except for the purposes of budget setting or by suspension of Standing
Orders under Standing Order 82 below. 
NOTICES OF MOTION 
35. (a) The purpose of a Notice of Motion is to give any  Member  the  opportunity to
raise an item of strategic relevance at an ordinary  Council/Committee meeting.
If a Member does not sit on a Committee, they shall be allowed to attend the
committee to introduce their motion but shall not be allowed to take part in any
voting. 
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(b) Every Notice of Motion shall be in writing.  It shall be signed by the Member of
the Council giving the Notice and counter-signed by at least one other Member
who is a member of the relevant committee.  A Notice of Motion shall meet the
competency requirements contained in Standing Order 46. Where a motion
would have significant financial impact, this should be specified along with the
budget from which any financial commitment may be met. 
(c) A Notice of Motion must be received by the Proper Officer by 4 pm on the date
14 days before the relevant meeting. 
(d) The foregoing provision shall not apply in a case where the Leader decides, in
terms of Section 50B (4) (b) of the 1973 Act, that the matter is one of urgency. 
(e) If a Notice of Motion is not moved by it’s author (or some other Member with
their written authority) and seconded , it shall be considered as dropped from
the agenda of the committee. 
(f) When a Notice of Motion has been considered by the Council it shall not be
competent for any Member to propose a similar motion within a period of six
months. 
WRITTEN QUESTIONS 
36. Any Member can put one question about relevant and competent business not
already on the Agenda to the Leader.  No Member can put more than one question
at any meeting.  The Member must give notice in writing of their question to the
appropriate Officer by 12 noon two working days prior to the day of the meeting.  A
copy of any written answer provided by the Leader or Chair will be tabled one hour
before the start of the relevant 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. 
37. 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 permission of
the Leader.  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. 
INFORMATION REPORTS – CALL IN 
38. Any member wishing to call in a noting or information report from one meeting shall
give written notice to Committee Services at least 14 days in advance of the next
meeting. The Notice shall be countersigned by one other elected member and shall
explain the reason for call in including any action sought. 
PETITIONS 
39. A Petition received relevant to the remit of a particular Committee may be included
on the agenda of business for that Committee meeting if:- 
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(a) It has been agreed as a valid petition for that Committee in discussion with the
Leader; and 
(b) It has been received no less than 3 weeks in advance of the meeting. 
40. Petitions admitted in terms of Standing Order 37 shall be considered in accordance
with the relevant internal procedural guidance. In the event of a conflict between
that procedure and Standing Orders, the Standing Orders shall take precedence. 
QUESTION TIME 
41. At each ordinary meeting of the Council and its standing Committees (including
Sub-Committees), 10 minutes will be allowed for question time when any Member
of the Committee can put a question to the Chair of that Committee/Sub-Committee
on any business within the Council/Committee's remit. Provision for this question
time will be included in the agenda for the meeting. A Member who has put a
question may, after the answer has been given, ask one supplementary question
directly related to the subject matter, but no debate will be allowed. Questions on
minutes must not be taken as an opportunity to re-open debate. 
42. No supplementary questions can be put or answered more than 10 minutes after
the Council has started on this agenda item, except with the permission of the
Leader. 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. 
MOTION AND AMENDMENTS 
43. Every motion or amendment on any question shall be moved and seconded and
shall, if the Leader so requires, be noted by the Committee Clerk in writing and read
to the meeting before the motion or amendment is further discussed 
44. All amendments must be relative to the motion and no Member shall be at liberty to
move or second (a) more than one amendment to any motion or (b) an amendment
if he/she has moved or seconded the motion.  If an amendment is withdrawn, the
mover and seconder thereof shall be at liberty to move or second another
amendment or to speak in support of such amendment. 
45. No motion to which an amendment has been moved and seconded shall be altered
in substance or withdrawn without the leave of the mover and/or seconder. 
46. After an amendment has been moved and seconded, it shall not be withdrawn or
altered in substance without the leave of the mover and/or seconder. 
47. Subject to Standing Orders 42 and 43 above, a motion or amendment may be
withdrawn at any time prior to it being put to a vote. 
48. A motion for the approval of a Minute of meeting of a Committee, or of any part of
such Minute, shall be considered as the motion and any form of proposal, including
a proposal to proceed to next business, which implies mere negation or otherwise if
moved, shall be dealt with as an amendment thereto. 
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49. If a motion or amendment is, in the opinion of the Leader, irrelevant or incompetent,
he shall rule the same out of order.  When determining questions of relevance and
competence the Leader shall consider the following questions: 
(a) Is the motion at the correct committee, in terms of the Council’s Scheme of
Administration?
(b) Are there any prodecural or legal barriers?
(c) After discussion with Members, do they have sufficient information before
them to come to a reasoned and balanced decision? 
50. The Chair shall, if present, have the right to move the approval by the Council of the
Minute of any meeting of that Committee or of any part of such Minute.  
51. The Leader shall have the right to move the approval of a report.  Approval of a
report shall be considered as a motion. 
52. Motions and amendments which are not seconded shall be recorded. 
DEBATE PROCEDURES 
ORDER OF DEBATE 
53. Every Member of the Council who is called to speak shall address the Leader and
shall direct his/her speech (a) to the matter before the meeting by proposing,
seconding or supporting the motion or any amendment relative thereto or (b) to a
point of order or information.   
54. On any debate on issues of particular local interest (excepting debate on a Notice of
Motion), local Members indicating a wish to speak (by giving advance notice to the
Leader or Committee Clerk), shall be called to speak first by the Leader. 
55. Subject to the right of reply vested in the mover of a motion or an amendment, no
Member shall speak more than once to the same question at any meeting of the
Council except with the permission of the Leader, or on a point of order or, in
explanation or to clear up a misunderstanding in regard to some material part of
their speech, in which case no new matter shall be introduced. 
56. The mover of the motion or an amendment shall have a right of reply but shall
introduce no new matter and, after the reply is commenced no other Member shall
speak on the question except as provided in Standing Order 53. 
57. In moving the motion (other than a motion to adopt the Annual Accounts or Annual
Estimates) or an amendment, a Member shall not speak for more than 5 minutes
and every other speaker, and the mover of the motion in reply, shall not speak for
more than 3 minutes. The foregoing limits of time may be exceeded with the
permission of the Leader. 
POINTS OF ORDER 
58. Any Member of the Council may at any time at any meeting of the Council speak
upon a point of order suddenly arising as soon as possible and must refer to the
particular Standing Order which, in their opinion, is being infringed.
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59. The Member who is then addressing the Council shall cease and the Member who
is speaking on the point of order shall address the point of order at issue stating the
basis on which they believe the order has been infringed without making any further
substantive point and thereafter shall cease in order to allow a ruling to be given by
the Leader.  No other Member shall be entitled to speak to the point of order raised
except by permission of the Leader. 
60. The Leader shall thereupon decide the question and, thereafter, the Member who
was addressing the Council at the time the point of order was raised shall be
entitled (if the ruling permits him/her so to do) to continue their speech, giving effect
to the ruling of the Leader. 
61. The decision of the Leader shall be final on all points of order. 
CLOSURE OF DEBATE 
62. At any meeting of the Council it shall be competent for any Member of the Council
who has not spoken on a matter being discussed to move (but without making a
speech), after not fewer than seven Members (excluding the movers and seconders
of the original motion and of any amendments) shall have spoken on such matter,
"That the question be now put". 
63. On such motion being seconded, the Leader shall put the same to the meeting
without speeches or discussion, and the vote shall be taken.  If the motion for
closure of debate be carried, the mover of the original motion shall have the right of
reply and thereafter the matter under discussion shall be voted on in the ordinary
way; if the motion for closure is not carried, the debate shall be resumed. 
64. Such a motion may be competently moved a second time after not fewer than five
additional Members have spoken and so on after every five additional Members
have spoken. 
VOTING PROCEDURES 
65. Except in the case of filling a vacancy or vacancies and of making appointments,
the following provisions shall apply as to voting:- 
(a) A vote shall normally be taken by electronic count which shall record as to
which motion and amendment each Member voted for, as to which Members
abstained and as to which Members were absent and a notation as to which
shall be recorded in the appropriate Minute of the Meeting.   It shall however
be competent to take the vote by roll call, show of hands, by ballot or in any
other manner as may be agreed upon. 
(b) When there is only one amendment to the motion, the vote shall be taken
between the motion and the amendment and whichever is carried shall
become the finding of the meeting and the Council shall be deemed to have
resolved accordingly. 
(c) When there are more amendments to the motion than one, then, unless the
Leader otherwise decides in order to avoid inconsistency in voting, the last
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amendment shall be put against that immediately preceding and then the
amendment which is carried shall be put against the next preceding and so on
until there remains only one amendment, between which and the motion the
Council shall divide and whichever is carried shall become the finding of the
meeting and the Council shall be deemed to have resolved accordingly. 
(d) If however, one of a number of amendments is any form of proposal which
implies mere negation, the first division shall be taken between it and the
motion.   If the amendment is carried, the Council shall proceed to the next
business. If the amendment is not carried, it shall be eliminated from the
amendments which, with the motion, shall be voted on in the usual way. The
view of the Leader on the order of voting shall be final. 
(e) Where there is an equality of votes, the Leader shall have a casting vote. 
66. In the case of filling a vacancy or vacancies and of making appointments, the
following provisions shall apply as to voting which shall be by secret ballot where it
relates to a staff appointment. 
(a) Where only one vacancy requires to be filled and two candidates are proposed
and seconded for appointment, a vote shall be taken as between these
candidates and the candidate who receives the majority of votes shall be
declared duly appointed. Where in such a case as aforesaid more than two
candidates are proposed and seconded for appointment, a vote shall first be
taken as among all these candidates, each Member being entitled to vote for
one candidate only. If, as a result of this vote, any candidate receives an
absolute majority of the votes of the Members of the Council present and
voting, such candidate shall be declared duly appointed. If no candidate
received such a majority, the name of the candidate receiving the smallest
number of votes shall be struck out, provided that, if two or more candidates tie
as receiving the smallest number of votes, a vote or votes shall be taken as
between or among these candidates and the candidate who receives the
smaller or smallest number of votes shall be dropped. In subsequent votes, the
same course shall be followed until one of the candidates receives an absolute
majority of votes, when he/she shall be declared duly appointed or until the
candidates are reduced to two, when a final vote shall be taken and the
candidate receiving the majority of votes shall be declared duly appointed. 
(b) In the case where more than one vacancy requires to be filled, a vote shall first
be taken as among all the candidates proposed and seconded for appointment
where these exceed the number of vacancies, each Member being entitled to
vote for candidates up to the number of vacancies to be filled.  The result shall
be decided by the first vote except in the case where two or more candidates
tie as having received an equal number of votes for the vacancy or vacancies.
In such cases an additional vote or votes shall be taken as between or
amongst these candidates with the candidate having least votes being
eliminated and so on until the number of candidates remaining is equal to the
number of vacancies. 
(c) Where in any vote between two candidates or, after such additional vote as
may be required by (a) and (b) above, there is an equality of votes, the
Leader/Chair of the meeting shall have a casting vote, except where the matter
which is subject of the vote relates to the appointment of a Member of the
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Council to any particular office or Committee, in which case the decision shall
be by lot. 
(d) In the case of a vote relating to the appointment of a Chief Officer the minute
shall record - 
(i) the names of those candidates proposed and seconded for appointment
but not the names of proposers or seconders, and 
(ii) the name of the candidate who received the votes of a majority of those
present and voting but not the names or numbers of those voting for
each candidate. 
DISSENT 
67. Any Member of the Council who at any meeting of the Council has taken part in a
vote or has proposed a competent motion or amendment which has not been
seconded may at such meeting enter his/her 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.  A Member entering his/her dissent in accordance with this provision may,
within fourteen days of such meeting, lodge with the Chief Executive a statement
containing his/her reasons of dissent. 
68. No Member shall be entitled to enter his/her dissent from a resolution of the Council
except at the meeting at which such resolution is adopted. 
69. Except as herein provided, no reservation or qualification by any Member with
respect to a particular resolution shall be recorded in the minutes of meetings of the
Council. 
ADMISSION OF PRESS AND PUBLIC 
70. By virtue of the provisions of Section 50A of the Local Government (Scotland) Act
1973 meetings of the Council and its Committees and Sub-Committees shall be
open to the public except to the extent (a) that the public shall be excluded under
Section 50A(2) of the 1973 Act during consideration of an item of business
whenever it is likely that, if they were present, confidential information, as defined in
Section 50A(3) of the 1973 Act, would be disclosed to them, or (b) that the public
may be excluded by resolution under Section 50A(4) of the 1973 Act during
consideration of an item of business whenever it is likely that, if Members of the
public were present, exempt information, as defined in Section 50A of the 1973 Act,
would be disclosed to them.  On a motion for adoption of such a resolution being
duly moved and seconded, the Leader shall put the same to the meeting without
speeches or discussion and, on such a motion being carried, all Members of the
public present (including representatives of the press but not including Members of
the Council) shall be directed to leave the meeting. 
71. Members of the Council remaining in attendance at meetings of Committees or
Sub-Committees of which they are not a Member with the consent of the Leader in
terms of this provision are required to comply with the provisions of Standing Order
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22 in relation to disclosure of interest and the provisions of Standing Order 70 as if
they were Members of that Committee or Sub-Committee. 
72. Notwithstanding the exclusion of the public as aforesaid, the Leader may permit any
person to remain in attendance at any meeting for so long as they consider
necessary and on the basis that such persons respect the confidentiality of the
proceedings. 
73. (a) Information as to the proceedings at any meeting from which the public and
press are excluded shall not be given to representatives of the press or to
any other person except by the Leader, or by a person authorised by the
Leader to do so. 
(b) Upon information being given in terms of Standing Order 70 (a) other
Members of the Council shall be entitled to speak on the matter but only to
the extent that information has been provided by the Leader or person so
authorised. 
(c) For the avoidance of doubt Members providing information beyond that
provided by the Leader or person so authorised will be in breach of Standing
Order 70 (a) and liable to action on the part of the Council including action in
terms of the Councillors’ Code of Conduct. 
COMMITTEES 
74. The Leader and Leader of the Council, in addition to membership of Committees,
Sub-Committees and Ad hoc Committees allocated to them as ordinary Members of
the Council shall, ex officio be Members of other Committees and Sub-Committees
of the Council but such additional membership shall not confer the right to vote. 
Other Members of the Council may be present at Committees and Sub-Committees
of which they are not Members with the agreement of the Chair and may be called
upon by the Chair to speak, but shall not be entitled to pose questions, enter the
debate or vote. This discretion to permit attendance shall apply to quasi-judicial
Committees and Sub-Committees only where a Protocol is in place which ensures
compliance with Human Rights legislation. 
75. Members of any Appointments Committee, Sub-Committee, Adhoc Committee may,
if unable to attend such meetings be represented by a substitute with full voting
rights from Members of the Council, provided the name of that substitute has been
intimated to  Legal and Democratic Services not later than the last working day
before the appropriate meeting. 
76. Any proposed permanent alteration to the membership of Committees should be
intimated in writing to Legal and Democratic Services not later than the seventh
working day before a scheduled meeting of the Council and shall thereafter be
considered by the Council. 
77. All Committee Meetings held on mornings will start at 9.30 a.m. and shall adjourn at
12.45 p.m. for lunch and those held on afternoons will start at 2.00 p.m. and shall
adjourn not later than 5.00 p.m. 
78. Matters referred to or delegated to Committees shall be as set out in the
Administrative Scheme as approved by the Council and deemed to form part of
these Standing Orders. Authority conferred upon Officers of the Council in terms of
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the Scheme of Delegation approved by the Council shall likewise be deemed to
form part of these Standing Orders. 
OBSTRUCTIVE AND OFFENSIVE CONDUCT 
79. In the event of any Member at any Council meeting disregarding the authority of the
Leader, or being guilty of obstructive or offensive conduct, a motion may be
thereupon moved and seconded to suspend such a Member for the remainder of
the sitting.  The motion shall be put without discussion and, if it be carried, the
Member concerned shall forthwith leave the Council chamber or meeting place and
the Council Officers shall act on such orders as may be received from the Leader in
pursuance of such resolution. 
COUNCILLORS’ CODE OF CONDUCT 
80. Members of the Council, Members of Committees of the Council and all Officers of
the Council are required to comply with the terms of the Councillors’ Code of
Conduct and the Financial Regulations. 
APPLICATION OF STANDING ORDERS OF THE COUNCIL TO COMMITTEES 
81. The provisions of the Standing Orders of the Council, except as otherwise 
provided, shall, so far as applicable and not inconsistent with any Standing Orders
expressly applicable to Committees, apply to Committees of the Council and to
Sub-Committees of Committees in like manner as they apply to the Council.
References to the Leader/Depute leader shall then become references to the
Chair/Depute Chair.   
QUESTIONS OF PROCEDURE 
82. The Leader shall at his or her discretion, with or without discussion, determine all
questions of competency and procedure in reference to which no express provision
is made under these Orders. 
SUPPLY OR DISPOSAL OF GOODS AND EXECUTION OF WORK CONTRACTS 
83. With respect to proposed contracts for the execution of works, the provision of
services, or the supply of goods or materials, the following provisions shall apply
relating to securing competition for such contracts and for regulating the manner in
which tenders are invited. 
(a)  The Officer responsible for procurement shall ensure, in consultation with the
Monitoring Officer and the Chief Financial Officer, that all public procurement
legislation shall be complied with; 
(b)  The Officer responsible for procurement shall prepare and submit to the
Council a Procurement Policy, Strategy and Procedure Notes which, once
approved and adopted by the Council, shall be observed by all Members and
Officers of the Council, and shall be deemed to be part of these Standing
Orders. 
(c) The Policy, Strategy and Procedure Notes shall include provisions
governing:-
 tender procedures to be followed
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 financial limits for different procedures
 contract documentation. 
ALTERATION OR RESCISSION OF PREVIOUS RESOLUTION 
84. No resolution of the Council shall be altered or revoked within six months of its
adoption except for the purposes of budget setting or by suspension of Standing
Orders. 
SUSPENSION, ALTERATION AND REVIEW OF STANDING ORDERS ETC. 
85. So far as not inconsistent with any statutory provisions, any one or more of the
Standing Orders may be suspended at any meeting, but so far only as regards the
business at such a meeting, provided that two-thirds of the Members of the Council
present and entitled to vote agree, that there has been a relevant and material
change of circumstances which shall be specified in the motion proposing the
suspension. Where the issue of suspension is being considered relative to an item
of business, the agreement of the Council to a suspension should be confirmed
before the relevant suspension is debated.  This is however subject to the general
power of the Leader to control procedure at the meeting.   
86. No alteration of the Standing Orders shall be made without notice given at one
meeting of the Council to be discussed at the following one, and shall not be
effected except on a resolution, adopted by a majority of the Members present and
voting. 
87. The Council shall, at least once every year, review these Standing Orders to
determine whether any alteration should be considered. 
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Moray Council at their meeting on 23
January 2019 ¶
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SPMAN-1569880747-2904
APPENDIX 2
MORAY COUNCIL
COUNCILLORS’ ROLES AND RESPONSIBILITIES 
The document sets out the different roles which councillors can hold within the
council and the council’s expectations of these roles. It has been created for the
benefit of the public, councillors and officers in the interests of clarity and
transparency. 
Date approved  September 22
Document status For publication
Document owner Head of GSP
Date for review Sept 25 
1 ALL COUNCILLORS
1.1 Legal duties 
1.1.1 All councillors must comply with general legal requirements in carrying
out their duties. They also have specific legal duties to:-  
• sign a declaration of acceptance office  
• at least once in a six-month period, attend a meeting of the
council, a committee, a sub-committee, a joint committee, a joint
board or other formal outside body as a council representative 
• maintain an accurate and up-to-date Register of Interests
available on the Councillors pages of the Committee
Management Information System CMIS  
• familiarise themselves with and comply with the Councillors’
Code of Conduct, having regard to Standards Commission
guidance and advice  
• comply with duties under the UK General Data Protection
Regulation (UK GDPR) and the Data Protection Act 2018  
• comply with regulations concerning remuneration, expenses and
allowances and the council’s Scheme of Elected Members’
Remuneration, Allowances and Reimbursement of Expenses
1.2 Other duties and expectations
Item 8a.
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SPMAN-1569880747-2904 
1.2.1 There are other duties and expectations over and above that legal
minimum. They arise in the following areas. Councillors have to
maintain a complex balance and mix of roles:-  
• as Moray residents and recipients of council services  
• as holders of a public office  
• as ward members, to the ward area and constituents  
• as council members, to the whole council and its constituents  
• as members of a political party or group, expressing political
values and supporting the group to which they belong and its
policies and values  
• as independent councillors, supporting and following their values
and the platform on which they were elected  
• as decision-makers in a regulatory capacity  
• as holders of additional responsibilities and positions within the
council  
• as representatives of the council in partnership working, outside
body appointments and dealing with the public in general
1.3 Values and principles 
1.3.1 In everything they do, councillors are expected to uphold and comply
with the council’s values as set out in our Corporate Plan. Those are:-
Fair  
• tackle inequalities  
• treat people fairly  
• promote equalities and awareness  
• consider our impact on others
Ambitious  
• promote and celebrate Moray
• be a great place to work
• ensure sustainable and efficient council services
• improve life for the most vulnerable  
Improving
• Drive improvement
• Encourage innovation 
• Take commercial opportunities
• Invest in transforming to meet future needs
Responsive
• Be open and transparent
• Promote community participation and involvement
• Listen to and involve our communities 
1.3.2 The Councillors’ Code of Conduct sets out the principles of good
conduct which councillors must follow:-  
• Duty  
• Selflessness  
• Integrity
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SPMAN-1569880747-2904  
• Objectivity  
• Accountability  
• Stewardship  
• Openness  
• Honesty  
• Leadership  
• Respect
1.4 Public office 
1.4.1 As holders of public office Councillors are accountable to the public of
Moray for their decisions. Through their personal conduct and through
their work including contact with the people in the area they represent,
the media and other agencies, councillors are expected to:-  
• uphold and act in accordance with the law  
• fulfil and act in accordance with the public trust placed in them  
• justify their actions to the public  
• maintain the highest standards of conduct  
• promote the core values of the council  
• provide an example to others  
• enhance the reputation of the council and Moray  
• safeguard and enhance the public perception of the council and
its status  
• take a key role in advancing the social, economic and
environmental wellbeing of Moray  
• facilitate and encourage partnership working with other
committees/boards in responding to meeting the needs of Moray
communities  
• avoid any circumstance which could lead to the suspicion or
appearance of improper conduct or which could bring the council
into disrepute  
• carry out their roles and duties in a dignified and respectful
manner 
1.5 Internal rules and procedures 
1.5.1 Councillors are expected to comply with the council’s internal
governance arrangements by:-  
• being familiar with and complying with Standing Orders 
• respecting other councillors, the Chair and rulings by the Chair
at meetings  
• adhering to the protocols approved to guide councillor and officer
relations  
• following the council’s rules regarding the use of council facilities  
• respecting the role and responsibilities of officers  
• complying with corporate policies which apply to them as well as
officers (for example, information security)
1.6 Duties to whole council, and to the ward
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SPMAN-1569880747-2904 
1.6.1 Councillors have responsibilities and duties to the council and council
area as a whole. They are expected to:-  
• participate in the decision making of the council and the
formation of the council’s policies and programmes  
• monitor and scrutinise the effectiveness and efficiency of the
council in the discharge of its functions  
• ensure that the council uses its resources prudently and in
accordance with the law 
• represent, both in council decision-making and in contact with
officers of the council, all of the constituents in the area which
they are elected to represent  
• promote participation and citizen involvement in the decision
making process through recognised means. 
