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Agenda Document Pack - Corporate Committee - 30/01/2024

Moray Council · 30 January 2024
Back to Corporate Committee — 30 January 2024 and its agenda

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Corporate Committee 
Tuesday, 30 January 2024 
NOTICE IS HEREBY GIVEN that a Meeting of the Corporate Committee is to be
held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on
Tuesday, 30 January 2024 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Item 15 of business
on the grounds that it involves the likely disclosure of exempt
information of the class described in the relevant Paragraphs of Part 1
of Schedule 7A of the Act.”   
4. Minutes of meeting of 7 November 2023 7 - 12
5. Written Questions ** 
6. Regulation of Investagatory Powers (SCOTLAND) ACT
2000
Report by Depute Chief Executive (Economy, Environment and
Finance)  
13 - 16
7. Discretionary Community Rent Rebate Policy
Report by Depute Chief Executive (Economy, Environment and
Economy)  
17 - 24
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8. Proposed 2024 Non Domestic Rates - Empty Property
Relief Policy
Report by Depute Chief Executive (Economy, Environment and
Economy)  
25 - 34
9. Revision of 100% Additional Council Tax Charge Relief
Policy
Report by Depute Chief Executive (Economy, Environment and
Economy)  
35 - 44
10. Proposed 100% Additional Council Tax Premium on
Second Homes
Report by Depute Chief Executive (Economy, Environment and
Economy)  
45 - 48
11. Employee Survey
Report by Depute Chief Executive (Education, Communities and
Organisational Development)  
49 - 68
12. Employment Policy Framework Review
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
69 - 84
13. Scottish Welfare Fund Budget Pressures
Report by the Depute Chief Executive (Education, Communities and
Organisational Development)  
85 - 92
14. Question Time ***
Consider any oral question on matters delegated to the Committee in
terms of the Council's Scheme of Administration. 
Item(s) which the Committee may wish to consider with
the Press and Public excluded   
15. Voluntary Early Retirement -Volutary Severance
Applications [Para 1 and 11]
• 1. Information relating to staffing matters;
• 11. Information relating to any consultations or negotiations in
connection with any labour relations; 
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Watching the Meeting
You can watch the webcast live by going to: 
http://www.moray.gov.uk/moray_standard/page_43661.html    
Webcasts are available to view for 1 year following the meeting.  
You can also attend the meeting in person, if you wish to do so,
please come to the High Street entrance door and a member of
staff will be let into the building. 
Summary of Corporate Services Committee functions:
To regulate, manage and monitor the finances of the Council both
capital and revenue; to deal with staffing policies and practices other
than for teaching staff; to deal with equal opportunities policies and
practices; to deal with procurement policies and priorities; to deal with
all matters relating to the Council’s duty to initiate, maintain and
facilitate Community Planning; to ensure that the organisation,
administrative and management processes of the Council are designed
to make the most effective contribution to achieving the Council’s
objectives; to provide all central support services; to exercise the
functions of the Council in connection with the Registration of Births,
Deaths and Marriages; to deal with valuation and electoral registration
matters.     
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GUIDANCE NOTES 
* Declaration of Group Decisions and Members Interests - The Chair of the
meeting shall seek declarations from any individual or political group at the
beginning of a meeting whether any prior decision has been reached on how
the individual or members of the group will vote on any item(s) of business on
the Agenda, and if so on which item(s).  A prior decision shall be one that the
individual or the group deems to be mandatory on the individual or the group
members such that the individual or the group members will be subject to
sanctions should they not vote in accordance with the prior decision.  Any such
prior decisions will be recorded in the Minute of the meeting. 
** Written Questions - Any Member can put one written question about any
relevant and competent business within the specified remits not already on the
agenda, to the Chair provided it is received by the Proper Officer or Committee
Services by 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than 10 minutes after
the Council has started on the relevant item of business, except with the
consent of the Chair. If a Member does not have the opportunity to put a
supplementary question because no time remains, then he or she can submit it
in writing to the Proper Officer who will arrange for a written answer to be
provided within 7 working days. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee has started on the relevant item of business, except with
the consent of the Chair.  If a Member does not have the opportunity to put a
supplementary question because no time remains, then he/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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MORAY COUNCIL 
Corporate Committee 
SEDERUNT 
Councillor Bridget Mustard  (Chair)
Councillor Kathleen Robertson  (Depute Chair)  
Councillor Theresa Coull  (Member)
Councillor John Cowe  (Member)
Councillor John Divers  (Member)
Councillor Amber Dunbar  (Member)
Councillor Jérémie Fernandes  (Member)
Councillor Sandy Keith  (Member)
Councillor Graham Leadbitter  (Member)
Councillor Marc Macrae  (Member)
Councillor Paul McBain  (Member)
Councillor Shona Morrison  (Member)
Councillor Derek Ross  (Member)
Councillor John Stuart  (Member)
Councillor Draeyk Van Der Horn  (Member)  
Clerk Name: Tracey Sutherland
Clerk Telephone: 07971 879268
Clerk Email: committee.services@moray.gov.uk 
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MORAY COUNCIL 
Minute of Meeting of the Corporate Committee 
Tuesday, 7 November 2023 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor
Amber Dunbar, Councillor Jérémie Fernandes, Councillor Sandy Keith, Councillor
Graham Leadbitter, Councillor Marc Macrae, Councillor Paul McBain, Councillor
Shona Morrison, Councillor Bridget Mustard, Councillor Kathleen Robertson,
Councillor Derek Ross, Councillor John Stuart, Councillor Draeyk Van Der Horn 
IN ATTENDANCE 
The Chief Executive, Depute Chief Executive (Economy, Environment and
Finance), Depute Chief Executive (Education, Communities and Organisational
Development), Head of Governance, Strategy and Performance, Chief Financial
Officer, Head of HR, ICT and Organisational Development, Head of Housing and
Property, Asset Manager - Corporate Property, Complaints Officer, Records and
Heritage Manager and Democratic Services Manager.   
1.         Chair 
The meeting was chaired by Councillor Bridget Mustard.  
2.         Declaration of Group Decisions and Members Interests * 
In terms of Standing Order 21 and 23 and the Councillors’ Code of Conduct, there
were no declarations from Group Leaders or Spokespersons in regard to any prior
decisions taken on how Members will vote on any item on the agenda or any
declarations of Member’s interests in respect of any item on the agenda. 
3.         Resolution 
The meeting resolved that under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media representatives be
excluded from the meeting for Item 18 of business on the grounds that it involves
the likely disclosure of exempt information of the class described in relevant
Paragraphs of Part 1 of Schedule 7A of the Act. 
Paragraph Number of
the Minute Paragraph Number of Schedule 7a and Reason
16
Para 9
Information on terms proposed or to be proposed by the
Authority
17
Para 4
Information relating to any applicant or recipient of any
financial assistance provided by the Authority
Para 9
Information on terms proposed or to be proposed by the
Authority
Item 4.
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4.         Minute of the meeting of 29 August 2023 
The minute of the meeting of Corporate Committee on 29 August 2023 was
submitted and approved.  
5.         Minutes of Special Meeting of 4 October 2023 
The minute of the Special Meeting of Corporate Committee on 4 October 2023
was submitted and approved.  
6.         Written Questions 
The Committee noted that no written questions had been submitted.  
7.         Best Value Progress Report 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
latest progress on the Best Value Assurance Review Strategic Action Plan relating
to the 2019 review and subsequent 2022 follow up report.  
Following consideration the Committee unanimously agreed to:  
i) note progress made on the Best Value Assurance Report (BVAR) Strategic
Action Plan shown in Appendix 1; and    
ii) note that the outcomes of the best value aspects of the 2023 annual audit
report and the findings of the external adviser supporting the Council on
cultural issues associated with best value are being reviewed for future
incorporation into the Best Value Action Plan.   
8.         Improvement and Modernisation Programme Update 
The meeting had before it a report from the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
progress made in developing the projects set out in the Council's Improvement and
Modernisation Programme (IMP).  
Councillor McBain moved to add an additional recommendation to the report
asking that a further report be brought back to identify the cashable savings and
the timescales for these being achieved.  This was seconded by Councillor
Dunbar.  Councillor McBain further added that any actions within the plan which do
not have cashable savings attributed to them should be stopped.  
In response, the Depute Chief Executive (Education, Communities and
Organisational Development) advised that cashable savings have been identified
in the report, any other actions which do not have cashable savings clearly
identified will contribute to savings in the future.  
Following further consideration, Councillor McBain withdrew his motion and the
Committee unanimously agreed to note progress on the projects set out in the
Council's Improvement and Modernisation Programme. 
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9.         Complaints Annual Report 2022-23 
The meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
Council's Complaints Annual Report 2022-23.  
Following consideration the Committee unanimously agreed to:  
i) note the contents of the Complaints Annual Report; and    
ii) approve the report for submission to the Scottish Public Services
Ombudsman (SPSO).   
10.         Information Governance Annual Report 2023 
A meeting had before it a report by the Depute Chief Executive (Education,
Communities and Organisational Development) providing Committee with a report
on Information Governance activities within the Council and in particular on
improvements made for 2022/23.  
Following consideration the Committee agreed to note the current Information
Governance compliance for 2022/23 as set out in the Annual Report in Appendix 1
and summarised in Section 4.  
11.         Performance Report - Financial Services  Period to September 2023 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) informing Committee of the performance of the Service
for the period to 30 September 2023.  
Following consideration, the Committee unanimously agreed to:   
i) note performance in the areas of Service Planning, Service Performance and
other related data to the end of September 2023; and    
ii) note the actions being taken to improve performance where required.   
12.         Performance Report - Governance, Strategy and Performance -
Period to September 2023 
The meeting had before it, a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
performance of the service for the period to 30 September 2023.  
Following consideration, the Committee unanimously agreed to:   
i) note performance in the areas of Service Planning, Service Performance and
other related data to the end of September 2023; and    
ii) note the actions being taken to improve performance where required.   
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13.         Performance Report - HR ICT and OD Period to September 2023 
The meeting had before it, a report by the Depute Chief Executive (Education,
Communities and Organisational Development) informing the Committee of the
performance of the service for the period to 30 September 2023.  
Following consideration, the Committee unanimously agreed to:   
i) note performance in the areas of Service Planning, Service Performance and
other related data to the end of September 2023; and    
ii) note the actions being taken to improve performance where required.   
14.         Trust Properties in Elgin 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) inviting the Committee to consider a mechanism for
bringing vacant residential properties held under public trust back into use.  
Following consideration the Committee unanimously agreed:  
i) in principle to the four vacant Trust properties being leased to the Council on
terms and conditions to be agreed by the Head of Housing and Property,
Head of Governance, Strategy and Performance and the Chief Financial
Officer; and    
ii) to authorise the Chief Financial Officer, in consultation with the Head of
Housing and Property and the Head of Governance, Strategy and
Performance, to agree the detailed terms of the lease subject to the proposal
being financially sustainable.    
15.         Question Time 
Porta cabin Update
Under reference to paragraph to paragraph 19 of the minute of the meeting of 29
August 2023 Councillor Ross stated that he was yet to receive the update on the
sale of the portacabins.  
In response the Depute Chief Executive (Economy, Environment and Finance)
apologised to Councillor Ross and sought to ensure the update was circulated.  
The Head of Housing and Property confirmed that an update had been presented
to the Audit and Scrutiny Committee as actions highlighted from the Internal Audit
had now been completed.  He further added that the portacabins had been
marketed and there had been a number of expressions of interest received which
would be considered.  
Common Good Land Forres
Under reference to paragraph 21 of the minute of the meeting of 29 August 2023,
Councillor Coull sought clarification on whether there was any update following the
decision at the last meeting to reject the rent rebate application and the request to
remove the option to resume possession.  
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In response, the Chair confirmed that following a request from Forres Community
Council, she had met with Forres Community Council and Transition Town Forres
along with the 4 Forres Ward Councillors.  She further added that there was no u-
turn on the decision but options are being discussed to look at ways for the Council
to open up the discussion again and it is hoped that an agreement which satisfies
all parties can be reached.  The Chair further confirmed that a report will come
back to Committee for agreement following the discussions.  
Council Surveys
Councillor Van Der Horn sought agreement to change the drop down option on
Council Surveys enquiring as to the sex of the responder and the options from
male/female/prefer not to say to male/female/prefer not to say/identify another
way.  He further added that this is in light of the many people who do not sit
comfortably with the term man or woman and would like another way of expressing
themselves within the surveys.  
In response, the Head of Governance, Strategy and Performance confirmed that
equalities information in surveys is requested in a proportionate way and he
confirmed that he was happy to discuss the issue with colleagues regarding future
surveys.  
The Depute Chief Executive (Education, Communities and Organisational
Development) also confirmed that she would be happy to take the suggestion
away and get further advice, however the definitions used are taken from the latest
census process to ensure a standardised set of data is available.   She further
added that Officers would be happy to take on board the point but would be keen
to ensure that the Council is taking a standardised approach in collecting the data.  
The Chair advised that she had raised a similar issue at a previous Housing and
Community Safety Committee and the Head of Housing and Property had provided
a response.  The Chair asked whether the information provided then could be the
basis for further consideration.  
Councillor Van Der Horn confirmed he was happy with this suggestion.  
16.         Longmore Hall [Para 9] 
The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) inviting the Committee to consider an asset transfer
request made outwith the Community Empowerment (Scotland) Act 2015 in
respect of Longmore Hall, Banff Road, Keith.  
Following consideration the Committee unanimously agreed to:  
i) approve the main terms lease of Longmore Hall, Keith to the Longmore
Community Hall Group, as set out in para 5.1 of the report; and 
ii) authorise the Legal Services Manager to agree detailed terms of lease with
Longmore Community Hall and conclude the transaction.   
17.         Review of Rent Rebate [Para 4 and 9] 
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The meeting had before it a report by the Depute Chief Executive (Economy,
Environment and Finance) inviting the Committee to review the rent rebate
awarded to a local golf club in respect of the Golf Course.  
Councillor Coull moved to accept the application for a renew of the rent
rebate.  Councillor Coull felt that the Club was fairly small and the extra money, if
the rent rebate was not agreed, is a large amount for the club to find.  This was
seconded by Councillor Leadbitter.  
Councillor Mustard, seconded by Councillor Ross proposed the recommendations
as printed in the report.  
On the division there voted:  
For the Motion (1) Councillor Coull
For the Amendment (11)
Councillors Mustard, Ross, Cowe, Divers, Dunbar,
Keith, Leadbitter, Macrae, McBain, Morrison and
Robertson
Abstention (3) Councillors Fernandes, Stuart and Van Der Horn  
Accordingly the amendment became the finding of the meeting and the Committee
agreed to:  
i) refuse the application for a renewal of the rent rebate for the reasons set out
in paragraph 6.1 of this report; and    
ii) instruct Officers to review the Council's policy on Community Rent Rebates,
bringing a report back to the Committee for future consideration.     
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REPORT TO:   CORPORATE COMMITTEE 30 JANUARY 2024 
SUBJECT: REGULATION OF INVESTIGATORY POWERS (SCOTLAND) ACT
2000 AND REGULATION OF INVESTIGATORY POWERS ACT
2000 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To invite Council to note the use made of covert surveillance by Council
employees in the course of their duties for the years 1 April 2021 to
31 December 2023, and the acquisition of communications data by Council
employees in the course of their duties for the years 2021 to 2023. 
1.2 This report is submitted to Council in terms of Section I (3) of the Council’s
Scheme of Administration as this matter would previously have been
considered at the Policy and Resources Committee. 
2. RECOMMENDATION 
2.1 It is recommended that the Council consider and note: 
i) the use of covert surveillance by Council employees in the course
of their duties for the period from 1 April 2021 to 31 December
2023; and 
ii) the acquisition of communications data by Council employees in
the course of their duties for the years to 31 December 2021, 2022
and 2023 for information purposes only. 
