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Agenda Document Pack - Audit Committee - 06/12/2022

Midlothian Council · 6 December 2022
Back to Audit Committee — 6 December 2022 and its agenda

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Page 1

Notice of Meeting and Agenda 
Audit Committee 
Venue:  Council Chambers, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 06 December 2022 
Time:  11:00 
Executive Director : Place 
Contact:
Clerk Name: Democratic Services
Clerk Telephone:
Clerk Email: democratic.services@midlothian.gov.uk 
Further Information: 
This is a meeting which is open to members of the public.  
Privacy notice: Please note that this meeting may be recorded. The
recording may be publicly available following the meeting. If you would
like to know how Midlothian Council collects, uses and shares your
personal information, please visit our website: www.midlothian.gov.uk
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1          Welcome, Introductions and Apologies   
2          Order of Business 
Including notice of new business submitted as urgent for consideration at the
end of the meeting. 
3          Declaration of Interest 
Members should declare any financial and non-financial interests they have in
the items of business for consideration, identifying the relevant agenda item
and the nature of their interest. 
4          Minute of Previous Meeting
4.1 Minute Meeting 27 September 2022 Submitted for Approval 3 - 8
4.2 Action log 9 - 10 
5          Public Reports
5.1 Treasury Management Mid-Year Review Report 2022/23, Report
by Acting Chief Financial Officer
11 - 108
5.2 Internal Audit Work to October 2022, Report by Principal Internal
Auditor
109 - 120
5.3 Follow-Up Reviews of Completed Internal Audit
Recommendations & Progress Update, Report by Principal
Internal Auditor
121 - 130
5.4 Risk Management Update – Strategic Risk Profile Quarter 2
2022/23, Report by Chief Officer Place
131 - 168
5.5 Audit Scotland Counter Fraud Reports,  Report by Principal
Internal Auditor
169 - 218 
6          Private Reports 
No items for discussion 
7          Date of Next Meeting 
The next meeting will be held on Tuesday 24 January at 11am. 
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Minute of Meeting 
Audit Committee 
Date Time Venue
Tuesday 27 September 2022 11.00am Virtual Meeting by MS Teams 
Present:
Councillor Smaill (Interim Chair)
Councillor McEwan
Councillor McKenzie
Councillor Scott 
In Attendance:
Grace Vickers Chief Executive
Kevin Anderson Executive Director Place
Fiona Robertson Executive Director Children, Young People and Partnerships
Morag Barrow Joint Director Health and Social Care
Gary Fairley  Chief Officer Corporate Solutions
Alan Turpie Legal and Governance Manager / Monitoring Officer
Derek Oliver Chief Officer Place
David Gladwin Financial Services Manager
Myra Forsyth Continuous Improvement Officer
Saty Kaur Executive Business Manager
Michelle Strong Education Chief Operations Officer 
Lesley Aitken Senior Finance Business Partner
Stephen Reid External Auditor, E.Y.
Rachel Wynne External Auditor, E.Y.
Marco Reece-Heal Business Analyst 
Andrew Henderson Democratic Services Officer 
Audit Committee
Tuesday 06 December 2022
Item 4.1
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1. Welcome and Apologies for Absence 
The Clerk took the opportunity to welcome members to the meeting of Audit
Committee and invited members to nominate a chair for the meeting who was a
non-cabinet member. A discussion ensued in relation to who was most
appropriate member to be nominated as chair of the committee. Councillor
Scott, Seconded by Councillor McEwan nominated Councillor Smaill for the
position of interim chair. Councillor Smaill agreed and continued to preside as
interim chair for the meeting.
Apologies were noted on behalf of Councillor Milligan. 
2. Order of Business 
The order of business was as detailed in the agenda.  
3. Declarations of interest 
No declarations of interest were intimated at this stage of the proceedings. 
4. Minutes of Previous Meetings 
4.1 The minutes of the meeting of 14 March 2022 were submitted and approved as
correct record, 
4.2 The Action log was submitted, Kevin Anderson provided a brief update in
relation to each of the action points. 
5. Public Reports 
Report No. Report Title Submitted by:
5.1 Annual Audit Report to Members and the
Controller of Audit - year ended 31 March
2022
EY, External
Auditors
Outline of report and summary of discussion
Stephen Reid, External Auditor EY, provided an overview of the draft Annual
Audit Report for 2021/22, outlining the terms of appointment as highlighted in the
report and summarised the key conclusions from the external audit process.
Stephen Reid made specific reference to 9 adjustments that had been made
including 6 that were a result of errors in housing valuations. With reference to the
‘wider scope dimensions’ Stephen Reid outlined that financial management was
classified as amber, financial sustainability was classified as red, urging council to
make the serious decisions that would be required to ensure a balanced budget
was achieved, and that best value was classified as amber and that management
had been provided with 8 recommendations which they had accepted. 
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Stephen Reid and Gary Fairley took the opportunity to respond to members
questions. With regard to housing valuations Gary Fairley clarified that the council
maintained a register of assets and that 200 out of 1000 property assets had been
evaluated across the year with 6 requiring adjustments and confirmed that this
was being looked into to ensure that a solution was implemented. Stephen Reid
also highlighted that the valuation of assets was approved alongside the annual of
accounts and that external auditors are required to evaluate whether the
valuations are ‘true and fair’. 
Decision
Audit Committee noted the contents of the draft report. 
Action
All to note. 
Report No. Report Title Submitted by:
5.2 Annual Accounts for the year ended 31
March 2022
Chief Officer
Corporate Solutions
Outline of report and summary of discussion
The Chief Officer Corporate Solutions presented the Annual Accounts for the year
ended 31 March 2022 advising that the Audit Committee is recommended to
approve the 2021/22 audited accounts for signature.  He further advised that the
unaudited annual accounts had been submitted before the standard date 30 June
2022. Gary Fairley took the opportunity to thank EY External Auditors for their
work with Midlothian Council highlighting the end of their appointment and
confirmed that should the accounts be approved they would be formally signed off
by the end of the week.
Gary Fairley then took the opportunity to respond to member’s questions in
relation to the legislation in relation to the debtor’s book, building maintenance
services. With regard to the need to make a declaration in relation to
overborrowing, Gary Fairley highlighted that this was in line with the financial
strategy and Stephen Reid confirmed that there was no requirement for a
declaration to be made. With regard to the valuation of the Lothian Buses assets,
Gary Fairley highlighted that Midlothian based the valuation on net assets. In
responding to a question in relation to the vulnerability of pensions in relation to
inflation, Gary Fairley confirmed that confirmed that the pension scheme was
100% funded, that economic factors are taken into account and that Midlothian
are compliant with the code of practice on pensions. 
Councillor Smaill then took the opportunity to thank officers for the well formatted
document and along with the Chief Executive continued to thanked Gary Fairley
and Stephen Reid for their work on both Annual Audit Report and the Annual
Accounts. 
Decision
Audit Committee approved the 2021/22 audited accounts for signature in light of
the appointed auditor’s report for 2021/22.
Action
Chief Executive
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Report No. Report Title Submitted by:
5.3 Risk Management Update – Strategic Risk
Profile Quarter 1 2022/23
Chief Officer Place
Outline of report and summary of discussion
Derek Oliver provided an overview of the Risk Management Update – Strategic
Risk Profile Quarter 1 2022/23 report referencing the risk responses Midlothian
Council has implemented during Quarter 1 2022/23 to respond to the current risk
climate; and to provide assurance that Midlothian Council took a proportionate and
planned approach to prepare and respond to each of the identified risks.
A brief discussion followed in relation to the impact of increased costs to the City
deal and the impact that this was having to the value of projects, with specific
reference being made to the Sherrifhall Project. Derek Oliver confirmed that the
City deal maintained its own risk register and how these risks are related to
Midlothian and strategic opportunities are highlighted. Grace Vickers highlighted
that the Sherrifhall project was a Transport Scotland project and agreed to share
slides amongst members from a recent presentation on the project. Kevin
Anderson highlighted that the Joint Committee had also provided an update on the
A701 and that guarantees had been made by the Scottish Government in relation
to Sherrifhall project funding commitment. 
Decision
Audit Committee noted the risk landscape and organisational response to the most
significant risks in Quarter 1 (Q1) 2022/23.
Action
All to note. 
Report No. Report Title Submitted by:
5.4 Audit Committee – Independent Chair &
Independent Non-Voting
Member
Executive Director
Place
Outline of report and summary of discussion
In speaking to the report Kevin Anderson outlined that no applications had been
received for the position of Independent Chair and Independent Non-Voting
member and asked members to consider the recommendations within report, and
that Council would also be sighted on the report for a final decision. 
A brief discussion ensued in relation to the importance of a standalone Audit
Committee and the possible options in relation to chairing the committee.
Following a motion from Councillor McEwan which was seconded by Councillor
Scott, it was agreed that Audit Committee’s recommendation to council would be
for Audit Committee to remain as a standalone committee with a chair being
selected from its membership in accordance to the scheme of administration
appended to standing orders. 
Decision
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Audit Committee to recommend to Council that the Audit Committee continue as a
standalone committee with an elected member being elected as chair in accordance
to the scheme of administration as appended to standing orders. 
Action
Executive Director Place. 
6. Private Reports 
6.1 Shared Chief Auditor post between Midlothian and East Lothian report by
Director Place 
7. Date of Next Meeting 
Date of Next Meeting: Tuesday 6 December 2022 at 11am. 
The meeting terminated at 13.06 pm
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Audit Committee 
Action Log 
No Subject Date Action Action Owner Expected
completion
date
Comments
1 Training for Audit
Committee members. 
25/06/2022 Comprehensive training to be
provided for new and
continuing members of the
Audit Committee.
Legal and
Governance
Manager /
Monitoring 
Officer and
Continuous
Improvement
Manager
Ongoing  Completed Initial Induction
sessions. 
Continuing Professional
Development ongoing.
2 Internal Audit Annual
Assurance Report
2021/22
25/06/2022 Session to be set up with
Chief Procurement Officer
and audit committee
members. 
Legal and
Governance
Manager
21 September,
2022.
Completed. All members
Procurement Briefing
session held on 21
September, 2022.