• have regard to the policies and decisions of the council when
representing the interests of their constituents  
• recognise the cultural diversity within the area and encourage
equal opportunities  
• attend training and briefing sessions and progress their own
personal development 
• seek advice where appropriate from colleagues and senior
officers  
• consider issues on their merits, taking account of the views of
others  
• accept responsibility individually and collectively for ensuring that
adequate provisions for the proper conduct of the council’s
business are in place 
1.6.2 Alongside the duties to the council as a whole, councillors have specific
roles and duties in relation to their ward area. They are  expected to:-  
• be accessible to all the people within their ward area 
• represent conscientiously the interests of the people within their
ward to the council and to other public sector committees/boards  
• respect and work constructively with their ward councillor
colleagues  
• have regard to and respect the policies and decisions of the
council when representing the interests of their constituents
without limiting their ability to scrutinise and review the
application and continuing relevance and fitness for purpose of
these policies and decisions. 
• interpret and express the wishes of their constituents to the
council  
• exercise community leadership and involvement, both in their
ward and in Moray as a whole  
•   
• develop local knowledge of local issues and use it to inform
council decisions and policy-making  
• listen and respond to the needs of local people
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SPMAN-1569880747-2904  
• carry out casework on behalf of constituents  
• account for service priorities, the allocation of resources and the
performance of the council to constituents 
1.7 Regulatory and quasi-judicial business 
1.7.1 Councillors may be appointed to make decisions on regulatory or quasi-
judicial business. This means that they are acting like a court of law in
making a decision on an application or determination of individual rights
or an appeal. 
1.7.2 Councillors have duties and responsibilities in these cases which are
higher than normal:-  
• They must be impartial  
• They must be aware of and understand the relevant legal
provisions and take advice where necessary  
• They must be aware of relevant council policies  
• They must make decisions based only on relevant facts and
circumstances which have been brought to their attention as part
of the meeting or hearing  
• They must apply the appropriate legal tests and rules to those
relevant factors  
• They must not take irrelevant factors into account  
• They must ensure that everyone is treated fairly and equally and
is given a fair hearing 
• They must avoid making statements or doing or saying anything
which may give the perception of bias or pre-judgment  
• They must not make decisions according to a pre-determined
political or group line, or lobby colleagues to reach a particular
determination
1.8 External work and relationships 
1.8.1 Councillors may be appointed by the council to external
committees/boards, including arms-length external organisations
(ALEOs). They have particular responsibilities in relation to those
appointments. Those are:-  
• participating in the activities of the outside body  
• providing two-way communication between it and the council  
• developing and maintaining a working knowledge of the council’s
policies and practices in relation to that body and of the
community’s needs and aspirations in respect of that body’s role
and functions  
• contributing to community planning by acting as a representative
of the council, working in partnership with relevant external
committees/boards  
• representing the council and Moray at events at local, national
and international level
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SPMAN-1569880747-2904  
• acting as an effective ambassador for the council and Moray at
all times  
• representing the interests of the people of Moray to the council
to other public sector committees/boards 
1.8.2 The Councillors’ Code of Conduct extends to councillors representing
the council on outside committees/boards. It also requires compliance
with any other Code of Conduct applicable to the outside body itself. 
2 COUNCILLORS WITH ADDITIONAL RESPONSIBILITIES
2.1 Defined 
2.1.1 The Council recognises a number of positions with additional
responsibilities to that of a Councillor. These positions are described in
more detail below and comprise: 
• Council Champions
• Chairs of Committees and Boards
• Leader of the Council 
• Depute-Leader of the Council
• Leader of Largest Non-Administration Group
• Civic Leader
2.2 Additional allowances
2.2.1 Under statutory remuneration regulations every councillor receives a
basic allowance.  A fixed higher allowance is payable for the positions of
Council Leader, Civic Leader and Chairs/Vice-Chairs of Joint Boards. In
addition the remuneration regulations give the council discretion to
approve up to 9 further senior responsibility allowances or SRA’s. 
2.2.2 The posts which attract SRA’s are not fixed and require to be approved
at a council meeting. For transparency the remuneration of councillors is
reported annually to the council.
3 COUNCIL CHAMPIONS
3.1 Defined
3.1.1 The Council may nominate individual councillors as Champions to
promote an aspirational theme, goal or group interest in which that
councillor has a particular interest, knowledge or affinity. 
3.2 Responsibilities
Council Champions are expected to:
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• Encourage best practice, make suggestions and act as a positive
influencers within the Council in relation to the theme, goal or group to
which they have been nominated.
• Maintain links with relevant officers, chairs and external groups /bodies
as appropriate in relation to their particular  role 
• Participate in appropriate publicity relevant to their particular role. 
4 CHAIRS OF COMMITTEES AND BOARDS
4.1 Defined 
4.1.1 The council delegates functions to committees and sub-committees to
make recommendations and to take decisions in relation to the delivery
of services and the discharge of the council’s functions. These
committees require an individual councillor to chair their meetings. 
Chairs are appointed by full council.   
4.1.2 Chairs (who may have multiple roles) will generally be classed as Senior
Councillors and receive a higher level of remuneration than ordinary
councillors. 
4.1.3 The role of Chairs goes beyond that of ordinary councillors. Chairs are
expected to provide a focus for councillors in relation to the services
within the remit of the committees/boards they chair and to enhance the
reputation of the council and Moray.
4.2 Additional responsibilities 
4.2.1 Chairs are expected to:  
• promote corporate responsibility for the policies and decisions of
their committees/boards and ensure clear political direction and
guidance in the best interests of the whole of Moray.
• ensure that the Leader of the Council is briefed as appropriate
on significant issues within their committee remit  
• work with the appropriate officers in respect of the services within
the remits of the committees/boards they chair  
• foster and develop effective and constructive working
relationships with other members of the council and officers, and
with relevant outside bodies  
• liaise closely and effectively with senior officers in relation to the
business of their committees/boards  
• chair meetings and ensure the proper conduct of meetings
including keeping order; ensuring that members have a fair
hearing; that reasonable steps are taken to enable effective
participation by members, officers and members of the public
participating by being present physically or by remote-access;
regulating participation by officers and the public; ruling on all
matters of procedure, competency and relevancy; and ensuring
the business on the agenda is concluded efficiently and
effectively within the terms of the council’s Standing Orders.
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SPMAN-1569880747-2904  
• promote compliance with the council’s Constitutional Documents
corporate policies and objectives and the council’s
committees/boards as they affect their committees/boards’ remit  
• communicate and link effectively with other committees and
working groups and with individual elected members, other
committees/boards and community groups  
• promote the core values of the council in the work of their
committees/boards  
• act at all times in a manner to enhance the reputation of the
council in terms of fair representation, open government and
accountability and as a representative of both the council and the
community  
• maintain the highest standards of integrity and behaviour
personally and act as an example to others
• assist in identifying and raising awareness of  relevant training
for  members of their committees/boards
4.3 Vice-Chairs and Acting Chairs 
4.3.1 These responsibilities apply to the Depute-Chairs when acting in the
role of Chair. 
4.3.2 These responsibilities apply to any councillor appointed in an acting
capacity under the council’s Family Leave Scheme for Elected
Members or where they are covering an extended absence.
5 COUNCIL LEADER
5.1 Defined 
5.1.1 The Leader of the Council is a councillor elected by the other members
of the council to be the political figurehead and leader of the council and
its councillors and is the title given by the council to the councillor
performing the role of “Convener” and elected under section 4 of the
Local Government etc. (Scotland) Act 1994.  The statutory requirement
of this role is to chair full council 
The Leader of the Council is usually the head of the political party or
group which forms the administration group on the council. The role will
carry overall political responsibility for all council service areas as well
as any specific area defined in the Scheme of Administration. The role
carries a higher level of remuneration (prescribed by regulation) which
is distinct from Senior Councillor payments. 
5.1.2 The Leader of the Council is expected to enhance the reputation of the
council in terms of fair representation, open government and
accountability and to maintain the highest standards of integrity and
behaviour. 
5.1.3 As leader of their political group, they have particular responsibility to
represent and communicate the views of their group as part of the
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formal decision making processes of the council and its committees and
through informal working groups and forums. They are to provide
leadership of their group and act as its main spokesperson to ensure
clear political direction and guidance is given on behalf of the political
administration.
5.2 Additional responsibilities   
5.2.1 In addition to meeting the expectations of a council Chair and an
ordinary Councillor the Leader of the Council is expected to:-   
• chair meetings of full council and ensure the proper conduct of
meetings including keeping order; ensuring that members have
a fair hearing; that reasonable steps are taken to enable effective
participation by members, officers and members of the public
participating by being present physically or by remote-access;
regulating participation by officers and the public; ruling on all
matters of procedure, competency and relevancy; and ensure
the business on the agenda is concluded efficiently and
effectively in terms of Standing Orders.
• lead the political administration of the council  
• ensure clear political direction and guidance in the best interests
of the whole of Moray.  
• carry overall political responsibility to promote  the vision,
policies, strategies and decisions of the council as a whole  
• promote  public confidence in the activities of the council as a
whole  
• have particular responsibility with regard to community
leadership 
• exercise sound and fair political leadership  
• be responsible for developing and overseeing effective political
relationships with partner organisations  
• act as the council’s main political spokesperson to communicate
and promote the policies, strategies, decisions and the
achievements of the council within agreed communications
strategies.  
• provide feedback to the Chief Executive where requested in the
following areas: organisational and management processes of
the council, decisions to be taken under delegated powers,
budget priorities, service planning and performance  and pre
committee formulation of policy  
• promote an inclusive working environment involving all members
of the council 
• develop and encourages effective working relationships among
councillors and officers
• represent the council at meetings of the Convention of Scottish
Local Authorities (COSLA) and ensures that the position and
interests of the council are represented at COSLA meetings and
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SPMAN-1569880747-2904
that feedback from these meetings is given through established
channels within the Council.  
• if appointed, chair significant policy consideration/discussion
groups established by the council such as the Political Group
Leaders group  
• help ensure that the work of all committee Chairs contributes to
the corporate effectiveness of the council as a whole  
• liaise closely with the Depute Leader over the division and
delegation of responsibilities between the Leader and Depute
Leader roles  
• liaise closely with the Civic Leader in terms of civic roles and
functions on behalf of the council 
5.3 Depute Leader, Acting Leader, Joint Leaders 
5.3.1  In addition to meeting the expectations of a council Chair and an
ordinary Councillor the Depute Leader is expected to assist the Council
Leader in discharging the roll of Council Leader. They may undertake
any responsibilities associated with the Leader role as informally agreed
by the Council Leader, or in terms of any more formal division
agreement, and shall liaise with and work constructively and effectively
with the council leader.  In particular the Depute Leader is expected to: 
• Provide cover for chairing of full Council or attendance at COSLA
leaders meetings where the Council Leader is unable to attend.
• promote an inclusive working environment involving all members
of the council
• develop and encourage effective working relationships among
councillors and officers
• provide feedback to the Chief Executive where requested in the
following areas: organisational and management processes of
the council, decisions to be taken under delegated powers,
budget priorities, service planning and performance  and pre
committee formulation of policy 
5.3.2 These responsibilities apply to any councillor appointed in an acting
capacity under the council’s Family Leave Scheme for Elected
Members or covering a period of extended leave. 
5.3.3 Joint Leaders may be elected by the council. The responsibilities of the
Leader will apply equally to those who share the office. Joint Leaders
have the additional responsibility of liaising with and working
constructively and effectively with each other in the best interests of the
council and the council’s area and residents. If joint Leaders are
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SPMAN-1569880747-2904
appointed then either will be able to take the chair at full council
meetings.
6 GROUP LEADER
6.1 Defined 
6.1.1 A Group Leader is the nominated representative/spokesperson of any
non-administration political party or group comprising three or more
councillors. The holder of the position is not elected by the council and
there is no automatic right to additional remuneration. 
6.1.2 The holder of the post carries all of the duties and responsibilities of an
ordinary councillor (and Chair if applicable) with additional
responsibilities to ensure that the views of their group are
communicated and represented as part of the democratic governance
of the council.
6.2 Additional responsibilities 
6.2.1 A Group Leader  is expected to:-  
• represent and communicate the views of their group as part of
the formal decision making processes of the council and its
committees and through informal working groups and forums 
• provide leadership of their group  
• act as the group’s main spokesperson in order to enable the
group to participate effectively in the decision-making processes 
• ensure clear political direction and guidance is given on behalf of
their group in the best interests of the council and Moray  
• participate actively and effectively in the scrutiny of the council’s
policies, budgets and service delivery and their effectiveness in
meeting the strategic and operational objectives agreed by the
council and the needs of the communities in Moray  
• promote an inclusive working environment and ensure the
participation of members of their group in debate and policy
decision making processes of the council  
• maintain effective communications with other Group Leaders
and the Chief Executive  
• participate as required in consultation organised by the council
with Moray’s communities to ensure that their full range of views
and opinion are expressed to council in the formulation and
review of policies, budgets, strategies and service delivery  
• represent their group in council events, community involvement
and in other forums in order to further the interests of the council
and Moray  
• promote the core values of the council in fulfilling their remit 
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6.3 Depute, Acting and Joint  Group Leader 
6.3.1 These responsibilities apply to any Depute Group Leader appointed by
a group. 
6.3.2  The responsibilities of  Group Leader will apply equally to any
Acting Leader (acting in that capacity under the council’s Family Leave
Scheme for Elected Members or covering a period of extended leave)
or to those who share the office as Joint Leaders 
7 CIVIC LEADER
7.1 Defined 
7.1.1 The Civic Leader fulfils a unique and important function as the civic
head in representing the council and the wider Moray community at
ceremonial and other formal events and occasions both within and
outside Moray. The Civic Leader is the formal representative of the
council when meeting with visiting dignitaries. 
7.1.3 The position shall attract a higher level of remuneration, defined “Civic
Head” in terms of the remuneration regulations. 
7.1.4 The holder of the post carries all of the duties and responsibilities of an
ordinary councillor with the additional responsibilities set out below.
7.2 Additional responsibilities 
7.2.1 The Civic Leader is expected to:-  
• act as civic head, hosting council events and attending other
events as civic leader and representative of the council and the
Moray communities  
• promote Moray’s profile to the wider community through public
appearances at social, community, cultural and business events
and though the media  
• foster networks with other organisations in both the business and
public sectors to support and enhance the development of Moray
and its communities  
• liaise closely with the Leader of the Council in terms of the civic
roles and functions on behalf of the council, and with the Depute
Leader  
• promote the core values of the council  
• act at all times in a manner to enhance the reputation of the
council in terms of fair representation, open government and
accountability and as a representative of both the council and the
community  
• maintain the highest standards of integrity and behaviour
personally and act as an example to others
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• hold an ex officio position on any cross party policy formulation
groups established by the council (such as the Political Group
Leaders group) to assist them in meeting their civic duties.
7.3 Acting Civic Leader 
7.3.1 These responsibilities apply to any councillor appointed in an acting
capacity under the council’s Family Leave Scheme for Elected
Members. 
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REPORT TO:   MORAY COUNCIL ON 28 SEPTEMBER 2022 
SUBJECT: LEARNING ESTATE STRATEGY AND DELIVERY PROGRAMME
– MORAY SUBMISSION FOR LEARNING ESTATE
IMPROVEMENT PROGRAMME PHASE 3 FUNDING 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 The report seeks a decision by Council on submission(s) for Scottish
Government Learning Estate Investment Programme Phase 3 funding in
October 2022. 
1.2 This report is submitted to the Council in terms of Section III (D) (1) of the
Council's Scheme of Administration relating to all the functions of the Council
as Education Authority. 
2. RECOMMENDATION 
2.1 It is recommended that Council: 
(i) considers the two compliant secondary school projects that could
be accelerated to qualify for Scottish Government Learning
Directorate Learning Estate Investment Programme (LEIP) Phase 3
funding;   
(ii) agrees to prioritise the Forres Academy project either as a single
bid or, as required by the LEIP bid criteria, identified as the priority
project if more than one bid is to be submitted; 
(iii) instructs officers to submit one, both or neither compliant
secondary school project bids for LEIP 3 funding within the 31
October 2022 deadline; and 
(iv) if there is agreement to submit one or more bid for LEIP funding,
and one or more of those bids is successful, instructs officers to
review and provide updates to Members on project affordability (at
defined Project Gateways) as the construction and whole life cost
implications of the LEIP funding model are further developed. 
Item 12a.
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3. BACKGROUND 
Scottish Government Learning Estate Investment Programme
3.1 In September 2019, the Scottish Government published their new Learning
Estate Strategy which set out a collective vision of “a Learning Estate which
supports Excellence and Equity for all”. Alongside the publication was the
launch of the first phase of the Learning Estate Investment Programme
(LEIP). The Programme is designed to: 
• Improve the condition of the school estate;
• Support growth projects where there are no local condition priorities;
• Establish links across the learner journey where appropriate;
• Benefit 50,000 pupils to learn in condition A/B schools;
• Enable the delivery of wider Scottish Government policy objectives,
including the guiding principles of the Learning Estate Strategy; and
• Support sustainable estate planning with clear investment and
maintenance strategies. 
3.2 To be successful, projects needed to connect people, places and learning,
deliver improved outcomes for all and enable sustainable, inclusive economic
growth. While there was a focus on improving the condition of the learning
estate, the need to respond to demographic pressures was also recognised.
Projects needed to meet the programme conditions and outcomes associated
with high quality, suitable, sustainable, low carbon, digitally enabled learning
environments. There was also an expectation of local political and financial
commitment to investment. 
3.3 Although the Council submitted a bid for the first phase of funding to support
the Findrassie Primary School new build project, at that time the local
Learning Estate Strategy was in the early stages of development and agreed
priorities for investment in the learning estate were not yet available. The bid
was unsuccessful. 
3.4 The Scottish Government launched LEIP Phase 2 in December 2020. A more
developed bid was resubmitted for the Findrassie Primary School project,
which was successful. 
Learning Estate Investment Programme – Phase 3
3.5 In July 2022, Scottish Government wrote to all local authorities announcing
Phase 3 of the LEIP, together with a set of updated strategic outcomes and
associated terms and conditions. The Outcome Based Funding model will
provide revenue funding on the achievement of a set of agreed outcomes.
The outcomes for Phases 1 and 2 fell into four broad categories: condition;
energy efficiency; digital connectivity; and economic growth and these will
apply for Phase 3 too; a fifth outcome for Phase 3 is focused on embodied
carbon. The premise of the funding model is that up to 50% of project delivery
cost for the qualifying enabling infrastructure will be provided by LEIP as
revenue funding over the operational life of the building (25 years), provided
the key outcomes are met. The Council is required to make annual returns on
performance against the outcomes, with funding dependent on achieving
these throughout the 25 year period of the funding envelope. 
3.6 All local authorities will be eligible to benefit from the new investment
programme to sustain and improve the condition of their learning estate or
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respond to demographic changes. However, a project will only be eligible for
funding on either a condition OR a demographic change basis, not both. The
LEIP Phase 3 selection criteria set out by Scottish Government is at
APPENDIX 1. 
3.7 Submissions for LEIP Phase 3 are required to be sent by email or letter to the
Scottish Government by no later than close of business on Monday 31
October 2022. The form of submission will be discussed and agreed with
Scottish Futures Trust, who will manage the process on behalf of the Scottish
Government. 
3.8 Projects selected to form part of LEIP Phase 3 will be expected to be open for
pupils by December 2027 unless otherwise agreed at the start of the Phase.
Projects which are anticipated to be open in advance of this date are ‘very
much encouraged’. 
3.9 In addition, a submission for LEIP Phase 3 support will only be considered by
the Scottish Government if there is evidence of political and financial
commitment for a project through Committee approval. 
4. MORAY OPTIONS FOR LEIP PHASE 3 BID SUBMISSON 
4.1 At this stage of the LEIP Phase 3 programme process Council only needs to
agree which school project(s) should be submitted for Scottish Government
funding support. There is no requirement to select the detailed project
infrastructure option, however the detail regarding potential options will inform
Member’s understanding of the level of financial commitment required. The
learning estate investment programme has two candidate projects - Future
Forres Academy and Future Buckie High School - that are recommended for
consideration. The project mandates for both these projects have been
approved and a Strategic Options Case developed for consideration by the
Learning Estate Programme Board. These are attached at APPENDIX 2 and
APPENDIX 3. Currently both projects assume an operational date in the
2028/29 timeframe, however, if submitted for LEIP Phase 3 an operational
date at the end 2027 will need to be achieved, unless otherwise agreed with
the Scottish Government. 
4.2 A policy of ‘make do and mend’ repair and maintenance was adopted in 2017
and followed previous years of under-investment in the Moray learning estate.
The lack of investment has left a majority of schools below an acceptable
standard for suitability and condition including Forres Academy and Buckie
High School. 
Option 1 – Forres Academy 
4.3 The current mainstream capacity of Forres Academy is calculated as 1121
with a school roll for 2022/23 session expected to be 860 (77% of capacity).
Of this 99% of pupils are expected to be from within catchment. A total of 40
pupils were assessed as requiring additional support needs, requiring access
to enhanced provision support (2021/22 census – Additional Support Needs
(ASN) marker report). With Kinloss Barracks sited in catchment these forecast
pupil numbers are sensitive to the changing demographic of military
personnel.   
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4.4 The Forres Associated Schools Group catchment is expected to experience
growth in secondary school capacity requirements as a consequence of
planned residential development to the South and the East of the town out to
2035. The school roll is expected to increase to a maximum of 997 (89% of
capacity) towards the end of the decade. However, it is anticipated that the
mainstream capacity will likely need to be reassessed in the medium term as
a consequence of the desire for wider curriculum choice and additional space
requirements for ASN accommodation, which would reduce the mainstream
maximum capacity assessment for the school. 
4.5 Forres Academy has recently been assessed as D for Condition – a decrease
from the previous assessment undertaken less than 10 years ago. This is
despite significant investment over the last 8 years; to the value of £4.45M for
capital works together with a further £550k of revenue spend on repairs and
maintenance. This investment has not prevented recent serious flooding 
incidents relating to significant roofing and drainage issues. A breakdown of
the condition assessment is set out in Table 1. 