3. BACKGROUND 
Covert Surveillance 
3.1 A report was submitted to the Policy and Resources Committee on 27 April
2010 (para 7 of the Minute refers) regarding a revised policy for the Regulation
of Investigatory Powers (Scotland) Act 2000 (RIPSA).  The Committee
approved the revised policy and decided, as surveillance is such a sensitive
issue, that an annual report on the use of surveillance by Council employees
in the course of their duties be submitted.  Annual reports provide information
Item 6.
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to 31 March in any given year to tie in with the statistical return period used by
the Office of the Surveillance Commissioner.  This report covers the period
from 1 April 2021 to 31 December 2023 to cover the period for the last three
years. The annual report was not submitted to Committee last year nor over
the pandemic. 
3.2 RIPSA was introduced to make sure that the surveillance of a person(s) was
properly regulated, and to regulate information obtained from third parties
when the subject of the activity is not aware of either the surveillance or
information gathering. RIPSA controls: 
• Directed surveillance
Directed surveillance is defined as surveillance that is covert ie the
person is unaware that it is or may be taking place, but not intrusive,
undertaken “for the purposes of a specific investigation or operation”
and in such a manner as is likely to result in the obtaining of private
information about a person.
• Use of covert human intelligence sources; 
A covert human intelligence source (CHIS) is defined as a person who
establishes or maintains a personal or other relationship with another
person for the covert purpose of facilitating anything that:
i) covertly uses such a relationship to obtain information or to provide
access to any information to another person; or       
ii) covertly discloses information obtained by the use of such a
relationship or as a consequence of the existence of such a
relationship.
• Intrusive surveillance 
Local authorities are not permitted to carry out intrusive surveillance.
Intrusive surveillance is covert and targeted at anything taking place on
residential premises or in a private vehicle and involves the use of a
surveillance device or an individual on the premises or in the vehicle or
if not on the premises or in the vehicle it nevertheless provides
information of the same quality as if it were. 
3.3 As regards directed surveillance - 1 authorisation was granted during the year
to 1 April 2021 to 31 March 2022 and none were in force at the end of the
year, this related to the sale of vaping products.  Between 1 April 2022 and
31 March 2023 there were 3 authorisations granted for monitoring the sale of
vaping related products and online claims and activities for services.  No
authorisations were granted between 1 April 2023 and 31 December 2023;
there are currently no live authorisations. 
3.4 In relation to the use of covert human intelligence sources (CHIS) 2
authorisations were granted during the year to 1 April 2021 to 31 March 2022,
2 authorisations were granted between 1 April 2022 and 31 March 2023 and
no authorisations were granted between 1 April 23 and 31 December 2023,
none were in force at the end of the year.  These related to investigations into
the sale of second hand goods, the sale of vaping products and the possible
sale of vehicles by an unlicensed dealer. Although 8 authorisations in total
were granted over the course of the last three years, a single investigation
may require two or more authorisations for directed surveillance and use of
CHIS The authorisations cover 7 separate investigations.
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3.5 In relation to breaches in procedures, there were no breaches in procedure
and minor issues were considered by addressing the issue with the
authorising officer. 
Communications Data
3.6  A report was submitted to the Policy and Resources Committee on 12 March
2013 (para 9 of the Minute refers) regarding a revised policy for accessing
communication data in terms of the Regulation of Investigatory Powers Act
2000 (RIPA).  The Committee approved the revised policy and decided that an
annual report on the acquisition of communications data by Council
employees in the course of their duties be combined with the report on the use
of surveillance under the Regulation of Investigatory Powers (Scotland) Act
2000.  Annual reports provide information to 31 December in any given year to
tie in with the statistical return period used by the Interception of
Communications Commissioner Office. 
3.7 In the calendar years 2021, 2022 and 2023 there were no notices requiring
disclosure of communications data; there were no authorisations of conduct to
acquire communications data; no applications submitted to a Designated
Person were rejected; and no authorisations or notices were processed via the
National Anti-Fraud Network. 
Inspection
3.8 The Council is inspected every 3 years for compliance with the legislation. The
last inspection took place in February 2021 and the Council received a good
report with no recommendations for corrective actions.  
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The use of investigatory powers, where appropriate, contribute towards
National Outcome 9 – we live our lives safe from crime, disorder and
danger.  There are no other implications. 
(b) Policy and Legal
The policies enable the Council to ensure appropriate checks and
balances in terms of RIPSA and RIPA are in place within Moray
thereby ensuring that covert surveillance activities and acquisition of
communications data is conducted in an efficient and proportionate
manner and in accordance with the legislation. 
(c) Financial implications 
There are no direct financial implications arising from this report. 
(d) Risk Implications
None. 
(e) Staffing Implications  
None.
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(f) Property  
None. 
(g) Equalities/Socio Economic Impact
There are none because the recommended actions do not affect
people. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Consultation has taken place with the Depute Chief Executive
Economy, Environment and Finance, the Legal Services Manager, the
Head of Legal and Democratic Services, the Equal Opportunities
Officer and Democratic Services Manager and their comments
incorporated into the report. 
5. CONCLUSION 
5.1 The report details the use made of covert surveillance by Council
employees in the course of their duties for the last 3 years and the
acquisition of communications data by Council employees in the course
of their duties for the period to 31 December 2023 and invites the
Committee to consider and note the report. 
Author of Report: Jim Grant (Head of Economic Growth and Development)
Background Papers:   
Ref: SPMAN-813460984-465     
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: DISCRETIONARY COMMUNITY RENT REBATES 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1 REASON FOR REPORT 
1.1 To invite the Committee to consider policy change options for the award of
discretionary rent rebates to voluntary and community bodies (VCOs). 
1.2 This report is submitted to the Corporate Committee in terms of Sections (III)
(B) (22) and (30) of the Council’s Scheme of Administration relating to its
strategy, policy, budgetary and monitoring arrangements for the third sector
and to the monitoring and review of concessionary rentals respectively. 
2. RECOMMENDATION 
2.1 It is recommended that Committee approve the introduction of
additional eligibility criteria as set out in paragraph 4.3 of this report. 
3. BACKGROUND 
3.1 The Community Empowerment (Scotland) Act 2015 introduced a right for
community bodies to make requests to public authorities for any land or
buildings they felt they could make better use of.  Eligible community bodies
can request a transfer of ownership, a lease or other rights.  The Act requires
public authorities to assess each valid request transparently and to agree the
request unless there are reasonable grounds for refusal. 
3.2 Applications for new leases at concessionary rents are dealt with under the
Council’s Community Asset Transfer (CAT) Scheme.  As the Act does not
confer any rights to apply for rent rebates in respect of existing leases, all
such applications are considered entirely at the Council’s discretion. 
3.3 Historically, the Council provided rental support to VCOs by means of entering
into leases at nominal rents with no provision for a review of the rent payable
during the lifetime of the lease.  From 23 March 2005, the Council changed
the way it handled rental support, with the rent payable set at a commercial
rate but with the award of a time-limited Community Rent Rebate.  Rebates
are subject to regular review and, as each lease comes to an end, any
request for a new lease involving rental support will be determined under the
Item 7.
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CAT scheme.  The Community Rent Rebate scheme is only open to VCOs
that lease property from the Council. 
3.4 On 30 August 2022, the Corporate Committee agreed that VCOs that have an
existing lease from the Council, but which do not currently enjoy any form of
rental support may apply for a discretionary rent rebate whenever the rent
payable under the lease is reviewed (paragraph 10 of the Minute refers).  No
new applications have since been received. 
3.5 On 7 November 2023, the Corporate Committee instructed officers to review
the Council’s policy on Community Rent Rebates (paragraph 17 of the draft
Minute refers). 
3.6 The options presented in this report do not apply to public trust property. 
Decisions made in respect of rental concessions for trust property are
governed by the trust purposes, which will be specific to each trust. 
4. OPTIONS APPRAISAL 
4.1 There are four options open to the Council in relation to determining
applications from existing VCO tenants for discretionary rent rebates. 
1. No change
2. Introduce additional eligibility criteria
3. Close the scheme to new applicants
4. Close the scheme entirely 
4.2 Under option 1, all applications for discretionary rent rebates would continue
to be determined entirely on their own merits.  Although the pre-application
process provides a mechanism of advising potential applicants of issues than
may lead to a recommendation for refusal, they can still proceed with their
application.  Consequently, this option has the disadvantage that it could lead
to a significant amount of abortive work by VCOs and officers due to the high
likelihood that some applications would be recommended for refusal due to
the strong financial position of the applicants. 
4.3 Under option 2, the award of discretionary rent rebates would be restricted to
small local VCOs where the organisation has: 
(i) unrestricted reserves no greater than £100,000; or
(ii) an annual income no greater than £300,000. 
4.4 The above criteria are consistent with the Council’s current policy on the
award of discretionary non-domestic rates relief.  By providing initial guidance
to potential applicants, this option would reduce the amount of abortive work
by both VCOs and officers and reduce the number of applications being
brought to Committee.  Eligible VCOs would still need to demonstrate that the
requested discount is the minimum necessary to allow the project to proceed
and that it is commensurate with the likely benefits of the project.  
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4.5 Under option 3, existing beneficiaries would continue to have their rebates
reviewed in accordance with the current arrangements, with VCOs being
required to justify any continuation of the award as with option 2 above.  Over
time, the number of beneficiaries would reduce to zero as each lease comes
to an end, at which point eligible VCOs would have the option of making a
request for a new lease at less than market value under the CAT Scheme. 
4.6 Under option 4, existing beneficiaries would continue to enjoy a rent rebate
until such time as the rent payable under the lease is due to be reviewed. 
They would not be able to apply for a continuation of the rebate. 
4.7 A list of existing beneficiaries is included in Appendix 1 to this report.  Under
option 3, each rebate would be reviewed with effect from the dates in the last
column.  Under option 4, with the exception of those relating to public trusts,
the rebates would cease on these dates. 
5. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Each application is unique to the VCO making it and any links to the
Corporate Plan or LOIP will be assessed at the time of the application. 
(b) Policy and Legal
On 21 March 2017, the Policy and Resources Committee approved the
following policy statement in relation to the transfer of assets to the
community (paragraph 5 of the Minute refers): 
“Moray Council recognises the important role that the transfer of property
assets can play in empowering communities and strengthening their
resilience.  Where appropriate, the Council will use the transfer of assets
to give more control to communities and local people, inspire them to
find local solutions to community needs, and as a means of helping
communities become more sustainable in the long term.  In determining
all asset transfer requests, the Council will have regard to the guidance
provided by the Scottish Government in relation to asset transfer
requests made under Part 5 of the Community Empowerment (Scotland)
Act 2015, whether or not such requests are made under the provisions
contained in the Act.” 
Decisions relating to assets leased at less than market value must
comply with the Disposal of Land by Local Authorities (Scotland)
Regulations 2010, which require the Council to be satisfied that the
proposed rental discount is reasonable and that the supported activities
are likely to contribute to the promotion or improvement of any of the
following purposes:
(i) Economic Development,
(ii) Regeneration,
(iii) Public Health,
(iv) Social Wellbeing, or
(v) Environmental Wellbeing.
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Reasonableness in this context is taken to imply that the requested
discount is the minimum necessary to allow the project to proceed and
that it is commensurate with the likely benefits of the project. 
(c) Financial Implications
The current value of the community rent rebates are set out in the
Appendix to this report.  Under option 1, this value is likely to increase
over time as rents/rebates are reviewed and new applications are
approved.  The financial implications of option 2 would be the same as
for option 1 but would involve less VCO and officer time.  Although the
value of the rent rebates would fluctuate under option 3 depending upon
the outcome of future reviews, there will be a reduction over time due to
leases expiring.  Under option 4 the value of rent rebates would be fixed
for the duration of the remaining period until each review when they
would cease entirely. 
(d) Risk Implications
There are no risk implications for the Council arising directly from this
report.  There is a risk that some organisations might be unable to afford
the increased costs if the rebates were discontinued entirely under
option 4.  Any specific risks associated with each application would be
set out in future case-specific reports under options 1, 2 and 3. 
(e) Staffing Implications
There are no staffing implications arising from this report as the work
required under each option would be carried out using existing staff
resources. 
(f) Property Implications
There are no property implications arising directly from this report. 
(g) Equalities/Socio Economic Impact
The Council has no duty to provide financial support to the beneficiaries
under the scheme, all of whom undertake activities in pursuit of their own
objects.  Closing the scheme entirely (option 4) would affect three
existing beneficiaries – 2nd Keith Scout Group, Findochty Bowling Club,
and the Buckie and District Fishing Heritage Centre – all of whom were
awarded limited-life rebates under the scheme.  An initial screening
identified no adverse impacts arising from any of the options. 
(h) Climate Change and Biodiversity Impact
There are no climate change or biodiversity implications arising directly
from this report. 
(i) Consultations
The Chief Financial Officer, Property Asset Manager, Democratic
Services Manager and Equal Opportunities Officer have been consulted
and their comments incorporated in the report.
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6. CONCLUSION 
6.1 The Committee has the options of continuing the Community Rent
Rebate scheme without change, introducing eligibility criteria, closing
the scheme to new applicants, or closing the scheme entirely. 
6.2 Introducing eligibility criteria in line with those applying to Non
Domestic Rates discretionary relief is recommended. 
Author of Report: Andrew Gray, Asset Management Coordinator
Background Papers: Held by author
Ref: SPMAN-1293228629-1005
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APPENDIX
DISCRETIONARY COMMUNITY RENT REBATES
All but one of the leases listed involve the tenant taking on full responsibility for all property costs, including repairs and maintenance.  The list is
grouped by title, i.e. general services, common good and public trusts, and sorted by earliest rent review date. 
Location Community Body Property Date of
Entry
Expiry Date Annual
Rent
Rebate
Awarded
Rent
Payable
Review
Cycle
Next Rent
Review Date 
General Services
1.  Keith  2nd Keith Scout
Group
Old Ogilvie School,
Fife Street
31/10/2015 30/10/2035 £5,790 £5,790 £0 5 Years 31/10/2025
2.  Findochty  Findochty Bowling
Club
Findochty Bowling
Green
18/05/2006 17/05/2031 £400 £400 £0 5 Years 18/05/2026
3.  Buckie  Buckie Skate Park
Committee
Skate Park,
Ian Johnston Park
27/09/2008 26/09/2028 £1,400 £1,400 £0 5 Years 27/09/2028
(lease end) 
Total Values for General Services £7,590 £7,590 £0 
Common Good
4.  Buckie  Fishing Heritage
Centre
Fishing Heritage
Centre
01/03/2006 28/02/2036 £2,700 £2,700 £0 3 Years 15/05/2024 
Total Values for Common Good £2,700 £2,700 £0 
Public Trusts
5.  Forres  Grant Park Pavilion
Committee
Bowling Pavilion,
Grant Park
03/11/2008 02/11/2048 £6,300 £6,300 £0 3 Years 03/11/2026
6.  Elgin  Bowling Club Bowling Pavilion,
Cooper Park
01/04/2008 31/03/2028 £100 £100 £0 None 01/04/2028
(lease end) 
Total Values for Public Trusts £6.400 £6.400 £0 
All Ownership Categories 
Total Values for all ownership categories £16,690 £16,690 £0 
Item 7.
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: PROPOSED 2024 NON-DOMESTIC RATES EMPTY PROPERTY
RELIEF POLICY 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To seek Committee approval for the implementation of an Empty Property
Relief policy for non-domestic properties for the coming financial year, 
2024-25. 
1.2  This report is submitted to the committee in terms of Section III (B) (11) of the
local authority's Scheme of Administration relating to the administration of the
levy, collection, payment and recovery of Non-Domestic Rates (NDR). 
2. RECOMMENDATION 
2.1 It is recommended that the Committee agree the Empty Property Relief
policy summarised in this report and detailed in APPENDIX1. 