3 Future of Audit
Committee and
Independent Chair
and independent Non
– Voting member
25/06/2022 Elected Members to take
time to consider the future of
the audit committee, be that
a standalone committee or
combined with another
committee. The recruitment
of an independent chair and
independent non-voting
member is part of these
considerations. 
Executive
Director: Place 
4 October, 2022 Completed. Council
agreed to continue with an
independent Audit
Committee with an elected
member chair selected
from its membership in
accordance to standing
orders. 
Audit Committee
Tuesday 06 December 2022
Item No: 4.2  
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Audit Committee
Tuesday 6 December 2022  
Item No  5.1 
Treasury Management Mid-Year Review Report 2022/23 
Report by David Gladwin, Acting Chief Financial Officer 
Report for Decision 
1 Recommendations 
Audit Committee is invited to comment on this report before it is
presented to Council.  In particular, Audit Committee should note the
following recommendations which are proposed to be put to Council on
13 December 2022:- 
a) Note the report and the treasury activity undertaken in the period
to 30 September 2022, as outlined in Section 5;
b) Note the actual and forecast activity during the second-half of
the year as outlined in Section 6;
c) Note the technical revisions to the Prudential Indicators in
Section 7 of this report;
d) Note the updated Treasury Management Practices and the self-
assessment tool on the scrutiny of Treasury Management as
published by CIPFA and undertake a self-assessment in line
with the tool. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to inform members of the Audit Committee,
and subsequently Council, of the Treasury Management activity
undertaken during the first half of 2022/23 and the forecast activity for
the second half of 2022/23 in accordance with the Treasury
Management and Annual Investment Strategy approved by Council in
February 2022.  It also provides an update to the Treasury and
Prudential Indicators for 2022/23. 
Date: 21 November 2022
Report Contact:
Gary Thomson, Senior Finance Business Partner
gary.thomson@midlothian.gov.uk 0131-271-3230  
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2 
3 Background 
Audit Committee Role 
The Prudential Code recommends that the main Treasury Management
reports are presented for scrutiny by Audit Committee in advance of
consideration by Council.  This report is being presented to Audit
Committee on 6 December 2022 for consideration prior to being
presented to Council on 13 December 2022.  Any revisions arising from
Audit Committee consideration of the report on 6 December 2022 will be
incorporated into the final version of the report to Council on 13
December 2022. 
Treasury management 
Treasury management is defined in the Prudential Code as: 
“The management of the local authority’s borrowing, investments and
cash flows, its banking, money market and capital market transactions;
the effective control of the risks associated with those activities; and the
pursuit of optimum performance consistent with those risks.” 
The main function of the treasury management service is the funding of
the Council’s capital investment plans.  These capital plans provide a
guide to the borrowing need of the Council, essentially the longer term
cash flow planning to ensure the Council can meet its capital spending
operations.  This management of this long term borrowing requirement
involves arranging long or short term loans or using cash balances; and
on occasion any debt previously drawn may be restructured to meet
Council risk or cost objectives. 
As the Council operates a balanced budget, this broadly means cash
raised during the year will meet its cash expenditure.  As part of the
treasury management operations, officers ensure this cash flow is
adequately planned, with available cash balances being deposited in low
risk counterparties, providing adequate liquidity initially before
considering optimising return on deposits. 
Council, on 15 February 2022, approved the Treasury Management and
Annual Investment Strategy Statement for the financial year 2022/23. 
4 Economic update for first half of 2022/23 
An economic update for the first part of the 2022/23 financial year is
included as Appendix 1.  PWLB borrowing rates for the first half of the
year are outlined in Appendix 2, and Bank Rate / SONIA rates for the
first half of the year are outlined in Appendix 3.  
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3 
5 Treasury Activity during first half of 2022/23 
The main points arising from treasury activity in the year to 30
September 2022 were:- 
• Long term borrowing of £0.433 million matured, this £0.327 million
of Market Loans, £0.083 million of Salix loans and £0.023 million
PWLB Annuities;
• £90.000 million of new funds on deposit were placed with high
credit-worthy banks, with approved counterparties in line with the
2022-23 Treasury Management and Annual Investment Strategy
approved by Council on 15 February 2022;
• The average interest rate earned on external funds on deposit in
the first half of the year was 1.37%, exceeding the benchmark
rate of 1.01%. 
Loan Portfolio 
The Council’s loan portfolio as at 30 September 2022 is shown in table 1
below (position at 31 March 2022 also shown for comparison):- 
Table 1: Council’s Loan Portfolio at 31 March 2022 and 30 September
2022. 
Loan Type
31 March 2022 30 September 2022
Principal
Outstanding
£000’s
Weighted
Average
Rate
Principal
Outstanding
£000’s
Weighted
Average
Rate %
PWLB Annuity 553 8.91% 530 8.91%
PWLB Maturity 284,776 2.92% 284,776 2.92%
LOBO 20,000 4.51% 20,000 4.51%
Market Loans 17,542 2.68% 17,215 2.68%
Temporary Market Loans 0 n/a 0 n/a
Other Loans 400 0.00% 317 0.00%
Total Loans 323,271 3.02% 322,838 3.01%     
Underlying Borrowing Requirement* 307,247  319,801 
Future Years’ Borrowing
Requirement Fully Financed (Over
Borrowed)
16,024  3,037 
* The Underlying Borrowing Requirement is the Capital Financing
Requirement excluding the “Public Private Finance” (PPP) Contract
Liabilities 
At 30 September 2022 the Council was over borrowed by £3.037 million
(0.95%) – this is the extent to which the Council has financed its current
and future borrowing requirement from long term loans.  This position
reflects the Council’s £50.000 million long-term borrowing undertaken in
December 2021 at historically low PWLB rates of 1.26%-1.36% to
forward finance borrowing arising from the Council’s capital plans.
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4 
As can be seen from PWLB rates during the first half of 2022/23 (ranging
from a low of 2.52% to a high of 5.80% for 25 year borrowing), this
strategy to lock into long-term borrowing at historically low interest rates
in December 2021 has proved prudent and allowed the Council to defer
any new long-term borrowing during the first half of 2022/23 at higher
interest rates. 
Debt Rescheduling 
Debt rescheduling opportunities in the first half of the year have been
limited, reflective of the various increases in the margins added to gilt
yields which have impacted PWLB new borrowing rates since October
2010. No debt rescheduling has therefore been undertaken in the first
half of the financial year. 
Funds on Deposit 
The Council’s funds on deposit portfolio as at 30 September 2022 is
shown in table 2 below (position at 31 March 2022 also shown for
comparison):- 
Table 2: Council’s Funds on Deposit Portfolio at 31 March 2022 and 30
September 2022 
Type
31 March 2022 30 September 2022
Principal
Outstanding
£000’s
Weighted
Average
Rate
Principal
Outstanding
£000’s
Weighted
Average
Rate %
Money Market Funds 30,323 0.52% 32,400 2.09%
Bank Call Accounts 31,059 0.64% 14 1.92%
Bank Notice Accounts 14,985 0.73% 14,985 0.87%
Bank Fixed Term Deposits 35,000 0.41% 80,000 1.77%
Bank Certificates of Deposit 0  n/a 10,000 2.85%
Deposits with other Local Authorities 45,000 1.56% 30,000 1.71%
Total Deposits 156,367 0.84% 167,399 1.80% 
£80.000 million of Bank Fixed Term Deposits and £10.000 million of
Bank Certificates of Deposit were placed in May/June 2022.  These
deposits were placed with approved counterparties in line with the 2022-
23 Treasury Management and Annual Investment Strategy approved by
Council on 15 February 2022. 
Of this, £65.000 million were in relation to significantly higher levels of
short-term surplus cash that the Council is holding due to Government
Grant and other receipts that have been paid in advance, a position that
is reflected across the majority of Scottish Local Authorities.  These
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5 
deposits were placed with strong credit-worthy counterparties for a short
term laddered duration of between 5 and 6 months. 
The remainder, £25.000 million, were placed for a period of 12 months,
in line with the approved strategy to cash back the Council’s useable
reserves.  These deposits were placed with strong credit-worthy
counterparties with maturity of these funds extended into the early part
of the 2023/24 financial year. 
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6 
6 Actual/Expected Treasury Activity during second half of 2022/23 
Borrowing 
Long term borrowing of £1.084 million will mature in the second half of
2022/23, this being £0.648 million PWLB Maturities, £0.329 million of
Market Loans, £0.082 million of Salix loans and £0.025 million PWLB
Annuities. 
Proactive Treasury Management by the Council in the last decade has
placed the Council in an extremely strong refinancing position for its
existing external debt portfolio, as can be noted in the table below, with
only £5.414 million, or just 1.68%, of the Council’s total Loan Portfolio of
£322.838 million requiring refinancing over the remainder of the current,
and forthcoming four, financial years. 
Financial Year 2022/23
Remaining
£000’s 
2023/24-
2026/27
£000’s
2027/28-
2031/32
£000’s
2032/33-
2036/37
£000’s
2037/38+ 
£000’s
Debt Maturing 1,084 4,330 33,857 29,258 274,309
% of total portfolio 0.32% 1.26% 9.88% 8.53% 80.01% 
This extremely low short-term exposure to refinancing risk puts the
Council in a strong position to plan its borrowings in advance, take
advantage of any dips in longer-term borrowing rates from PWLB and
other sources, and maintain a low weighted average coupon rate on
external debt. 
It is expected that any further long-term borrowing that is undertaken in
2022/23 to finance the current & future year capital plans will be sourced
by drawing long-term PWLB loans.  Consideration for any new borrowing
will balance (a) de-risking the longer term borrowing requirement at
historically low longer term borrowing rates; against (b) the current year
and forthcoming financial year budget projections.  Council officers will
continue to monitor daily long-term borrowing rates in order to take
advantage of any dips in the market.
£-
£5,000
£10,000
£15,000
£20,000
£25,000
£30,000
21/22
24/25
27/28
30/31
33/34
36/37
39/40
42/43
45/46
48/49
51/52
54/55
57/58
60/61
63/64
66/67
69/70
72/73
75/76
£000's
Financial Year
Loan Maturity Structure
PWLB New
Existing LOBO
Existing Market
Existing PWLB
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7 
Appendix 4 provides forecasts for interest rates from the Council’s
Treasury Management advisor, Link Treasury Solutions Limited. 