CONDITION SUMMARY MATRIX 
Good – A Performing well and operating efficiently 
Satisfactory – B Performing adequately but showing minor
deterioration
Poor – C Showing major defects and/or not
operating adequately 
Bad –D Life expired and/or serious risk of
imminent failure
Elements
Roof
Floors &
Stairs
Ceilings
External
W
alls,
W
indows &
Doors 
Internal W
alls
and Doors
Sanitary
Services
Mechanical
Electrical
Decoration
Fixed Internal
Facilities
External areas
Outdoor
Sports
Facilities 
OVERALL 
SCORE
CATEGORY
D D D D D D B C C C C C 39.75 D
Table 1: Condition Assessment (2021) - Forres Academy 
4.6 Forres Academy is reported as a B for suitability. This assessment was
undertaken in 2013. An updated assessment was planned in 2020 but was
cancelled due to the COVID pandemic. With the relaxation of COVID
measures in school it is now intended to complete a re-assessment in the
near future. It is anticipated that as a consequence of the D Condition there
will be a reduction in the scoring within some areas of the suitability
assessment, however we are not able to predict if this will result in a similar
grade reduction.   
4.7 Although the B/B condition/suitability could be achieved with a basic
refurbishment of Forres Academy, the long term value for money opportunities
offered by a major refurbishment, new build as a standalone or potential
campus solution, would deliver a sustainable A/A school that meets the
selection criteria for LEIP Phase 3 investment. There is also a need to
consider the changing nature of teaching and drivers for digitally enabled
education and low carbon school buildings, additional support needs and early
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learning and childcare when considering investment in the future Forres
Academy project. 
4.8 The indicative 10 year capital plan (2022-32) has assigned a capital spend of
£66M to deliver a ‘Forres Academy campus’ within the 2028/9 timeframe. 
4.9 Infrastructure options that are under consideration for Future Forres School
project are set out in Table 2. In reviewing these options the following should
be noted: 
▪ Options 1.3, 1.4 and 1.5 fully meet LEIP Phase 3 selection criteria; 
▪ Option 1.2, although meeting baseline learning estate condition and
suitability requirements, would not qualify for LEIP Phase 3; and 
▪ Option 1.4 falls into the LEIP Phase 3 criteria of a project that
addresses both a condition and a growth issue. Either condition
improvement or extension to meet increasing capacity demands would
qualify for LEIP funding, but not both.     
▪ The preferred site for a new build school (Options 1.5 and 1.6) would
be Roysvale common good land, which the Council would need to seek
a court order and the agreement of the local community to procure. 
Category of Choice  Description
Indicative
cost
Base cost
(2022)
Indicative
cost
Inflation
allowance
cost (2026)
£000 £000
1.1 Do nothing  No change to the current Learning
Estate
Continuation of make do and mend
maintenance which is average of £625k
per year.
£625k pa
average 
1.2 Minimum scope Meet secondary capacity requirements
of Forres ASG with Minimum
Refurbishment that addresses the
requirement for minimum B standard
condition. 
24,700  31,000
1.3 Intermediate
scope A
Meet the secondary capacity
requirements of Forres ASG with Major
Refurbishment that meets the LEIP
requirements for Low Carbon and
Digital aspects, balances community
and educational needs. 
69,600  91,100
1.4 Intermediate
scope B
Meet the secondary capacity
requirements of Forres ASG with Major
Refurbishment with Extension that
meets the LEIP requirements for Low
Carbon and Digital aspects, balances
community and educational needs.
74,500 95,400 
1.5 Maximum scope
A
Meet secondary capacity requirements
of Forres ASG with a New Build
Secondary School & Community Hub 
60,500  79,200
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that addresses Digital and Low Carbon
aspects, balances community and
educational needs
1.6 Maximum scope B Meet future secondary and future
primary capacity requirements of Forres
ASG with a New Build 3-18 Community
Campus (integration of Applegrove
Primary School with the new secondary
school) that addresses Digital and Low
Carbon aspects, balances community
and educational needs in rationalising
the estate. 
66,900  87,400 
Table 2: Project options and indicative capital costs - Forres Academy 
Option 2: LEIP Phase 3 Submission – Buckie High School  
4.10 The current mainstream capacity of Buckie High School is calculated as 944
with a school roll for 2022/23 session expected to fall to 815 (86% of
capacity). Of this 98% of pupils are expected to be from within catchment. A
total of 32 pupils were assessed as requiring additional support needs,
requiring access to enhanced provision support (2021/22 census - ASN
marker report). 
4.11 The Buckie Associated Schools Group catchment is forecast to see an
increase in secondary school capacity requirements as a consequence of
planned residential development to the south and the west of the town out to
2035. The school roll is expected to increase to a maximum of 903 (96% of
capacity) towards the end of the decade. However, it is anticipated that the
mainstream capacity will likely need to be reassessed in the medium term as
a consequence of the desire for wider curriculum choice and additional space
requirements for ASN accommodation, which would reduce the mainstream
maximum capacity assessment for the school. 
4.12 Buckie High School has recently been assessed as C condition – a decrease
from the previous assessment 10 years ago. An investment’ over the last 8
years to the value of £809k for capital works and £875k of revenue spend on
repairs and maintenance has not improved the situation. A breakdown of the
condition assessment is set out in Table 3. 
CONDITION SUMMARY MATRIX 
Good – A Performing well and operating efficiently 
Satisfactory – B Performing adequately but showing
minor deterioration
Poor – C Showing major defects and/or not
operating adequately 
Bad –D Life expired and/or serious risk of
imminent failure
Elements
Roof
Floors &
Stairs
Ceilings
External
W
alls,
W
indows &
Doors 
Internal W
alls
and Doors
Sanitary
Services
Mechanical
Electrical
Decoration
Fixed Internal
Facilities
External areas
Outdoor
Sports
Facilities 
OVERALL 
SCORE
CATEGORY
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D D C C C D C C C B C B 45.25 C
Table 3: Condition Assessment (2022) – Buckie High School 
4.13 Buckie High School is reported as a C for suitability. This assessment was
undertaken in 2017. An update assessment was planned in 2020 but was
cancelled due to the COVID pandemic. With the relaxation of COVID
measures in school it is now intended to complete a re-assessment in the
near future. The suitability assessment identified issues with Safety and
Security and Furniture, Fixtures and Fittings. 
4.14 Although the B/B condition/suitability could be achieved with minimum
refurbishment of Buckie High School, the long term value for money
opportunities offered by a major refurbishment, new build as a standalone or
potential campus solution, would deliver a sustainable A/A school that meets
LEIP project key requirements and the selection criteria for LEIP Phase 3
investment. As with Option 1, there is also a need to consider the changing
nature of teaching and drivers for digitally enabled education and low carbon
school buildings, additional support needs and early learning and childcare
when considering investment in the future of the learning estate 
4.15 The indicative 10 year capital plan (2022-32) has assigned a budget of £75M
to deliver a ‘Buckie Campus’ within the 2028/29 timeframe. 
4.16 Options that are under consideration are set out in Table 4.   The following
should be noted: 
• Options 1.4 and 1.5 fully meet LEIP Phase 3 selection criteria; 
• Option 1.2, although meeting baseline learning estate condition and
suitability requirements, would not qualify for LEIP Phase 3; and 
• Option 1.3 falls into the LEIP Phase 3 criteria of a project that addresses
both a condition and a growth issue. Either the condition improvement or
extension to meet increasing capacity demands would qualify for LEIP
funding, but not both.     
• The preferred site for a new build school (Options 1.4 and 1.5) would be
land to the south of the current school. The majority of this land is already
within the school grounds. 
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Category of Choice Description Indicative
cost
Base cost
(2022)
Indicative
cost
Inflation
allowance
cost (2026)
£000 £000
1.1 Do nothing  No change to the current Learning
Estate
No immediate significant maintenance
costs predicted in next 12/24 months. 
Unknown situation thereafter. Forres
figures give comparison at £625k per
annum  
1.2 Minimum scope Meet secondary capacity requirements
of Buckie ASG with Minimum
Refurbishment and Extension that
addresses the requirement for minimum
B standard condition. 
24,100  30,125
1.3 Intermediate
scope A
Meet the secondary capacity
requirements of Buckie ASG with Major
Refurbishment and Extension that
meets the LEIP requirements for Low
Carbon and Digital aspects, balances
community and educational needs. 
67,100  84,700
1.4 Intermediate
scope B
Meet secondary capacity requirements
of Buckie ASG with a New Build
Secondary School & Community Hub
that addresses Digital and Low Carbon
aspects, balances community and
educational needs 
66,600  84,100
1.5 Maximum scope  Meet future secondary and future
primary capacity requirements of
Buckie ASG with a New Build 3-18
Community Campus that addresses
Digital and Low Carbon aspects,
balances community and educational
needs in rationalising the estate. 
75,700  95,700
Table 4: Project options and indicative capital costs – Buckie High School 
5. DISCUSSION ON LEIP PHASE 3 SUBMISSION OPTIONS 
5.1 The requirement for significant future investment to successfully deliver and
maintain suitable secondary school capacity and capability in Forres and
Buckie is acknowledged and both projects identified in this report are already
in scope as part of the learning estate strategy, albeit later in the decade and
with options for solutions and funding yet to be fully scoped and considered.
However, given the cost of undertaking major construction works (new build or
refurbishment), LEIP Phase 3 provides an opportunity to accelerate one or
both projects and benefit from significant Scottish Government funding
support, which may not be forthcoming in future years.   
5.2 Should both projects bid for LEIP Phase 3 funding support be successful the
scale and scope of the challenge to deliver two secondary schools within the
next 5 years should not be underestimated, neither, given that LEIP Phase 3
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funding is facilitated through an outcome-based future revenue model, with
the Council responsible for full capital funding, should the significant capital
funding investment required over that same time period.  The capital
commitment for these projects would place constraints on the council’s
capacity to undertake other capital projects during the same timeframe.  The
LEIP funding model also entails significant on-going revenue costs to maintain
LEIP funded schools at A or B condition, and this will require an increase in
the schools maintenance budget. 
5.3 Should a single project bid for LEIP Phase 3 funding support be successful
the scale and scope of the delivery challenge is more manageable within
current resourcing and the capital investment required over the next 5 years
will be around half that of a two-project approach. A single LEIP Phase 3
approach does not remove the aspiration to ensure that both projects
continue, albeit with longer delivery timeframes and consideration of a range
of options to deliver the required outcomes. 
5.4 If the decision is not to submit a bid for LEIP Phase 3 funding the Council will
still need to deliver improved secondary schools to meet requirements in both
Forres and Buckie within the current project timeframes (indicated as 2028
and 2029 respectively) rather than the LEIP timeframe. Meantime, the current
approach would remain in place to maintain both schools as operational.  If
the schools were rebuilt or significantly refurbished then they would require to
meet a minimum of B condition/ B suitability ratings in order to fulfil the
objectives in the Council and Scottish Government strategies for learning
estates of the future.  The Council would have sole responsibility for financing
the capital investment, with no revenue funding support from the Scottish
Government. However, as the council would have full control to determine the
design requirements the funding requirement for each project could be
significantly less, given the substantial investment required to meet LEIP
Phase 3 standards and to maintain them over the 25 year period of the
funding envelope.   
5.5 In determining a priority option for LEIP Phase 3 funding the following decision
criteria have been considered: current and future building condition and
suitability, future capacity requirements, alignment with LEIP Phase 3 criteria,
affordability, benefits of accelerating project and time to deliver. 
5.6 In terms of current and future building conditions, the recent Forres Academy
surveys have identified that more than 50% of the condition criteria are rated
as bad - that is ‘life expired and/or at serious risk of imminent failure’.  Despite
investment of nearly £5M over the last 8 years the situation has not improved
and indeed in most areas further deteriorated. It is estimated that a package
of improvement works totalling £24M would be required to achieve minimum B
condition standard and further significant regular investment would be
required to maintain this. Buckie High School is assessed as poor – that is
‘showing major defects and/or not operating adequately’. Significantly less
investment has gone into the maintenance of Buckie High School and
although there are some areas of concern these are significantly less than
those at Forres Academy.     
5.7 In terms of suitability assessments - that is fit for the purpose of delivering the
education curriculum –  it has been some time since Buckie High School
(2017) was rated as C – that is ‘Poor - showing major problems and/or not
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operating optimally’ Forres Academy (2013) was rated as B – that is
‘satisfactory – performing well but with problems’. Updated assessments for
both schools are required and were planned pre-COVID but due to
accessibility issues were cancelled. These are to be re-scheduled within the
near future. The Buckie High School rating was related to Safety and Security
(e.g. limited coverage of CCTV) and Furniture, Fixtures and Fittings issues
(e.g. provision of audio-visual devices was patchy). Addressing the majority of
the C- rated areas is assessed as achievable with only minor investment. 
5.8 In terms of capacity requirements in the future, the situation at Buckie High
School is clearer than Forres Academy. The impact of residential
development planned to the west and south of Buckie is that the secondary
school roll is forecast to rise to a maximum of 96% in 2029. It is forecast to
steady out beyond the end of the decade, but the forecast is less accurate
beyond that timeframe. However, development is planned to continue out to
2035 so an extension to school capacity is anticipated as part of the current
project plan. As stated earlier this situation may change as a consequence of
increasing demand for enhanced ASN support and/or curriculum change but it
is viewed as manageable within the current 28/29 project timescales. 
5.9 In Forres Academy capacity is not expected to increase beyond 90% over the
next 10 years. Although development to the east of the town, together with the
same enhanced ASN and curriculum change requirements, it is not
anticipated that an extension will be required. 
5.10 The Forres Academy project options meet all the LEIP Phase 3 criteria for full
funding consideration (max 50% of qualifying value). With the major
refurbishment with extension option for Buckie, the interpretation of the LEIP
criteria indicate that only one element, the refurbishment or extension but not
both, would qualify for LEIP Phase 3 funding.   
5.11 Both projects have a similar cost model. The additional capital costs for the
Buckie High School options have assumed a new swimming pool, whereas
the current Forres swimming pool would be retained. 
5.12 There are benefits of delivering both projects earlier than currently planned.
However, the delivery of Forres Academy earlier would mitigate the risks
relating to the current school condition in terms of school operation and
annual repair and maintenance costs.         
5.13 The LEIP target date of end 2027 to deliver either project is a challenging.
Given any new build option in Buckie would utilise land within the current
Buckie High School boundary, whereas a new build option for Forres
Academy would require new land to be acquired, with the preferred choice the
Roysvale common good land, there is a risk that the Forres Academy project
delivery date could extend into 2028. Although a stated objective of LEIP
Phase 3 projects is delivery by end 2027 it is not a mandated criteria and the
Scottish Government is open to negotiations on a later project delivery date if
circumstances warrant it. 
5.14 The criteria to prioritise the acceleration of one project over the other shows 
that the differentiators between the Forres Academy and the Buckie High
School projects are small; however, it is the current and future condition
comparison that is viewed as the key factor in favouring one project over
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another. The submission of Forres Academy rather than Buckie High School
would mitigate the operational and financial risks associated with a building
that is Condition D and, therefore, if the decision is to submit a single project
for LEIP Phase 3 funding the priority option is recommended as Forres
Academy. 
5.15 In prioritising the Forres project for LEIP Phase 3 submission it is
recommended that this should coincide with works to address the suitability
issues at Buckie High School and to ensure that a robust maintenance regime
is in place to prevent Buckie High School condition from deteriorating further
until delivery of the ‘future school’ project planned for 2029.   
6 SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)
This report supports the LOIP outcomes: 
i) Building a better future for children and young people in
Moray:Healthier Children: children get the healthiest start in life
and are supported to achieve the best possible mental health
and wellbeing and there is equity for vulnerable groups. 
And the aims of the Corporate Plan to: 
ii) Improve health and wellbeing for the people of Moray. 
(b) Policy and Legal
There are no policy or legal implications arising from this proposal. 
The Schools (Consultation) (Scotland) Act 2010 sets out the legal
requirements for consultation on relevant proposals affecting individual
schools. The proposed approach supports and encourages that
process. 
(c) Financial implications
When the Council approved the budget for 2022/23 on 22 February
2022 (paragraph 3 of the Minute refers) it balanced only by using
reserves and one-off financial flexibilities. The indicative 3 year budget
showed a likely requirement to continue to make savings in the order of
£20 million in the next two years.   All financial decisions must be made
in this context and only essential additional expenditure should be
agreed in the course of the year.  In making this determination the
Council should consider whether the financial risk to the Council of
incurring additional expenditure outweighs the risk to the Council of not
incurring that expenditure, as set out in the risk section below and
whether a decision on funding could reasonably be deferred until the
budget for future years is approved. 
The indicative capital costs for each of the project options are set out in
Tables 2 and 4 above. The inflation allowance columns provide
indicative costs that take account of current market uncertainty and
inflationary forecasts. 
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If both projects are progressed on a concurrent basis the cumulative
impact would place considerable constraint on the scope for other
capital projects to be progressed during the project delivery period. The
impact on the wider capital plan would have to be taken into account in
the planned review of the capital plan and may also mean less scope
to review the capital borrowing implications for revenue costs in the
context of the longer term revenue budget planning. 
The LEIP 3 funding model is revenue based, with revenue payments
made by the Scottish Government over the 25 year life of the proposed
facility. 
Funding is released on a phased basis on achievement of agreed
outcomes evidenced as follows: 
1. Condition 
i. Annual returns indicate that the facility is maintained at
condition A or B.
ii. If the building drops into Condition C more than once during
a 5 year period the condition funding element will be
suspended until rectified. 
2. Energy Efficiency 
i. Authorities must provide evidence that the in-use energy
target of 67/kWh/m2/per annum for core hours of 2,000 per
annum and core facilities is achieved. This is not a pass or
fail assessment and a sliding scale is applied as follows: 
ii. Funding will commence in year 3 of operation, with reporting
based on a rolling five year average (reporting in years 7, 12,
17 & 22). There is a one year grace period if you fail to meet
the previously reported target. 
3. Digital enabled learning
i. The local authority must provide evidence that the underlying
digital infrastructure of the facility is capable of supporting
11Gbps. 
4. Economic Growth
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i. The local authority will be required to collate and provide
evidence that they have met the target for jobs supported as
per the Construction Industry Training Board (CITB)
benchmarks published in July 2017. The number of jobs to
be supported depends on the size of the investment.
ii. It is proposed that because the achievement of this outcome
will happen in the design and construction phase of the
project that funding for it, if achieved, is received in the first
two years of operations, rather than extend over the 25 year
period. 
5. Embodied Carbon 
i. The local authority is required to evidence that the
construction embodied target of 600kgCO2e/m2 for core
facilities is achieved. 
ii. Evidence of achieving this target using actual material,
product, transport and contractor activity data will be required
at project completion. As per the Energy Efficiency target this
is not a pass or fail assessment and a sliding scale will be
applied as follows: 
The LEIP programme has yet to confirm the level of funding
attached to each core funding outcome. 
(d) Risk implications
There are significant risks associated with projects of this scale and
nature and these will be considered in detail as the Outline Business
Cases for the projects develop. The following risks are already
identified and should be noted: 
(i) The developing options may be influenced by the future
recommendations to come from the in-progress Additional
Support Needs Review and Sport & Leisure Capital Plan
development. The options will remain flexible and adaptable to
any changes warranted by these reviews.   
(ii) The Learning Estate Strategy and Delivery Programme has
identified the need for significant capital investment in the future
secondary school infrastructure in both Buckie and Forres ASGs.
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Should no option be submitted for Scottish Government LEIP
Phase 3 funding the total cost of improvement projects will be the
sole responsibility of Moray Council. However, for any LEIP
funded projects the Council will carry the full risk of capital
funding, with revenue budget support only provided once the
school is operational, and at different stages in the building
lifecycle, dependent on the achievement of outcomes as set out in
the Financial Implications section above. 
(iii) There is risk that the area metric proposed by the Scottish
Government to value a LEIP Phase 3 project (£3,500/m2) will not
correspond to the actual market rate experienced at the time of
construction. The consequence is that the maximum 50% of
qualifying project value provided by Scottish Government could be
significantly less than that (with the Council therefore bearing a
significantly higher proportion of the overall costs of the project) 
(iv) The outcome based funding model requires a consistent level of
investment through the life of the facility to ensure funding targets
can be achieved and maintained over the 25 year period, which
impacts on building whole life costs. As noted above, failure to
meet these funding target throughout the 25 year funding period
could put the ongoing Scottish Government contribution to funding
at risk. 
(v) The whole life cost (revenue) implications of the LEIP funding
requirements, alongside the current differential in the area metric
cost assumptions, could mean that the Scottish Government
contribution is closer to 25-35% of the overall project cost. Were
the Council to choose not to apply for LEIP funding, the Council
would have considerably more flexibility regarding the outcomes
to be delivered from each project, and therefore the overall cost of
the project, including whole life costs. The Strategic Business
Cases include Minimum Scope options that cannot be considered
for LEIP projects, but could be retained as options should
members choose not to submit one or both of the projects for
LEIP 3. 
(vi) Our understanding of whole life costs for a major project of the
scale and complexity of the two proposed projects will become
more developed as the projects progress through the different
project stages, and there is clarity around design approaches and
the consequent maintenance costs associated with the different
elements of the build. Due to the potential risks associated with
the affordability of ongoing whole life cost funding requirements
for the LEIP funding model it is proposed that officers undertake
affordability assessments at appropriate review points in any LEIP
funded project so that Council can consider their ongoing
approach, whether the project remains affordable under LEIP and,
depending on the outcome of the assessment, if a different
approach should be taken to meeting the project objectives. 
(vii) Indicative costs take account of current market uncertainty and
inflationary forecasts. There is a risk of continuing market
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uncertainty through the life of the projects, with a consequential
impact on costs (with costs continuing to rise). 
(viii) The timeframes for the majority of options assume that there will
be no issues with land acquisition and planning approval
timelines. In order to meet the LEIP Phase 3 December 2027
operational date target, planning approval would need to be in
place before November 2025.   
(ix) The development of these options is likely to generate a high
degree of public interest and speculation. It is important that there
is a commitment to take this work forward in a planned way and a
recognition of the difficult public relations aspects that may arise
as a result. 
(e) Staffing implications
There are no specific staffing implications arising from this proposal at
this stage. Future reports will provide staffing implications updates as
appropriate. Should there be a decision to progress with two bids for
LEIP 3, and should both bids be successful, there will be staffing
requirements across Council services to ensure we can successfully
deliver the projects within the timescales set out. These staffing
implications would be developed and presented in future reports to
Committee. 
(f) Property
The property implications for this proposal are set out within the project
options set out in Table 2 and Table 4 above. 
(g) Equalities/Socio Economic Impact
The quality of the learning environment can impact on learning and
attainment by as much as 16%. The condition and suitability of our
learning estate, and capacity challenges associated with both growth
and population decline in some areas, give rise to unequal opportunity
across Moray. 
This proposal supports the Learning Estate Strategy requirement that
all Learning Estate buildings meet minimum standards and are fit for
purpose. 
Equality impact assessments will be carried out as appropriate during
the  development of the LEIP Phase 3 option outline business case in
order to ensure that benefits are distributed fairly and impacts on
groups protected under the Equality Act 2010 are identified and, where
reasonably possible, mitigated. 
(h) Climate Change and Biodiversity Impacts
Both options will have a climate change impact with embodied carbon
impacts during construction and whole life operational carbon. The
scale of this overall impact will be assessed in detail within the outline
business cases for the projects and this will be balanced against the
current operational carbon budgets. As required by the LEIP funding
model, a design approach which ensures energy efficiency and
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embodied carbon savings will be key to ensuring that the forecast
reductions in carbon emissions are realised by the project. 