3. 2024 EMPTY PROPERTY RELIEF POLICY PROPOSAL 
Policy Background
3.1 The reliefs available to ratepayers for empty non-domestic properties have
previously been determined by reference to the appropriate statute.  Scottish
Government, in response to representation from the Convention of Scottish
Local Authorities (CoSLA), agreed to devolve determination of empty property
relief policy to local authorities from 1 April 2023.  This had the effect of
removing these properties from the national NDR rates pool. 
3.2 The Corporate Committee of 31 January 2023 put in place an interim policy at
1 April 2023 to permit officers to develop a more detailed policy for
implementation in the following financial year (Para 7 of the minute refers). 
This Empty Property Relief policy is detailed, including by breakdown of
property numbers, in Column A of Appendix 2. A number of other local
authorities followed a similar timescale.  
Item 8.
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3.3 The policy outlined in this report sets out the outcome of the work done during
this financial year, and it is proposed that this policy becomes the local
authority’s ongoing policy from 1 April 2024 for the disposal of applications for
relief on empty non-domestic properties. 
Property Use Background
3.4 There are currently 256 properties classed as empty.  The breakdown of
these properties by relief type is shown in Column A of Appendix 2. 
3.5 The existing policy on the treatment of unoccupied properties currently costs
the local authority £0.412M in foregone non-domestic rates. 
3.6 For the purposes of the determination of empty property relief, a property is
considered empty if all moveable items have been cleared from it (otherwise it
will be considered as being used for storage).  The only exception to this may
relate to industrial properties, where stationary plant and machinery may
remain in place. 
Policy Proposal
3.7 The 2024 Empty Property Relief policy proposed in this report (and set out in
details in APPENDIX 1) seeks to balance providing short-term relief from the
payment of rates while a property is vacant with incentivising property owners
to bring such properties back into use. It will also simplify the existing policy,
and it will raise the ‘floor’ at which empty properties with small rateable values
are exempted from the payment of rates. 
3.8 Empty properties are a negative feature in many town centres and are
frequently detrimental to the business environment and to civic amenity.  The
availability of exemption from the payment of rates for some classes of
property means that there is little, if any, incentive to bring such properties
back in to occupation. It is envisaged that the Empty Property Relief policy
proposed in this paper, by removing exemption from rates from some classes
of property, may incentivise bringing unoccupied properties back into use to
the benefit of the local community and to the improvement of town centre
environments. 
3.9 It is recommended that the proposed Empty Property Relief policy will be
effective for an initial five-year period, commencing 1 April 2024.   
3.10 It is recommended that the Empty Property Relief policy contain a
requirement that a non-domestic property is occupied for at least six months
prior to any new award of any of empty rates relief may be made. 
3.11 In determining entitlement to Empty Property Relief, reference should be
made to the property’s last occupation date, regardless of ratepayer. 
3.12 It is estimated that the bespoke Empty Property Relief policy described in this
report would generate additional non-domestic rates revenues of £0.338M. 
3.13 It is estimated that the bespoke Empty Property Relief policy described in this
report would directly impact 168 properties.
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3.14 Any application for an award under the terms of the proposed Empty Property
Relief policy will require to be made on an application form and accompanied,
where appropriate, by evidence demonstrating that the property is empty. 
3.15 An Empty Property Relief application form will require to be submitted to the
Taxation Services Team within ninety days of the issue of the initial Non-
Domestic Rates bill for the property for which relief is being sought.  Once this
period has expired, no application for an empty property relief may be
accepted. 
3.16 In addition to the classes of relief detailed in Appendix 1, it is proposed that a
Moray Council-specific exemption class is also created.  This exemption
would be applied to all non-domestic rates accounts for empty properties for
which the local authority is the ratepayer, not just those which are identified as
surplus.  It is desirable to exempt these vacant properties as it reduces the
administrative burden to the local authority collecting rates from itself.  There
are currently 47 empty properties for which the local authority is the ratepayer,
and the creation of this exemption class would remove the requirement to pay
non-domestic rates of £0.155M. 
3.17 Column B of the table in Appendix 2 displays the proposed replacement for
each of the 2023 reliefs available to ratepayers in the current financial year. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
No council/community planning priority implications for the local authority
arise from the content of this report. 
(b) Policy and Legal
The revocation by Scottish Government of Empty Property Relief
legislation on 1 April 2023 required each local authority to put in place a
bespoke Empty Property Relief policy on that date. 
The policy in this report succeeds the local authority’s existing Empty
Property Relief policy which came into operation for a period of twelve
months on 1 April 2023, and was agreed by the Corporate Committee on
31 January 2023. 
The policy described in this paper will be the local authority’s ongoing
policy for the administration of Empty Property Relief on non-domestic
properties. 
(c) Financial implications
It is estimated that the proposed amendments to the local authority’s
existing Empty Property Relief policy will result in an increase in NDR
income of £0.338M, which will be retained by the Council.  
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The amendment of the existing Empty Property Relief policy will require
the enhancement of the Non-Domestic Rates software suite.  It is not
envisaged that this will be a complex change so the addition software
charges incurred by the local authority are unlikely to exceed £0.005M 
(d) Risk Implications
No risk implications for the local authority arise from the content of this
report. 
(e) Staffing Implications
The proposed policy will not result in the creation of any increased
workload for the staff of the Taxation Services Team. 
(f) Property
No property implications for the local authority arise from the content of
this report. 
(g) Equalities/Socio Economic Impact
No equalities implications for the local authority arise from the content of
this report. 
(h) Climate Change and Biodiversity Impacts
No climate change or biodiversity impacts arise from the content of this
report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance), the
Head of Economic Growth and Development, the Chief Financial Officer,
Democratic Services Manager and the Legal Services Manager have
been consulted and their subsequent comments incorporated in the
preparation of this Report. 
5. CONCLUSION 
5.1 This report submits to the Committee a proposal for a policy effective
from 1 April 2024 for the administration of Empty Property Relief for
non-domestic properties. 
Author of Report: James Taylor, Taxation Services Manager.
Background Papers:
Ref: SPMAN-1293228629-1008 
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APPENDIX 1 
Proposed Empty Property Relief Policy 
1.0 It is proposed that the following classes of Empty Property Relief are available
to ratepayers in the next financial year, 2023-24: 
i) an empty property will be entitled to a three-month period of 50% relief
from the payment of rates from the date that the property was last occupied; 
ii) once any 50% Empty Property Relief expires, there will be entitlement to
5% relief from the payment of rates.  This award will remain current until the
property is occupied; 
iii) if more than three months have elapsed since the property was last
occupied at the time this policy comes into operation, there will be an
entitlement to 5% relief from the payment of rates. This award will remain
current until the property is occupied; 
iv) an empty property whose occupancy is prohibited by law under statutory
powers exercised by the local authority will be entitled to exemption from
the payment of rates while an Order prohibiting occupancy of the property
remains active; 
v) an empty property subject to a compulsory purchase order will be entitled
to exemption from the payment of rates while this Order is active; 
vi) an empty property whose ratepayer is the estate of a deceased private
individual which has not been confirmed by the Sheriff Court will be entitled
to exemption from the payment of rates until the Grant of Confirmation is
made by the Sheriff; 
vii) an empty property whose ratepayer is a company which is being wound
up  or liquidated will be entitled to exemption from the payment of rates
until the winding-up process is complete; 
viii) an empty property whose ratepayer is a sequestrated or bankrupted
private individual will be entitled to exemption from the payment of rates
until this process is complete; 
ix) empty properties with a rateable value of £2,000 or less will be exempt from
the payment of rates, regardless of the vacancy reason. This ‘ceiling’ has
been in place for a number of years, and the proposed increased will result
in a number of vacant properties with small rateable values attracting
exemption.  This outcome is useful to the local authority as the cost of billing
such properties is disproportionate to the revenues raised from them; 
Item 8.
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1.1 A consequence of this proposed policy is that a number of classes of empty
property which previously received exemption will no longer do so: 
i) exemption will no longer be available to empty listed buildings.  These will
instead receive 5% Empty Property Relief as detailed on point (ii), above; 
ii) exemption will no longer be available to empty land. This will instead
receive 5% Empty Property Relief as detailed on point (ii), above; 
iii) exemption is no longer available to empty industrial properties. These will
instead receive 5% Empty Property Relief as detailed on point (ii), above; 
iv) in a continuation of the local authority’s bespoke 2023 Empty Property
Relief policy, no award of empty property relief is available to non-exercised
shooting rights. 
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APPENDIX 2 
Column A
2023 Empty Property Relief 
Column B
Proposed amendment 
50% Relief 
A property which is empty of removable items
is entitled to a 50% relief for a three month
period. 
Current number of relief awards: 5
Current Value of relief awards: £3K   
It is proposed that this relief is
retained in the new policy.   
10% Relief 
A property which has been empty in excess
of three months is entitled to 10% relief. 
Current number of relief awards: 94
Current Value of relief awards: £58K   
It is proposed that this relief is
amended to 5% relief. 
It is estimated this policy revision 
will increase rates income by
£55K   
Exemption – Bankruptcy 
An empty property for which the ratepayer is
a bankrupt private individual is entitled to
exemption from the payment of rates. 
Current number of relief awards: 1
Current Value of relief awards: £9K   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Compulsory Purchase 
An empty property subject to a compulsory
purchase order is entitled to exemption from
the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Empty Land 
Empty land which is inserted on the Valuation
Roll is entitled to exemption from the
payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is amended to 5% relief. 
It is estimated this policy revision 
will not increase rates income  
Item 8.
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Exemption – Executry 
An empty property forming part of a
deceased private individual’s estate is
entitled to exemption from the payment of
rates. 
Current number of relief awards: 6
Current Value of relief awards: £9K   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Industrial 
An empty property conforming to the criteria
of industrial use is entitled to exemption from
the payment of rates for a six month period. 
This is followed by entitlement to 10% relief. 
Current number of relief awards: 27
Current Value of relief awards: £32K   
It is proposed that this exemption
is amended to 5% relief. 
It is estimated this policy revision 
will increase rates income by
£30K   
Exemption – Listed Building 
An empty property has listed building status
is entitled to exemption from the payment of
rates. 
Current number of relief awards: 39
Current Value of relief awards: £270K   
It is proposed that this exemption
is amended to a 5% relief. 
It is estimated this policy revision 
will increase rates income by
£256K   
Exemption – Liquidated 
An empty property for which the ratepayer
has been liquidated is entitled to exemption
from the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Minimum Rateable Value 
An empty property has a rateable value of up
to £1,700 is entitled to exemption from the
payment of rates. 
Current number of relief awards: 84
Current Value of relief awards: £30K   
It is proposed that this exemption
is amended so that properties
with a rateable value of up to
£2,000 qualify. 
It is estimated this policy revision 
will affect 3 properties and 
decrease rates income by £3K   
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Exemption – Prohibited by Law 
An empty property for which occupancy is
prohibited by law is entitled to exemption
from the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Sequestration 
An empty property for which the ratepayer is
a sequestrated private individual is entitled to
exemption from the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is retained in the new policy.   
Exemption – Shootings 
The right to shoot over ground is entered into
the Valuation Roll.  Scottish Government
previously issued guidance that if this right is
not exercised there is entitlement to ongoing
exemption from the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that in accordance
with the local authority’s
previous bespoke policy, no
exemption from the payment of
rates by offered to shooting
rights which are not exercised. 
Since this is a continuation of an
existing policy there will be no
change in rates income   
Exemption – Wound Up 
An empty property for which the ratepayer is
a company being wound up is entitled to
exemption from the payment of rates. 
Current number of relief awards: 0
Current Value of relief awards: £0   
It is proposed that this exemption
is retained in the new policy.   
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: REVISION OF 100% ADDITIONAL COUNCIL TAX CHARGE
RELIEF POLICY 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT,
FINANCE) 
1. REASON FOR REPORT 
1.1 To seek committee approval for the revision of the local authority’s bespoke
relief policy for properties liable for the payment of the Additional Council Tax
Charge (or the ‘Levy’). 
1.2  This report is submitted to the committee in terms of Section III (B) (11) of the
local authority's Scheme of Administration relating to the administration of the
levy, collection, payment and recovery of Council Tax. 
2. RECOMMENDATION 
2.1 It is recommended that Committee: 
i) agree the proposal stated in Sections 3 to revise the Council’s
policy governing the administration of relief from the 100%
Additional Council Tax Charge; and 
ii) agree the proposal in section 3.6 to make use of the discretionary
power to delay the levy of the 100% Additional Council Tax
Charge on properties being reconstructed for a twelve month
period. 
3. POLICY DECISION 
Background
3.1 The Policy and Resources Committee of 8 October 2013 decided to levy a
50% Additional Council Tax Charge on all long-term empty properties which
have been unoccupied in excess of 12 months since 1 April 2014, increasing
this to a 100% Additional Council Tax Charge from 1 April 2015 (Para 6 of the
minute refers).  It acts as a negative incentive to encourage Council
Taxpayers to bring long-term empty properties back into occupation. 
Item 9.
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3.2 The Charge is only levied on a minority of domestic properties held on the
Council Tax database.  At 1 January 2024, 504 properties were liable to pay
it, which is equivalent to 1.07% of the current Council Tax database. 
3.3 The Charge contributes to the Council Tax revenue-stream. At 1 January
2024 100% Additional Council Tax Charge amounting to £0.592M had been
levied in the current financial year, which is equivalent to 1.16% of the net
total 2023-24 Council Tax levied by the local authority. 
3.4 In the preceding financial years since the Additional Council Tax Charge was
introduced by the local authority, 2014-15 to 2022-23, at 1 January 2024
Charges totalling £3.602M have been levied, and revenues of £3.237M
ingathered. 
3.5 The current policy governing the administration of relief for payment of the
100% Additional Council Tax Charge, which has been in place since 1 April
2016, was recently the subject of challenge at the Local Taxation Chamber of
the First Tier Tribunal for Scotland.  It was found by the Chamber that this
policy was competent and conformed to the powers devolved to local
authorities by Scottish Government. 
3.6 In light of experience of the operation of the existing policy, it is considered
appropriate to review aspects of it to improve its effectiveness. 
Proposal
3.7 In addition to the grounds on which relief from the levy of the 100% Additional
Council Tax Charge is currently available (which are listed along with their
qualification criteria in Appendix 1), it is proposed that the following new relief
classes are introduced: 
i) 10% Liable Person Change discount; 
ii) 10% Building Warrant or Planning Application discount; 
iii) 10% Reconstruction Work discount. 
3.8 Qualification to any discount listed in para 3.7, above, will replace liability for
the payment of the 100% Additional Council Tax Charge. 
3.9 The intention is that the proposed policy amendments outlined in this report
will become effective on 1 April 2024. 
3.10 The proposals made here are intended to assist taxpayers who want to bring
long-term empty properties back in to use quickly, thereby making more
domestic accommodation available within Moray.  They are not intended as a
means by which the payment of the 100% Additional Council Tax Charge may
be evaded. 
Liable Person Change
3.11 The current policy makes provision for an award of 10% discount to be made
for a maximum period of 12 months when a property has already been empty
in excess of 12 months (thus resulting in it already incurring the 100%
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Additional Council Tax Charge) and there is a change of ownership, whether
via purchase or transfer. 
3.12 It is proposed that a new Liable Person Change discount (LPCD) should be 
put in place when there is a change of liable person via: 
i) ownership;
ii) tenancy;
iii) legal transfer of ownership (for example in the winding up of a
deceased person’s estate); or
iv) vacation of a property by a liferentee. 
3.13 If any of these conditions are satisfied there will be an entitlement to a
maximum award of 12 months’ 10% discount if the property had been already
been empty in excess of 12 months on the date that the new taxpayer
became liable for the payment of Council Tax (and thus would have otherwise
become immediately liable for the payment of the 100% Additional Council
Tax Charge). 
3.14 The proposed LPCD discount award would for the period of its currency 
replace the levy of the 100% Additional Council Tax Charge. 