Debt Rescheduling 
Now that the whole of the yield curve has shifted higher there may be
opportunities for debt rescheduling in the future. 
This would involve the Council repaying loans prematurely (both market
and PWLB) whilst high discount rates on premature repayment prevail. 
Any debt rescheduling will be considered when the difference between
the refinancing rate and the redemption rate is most advantageous and
the situation will be continually monitored in order to take advantage of
any perceived anomalies in the yield curve.  The reasons for any
rescheduling taking place would include: 
- the generation of cash savings at minimum risk;
- to reduce the average interest rate;
- to amend the maturity profile and /or the balance of volatility of the
debt portfolio. 
Council officers will explore debt rescheduling opportunities with Link
Treasury Solutions; only prudent and affordable debt rescheduling that
considers both the short and medium-longer term impact will be
considered. 
Funds on Deposit 
In accordance with the Prudential and Treasury Management Codes, it
is the Council’s priority for funds on deposit to ensure security of capital
first, then liquidity, and finally to obtain an appropriate level of return
which is consistent with the Council’s risk appetite. 
£65.000 million of fixed term deposits held at 30 September 2022 mature
in late October/November.   
As noted in Section 5 above, these fixed term deposits were initially
placed in early 2022/23 in relation to the significantly higher levels of
short-term surplus cash that the Council is holding due to Government
Grant and other receipts that have been paid in advance.  As such, the
expected application/utilisation of these balances are now expected to
be longer in duration than normal.  It is expected that these maturing
deposits will be refinanced with strong credit-worthy counterparties in
accordance with the list of Permitted Investments as approved by
Council on 15 February 2022 in the 2022-23 Treasury Management and
Annual Investment Strategy, with maturity of funds laddered into late
2022/23 and early 2023/24 to ensure the Council’s cashflow
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8 
requirements can be met, and earning a return commensurate with both
these factors. 
In addition, £27.985 million of fixed term deposits held at 30 September
2022 mature in late October/early December, and £15.000 million in
March 2023.  These fixed term deposits were originally placed in line
with the currently approved strategy to cash-back the Council’s reserves. 
Based on the expected future profile of the Council’s reserves, and
particularly the HRA and Capital Fund balances, it is expected that these
deposits will be refinanced in line with the Council’s current approved
policy to cash-back reserves, with any new deposits placed with strong
credit-worthy counterparties in accordance with the list of Permitted
Investments parties as approved by Council on 15 February 2022 in the
2022/23 Treasury Management and Annual Investment Strategy, and
with maturity of these funds extended into the latter half of the 2023/24
financial year, earning a return commensurate with the extended
duration. 
Day to day liquidity to meet cashflow requirements is sourced from the
Council’s three Money Market Funds, which all operate on an instant
access basis.  Interest rates receivable from these are currently between
2.83% and 3.00%, reflective of the increases to the Bank of England
Base Rate throughout the 2022/23 financial year. 
Given the accelerating interest rate environment Council officers, in
conjunction with Link Treasury Solutions Limited, will continue to review
the range of all options for funds on deposit available to the Council
within its stated policy in the Treasury Management & Annual Investment
Strategy approved by Council on 15 February 2022 in order to select
appropriate creditworthy counterparties to ensure the security of Council
funds, and from that list select the range of deposit products that offer
best value to the Council’s portfolio. 
The Acting Chief Financial Officer confirms that the approved limits
within the Annual Investment Strategy were not breached during the first
6 months of 2022/23. 
An updated list of Countries for Deposits as at 21 November 2022 is
included as Appendix 5.  There are no changes from the list of Countries
for Deposits as approved by Council in the 2022/23 TMSS in February
2022. 
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Expected Loan & Fund on Deposit Portfolio at 31 March 2023 
Taking all of the above into account, the expected loans and funds on
deposit portfolio at 31 March 2023 is shown in Tables 3 and 4 below:- 
Table 3: Council’s forecast Loan Portfolio at 31 March 2023 
Loan Type
31 March 2023
Principal
Outstanding
£000’s
Weighted
Average
Rate
PWLB Annuity 505 8.90%
PWLB Maturity 314,128 2.97%
LOBO 20,000 4.51%
Market Loans 16,886 2.68%
Temporary Market Loans 0 n/a
Other Loans 235 0.00%
Total Loans 341,754 3.05%   
Underlying Borrowing Requirement 359,008 
Borrowing Requirement Financed
Internally (Under Borrowed)
17,254 
Table 4: Council’s forecast Funds on Deposit Portfolio at 31 March 2023 
Type
31 March 2023
Principal
Outstanding
£000’s
Weighted
Average
Rate
Money Market Funds 19,460 3.75%
Bank Call Accounts 0  n/a
Bank Notice Accounts 0  n/a
Bank Fixed Term Deposit Accounts 105,000 3.89%
Bank Certificates of Deposit 10,000 2.85%
Other Local Authority Fixed Term Deposits 2,000 1.60%
Total Deposits 136,460 3.76% 
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10 
7 Prudential Indicators 2022/23 
The following prudential indicators have been refreshed from those
reported to Council on 15 February 2022 in the original Treasury
Management and Annual Investment Strategy Statement 2022/23. 
These are technical revisions to the Prudential Indicators as a
consequence of the revisions to the Council’s General Services and
HRA Capital Plans and are based on the actual capital plan outturns for
2021/22, and revisions to the capital expenditure and income budgets for
2022/23. 
Table 5: Prudential Indicators 2022/23 – Mid Year Update 
Indicator
2022/23
Original
Estimate
£000’s
2022/23
Current
Position
£000’s
2022/23
Revised
Estimate
£000’s
2022/23 Capital Expenditure 193,134 21,010 93,433
2022/23 Required Borrowing 153,098 15,317 57,427
2022/23 Underlying Borrowing Requirement* 460,381 319,801 359,008
2022/23 Gross External Borrowing 460,381 322,838 341,754
2022/23 Over/(Under) Borrowing 0 3,037 -17,254    
Operational Boundary – Borrowing 460,381 359,008 359,008    
2022/23 Capital Financing Requirement** 552,814 417,135 451,441
* Excludes “On balance sheet” PPP schemes.
** Includes “On balance sheet” PPP schemes. 
The Capital Financing Requirement (CFR) denotes the Council’s
underlying need to borrow for capital purposes.  The CFR includes
borrowing arising as a result of the Council’s Capital Plans, plus the
long-term liability arising from the Council’s PPP and DBFM contracts. 
The Underlying Borrowing Requirement strips out the latter of these
(long-term liability arising from the two PPP contracts) from the CFR.  
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8 Other Treasury related issues 
Prudential and Treasury Management Code Revisions 
CIPFA, in late 2021 and early 2022, released the new editions of the
Treasury Management Code and Prudential Code, along with the
Treasury Management Guidance Note for Local Authorities. 
CIPFA expect the Codes to be fully effective from the start of the
2023/24 financial year. 
The main areas of the Code that have been updated are as previously
noted to Council, including TMP 1 for Environmental, Social &
Governance considerations, TMP 10 Knowledge and Skills schedule,
and the separation of Treasury Management Investments and Non-
Treasury Management Investments.  The Council’s updated Treasury
Management Practices are included as Appendix 6 to this report, which
reflects these updates to the Code. 
The revised suite of Prudential & Treasury Management Indicators
(including new indicators for (i) Long-Term Investments, (ii) Net Income
as a Percentage of Net General Services Revenue Stream, and (iii) The
Liability Benchmark), will be reported as part of the Treasury
Management and Investment Strategy & Prudential Indicators 2023/24
presented to Council in February 2023, to ensure full implementation of
the requirements of the Codes for the 2023/24 financial year. 
In addition, CIPFA have recently published a document covering
Effective Scrutiny of Treasury Management, which is a self-assessment
tool to support the development of effective scrutiny.  This is attached as
Appendix 7 to this report.  There are several ways in which it can be
used, as noted in the CIPFA publication, and Audit Committee are
recommended to undertake a self-assessment using the tools within the
CIPFA publication. 
9 Summary 
Treasury Management activity during the year to 30 September 2022
has been effective within the parameters set by the strategy for the year. 
Any further long-term borrowing for the remainder of 2022/23 will be in
line with the approved strategy, and reflective of the borrowing
requirement arising from the General Services and HRA capital plans
reported to Council on 15 November 2022. 
Officers will continue to review the opportunities available to the Council
for deposit of funds as governed by the approved strategy. 
The Prudential Indicators have been updated to reflect current capital
expenditure and income projections. 
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10 Report Implications 
10.1 Resource 
Revenue expenditure and variance against revenue budget as a
consequence of treasury management activity is reported to Council in
the regular quarterly financial reports. The quarter 2 positions for the
General Fund and the Housing Revenue account were presented to
Council on 15 November 2022. 
10.2 Digital 
None. 
10.3 Risk 
As the Council follows the requirements of the CIPFA Code of Practice
for Treasury Management, and the Prudential Code, there is a reduced
level of risks involved in Treasury Management activities. Those risks
that do exist are further controlled through written Treasury Management
Practices which define the responsibilities of all staff involved, which are
updated and attached as Appendix 5 of this report, reflecting the revised
Prudential and Treasury Management Codes. 
As part of their wider scope audit procedures for 2021/22, the Council’s
external auditors carried out an interim review of the Council’s Treasury
Management activity in 2021/22.  This reviewed four key areas, with no
material findings reported. 
10.4 Ensuring Equalities 
There are no equalities issues arising directly from this report. 
10.5 Additional Report Implications 
See Appendix A.  
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Appendix A: Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Not applicable. 
A.2 Key Drivers for Change 
A.3 Key Delivery Streams 
Themes addressed in this report: 
One Council Working with you, for you 
Preventative and Sustainable 
Efficient and Modern 
Innovative and Ambitious 
None of the above 
A.4 Delivering Best Value 
The report does not directly impact on Delivering Best Value. 
A.5 Involving Communities and Other Stakeholders 
Although no external consultation has taken place, cognisance has been
taken of professional advice obtained from Link Treasury Solutions
Limited, the Council’s appointed Treasury Consultants. 