Although dependent on the design approach taken (e.g PassivHaus) it
is anticipated that there will be a significant reduction in operational
carbon during the life of any future school building that will outweigh
the construction carbon budget. As part of the carbon management
planning, wider emissions would be considered, such as opportunities
to promote active travel and reduce the need for car travel to the
school. 
(i) Consultations
The Corporate Management Team, Head of Financial Services, Head
of Education (Chief Education Officer), Head of Environmental and
Commercial Services, Head of Housing and Property, Head of
Development Services, Tracey Sutherland, Committee Services
Officer, Human Resources Manager, Equal Opportunities Officer,
members of the Learning Estate Programme Board and members of
the Asset Management Working Group have been consulted and the
comments received have been incorporated into the report. 
7. CONCLUSION 
7.1 An opportunity for Scottish Government funding support for a planned
strategic learning estate project is available through the Scottish
Government Learning Directorate Learning Estate Investment
Programme (LEIP) Phase 3 initiative.  Two projects, Future Forres
Academy and Future Buckie High School would qualify for submission
and a number of project delivery options that have been identified within
the respective Strategic Options Cases meet the selection criteria for
LEIP Phase 3. There is an option to submit both projects, a single
project or no projects for LEIP Phase 3 funding. If the decision is to
submit a single project, due to issues of poor building condition and the
risk of further deterioration that would compromise the operational
effectiveness of the current school, the Forres Academy project is the
recommended priority option. The Council is asked to consider the
recommendations in this report. 
Author of Report: Andy Hall (Programme Manager (Learning Estate))
Background Papers: 
Ref: SPMAN-9425411-58 
SPMAN-9425411-59 
SPMAN-9425411-60 
SPMAN-9425411-61 
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APPENDIX 1: Phase 3 Selection Criteria Flowchart
Item 12a.
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Strategic Options Case 
Version Number: 0.2 Created: 06/09/2022 Saved: 22/09/2022 13:53
c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\08196dd7-321e-4ee9-89b0-
82eb5583338f\4e01406e-8df4-4456-8fff-73914c181732.docx                                                                                                                                        
Page 1 of 26 
The following is to be completed by High Level Governance Board 
Approved By/Date Group or Officer Name Date of meeting/decision
Approval
(choose from drop
down menu) 
Choose an item.
Comments Any relevant comments from the approving authority should be
documented here. 
The purpose of the Strategic Outline Case (SOC) is firstly to establish the case for change
and the need for the proposal; and secondly, to provide a suggested way forward for
the early approval of management providing an ‘initial agreement to proceed’ to
further develop the business case. 
It is important that the ‘preferred way forward’ within the SOC is not confused with the
‘preferred option’ which emerges from the Outline Business Case (OBC). The preferred
way forward provides management with a recommended direction of travel, following
the initial assessment of the long list of option upon completion of the SOC, whereas
the preferred option is the recommended Value for Money (VFM) choice, following the
detailed appraisal of the short list of options upon completion of the OBC.  
PROJECT REF/NAME Future Forres Academy
PROJECT SPONSOR Denise Whitworth
COMPLETED BY Andy Hall
DATE 12 Aug 2022
Project Category Strategic
Item 12a.
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Page 2 of 26 
Table of Contents
1. Version History .................................................................................................... 3
2. Executive Summary ............................................................................................ 3
3. The Strategic Case ............................................................................................. 4
4. The Economic Case .......................................................................................... 16
5. Commercial Case .............................................................................................. 20
6. The Financial Case ........................................................................................... 21
7. The Management Case ..................................................................................... 23 
Project Governance and Reporting structure ........................................ 23 
Project Roles and Responsibilities ....................................................... 24 
Project Plan .......................................................................................... 24
Appendices .............................................................................................................. 26 
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Page 3 of 26 
1. Version History
Version Date Details
0.1 10 Aug 2022 Initial Draft
0.2 06 September 2022 Final draft for Committee on 14/09/2022   
2. Executive Summary
This Strategic Options Case (SOC) provides a breakdown of infrastructure options to
consider to address the future delivery of secondary education capacity and
capability within the Forres Academy Associate School Group (ASG). Within the
options is an early indication of the costs to deliver the options considered. 
The need to strategically address our learning estate across all ASGs comes from
capacity pressures in growth areas such as Elgin, Forres and Buckie where the
predicted housing growth over the next 15 years will result in the need for additional
primary and secondary school capacity. 
In addition, a number of secondary schools within Moray are assessed as below the
required Condition B standard mandated by the Scottish Government. In the case of
Forres Academy it has been recently been assessed as overall Condition D - defined
as life-expired and/or at serious risk of imminent failure. 
There is also a need to consider the changing nature of teaching, drivers for digitally
enabled education, low carbon schools, additional support needs and early learning
& childcare when considering the future of the learning estate. The future of Forres
Academy is a key project within Moray Council’s Learning Estate Strategy (LES) and
a number of options could be eligible for Scottish Government funding support as
part of the Learning Estate Investment Programme (LEIP) Phase 3. This SOC would
form a significant element of the Moray LEIP Phase 3 bid should it be approved at
Committee for submission to Scottish Government in October 2022. 
This SOC builds upon the Project Mandate approved by the Corporate Management
Team in January 2022. It also develops the following: 
• Determining and confirming value for money;
• Preparing for and contracting the case;
• Confirming affordability and financial requirement; and, 
• Planning for successful delivery. 
An Outline Business Case will be drafted for approval once a decision on the type of
project (refurbishment or rebuild) has been made, and a final determination of project
costs has been agreed, together with an agreed project delivery procurement
strategy.  
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Page 4 of 26 
3. The Strategic Case 
Introduction
The purpose of this section is to explain how the scope of the proposed options fit
within the existing business strategies of the organisation and provides a compelling
case for change, in terms of existing and future operational needs. 
Organisational overview
The case has been developed by Moray Council through the Learning Estate
Programme with participation from Education, Housing and Property and Planning.
The case falls within the Moray Council Learning Estate Strategy and would form a
project within the Learning Estate Strategy Delivery Programme. The Project
Sponsor will be the Deputy Chief Executive (Education, Communities and
Organisational Development) and the Senior Responsible Owner will be the Head of
Education Resources and Communities. The Programme Manager (Learning Estate)
will provide operational level responsibility for development of the case and will be
supported in the future delivery of the agreed project by an appointed Learning
Estate Project Manager. 
The Strategic Context
The Moray Council geographical area covers 864 sq. miles (2,238km.sq) and of 32
Local Authorities, Moray is ranked the 8th largest area.  With a relatively small
population of 95,510 Moray is ranked 26th (7th smallest) area in terms of population. 
Overall the Scottish Index of Multiple Deprivation (SIMD) for Moray does not show a
major problem with deprivation when compared with others, but there is an enduring
issue with low wages and under employment and the rural geography presents many
challenges which SIMD data does not reflect.  Moray current has 8 secondary
schools and 46 primary schools. 
Currently 25 Primary Schools and 5 Secondary Schools fall below the B standard for
condition. In addition, there is a requirement to increase the secondary school
capacity in a number of the secondary schools that will require, as a minimum,
investment in new build extensions to existing buildings. 
The current repairs and maintenance backlog, which needs to be addressed to bring
all school buildings to a B/B standard for condition and suitability, was estimated to
cost over £110 million to clear (based on 2013/14 condition surveys and average
inflationary pressure). The Council financial forecasts (10 year Capital Plan) currently
identifies £258 million to be spent over the next ten years to address the current
backlog, and includes an allowance of £172million to provide for capacity growth
through new builds and major refurbishment projects in Forres, Buckie and Elgin.
Unless Moray are to see condition and suitability further decline across the Moray
learning estate, the backlog of repairs and maintenance and providing for new
school capacity needs to remain resourced within the capital plan. 
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Page 5 of 26 
The Scottish Government has announced a Phase 3 of Learning Estate Investment
Programme (LEIP) funding that will become available from the end of 2022 that can
assist in addressing the above financial challenge. 
The LEIP funding seeks to ensure a minimum B/B standard is maintained over a 25
year period for any school project and looks to take a more strategic approach to the
Learning Estate, working with partners to provide greater community use and
facilities at these sites. 
The strategic drivers for this investment and associated strategies, programmes and
plans are contained in the principles of  Scotland’s Learning Estate Strategy:
Connecting People, Places and Learning”. “ 
• Learning environments should support and facilitate excellent joined up
learning and teaching to meet the needs of all learners; 
• Learning environments should support the wellbeing of all learners, meet
varying needs to support inclusion and support transitions for all learners; 
• The learning estate should be well-managed and maintained, making the best
of existing resources, maximising occupancy and representing and delivering
best value; 
• The condition and suitability of learning environments should support and
enhance their function; 
• Learning environments should serve the wider community and where
appropriate be integrated with the delivery of other public services in line with
the place principle; 
• Learning environments should be greener, more sustainable, allow safe and
accessible routes and be digitally enabled; 
• Outdoor learning and the use of outdoor learning environments should be
maximised; 
• Good consultation about learning environments, direct engagement with
learners and communities about their needs and experiences, and an
involvement in decision making processes should lead to better outcomes for
all; 
• Collaboration across the learning estate, and collaboration with partners in
localities, should support maximising its full potential; and,
• Investment in Moray’s learning estate should contribute towards improving
learning outcomes and support sustainable and inclusive economic growth. 
The proposed Moray projects should also build on the ambition of the Local
Outcome Improvement Plan to build a better future for our children and young
people in Moray. They should also support our education strategies: 
• For Morays Children - Education Vision and Strategy 2018 -2021;
• Getting it Right for Every Child;
• Curriculum of Excellence;
• Moray Raising Attainment Strategy 2019; and,
• Our Moray Standard- Learning and Teaching 
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Page 6 of 26 
Business Strategy and Aims
The proposed options build on the ambition in the Local Outcome Improvement Plan
to build a better future for our children and young people in Moray. 
The approach reflects those of the Corporate Plan
• Equalities – providing opportunities for everyone to be their best.
• Empowering – producing better results by collaborating and working to
engage and involve people (partners, businesses and communities).
• Environment – look after the world we live in to protect it for the future.
• Enterprising – consider new approaches to the way we do our business to
increase our income and make services more sustainable for the future.
Local Development Plan 2020 
The Moray Local Development Plan 2020 sets out how much and where growth is
proposed for land uses, including housing. The Growth Strategy for 2020-2030
focusses new development in the primary growth centres of Elgin, Buckie and
Forres. 
Learning Estate Strategy – 2020 
The Developing a Strategic Approach to the Moray Learning Estate document was
recommended to full Council by the Children and Young People Services Committee
in March 2020 and approved in November 2020. The document outlined a new
approach to managing our learning estate that will enable the authority to invest
strategically to provide new capacity in growth areas and to bring schools up to a
standard of condition and suitability that enhances the learning environment (B for
condition and B for suitability across all elements). The strategy recommends an
Associated Schools Group (ASG) based approach to engagement and decision
making, with high level options developed that take account of population growth,
and the condition and suitability of all schools within the ASG, with more detailed
options appraisals taking place with input from all stakeholders. The strategy also
highlights the need to prioritise particular areas, with Elgin, Buckie and Forres
mentioned as areas of initial focus due to the requirement to develop new capacity
over the next 10 years. 
Investment Objectives 
The strategic investment objectives for this project are as follows: 
1. Provide educational benefit – with educational pathways, achievement and
improvement, and opportunities for life-long learning.
• Spaces that support non-traditional learner pathways.
• Supporting employability skills and the transition to further and higher
education and the world of work.
• Human scale design appropriate to the user.
• Meeting the core principles of the curriculum.
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• Delivering a learning journey that supports transition.
• Maximum class sizes of 25 for P1 and composite classes, 30 for P2
and P3 and 33 for P4 to P7.
• Providing environments that support the highest quality teaching and
learning and strengthen leadership in education. 
2. Deliver a sustainable learning estate 
• Move all schools to a minimum B/B standard for suitability and
condition.
• Achieve A/A standard for suitability and condition for new build and
major refurbishment projects. 
3. Adaptable and flexible learning facilities
• Spaces that can be flexible to meet curriculum change and community
need.
• Flexibility to suit different learner pathways.
• Supported by a strong and resilient digital infrastructure. 
4. Provide capacity for pupil forecasts up to 2035. 
5. Support digitally enabled learning
• Infrastructure supports 1.1Gbps.
• Infrastructure that supports equity of access to digital / Wi-Fi.
• A seamless and integrated digital environment across partners and
services
• Supporting the effective use of technology for education and
community.
• Good digital access which supports inclusive economic growth.
• Infrastructure to support a possible role as a central hub for school
clusters. 
6. Delivery of environmental and energy efficiency
• Achieve as a minimum LEIP Stage 3 in-use energy target.
• Meet local Net Zero targets by 2030. 
7. Support inclusive economic growth
• Achieve as a minimum the LEIP funding target for jobs supported
during construction.
• Creating hubs that support best value service delivery.
• Flexible community space that supports new ways of working.
• Spaces that support collaborative working with partners. 
The Case for Change
Moray’s Local Outcome Improvement Plan (LOIP) has a partnership vision of raising
aspirations and our priorities include: 
• Growing a diverse and sustainable economy
• Building a better future for our children and young people in Moray. 
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In terms of outcomes this translates to Moray being: 
• A place where children and young people thrive;
• A place where they have a voice, have opportunities to learn and get around; 
• A place where they have a home, feel secure, healthy and nurtured; and,
• A place where they are able to reach their full potential. 
There is evidence that attainment and post-school destinations vary across Moray
communities and in some areas are below average. Any investment in the learning
estate must help to achieve these ambitions along with those in the Corporate Plan,
which link directly to the outcomes for our children and young people. 
Investment in the learning estate should seek opportunities to create community
hubs with multifunctional facilities that deliver high quality education and support the
aspirations of the wider community. 
Leadership in Education is a key aspect of raising attainment and addressing
variances in outcomes across Moray. Whilst looking at the learning estate and where
recruitment of senior leaders is a challenge, consideration of innovative opportunities
such as 3-18 community campus models, as well as sustaining the current traditional
secondary school with a community use approach, are considered within this SOC 
Delivering these local and national priorities sit at the heart of the 3-18 learning
campus model for Forres ASG.  The model has been developed through a series of
workshops with council officers and partners, drawing on national and local priorities
and work completed to test the options for school organisation for the Forres ASG. 
While the aspirations and principles of the learning model are consistent, the
approach to how they are delivered is flexible to accommodate the character,
geography and needs of different locations. 
The Moray learning campus model addresses the ten guiding principles in the
National Strategy set out above.  In addition there are opportunities to further
enhance the quality of the learning estate as follows. 
a. Placemaking 
Investment in the learning estate offers the opportunity for a place based
approach to improve local outcomes, co-ordinating and integrating local
services to support communities and progress the public sector reform
agenda. The Place Principle (adopted by the Scottish Government in March
2019) promotes a shared understanding of place and the need to take a more
joined up collaborative approach to services and assets within a place to
achieve better outcomes. The lens of place supports a more coherent
approach across portfolios to ensure strategies and policies are aligned and
helps us consider the impact of policies, interventions and investments as a
whole. For capital budgets this means identifying and prioritising the right
projects to achieve the goals of the Place Principle and other government
objectives. The Place Principle is an enabler which helps us, our partners and
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local communities unlock the National Performance Framework and make it
applicable to where and how we live and work. 
b. Education Design Principles
New and refurbished learning estate facilities should ensure that the design is
focused on the following design principles: 
• Futureproofed – to allow for different curriculum approaches;
pedagogical styles, age ranges (including younger children should the
policy change), digital innovation, and formal and informal learning and
social activities;
• Flexible – providing a range of spaces that work together to ensure
maximum flexibility of use to support a wide range of learning and
social activities;
• Suitable – creating high quality learning environments with well-
planned acoustics, digital infrastructure, ventilation, heating and natural
light that enhance the learning activities within them;
• Collaborative – with spaces that encourage pupils, staff and community
to get the best from working together, enabled by high quality digital
infrastructure for all users;
• Welcoming – spaces that create a sense of ownership and identity, and
provide a high quality learning and social experience for a wide range
of users;
• Connected – so that inside and outside spaces work together to
support learning; a campus school  acts as a hub for other schools in
the cluster, and there are strong connections between the campus and
other places of learning and skills in the community;
• Inclusive – actively celebrating education within the community by
facilitating a broad range of opportunities including vocational skills
development, family learning, intergenerational learning, and lifelong
learning for all;
• Innovative – ensuring skills based learning activities drive the space
requirements so they are not constrained by ‘the way we’ve always
done things’;
• Embedded – supported by a change management process that
challenges, prototypes, tests, builds ownership and creates
understanding;
• Inspiring – fun, creative spaces that get the best from all users;
• Accessible – ensuring a wide range of needs can be supported now
and in the future;
• Safe – prioritising security and safeguarding, but with as few ‘barriers’
to use as possible;
• Strengthening pathways – supporting the learner journey including
through transitions and beyond to further and higher education and the
world of work; and, 
• Sustainable – both in terms of environmental and financial
sustainability, and linking to other resources within the community to
add additional value to the investment; 
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c. Construction Quality 
In recent years there have been some examples of poor quality construction
in the learning estate. The heavily publicised incident at Oxgangs Primary
School in Edinburgh placed a focus on the quality of the built environment. It
is essential that any new investment in the learning estate is of the highest
quality in terms of both design and construction. We will work with our
partners including Scottish Building Standards and across the construction
industry to support a focus on improvement.  The recommendations from the
Independent Inquiry into the Construction of Edinburgh Schools (Cole
Report), the Scottish Parliament Education and Skills Committee’s Report on
School Infrastructure and the Construction Procurement Review should be
incorporated into any planned investment. 
d. Low Carbon 
The Scottish Government has an ambitious climate change policy target for all
buildings in Scotland to be near zero carbon by 2050. Reaching this target will
require a change in attitude towards energy, particularly in relation to new
buildings. Increasing energy efficiency in building performance must be
amongst the core objectives of all new infrastructure projects for these
ambitious targets to be achieved. Achievement of these core objectives needs
strategic level support and should be incorporated into any planned
investment. 
e. Digital 
New forms of service delivery, and new and agile forms of learning enabled
by digital technology allow integration of learning experiences and the
creation of new and diverse skills. The use of digital as part of the planning of
the future estate, and future strategies for learning and community use should
be incorporated into any planned investment. There are a number of drivers
for developing our digital ambitions including increasing digital content, along
with a desire for developing opportunities for remote learning and helping to
widen access to learners in rural areas. Children and young people have to be
exposed to a high standard of digital technology to prepare them for work. 
Existing arrangements
The current mainstream capacity of Forres Academy is calculated as 1121 with a
school roll for 2022/23 session expected to be 860 (77% of capacity). Of this 99% of
pupils are expected to be from within catchment. A total of 40 pupils were assessed
as requiring additional support within an enhanced provision (2021/22 census - ASN
marker report). 
The policy of ‘make do and mend’ maintenance, adopted from 2017 to ease overall
financial pressures, and underinvestment in previous years, has left the Moray
Learning Estate below an acceptable standard for maintenance impacting on the
suitability and condition of the majority of schools. Forres Academy has perhaps
fared worse than most. 
Forres Academy has recently been assessed as D condition and C suitability – a
decrease from the previous assessment less than 10 years ago and despite some
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significant ‘make do and mend investment’ over the last 5 years.  A breakdown of the
condition assessment is set out in Table 1. 
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CONDITION SUMMARY MATRIX 
Good – A Performing well and operating efficiently 
Satisfactory – B Performing adequately but showing minor
deterioration
Poor – C Showing major defects and/or not
operating adequately 
Bad –D Life expired and/or serious risk of imminent
failure 
Elements  
Roof
Floors &
Stairs
Ceilings
External Walls,
Windows &
Doors 
Internal Walls
and Doors
Sanitary
Services
Mechanical
Electrical
Decoration
Fixed Internal
Facilities
External areas
Outdoor Sports
Facilities 
OVERALL 
SCORE
CATEGORY
D D D D D D B C C C C C 39.75 D
Table 1: Condition Assessment (2021) - Forres Academy 
Business needs – current and future
The need to strategically address the Learning Estate comes from capacity
pressures in growth areas such as Forres where the predicted housing growth over
the next 15 years will potentially result in the need for additional secondary and
primary school capacity. 
The Forres Associated Schools Group is expected to experience growth in
secondary school capacity as a consequence of planned residential development to
the South and the East of the town up to 2035. The school roll is expected to
increase to a maximum of 997 (89% of capacity) towards the end of the decade.
However, it is anticipated that the mainstream capacity will likely need to be
reassessed in the near to medium term as a consequence of the desire for wider
curriculum choice and additional space requirements to support an increase in pupils
with Additional Support Needs (ASN). 
Although a B/B condition/suitability could be achieved with significant refurbishment
of Forres Academy, the long term value for money opportunities offered by new
build, shared hub facilities and a potential campus solution (which would deliver a
sustainable A/A school that meets LEIP project key requirements) should be
considered within the option appraisals. 
There is also a need to consider the changing nature of teaching and drivers for
digitally enabled education and low carbon school buildings, additional support
needs and early learning and childcare when considering investment in the future of
the learning estate. 
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Potential scope and service requirements
The options within these ranges are considered within the Economic Case. 
Minimum Intermediate Maximum
Potential business
scope 
Invest in school
estate to achieve B
suitability and B
condition 
Meet Secondary
Capacity Requirements
of Forres ASG, 
Refurbish School
across all elements,
address Digital and
Low Carbon aspects,
balance  community
and educational needs
in rationalising the
estate
Deliver Digital and
Low Carbon (e.g.
PassivHaus) within
new design and
balance community
and educational
needs. 
Provide New
modern Campus
models.
Key service
requirements
Meet capacity and
B/B standard and
suitability 
Addresses condition,
suitability,
unsustainable schools,
community needs,
digital and low carbon 
Potential
transformation of
Learning provision 
LEIP key
requirements
Achieve LEIP
funding target for
jobs supported
during construction
Digital infrastructure
supports 1.1 Gbps
Condition A or B for
25 years
Achieve LEIP in-use
energy target of 67
kWh/ sqm/ annum
for core hours of
2,000/annum and
core facilities
Designs to be
developed in line
with BB101 2018/
CIBSE TMS2. 
Table 2: Potential scope and service requirements
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Main Benefits Criteria
Satisfying the potential scope for this investment will deliver the following high-level
strategic and operational benefits. These are set out in Table 3. 
Class Of Objective Main Benefits Benefits Criteria Stakeholders Affected
Strategic (wider social
and Business related)
Improved
Educational
Outcomes 
Equality of
opportunity 
Increase Attainment 
Increase Subject Choice
across the learning
estate 
Scottish Government
Community Planning
Partnership
Moray Residents
Community Councils
Operational
(organisational and
management related)
Value for money 
Sustainable
financial plan
Investment in strategic
interventions to deliver
objectives 
Efficient use of
resources
Building and
maintenance costs
understood and planned
Scottish Government
Moray Council
Northern Alliance
Community Planning
Partnership
Scottish Futures Trust
Moray Residents
Community Councils
Table 3: Main Benefits Criteria   
Strategic risks
The main business and service risks associated with the potential scope for this
project are set out in Table 4. 