3.15 The following classes of liability changes are excluded from LPCD 
qualification: 
i) any rental agreement or transfer of liability for the payment of Council
Tax between family members; or 
ii) any change of liable person which appears to the Taxation Services
Manager to be an attempt to evade liability for payment of the 100%
Additional Council Tax Charge. 
3.16 This discount is necessary as the legislation governing empty properties limits
the award of some exemptions to 12 months from the last date of occupation.
This means in practice that no empty property exemption is available once the
100% Additional Council Tax Charge has been added. 
3.17 This discount will be application based. 
Building Warrant or Planning Application
3.18 The current local policy makes no provision for a reduction award to be made
while the local authority is processing a Building Warrant and/or Planning
application.  It is proposed to address any potential difficulties caused by this
by the introduction of a specific discount. 
3.19 It is proposed that a 10% Building Warrant or Planning Application discount
(BWPAD) is put in place. 
3.20 Each of the following conditions will require to be satisfied before a BWPAD
award is made: 
i) the taxpayer has submitted a completed Building Warrant or Planning 
Application; and
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ii) this application is accompanied by all of the required supporting 
documentation and evidence; and 
iii) the local authority has not disposed of the application via a written 
decision; and 
iv) a period of 24 months has not elapsed following the taxpayer becoming 
liable for the payment of Council Tax on the property. 
3.22 BWPAD may only be awarded from the date on which the local authority held 
a completed Building Warrant or Planning Application until the date on which 
a written decision on the application is issued. 
3.23 Once a decision is communicated entitlement to this relief will terminate, and 
the 100% Additional Council Tax Charge will be levied. 
3.24 If the conditions detailed in 3.21, above, are satisfied there will be an 
entitlement to a maximum award of 12 months’ 10% discount, but such an 
award may terminate before expiry of the maximum 12-month period once 
(whichever occurs first): 
i) 24 months have elapsed since the taxpayer became liable for the
payment of Council Tax; or 
ii) the local authority has issued a decision on the Building Warrant or
Planning application. 
3.25 It is not envisaged that any the Building Warrant or Planning application for a
domestic dwelling held on the Valuation List will exceed 12 months to resolve
so there will be no provision within the proposed policy to extend this relief
beyond the parameters indicated in point 3.4.6, above. 
3.26 The proposed BWPAD discount award would for the period of its currency
replace the levy of the 100% Additional Council Tax Charge. 
3.27 This discount will be application based and administered by a designated
local authority officer. 
Reconstruction Work
3.28 The current local policy makes no provision for a reduction award to be made
while a taxpayer is undertaking reconstruction work or remedial work to bring
a property, subject to 100% Additional Council Tax Charge, back into use. 
3.29 Council Tax legislation as enacted by Parliament states that an unoccupied
property may only be exempted from the payment of Council Tax for a
maximum period of 12 months from the property’s last date of occupation. 
3.30 It is proposed that a 10% Reconstruction Work discount (RWD) is put in
place. 
3.31 Each of the following conditions will require to be satisfied before a RWD
award is made:
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i) the Council Taxpayer has agreed a plan of works with a designated 
local authority officer.  This agreement will include milestones for work 
being undertaken and being completed; and 
ii) continued entitlement to this discount to the end of its currency is 
dependent on previously-agreed milestones being achieved, or a 
reasonable explanation being submitted to a designated local authority 
officer for the milestone passing without the agreed works having been 
completed; and 
iii) a period of 42-months has not elapsed following the taxpayer 
becoming liable for the payment of Council Tax on the property. 
3.32 If these conditions are satisfied there will be an entitlement to a maximum
award of 18 months 10% discount. Any such award may be terminated if
milestones agreed with a designated local authority officer are not met. 
3.33 To ensure that properties are brought quickly back into use, there will be no
provision within the proposed policy to extend this relief beyond the
parameters indicated in point 3.5.5, above. 
3.34 The proposed RWD discount award would for the period of its currency
replace the levy of the 100% Additional Council Tax Charge. 
3.35 This discount will be application based and administered by a designated
local authority officer. 
Reconstruction Work: legislative changes
3.36 Scottish Government has recently published The Council Tax (Variation for
Unoccupied Dwellings) (Scotland) Amendment Regulations 2023. 
3.37 Paragraph 3 of the this legislation makes provision for a property which it can
be evidenced is undergoing repairs of renovations, and has been purchased
within the last six months, to be excluded from the levy of the Additional
Council Tax Charge.  This instrument also states that the local authority has
discretion to extend the six-month period before the imposition of the levy of
the Additional Council Tax Charge. 
3.38 This legislative change is due to come into force on 1 April 2024. 
3.39 It is proposed that the local authority exercise the discretion expressed in this
legislation to extend the period in which a newly-purchased property under-
going repairs or renovations is excluded from the levy of the Additional
Council Tax Charge to twelve months. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
It is envisaged that this report will further promote bringing long-term
empty properties back into use, thereby further increasing the availability
of Housing within Moray.
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(b) Policy and Legal
The agreement of the proposal contained Section 3 of this report will
result in the revision of the local authority’s policy on the levying of the
100% Additional Council Tax Charge. 
The agreement of the proposal contained in point 3.6 of this report will
result in the local authority exercising discretionary powers made
available to it in The Council Tax (Variation for Unoccupied Dwellings)
(Scotland) Amendment Regulations 2023. 
(c) Financial implications
The impact of the proposed revision of the existing local policy on relief
from the 100% Additional Council Tax Charge cannot be meaningfully
modelled as it is entirely dependent of taxpayer demand, but it is
envisaged that any loss resulting from the proposed policy change may
be off-set against the benefits to the local authority of promoting the
outcome of bringing domestic properties back into occupancy. 
(d) Risk Implications
No risk implications for the local authority arise from the content of this
report. 
(e) Staffing Implications
This report will result in some additional work being incurred by the staff
of the Taxation Team and the staff of the Economic Growth and
Development department but it is envisaged that this may be absorbed
as part of their current duties. 
(f) Property
No property implications for the local authority arise from the content of
this report. 
(g) Equalities/Socio Economic Impact
Following review of this report by the Equal Opportunities Officer no
equalities implications for the local authority were identified in its content. 
(h) Climate Change and Biodiversity Impacts
No Climate Change and Biodiversity implications for the local authority
arise from the content of this report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance), the
Chief Financial Officer, the Development Management and Building
Standards Manager, the Head of Economic Growth and Development,
the Legal Services Manager, the Principal Building Standards Officer,
the Equal Opportunities Officer and the Democratic Services Manager
have been consulted in the preparation of this report and their comments
incorporated in its content.  
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5. CONCLUSION 
5.1 This report proposes the revision of the local authority’s policy on the
reliefs made available to Council Taxpayers liable to pay the Additional
Council Tax Charge. 
Author of Report: James Taylor, Taxation Services Manager.
Background Papers: 
Ref: SPMAN-1293228629-1023 
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APPENDIX 1 
Current Discount  Proposed Amendment 
Offered for Sale: 10% Discount 
A discount of 10% is available when a
property is being actively offered for sale
and it has been unoccupied in excess of
twelve months. 
Documentary evidence of offer for sale is
required. 
It is available for a maximum period 24
months. 
Current number of relief awards: 22
Current Value of relief awards: £3K 
Offered for Rental: 10% Discount 
A discount of 10% is available when a
property is being actively offered for rent
and it has been unoccupied in excess of
twelve months. 
Documentary evidence of offer for rent is
required. 
It is available for a maximum period 24
months. 
Current number of relief awards: 0
Current Value of relief awards: £0 
It is believed that this discount is
operating in an effective manner
and delivering the desired
outcomes. 
It is proposed it is RETAINED
without amendment. 
It is believed that this discount is
operating in an effective manner
and delivering the desired
outcomes. 
It is proposed it is RETAINED
without amendment. 
Post Purchase: 10% Discount 
A discount of 10% is available when there is
a change of ownership and the property has
been unoccupied in excess of twelve
months. 
It is available for a maximum period of 12
months. 
Current number of relief awards: 36
Current Value of relief awards: £4K   
It is believed that this relief is
too tightly defined and it is
proposed it should be
DISCONTINUED and replaced
with the 10% Liable Person
Change discount proposed in
this report.   
Item 9.
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: PROPOSED 100% ADDITIONAL COUNCIL TAX PREMIUM ON
SECOND HOMES 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To seek Committee approval for the implementation of a policy to levy an
Additional Council Tax Premium (known as the ‘Premium’) on properties
classed as Second Homes for the purposes of Council Tax administration. 
1.2  This report is submitted to the Committee in terms of Section III (B) (11) of the
local authority's Scheme of Administration relating to the administration of the
levy, collection, payment and recovery of Council Tax. 
2. RECOMMENDATION 
2.1 It is recommended that Committee agree the proposal outlined in this
report to levy a 100% Additional Council Tax Premium on Second
Homes. 
3. POLICY DECISION 
Background
3.1 The Council Tax (Variation for Unoccupied Dwellings) (Scotland) Amendment
Regulations 2023 have given local authorities the power to add an Additional
Council Tax Premium of up to 100% to properties which are considered for
Council Tax purposes to be Second Homes. 
3.2 Council Tax legislation states that a property is considered a Second Home if
it is furnished for occupation and it is occupied for at least 25 days per annum. 
3.3 The Council has not awarded Council Tax discount on Second Homes since
1 April 2018. 
3..4 As at 1 January 2024 there were 740 properties classed as Second Homes
on the Council Tax database in Moray. This is equivalent of 1.57% of the
properties held on the local authority’s Council Tax database. 
Item 10.
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3..5 In the financial year 2023-24, Council Tax levied on properties classed as
Second Homes amounted to £0.976M.  This is equivalent of 1.53% of the
gross Council Tax levied by the local authority in that year. 
3..6 There is specific provision within Council Tax legislation for the treatment of
Second Homes occupied by persons required to also occupy tied
accommodation.  At 1 January 2024 there were 14 properties of this type in
Moray. 
3..7 There is specific provision within Council Tax legislation for the treatment of
Second Homes classed as purpose-built holiday homes.  At 1 January 2024
there were 14 properties of this type in Moray. 
Proposal
3.8 It is proposed that following the introduction of the Council Tax (Variation for
Unoccupied Dwellings) (Scotland) Amendment Regulations 2023, the local
authority levy a 100% Additional Council Tax Premium on Second Homes. 
3.9 It is proposed that this policy becomes effective from 1 April 2024. 
3.10 On the basis that 2024-25 Council Tax charges will be unchanged from the
charges levied in the previous financial year, 2023-24, it is envisaged that the
proposed policy would levy additional gross Council Tax revenues totalling
£0.976M. 
3.11 Those properties classed as Second Homes occupied by persons occupying
tied accommodation and those properties classed as purpose built Second
Homes are each excluded by the provisions of the Council Tax (Variation for
Unoccupied Dwellings) (Scotland) Amendment Regulations 2023 from the
levy of a 100% Additional Council Tax Premium. 
3.12 The Water and Waste Water charges listed separately on Council Tax bills
will not be increased by the levy of an 100% Additional Council Tax Premium. 
3.13 As part of its remit in providing accommodation to homeless persons, the local
authority is responsible for the payment of Council Tax on some properties
which require to be classed as Second Homes on the Council Tax database. 
It is proposed that the new policy will make no provision for the levy of a 100%
Additional Council Tax Premium on these properties. 
4 SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
It is envisaged that the imposition of a 100% Additional Council Tax
Premium may result in some Second Homes being relinquished, which
would increase the availability of Housing within Moray. 
(b) Policy and Legal
The agreement of the proposal contained in this report will result in the
creation  from 1 April 2024 of a policy on the levying of the 100%
Additional Council Tax Premium on Second Homes. 
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(c) Financial implications
It is envisaged that the creation of a policy to levy a 100% Additional
Council Tax Premium on Second Homes would raise additional Council
Tax revenues of approximately £0.976M. 
The levying of a premium on Second Homes will require the
enhancement of the existing Council Tax software suite.  It is not
envisaged that this will be a complex change so the addition software
charges incurred by the local authority to make use of the revised
software are unlikely to be significant. 
(d) Risk Implications
No risk implications for the local authority arise from the content of this
report. 
(e) Staffing Implications
This report will result in some additional work being undertaken by the
staff of the Taxation Team but it is envisaged that this will be absorbed
as part of their current duties. 
(f) Property
The policy outlined in this report excludes the levy of the 100%
Additional Council Tax Premium on local authority operated domestic
properties classed on the Council Tax database as Second Homes and
used to provide accommodation to homeless persons. 
(g) Equalities/Socio Economic Impact
The proposal will affect the right to property under article 2 of protocol 1
of the Human Rights Act 1998. It is felt that this is justified as a
proportionate means to a legitimate aim. Under the Council Tax
(Variation for Unoccupied Dwellings) (Scotland) Amendment Regulations
2023 local authorities have a right to levy an additional 100% Council
Tax premium on Second Homes. The proposal aims to improve the
council’s financial position and to increase the level of available housing
stock. The proposal also allows for mitigating actions in specific
circumstances. 
(h) Climate Change and Biodiversity Impacts
No Climate Change or Biodiversity implications for the local authority
arise from the content of this report. 
(i) Consultations
The Depute Chief Executive (Economy, Environment and Finance), the
Chief Financial Officer, the Head of Housing and Property, the Legal
Services Manager, Democratic Services Manager and the Equal
Opportunities Officer have been consulted in the preparation of this
report and their comments incorporated in its content. 
5. CONCLUSION 
5.1 This Report submits to Elected Members a proposal for the
establishment of a policy from 1 April 2024 to levy a 100% Additional
Council Tax Premium on Second Homes.
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Author of Report: James Taylor, Taxation Manager.
Background Papers: 
Consultees: 
Ref: SPMAN-1293228629-1022
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REPORT TO: CORPORATE COMMITTEE 30 JANUARY 2024 
SUBJECT: EMPLOYEE SURVEY 2023 RESULTS 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To ask the Committee to consider and note the results of the 2023 employee
opinion survey and approve the actions arising from the results. 
1.2 This report is submitted to Committee in terms of Section III (B) (24 (c)) of the
Council's Scheme of Administration relating to formulating, supervising the
implementation of and review as necessary the policy and practices of the
council for all employees, other than teachers in relation to the recruitment,
training and development, health, safety and welfare and practices of the
Council and Section B (25) relating to teachers in applying and monitoring the
implementation of general personnel policies and practices of the Council
including the health, safety and welfare and to co-ordinate local conditions of
service in line with Council policy, 
2. RECOMMENDATION 
2.1 It is recommended that Committee: 
(i) considers and notes the results of the 2023 employee opinion
survey; and  
(ii) approves the planned actions arising there from. 
3. BACKGROUND 
3.1 Since 2006 the Council have regularly surveyed the workforce to find out what
employees felt about a range of employment related issues.  Actions are
identified based on the issues coming out of each survey with planned actions
and programmes of work designed to address the issues.  These have
included the employee conferences, interim and issue specific surveys, the
employee engagement programme and the workforce culture programme. 
Item 11.
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3.2 Although originally undertaken by specialist survey providers, latterly the
surveys have been designed, administered and analysed in-house as part of
the Council’s efficiency measures. 
3.3 This is the eighth whole workforce survey and it was undertaken in
August 2023.  The survey received 1,215 returns providing an overall
response rate of 23%.  This is a decrease of 8% when compared to the 2019
response rate (31%) which is thought to be due to a shorter run up for
promotion and communications and less resource to allocate to this.
Employees were encouraged to complete the online survey and paper
questionnaires were distributed to staff without ready access to a computer at
work.   
3.4 While results have been analysed to the same level as previously, the results
are being cascaded through a Headlines summary, Employee Survey Booklet
(Corporate Analysis) and a front page summary plus spreadsheet of
departmental results for the Central and Senior Management Teams. The
results have been made available to CMT-SMT and will be shared with
service managers for further analysis and discussion.  This work will be led by
the Organisational Development (OD) team and any improvement actions will
be considered on both a corporate level and service level depending on what
is deemed appropriate. 