A.6 Impact on Performance and Outcome 
The strategies adopted are an integral part of the corporate aim to
achieve Best Value as they seek to minimise the cost of borrowing by
exercising prudent debt management and investment.  This in turn helps
to ensure that the Council’s capital expenditure is sustainable in revenue
terms. 
A.7 Adopting a Preventative Approach 
Not applicable. 
A.8 Supporting Sustainable Development 
Not applicable. 
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Background Papers: 
Appendix 1: Economic Update for first part of 2022/23 financial year
Appendix 2: PWLB Borrowing Rates 1 April 2022 to 30 September 2022
Appendix 3: Bank Rate and SONIA Rates 1 April 2022 to 30 September 2022
Appendix 4: Link Treasury Solutions Limited Interest Rate Forecasts
Appendix 5: Approved Countries for Deposits as at 18 November 2022
Appendix 6: Treasury Management Practices
Appendix 7: Effective Scrutiny of Treasury Management (CIPFA) 
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Appendix 1: Economic Update for first part of 2022/23 financial year 
The second quarter of 2022/23 saw: 
- GDP revised upwards in Q1 2022/23 to +0.2% q/q from -0.1%, which
means the UK economy has avoided recession for the time being;
- Signs of economic activity losing momentum as production fell due to
rising energy prices; 
- CPI inflation ease to 9.9% y/y in August, having been 9.0% in April, but
domestic price pressures showing little sign of abating in the near-term; 
- The unemployment rate fall to a 48-year low of 3.6% due to a large
shortfall in labour supply;
- Bank Rate rise by 100bps over the quarter, taking Bank Rate to 2.25%
with further rises to come; 
- Gilt yields surge and sterling fall following the “fiscal event” of the new
Prime Minister and Chancellor on 23rd September. 
The UK economy grew by 0.2% q/q in Q1 2022/23, though revisions to historic data
left it below pre-pandemic levels. 
There are signs of higher energy prices creating more persistent downward effects in
economic activity. Both industrial production (-0.3% m/m) and construction output (-
0.8% m/m) fell in July 2022 for a second month in a row. Although some of this was
probably due to the heat wave at the time, manufacturing output fell in some of the
most energy intensive sectors (e.g., chemicals), pointing to signs of higher energy
prices weighing on production. With the drag on real activity from high inflation
having grown in recent months, GDP is at risk of contracting through the autumn and
winter months. 
The fall in the composite PMI from 49.6 in August to a 20-month low preliminary
reading of 48.4 in September points to a fall in GDP of around 0.2% q/q in Q3 and
consumer confidence is at a record low. Retail sales volumes fell by 1.6% m/m in
August, which was the ninth fall in 10 months. That left sales volumes in August just
0.5% above their pre-Covid level and 3.3% below their level at the start of the year.
There are also signs that households are spending their excess savings in response
to high prices. Indeed, cash in households’ bank accounts rose by £3.2bn in August,
which was below the £3.9bn rise in July and much smaller than the 2019 average
monthly rate of £4.6bn. 
The labour market remained exceptionally tight. Data for July and August provided
further evidence that the weaker economy is leading to a cooling in labour demand.
Labour Force Survey (LFS) employment rose by 40,000 in the three months to July
(the smallest rise since February). But a renewed rise in inactivity of 154,000 over
the same period meant that the unemployment rate fell from 3.8% in June to a new
48-year low of 3.6%. The single-month data showed that inactivity rose by 354,000
in July itself and there are now 904,000 more inactive people aged 16+ compared to
before the pandemic in February 2020. The number of vacancies has started to level
off from recent record highs but there have been few signs of a slowing in the
upward momentum on wage growth. Indeed, in July, the 3my/y rate of average
earnings growth rose from 5.2% in June to 5.5%. 
CPI inflation eased from 10.1% in July to 9.9% in August, though inflation has not
peaked yet. The easing in August was mainly due to a decline in fuel prices reducing
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fuel inflation from 43.7% to 32.1%. And with the oil price now just below $90pb, we
would expect to see fuel prices fall further in the coming months. 
However, utility price inflation is expected to add 0.7% to CPI inflation in October
when the Ofgem unit price cap increases to, typically, £2,500 per household (prior to
any benefit payments). But, as the government has frozen utility prices at that level
for two years, energy price inflation will fall sharply after October and have a big
downward influence on CPI inflation. 
Nonetheless, the rise in services CPI inflation from 5.7% y/y in July to a 30-year high
of 5.9% y/y in August suggests that domestic price pressures are showing little sign
of abating. A lot of that is being driven by the tight labour market and strong wage
growth. CPI inflation is expected to peak close to 10.4% in November and, with the
supply of workers set to remain unusually low, the tight labour market will keep
underlying inflationary pressures strong until early next year. 
During H1 2022, there has been a change of both Prime Minister and Chancellor. 
The new team (Liz Truss and Kwasi Kwarteng) have made a step change in
government policy. The government’s huge fiscal loosening from its proposed
significant tax cuts will add to existing domestic inflationary pressures and will
potentially leave a legacy of higher interest rates and public debt. Whilst the
government’s utility price freeze, which could cost up to £150bn (5.7% of GDP) over
2 years, will reduce peak inflation from 14.5% in January next year to 10.4% in
November this year, the long list of tax measures announced at the “fiscal event”
adds up to a loosening in fiscal policy relative to the previous government’s plans of
£44.8bn (1.8% of GDP) by 2026/27. These included the reversal of April’s national
insurance tax on 6th November, the cut in the basic rate of income tax from 20p to
19p in April 2023, the cancellation of next April’s corporation tax rise, the cut to
stamp duty and the removal of the 45p tax rate, although the 45p tax rate cut
announcement has already been reversed. 
Fears that the government has no fiscal anchor on the back of these announcements
has meant that the pound has weakened again, adding further upward pressure to
interest rates. Whilst the pound fell to a record low of $1.035 on the Monday
following the government’s “fiscal event”, it has since recovered to around $1.12.
That is due to hopes that the Bank of England will deliver a very big rise in interest
rates at the policy meeting on 3rd November and the government will lay out a
credible medium-term plan in the near term. This was originally expected as part of
the fiscal statement on 23rd November but has subsequently been moved forward to
an expected release date in October.  Nevertheless, with concerns over a global
recession growing, there are downside risks to the pound. 
The MPC has now increased interest rates seven times in as many meetings in 2022
and has raised rates to their highest level since the Global Financial Crisis. Even so,
coming after the Fed and ECB raised rates by 75 basis points (bps) in their most
recent meetings, the Bank of England’s latest 50 basis points hike looks relatively
dovish. However, the UK’s status as a large importer of commodities, which have
jumped in price, means that households in the UK are now facing a much larger
squeeze on their real incomes. 
Since the fiscal event on 23rd September, we now expect the Monetary Policy
Committee (MPC) to increase interest rates further and faster, from 2.25% currently
to a peak of 5.00% in February 2023. The combination of the government’s fiscal
loosening, the tight labour market and sticky inflation expectations means we expect
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the MPC to raise interest rates by 100bps at the policy meetings in November (to
3.25%) and 75 basis points in December (to 4%) followed by further 50 basis point
hikes in February and March (to 5.00%).  Market expectations for what the MPC will
do are volatile. If Bank Rate climbs to these levels the housing market looks very
vulnerable, which is one reason why the peak in our forecast is lower than the peak
of 5.50% - 5.75% priced into the financial markets at present. 
Throughout 2022/23, gilt yields have been on an upward trend.  They were initially
caught up in the global surge in bond yields triggered by the surprisingly strong rise
in CPI inflation in the US in May. The rises in two-year gilt yields (to a peak of 2.37%
on 21st June) and 10-year yields (to a peak of 2.62%) took them to their highest
level since 2008 and 2014 respectively. However, the upward trend was
exceptionally sharply at the end of September as investors demanded a higher risk
premium and expected faster and higher interest rate rises to offset the
government’s extraordinary fiscal stimulus plans. The 30-year gilt yield rose from
3.60% to 5.10% following the “fiscal event”, which threatened financial stability by
forcing pension funds to sell assets into a falling market to meet cash collateral
requirements. In response, the Bank did two things. First, it postponed its plans to
start selling some of its quantitative easing (QE) gilt holdings until 31st October.
Second, it committed to buy up to £65bn of long-term gilts to “restore orderly market
conditions” until 14th October. In other words, the Bank is restarting QE, although for
financial stability reasons rather than monetary policy reasons. 
Since the Bank’s announcement on 28th September, the 30-year gilt yield has fallen
back from 5.10% to 3.83%. The 2-year gilt yield dropped from 4.70% to 4.30% and
the 10-year yield fell back from 4.55% to 4.09%. 
There is a possibility that the Bank continues with QE at the long-end beyond 14th
October or it decides to delay quantitative tightening beyond 31st October, even as it
raises interest rates. So far at least, investors seem to have taken the Bank at its
word that this is not a change in the direction of monetary policy nor a step towards
monetary financing of the government’s deficit. But instead, that it is a temporary
intervention with financial stability in mind. 
After a shaky start to the year, the S&P 500 and FTSE 100 climbed in the first half of
Q2 2022/23 before falling to their lowest levels since November 2020 and July 2021
respectively. The S&P 500 is 7.2% below its level at the start of the quarter, whilst
the FTSE 100 is 5.2% below it as the fall in the pound has boosted the value of
overseas earnings in the index. The decline has, in part, been driven by the rise in
global real yields and the resulting downward pressure on equity valuations as well
as concerns over economic growth leading to a deterioration in investor risk appetite.   
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Appendix 2: PWLB Borrowing Rates 1 April 2022 to 30 September 2022 
The graphs and table below show the movement in PWLB certainty rates for the first
six months of the year to date: 
PWLB certainty rates 1 April 2022 to 30th September 2022 
1 Year 5 Year 10 Year 25 Year 50 Year
Low 1.95% 2.18% 2.36% 2.52% 2.25%
Date 01/04/2022 13/05/2022 04/04/2022 04/04/2022 04/04/2022
High 5.11% 5.44% 5.35% 5.80% 5.51%
Date 28/09/2022 28/09/2022 28/09/2022 28/09/2022 28/09/2022
Average 2.81% 2.92% 3.13% 3.44% 3.17%
Spread 3.16% 3.26% 2.99% 3.28% 3.26%
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Gilt yields and PWLB rates were on a rising trend between 1st April and 30th
September. 