Risk categories  Description 
Business risks  Lack of staffing resource to progress
Competing demands for resources.
Lack of engagement with the community.
Miscommunication on strategic approach
Unable to attract Scottish Government funding support
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Risk categories  Description 
Service risks  Dependencies with other projects and maintenance programme
Construction risks – supplier availability, site availability,
delays, overspends.
Project complexity.
Financial impact on Council
Maintenance /refurbishment estimates
External environmental
risks 
Impact on economy either accelerated growth or recession
Public objections (e.g. planning, education act consultation). 
Table 4: Strategic risks 
Constraints and dependencies 
The project is subject to the following constraints:
• Compliance with procurement strategies;
• The scope of the project as defined in the economic case delivers the required
benefits;
• The proposed primary site for a new build option is Common Good and would
require a court order and agreement of the community to procure.
•      The project can be completed within the timescale required to allow the     
benefits to accrue;
• The project needs to be delivered within the budget identified following
extensive financial evaluation during the Outline and Full Business Case
stages;
• Risks are managed to minimise the impact on timescales, costs and quality;
• Resources are available to enable the project to be delivered on time and to
the right quality;
• Competing priorities within partner organisations and the Council; and,
• Provided the project is approved for LEIP Stage 3 support funding compliance
with LEIP Process, Metrics, terms and conditions. 
The project is subject to the following dependencies that will be carefully monitored
and managed throughout the project life-cycle:
• The project is dependent on ongoing political support for the approach to the
Learning Estate;
• Alignment with national policy on the Learning Estate;
• Sufficient financial backing through implementation to ongoing delivery,
including the release of funding dependent on development of a full business
case;
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• Successful engagement with communities and the public on proposals for
each school; and
• The project has sufficient external authorisations to proceed, e.g. planning /
licensing permissions, land rights. 
4. The Economic Case 
Introduction
This is the technical core of the business case and is a fundamental requirement to
demonstrate value for money. 
Having determined the strategic context for the project and established a robust case
for change, this stage of the planning process focuses on the main choices (or
options) available for delivering the required services, with a view to formulating a
preferred way forward for the subsequent approval of management. 
Importantly, it should be noted that an early indication of the possible or preferred
way forward could avoid considerable unnecessary work being undertaken at the
Outline Business Case stage. 
Critical Success Factors (CSFs)
The following Critical Success Factors have been identified to form part of the option
appraisal process:
CSF1 Strategic Fit (Vision /
Government Policy)
How well the option provides holistic fit and
synergy with other key elements of national,
regional and local strategies
CSF2 Potential VFM How well the option maximises the return on the
required spend (benefits optimisation) in terms of
economy, efficiency and effectiveness from both
the perspective of the organisation and wider
society and minimises associated risks.
CSF3 Potential Achievability How well the option is likely to be delivered in
view of the complexity of the option, and the
experience, capability and capacity of the
partners involved.
CSF4 Supply side capacity How well the option matches the ability of the
service providers to deliver the required level of
services and business functionality, and appeals
to the supply-side.
CSF5 Potential Affordability How well the option meets the likely availability of
funding and matches other funding constraints,
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including the capital and revenue consequences
associated with the proposed investment.
CSF6 Alignment with LEIP Phase 3
CSFs
To be developed in accordance with Scottish
Futures Trust Guidance during project phase
(RIBA Stage 1) (will be developed within Outline
Business Case if successful LEIP Phase 3 bid)
Table 5: Critical Success Factors (CSFs) 
The Long-listed Options
The purpose of the long list is to identify as wide a range of options as possible that
meet the spending objectives, potential scope, and benefits criteria identified in the
SOC. It also involves carrying out a detailed SWOT analysis (strengths,
weaknesses, opportunities and threats) on all the options identified. 
Clearly the successful bid for support from LEIP Phase 3 funding would provide
significant favourable weighting in favour of the Intermediate and Maximum options
but at this stage cannot be guaranteed. 
These options were generated by bringing together the needs of Education, Planning
and Property to develop options that met the investment objectives and CSFs at
each stage. The long list of options that were considered was as follows: 
The long list of options considered is set out in Table 6.
Category of Choice Brief Description
Scoping Options
1.1 Do nothing  No change to the current Learning Estate
1.2 Minimum scope Meet secondary capacity requirements of Forres
ASG with Minimum Refurbishment that
addresses the requirement for minimum B
standard condition.
1.3 Intermediate scope A Meet the secondary capacity requirements of
Forres ASG with Major Refurbishment that
meets the LEIP requirements for Low Carbon
and Digital aspects, balances community and
educational needs.
1.4 Intermediate scope B Meet the secondary capacity requirements of
Forres ASG with Major Refurbishment with
Extension that meets the LEIP requirements for
Low Carbon and Digital aspects, balances
community and educational needs.
1.5 Maximum scope A Meet secondary capacity requirements of Forres
ASG with a New Build Secondary School &
Community Hub that addresses Digital and Low
Carbon aspects, balances community and
educational needs
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1.6 Maximum scope B Meet future secondary and future primary
capacity requirements of Forres ASG with a New
Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances
community and educational needs in
rationalising the estate.
Service solution options Option 1: Do nothing
Option 2: Minimum Refurbishment of existing
building
Option 3: Minimum Refurbishment of existing
building with new extension
Option 4: Major Refurbishment of existing
building with option for new extension
Option 5: New build
Service delivery options Option 1: Do nothing
Option 2: In house design and delivery
Option 3: Outsource design and delivery
Option 4: Mix of in house and outsource design
and delivery. Outsourced services if in house not
available and VFM.
Implementation options Option 1: Do nothing
Option 2: Minimum refurbishment and extension
by 2028
Option 3: Major Refurbishment and Extension
(LEIP Stage 3) by Dec 2027
Option 4: New build (LEIP Stage 3) by Dec 2027
Option 5: Option 3: Major Refurbishment and
Extension (Non-LEIP) by 2029
Option 6: New build (Non-LEIP) by 2029 
Funding options Option 1: Do nothing
Option 2: Reserves
Option 3: Capital Borrowing
Option 4: Capital Borrowing plus Scottish
Government
Option 5: Private Sector
Table 6: Long list – summary of inclusions, exclusions and possible options 
Scoping options
In accordance with the Treasury Green Book and Capital Investment Manual, the do
nothing option has been considered as a benchmark for potential VFM.
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An infinite number of options and permutations are possible; however, within the
broad scope outlined in the SOC, only those in Table 6 have been considered in
detail. 
Short-listed Options
The summary of the assessment of the scoping options are set out in Table 7. The
detail of the ‘preferred’ and ‘possible’ options are in the Economic Case at Appendix
1.
Summary assessment of scoping options
Reference
to:
Option
1.1
Option
1.2
Option
1.3
Option
1.4
Option
1.5
Option
1.6
Description
of Option:
Do Nothing Minimum Intermediate
A
Intermediate
B
Maximum
A
Maximum
B
Objective 1 x x ? ✓ ✓ ✓
Objective 2 x ✓ ✓ ✓ ✓ ✓
Objective 3 x x ✓ ✓ ✓ ✓
Objective 4 x x ✓ ✓ ✓ ✓
Objective 5 x x ✓ ✓ ✓ ✓
Objective 6 x x ✓ ✓ ✓ ✓
CSF’S    ✓  
Business
need x x ✓ ✓ ✓ ✓
Strategic Fit x x ✓ ✓ ✓ ✓
Benefits
Optimisation x x ✓ ✓ ✓ ✓
Potential
Achievability x x ✓ ✓ ✓ ✓
Supply side
capacity x ✓ ✓ ✓ ✓ ✓
Potential
Affordability ✓ ✓ ✓ ✓ ✓ ?
Summary Discounted Discounted Possible Possible  Possible Possible 
Table 7: Summary assessment of scoping options
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The ‘preferred’ and ‘possible’ options will be carried forward into the short list for
further appraisal and evaluation. On the basis of this analysis, the recommended
short list for further appraisal within the OBC is as follows:
• Option 1.3 - Meet the secondary capacity requirements of Forres ASG with
Major Refurbishment that meets the LEIP requirements for Low Carbon and
Digital aspects, balances community and educational needs. 
• Option 1.4 - Meet the secondary capacity requirements of Forres ASG with
Major Refurbishment with Extension that meets the LEIP requirements for
Low Carbon and Digital aspects, balances community and educational needs. 
• Option 1.5 - Meet secondary capacity requirements of Forres ASG with a
New Build Secondary School & Community Hub that addresses Digital and
Low Carbon aspects, balances community and educational needs. 
• Option 1.6 - Meet future secondary and future primary capacity requirements
of Forres ASG with a New Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances community and educational needs
in rationalising the estate. 
The indicative costs based on current market conditions and those at expected
project completion (2028) are set out in able 8 below. 
5. Commercial Case 
Introduction
The purpose of the Commercial Case is to demonstrate that the “option” will result in
a viable procurement and well-structured Deal. 
Required Services
The ‘preferred’ option will require a number of project services (including design,
project management, contract management, supply chain management, change
management, quality management) across the following project phases: 
• Concept development/LEIP Phase 3 bid (Closing date 30 Oct 2022)
• Preparation and Brief (Royal Institute of British Architects (RIBA) Stage 1)
• Pre-Construction Design Phase (RIBA Stage 2-4) 
• Mobilisation and Construction Phase (RIBA Stage 5)
• Handover and Close Out (RIBA Stage 6)
• Operational Phase (RIBA Stage 7) 
The procurement strategy for RIBA Stage 1-6 is still to be fully determined. Property
and Housing (Design), Finance (Procurement) and Education Resources and
Communities (Learning Estate) will work together to develop a corporate
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procurement strategy to support the project and ensure value for money is robustly
demonstrated in the future Outline and Full Business Cases. 
The procurement strategy will consider proposed charging mechanisms (e.g. ‘fixed
price’, ‘payment of delivery of agreed outputs’,’ incentive’); proposed standard
contract type and key contractual issues. 
6. The Financial Case
More detailed financial analysis will be carried out in the Outline Business Case. The
range for the assessed possible options indicates a required capital spend of
between £60.5M - £69,600 (with Option 1.4 – Major Refurbishment with Extension
expected to be of greater value) on current market rates which based on current
market uncertainty and inflationary forecasts would be in the range of £79.2M -
£91.1M at earliest project completion of end 2027. 
The project has to sit alongside other similar requirements across the Moray
Learning Estate and will account for a significant proportion of the Councils Capital
spend. Scottish government funding and support, in the form of the Learning Estate
Investment Programme Stage 3 commitment is considered be essential given the
scale and scope of the overall project. 
The overall levels of spend are higher than currently forecast in the Capital Plan and
therefore may impact on the revenue budget of the Council requiring improved
budget settlements and increased savings/cuts to accommodate this priority. 
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Table 8: Indicative Cost Models - Options
40% 45% 50%
Option 1.2 MINIMUM Minimum Refurbishment to B/B Standard 24,702,000£               31,000,000£               N/A N/A N/A 14324 (as existing)
Option 1.3 INTERMEDIATE
Meet the secondary capacity requirements of Forres ASG with Major
Refurbishment that meets the LEIP requirements for Low Carbon and
Digital aspects, balances community and educational needs.
69,600,000£              £             91,100,000 36,400,000£             41,000,000£             45,600,000£             14325 (as existing)
Option 1.4 INTERMEDIATE
Meet the secondary capacity requirements of Forres ASG with Major
Refurbishment with Extension that meets the LEIP requirements for Low
Carbon and Digital aspects, balances community and educational needs.
TBC TBC TBC TBC TBC 15,148 (assumed)
Option 1.5 MAXIMUM
Meet secondary capacity requirements of Forres ASG with a New Build
Secondary School & Community Hub that addresses Digital and Low
Carbon aspects, balances community and educational needs
60,500,000£              £             79,200,000 35,600,000£             40,000,000£             44,500,000£             15,148
Option 1.6 MAXIMUM
Meet future secondary and future primary capacity requirements of
Forres ASG with a New Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances community and educational
needs in rationalising the estate.
66,900,000£              £             87,400,000 35,000,000£             39,300,000£             43,700,000£             16,350
Local Authority Funding RatiosBase Cost 2022OPTIONS
Inflation Allowance
to Financial Close
2026
GIFA m2
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7. The Management Case 
Introduction
This section addresses the ‘achievability’ of the Future Forres Academy project. Its
purpose is to build on the project mandate by setting out in more detail the actions
that will be required to ensure the successful delivery of the project in accordance
with best practice. 
Programme Management Arrangements
The Case is an integral part of the Moray Council Learning Estate Strategy Delivery
Programme, which comprises a portfolio of projects for the delivery of the Moray
Council Learning Strategy. 
Project Management Arrangements
The project will be managed in accordance with good Project Management
methodology – this will incorporate Prince 2, Association of Project Management and
Treasury Green Book best practise.
The project will be managed via a Future Forres Academy Project Board who will
report to the Learning Estate Programme Board that will in turn report to Education,
Children and Leisure Services Committee and Full Council. 
Project Governance and Reporting structure
The proposed project governance and reporting structure is set out below: 
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Project Roles and Responsibilities
The Project Sponsor for the Future Forres Academy project will be Deputy Chief
Executive (Education, Communities and Organisational Development) – Denise
Whitworth. 
The Senior Responsible Owner for the project will be Head of Education Resources
and Communities – Joanna Shirriffs 
The Programme Manager (Learning Estate) - Andy Hall - will provide operational
level oversight of project delivery and will be supported by a Learning Estate Project
Manager.  
A full Project RACI matrix will be developed for the Outline Business Case. 
Project Plan
A high level indicative project plan is set out below. The project completion date of
Dec 2027 is based on current LEIP Phase 3 requirements.
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Appendices
Appendix 1: Economic Case 
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Strategic Options Case 
Version Number: 0.2 Created: 06/09/2022 Saved: 06/09/2022
c:\program files (x86)\neevia.com\docconverterpro\temp\nvdc\8489cb0f-2c15-424b-b0d9-
7d83641fe2f1\c07cc691-3da0-4be4-bb07-539852c5ea69.docx                                                                                                                                        
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The following is to be completed by High Level Governance Board 
Approved By/Date Group or Officer Name Date of meeting/decision
Approval
(choose from drop
down menu) 
Choose an item.
Comments Any relevant comments from the approving authority should be
documented here. 
The purpose of the Strategic Outline Case (SOC) is firstly to establish the case for change
and the need for the proposal; and secondly, to provide a suggested way forward for
the early approval of management providing an ‘initial agreement to proceed’ to
further develop the business case. 
It is important that the ‘preferred way forward’ within the SOC is not confused with the
‘preferred option’ which emerges from the Outline Business Case (OBC). The preferred
way forward provides management with a recommended direction of travel, following
the initial assessment of the long list upon completion of the SOC whereas the preferred
option is the recommended Value for Money (VFM) choice, following the detailed
appraisal of the short list upon completion of the OBC.  
PROJECT REF/NAME Future Buckie High School Future
PROJECT SPONSOR Denise Whitworth
COMPLETED BY Andy Hall
DATE 12 Aug 2022
Project Category Strategic
Item 12a.
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Table of Contents
1. Version History .................................................................................................... 3
2. Executive Summary ............................................................................................ 3
3. The Strategic Case ............................................................................................. 4 
Introduction ................................................................................................... 4 
Organisational overview ................................................................................ 4 
The Strategic Context ................................................................................... 4 
Business Strategy and Aims ......................................................................... 6 
Investment Objectives ................................................................................... 6 
The Case for Change .................................................................................... 7 
Existing arrangements ................................................................................ 10 
Business needs – current and future ........................................................... 11 
Potential scope and service requirements .................................................. 12 
Main Benefits Criteria ............................................................................... 13 
Strategic risks .......................................................................................... 13 
Constraints and dependencies ................................................................ 14
4. The Economic Case .......................................................................................... 15 
Introduction ................................................................................................. 15 
Critical Success Factors (CSFs) ................................................................. 15 
The Long-listed Options .............................................................................. 16 
Scoping options ........................................................................................... 17 
Short-listed Options ..................................................................................... 18
5. Commercial Case .............................................................................................. 19 
Introduction ................................................................................................. 19 
Required Services ....................................................................................... 19
6. The Financial Case ........................................................................................... 21
7. The Management Case ..................................................................................... 21 
Introduction ................................................................................................. 21 
Programme Management Arrangements .................................................... 21 
Project Management Arrangements ............................................................ 21 
Project Governance and Reporting structure ........................................ 21 
Project Roles and Responsibilities ....................................................... 22 
Project Plan .......................................................................................... 22
Appendices .............................................................................................................. 24
Appendix 1: Economic Case ................................................................................. 24 
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1. Version History
Version Date Details
0.1 10 Aug 2022 Initial Draft
0.2 6 September 2022 Final draft for Committee on 14/09/22   
2. Executive Summary
This Strategic Options Case (SOC) provides a breakdown of infrastructure options to
consider to address the future delivery of secondary education capacity and
capability within the Forres Academy Associate School Group (ASG). Within the
options is an early indication of the costs to deliver the options considered. 
The need to strategically address our learning estate across all ASGs comes from
capacity pressures in growth areas such as Elgin, Forres and Buckie where the
predicted housing growth over the next 15 years will result in the need for additional
primary and secondary school capacity. 
In addition, a number of secondary schools within Moray are assessed as below the
required Condition B standard mandated by Scottish Government. In the case of
Buckie High School it has been recently been assessed as overall Condition C -
defined as showing major defects and/or not operating adequately 
There is also a need to consider the changing nature of teaching, drivers for digitally
enabled education, low carbon schools, additional support needs and early years
learning when considering the future of the learning estate. The future of Buckie High
School is a key project within Moray Councils Learning Estate Strategy (LES) and a
number of options could be eligible for Scottish Government funding support as part
of the Learning Estate Investment Programme (LEIP) Phase 3. The SOC would form
a significant element of the Moray LEIP Phase 3 bid should it be approved at
Committee for submission to Scottish Government in October 2022. 
This Strategic Outline Case builds upon the Project Mandate approved by the
Corporate Management Team in January 2022. It also develops the following: 
• Determining and confirming value for money
• Preparing for and contracting the case
• Confirming affordability and financial requirement 
• Planning for successful delivery 
An Outline Business Case will be drafted for approval once a decision on the type of
project (refurbishment or rebuild) has been made and a final determination of project
costs has been agreed together with an agreed project delivery procurement
strategy. 
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3. The Strategic Case 
Introduction
The purpose of this section is to explain how the scope of the proposed options fit
within the existing business strategies of the organisation and provides a compelling
case for change, in terms of existing and future operational needs. 
Organisational overview
The case has been developed by Moray Council through the Learning Estate
Programme with participation from Education, Housing and Property and Planning.
The case falls within the Moray Council Learning Estate Strategy and would form a
project within the Learning Estate Strategy Delivery Programme. The Project
Sponsor will be the Deputy Chief Executive (Education, Communities and
Organisational Development) and the Senior Responsible Owner will be the Head of
Education Resources and Communities. The Programme Manager (Learning Estate)
will provide operational level responsibility for development of the case and will be
supported in the future delivery of the agreed project by an appointed Learning
Estate Project Manager. 
The Strategic Context
The Moray Council geographical area covers 864 sq. miles (2,238km.sq) and of 32
Local Authorities, Moray is ranked the 8th largest area.  With a relatively small
population of 95,510 Moray is ranked 26th (7th smallest) area in terms of population. 
Overall the Scottish Index of Multiple Deprivation (SIMD) for Moray does not show a
major problem with deprivation when compared with others, but there is an enduring
issue with low wages and under employment and the rural geography presents many
challenges which SIMD data does not reflect.  Moray has 8 secondary schools and
46 Primary Schools. 
Currently 25 Primary Schools and 5 Secondary Schools fall below the B standard for
condition. In addition, there is a requirement to increase the secondary school
capacity in a number of the secondary schools that will require, as a minimum,
investment in new build extensions to existing buildings. 
The current repair and maintenance backlog, which needs to be addressed to bring
all school buildings to a B/B standard for condition and suitability was estimated to
cost over £110 million to clear (based on 2013/14 condition surveys and average
inflationary pressure). The Council financial forecasts (10 year Capital Plan) currently
identifies £258 million to be spent over the next ten years to address the current
backlog and includes an allowance of £172million to provide for capacity growth
through new builds and major refurbishment projects in Forres, Buckie and Elgin.
Unless Moray are to see condition and suitability further decline across the Moray
learning estate the backlog of repair and maintenance and providing for new school
capacity needs to remain resourced within the capital plan. 
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The Scottish Government has announced a Phase 3 of Learning Estate Investment
Programme (LEIP) funding that will become available from the end of 2022 that can
assist in addressing the above financial challenge. 
The LEIP funding seeks to ensure a minimum B/B standard is maintained over a 25
year period for any school projects and looks to take a more strategic approach to
the Learning Estate, working with partners to provide greater community use and
facilities at these sites. 
The strategic drivers for this investment and associated strategies, programmes and
plans are contained in the principles of  “Scotland’s Learning Estate Strategy:
Connecting People, Places and Learning”. 
• Learning environments should support and facilitate excellent joined up
learning and teaching to meet the needs of all learners; 
• Learning environments should support the wellbeing of all learners, meet
varying needs to support inclusion and support transitions for all learners; 
• The learning estate should be well-managed and maintained, making the best
of existing resources, maximising occupancy and representing and delivering
best value; 
• The condition and suitability of learning environments should support and
enhance their function; 
• Learning environments should serve the wider community and where
appropriate be integrated with the delivery of other public services in line with
the place principle; 
• Learning environments should be greener, more sustainable, allow safe and
accessible routes and be digitally enabled; 
• Outdoor learning and the use of outdoor learning environments should be
maximised; 
• Good consultation about learning environments, direct engagement with
learners and communities about their needs and experiences, and an
involvement in decision making processes should lead to better outcomes for
all; 
• Collaboration across the learning estate, and collaboration with partners in
localities, should support maximising its full potential; and,
• Investment in Moray’s learning estate should contribute towards improving
learning outcomes and support sustainable and inclusive economic growth. 
The proposed project also builds on the ambition of the Local Outcome Improvement
Plan to build a better future for our children and young people in Moray. It also
supports our education strategies: 
• For Morays Children - Education Vision and Strategy 2018 -2021
• Getting it Right for Every Child
• Curriculum of Excellence
• Moray Raising Attainment Strategy 2019
• Our Moray Standard- Learning and Teaching 
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Business Strategy and Aims
The proposed options build on the ambition in the Local Outcome Improvement Plan
to build a better future for our children and young people in Moray. 
The approach reflects those of the Corporate Plan
• Equalities – providing opportunities for everyone to be their best.
• Empowering – producing better results by collaborating and working to
engage and involve people (partners, businesses and communities)
• Environment – look after the world we live in to protect it for the future
• Enterprising – consider new approaches to the way we do our business to
increase our income and make services more sustainable for the future
Local Development Plan 2020 
The Moray Local Development Plan 2020 sets out how much and where growth is
proposed for land uses including housing. The Growth Strategy for 2020-2030
focusses new development in the primary growth centres of Elgin, Buckie and
Forres. 