4 RESULTS 
4.1 The information in this report is supplemented by: 
Appendix A – Previous Actions
Appendix B – Survey Headlines
Appendix C – Year on Year Comparisons 
Overview
4.2 While the overall response rate has declined, it is encouraging to note that the
trend of sustained results seen in the 2019 survey continues across the
majority of areas considered which indicates that the actions and programmes
of work put in place as a result of previous surveys are continuing to have a
long term positive impact.  It is noted however, that there is a decline in the
positivity of responses in some areas which will be a focus for action arising
from these results.     
4.3 It is also worth noting that the highest and lowest scoring questions have
largely stayed the same from 2019, which indicates that what is working well
continues to work well, but the lowest scoring concerns still remain a concern
and require to be areas of focus in order to ensure some improvement.   
4.4 As with previous whole workforce survey results, it is not possible to identify
specific actions that will address areas identified for improvement as large
surveys only provide a measure of satisfaction on general themes and are
best used as the starting point for more targeted and focused work in specific
areas e.g. the work needed to display and support the leadership and role of
elected members and ensure communication remains open, honest and
consistent.
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Highest and lowest scoring questions
4.5 Four out of the six highest scoring questions were the same as the 2019,
which are the same as the 2017 survey and were in relation to clarity on what
is acceptable and unacceptable behaviour in the workplace, enjoyment of
work, clarity on duties and responsibilities and line managers/supervisors
treating employees fairly and with respect. 
4.6 Again four out of the six poorest scoring results were the same as 2019 and
were in relation to belief in elected members providing leadership for the
Council, what elected members do, belief that the council will take action to
address issues arising from the survey, communications from the council
being open and honest, satisfaction with the leadership and direction received
and that senior management have a clear vision of where the organisation is
going. 
Key improvements, sustained performance and areas for development
4.7 The four improvements since 2019 are in relation to employees feeling able to
cope well, being given the proper equipment to keep employees safe and
protect their health, feeling their mental health is sufficiently supported at work
and relationships at work are less strained. 
4.8 The seven areas with no change are in relation to knowing what Elected
Members do, being kept well informed about what is happening in their team,
employees having the opportunity to participate in regular team interactions
(or meetings), the information they receive is easy to understand, employees
being able to access the training and development opportunities that they
need, line managers/supervisors manage staff in their team fairly and
consistently and it is clear what employees duties and responsibilities are.   
4.9 The five areas which indicate the largest percentage decrease since 2019
include awareness of the challenges that face the Council over the next few
years reducing by 13% to 73%. Expecting the Council will have to change the
way it delivers services because of these changes reduced by 9% to 73%.
Employees being kept well informed of what is happening in the council by
their line manager/ supervisor reduced by 9% to 68%. Employees have been
able to maintain and/or improve their mental health and wellbeing during the
last year reduced by 6% to 59% compared to the mental health and wellbeing
survey in 2022. Employees being kept well informed about what is happening
within the Council reduced by 6% to 48%. 
4.10    The overall job satisfaction has increased by 1% compared to 2019 to 68%.
The engagement index score has changed since 2019 reducing by 10% to
59%.   
Overall Job Satisfaction
4.11 Overall job satisfaction resulted in 68% of respondents indicating they were
either fully or mostly satisfied in working for the Council, an increase in 1%
point from 2019. It is noted however that 31% of respondents expressed
dissatisfaction with their job and the remaining 1% of respondents had no
view. 
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4.12 Satisfaction levels vary greatly within departments however examining results
out of the individual factors considered, feeling motivated, valued and
recognised, taking pride in working for the Council, overall job enjoyment as
well as recommending the Council as a great place to work, has the greatest
impact over all other factors in terms of job satisfaction. Other relating factors
include morale, as well as being satisfied by the line management received,
being treated fairly and being able to approach line management when there
is a problem. These factors have remained on the whole fairly consistent
since 2019. 
4. 13   Children and Families: Children’s Social Work, Justice Services (Support
staff) and Catering services recorded the highest overall satisfaction scores at
86%. Within Education Resources and Communities: Business Support
Admin, Staffing, Instrumental Instruction Service and Learning Estate was the 
lowest scoring department at 45% and Roads and Fleet Services the next
lowest scoring department at 46%.  This demonstrates a significant difference
in scorings between those departments, even compared to the council
average of 68%. 
You and Your Job
4.14 There is a decrease in the response rate of 4% to 57% in employees feeling
valued and recognised for the job they are doing and a decrease of 3% to
76% of respondents feeling motivated to do a good job and go the 'extra mile'
when required.  It is however interesting to note that despite these decreases,
morale is good where I work has increased by 5% to 52% and employees
would recommend the Council as a good place to work has increased by 3%
to 60%.  89% of respondents enjoy the work they do and 72% of respondents
take a pride in working for the council.     
Leadership and Senior Management
4.15 This section has seen some improvement since 2019 in that respondents can
see how their job links to the Council's objectives and priorities showing a 1%
increase to 60%.  There was however a significant decrease in response rate
from 86% to 73% of respondents being aware of the challenges that face the
Council over the next few years, closely followed by a decrease of 9% of
respondents expecting the Council will have to change the way it delivers
services because of these changes. 
4.16    Belief that senior management demonstrate leadership and direction for the
service and team decreased by 3% to 48% and belief that senior
management have a clear vision of where the organisation is going decreased
by 3% to 44%.  As already noted, knowledge about what elected members do
remained static at 36% and belief that they provide leadership for the council
declined by 1% to 22%. Overall satisfaction with leadership and direction has
decreased by 4% to 50%. 
Supervision
4.17  This section explores the next level of management and relates specifically to
the day to day line management and supervision received.  Consistent with
results from previous surveys, the opinions about line management are
generally more positive than towards senior management. Within this section
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it has remained mainly stable with almost all areas increasing or decreasing
by 1% or 2% which indicated a fairly static performance. The only result which
stands out significantly is in relation to employees being kept well informed of
what is happening in the council by my line manager/ supervisor which
decreased by 9% since 2019 to 68%. 
4.18    In comparison 79% of respondents indicate feel supported by their line
manager /supervisor (an increase of 1%), line management recognising and
giving praise for good performance has improved by 1% to 73%, line
manager/supervisor treating employees fairly and with respect has decreased
by 1% to 83% and line manager/supervisor motivating employees has
improved by 1% to 69%. Overall satisfaction with line
management/supervision received has declined by 2% to 74% and feeling
able to approach their supervisor when there is a problem with confidence it
will be acted upon has declined by 1% to 77%, all of which are very minor
changes. 
Communication
4.19 Views about how well informed employees feel, the communication between
different parts of the organisation, the communication culture and the
effectiveness of various communication methods have mixed results in this
survey.  Being kept well informed at team level (70%), having the opportunity
to participate in regular team meetings (74%) and information received is easy
to understand (74%) have not changed since the 2019 survey. Team (74%)
and council communications (45%) being open and honest have both
increased by 1%. In contrast being kept informed about what is happening
within the council has decreased by 6% to 48% and the lowest scoring
question in this section believing that the Council will take action to address
issues arising from the survey has also decreased, by 5% to 28% since 2019.
Overall satisfaction with communication in the council has decreased by 2 %
to 45%. 
4.20 These results indicate that while the team communications are good, there is
room for improvement with the council wide communications. 
Training, Performance and Development
4.21 This section explores employee views of the opportunities and availability of
training and development, as well as the performance development processes
in place.  There has been sustained performance in this area, with 58% of
respondents indicating being able to access training and development
opportunities and 70% of respondents feeling encouraged to improve their
own performance, 63% of respondents indicated that training and
development received helps the employee to do their job better.  There is a
3% decline to 66% in the number of respondents reporting they have had a
development activity/session in the last 12 months (this might be an ERDP,
PR&D, professional supervision or appraisal).   
Workforce Culture
4.22 This section explores issues related to creating a positive work force culture
where morale is good, people are proud to work for the council and would
recommend it to others.  It is split into three sections: management and team,
work related and behaviour related questions.
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• Management and team – the questions in this section relate to believing line
managers/supervisors care about employee well-being, feeling contributions
are valued, trust that communications are open and honest, belief that the
team is managed fairly and consistently, that the team co-operates and works
well together and that employees feel respected by colleagues. This section
received improved responses.   All responses have either no change or
improved up to 2% and sit between 72% and 85%. 
• Work Related – the questions in this section relate to having a manageable
workload, unrealistic time pressures and a choice in deciding what to do at
work, clarity on duties and responsibilities and whether relationships at work
are strained.  This section received slightly declined responses with either
between 1% to 2 % or no change. Of the 2019 response of 33% feel they
have strained relationships this had significantly reduced by 6% to 27% which
is a positive improvement. 
• Behaviours – this section asks about acceptable and unacceptable
behaviours, confidence issues will be dealt with, believing the council is
committed to developing a positive workforce culture, harassment and the
channels for reporting unacceptable behaviour. Other than belief that the
council is committed to developing a more positive workforce culture which
has seen a 4% decline to 60%, all other responses saw a decline of 1%. The
highest scoring question of the survey was regarding what is acceptable and
unacceptable behaviour in the workplace being clear to employee’s, reducing
by 1% but positively still at 96%. Both negative statements regarding being
subject to harassment and unacceptable behaviour/bullying in the workplace
saw a decline of 3% and 4% points respectively which is an improvement. 
• 5% of the overall responses reported being subjected to unacceptable
behaviour, this is a 4% decrease from 2019 and the themes of unacceptable
behaviour were related to behaviours of a colleague, members of the public,
managers, pupils, not reporting due to no action or support, trade unions and
parents of pupils.. 
Employee Engagement
4.23 Employee engagement is the discretionary commitment and enthusiasm
people give to the council, their services and their colleagues meaning we can
provide better services and it matters to employees that the council does well. 
4.24    Two of the four measures in this set of results see a decline: feeling motivated
to do a good job/go the extra mile is at 76% (-3%) and belief the council will
take action to address the issues arising from the survey is at 28% (-5%),
giving an overall engagement score of 59%, 10% lower than last year. The
other two questions saw increases, taking pride in working for the council 72%
an increase of 1% and recommending the Council as a good place to work at
60% saw an increase of 3%. Given the pandemic where engagement
activities were temporarily on hold, current budget difficulties and the
uncertainty this creates for many employees, these results are perhaps not
surprising. Nevertheless, this is of concern to the council and some further
action is required to address these concerns. Actions will include engagement
activities to demonstrate what actions have been undertaken as a result of the
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survey results via a ‘you said, we did’ communication campaign and the
ongoing review of the current ERDP provision to support motivating
employees and providing recognition of their contribution to the workplace. 
Health and Safety
4.25 This section measures the culture of Health and Safety within our workplace,
with additional questions added this year to monitor mental health and
wellbeing. This section had the most significant increases with feeling able to
cope well (74%) increased by 20% from the 2022 mental health and wellbeing
pulse survey. Feeling employee’s mental health is sufficiently supported at
work improved by 6% to 59% and being given the proper equipment to keep
people safe and protect their health increase by 6% to 82%. 
4.26   The slight decreases were feeling involved in decisions regarding health and
safety (56%) and having a good work /life balance (72%) both decreased by
1%. One of the additional questions was have employees been able to
maintain and/or improve their mental health and wellbeing during the last year
(59%) this has declined by 6% since the 2022 mental health and wellbeing
pulse survey. 
Benchmarking
4.27 Benchmarking with other local authorities has not proved possible due to the
lack of availability of up to date data and variations in questions, expectations,
analysis and specific areas focused on. 
4.28    There had been some structural changes to the organisation since the 2019
survey, so some direct comparisons cannot be drawn, but as close to the
areas have been averaged and used as a general comparator in some
circumstances.     
5 ACTIONS 
5.1 While these results provide a picture of responses to the survey questions at
a corporate level, as in previous surveys there are variations at departmental /
service level which will be discussed and managed, with improvement actions
and timescales identified and agreed with Heads of Service.   
Summary
5.2 The 2023 results show that while there are broad areas where there is a
sustained improvement in feedback there also continue to be some discrete
areas where further consideration is required to develop actions which will
bring about potential improvements.  These are specifically in relation to
senior management’s vision, elected member activity and leadership,
employee engagement and corporate communications.  Previous work to
highlight the role of elected members has included inclusion in parts of the
Employee Engagement Programme such as Service Learning Visits and the
Employee Conference, however, with the pause in business as usual during
the pandemic, the engagement programme is only now being fully reinstated
and it is suggested that this combined with planned work such as targeted
communications such as ‘a day in the life of’ will further enhance
understanding and awareness of the elected member role. 
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5.3 In terms of responses to survey results, historically the council has put in
place a range of large scale programmes of activity likely to have a larger
impact across the majority of the workforce with work at a departmental level
taking place concurrently. This approach will be maintained for the
programme of activities in 2023.   
5.4 While it is clear that the 2023 results are mixed, the responses indicate that
progress continues to be made is some areas. It is evident that there are
some areas that require further improvement with work still to be done in
embedding the wider aspects of a positive workforce culture within specific
teams and services. 
5.5 It is proposed to continue to use this strategy to enable targeted work to take
place in the specific areas of the council that are flagged up as having less
positive results.     
5.6 The main area for ongoing concentrated development work appears to be in
relation to corporate communications, understanding of the role of elected
members, senior leadership and engagement. It is suggested that the
overarching theme for actions are centred around improving the corporate
communications with the workforce, including in relation to the vision and
direction of senior leadership for the council and improving the understanding
of elected member roles as well as continuing with employee engagement
activity.  This will be supplemented by specific actions within departments and
services as noted in 5.3, also continuing to disaggregate the results to an
incremental bespoke approach specific to each service, adaptation of
solutions to suit services, development of proposals and timelines to progress
with manageable sections of the workforce following discussions with
management teams on survey results, development of monitoring
arrangements and performance targets for survey results within services. 
5.7 Therefore, actions will be: 
Improve Corporate communications.
• Review of communication framework to identify opportunities for
improvement
• Focus engagement and culture activity on improving corporate
communications that ensure key messages are cascaded consistently and
effectively. 
Understanding of the role of elected members
• Work to promote and inform the workforce on the role of elected members 
Senior leadership 
• A focus on leadership and senior management development. 
Engagement. 
• Review of the ERDP process to promote engagement and add value
• Consider further opportunities regards motivating and recognising additional
effort and performance 
• Launch ‘you said we did’ communication campaign to raise awareness of the
actions arising from the 2023 survey.
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6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The work noted in this report supports the Council in achieving the
objectives and priorities in the Corporate and 10 Year Plan and sets out
how the Council will meet the challenges in making best use of our
workforce and resources.  In particular, the actions will ensure continued
progress towards the aims of ensuring an engaged workforce with a
positive workforce culture. 
(b) Policy and Legal
There are no legal implications arising directly from this report although it
is possible that issues in relation to bullying and harassment in particular
could lead to legal challenges against the council. The work that is
ongoing and planned in relation to employee engagement and workforce
culture continues to provide a solid foundation from which to develop
further work to address the cultural issues identified in this report. 
It is also important to recognise the importance that the Scottish
Government places on the people working in the public sector to deliver
the reforms identified by the Christie Commission. The principles and
recommendations remain valid today as they were in 2011. Scottish
Local Government has over the past 12 years embedded the principles
of Fair Work in all that we do. This includes encouraging our workforce to
look after and improve their mental health and wellbeing and access to
services to create a resilient workforce. Equipping the workforce with
tools and skills and improving technology to enable new ways of
working. This allows the council to meet the needs of our communities
and adapting to the evolving needs of our workforce. Having informed,
diverse and flexible employees is key to achieving the aims of Christie.
The links to workforce planning are fundamental to demonstrate best
value that drives an effective response to both national and local needs. 
(c) Financial implications
There are no financial implications arising from this report. 
(d) Risk Implications
As with previous survey reports, there are risk implications related to
decreasing staff morale should no action be taken as a result of the
survey findings.  These are heightened during periods of significant
change, such as the council continues to experience and the lower
response rate and rise in less positive results in some areas are clear
indications that the workforce is feeling less positive and less resilient
compared to four years ago. 