The 50-year PWLB target certainty rate for new long-term borrowing started 2022/23
at 2.20% before increasing to 4.80% in September. 
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Appendix 3: Bank Rate and SONIA Rates 1 April 2022 to 30 September 2022 
The graphs and table below show the movement in Bank and SONIA rates for the
first six months of the year to date: 
0.00
1.00
2.00
3.00
4.00
5.00
6.00
Bank Rate vs term SONIA rates % 1.4.22 - 30.9.22
Bank Rate SONIA 1 mth 3 mth 6 mth 12 mth
QUARTER ENDED 30/9/2022
Bank Rate SONIA 1 mth 3 mth 6 mth 12 mth
High 2.25 2.19 2.86 3.67 4.49 5.41
High Date 22/09/2022 30/09/2022 26/09/2022 26/09/2022 29/09/2022 29/09/2022
Low 0.75 0.69 0.69 0.92 1.20 1.62
Low Date 01/04/2022 28/04/2022 01/04/2022 01/04/2022 07/04/2022 04/04/2022
Average 1.28 1.22 1.39 1.70 2.12 2.62
Spread 1.50 1.50 2.17 2.75 3.29 3.79
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Appendix 4: Link Treasury Solutions Limited Interest Rate Forecasts 
The Council has appointed Link Group as its treasury advisors and part of their
service is to assist the Council to formulate a view on interest rates. The PWLB rate
forecasts below are based on the Certainty Rate (the standard rate minus 20 bps)
which has been accessible to most authorities since 1st November 2012. 
The increase in PWLB rates reflects a broad sell-off in sovereign bonds
internationally but more so the disaffection investors have with the position of the UK
public finances after September’s “fiscal event”.  To that end, the MPC has tightened
short-term interest rates with a view to trying to slow the economy sufficiently to keep
the secondary effects of inflation – as measured by wage rises – under control, but
its job is that much harder now. 
On 2 November 2022, the Bank of England’s Monetary Policy Committee (MPC)
increased Bank Rate to 3.00% from 2.25%. The increase reflected a split vote –
seven members voting for a 75 basis points increase, one for 50 basis points and
one for 25 basis points. The MPC continues to grapple with getting inflation back on
track over a three-year horizon. 
Moreover, the UK has a new Prime Minister, Rishi Sunak, a new Chancellor, Jeremy
Hunt, and new fiscal policies that seek to ensure that the public finances are kept on
a sound footing and that any projected gaps are fully funded from services
efficiencies and/or net tax increases. 
In the interim period, since the end of September, the Government scrapped the
reduction in the basic rate of income tax by 1p in the £; maintained the higher band
45p in the £ income tax rate; did not reduce Corporation Tax to 19% from 25%; only
put in place support for businesses and households for 6 months (October to March)
regarding caps on the unit costs of gas and electricity. 
In addition, the Bank of England has had to intervene in the longer part of the gilt
market to ensure that pension funds did not have to undertake a “fire sale” of assets
to raise cash to pay for margin calls, arising from the sell-off of long-dated gilts
(yields rising) in the wake of the former Chancellor’s policy to seek to boost growth
with unfunded tax cuts. 
Since then, calm has returned to the markets, the £ has risen from a historic low of
$1.03 to $1.19, and the cumulative movement in gilt yields since the turn of the year
is now broadly in line with that seen in the US and Euro-zone bond markets. 
Turning back to the MPC meeting on 2 November 2022, the Bank’s Quarterly
Monetary Policy Report detailed that the UK economy is headed for eight quarters of
negative growth based on the market’s expectation for Bank Rate to increase to
5.25%. Since then, market expectations have been recalibrated, and now view a
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peak in Bank Rate of between 4.5% and 4.75%. These views are similar to those
held by Link Group’s Interest Rate Strategy Group (IRSG). IRSG has reduced its
view on the peak of Bank Rate from 5% to 4.5%. However, although Link’s IRSG see
rates peaking in May of 2023, they now also believe there are several challenges to
the Bank that could see them leave rates at this level until early 2024. 
The first of those challenges is the tight labour market (unemployment is at a 48 year
low 3.5%), which shows no signs of dissipating, and that could mean wage increases
continue to be north of 5% well into 2023 (the Bank would broadly want wages to be
in the range of 3% - 3.5%). There is also the prospect that unless the workforce
participation rate increases and/or immigration policies are relaxed, there is no clear
route that would give rise to sustainable increases in economic growth. And, of
course, inflation could be somewhat “sticky” if the Russian invasion of Ukraine
remains unresolved and puts continued pressure on global energy prices and staple
foods (e.g., wheat), among the many areas negatively impacted. 
Against this backdrop, the Link IRSG believe the MPC will have to tread carefully. It
will need to evidence to the markets that it sees the reduction in inflation as a
primary objective, but also that it remains alert to the fact that it does not want any
recession to be deeper and more prolonged than it needs to be. On that basis the
Link IRSG forecast sees Bank Rate increasing 50 basis points in both December
and February before the MPC scales down the rate of increase to just 25 basis
points in both March and May 2023. 
Regarding the forecast for PWLB rates, as already stated, the impact of the
Truss/Kwarteng fiscal experiment has faded in the past month but Link’s IRSG think
investors will still remain a little nervous over the UK’s future fiscal policy and
therefore have reduced the forecast for near-term PWLB rates across the curve,
compared to September’s forecast, but have left the longer end of the curve slightly
higher to reflect the potential demand by foreign investors for a “confidence
premium” in the light of recent market volatility. 
As for the housing market, the most recent survey by Nationwide Building Society
showed house prices starting to fall and the MPC will be very cognisant that
affordability could be stretched now that fixed rate mortgages are somewhat higher
than they were a few weeks ago. Historically, the MPC has appeared reluctant to
tighten monetary policy in a falling housing market, but it may be willing to leave
rates less high than the market had been pricing in prior to the 3rd of November
Quarterly Monetary Policy Report but keep them there for longer as a compromise of
sorts.
Of course, what happens outside of the UK is also critical to movement in gilt yields.
The US FOMC has led with increases of 375 basis points in the year to date and is
expected to increase rates further before the end of the year, and possibly into 2023.
Similarly, the ECB has also started to tighten monetary policy, albeit from an ultra-
low starting point, as have all the major central banks apart from Japan. Arguably,
though, it is US monetary policies that will have the greatest impact on global bond
markets.
Geo-political events continue to lead to frequent whipsawing in equity, bond,
commodity and currency markets. And the weather will also play a large part in how
high energy prices stay and for how long. Not forgetting developments in Iran, North
Korea, Taiwan and China.
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The balance of risks to the UK economy: - 
- The overall balance of risks to economic growth in the UK is to the
downside. 
Downside risks to current forecasts for UK gilt yields and PWLB rates include: 
- Labour and supply shortages prove more enduring and disruptive and
depress economic activity (accepting that in the near-term this is also an
upside risk to inflation and, thus, rising gilt yields). 
- The Bank of England acts too quickly, or too far, over the next two years
to raise Bank Rate and causes UK economic growth, and increases in
inflation, to be weaker than we currently anticipate. 
- UK / EU trade arrangements – if there was a major impact on trade flows
and financial services due to complications or lack of co-operation in
sorting out significant remaining issues. 
- Geopolitical risks, for example in Ukraine/Russia, China/Taiwan/US,
Iran, North Korea and Middle Eastern countries, which could lead to
increasing safe-haven flows. 
Upside risks to current forecasts for UK gilt yields and PWLB rates: - 
- The Bank of England is too slow in its pace and strength of increases in
Bank Rate and, therefore, allows inflationary pressures to build up too
strongly and for a longer period within the UK economy, which then
necessitates an even more rapid series of increases in Bank Rate faster
than we currently expect. 
- The Government acts too quickly to cut taxes and/or increases
expenditure in the light of the cost-of-living squeeze. 
- The pound weakens because of a lack of confidence in the UK
Government’s fiscal policies, resulting in investors pricing in a risk
premium for holding UK sovereign debt. 
- Longer term US treasury yields continue to rise strongly and pull gilt
yields up even higher than currently forecast. 
Gilt yields and PWLB rates 
The general situation is for volatility in bond yields to endure as investor fears for
inflation and/or recession ebb and flow. The overall longer-run trend is for gilt yields
and PWLB rates to remain high in the near-term, given the extent to which market
expectations are already priced in and then to fall back once inflation starts to fall
through 2023. 
Bank Rate 
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The Link IRSG now expect the MPC to swiftly increase Bank Rate during the
remainder of 2022 and into Q2 2023 to combat the sharp increase in inflationary
pressures. 
The new Government’s policy of emphasising fiscal rectitude will however likely
mean Bank Rate does not now need to increase to further than 4.5%.
Further down the road, the Link IRSG anticipate the Bank of England will be keen to
loosen monetary policy when the worst of the inflationary pressures are behind the
UK – but that timing will be one of fine judgment: cut too soon, and inflationary
pressures may well build up further; cut too late and any downturn or recession may
be prolonged.
The CPI measure of inflation will peak at close to 11% in Q4 2022. Despite the cost-
of-living squeeze that is still taking shape, the Bank will want to see evidence that
wages are not spiralling upwards in what is evidently a very tight labour market.
Regarding the plan to sell £10bn of gilts back into the market each quarter
(Quantitative Tightening), this has started but will focus on the short to medium end
of the curve for the present so as to prevent any further disruption to the longer end
of the curve following on from the short-lived effects of the Truss/Kwarteng unfunded
dash for growth policy.
In the upcoming months, the Link IRSG forecasts will be guided not only by
economic data releases and clarifications from the MPC over its monetary policies
and the Government over its fiscal policies, but the on-going conflict between Russia
and Ukraine. (More recently, the heightened tensions between China/Taiwan/US
also have the potential to have a wider and negative economic impact.)