Learning Estate Strategy – 2020 
The Developing a Strategic Approach to the Moray Learning Estate document was
recommended to full Council by the Children and Young People Services Committee
in March 2020 and approved in November 2020. The document outlined a new
approach to managing our learning estate that will enable the authority to invest
strategically to provide new capacity in growth areas and to bring schools up to a
standard of condition and suitability that enhances the learning environment (B for
condition and B for suitability across all elements). The strategy recommends an
Associated Schools Group (ASG) based approach to engagement and decision
making, with high level options developed that take account of population growth,
and the condition and suitability of all schools within the ASG, with more detailed
options appraisals taking place with input from all stakeholders. The strategy also
highlights the need to prioritise particular areas, with Elgin, Buckie and Forres
mentioned as areas of initial focus due to the requirement to develop new capacity
over the next 10 years. 
Investment Objectives
The strategic investment objectives for this project are as follows: 
1. Provide educational benefit – with educational pathways, achievement and
improvement and opportunities for life-long learning
• Spaces that support non-traditional learner pathways.
• Supporting employability skills and the transition to further and higher
education and the world of work.
• Human scale design appropriate to the user.
• Meeting the core principles of the curriculum.
• Delivering a learning journey that supports transition.
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• Maximum class sizes of 25 for P1 and composite classes, 30 for P2
and P3 and 33 for P4 to P7.
• Providing environments that support the highest quality teaching and
learning and strengthen leadership in education. 
2. Deliver a sustainable learning estate 
• Move all schools to a minimum B/B standard for suitability and
condition.
• Achieve A/A standard for suitability and condition for new build and
major refurbishment projects. 
3. Adaptable and flexible learning facilities
• Spaces that can be flexible to meet curriculum change and community
need.
• Flexibility to suit different learner pathways.
• Supported by a strong and resilient digital infrastructure. 
4. Provide capacity for pupil forecasts up to 2035. 
5. Support digitally enabled learning
• Infrastructure supports 1.1Gbps.
• Infrastructure that supports equity of access to digital / Wi-Fi.
• A seamless and integrated digital environment across partners and
services.
• Supporting the effective use of technology for education and
community.
• Good digital access which supports inclusive economic growth
• Infrastructure to support a possible role as a central hub for school
clusters. 
6. Deliver environmental and energy efficiency
• Achieve as a minimum LEIP Stage 3 in-use energy target.
• Meet local Net Zero targets by 2030. 
7. Support inclusive economic growth
• Achieve as a minimum the LEIP funding target for jobs supported
during construction.
• Creating hubs that support best value service delivery.
• Flexible community space that supports new ways of working.
• Spaces that support collaborative working with partners. 
The Case for Change
Moray’s Local Outcome Improvement Plan (LOIP) has a partnership vision of raising
aspirations and our priorities include: 
• Growing, a diverse and sustainable economy
• Building a better future for our children and young people in Moray. 
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In terms of outcomes this translates to Moray being: 
• A place where children and young people thrive
• A place where they have a voice, have opportunities to learn and get around 
• A place where they have a home, feel secure, healthy and nurtured
• A place where they are able to reach their full potential 
There is evidence that attainment and post-school destinations vary across Moray
communities and in some areas are below average. Any investment in the learning
estate must help to achieve these ambitions along with those in the Corporate Plan
which link directly to the outcomes for our children and young people. 
Investment in the learning estate should seek opportunities to create community
hubs with multifunctional facilities that deliver high quality education and support the
aspirations of the wider community. 
Leadership in Education is a key aspect of raising attainment and addressing
variances in outcomes across Moray. Whilst looking at the learning estate and where
recruitment of senior leaders is a challenge, consideration of innovative opportunities
such as 3-18 community campus models as well as sustaining the current traditional
secondary school with a community use approach are considered within this SOC. 
Delivering these local and national priorities sit at the heart of the 3-18 learning
campus model for the Buckie ASG.  The model has been developed through a series
of workshops with council officers and partners, drawing on national and local
priorities and work completed to test the options for school organisation for the
Buckie ASG.  While the aspirations and principles of the learning model are
consistent, the approach to how they are delivered is flexible to accommodate the
character, geography and needs of different locations. 
The Moray learning campus model addresses the ten guiding principles in the
National Strategy set out above.  In addition there are opportunities to further
enhance the quality of the learning estate as follows. 
a. Placemaking 
Investment in the learning estate offers the opportunity for a place based
approach to improve local outcomes, co-ordinating and integrating local
services to support communities and progress the public sector reform
agenda. The Place Principle (adopted by the Scottish Government in March
2019) promotes a shared understanding of place and the need to take a more
joined up collaborative approach to services and assets within a place to
achieve better outcomes. The lens of place supports a more coherent
approach across portfolios to ensure strategies and policies are aligned and
helps us consider the impact of policies, interventions and investments as a
whole. For capital budgets this means identifying and prioritising the right
projects to achieve the goals of the Place Principle and other government
objectives. The Place Principle is an enabler which helps us, our partners and
local communities unlock the National Performance Framework and make it
applicable to where and how we live and work. 
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b. Education Design Principles
New and refurbished learning estate facilities should ensure that the design is
focused on the following design principles: 
• Futureproofed – to allow for different curriculum approaches,
pedagogical styles, age ranges (including younger children should the
policy change), digital innovation, and formal and informal learning and
social activities; 
• Flexible – providing a range of spaces that work together to ensure
maximum flexibility of use to support a wide range of learning and
social activities;
• Suitable – creating high quality learning environments with well-
planned acoustics, digital infrastructure, ventilation, heating and natural
light that enhance the learning activities within them;
• Collaborative – with spaces that encourage pupils, staff and community
to get the best from working together, enabled by high quality digital
infrastructure for all users;
• Welcoming  – spaces that create a sense of ownership and identity,
and provide a high quality learning and social experience for a wide
range of users;
• Connected – so that inside and outside spaces work together to
support learning; a ‘campus’ school acts as a hub for other schools in
the cluster, and there are strong connections between the campus and
other places of learning and skills in the community;
• Inclusive – actively celebrating education within the community by
facilitating a broad range of opportunities including vocational skills
development, family learning, intergenerational learning, and lifelong
learning for all;
• Innovative – ensuring skills based learning activities drive the space
requirements so they are not constrained by ‘the way we’ve always
done things’;
• Embedded – supported by a change management process that
challenges, prototypes, tests, builds ownership and creates
understanding; 
• Inspiring – fun, creative spaces that get the best from all users;
• Accessible – ensuring a wide range of needs can be supported now
and in the future;
• Safe – prioritising security and safeguarding, but with as few ‘barriers’
to use as possible;
• Strengthening pathways – supporting the learner journey including
through transitions and beyond to further and higher education and the
world of work; and,
• Sustainable – both in terms of environmental and financial
sustainability, and linking to other resources within the community to
add additional value to the investment. 
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c. Construction Quality 
In recent years there have been some examples of poor quality construction
in the learning estate. The heavily publicised incident at Oxgangs Primary
School in Edinburgh placed a focus on the quality of the built environment. It
is essential that any new investment in the learning estate is of the highest
quality in terms of both design and construction. We will work with our
partners including Scottish Building Standards and across the construction
industry to support a focus on improvement.  The recommendations from the
Independent Inquiry into the Construction of Edinburgh Schools (Cole
Report), the Scottish Parliament Education and Skills Committee’s Report on
School Infrastructure and the Construction Procurement Review should be
incorporated into planned investment. 
d. Low Carbon 
The Scottish Government has an ambitious climate change policy target for all
buildings in Scotland to be near zero carbon by 2050. Reaching this target will
require a change in attitude towards energy, particularly in relation to new
buildings. Increasing energy efficiency in building performance must be
amongst the core objectives of all new infrastructure projects for these
ambitious targets to be achieved. Achievement of these core objectives needs
strategic level support and should be incorporated into planned investment. 
e. Digital 
New forms of service delivery, and new and agile forms of learning enabled
by digital technology allow integration of learning experiences and the
creation of new and diverse skills. The use of digital as part of the planning of
the future estate, and future strategies for learning and community use should
be incorporated into planned investment. There are a number of drivers for
developing our digital ambitions including increasing digital content along with
a desire for developing opportunities for remote learning and helping to widen
access to learners in rural areas. Children and young people have to be
exposed to a high standard of digital technology to prepare them for work. 
Existing arrangements
The current mainstream capacity of Buckie High School is calculated as 944 with a
school roll for 2022/23 session expected to fall to 815 (86% of capacity). Of this 98%
of pupils are expected to be from within catchment. A total of 32 pupils were
assessed as requiring additional support needs (2021/22 census - ASN marker
report). 
The policy of ‘make do and mend’ maintenance , adopted from 2017 to ease overall
financial pressures, and underinvestment in previous years, has left the Moray
Learning Estate below an acceptable standard for maintenance impacting on the
suitability and condition of the majority of schools. Buckie High School has seen the
condition deteriorate during this period. 
Buckie High School has recently been assessed as C condition and C suitability – a
decrease from the previous assessment less than 10 years ago.  A breakdown of the
condition assessment is set out in the Table 1.
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CONDITION SUMMARY MATRIX 
Good - A Performing well and operating efficiently 
Satisfactory - B Performing adequately but showing minor
deterioration
Poor - C Showing major defects and/or not
operating adequately 
Bad -D Life expired and/or serious risk of imminent
failure 
Elements  
Roof
Floors &
Stairs
Ceilings
External Walls,
Windows &
Doors 
Internal Walls
and Doors
Sanitary
Services
Mechanical
Electrical
Decoration
Fixed Internal
Facilities
External areas
Outdoor Sports
Facilities 
OVERALL 
SCORE
CATEGORY
D D C C C D C C C B C B 45.25 C
Table 1: Condition Assessment (2022) – Buckie High School 
Business needs – current and future
The need to strategically address the Learning Estate comes from capacity
pressures in growth areas such as Buckie where the predicted housing growth over
the next 15 years will potentially result in the need for additional secondary and
primary school capacity. 
The Buckie Associated Schools Group is expected to require growth in secondary
school capacity as a consequence of planned residential development to the South
and the West of the town up to 2035. The school roll is expected to increase to a
maximum of 903 (96% of capacity) towards the end of the decade. The impact of
residential development beyond this is less clear and there is a high likelihood that
the school will have no further capacity to manage any school roll fluctuations.
Further it is anticipated that the mainstream capacity will likely need to be
reassessed in the near to medium term as a consequence of the desire for wider
curriculum choice and additional space requirements to support an increase in pupils
with Additional Support Needs (ASN). The qualitative and quantative evidence points
towards the requirement for an extension in secondary school capacity in the Buckie
ASG in the 2030-2032 timeframe. 
Although a B/B condition/suitability could be achieved with significant refurbishment
of Buckie Academy the long term value for money opportunities offered by new build,
shared hub facilities and a potential campus solution (which would deliver a
sustainable A/A school that meets LEIP project key requirements) should be
considered within the option appraisals. 
There is also a need to consider the changing nature of teaching and drivers for
digitally enabled education and low carbon school buildings, additional support
needs and early learning and childcare when considering investment in the future of
the learning estate.
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Potential scope and service requirements
The options within these ranges are considered within the economic case. 
Minimum Intermediate Maximum
Potential business
scope 
Invest in school estate
to achieve B suitability
and B condition 
Meet Secondary
Capacity
Requirements of
Buckie ASG, 
Refurbish School
across all elements,
address Digital and
Low Carbon aspects,
balance  community
and educational
needs in rationalising
the estate
Deliver Digital and
Low Carbon (e.g.
PassivHaus) within
new design and
balance
community and
educational needs. 
Provide New
modern Campus
models.
Key service
requirements
Meet capacity and B/B
standard and suitability 
Addresses condition
suitability,
unsustainable
schools, community
needs, digital and low
carbon 
Potential
transformation of
Learning provision 
LEIP key
requirements
Achieve LEIP funding
target for jobs
supported during
construction
Digital infrastructure
supports 1.1 Gbps
Condition A or B for
25 years
Achieve LEIP in-use
energy target of 67
kWh/ sqm/ annum for
core hours of
2,000/annum and
core facilities
Designs to be
developed in line with
BB101 2018/ CIBSE
TMS2.  
Table 2: Potential scope and service requirements
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Main Benefits Criteria
Satisfying the potential scope for this investment will deliver the following high-level
strategic and operational benefits. These are set out in Table 3. 
Class Of Objective Main Benefits Benefits Criteria Stakeholders Affected
Strategic (wider social
and Business related)
Improved
Educational
Outcomes 
Equality of
opportunity 
Increase Attainment 
Increase Subject  Choice
across the learning
estate 
Scottish Government
Community Planning
Partnership
Moray Residents
Community Councils
Operational
(organisational and
management related)
Value for money 
Sustainable
financial plan
Investment in strategic
interventions to deliver
objectives
Efficient use of
resources 
Building and
maintenance costs
understood and planned
Scottish Government
Moray Council
Northern Alliance
Community Planning
Partnership
Scottish Futures Trust
Moray Residents
Community Councils
Table 3: Main Benefits Criteria 
Strategic risks
The main business and service risks associated with the potential scope for this
project are set out in Table 4.
Risk categories  Description 
Business risks  Lack of staffing resource to progress
Competing demands for resources.
Lack of engagement with the community.
Miscommunication on strategic approach
Unable to attract Scottish Government funding support
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Risk categories  Description 
Service risks  Dependencies with other projects and maintenance programme
Construction risks – supplier availability, site availability, delays,
overspends.
Project complexity.
Financial impact on Council
Maintenance /refurbishment estimates
External environmental
risks 
Impact on economy either accelerated growth or recession
Public objections (e.g. planning, education act consultation). 
Table 4: Strategic risks 
Constraints and dependencies 
The project is subject to the following constraints:
• Compliance with procurement strategies;
• The scope of the project as defined in the economic case delivers the required
benefits;
• The project can be completed within the timescale required to allow the
benefits to accrue; 
• The project needs to be delivered within the budget identified following
extensive financial evaluation during the Outline and Full Business Case
stages;
• Risks are managed to minimise the impact on timescales, costs and quality;
• Resources are available to enable the project to be delivered on time and to
the right quality;
• Competing priorities within partner organisations and the Council; and,
• Provided the project is approved for LEIP Stage 3 support funding compliance
with LEIP Process, Metrics, terms and conditions. 
The project is subject to the following dependencies that will be carefully monitored
and managed throughout the project life-cycle:
• The project is dependent on ongoing political support for the approach to the
Learning Estate;
• Alignment with national policy on the Learning Estate;
• Sufficient financial backing through implementation to ongoing delivery,
including the release of funding dependent on development of a full business
case;
• Successful engagement with communities and the public on proposals for
each school; and
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• The project has sufficient external authorisations to proceed, e.g. planning /
licensing permissions, land rights. 
4. The Economic Case 
Introduction
This is the technical core of the business case and is a fundamental requirement to
demonstrate value for money. 
Having determined the strategic context for the project and established a robust case
for change, this stage of the planning process focuses on the main choices (or
options) available for delivering the required services, with a view to formulating a
preferred way forward for the subsequent approval of management. 
Importantly, it should be noted that an early indication of the possible or preferred
way forward could avoid considerable unnecessary work being undertaken at the
Outline Business Case stage. 
Critical Success Factors (CSFs)
The following Critical Success Factors have been identified to form part of the option
appraisal process:
CSF1 Strategic Fit (Vision /
Government Policy)
How well the option provides holistic fit and
synergy with other key elements of national,
regional and local strategies
CSF2 Potential VFM How well the option maximises the return on the
required spend (benefits optimisation) in terms of
economy, efficiency and effectiveness from both
the perspective of the organisation and wider
society and minimises associated risks.
CSF3 Potential Achievability How well the option is likely to be delivered in
view of the complexity of the option, and the
experience, capability and capacity of the
partners involved.
CSF4 Supply side capacity How well the option matches the ability of the
service providers to deliver the required level of
services and business functionality, and appeals
to the supply-side.
CSF5 Potential Affordability How well the option meets the likely availability of
funding and matches other funding constraints,
including the capital and revenue consequences
associated with the proposed investment.
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CSF6 Alignment with LEIP Phase 3
CSFs
To be developed in accordance with Scottish
Futures Trust Guidance during project phase
(RIBA Stage 1) (will be developed within Outline
Business Case if successful LEIP Phase 3 bid) 
The Long-listed Options
The purpose of the long list is to identify as wide a range of options as possible that
meet the spending objectives, potential scope, and benefits criteria identified in the
SOC. It also involves carrying out a detailed SWOT analysis (strengths,
weaknesses, opportunities and threats) on all the options identified. 
Clearly the successful bid for support from LEIP Phase 3 funding would provide
significant favourable weighting in favour of the Intermediate and Maximum options
but at this stage cannot be guaranteed. 
These options were generated by bringing together the needs of Education, Planning
and Property to develop options that met the investment objectives and CSFs at
each stage. The long list of options that were considered was as follows: 
The long list of options considered is set out in Table 6.
Category of Choice Brief Description
Scoping Options
1.1 Do nothing  No change to the current Learning Estate
1.2 Minimum scope Meet secondary capacity requirements of Buckie
ASG with Minimum Refurbishment and
Extension that addresses the requirement for
minimum B standard condition.
1.3 Intermediate scope A Meet the secondary capacity requirements of
Buckie ASG with Major Refurbishment and
Extension that meets the LEIP requirements for
Low Carbon and Digital aspects, balances
community and educational needs.
1.4 Intermediate scope B Meet secondary capacity requirements of Buckie
ASG with a New Build Secondary School &
Community Hub that addresses Digital and Low
Carbon aspects, balances community and
educational needs
1.5 Maximum scope  Meet future secondary and future primary
capacity requirements of Buckie ASG with a New
Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances
community and educational needs in
rationalising the estate.
Service solution options Option 1: Do nothing
Option 2: Minimum Refurbishment of existing
building with new build extension.
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Option 3: Major Refurbishment of existing
building with new extension
Option 4: New build
Service delivery options Option 1: Do nothing
Option 2: In house design and delivery
Option 3: Outsource design and delivery
Option 4: Mix of in house and outsource design
and delivery. Outsourced services if in house not
available and VFM.
Implementation options Option 1: Do nothing
Option 2: Minimum refurbishment and extension
by 2028
Option 3: Option 3: Major Refurbishment and
Extension (Non-LEIP) by Dec 2027
Option 4: New build (Non-LEIP) by 2029
Option 5: Major Refurbishment and Extension
(LEIP Stage 3) by Dec 2027
Option 6: New build (LEIP Stage 3) by Dec 2027
Option 7: Major Refurbishment and Extension
(Non-LEIP) by 2029
Option 8: New build (Non-LEIP) by 2029 
Funding options Option 1: Do nothing
Option 2: Reserves
Option 3: Capital Borrowing
Option 4: Capital Borrowing plus Scottish
Government
Table 6: Long list – summary of inclusions, exclusions and possible options 
Scoping options
In accordance with the Treasury Green Book and Capital Investment Manual, the do
nothing option has been considered as a benchmark for potential VFM.
An infinite number of options and permutations are possible; however, within the
broad scope outlined in the SOC, only those in Table 6 have been considered in
detail. 
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Short-listed Options
The summary of the assessment of the scoping options are set out in Table 7. The
detail of the ‘preferred’ and ‘possible’ options are in the Economic Case at Appendix
1.
Summary assessment of scoping options
Reference
to:
Option
1.1
Option
1.2
Option
1.3
Option
1.4
Option
1.5
Description
of Option:
Do Nothing Minimum Intermediate
A
Intermediate
B
Maximum
Objective 1 x x ✓ ✓ ✓
Objective 2 x ✓ ✓ ✓ ✓
Objective 3 x x ✓ ✓ ✓
Objective 4 x x ✓ ✓ ✓
Objective 5 x x ✓ ✓ ✓
Objective 6 x x ✓ ✓ ✓
CSF’S    ✓ 
Business
need x x ✓ ✓ ✓
Strategic Fit x x ✓ ✓ ✓
Benefits
Optimisation x x ✓ ✓ ✓
Potential
Achievability x x ✓ ✓ ✓
Supply side
capacity x ✓ ✓ ✓ ✓
Potential
Affordability ✓ ✓ ✓ ✓ ✓
Summary Discounted Discounted Possible Possible  Possible
Table 7: Summary assessment of scoping options
The ‘preferred’ and ‘possible’ options will be carried forward into the short list for
further appraisal and evaluation. On the basis of this analysis, the recommended
short list for further appraisal within the OBC is as follows:
• Option 1.3 - Meet the secondary capacity requirements of Buckie ASG with
Major Refurbishment and Extension that meets the LEIP requirements for
Low Carbon and Digital aspects, balances community and educational needs.
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• Option 1.4 - Meet secondary capacity requirements of Buckie ASG with a
New Build Secondary School & Community Hub that addresses Digital and
Low Carbon aspects, balances community and educational needs 
• Option 1.5 - Meet future secondary and future primary capacity requirements
of Buckie ASG with a New Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances community and educational needs
in rationalising the estate. 
The indicative costs based on current market conditions and those at expected
project completion (2028) are set out in Table 8.
5. Commercial Case 
Introduction
The purpose of the Commercial Case is to demonstrate that the “option” will result in
a viable procurement and well-structured Deal. 
Required Services
The ‘preferred’ option will require a number of project services (including design,
project management, contract management, supply chain management, change
management, quality management) across the following project phases: 
• Concept development/LEIP Phase 3 bid (Closing date 30 Oct 2022)
• Preparation and Brief (Royal Institute of British Architects (RIBA) Stage 1)
• Pre-Construction Design Phase (RIBA Stage 2-4) 
• Mobilisation and Construction Phase (RIBA Stage 5)
• Handover and Close Out (RIBA Stage 6)
• Operational Phase (RIBA Stage 7) 
The procurement strategy for RIBA Stage 1-6 is still to be fully determined. Property
and Housing (Design), Finance (Procurement) and Education Resources and
Communities (Learning Estate) will work together to develop a corporate
procurement strategy to support the project and ensure value for money is robustly
demonstrated in the future Outline and Full Business Cases. 
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Table 8: Indicative Cost Models – Options
40% 45% 50%
Option 2 MINIMUM Minimum Refurbishment to B/B Standard 24,100,000£         £30,125,000 N/A N/A N/A 13,445 (As existing)
Option 3 INTERMEDIATE
Meet the secondary capacity requirements of Buckie ASG with Major
Refurbishment and Extension that meets the LEIP requirements for Low
Carbon and Digital aspects, balances community and educational needs.
67,100,000£         84,700,000£                 33,900,000£                   38,100,000£                   42,400,000£                   13,445 (As existing)
Option 4 INTERMEDIATE
Meet secondary capacity requirements of Buckie ASG with a New Build
Secondary School & Community Hub that addresses Digital and Low
Carbon aspects, balances community and educational needs
66,600,000£         84,100,000£                 33,600,000£                   37,800,000£                   42,100,000£                   14,498
Option 5 MAXIMUM
Meet future secondary and future primary capacity requirements of
Buckie ASG with a New Build 3-18 Community Campus that addresses
Digital and Low Carbon aspects, balances community and educational
needs in rationalising the estate.