The risks associated with workforce culture are also around the
consequences of leaving the culture issues unaddressed and the
complexity and challenge of dealing with behavioural issues.   
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The developmental nature of the work combined with the long term
nature of establishing a cultural shift in behaviours means there are long
term maintenance requirements to be accommodated before a
permanent step change in culture can be achieved. 
(e) Staffing Implications
There are no direct staffing implications arising from this report. 
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no equalities or socio-economic impacts arising from this
report. 
(h) Climate Change and Biodiversity Impacts
There are no climate change or biodiversity impacts arising from this
report. 
(i) Consultations
The content of this report has been considered by the central
management team.   
The headline results have been seen by the central and senior
management teams.   
This report will be provided to the Trade Unions for discussion and
consultation at the next scheduled Trade Union / Officer Group and
Local Negotiating Committee for Teachers meetings with a view to
seeking their input to any action plans developed. 
A copy of this report will also be provided to the managers at the
Personnel Forum and feedback will be sought from all groups to
influence the development of any actions arising. 
The Committee Services Officer has also been consulted in the
preparation of this report. 
An employee booklet will be available on interchange and members smi
site for the workforce and elected members to access, with access to a
paper version available for employees without ready access to a work
computer. 
7. CONCLUSION 
7.1 The results of the 2023 employee survey contain a mixture of positive
and improved results in some areas and some declining results in
others with a decline in the overall response rate. 
7.2 It is proposed that further work is undertaken with departments and
services as part of the annual workforce planning process. 
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7.3 Any actions will become part of the engagement and culture work or set
up as distinct pieces of work specific to the services where the issues
are prevalent. 
Author of Report: Frances Garrow, Head of HR, ICT and OD
Background Papers: 
Ref:  SPMAN-1656699058-153 / SPMAN-1656699058-154 /
SPMAN-1656699058-155 / SPMAN-1656699058-156
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1
APPENDIX A
Issues from previous surveys in 2017 and 2019 detailing actions taken so far:
2019 Survey Issues Action
Discuss survey results with managers to enable
actions, timescales and progress proposals to be
identified.
Develop bespoke service led action plans driven from the results of
the survey to address the issues raised.
Performance:
Develop and identify performance targets that will
measure progress over the next two years including
monitoring arrangements.
Utilisation of different forums and platforms to communicate with
the workforce and delivery of engagement programme. 
Development of management tools to aid improvement. 
Culture and engagement: 
Focus engagement and culture activity on building
the leadership and management capacity within and
across services, particularly within the services with
the lowest survey results to help embed the work
that has been started on improving communications
and supporting supervisory development.
Continue with a programme of enhanced employee engagement
activities for example Service Learning Visits, Strategy Talks,
Listening Meetings, STAR Awards, Employee Conferences and Back
to the Floors activities.
Leadership:
Work to promote and inform on the role of elected
members.
Flexible Working Development Fund – management development
courses delivered
EM Strategy developed which includes self-directed learning. 
To develop an engagement calendar specifically for Ems.
2017 Survey Issues Actions
Leadership: Continue to development and improve
skills, competencies and behaviours of managers in
managing their teams 
Continue to promote and inform on the role of
Elected Members
MMM framework reviewed and training links added for ease of
reference. Training/briefing sessions completed and a MMM
training plan rolled out
Enhanced blended suite of learning available
E-Learning induction package completed and corporate e-induction
now live
Flexible Working Development Fund – management development
courses delivered.
EM Strategy developed which includes self-directed learning. To
develop an engagement calendar specifically for Ems. Due to
resources this was not fully implemented and will be carried forward
with the results from 2019 Survey
Communications:
Council acting on feedback
Communication between areas of Council
Honesty 
Open/transparent
Targeted approach for Direct Services which embedded the
foundations from 2016 action plans 
Utilisation of different forums and platforms to communicate with
the workforce and delivery of engagement programme.
Culture: continue to embed wider aspects of a
positive workforce culture 
Linked with above and implementation of service specific action
plans.
Development of management tools to aid improvement
Training & Development:
Supervision
Supervisory training delivered to Direct Services as part of their
specific service action plan
Access to Flexible Working Development Fund training courses on
specific management development courses and resilience training
Relationships: target to service specific areas of
concern to improve relationships at work  - linked to
See above and links to improving communications
Item 11.
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2
training and development 
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1 | P a g e
Moray Council – 2023 Employee Survey Headlines 
2023 Employee Survey Headlines 
Following on from the 2023 Employee Survey that ran from 21 August – 15 September
2023, the results have been analysed and the headline results are displayed below. 
• Response rates
• Highest scoring questions
• Lowest scoring questions
• Areas of improvement, sustained performance and development 
Response Rates: 
Distribution
method
Sent
out Returns
2023
Response
Rate (%)
2019
Response
Rate (%)
2017
Response
Rate (%)
2015
Response
Rate (%)
Paper
questionnaire
*
562 63 11.2% 19.4% 61.4% 9.5%
Online /
electronic
survey 
4,811 1.152 23.9% 34.4% 39.4% 35.2%
Total  5,373 1,215 23% 31% 42% 31% 
NB: lower response rate attributable to short lead in time to engage with the workforce and
promote the survey 
Highest Scoring Questions: 
96%     It is clear to me what is acceptable and unacceptable behaviour in the workplace 
89%     I enjoy the work I do 
87%     I am clear what my duties and responsibilities are 
85%     I feel respected by my colleagues 
83%     My line manager/ supervisor treats me fairly and with respect 
83%     I believe my line manager/supervisor cares about my well-being 
Lowest Scoring Questions: 
22% I believe Elected Members provide leadership for the Council 
28% I believe that the Council will take action to address issues arising from the survey
36% I know what Elected Members do
44% I believe senior management have a clear vision of where the organisation is going
45% Communications from the Council are open and honest 
45% Overall, I am satisfied with communication in the Council 
Item 11.
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2 | P a g e
Moray Council – 2023 Employee Survey Headlines 
Key Finding
Key Improvements  2023 %
agreeing with
statement 
2019 %
agreeing with
statement 
% change
since 2019
I feel I am coping well 74% 54%
(2022 MH
survey)
+20%
I  am given the proper equipment to keep me safe and
protect my health 82%  76%  +6%
Do you feel your mental health is sufficiently supported
at work 59% 53% +6%
Relationships at work are strained* 27% 33% -6%
Areas of Sustained Performance   
I know what Elected Members do 36% 36% No change
I am kept well informed about what is happening in my
team 70% 70% No change
I have the opportunity to participate in regular team
interactions (or meetings) 74% 74% No change
The information I receive is easy to understand 74% 74% No change
I am able to access the training and development
opportunities that I need 58% 58% No change
My line manager/supervisor manages staff in our team
fairly and consistently 72% 72% No change
I am clear what my duties and responsibilities are 87% 87% No change
Areas for Development   
I am aware of the challenges that face the Council over
the next few years
73% 86% -13%
I expect the Council will have to change the way it
delivers services because of these changes 73% 82% -9%
I am kept well informed of what is happening in the
council by my line manager/ supervisor 68% 77% -9%
I have been able to maintain and/or improve my mental
health and wellbeing during the last year
59%
65% 
(2022 MH survey)
-6%
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3 | P a g e
Moray Council – 2023 Employee Survey Headlines
I am kept well informed about what is happening within
the Council 48% 54% -6% 
The next step is to produce a corporate analysis booklet which will be published on the
interchange and departmental summaries once the results have been reported to Corporate
Committee. The departmental summaries will be issued to each Depute Chief Executive and
Head of Service and these will be used to help inform specific areas of action both from within
the departments and in conjunction with corporate initiatives such as employee engagement
and workforce culture. The outcome of the survey will support informing the direction of the
workforce culture work and address any arising issues.   
Indicative Timescales:
Corporate Analysis (booklet) – November 2023
Departmental Summaries (spreadsheet style) – December 2023 
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Appendix C
Year on Year Comparison 
Year on year comparison There are a number of indicators in the 2023 questionnaire that have been
kept the same as previous years to allow for year-on-year comparisons.
Key Static (+/- 2%)
n/a = not asked Decline – high risk (above 5% variance)
Improvement * = Negative question 
Table 1: Year on Year Comparison on selected indicators 
2023 2019 2017 2015 2013 % change
since 2019
I am kept well informed about what is
happening within my team 70% 70% 66% 65% 60% No change
I am clear about what my duties and
responsibilities are  87% 87% 88% 87% 87% No Change
I can see how my job links to the
Council’s objectives and priorities 60% 59% 55% 45% 47% +1%
The training and development I
receive helps me to do my job better 63% 58% 59% 62% 49% +5% 
Table 2: Highest percentage changes since 2019  
2023 %
agreement
with the
statement
2019 %
agreement
with the
statement
%
Change
since
2019
I feel I am coping well 74% 54%
(2022 MH
survey)
+20%
I  am given the proper equipment to keep me safe and protect
my health 82%  76%  +6%
Do you feel your mental health is sufficiently supported at work 59% 53% +6%
Relationships at work are strained*  27% 33% -6% 
Table 3: Lowest percentage changes since 2019
Item 11.
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2023 %
agreement
with the
statement
2019 %
agreement
with the
statement
% change
since 2019
I know what Elected Members do 36% 36% No change
I am kept well informed about what is happening in my
team
70% 70% No change
I have the opportunity to participate in regular team
interactions (or meetings)
74% 74% No change
The information I receive is easy to understand 74% 74% No change
I am able to access the training and development
opportunities that I need.
58% 58% No change
My line manager/supervisor manages staff in our team
fairly and consistently
72% 72% No change
I am clear what my duties and responsibilities are 87% 87% No change
I know what Elected Members do 36% 36% No change 
Table 4: Largest percentage decreases since 2019  
2023 %
agreement with
the statement
2019 %
agreement with
the statement
% Change
since
2019
I am aware of the challenges that face the Council
over the next few years
73% 86% -13%
I expect the Council will have to change the way it
delivers services because of these changes
73% 82% -9%
I am kept well informed of what is happening in the
council by my line manager/ supervisor
68% 77% -9%
I have been able to maintain and/or improve my
mental health and wellbeing during the last year
59% 65% 
(2022 MH survey)
-6 %
I am kept well informed about what is happening
within the Council
48% 54% -6% 
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: PROGRESS ON 2023/24 EMPLOYMENT POLICY REVIEWS 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 The Committee is invited to consider and approve the updates to two
employment policies identified for review during 2023/24. 
1.2 This report is submitted to Committee in terms of Section B (24) Section (a) to
(c) and Section B (25) of the Council's Scheme of Administration relating to
the formulation, implementation and review of policies and practices for
Council employees. 
2. RECOMMENDATION 
2.1 The Committee is asked to consider and approve the updates to the
employment policies below: 
i) Policy to Combat Fraud, Theft, Bribery and Corruption: updates to
reflect good practice and promote the importance of creating a
culture of prevention; 
ii) Pregnancy Loss Special Leave policy addendum: provisions for
employees who experience a loss of the pregnancy before 24
weeks of pregnancy; and 
iii) To note the policies scheduled for review for 2024-25 and confirm
or provide feedback on proposed schedule. 
3. BACKGROUND 
3.1  The Council’s employment policy framework is reviewed regularly to ensure it
remains up-to-date in terms of legislative requirements, good practice and
operational relevance.   
3.2 For 2023-24, this continued the previously agreed approach that due to
continuing service pressures policy work would be taken forward for only
essential amendments or developments.  Policies are reviewed initially
through a desk-top exercise to establish the level of review required: minimal
Item 12.
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for essential updates, mid-level for more in-depth amendments or full where a
change of approach is being considered.   
3.3 The two policies referred to in this report have been reviewed as set out below
and summary reviews are also attached for reference (Appendices 1 and 2).
The revised policies with tracked changes are available on the elected
members’ portal. 
3.4 Based on the desk top reviews referred to above, work required on policies for
review was categorised as noted below: 
New: Pregnancy Loss addendum to Special Leave Policy
Minimal review: Policy to Combat Fraud, Theft, Bribery and Corruption 
3.5 Table 1 sets out the main amendments for the policies under review. 
Policy Name Description
Pregnancy
Loss –
addendum to
Special Leave
Policy
The Pregnancy Loss addendum is a new provision for
inclusion within the Special Leave policy which outlines the
provision for employees experiencing the impact of
pregnancy loss before 24 weeks gestation. The policy aims
to provide provision in advance of the Miscarriage Leave
Bill becoming law. 
Policy to
combat Fraud,
Theft, Bribery
and
Corruption  
The policy has undergone a minimal review which ensures
good practice is maintained. The main changes are: 
• Updated to reflect current job titles and
arrangements.
• Accommodation of provision to cover all staff and
Elected Members
• Emphasis and encouragement of good conduct and
proper use of public resources
• Definitions added to ensure clarity of understanding.
• Added hyperlinks and contents page for ease of
navigation.
• Added hyperlinks to associated policies. 
Policies scheduled for review in 2024 - 25 
3.6 With a return to business as normal, the number of policies being reviewed
will increase in line with increased capacity. Policy reviews have returned to
the 5-year rolling review programme which allows for the current employment
policies to be subject to a regular and timely review. However, it should be
noted that where impending legislation or operational demands require earlier
reviews, these will be scheduled accordingly to ensure compliance and
service delivery is maintained.  The following policies have been scheduled
for review in 2024-25: 
POLICY RATIONALE
Recruitment and Selection Scheduled review 
Equality and Diversity Scheduled review
Politically Restricted [ Scheduled review
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Computer Use Policy to include
Social Media. 
To address computer use and
provide clarification on use of social
media in the workplace
Fire Safety Scheduled review 
Health and Safety Scheduled review 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
The work noted in this report supports the Council in achieving the
objectives and priorities in the Corporate and 10 Year Plan and sets out
how the Council will meet the challenges in making best use of our
workforce and resources. In particular, the actions will ensure continued
progress towards the Council’s commitment to be a good employer. 
(b) Policy and Legal
There are no policy and legal implications arising from this report. 
(c) Financial implications
There are no financial implications arising from this report. 
(d) Risk Implications
There are no risk implications arising from this report other than those
set out within the body of the report. 
(e) Staffing Implications
There are no staffing implications arising from this report. 
(f) Property
There are no property implications arising from this report. 
(g) Equalities/Socio Economic Impact
There are no equalities/socio economic implications arising from this
report. 
(h) Climate Change and Biodiversity Impacts
There are no climate change or biodiversity impacts arising from this
report. 
(i) Consultations
Consultation has taken place with the Personnel Forum and the views of
managers have been incorporated.  The policies have been developed
and discussed with the Policy Forum with Trades Union representatives
for Scottish Joint Council employees, Craft Operatives and Teachers. 
Following the meeting of the Committee, items will be submitted for
ratification to the relevant Trade Union / Officer groups. 
5. CONCLUSION 
5.1 Each year the Council’s employment policy framework is reviewed to
ensure that the policies remain up to date and relevant based on the
priorities within the Corporate Workforce Plan and the strategic
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direction of the Council. The policies referred to in this report ensure
that the 2023-24 review has been undertaken in accordance with these
priorities. 
Author of Report: Anne Smith, Senior OD Adviser 
Background Papers:  Appendix 1 Pregnancy Loss Addendum to Special Leave
Policy
Appendix 2 Policy to combat Fraud, Theft, Bribery and 
Ref: SPMAN-1656699058-158 / SPMAN-1656699058-165 /
SPMAN-1656699058-166 
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APPENDIX 1 
POLICY REVIEW RECORD
PREGNANCY LOSS ADDENDUM TO SPECIAL LEAVE POLICY
Background  A notice of motion from Full Council on 7 December 2022
requested that the council considered embedding the standards
outlined in the Miscarriage Association Pregnancy Loss Pledge
within the Moray Council’s employment policies.