On the positive side, consumers are still estimated to be sitting on over £160bn of
excess savings left over from the pandemic so that will cushion some of the impact
of the above challenges. However, most of those are held by more affluent people
whereas lower income families already spend nearly all their income on essentials
such as food, energy and rent/mortgage payments. 
Creditworthiness 
Following the Government’s fiscal event on 23rd September, Fitch, Moody’s and
S&P all placed the UK sovereign debt rating on Negative Outlook, reflecting a
downside bias to the current ratings in light of expectations of weaker finances and
the economic outlook. 
CDS prices 
It is noted that sentiment in the current economic climate can easily shift, so it
remains important to undertake continual monitoring of all aspects of risk and return
in the current circumstances.  
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Appendix 5: Approved Countries for Deposit as at 18 November 2022 
AAA
• Australia
• Denmark
• Germany
• Luxembourg
• Netherlands 
• Norway
• Singapore
• Sweden
• Switzerland 
AA+
• Canada
• Finland
• U.S.A. 
AA
• Abu Dhabi (UAE)
• France 
AA-
• Belgium
• Hong Kong
• Qatar
• U.K.
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1
MIDLOTHIAN COUNCIL
TREASURY MANAGEMENT PRACTICES
Gary Thomson
Senior Finance Business Partner
November 2022
Appendix 6
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Contents    
Page
TMP 1 Treasury risk management ..……...3
TMP 2   Performance measurement ……...24
TMP 3   Decision–making and analysis ……...28
TMP 4 Approved instruments, methods and
techniques ……...31
TMP 5 Organisation, clarity and segregation of
responsibilities, and dealing
arrangements ……...34
TMP 6 Reporting requirements and
management information arrangements ……..39
TMP 7   Budgeting, accounting and audit
arrangements ……...42
TMP 8 Cash and cash flow management    ……...43
TMP 9 Money laundering  ……...44
TMP 10 Training and qualifications ……...47
TMP 11 Use of external service providers  ……...49
TMP 12 Corporate governance  ……...51
Appendix 1 Environmental, Social & Governance
Risk Management 
……...52
Appendix 2 Knowledge & Skills Schedule ……...54
Appendix 3 Investment Management Practices for
Non-Treasury Investments
……...62 
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TMP1 Risk Management
The responsible officer will design, implement and monitor all arrangements for the
identification, management and control of treasury management risk, will report at
least annually on the adequacy/suitability thereof, and will report, as a matter of
urgency, the circumstances of any actual or likely difficulty in achieving the
organisation’s objectives in this respect, all in accordance with the procedures set out
in TMP6 Reporting requirements and management information arrangements. In
respect of each of the following risks, the arrangements which seek to ensure
compliance with these objectives are set out in the schedule to this document.
1.1 Credit and Counterparty Risk Management
Credit and counter-party risk is the risk of failure by a counterparty to meet its
contractual obligations to the organisation under an investment, borrowing, capital
project or partnership financing, particularly as a result of the counterparty’s
diminished creditworthiness, and the resulting detrimental effect on the organisation’s
capital or current (revenue) resources.
This organisation regards a key objective of its treasury management activities to be
the security of the principal sums it invests. Accordingly, it will ensure that its
counterparty lists and limits reflect a prudent attitude towards organisations with which
funds may be deposited, and will limit its investment activities to the instruments,
methods and techniques referred to in TMP4 Approved Instruments Methods and
Techniques and listed in the schedule to this document. It also recognises the need to
have, and will therefore maintain, a formal counterparty policy in respect of those
organisations from which it may borrow, or with whom it may enter into other financing
arrangements.
1.1.1 Policy on the use of credit risk analysis techniques
The Council uses the Link Group Treasury Solutions creditworthiness service.  This
utilises credit ratings from the three main credit rating agencies – Fitch, Moody’s and
Standard & Poors, along with credit watches, outlooks, CDS spreads and country
sovereign ratings in a weighted scoring system with an end product of a series of
colour coded bands which indicate the relative creditworthiness of counterparties for
investment.
These colour codes are used by the Council to determine the maximum suggested
duration for investment with that counterparty.  These are as follows:-
Link
Colour Code
Maximum Suggested
Duration for Investment
Yellow 6 years*
Dark Pink 6 years**
Light Pink 6 years**
Purple 2.5 years
Blue 1.25 years***
Orange 1.25 years
Red 7 months
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Green 120 days
No colour Not to be used 
* Note the yellow colour category is for:- UK Government Debt, or its equivalent,
constant NAV Money Market Funds (MMF's), and collateralised deposits where
the collateral is UK Government Debt
** Dark Pink for Enhanced MMF's with a credit score of 1.25; Light Pink for
Enhanced MMF's with a credit score of 1.5
*** Only applies to nationalised or semi-nationalised UK banks
**** The Green Limit was formerly for 3 months but the Financial Conduct Authority
set (in July 2013) a requirement for qualifying deposits for bank liquidity buffers
of a minimum of 95 days so the Green Limit has been slightly extended to
accommodate this regulatory change 
Note that the maximum suggested durations listed above have been extended by 1
year (when compared to the suggested maximum durations provided by Link) for the
Yellow, Dark Pink, Light Pink, Purple, Blue and Orange categories, to allow flexibility
around these durations on the margins e.g. the placement of a 13 month fixed term
deposit for a counterparty rated Orange or Blue.  Equally, the maximum suggested
duration for the Red category has been extended by a month to 8 months, and the
maximum duration for the Green category has been extended by 20 days to 120 days,
on the same basis.  A thorough appraisal of the additional risk involved in extending
the duration of any deposit (marginally) beyond the maximum suggested by Link,
against any enhanced value to the portfolio, will be undertaken prior to the placement
of any deposit. 
1. The Council will use credit criteria in order to select creditworthy counterparties
for placing investments with;
2. Credit ratings will be used as supplied from all three rating agencies - Fitch,
Moodys and Standard & Poors;
3. Treasury Management consultants will provide regular updates of changes to
all ratings relevant to the council;
4. The responsible officer will formulate suitable criteria for assessing and
monitoring the credit risk of investment counterparties and shall construct a
lending list comprising maturity periods, type, group, sector, country and
counterparty limits;
5. Credit ratings for individual counterparties can change at any time.  Treasury
management staff will add or delete counterparties to/from the approved
counterparty list in line with the policy on criteria for selection of counterparties;
6. This organisation will not rely solely on credit ratings in order to select and
monitor the creditworthiness of counterparties.  In addition to credit ratings it
will therefore use other sources of information including: -
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5 
• The quality financial press;
• Market data;
• Information on government support for banks; and
• The credit ratings of that government support.
7. Maximum maturity periods and amounts to be placed in different types of
investment instrument are as follows (current as at time of writing and reflecting
those approved in the Treasury Management and Investment Strategy 2022/23
& Prudential Indicators report approved by Council on 15 February 2022): -
Deposits
Investment Category
Minimum
Credit
Criteria
Liquidit
y risk
Market
risk
Max %/£m
of total
investment
s
Max.
maturity
period
Debt Management Agency
Deposit Facility -- Term No 100% 6 months
Term deposits – local authorities -- Term No 100% 5 years
Call accounts – banks and
building societies Green Instant No 100% 1 day
Term deposits / Notice Accounts –
banks and building societies
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Term No 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120
days
Not for use
Fixed term deposits with variable
rate and variable maturities: -
Structured deposits
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Term No 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120
days
Not for use 
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6 
Deposits with counterparties currently in receipt of government support /
ownership 
Investment Category
Minimum
Credit
Criteria
Liquidit
y risk
Market
risk
Max %/£m
of total
investment
s
Max.
maturity
period
UK nationalised banks – Call
accounts Blue Instant No 100% 1 day
UK nationalised banks – Term
Deposits / Notice Accounts Blue Term No 100% 1.25 years
UK nationalised banks – Fixed
term deposits with variable rate
and variable maturities: -
Structured deposits
Blue Term No 100% 1.25 years
Non-UK(high sovereign rated
country) nationalised banks – Call
accounts
Green Instant No 100% 1 day
Non-UK (high sovereign rated
country) nationalised banks:-
Term Deposits / Notice Accounts
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Term No 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120
days
Not for use
Non-UK (high sovereign rated
country) nationalised banks:- 
Fixed term deposits with variable
rate and variable maturities: -
Structured deposits  
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Term No 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120
days
Not for use 
If forward deposits are made, the forward period plus the deal period equate to the
maximum maturity period. 
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Collective investment schemes structured as Open Ended Investment
Companies (OEICs) 
Investment Category
Minimum
Credit
Criteria 
Liquidit
y risk
Market
risk
Max %/£m
of total
investment
s
Max.
maturity
period
Government Liquidity Funds AAA Instant No 100% 1 day
Money Market Funds CNAV AAA Instant No 100% 1 day
Money Market Funds LVNAV AAA Instant No 100% 1 day
Money Market Funds VNAV AAA Instant No 100% 1 day
Ultra Short Dated Bond Funds
with a credit score of 1.25 AAA T+1 to
T+5 Yes 100% 1 week
Ultra Short Dated Bond Funds
with a credit score of 1.5 AAA T+1 to
T+5 Yes 100% 1 week
Bond Funds AAA T+2 or
longer Yes 50% 2 days
Gilt Funds AAA T+2 or
longer Yes 50% 2 days 
Securities issued or guaranteed by governments 
Investment Category
*
Minimum
Credit
Criteria 
Liquidit
y risk Market
risk 
Max
%?£m 
of total
investment
s
Max.
maturity
period
Treasury Bills
UK
sovereign
rating
Sale T+1 Yes 100% 50 years
UK Government Gilts
UK
sovereign
rating 
Sale T+1 Yes 100% 50 years
Bond issuance issued by a
financial institution which is
explicitly guaranteed by  the UK
Government  e.g. National Rail
UK
sovereign
rating 
Sale T+3 Yes 100% 50 years
Sovereign bond issues (other than
the UK govt)
AAA (or
state your
criteria if
different)
Sale T+1 Yes 100% 50 years
Bonds issued by multilateral
development banks 
AAA (or
state your
criteria if
different)
Sale T+1 Yes 100% 50 years 
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8 
Securities issued by corporate organisations 
Investment Category
*
Minimum
Credit
Criteria 
Liquidit
y risk
Market
risk 
Max % 
of total
investment
s
Max. maturity
period
Certificates of deposit issued by
banks and building societies
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Sale T+0 Yes 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120 days
Not for use
Commercial paper other 
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Sale T+0 Yes 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120 days
Not for use
Floating rate notes
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Sale T+2 Yes 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120 days
Not for use
Corporate Bonds other 
Yellow
Purple
Blue
Orange
Red
Green
No Colour
Sale T+2 Yes 100%
Up to 6 yrs
Up to 2.5 yrs
Up to 1.25 yrs
Up to 1.25 yrs
Up to 7 mths
Up to 120 days
Not for use 
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Other 
Investment Category Minimum Credit
Criteria  Liquidity
risk
Market
risk 
Max %/£m 
of total
investments
Max.