75,700,000£         95,700,000£                 38,300,000£                   43,100,000£                   47,900,000£                   18,398
Local Authority Funding RatiosOPTIONS Base Cost 2022 Inflation Allowance to
Financial Close 2026
GIFA m2 (Uplift to metric in
brackets)
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Page 21 of 24 
The procurement strategy will consider proposed charging mechanisms (e.g. ‘fixed
price’, ‘payment of delivery of agreed outputs’,’ incentive’); proposed standard
contract type and key contractual issues.
6. The Financial Case
More detailed financial analysis will be carried out in the Outline Business Case. The
range for the assessed possible options indicates a required capital spend of
between £66.6M - £75.7M on current market rates which based on current market
uncertainty and inflationary forecasts would be in the range of £84.1M - £95.7M at
earliest project completion of end 2027. 
The project has to sit alongside other similar requirements across the Moray
Learning Estate and will account for a significant proportion of the Councils Capital
spend. Scottish government funding and support, in the form of the Learning Estate
Investment Programme Stage 3 commitment is considered be essential given the
scale and scope of the overall project. 
The overall levels of spend are higher than currently forecast in the Capital Plan and
therefore may impact on the revenue budget of the Council requiring improved
budget settlements and increased savings/cuts to accommodate this priority.
7. The Management Case 
Introduction
This section addresses the ‘achievability’ of the Future Buckie HS project. Its
purpose is to build on the project mandate by setting out in more detail the actions
that will be required to ensure the successful delivery of the project in accordance
with best practice. 
Programme Management Arrangements
The Case is an integral part of the Moray Council Learning Estate Strategy Delivery
Programme, which comprises a portfolio of projects for the delivery of the Moray
Council Learning Strategy. 
Project Management Arrangements
The project will be managed in accordance with good Project Management
methodology – this will incorporate Prince 2, Association of Project Management and
Treasury Green Book best practise.
The project will be managed via a Future Buckie HS Project Board who will reported
to the Learning Estate Programme Board that will in turn report to Education,
Children and Leisure Services and Full Council. 
Project Governance and Reporting structure
The proposed project governance and reporting structure is set out below: 
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Project Roles and Responsibilities
The Project Sponsor for the Future Buckie HS project will be Deputy Chief Executive
(Education, Communities and Organisational Development) – Denise Whitworth. 
The Senior Responsible Owner for the project will be Head of Education Resources
and Communities – Joanna Shirriffs 
The Programme Manager (Learning Estate) - Andy Hall - will provide operational
level oversight of project delivery and will be supported by a Learning Estate Project
Manager.  
A full Project RACI matrix will be developed for the Outline Business Case. 
Project Plan
A high level indicative project plan is set out below. The project completion date of
Dec 2027 is based on current LEIP Phase 3 requirements.
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Appendices 
Appendix 1: Economic Case 
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REPORT TO: MORAY COUNCIL ON 28 SEPTEMBER 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 Scheme of
Administrative 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 for 2022/23 and forecast positions for 2023/24
and 2024/25; and 
(ii) That there are still significant uncertainties relating to the Council’s
budgetary position for 2022/23 and future years. 
2.2 It is recommended that the Council approves 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. 
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
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 x of the Minute refers). 
3.2 There is still considerable uncertainty regarding key variables in the budget.  In
particular pay awards have not been agreed.  However it is clear that the 2%
increase assumed when the budget was set will be inadequate.  The revised
Item 12b.
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position summarised in APPENDIX 1 has been updated to incorporate the
impact of the initial 5% pay offer to non-teaching staff which was rejected. 
3.3 When the budget for 2022/23 was set a budget pressure of £2 million for Early
Learning and Childcare (ELC) was included.  This budget pressure was
reversed in the projected budget for 2023/24.  This was always going to be
challenging target and preliminary work by consultants suggests that it is not
achievable.  There are potential savings from ELC but these are likely to be
wiped out by increasing demand.  The consultants’ findings will be reported to
Education and Children’s Services Committee.  The projections in APPENDIX 1
assume that there is no scope for ELC savings in 2023/24.  Indeed, with further
reductions in ELC specific grant expected there may be additional budget
pressures in this area. 
3.4 The impact of the full range of savings discussed below is also included in
APPENDIX 1. 
3.5 APPENDIX 1 has not been adjusted to indicate the impact of a loans pool
holiday, a financial flexibility which is available in 2022/23 only and will provide
flexibility to extend the timescale in which commensurate savings are required
by one year.  Other key areas which have not been adjusted for are: further
increase in pay awards, with the teaching unions having rejected a 5% pay
award, which brings risk that negotiations for all other pay groups are re-
opened; increasing impact of inflationary increases in prices, including the
recently announced Real Living Wage; potential cuts in funding from Scottish
Government following the Spending Review planned for after the UK
Government announces its fiscal event; expected reduction in ELC specific
grant (as the quantum is not yet known)  While therefore the loans pool holiday
provides valuable breathing space to assess and plan in the medium to long
term in this complex environment, there is 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.  
4. BUDGET SAVINGS 2022/23 TO 2024/25 
4.1 Council on 10 August 2022 (paragraph x 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. 
Service Transformation
4.2 The Council entered into a tri-partite agreement with Aberdeen City Council and
Aberdeenshire Council to procure an Energy from Waste plant on a Design,
Build and Operate model.  When the plant is operative the Council will cease to
operate its landfill site, resulting in an anticipated recurring saving of £630,000. 
Income generation
4.3  Delay in the expected date on which the Energy from Waste plant will become
operational gives an opportunity to generate income in the short term.  The
contactor becomes obliged to accept waste from the three local authorities on
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29 October 2022.  It is anticipated that the contractor will use Dallachy to
dispose of Moray’s waste and this will generate income from the contractor for
the period from 29 October until the Energy from Waste plant becomes
operational. Based on current calculations of the volume of waste to be
disposed of, there will be surplus capacity which could be sold to the private
sector.  Over 2022/23 and 2023/24 it is estimated that there is potential to
generate one-off income totalling £975,000. 
4.4 The Roads Maintenance service uses 2 tar sprayer machines to deliver the
surface dressing programme, which is timetabled for May to August.  Outwith
these times the machines would be available to be hired out to other local
authorities or private companies.  Initial enquires to neighbouring authorities
suggests there would be an interest in this and a schedule of charges has been
developed.  Based on this schedule an estimated income of £100,000 is
included.  A further £5,000 is estimated to be achievable from hiring out a fork
lift truck, based at Buckie harbour. 
4.5 Scottish Government set the statutory fees for planning applications and has
recently increased these.  An estimate of the impact of the increase is included
as £210,000 in 2022/23, rising to £400,000 by 2025/26.  Fees generated are
dependent on planning applications made and number and type of planning
applications vary so income has been based on average application levels. 
4.6 The Council receives income from charges for Traffic Regulatory Orders
(TROs) – from contractors, utilities companies, property developers and in
connection with community events.  It is not proposed to increase the charge
for community events.  A 10% increase in other charges would generate
additional income of £16,000.  It is also recommended that a charge of £117
per temporary bus stop is introduced (impacting on contractors and utilities
companies), with anticipated income of £2,000 pa for 2023/24. 
4.7 Income to General Services revenue is generated by recharging work done on
capital projects and to outside bodies.  It is anticipated that additional recharges
can properly be made for Transportation staff (£71,000) and that the
Consultancy section could carry out work currently out-sourced, generating a
further £71,000.  A review of recharges to Grampian Valuation Joint Board
(GVJB) and to the Common Goods and Trusts administered by the Council to
reflect current workloads and to include an element of overhead recovery would
generate savings of £7,000. 
Further savings
4.8 Financial Services have reviewed staffing structures with a view to generating
savings and implemented a Change Management Plan within Accountancy,
restructuring the management of the section and provision of technical support
and replacing one Accountancy Technician post with a trainee accountant post. 
In addition to this it is proposed to delete one vacant 0.3 fte processing
assistant post in Payments as the service have been able to function
adequately whilst carrying the vacancy.  Together these proposals would
generate annual savings of £55,000.  A further £3,000 savings can be
generated by reducing travel and postage budgets to reflect increased use of e-
communication.  A review of the use of purchasing cards across the Council
has identified that not all purchases are supported by the submission of VAT
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receipts to the Payments section.  It is estimated that the Council has lost over
£40,000 in input VAT reclaimed.  It is proposed that the condition that VAT
receipts are submitted is proactively policed. 
4.9 Grampian Valuation Joint Board is funded by requisitions from the constituent
authorities.  The Board has experienced difficulty in recruiting to posts in
2022/23 and an underspend is therefore expected.  That will be returned as a
refund in 2023/24 and it is recommended that an anticipated refund of £50,000
is incorporated in the budget for that year. 
4.10 It is recommended that a one-off saving of £100,000 is generated in 2022/23 by
taking a temporary 40% reduction in the central training budget. This has arisen
largely due to delays in resuming activity after pandemic restrictions were lifted. 
4.11 It is recommended that a 0.2 fte post of Primary School Advisor is deleted at
the end of 2023/24, creating a £15,000 saving in 2024/25.  The post is a
temporary post.  Removing the post would reduce the capacity to provide
additional support to Acting Head Teachers or Head Teachers of Schools with
known difficulties.  Support will continue to be provided by the central Education
team at the agreed core level. 
4.12 Administration procedures within Property Services have been reviewed and it
is recommended that the staffing complement is reduced by 1 fte Grade 3 post,
generating an efficiency saving of £26,000 from streamlined procedures. 
4.13 It is proposed that three-weekly kerbside collection is maintained, enabling
savings of £136,000 to be taken (£54,000 collection vehicle, £82,000 from 3
posts, 1 fte Grade 3, 2 fte Grade 3).  Due to increased house numbers from
new build there is an emerging budget pressure for recycling collections but this
will be dealt with separately in the budget process. 
4.14 Currently 2 in-service days coincide with examination periods.  The school is
closed to most pupils but school transport still has to be provided for pupils
sitting exams. It is recommended that the dates of in-service days are changed
to obviate the need to provide school transport, generating a saving of £6,000
in 2024/25, after the necessary notice of change and consequent amendment
of contracts have been implemented. 
4.15  It is recommended that the budget for 3 Additional Support Needs (ASN)
contracts are reviewed.  Due to advances in provision of on-line educational
services, including free provision of some resources, the budgets for home
tuition for children unable to attend school due to on-going medical treatment
and for training school staff in the use of assistive technology can be reduced,
generating savings of £49,000 in 2022/23 at no loss of service.  The contract
with NHS Grampian for the provision of additional support from the paediatric
speech and language team has been reshaped to reflect the current level of
service and a recurring budget saving of £60,000 is proposed for 2023/24. 
4.16 There is a vacant post on Internal Audit, recently approved to address capacity
issues within the service.  Given the requirement to make significant savings
and in line with approaches taken in other services, it is now proposed that this
post is deleted, generating a saving of £40,000.
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4.17 An underspend on Children’s Services of £650,000 is forecast for 2022/23 and
it is recommended that £600,000 is taken as one-off savings, with recurring
savings of £50,000 in 2022/23 and £54,000 in 2023/24 from the deletion of the
(temporary) post of Head of Children’s Services. 
4.18 The Benefits and Money Advice team have temporary arrangements in place to
support a vacant team leaders post.  The arrangements are working effectively
and it is recommended that the restructure to 4 team leaders is made
permanent, generating savings of £40,000. 
4.19 It is proposed to review and consolidate the contract management IT systems
used by the library service, with efficiency savings of £7,000 anticipated in
2024/25. 
4.20 In summary, the following savings, totalling £2 million recurring savings, are
recommended: 
Para Ref * 2022/23
£000s
2023/24
£000s
2024/25
£000s
2025/26
£000s
Energy from Waste plant –
cease operations at
Dallachy landfill site
4.2 D4-1   630 
Surplus capacity at
Dallachy
4.3 D4-1 250 725
(250)  (725) 
Hire of tar sprayers 4.4 D7-1  100  
Hire of fork lift truck 4.4 D9-3  5  
Statutory planning fees 4.5 E2-1 210 110 40 40
Increase charges for
TROs
4.6 D9-4  16  
Introduce charge for
temporary bus stops
4.6 D9-2  2  
Recharge Transportation
staff
4.7 D9-5  71  
Recharge Consultancy
staff
4.7 D11-1  71  
Recharges to GVJB,
Common Goods, Trusts
4.7 F6-4  7  
Accountancy structure 4.8 F6-3 39 16  
Payments post 4.8 F6-3 10   
Travel and postage 4.8 F6-4 3   
Purchasing cards 4.8 F6-6 10 30  
GVJB refund 4.9 F6-5  50 (50) 
Central training budget 4.10 F4-2 100 (100)  
Primary School Advisor 4.11 A20-1   15 
Property admin 4.12 C5-1  26  
Three-weekly collection 4.13 D4-2  136  
School in-service days
(transport)
4.14 D9-1   6 
ASN contracts 
4.15
A18-1 49 
60  
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Para Ref * 2022/23
£000s
2023/24
£000s
2024/25
£000s
2025/26
£000s
Internal Audit vacant post 4.16 F7-1 40   
Children’s Services – one-
off
4.17 B1-1 600 (600)  
Head of Children’s
Services
4.17 B1-1 50 54  
Benefits and Money
Advice team
4.18 F8-4 40   
Libraries contract
management systems
4.19 A5-6   7 
TOTAL 
Recurring savings   
1,401 
451 
529 
704 
(77) 
698 
40 
40 
‘*  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. 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 required.  As a first step some income generation and other savings
proposals are brought forward, totalling £1.9 million recurring savings,
with additional one-off savings totalling £1.7 million.  There are
considerable uncertainties regarding a number of potential budget
pressures.  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. 
(e) Staffing Implications
There are no staffing implications arising directly from this report.  
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(f) Property
There are no property implications arising directly from this report.   
(g) Equalities/Socio Economic Impact
No implications arise directly from this report. Any savings proposal with
an equalities impact will be subject to an Equalities Impact Assessment.
There are no equalities implications for the savings presented. 
(h) Climate Change and Biodiversity Impacts
There are no implications for climate change and biodiversity arising
from this report. 
(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, however the underlying position is a deficit, funded
by use of ear-marked reserves to balance.  Savings are therefore required
and proposed recurring savings of £1.9 million are set out in this report,
with additional one-off savings of £1.7 million. 
Author of Report: Lorraine Paisey, Chief Financial Officer
Background Papers: Political Group Leaders agenda papers
Ref:  SPMAN-1293228629-755 / SPMAN-1293228629- 
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APPENDIX 1
BUDGET OVERVIEW AS AT 15 SEPTEMBER 2022   
2021/22
Out-
turn 
2022/23  2023/24  2024/25
Revenue Expenditure  £000s  £000s  £000s  £000s
Service allocations (assuming prior
year savings are achieved)   
239,957  251,289  234,308
Adjustments to brought forward
figure:  
(17,542)  (7,707)  (285)
Opening budget  230,097  222,415  243,582  234,023
Estimated over / (under) spend  (3,748)      
Pay and price increases    5,282  3,900  4,000 
(Decrease) / Increase in Loan
Charges   
700  1,700  1,500
New Burdens  6,168  4,040  0  0
Budget pressures         
– Approved or noted for future
years when budget set 
7,254  16,479  1,890  940
- Approved since budget set    50    
- Emerging    4,169    
Service developments – approved
- proposed   
645
-     
Total Expenditure  239,771  253,780  251,072  240,463         
Revenue Funding        
General Revenue Grant / NDRI  181,945  186,515  181,018  181,018
New burdens funding not included in
grant above   
4,040  0  0
Council Tax  44,405  42,065  48,632  50,516
BRIS retention  23  -    
Release from Repairs and Renewals
Reserve   
704    
Financial Flexibilities - 
Funding from General Reserves:        
Further approved funding from Free
General Reserves 
761      
Funded from Ear-marked reserves:        
Transformation  5,161  2,497  1,060  0
Covid  11,224  14,571  2,840  0
Council priorities        
MGD cash flow    193  759  1,136
Total funding  243,519  250,634  234,308  232,670         
Item 12b.
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2021/22
Out-
turn 
2022/23  2023/24  2024/25
SAVINGS REQUIRED    3,195  16,763  7,793         
Savings Summary        
Savings Approved:        
Approved when budget set   1,245  0  0
Temporary savings    68  0  0
Further savings approved   0  63  0
Indicative Savings from I&M
Programme etc  
484  971  482
Other savings proposed   1,401  1,479  698         
Savings to be identified    0  14,250  6,613
Total savings required    3,195  16,763  7,793         
Estimated Free Balance on
General Reserves   
5,000  5,000  5,000  5,000
Estimated Balance on covid
Reserve   
22,086  7,515  4,675  4,675
Estimated Balance on
Transformation Reserve 
5,480  2,983  1,924  1,924
Estimated Balance on Council
priorities 
5,881  5,881  5,881  5,881
Estimated balance on MGD cash
flow reserve 
4,000  3,807  3,048  1,912 
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REPORT TO: MORAY COUNCIL ON 28 SEPTEMBER 2022 
SUBJECT: SCHOOL MEAL DEBT 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Council of the current position in relation to debt from the
purchase of school meals in Moray. 
1.2 This report is submitted to Council in terms of Section II (23) of the Council's
Scheme of Administration relating to revenue expenditure. 
2. RECOMMENDATION 
2.1 It is recommended that Council: 
(i) note the contents of this report; and 
(ii) agree to await further developments at a national level as set out
in para 3.3 before taking any decision on debt write-off. 
3. BACKGROUND 
3.1 Following the publication of a report by the Aberlour Trust, and an open letter
to Scottish Local Authorities queries have been raised about the impact on
families of debt incurred relating to school meals. The Aberlour Trust letter set
out information about the total amount owed by families across Scotland, and
raised concerns about the relationship with the cost of living and hidden
hunger. It also asked local authorities to cancel school meal debt. 
3.2 At the time of writing, it is understood that Edinburgh City Council is the only
authority to have written off outstanding school meal debt. 
3.3 Unpaid school meal debt is pursued in the first instance by the school catering 
service via emails and letters to the pupil’s parent / guardian. These letters 
also contain information on how to pay, and about how to apply for Free 
School Meals if they are eligible. Should this prove unsuccessful and the 
debt continues to grow the issue is transferred to the Council’s Sundry debt 
system and invoices raised for the total value outstanding. The resultant debt 
is then subject to the Councils Sundry Debt Policy and pursued accordingly.
Item 13a.
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3.4 Each case is taken on its own merits, and affordable means of repayment are 
pursued wherever possible. Support from the Money Advice team can also be 
offered. The current school meal debt held in the Council’s sundry debt 
system as at 9 September 2022 is £24,041.85. 
3.5 Across Moray, in line with Scottish Government policy, all Primary 1–5 pupils 
are eligible for free school meals. From Primary 6 through to S6 free school 
meals are provided for those pupils who meet the eligibility criteria set by 
Scottish Government. In Primary 6-7, 65% of those pupils eligible for free 
school meals are currently taking up the provision. For those pupils paying for 
their school meals, schools and the catering service have arrangements in 
place that mean that if a pupil is unable to pay for their meal on a particular 
day they are still provided with a lunch, and payment is dealt with separately 
to ensure that no child goes without food. 
3.6 In May 2021 there was an agreement between Scottish Government and
Scottish Local Authority leaders on the implementation of a phased approach
to universal free school meals for primary school children. This provision has
been implemented for Primary 1–5. Further information is awaited by all
authorities in relation to the final phase of this programme for Primary 6-7 as
there are a number of risks and issues relating to kitchen and dining space
capacity which has an underpinning capital investment requirement in addition
to the required revenue support for operational delivery.   
3.7 COSLA and local government partners are undertaking an exercise in
partnership in order to gain a more robust understanding of school meal debt
and the complexities surrounding this issue in Scotland. This information will
help inform a way forward for local government in relation to this important
issue. The survey is currently out to all local authorities with a closing date for
the end of September. By waiting for the findings of the survey before taking a
position on outstanding school meal debt it enables the potential for a clear
national position to be established and a fully informed decision. In the
meantime it remains the case, as stated above that no pupil is refused a
school lunch, and families are encouraged to check eligibility for free school
meals and access financial support where this can be identified. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This report contains information relating to the Council’s priorities around
Our People and a sustainable council. 
(b) Policy and Legal
This report does not recommend any specific actions at this time but
relates to the Council’s Sundry Debt policy as well as the national
position on free school meals. 
(c) Financial implications
Whilst no financial decision is currently recommended, it should be noted
that when the Council approved the budget for 2022/23 on 22 February
2022 (paragraph 3 of the Minute refers) it balanced only by using
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reserves and one-off financial flexibilities. The indicative 3 year budget
showed a likely requirement to continue to make savings in the order of
£20 million in the next two years.   All financial decisions must be made
in this context and only essential additional expenditure should be
agreed in the course of the year.  In making any determination the
committee should consider whether the financial risk to the Council of
incurring additional expenditure outweighs the risk to the Council of not
incurring that expenditure, as set out in the risk section below and
whether a decision on funding could reasonably be deferred until the
budget for future years is approved. 
(d) Risk Implications
Any decision relating to the write off of debt needs to be considered in
relation to the wider policy on debt management. Whilst child welfare
must always be the primary concern, careful consideration must also be
given to any unintended inference that deliberate non-payment for
school meals is an acceptable position. This risk is best managed
through national initiatives based on a robust understanding of the
issues and effective communication strategies, the work ongoing through
Cosla supporting such an approach.   
(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
Whilst there are clear socio-economic links to the affordability of, and
payment for, school meals, it is recommended that the full impacts are
considered collectively through the national research currently being
carried out.  An EIA focussing on the situation in Moray, will be prepared
and presented with the national information. 
(h) Climate Change and Biodiversity Impacts
There are no climate or biodiversity impacts from this report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment & Finance), Head
of Governance and Strategy, Head of Financial Services, Equalities
Officer, and Committee Services Officer (T Sutherland) have been
consulted and their comments incorporated into this report. 
5. CONCLUSION 
5.1 The observations, and their timely relevance, in the Aberlour Trust open
letter to Scottish local authorities are noted, however, it is important to
consider a number of factors which are currently being collated
nationally before making firm recommendations relating to school meal
debt. 
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Authors of Report:  Nicola Moss, Head of Environmental and Commercial
Services 
Lorraine Paisey, Head of Financial Services   
Background Papers: 
Ref: SPMAN-524642768-780 
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REPORT TO: MORAY COUNCIL ON 28 SEPTEMBER 2022 
SUBJECT: MORAY GROWTH DEAL – BUS REVOLUTION, REVENUE
BUDGET REQUEST 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Council of the revenue budget requirements for implementation
of the Moray Growth Deal ‘Bus Revolution’ project 
1.2 This report is submitted to Council in terms of Section (II) (23) of the Council's
Scheme of Administration relating to approval of revenue budgets 
2. RECOMMENDATION 
2.1 It is recommended that the Council: 
(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 
3. BACKGROUND 
3.1 The Bus Revolution project is part of the Moray Growth Deal and aims to
improve public transport connectivity across Moray by providing additional
demand responsive transport, improving the ease of use of public transport by
the introduction of app based technology, and reducing carbon emissions by
introducing fully electric bus vehicles. 