The Miscarriage Leave Bill is a Private Members Bill that is
currently being considered by Parliament.  If it becomes law, the
Bill will create a statutory right to three days of paid leave for
parents who have suffered a loss before 24 weeks of
pregnancy, including ectopic and molar pregnancies.
Anticipated date of outcome of the consideration is 2024.
As a result of the notice of motion, it is proposed that the special
leave policy is amended to reflect the new bill before it becomes
law, enhancing the special leave provisions already in place. 
Benchmarking with a number of other Local Authorities, along
with research into the legislative requirements has been
undertaken.
Findings  In summary, the Council’s Special leave Policy is in line with
neighbouring local authorities and best practice, however there
is scope to further enhance its use and effectiveness in the
workplace by inclusion of reference to Pregnancy Loss.
Suggestions for development of content:
• Policy content:  The inclusion of Pregnancy Loss is
recommended.
• Full paid leave from day 1 of employment for the
employee, their partner or surrogate
• There is no limit on the number of times this can be
taken, if someone is impacted by more than one loss.
• 3 days minimum but recommendation is up to 5 days for
both parents and if further time off is required revert to
Health and Work policy provisions. This is in line with
other provisions within the Special Leave policy. 
• This could include miscarriage and abortion.
• Time off during and after a miscarriage is protected as
‘pregnancy-related’ leave and should not be included in
the FARM process.
Item 12.
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• The amendment of the Parental Bereavement Form to
include the addition of Pregnancy Loss. 
• Of those councils supporting this type of leave evidence
of pregnancy was not requested and given many
miscarriages occur in the early period of gestation and
often before disclosure to family and friends, it is
proposed that evidence will not be required.  
It is therefore recommended that an addendum to the Special
Leave Policy is completed as detailed above. 
Implications The above changes would ensure that the Council meets the
potential future legislative requirements and maintains good
practice. 
Summary  In order to move forward with reviewing this Policy, members of
the Committee are asked to consider the suggested
amendments above. 
Pregnancy Loss (addendum to Special Leave Policy) 
To be inserted into the existing policy under Compassionate Circumstances 
3.3 Pregnancy Loss
3.31  An employee (or surrogate and/or intended parent) experiencing pregnancy
loss as a result of miscarriage including ectopic or molar pregnancy or
abortion that is less than 24 weeks gestation will be afforded up to a minimum
of three normal working days paid leave of absence.  This can be extended to
five days where required and in consultation with the Head of Service. If
further absence is required, this will be managed in accordance with the
Health and Work Policy. 
3.32 The timing of the leave will be agreed with the line manager and will normally
be taken within a month of the pregnancy loss.
3.33 Employees should liaise with their line manager regarding the leave required.
3.34 A separate period of leave is afforded for each pregnancy loss. 
3.35 The Health and Work policy will be applied to any sickness absence required
in addition to special leave. 
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1 
APPENDIX 2 
POLICY REVIEW RECORD 
Policy to Combat Fraud, Theft, Bribery and Corruption 
Background  This policy was last reviewed in 2020. Little has changed in the
interim, however it is good practice to update on a regular basis. 
Findings  Key Points 
 Policy updated to include current job titles and revised
arrangements as the Corporate Integrity Group is no
longer operational. 
 Applies to elected members and staff. 
 Main focus is on culture and prevention; maintaining
processes that encourage good conduct and proper use
of public resources. 
 Recognises there will be issues to be investigated from
time to time and what that will involve. 
 Definitions have been added for clarity. 
 Hyperlinks and contents page will be added for ease of
navigation. 
 List of associated policies hyperlinked in line with
employment policy format. 
Implications  Updated Policy to meet the Council’s requirements for the
prevention and detection of Fraud, Theft, Bribery and Corruption 
Summary  The policy summarises the council’s approach to culture,
prevention and detection of fraud and related behaviours and
affirms a zero tolerance of misuse or misappropriation of public
funds 
Policy document with tracked changes:
Item 12.
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2 
Policy to Combat Fraud, Theft, Bribery
and Corruption 
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3 
Policy to Combat Fraud, Theft, Bribery and Corruption 
Table of Contents (will be formatted and hyperlinked to each section) 
Introduction         2 
Scope of Policy         2 
Culture          2
Prevention         3
Detection and Investigation       6
Training         8
Summary of Key Messages       8
Associated policies and documents      8 
1. Introduction 
1.1 The Council, as a major public sector organisation, recognises its
responsibilities for good governance and for the proper stewardship of public
funds. It has a duty to secure best value in the administration of these funds
and is committed to preventing fraud, theft, corruption and bribery. The
Council is also committed to developing, maintaining and promoting a culture
of vigilance, as well as the reporting and investigation of such activities.   
1.2 This policy is built around a counter fraud culture supported by
practices to deter and detect fraudulent and corrupt activities. It takes account
of the Council’s statutory obligations, including, and in particular, the
provisions of the Bribery Act 2010.   
2. Scope of the Policy 
2.1 This policy applies to all Moray Council employees, elected members,
agents and associated persons, companies and organisations performing
services for and on behalf of Moray Council.  All reference to “employees” and
“elected members” in this policy shall include reference to agents and
associated persons, companies and organisations performing services for
and on behalf of Moray Council. 
3. Culture 
3.1 There is an expectation that all staff and elected members will act
within the law and with honesty and integrity at all times. In particular, all staff
and elected members are expected to refrain from engaging in fraudulent or
corrupt activity of any kind and shall refrain from the offering, making or
accepting bribes, whether financial or otherwise.   
3.2 All Council staff are expected to report any concerns regarding actual
or suspected fraud, theft, corruption and bribery either directly to the Audit
and Risk Manager, as required by Financial Regulations where financial
impropriety is concerned or in terms of the Council’s <<Whistleblowing
Deleted:  workers,
Deleted: workers,
Deleted: Internal Audit Manager
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4 
(Confidential Reporting) policy>>administered by the Human Resources
Service. Elected members are expected to report in similar terms to the
Council’s Monitoring Officer.   
3.3 Likewise there is an expectation that all agents and associated
persons of companies and organisations providing works, goods or services
to the Council will support the culture promoted in this policy by adhering at all
times to the conditions of contract specified by the Council. 
.
3.4 The Council has developed a range of policies and procedures to
promote good practice and high standards of conduct. These include codes of
conduct for both elected members and employees and reflect the principles of
public life identified by the Nolan Committee, including selflessness, honesty
and integrity. This also takes in the Duty (Public Service) and Respect
principles added by the Scottish Government. 
3.5 Breaches of the <<Councillor’s Code>> may be referred to the
Standards Commission. 
3.6 Breaches by employees may be the subject of internal disciplinary
procedures. These procedures are comprehensive and provide that theft,
fraud, attempted fraud, corrupt behaviour or bribery may constitute gross
misconduct leading to summary dismissal. 
3.7 Council staff are an important element in its stance on fraud, theft,
corruption and bribery practices. Staff recruitment procedures require
references to be taken up for potential staff in terms of their propriety and
integrity prior to an offer of employment being made. There is a general
expectation that all employees will follow any code of conduct related to their
personal professional disciplines. 
3.8 Staff can raise any concerns they may have in relation to malpractice
where this is associated with the Council’s activities. A Confidential ‘whistle
blowing’ policy and procedure is in place which enables employees to raise
any concerns they may have about any aspect of the Council’s work without
fear of victimisation, subsequent discrimination or disadvantage, and in the
knowledge that such concerns will be properly investigated. 
4. Prevention 
4.1 The Council has a statutory responsibility to make arrangements for
the administration of its financial affairs under the direction of a proper officer
- the Chief Financial Officer.  The Council has incorporated within its standing
orders and procurement procedures, arrangements in respect of contracts for
the supply of services, goods or materials and the execution of works. These
ensure that established and consistent contracting procedures are available
for use by the Council, and all procuring officers are either fully trained or are
Deleted:  (whistleblowing)
Deleted: workers,
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5 
given support by Procurement Officers as part of the Supported Tender
Process. 
4.2 The Audit and Scrutiny Committee has a remit which includes ensuring
that the highest standards of probity and public accountability are
demonstrated. This involves oversight of internal control processes as a
contribution to good governance and generally supporting an anti-fraud, theft,
corruption, and bribery culture. This Committee considers reports produced
by Internal and External Audit on the Council’s systems; reports which include
recommendations to strengthen internal controls and in turn reduce the risk of
fraud and related behaviours going undetected. 
4.3 Managers too have an on-going responsibility for implementing
effective systems of control which secure the legitimacy of expenditure, the
safeguarding of assets and income, the reliability of management information,
the accuracy of record keeping and compliance with statutory guidance. They
also have a responsibility for communicating this policy to their staff and
ensuring established systems are followed. 
4.4 In addition, risk management arrangements have been adopted to
identify areas that may be susceptible to fraud, theft, corruption or bribery and
to implement controls to manage any identified risks. The effectiveness of
these controls is considered by the Audit and Risk Manager in the preparation
of an annual audit plan of work endorsed by the Audit and Scrutiny
Committee 
4.5 Investigation of Housing Benefit Fraud is the responsibility of the
Department for Work and Pensions (DWP), this benefit, however, remains in
payment by the Council. The Council has nominated a single point of contact
within Internal Audit in the Corporate Investigations Officer - to enable the
information necessary to progress any investigations to be extracted and
exchanged with DWP. A joint working protocol is in place. The Corporate
Investigations Officer works under the direction of the Senior Auditor and will
work with other officers of the Internal Audit Section to consider allegations of
officer fraud, tenancy fraud, suspected false applications for council tax
reductions or discounts, and misuse of awards made from the Scottish
Welfare Fund.  The Corporate Investigations Officer will also be required to
audit systems and procedures to review their effectiveness and if appropriate,
make recommendations to improve controls put in place by management to
manage the risk of fraud.   
4.6 There is a requirement that staff must declare any conflicts of interest
arising directly or indirectly from their employment with the Council.  This
interest may be financial or be one that a member of the public might
reasonably think could influence the judgement of a member of staff. All staff
of the Council must act and be seen to act in the public interest and are
expected to conduct themselves with integrity, impartiality and honesty. A
Deleted: existing or new, which
Deleted: ¶
¶
The effectiveness of these controls is independently monitored
on a planned basis by internal audit in accordance with an
annual plan of work endorsed by the Audit and Scrutiny
Committee. ¶
¶
Deleted:  The Corporate Investigations Officer also has a
remit to consider allegations of tenancy fraud, suspected false
applications for council tax reductions or discounts, and
misuse of awards made from the Scottish Welfare Fund. 
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6 
conflict of interest may arise if an officer’s outside activities, private, personal
or financial interests influence or appear to or could be perceived to influence
a decision made in the course of their work for the Council.  In order to avoid
any accusations of impropriety, staff must alert their line manager of any
potential conflicts of interest and the line manager, in turn, must pass details
of these to the Head of Human Resources, ICT & Organisational
Development for recording in a register of staff interests. 
4.7 A separate Code of Conduct policy applies to employees who
undertake other <<employment outside the Council>>. Normally, such
employment will be permitted unless there is a clear conflict of interest or it is
likely to have an adverse effect on the work of the Council.  Where approval is
given to an employee to undertake paid outside work in line with the policy,
details must be forwarded to the Head of HR, ICT and Organisational
Development for retention. Employees are not permitted to use equipment
and resources of the Council in any paid outside employment or for personal
benefit.   
4.8 A register of members’ interests is maintained to record interests
declared by elected members. 
4.9 Elected members and employees are required to declare any offers of
gifts or hospitality which are, or may be construed to be, related to the
performance of their duties with the Council.  In line with current Council
policy, hospitality or gifts not exceeding £30 in value may be accepted, but
elected members or employees must not accept repeated gifts or hospitality
from the same source, and they should not accept free travel,
accommodation, or other inducements from current or prospective suppliers
to the Council. Where hospitality or gifts exceeding £30 in value are accepted,
these should be notified to the relevant Head of Service (Monitoring Officer
for elected members) for recording in the registers of gifts and hospitality.   
4.10 Management must ensure that sound systems and procedures,
incorporating efficient and effective internal controls, are in place. The Internal
Audit Section will review these systems and procedures to identify potential
vulnerabilities and make recommendations to improve the control
environment. 
4.11 The Council will continue to work with other organisations to manage
its fraud risks and share best practices through participation in counter fraud
forums at local and national levels. This will include the Scottish Local
Authorities Investigators Group (SLAIG) and the NHS’s Counter Fraud
Service (CFS). A proactive approach to fraud detection will be followed,
including enhanced use of techniques such as data matching and intelligence
sharing with partner organisations within the provisions of the General Data
Protection Regulations (UK). Positive publicity about the successful detection
or prevention of fraud will also play a key part in deterring others and
promoting staff safety. 
Deleted: ¶
Further preventative measures are promoted through a
Corporate Integrity Group, chaired by the Monitoring Officer
and including officers from Finance, Internal Audit, Trading
Standards, HR, Procurement, Property Services, IT, and
Press/PR. ¶
¶
The Group’s purpose is to:¶
¶
Identify potential vulnerabilities in systems and procedures;¶
Have an action plan to address them;¶
Improve lines of communication both within the Council and
with the¶
Police and other Councils;¶
Monitor policies and practice in this area.¶
<#>Promote staff safety¶
¶
¶
The Action Plan details known crime, fraud and corruption
risks with the mitigation measures in place for each. The plan
is regularly reviewed in light of alerts from the National Fraud
Initiative, Police Scotland and from relevant press articles.
Where appropriate these are shared with staff to encourage
increased vigilance against potential threats. ¶
¶
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7 
5. Detection and Investigation 
5.1 Fraud 
5.2 The term ‘fraud’ refers to the deliberate use of deception or
dishonesty to disadvantage or cause loss to another person or party. 5.3
The Council’s Financial Regulations provide that where any matter arises
which involves or is thought to involve a fraud or other irregularity that affects
the affairs of the Council the matter should be drawn to the attention of the
Audit and Risk Manager. 
5.4 The Audit and Risk Manager shall then arrange for an investigation to
be carried out to the extent necessary depending on the circumstances
presenting in each case.  In the event that the investigation indicates
misconduct by a member of staff the Council’s disciplinary procedures shall
apply. 
5.5 Further, where misconduct is established, the Audit and Risk Manager
in consultation with the relevant Head of Service and the Depute Chief
Executive (Education, Communities and Organisational Development) will
determine if the matter should be referred to the police having regard to all
salient factors of the case. 
5.6 Where there is a financial loss, the Council will seek to recover the
amount of the loss, including where a fraud is material, by means of recovery
through a civil court. In determining the action to be taken, regard will be had
to the amount of the loss, the likely costs of any recovery action and the
prospects of successful recovery of the amounts lost. 
5.7 Where an employee has left employment as a result of a negligent act
or misappropriation of funds, it may be possible to recover all or part of any
losses from the pension benefits of the employee.  Such action will be taken
in consultation with the Chief Financial Officer. 
5.8 The Council participates in the National Fraud Initiative. This requires
submission of various data sets at prescribed intervals to the Cabinet Office.
The information supplied is matched to similar data provided by other public
bodies and then made available to the Council for use in data matching
exercises designed to detect fraud and error.  Matches shall be tested to the
extent necessary to provide assurances on the accuracy of council systems or
to follow up the circumstances arising from suspected irregularities. 
5.9 Bribery and Corruption 
5.10 A bribe is a financial or other type of advantage that is offered or
requested with the intention of inducing or rewarding improper performance of
a function or activity. Corruption is the unlawful offering, giving, soliciting or
acceptance of an inducement or reward, which could influence the actions
taken by the Council, its elected members or its employees. 
Deleted:  Internal Audit Manager
Deleted: Internal Audit Manager
Deleted: Internal Audit Manager
Deleted: ¶
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8 
5.11 Employees 
The Council will fully investigate any instances of alleged or suspected bribery
or corruption through the Council’s disciplinary procedures.  Where an
employee is found to have offered, given, solicited or accepted an
inducement or reward, this may constitute gross misconduct and could result
in summary dismissall.   