maturity
period
Local authority mortgage guarantee scheme. Blue Term No 50% 5 years
Loans to Third Parties n/a Term No £25m 25 years
Subordinated Debt Subscription to Newbattle
Centre SPV n/a Term No £0.326m 22 years
Midlothian Energy Limited: ESCO n/a Term No £10.2m n/a 
8. Diversification: this organisation will avoid concentrations of lending and
borrowing by adopting a policy of diversification.  It will therefore use the
following: -
• Maximum amount  to be placed with any one institution - £15 million (£30
million for Lloyds Banking Group and The Royal Bank of Scotland);
• Group limits where a number of institutions are under one ownership –
maximum of £15 million per group (£30 million for Lloyds Banking Group
and NatWest Group);
• Country limits – a minimum sovereign rating of AA- is required for an
institution to be placed on our approved lending list.  The list of countries
which currently meet this criteria (current as at time of writing and
reflecting those approved in the Treasury Management and Investment
Strategy 2022/23 & Prudential Indicators report approved by Council on
15 February 2022): -
AAA
• Australia
• Denmark
• Germany
• Luxembourg
• Netherlands 
• Norway
• Singapore
• Sweden
• Switzerland 
AA+
• Canada
• Finland
• U.S.A. 
AA
• Abu Dhabi (UAE)
• France
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10 
AA-
• Belgium
• Hong Kong
• Qatar
• U.K. 
This list is updated as a minimum annually as part of the Treasury Management
and Investment Strategy Prudential Indicators report approved by Council in
advance of each financial year 
The Council’s policy in relation to its environmental, social and governance
(ESG) investment considerations are as set out in Appendix 1.  This is a
developing area, and it is not implied that the Council’s ESG policy will currently
include ESG scoring or other real-time ESG criteria at an individual deposit
level. 
1.2 Liquidity Risk Management
This is the risk that cash will not be available when it is needed, that ineffective
management of liquidity creates additional unbudgeted costs, and that the
organisation’s business/service objectives will be thereby compromised.
This Council will ensure it has adequate though not excessive cash resources,
borrowing arrangements, overdraft or standby facilities to enable it at all times to
have the level of funds available to it which are necessary for the achievement of
its business/service objectives. This organisation will only borrow in advance of
need where there is a clear business case for doing so and will only do so for the
current capital programme or to finance future debt maturities.
The Council will only borrow in advance of need where there is a clear business
case for doing so and will only do so for the following reasons:-
• To fund the current capital programme;
• To finance future debt maturities;
• To ensure an adequate level of short-term investments to provide liquidity
for the organisation. 
1.2.1. Amounts of approved minimum cash balances and short-term
investments 
The Treasury Management section shall seek to minimise the balance held
in the Council’s main bank accounts at the close of each working day. 
Borrowing or lending shall be arranged in order to achieve this aim.
1.2.2.  Details of:
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11 
a. Standby facilities 
At the end of each financial day, any unexpected surplus funds are
transferred to the Council’s instant access account with The Royal Bank
of Scotland.
b. Bank overdraft arrangements 
Any overdraft position is chargeable at 5% over base rate has been
agreed as part of the banking services contract.  The overdraft is
assessed on a group basis for the Council’s main 3 accounts.
c. Short-term borrowing facilities 
The Council accesses temporary loans through approved brokers within
the United Kingdom. The approved borrowing limit for short term debt is
50% of current external debt.  In monetary terms this is £161.4 million at
time of writing.
d. Insurance/guarantee facilities 
There are no specific insurance or guarantee facilities as the above
arrangements are regarded as being adequate to cover all unforeseen
occurrences.
e. Special payments 
Best practice to aid cashflow management and minimise banking
charges is that any large payments should be notified to Treasury at
least one working day in advance. 
1.3  Interest Rate Risk Management
The risk that fluctuations in the levels of interest rates create an unexpected or
unbudgeted burden on the organisation’s finances, against which the organisation
has failed to protect itself adequately.
This organisation will manage its exposure to fluctuations in interest rates with a
view to containing its interest costs, or securing its interest revenues, in accordance
with the amounts provided in its budgetary arrangements as amended in
accordance with TMP6 Reporting requirements and management information
arrangements.
It will achieve this by the prudent use of its approved financing and investment
instruments, methods and techniques, primarily to create stability and certainty of
costs and revenues, but at the same time retaining a sufficient degree of flexibility
to take advantage of unexpected, potentially advantageous changes in the level or
structure of interest rates. This should be the subject to the consideration and, if
required, approval of any policy or budgetary implications.
1.3.1 Details of approved interest rate exposure limits 
Upper limit for Fixed Rate exposure is 100% of gross borrowing and
investments. 
Upper limit for Variable Rate exposure is 30% of gross borrowing and 100%
of investments.
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12 
1.3.2 Policies concerning the use of instruments for interest rate
management.
a. forward dealing   
Consideration will be given to dealing from forward periods depending
upon market conditions. When forward dealing is more than one week
forward then the approval of a Senior Finance Business Partner or the
Financial Services Manager is required.
b. LOBOs (borrowing under lender’s option/borrower’s option) 
Use of LOBOs and other similar instruments is considered as part of the
annual borrowing strategy. All borrowing for periods in excess of 364 days
must be approved by the Financial Services Manager or the Chief Officer,
Corporate Solutions.
c. Callable Deposits
The Council will use callable deposits as part of its Annual Investment
Strategy.  The credit criteria and maximum periods are as set out in the
Annual Investment Strategy.
1.4 Exchange Rate Risk Management
The risk that fluctuations in foreign exchange rates create an unexpected or
unbudgeted burden on the organisation’s finances, against which the organisation
has failed to protect itself adequately.
The Council will manage its exposure to fluctuations in exchange rates so as to
minimise any detrimental impact on its budgeted income and expenditure levels.
1.4.1 Approved criteria for managing changes in exchange rate levels
The Council from time to time purchases goods from abroad but these
items are de minimis in terms of the overall budget and require no formal
exchange rate policy. 
1.5 Inflation Risk Management
The Council will keep under review the sensitivity of its treasury assets and
liabilities to inflation and will seek to manage the risk accordingly in the context of
the whole organisation’s inflation exposures. 
1.6 Refinancing Risk Management
The risk that maturing borrowings, capital, project or partnership financings cannot
be refinanced on terms that reflect the provisions made by the organisation for
those refinancing, both capital and current (revenue), and/or that the terms are
inconsistent with prevailing market conditions at the time.
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This organisation will ensure that its borrowing, private financing and partnership
arrangements are negotiated, structured and documented, and the maturity profile
of the monies so raised are managed, with a view to obtaining offer terms for
renewal or refinancing, if required, which are competitive and as favourable to the
organisation as can reasonably be achieved in the light of market conditions
prevailing at the time.
It will actively manage its relationships with its counterparties in these transactions
in such a manner as to secure this objective, and will avoid over reliance on any
one source of funding if this might jeopardise achievement of the above. 
1.6.1 Debt/Other Capital Financing, Maturity Profiling, Policies and Practices
The Council will establish through its Prudential and Treasury Indicators the
amount of debt maturing in any year/period.
Any debt rescheduling will be considered when the difference between the
refinancing rate and the redemption rate is most advantageous and the
situation will be continually monitored in order to take advantage of any
perceived anomalies in the yield curve.  The reasons for any rescheduling to
take place will include:
a) the generation of cash savings at minimum risk;
b) to reduce the average interest rate;
c) to amend the maturity profile and /or the balance of volatility of the debt
portfolio. 
Rescheduling will be reported to Council in the next available Review Report. 
1.6.2 Projected Capital Investment Requirements
The responsible officer will prepare a minimum five year plan for capital
expenditure for the Council. The capital plan will be used to prepare the
associated debt (loan) charges which would be incorporated into a five year
Medium Term Financial Strategy.
In addition, the responsible officer will draw up a capital strategy which will
give a longer-term view.
The use of accounting practices to define capital expenditure is contained in
Section 12 of the Local Government in Scotland Act 2003. 
1.6.3 Policy Concerning Limits on Affordability and Revenue Consequences
of Capital Financing
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14 
In considering the affordability of its capital plans, the Council will consider
all the resources currently available or estimated for the future together with
the totality of its capital plans, revenue income and revenue expenditure
forecasts for the forthcoming year and the four following years and the impact
these will have on council tax and housing rent levels.  It will also take into
account affordability in the longer term beyond this five year period.
The Council will use the definitions provided in the Prudential Code for
borrowing (88), capital expenditure (89), capital financing requirement (90),
commercial property (91), debt (92), financing costs (93), investments (95),
net revenue stream (96), other long term liabilities (97), treasury
management (98) and transferred debt (99).   
1.6.4 Policy on Borrowing in Advance of Need
Decisions taken to borrow in advance will form part of the next treasury
management report submitted to the appropriate oversight committee.  The
report will justify the decision to borrow in advance, reflecting the strategy
and original assumptions, provide details of the borrowing and interest rates
achieved, and include the estimated value of any anticipated savings due to
the decision.
This organisation will only borrow in advance of need where there is a clear
business case for doing so and will only do so for the following reasons:-
• to fund the current capital programme;
• to finance future debt maturities, or
• to ensure an adequate level of short-term investments to provide
liquidity for the organisation. 