3.2 The project builds on the existing Dial M demand responsive service, to
extend hours of operation, and particularly aims to tackle transport barriers to
employment. There will be three key capital funding phases throughout the 10
year span of the Growth Deal, each giving the opportunity to incrementally
expand service provision, with a long term aim of providing services seven
days per week from early morning to late evening. 
Item 14a.
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3.3 The Outline Business Case for Bus Revolution was approved in November
2021, with the full Growth Deal being signed in December 2021. The Full
Business Case has been developed and is being reviewed by Scottish
Government with a view to approval during Q3 2022/23. 
3.4 Operational planning has been taking place, and at Economic Development
and Infrastructure Services Committee on 22 March 2022 the Committee
endorsed the first phase of operational plans. 
3.5 Since that time one of the vehicle suppliers contracted to deliver vehicles for
the project withdrew from their contractual commitment to provide two of three
vehicles in August of this year. This means that the operational plans need to
be revised, with the consequential impact on both capital and revenue
expenditure and income. These revised plans are being developed. 
3.6 Notwithstanding the challenge this has presented, Officers are working to
enable to project to go into operation at the earliest practical opportunity. In
order to do so, additional drivers need to be recruited and supporting
contracts – particularly marketing – need to be procured. 
3.7 It is not permitted to commence the recruitment or procurement processes
prior to budget being committed, therefore, this report requests an enabling
revenue budget to be established for Q4 2022/23, with the full revenue budget
impacts to be considered and incorporated as part of the financial planning
process. 
3.8 A revenue budget to incorporate £20k of marketing expenditure and the
recruitment of 7 FTE drivers at a total of £44k is therefore requested – noting
that these figures are pro-rated for Q4 2022/23. 
3.9 The full business case indicates that over the life of the project the fares
income will offset revenue costs. The financial sensitivities of the wider
revenue case will be monitored and escalated as appropriate. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This Growth Deal project contributes to accessibility, economic
development and the climate emergency as set out in the Our Place and
Our Future priorities of the Corporate Plan. 
(b) Policy and Legal
This report relates to the Moray Growth Deal, and the duties under the
Transport Act 1985 to secure the appropriate provision of public
transport services that would not otherwise be met. 
(c) Financial implications
Net revenue budget request of £66k for 2022/23 
When the Council approved the budget for 2022/23 on 22 February
2022 (paragraph 3 of the Minute refers) it balanced only by using
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reserves and one-off financial flexibilities. The indicative 3 year budget
showed a likely requirement to continue to make savings in the order of
£20 million in the next two years.   All financial decisions must be made
in this context and only essential additional expenditure should be
agreed in the course of the year.  In making this determination the
committee should consider whether the financial risk to the Council of
incurring additional expenditure outweighs the risk to the Council of not
incurring that expenditure, as set out in the risk section below and
whether a decision on funding could reasonably be deferred until the
budget for future years is approved. 
(d) Risk Implications
Expenditure of the budget is dependent on conclusion of the Full
Business Case as well as successful recruitment of drivers. The wider
cost and income implications will be set out in the full business case. 
(e) Staffing Implications
Operating the additional services requires the employment of additional
drivers, the costs of which are included in the revenue budget proposals.
The increase in headcount and authority to recruit these posts are
covered under the Scheme of Delegation. 
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
The provision of public transport has equalities and social benefits in
providing access to services, education and employment. An Equalities
Impact Assessment was prepared as part of the Outline Business Case
for the project and can be provided on request. 
(h) Climate Change and Biodiversity Impacts
This Growth Deal project contributes directly to Net Zero targets through
the provision of public transport as an alternative to private car use, and
the introduction of zero emission vehicles in the provision of that public
transport. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance),
Head of Governance, Strategy and Performance, Chief Financial Officer,
Tracey Sutherland, Committee Services Officer and Equalities Officer
have been consulted and their comments incorporated into this report. 
5. CONCLUSION 
5.1 The Bus Revolution project of the Moray Growth Deal is working
towards implementation, and establishment of an enabling revenue
budget is a key stage in bringing the project to fruition. 
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Author of Report: Nicola Moss, Head of Environmental and Commercial
Services 
Background Papers: 
Ref: SPMAN-524642768-777 
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REPORT TO: MORAY COUNCIL ON 28 SEPTEMBER 2022 
SUBJECT: RIVER SPEY FLOOD MITIGATION PROPOSALS 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform 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. 
1.2 The report is submitted to Council in terms of the Council’s Scheme of
Administration Section II (19) relating to a new policy matter which does not
fall within the terms of reference of any Committee. 
2. RECOMMENDATION 
2.1 It is recommended that the Council: 
(i) note current Council Policy on Flood Risk Management; 
(ii) note the findings of the investigation into the two solutions to 
reduce the frequency of flooding at Garmouth; 
(iii)  agree on how the matter should be progressed by either 
maintaining the current policy position (officer recommendation)  
or pursuing one of the options detailed in section 3 of the report  
and summarised in paragraph 3.14; and 
(iv) note the funding and financial implications of pursuing a solution,  
and should one of the two solutions outlined be agreed, agree the  
source of funding from: 
a. council resources
b. community sourced external funding; or 
c. hybrid - the council to fund only any balance of costs
outstanding after an agreed period in which external
funding should be sought by the community should an
option be progressed. 
Item 14b.
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3. BACKGROUND 
3.1 The Council Policy is to deliver schemes that are approved in the Flood Risk
Management Plans, and not to respond to other needs identified in local
communities.  At this time the Flood Risk Management Plans do not include
any flood protection schemes at Garmouth. Under the Flood Risk
Management Act Moray Council has a duty to deliver the measures that are
outlined within the plan and any other measure that are undertaken will impact
on the ability to deliver  measures within the plan. The council policy ensures
compliance with this. A flood protection scheme for Garmouth is not included
in the Flood Risk Management Plan as, based on: 
• the number of properties likely to be impacted by flooding
• the cost of constructing a flood protection scheme
• the cost of damage caused by flooding 
3.2 A scheme, whilst technically feasible, would not be economically feasible with
the cost of the scheme outweighing the costs of damage. Economic feasibility
assessed in this way is an inherent part of managing resources, demand and
statutory duties. 
3.3 At the meeting of Moray Council on 15 September 2021, it was agreed that
Officers would bring a report to the next meeting of Moray Council providing
details of the potential solutions identified by Officers to reduce the flood
frequency at Garmouth.  Officers were also asked to undertake a high level
review of the proposals put forward by the community, based on the report
drafted by Hamish Moir of cbec ecoengineering UK Ltd (cbec) (para 5 of the
minute refers). 
3.4 At the meeting of Moray Council on 30 November 2021, following
consideration of a range of options, it was agreed that Officers would further
investigate the buildability and cost of two of the potential solutions identified
by Officers and report the findings to a future meeting of the Council (para 7 of
the minute refers).  At this meeting Council discussed in detail the
effectiveness of a Low Level Bund (option 2) and Natural Flood Management
(option 6) along with how the initial costs were derived and how they would
work, as well as a request to review the use of the Tetrapod system. It was
proposed that further work was undertaken on these options. 
Low Level Bunds at Railway Embankment
3.5 This solution would involve constructing a low level rock armour bund within
the existing openings on the railway embankment. The cost of undertaking
this solution would be £269,184.87 with the inclusion of 10% inflation due to
the materials being used and 30% for optimism bias. 
3.6 At the meeting on 30 November, Members instructed Officers to review the
possible use of the Tetrapod system to construct the low level bunds. The
review found that tetrapod (a tetrahedral shaped concrete form) could provide
some form of protection, however, due to the sizes of the voids in this system
it would not provide adequate flow reduction. It also found the pods are of a
size that construction of the weir would not be practical in the space available
or provide an appropriate barrier to the flood water. 
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3.7 The Council has taken advice from an All Panel Reservoir (APR) Engineer to
determine if the low level bund proposed would come under the Reservoir
(Scotland) Act 2011 (the Act).  The APR Engineer’s opinion is that the
proposed bund will not come under the Act, as it will not hold water above the
natural bank in that area.  A letter has been sent to SEPA’s Reservoir
Regulation Unit asking for confirmation that the proposed bund will not come
under the Act.  At the time of drafting this report the confirmation had not been
received. 
3.8 This solution would reduce the current frequency of flooding and provide
Garmouth with a level of protection similar to that of 2007 (5.800m Above
Ordnance Datum (AOD)). However, it would not prevent the following: 
- Flooding from the Spey flooding downstream of the Spey Viaduct
- Flooding due to coastal influences
- Flooding through the existing openings in the embankment when the
upstream water level at the weir is greater than 5.800m AOD. 
3.9 It should be noted that this solution will not prevent or reduce the risk of
erosions of the flood plain between the River Spey and the railway
embankment. At some stage in the future works may be necessary to protect
the railway embankment from erosion. 
3.10 A drawing of this solution is provided in Appendix 1 and the costed risk 
register is provided in Appendix 2. 
Natural Flood Management
3.11 This solution involves planting a mixture of native species such as wild gorse
in grouped areas to create a natural structure to impede the flow of water as
well as allowing local sediment deposits to build up. In addition to planting
native species approximately forty four upturned trees, with the root ball above
ground level, would be installed around 5m back from the edge of the river
edge to a depth of approximately 2m.   These trees would allow debris to build
up, which would slow down the flow, creating a better opportunity for sediment
to build up, increasing the level of the bank within the woody areas. 
3.12 Officers met landowners on 13 September 2022 to discuss the proposed
solutions that could be constructed on their land, to reduce the frequency of
flooding at Garmouth.   Landowners agreed in principle to the proposals being
constructed on their land, subject to compensation being agreed.  Work to
produce the data required to inform the compensation agreements will be
progressed if officers are instructed to implement the proposed works, and
indicative costs are included in the overall cost of the solution. 
3.13 The cost of undertaking this solution is £228,958.77. 
3.14 This solution would not immediately provide a reduction in the frequency of
flooding at Garmouth, as it relies on nature to allow the build-up of sediment to
increase the bank levels.  This method works with nature, therefore, it is not
possible to predict the level of protection that will be achieved and how long it
will take to be achieved. However, this solution may reduce the rate of erosion
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in the long term and as sediment builds up the frequency of flooding will
reduce.  A drawing of this option can be found in Appendix 1 along with the
costed risk register in Appendix 3. 
3.15 The proposed solutions detailed in para 3.4 and 3.9 above will address the
increase in flood frequency at Garmouth, which has been caused by erosion
of the left hand bank of the River Spey at Queenshaugh. These proposals will
not stabilise the river in its current position but as erosion occurs the planted
trees will have an impact on reducing the rate of erosion. To progress any of
the solutions identified in Section 3.4 and 3.9 of this report would be in breach
of current Council Policy with regard to Flood Risk Management. Should
Members choose to take a course of action outwith this Policy it may create a
precedent with regard to undertaking flood mitigation works that are not
economically feasible (as highlighted in para 3.1 above, and set out in further
detail in the report submitted to Council on 30 November 2021). 
3.16   Funding sources for any intervention would need to be identified. Any
intervention would not be eligible for Scottish Government grant funding. This
is because the level of protection that each of the proposed solutions will
provide cannot be quantified beyond reducing the flood frequency to 2007
levels. Funding would need to be either i) Council revenue  funding, ii)
community sourced funding or iii) a hybrid approach – so for example the
community could seek external funding for an agreed period reverting to the
council to seek funding only for any remaining balance . 
3.17  The advantages and disadvantages of the two options as assessed by officers
are summarised below: 
Low Level Bund Natural Flood Management
Cost £269.184.87  £228,958.77 inc
Compensation estimate
Advantage • Low cost solution 
• Easy to construct 
• Limited susceptibility to
erosion, as rock will
move and settle 
• No loss of existing flood
plain 
• Reduce frequency of
flooding but not extent 
• Minimal ecological risk 
• Medium term design life 
• Low cost solution
• Positive environmental
impact 
• Easy to construct
• Medium term design life
• No loss of flood plain
• Increased public access
Disadvantages • Possible issue with
regard to compliance
with the Reservoirs Act 
• Only returns risk level to
around 2007 
• Does not protect
Garmouth from flooding ,
but would reduce to the
risk from lower return
• No defined level of
protection for Garmouth 
• Requires land owner
agreement
• Susceptible to erosion
• Loss of farming land
• Does not protect
Garmouth from flooding ,
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events between 1: 2 and
1:10 
• Loss of access through
bridges for vehicular
traffic 
• Increase frequency of
flooding to upstream land
directly above bund 
but would reduce to the
risk from lower return
events between 1: 2 and
1:10   
Effect on Flood
Risk/Frequency
Scheme will reduce the
frequency of flooding with
immediate effect and to
levels similar to that of 2007
Will over time help reduce
the flood risk to Garmouth
but will take time for
vegetation and sediment to
deposit. This could take a
number of years 
4 SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
This report relates to the Corporate Plan areas concerning the
environment. 
(b) Policy and Legal
To undertake flood mitigation works at Garmouth would contravene
Council Policy with regard to Flood Risk Management. Council Policy is
“To deliver schemes that are approved in the Flood Risk Management
Plans”. Where flooding schemes are not progressed through the Flood
Risk Management Plans Moray Council provide support in the following
ways:-
• Supply of at cost Property Level Protection Equipment
• Support to local groups with regards to flood response
• Planning Policy to protect from flooding 
(c) Financial implications
When the Council approved the budget for 2022/23 on 22 February 2022
(para 3 of the minute refers) it balanced only by using reserves and one
off financial flexibilities. The indicative 3 year budget showed a likely
requirement to continue to make savings in the order of £20 million in the
next two years. All financial decisions must be made in this context and
only essential additional expenditure should be agreed in the course of
the year. In making this determination the committee should consider
whether the financial risk to the Council of incurring additional
expenditure outweighs the risk to the Council of not incurring that
expenditure, as set out in the risk section below and whether a decision
on funding could reasonably be deferred until the budget for future years
is approved. 
Should Members agree to fund flood mitigation and/or bank stabilisation
works at Garmouth, this funding would need to come from the Council’s
revenue budget, or community raised funding, as it would not be eligible
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for grant funding from The Scottish Government. It is also not eligible for
capital funding as an asset is not created. 
Should members agree to fund the mitigation measures the final costs
are subject to variation, as whilst an allowance is included for
compensation to landowners, this has yet to be agreed. 
(d) Risk Implications
To progress any of the solutions identified in Section 3.4 and /or 3.9 of
this report would breach current Council Policy with regard to Flood Risk
Management. Should Members choose to breach this Policy it may
create a precedent with regard to undertaking flood mitigation works that
are not economically feasible but which are viewed as crucial by other
communities. 
The proposed natural flood management works may be vulnerable to a
large flood event, similar to works undertaken by Moray Council in 2012
which were washed away due to the size of the flood event. 
(e)   Staffing Implications
There are currently no staff resources within the Consultancy Section
available to undertake the work identified in this report. If any of the
solutions identified in 3.4 or 3.9 are progressed the design and site
supervision work would need to be outsourced at a cost of approximately
£18,000. 
(f)     Property
Low lying properties in Garmouth will continue to flood with increased
frequency if no mitigation works are undertaken.  There will be a
requirement to either enter in to a long term lease or purchase land to
progress the option detailed in para 3.9. If the option outlined at para 3.4
is pursued then landowners will be entitled to compensation as
described in the report, and there may be compensation payable in
relation to the option outlined at para 3.0. 
(g)    Equalities/Socio Economic Impact
There are no equalities / socio economic implications associated with the
recommendations in this report. 
(h)    Climate Change and Biodiversity Impacts
If members are minded to undertake any of the options the implication
on the climate will be minimal. The scheme will not mitigate the risk of
climate change. 
The natural flood management option will increase the bio diversity due
to the use of natural materials to create the flood protection 
(i)     Consultations
Depute Chief Executive (Economy Environment and Finance), Head of
Environmental and Commercial Services, Chief Financial Officer, Legal
Services Manager and Tracey Sutherland, Committee Services Officer
have been consulted and their comments incorporated into the report.
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5. CONCLUSION 
5.1 Officers have undertaken further investigation as requested at a meeting
of Moray Council on 30 November 2021. 
5.2  Following the review it has highlighted that the cost of undertaking the 
Low Level bund would be £269,184.87 and the natural flood Management 
of £ £228,958.77(including compensation). 
5.3 The solution set out in paragraphs 3.4 would reduce the frequency of
flooding to levels similar to those experienced in 2007, The solution set
out in 3.9 will, over time, reduce the frequency of flooding to levels
similar to those experienced in 2007 but the time frame for this cannot
be determined as it uses natural processes.   
Author of Report: Will Burnish, Senior Engineer (Consultancy) 
Background Papers: Appendix 1 - Garmouth Proposed Scheme Drawings 
Appendix 2 - Low Level Bund Risk Register 
Appendix 3 - Natural Flood Management Risk Register 
Ref: SPMAN-524642768-782 
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Page 135

PLAN OF PROPOSED WORKS
scale 1:1000
Location of Low Level Bunds/
Leaky Weir
Location of Low Level Bunds/
Leaky Weir
Approx Location of Embeded
root balls to prevent erosion
and create natural flood management
A total of 44 trees will be required
New Willow woodland.
Approx. Location of Land Drain.
Location to be confirmed prior to works commencing
Approx. Location of Land Drain.
Location to be confirmed prior to works commencing
1500
15002513
2694
LONG SECTION THOUGH BRIDGE HOLE
scale 1:100
New Rock Armour placed along invert to
prevent long term scour.
Existing concrete scour protection
New Rock Armour
Leaky Weir
Existing Bridge
New Disconnection Chamber
Existing Land Drain
Works may be required following
Landowner discussion
45°
Platypus ground anchors or similar approved
with minimum embedment of 2000mm into
undisturbed natural ground
Excavated material
reused and well compacted
to form backfill
Wind Blown tree with Root ball intact.
Minimum trunk dia of 250mm @ 1000mm from
base
Root ball to be at least 3000mm
SECTION THOUGH PROPOSED TREE WORKS
scale 1:50
3381 4245
1318
1622
5150
PLAN OF PROPOSED TREE WORKS
scale 1:50
Wind Blown tree with Root ball intact.
Minimum trunk dia of 250mm @ 1000mm from
base
Root ball to be at least 3000mm
ELEVATION OF PROPOSED TREE WORKS
scale 1:50
17450
1500
250
400
CROSS SECTION THOUGH BRIDGE HOLE
scale 1:100
Existing Concrete
Bridge Approach WallsNew  Rock Armour Leak Weir
Rev. Amendment Details By Ch'd App Date
Issued for:
Drawn: Checked: Approved:
Scale: Date:
RevisionDrawing Number:
© MORAY COUNCIL. ALL RIGHTS RESERVED
GENERAL
1. All dimensions are in mm unless otherwise stated.
2. All Tree for NFM are to be Wind blown and have
minimum truck dia of 250mm
3. All Rock to be source within 20 miles of Garmouth
4. All Excavated soil to be re-used at backfill
5. Platapus anchors are to be installed at 45' angles
and at least 2000mm in to natural undisturbed
ground
NOTES
Reproduced by permission of Ordinance Survey on
behalf of HMSO © Crown copyright and database
right 2012.  All rights reserved.
Ordinance Survey Licence number 100023422
WB
wb
Information
Land Drain added 14/9/22B
OS Grid Ref:
@ A1
MORAY COUNCIL
CONSULTANCY
PO BOX 6760
ELGIN IV30 9BX
TEL: 01343 543451
Item 14b.
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Very Unlikely 0 - 10%
Possible 11 to 30%
Likely 31 to 50%
Very Likely 51 to 70%
Almost Certain 70% to 80%
Risk
the risk is that……...
Documents/Approvals
Unable to Achieve planning
permssion within 6 months of
submission if requierd
Time/Cost Work with Moray Council Planners during the design
stage. Pre scope discuss with Planners any Killer issues 30% Possible High Medium
Unable to Achieve  CAR prior to
works starting
Time/Cost Client to provide list of Key contacts. Contractor to begin
early dialogue to determine consent needs 10% Very Unlikely Medium Low
Unable to get Nature Scot Consent
prior to works starting on site
Time/Cost Client to provide list of Key contacts. Contractor to begin
early dialogue to determine consent needs 10% Very Unlikely Medium Low
Conformation if Reservoirs consent
is required
Time/ Cost Employ Panel Engineering to work with SEPA to
understand risk 10% Very Unlikely High Low
Design
Lack of survey Data Time Undertake Topographical survey prior to design starting 10% Very Unlikely Medium Low
Landownership disputes time and Cost Underteak ownership surveys ealy in project life 25% Possible
Construction 0
Unforseen ground conditions Time/ Cost 20% Possible Medium Low
Condition of Scour protection Time/ Cost Undertake survey prior to design commensing 30% Possible High Medium
Condition of Railway bridge walls Time/ Cost Undertake survey prior to design commensing 30% Possible high Medium
Project Names
Project Status
Cost Centre
Management Centre
Date
Revison
Garmouth Low Level Bunds
Concept
t.b.c
t.b.c
01/09/2022
Key
Likelihood of
occurrence
Impact of
occurrence
Risk no. Consequences of
uncontained risk
time/cost etc
Mitigation measures
to reduce affects of risk
%
Likelihood of
occurrence
Importance
Item 14b.
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Very Unlikely 0 - 10%
Possible 11 to 30%
Likely 31 to 50%
Very Likely 51 to 70%
Almost Certain 70% to 80%
Risk
the risk is that……...
Documents/Approvals
Unable to Achieve planning
permission within 6 months of
submission if required
Time/Cost Work with Moray Council Planners during the design
stage. Pre-scope discuss with Planners any Killer
issues
30% Possible High Medium
Unable to Achieve  CAR prior to
works starting
Time/Cost Client to provide list of Key contacts. Contractor to
begin early dialogue to determine consent needs 10% Very Unlikely Medium Low
Unable to get Nature Scot Consent
prior to works starting on site
Time/Cost Client to provide list of Key contacts. Contractor to
begin early dialogue to determine consent needs 10% Very Unlikely Medium Low
Design
Lack of survey Data Time Undertake Topographical survey prior to deisgn starting 10% Very Unlikely Medium Low
Landownership disputes time and Cost Undertake ownership surveys ealy in project life 25% Possible
Construction 0
Unforseen ground conditions Time/ Cost 20% Possible Medium Low
Condition of Scour protection Time/ Cost Undertake survey prior to design commensing 30% Possible High Medium
extent of erosion quicker than
expected
Time/ Cost Ensure a minium of 5m setback during design and
complete topographical survey 30% Possible high Medium
Project Names
Project Status
Cost Centre
Management Centre
Date
Revison
Garmouth NFM
Concept
t.b.c
t.b.c
01/09/2022
Key
Likelihood of
occurrence
Impact of
occurrence
Risk no. Consequences of
uncontained risk
time/cost etc
Mitigation measures
to reduce affects of risk
%
Likelihood of
occurrence
Importance
Item 14b.
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