5.12 Elected Members 
5.13 Where allegations of bribery or corruption are made about an elected
member, the matter shall be referred to the Monitoring Officer.  The
Monitoring Officer may refer the matter to the Police and/ or the Ethical
Standards Commissioner for investigation. 
5.14 Agents, associated persons, companies and organisations 
In its dealings with parties external to the organisation, the principal risk to the
council shall be in relation to the acquisition of goods, work or services.
Adherence to established procurement policies and related financial
regulations shall mitigate any risks, with proportionate due diligence
arrangements in place. Any alleged irregularities shall be investigated and
appropriate actions taken to protect the Council’s interests which may include
termination of any contracts or agreements in place.   
6. Training 
6.1 The Council recognises that the continuing success of its policy to
combat fraud, theft, bribery and corruption and its general credibility will
depend largely on the effectiveness of training and responsiveness of staff
throughout the organisation. 
6.2 To facilitate this, the Council supports the concept of induction training,
with emphasis on the application of codes of conduct for elected members
and staff. These codes promote and encourage behaviours consistent with
the principles of public life. Refresher sessions are available from time to time
for elected members and through the Moray Management Methods training
programme for staff. 
7. Summary / Key Messages 
7.1 The Council will not condone fraud, theft, bribery or corruption, whether
it is attempted on the Authority or from within it. 
7.2 An anti-fraud culture has been adopted to encourage staff to report on
suspected malpractice. 
Deleted: The Council will fully investigate any instances of
alleged or suspected bribery through the Council’s disciplinary
procedures.  Where an employee is found to have offered,
given, solicited or accepted a bribe this may constitute gross
misconduct and could result in summary dismissa
Deleted:  having offered, given, solicited or accepted a bribe
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9 
7.3 Preventative measures have been put in place to minimise the risk of
fraud or irregularity going undetected. 
7.4 Any suspected fraudulent activity shall be investigated promptly and
thoroughly, with appropriate disciplinary actions being taken against those
responsible. 
8.  Associated Policies and Guidance 
<hyperlinks to be added on publishing> 
Whistleblowing (Confidential Reporting) Policy 
Councillors Code of Conduct 
Code of Conduct 
Disciplinary Policy 
Recruitment and Selection Policy 
Outside Employment 
Data Protection policy 
Updated: February 2023 
Next Review: February 2028 
Deleted: January
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REPORT TO: CORPORATE COMMITTEE ON 30 JANUARY 2024 
SUBJECT: SCOTTISH WELFARE FUND BUDGET PRESSURES 
BY:  DEPUTE CHIEF EXECUTIVE (EDUCATION, COMMUNITIES AND
ORGANISATIONAL DEVELOPMENT) 
1. REASON FOR REPORT 
1.1 To update the Committee on the current budget situation in respect of the
Scottish Welfare Fund scheme. 
1.2 This report is submitted to Committee in terms of Section III (B) (7) of the
Council's Scheme of Administration relating to the regulation and
management of finances of the Council in accordance with the policies
determined by the Council and to prepare and review from time to time such
rules as may be necessary for the proper administration of the Council’s
financial affairs. 
2. RECOMMENDATION 
2.1 It is recommended that the committee: 
i) Note the pressures on the Scottish Welfare Fund and the ongoing
demand on this service as outlined in this report; 
ii) Note the duties placed on local authorities when managing the
funds, as outlined within section 5 of this report; 
iii) consider and agree to restrict the priority rating to a “high most
compelling” (as described in section 5 of this report) when
individual applications for Scottish Welfare Fund  are being
assessed during quarter 4 of 2023/24, and notify the Scottish
Government Social Security Directorate and the Scottish Public
Services Ombudsman of this action; and 
iv) Consider the ongoing implications on vulnerable applicants and
socio-economic disadvantages; the impact on staff having to make
more difficult decisions; the increased demands and continued risk
to the budget should it not be augmented in the financial year
2024/25. 
Item 13.
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3. BACKGROUND 
3.1 The Scottish Welfare Fund (SWF) was established in 2013 after responsibility
for the Department for Work and Pensions administered Discretionary Social
Fund was transferred to the devolved governments.  The SWF is funded by
the Scottish Government but administered by local authorities. While there are
national regulations and statutory guidance, local authorities are given
significant discretion over how they administer the fund so it can be tailored to
local needs.  SWF provides two kinds of non-repayable grants, crisis grants
and community care grants, which act as a safety net to people on low
incomes. 
• Crisis Grants provide short-term support in order to avoid serious risk to
the health or safety of the applicant or their family.  Although the nature of
the crisis is often defined as an emergency or a disaster, it is more often
the case that it is an individual or family that is experiencing hardship while
they await the outcome of welfare benefit claims or following a sanction of
benefits, or have no money left for living expenses.  Crisis Grants tend to
be paid by voucher providing cash for food, living essentials or fuel credit. 
•  Community Care Grants provide help to establish or maintain a settled
home.  The risk in this scenario is that the applicant’s tenancy cannot be
sustained without this support.  In addition Community Care Grants
support vulnerable individuals to get established in a new tenancy.  The
majority of Community Care Grants are “paid” by the provision of white
goods and household items such as beds. 
3.2 Eligibility for SWF crisis grant is met when claimants can demonstrate that
they have exhausted their existing source of income and have no other
means from which to pay for their living expenses.  The scheme requires
proof of hardship and, when appropriate, the circumstances that lead to that
hardship (e.g. when a theft or loss of money is reported to police).  It is also
necessary to identify when the next regular payment of income is due, as the
amount of crisis grant awarded will be calculated over the number of days
starting from the date of claim up to that date.   
3.3 The Scottish Government designed a holistic approach to delivering the
service.  Not only do SWF staff have to consider applications and make
awards but they also provide wider support; aiming to identify the root cause
of an applicant’s difficulties and provide guidance to them and make referrals
to other support services as appropriate, such as money advice, social work,
housing options.   
3.4 The Scottish Government initially intended the SWF scheme to be a fund of
last resort, where all other statutory means of financial support is exhausted
prior to SWF being considered.  However it has now become a major source
of cash available to people in Scotland who find themselves without enough
food or money for essentials.  
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3.5 From June 2020 to October 2023 SWF was administered alongside the
council’s in-house hardship payment scheme known as the Flexible Food
Fund which was funded by the Scottish Government’s Covid Relief Funding
and Winter Support Funding.  The Flexible Food Funded provided a
preventative and more flexible safety net for household experiencing hardship
struggles throughout the covid pandemic and the cost of living crisis.  Report
to the Corporate Committee on 30 November 21 provides additional
information on the Flexile Food Fund scheme.  However this scheme closed
in October 2023 due to funding coming to an end.   
3.6 On 29 June 2023, the Scottish Government’s Tackling Child Poverty and
Social Justice Directorate wrote to all LA Chief Executives about their new
“Cash First” approach to financial hardship and their ambition to end the need
for food banks in Scotland. This set out the Scottish Government’s human
rights approach to food insecurity and outlines nine collaborative actions over
the next three years to improve the response to financial crisis and start to
reduce the need for emergency food parcels. This included provision of a two-
year Cash-First Fund which would support eight local partnerships across
Scotland to collaborate and deliver activities that improve urgent access to
cash in a crisis.  Applications were invited from partnerships for funding (a
maximum of £200,000) to support local activities linked to improving urgent
access to cash in a crisis.  As a partnership approach the Fairer Moray Forum
Action Group, with the Council as lead partner, applied for funding in
September 2023 but was unfortunately unsuccessful. 
4. DEMANDS ON GRANT BUDGET
4.1 Application demand and grant spending is monitored weekly in order to
determine the ongoing level of provision and to keep spending within budget. 
Historically, we have managed the budget prudently, accumulating
underspend to cope with pressures from demand.   
4.2 The following table provides the annual spending over recent years in
comparison with the Scottish Government’s allocated annual budget and the
under-spend accumulated carried over from previous years.  In 2020/21 the
annual budget was higher than normal due to the onset the covid pandemic,
however spending was less than anticipated due to the existence of the
council’s in-house hardship support scheme, the Flexible Food Fund, as
previously mentioned in paragraphs 3.5 and 3.6 of this report.  Winter Support
Funding provided by the Scottish Government supplemented the budget in
2022/23. 
2019/20 2020/21 2021/22 2022/23 2023/24
Scottish Gov’s 
Annual Allocation 
391,741 682,185        440,290 471,146 440,224
Total SWF spent 394,700 480,000 596,920 618,176 443,579 
(at 31.12.23)
% of annual
allocation 
100.76% 70.36% 135.57% 136.71% 100.76%
Under + / Over – -2,959 202,185 -156,630 -147,030 -3,355
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spend in year
Additional Winter
Support Funding
n/a n/a n/a 93,450 n/a
Cumulative under-
spend carry
forward
65,059 267,243 110,613 57,032 53,677
remaining
budget       
4.3 Analysis of previous years’ trends demonstrates that demand for financial
support following the festive period remains high in quarter 4 of a financial
year.  The table below compares this financial year’s monthly spending with
2022/23.   
2022/2023  2023/2024 
April  65,958.67   44,488.20 
May   70,125.87   68,032.49 
June   54,589.20   51,123.86 
July   36,035.92   58,038.87 
August   41,050.08   63,219.20 
September   58,154.60   54,029.98 
October   61,196.41   34,123.52 
November   40,865.31   39,065.61 
December   35,805.51   31,457.12 
Sub Total £463,781.57 £443,578.85
January   73,343.79   
February   55,887.96   
March   51,108.16   
TOTAL £644,121.48 
4.4 Moray is not unique in experiencing pressurised demand on the SWF budget. 
Scottish Government figures as at 31 October 2023 at 50% of the budget
year, show that 23 councils out of 32 had reached a spending level in excess
of 70%; with 6 councils in excess of 90% and a further 4 councils in excess of
100%.  At that time Moray’s spending level was at 85% of the annual budget
(75% of the overall budget including the previous year’s under-spend). 
4.5 It should also be noted that local factors and pressures such as use of
temporary housing and new builds also affect demand on SWF, particularly in
respect of community care grants.  For example, new builds for rental
purposes mainly in the Forres area have increased spending to over £17K
since April 2023.  Items purchased for these tenants have included white
goods, beds and flooring. 
5. FINANCIAL MANAGEMENT OF WELFARE FUNDS 
5.1 At any time throughout the financial year local authorities have the discretion
to consider whether items requested by applicants are low, medium or high
priority in terms of the level of need and risk.   There is more scope with
Community Care Grants when awarding household items to limit spending to
high priority items; goods that are essential, which will have a significant
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impact and an everyday need, such as white goods and beds. To preserve
the budget at this time, items that would have a moderate adverse impact and
less noticeable effect are no longer being awarded, for example, sofas and
flooring for all rooms.  However there is very limited opportunity to adjust
spending or priority on Crisis Grant applications which are for essential daily
living costs such as food, gas and electricity. 
5.2 The following table provides a general indication of the type of decision
making levels for Community Care Grants at low, medium and high priority
levels.  However each case is assessed on its own merits taking into account
the applicant’s and their dependent’s vulnerabilities.  It should be noted that
Moray has been operating at high priority continuously since the start of the
2023/24 financial year. 
Priority Level Items considered
High White goods, flooring for living areas, sofa and beds
Medium White Goods, flooring all rooms, sofa, beds, vacuum
cleaner, curtains for children’s bedrooms, chest of drawers,
table and chairs.  
Low White goods, flooring all rooms, sofa, beds and bedding,
vacuum cleaner, curtains all rooms, chest of drawers, table
and chairs, pots and pans, cutlery. 
5.3 The Scottish Government has provided the following guidance to support local
authorities manage acute budget pressures towards the end of the financial
year.   
“If a local authority was to encounter very high levels of demand, such that
there is a real risk that the Funds will be exhausted before the end of the
financial year, it may make use of a “high most compelling” priority rating. 
Under this rating, in order to be successful: 
• the applicant’s need would be judged to be immediate and extremely
severe;
• the applicant is judged to be highly vulnerable and at immediate risk;
• an award for the item or money requested would have a substantial,
immediate and sustained effect in resolving or improving the health and
wellbeing of the applicant or their family;
• there will be significant and immediate adverse consequences if the item
or money is not provided. 
5.4 Local authorities are expected to manage their budget through-out the year in
line with the principles outlined in this guidance.  They should avoid being in a
situation where they enter into the ‘high most compelling’ priority rating mid –
year. It should only be adopted late in the financial year, or potentially after an
event which has increased demand on local authority budgets, for example,
flood causing demand to rise significantly in a particular area, in order to be
able to maintain payments until the end of the period. 
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5.5 Local authorities who adopt the high most compelling rating should notify the
Scottish Government Social Security Directorate and the Scottish Public
Services Ombudsman (SPSO). Where a local authority decides it is
necessary to adopt this rating prior to Quarter 4, they should set out the
reason why it is necessary to do so and the evidence that they have used to
reach that conclusion.  Regardless of the timing, they should make
stakeholders in the local area aware of the adoption of the high most
compelling priority level, and how long this is likely to be in place, to ensure
customers are adequately supported. 
5.6 The Act provides for local authorities to augment their Welfare Fund budget
should they choose to do so.  In so doing, local authorities would require to
establish a further budget heading(s) as there will be a need to monitor and
report on the monies provided by the Scottish Government separately.” 
5.7 Due to the budget pressures reported within this document, particularly the 
trends predicted in this report, it is recommended that consideration be given
to restrict awards to the “high most compelling” priority rating as described in
the guidance and that the Scottish Government and SPSO are notified
accordingly.   
6 SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Poverty and social inclusion is the overarching priorities of the corporate
plan and LOIP. 
(b) Policy and Legal
The Welfare Funds (Scotland) Act 2015 places statutory responsibility on
each local authority to maintain a Welfare Fund.   
(c) Financial implications
No further financial implications other than those outlined in this report
and paragraph (d) below. 
(d) Risk Implications
There is a high risk of the remaining budget being used prior to the end
of the financial year without immediate intervention to restrict further
spending.  As a comparison spending in quarter 4 of 2022/23 was
£180,340 however there is just £53,677 of the budget remaining for
2023/24.   
(e) Staffing Implications
There are no staffing implications as a result of this report.   
(f) Property
There are no property implications as a result of this report.
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(g) Equalities/Socio Economic Impact
The Fairer Scotland Duty places a legal responsibility on public bodies to
pay due regard to how they can reduce inequalities of outcome caused
by socio-economic disadvantage, when making strategic decisions.  As
the Scottish Welfare Fund is intended to provide a safety net to people
on low incomes, there is risk that future applicants to the fund will be
disadvantaged by any restrictions put on the budget, causing poverty
and social exclusion.  Should a priority rating of “highest most
compelling” be applied, particular regard to the Equalities Act 2010
“protected characteristics” will be made when assessing the needs of
individual SWF applications. 
(h) Climate Change and Biodiversity Impacts
Although there are no risks identified by this report, there are a number
of publications that link poverty and inequality to climate change.   
https://www.povertyalliance.org/wp-content/uploads/2021/11/SAPR-
36.pdf 
(i) Consultations
The Depute Chief Executive (Education, Communities & Organisational
Development), Head of Governance, Strategy and Performance,
Democratic Services Manager and the Equal Opportunities Officer have
been consulted on this report and their comments incorporated within. 
7. CONCLUSION 
7.1 Across Scotland, overspending of the budget is increasing with those
local authorities annually topping up their funding allocation; however
for many the capacity to continue to do this is diminishing given local
resourcing constraints. 
7.2 The Scottish Government’s guidance on managing end of year SWF
budget pressures recommends that local authorities consider restricting 
individual application award levels to “high most compelling” within
quarter 4 in order to keep SWF spending within the limit of the overall
budget.   
Author of Report: Norma Matheson, Benefits and Money Advice Manager
Background Papers: 
Ref: 
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