As a minimum, justification for any borrowing in advance will include the
following:-
• Details of the borrowing in advance undertaken;
• The borrowing within the context of the overall requirement of the
authority over the medium term (covering both capital programme
needs and the existing debt maturity profile);
• The anticipated timing (date or financial year) as to when those funds
are expected to be required;
• The prudential indicator which demonstrates that, in the medium term,
borrowing will only be for capital purposes;
• The anticipated rate/s of interest expected to apply if the borrowing is
deferred until the time the funds are required;
• The anticipated rate/s of interest expected to be achieved by investing
the sums borrowed in advance;
• Details of how interest rates have been forecast and an explanation
of the reasonableness of such forecasts should be provided;
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15 
• Any third party information or advice used or sought in this regard;
• The risks associated with borrowing in advance and what controls are
in place to manage that risk;
• A discounted cash flow including borrowing cost savings and
investment income discounted back to present values, with discount
rates disclosed and justified. 
The business case recommending any borrowing in advance of need will be
prepared by the Senior Finance Business Partner for approval by the
Financial Services Manager and the Chief Officer, Corporate Solutions. 
1.6.5 PFI, Partnerships, ALMOs, Joint Ventures and Guarantees
The Council has entered into the following PFI, DBFM and Joint Venture
Arrangements:- 
Dalkeith Schools Campus
This is a 30-year PPP contract with Dalkeith SPV Ltd for the provision and
facilities management of the Campus.  When the agreement ends in 2034
the Campus facilities will transfer to the Council with a guaranteed
maintenance - free life of five years.  The contractor does not have any right
of renewal on contract expiry.  Termination of contract is either at contract
end date or following the issue of a contractor default notice of voluntary
termination with one contract months’ notice. 
Midlothian Schools Ltd
This is a PPP contract for the provision and facilities management of Stobhill,
Gorebridge, Tynewater, Moorfoot, Loanhead and St Margaret’s, Lawfield
and Strathesk Primary Schools.  When the agreement ends in 2037 the
facilities will transfer to the Council in a usable condition as defined by the
contract.  The contractor does not have any right of renewal on contract
expiry.  Termination of contract is either at contract end date or following the
issue of a contractor default notice of voluntary termination with six months’
notice. 
Newbattle Community Campus
This is a 25-year Not for Profit Distributing Model (NPDM) contract with
hubCo for the provision and lifecycle maintenance of the Campus.  The
facility opened in the financial year 2018/19 on 25th May 2018.  When the
agreement ends in 2043 the facilities will transfer to the Council in a useable
condition as defined by the contract.  The contractor does not have any right
of renewal on contract expiry.  Termination of contract is either at contract
end date or following the issue of a contractor default notice of voluntary
termination with variable notice periods as defined in the contract. 
Food Waste Treatment Plant, Millerhill
This is a 20- year Design, Build, Finance and Maintain (DBFM) contract
which was jointly procured between Midlothian and the City of Edinburgh
Council.  At the end of the concession period in 2036 the asset will not revert
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16 
back to the partner Councils and will remain under the full control of the
DBFO operator, who has the option to continue to operate the asset from
year 20 through to year 40, paying the market rent for the lease of the land
over this period.  At the end of the 40th year, the asset will be
decommissioned and the decommissioned site transferred back to the
ownership of the Councils.  Termination of contract is either at contract end
date or following the issue of a contractor default notice or voluntary
termination with 40 days’ notice. 
Residual Waste Treatment Plant, Millerhill
This is a 25- year DBFM contract which was jointly procured between
Midlothian and the City of Edinburgh Council.  At 1 April 2020 the contract
was in the commissioning phase, with full service commencement achieved
on 17 April 2019.  The asset will be fully maintained throughout the life of the
contract in accordance with the Partner Council’s requirements and will be
inspected 18 months prior to the end of the contract (contract end date 6
May 2044) to ensure that it has been maintained.  The asset will then be
handed back to the Partner Councils in a condition that is commensurate
with such maintenance.  The contractor does not have any right of renewal
on contract expiry.  Termination of contract is either at contract end date or
following the issue of a contractor default notice, the issue of a Partner
Council Default notice, or voluntary termination by the Partner Councils with
variable notice periods as defined in the contract. 
Midlothian Energy Limited Joint Venture
The Council has entered into a 50:50 joint venture with Vattenfall Heat UK to
create Midlothian Energy Limited, a company set up specifically to generate,
distribute and supply energy within Midlothian.  The carrying value of the
Council investment in Midlothian Energy Limited at 31 December 2021 was
£1.510 million 
1.7 Legal and Regulatory Risk Management
The risk that the organisation itself, or an organisation with which it is dealing in
its treasury management activities, fails to act in accordance with its legal powers
or regulatory requirements, and that the organisation suffers losses accordingly.
This organisation will ensure that all of its treasury management activities comply
with its statutory powers and regulatory requirements. It will demonstrate such
compliance, if required to do so, to all parties with whom it deals in such activities.
In framing its credit and counterparty policy under TMP1[1] credit and counterparty
risk management, it will ensure that there is evidence of counterparties’ powers,
authority and compliance in respect of the transactions they may effect with the
organisation, particularly with regard to duty of care and fees charged.
This organisation recognises that future legislative or regulatory changes may
impact on its treasury management activities and, so far as it is reasonably able
to do so, will seek to minimise the risk of these impacting adversely on the
organisation.
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1.7.1 References to Relevant Statutes and Regulations
The treasury management activities of the Council shall comply fully with
legal statute, guidance, Codes of Practice and the regulations of the Council. 
These are:
• Part VII Local Government (Scotland) Act 1973;
• Schedule III Local Government (Scotland) Act 1975;
• The Local Government in Scotland Act 2003 Part 7 section 36;
• S.S.I. 2003 No.134 (C.7) The Local Government in Scotland Act
2003 (Commencement No.1) Order 2003;
• S.S.I. 2004 No.28 (C.1) The Local Government in Scotland Act
2003 (Commencement No.2) Order 2004;
• S.S.I. 2004 No.29 The Local Government Capital Expenditure
Limits (Scotland) Regulations 2004;
• Finance Circular 4/2007 Guidance on proper accounting
practices March 2007;
• Finance Circular 5/2010 Investment of Money by Scottish local
authorities 1.4.10;
• S.S.I. 2010 No.122 Local Authority Investments (Scotland)
Regulations 2010 (these regulations disapply the Trustee
Investments Act 1961 (b) to the extent to which it applies to local
authority investment of money, except in so far as that Act (or any
provision of it) is applied by or under any other enactment);
• S.S.I 2016 No. 123 The Local Authority (Capital Finance and
Accounting) (Scotland) Regulations 2016;
• Finance Circular 7/2016 (New Arrangements for Loans Fund
Advances and Repayments)
• Requirement to set a balanced budget - Local Government
(Scotland) Act 1973 section 108(2)and   Local Government
Finance Act 1992 section 93(3);
• Local Government (Scotland) Act 1973 section 95 – duty on the
CFO to ensure proper financial administration;
• Local Government (Scotland) Act 1975 – power to maintain a
loans fund;
• Scottish Office Circular 29/1975 – prescribes annual repayments
of principal to the loans fund;
• Housing (Scotland) Act 1987 – requirement to maintain an HRA;
schedule 15 sets out income and expenditure to be charged to
it;
• Housing (Scotland) Act 1987 section 203(1) - definition of HRA
capital expenditure;
• CIPFA Treasury Management Codes of Practice and Guidance
Notes 2021;
• CIPFA Prudential Code for Capital Finance in Local Authorities
2021;
• CIPFA Prudential Code for Capital Finance in Local Authorities
– Guidance Notes for Practitioners 2018
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• CIPFA Local Authority Capital Accounting – a reference manual
for practitioners;
• CIPFA Guide for Chief Financial Officers on Treasury
Management in Local Authorities 1996;
• CIPFA Standard of Professional Practice on Treasury
Management 2002;
• CIPFA Standard of Professional Practice on Continuous
professional Development 2005;
• CIPFA Standard of Professional Practice on Ethics 2006;
• The Good Governance Standard for Public Services 2004;
• LAAP Bulletins;
• Code of Practice on Local Authority Accounting in the United
Kingdom: A Statement of recommended Practice;
• IFRS: Code of Practice on Local Authority Accounting in the
United Kingdom: A Statement of Recommended Practice
• PWLB circulars on Lending Policy: The UK Money Markets
Code (issued by the Bank of England – it was formerly known as
the Code of Market Conduct issued by the Financial Conduct
Authority);
• Financial Conduct Authority’s Code of Market Conduct;
• The Council’s Standing Orders relating to Contracts;
• The Council’s Financial Regulations;
• The Council’s Scheme of Delegation. 
1.7.2 Procedures for Evidencing the Council’s Powers and Authorities to
Counterparties 
The Council’s powers to borrow and invest are contained in legislation.   
Investing: Local Government in Scotland Act 2003, section 40 
Borrowing: Schedule III Local Government (Scotland) Act 1975 and SSI.
2016 No. 123 The Local Authority (Capital Finance and Accounting)
(Scotland) Regulations 2016 
In addition, it will make available on request the following: - 
a. the scheme of delegation of treasury management activities which is
contained in Standing Orders and Financial Regulations.
b. the authorized signatories database detailing which officers are
authorized signatories. 
Required Information on Counterparties 
Lending shall only be made to counterparties on the Approved Lending list.
This list has been compiled using advice from the Council’s treasury advisers
based upon credit ratings supplied by Fitch, Moodys and Standard & Poors. 
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This is updated annually as part of the Treasury Management and Annual
Investment Strategy & Prudential Indicators report.
1.7.3 Statement on the Council’s Political Risks and Management of Same
The responsible officer shall take appropriate action with the Council, the
Chief Executive and the Leader of the Council to respond to and manage
appropriately political risks such as change of majority group, leadership in
the Council, change of Government etc.
1.7.4 Monitoring Officer
The monitoring officer is the Legal Services Manager; the duty of this officer
is to ensure that the treasury management activities of the Council are lawful.
1.7.5 Chief Financial Officer
The Chief Financial Officer is the Chief Officer, Corporate Solutions; the duty
of this officer is to ensure that the financial affairs of the Council are
conducted in a prudent manner and to make a report to the Council if he has
concerns as to the financial prudence of its actions or its expected financial
position.
1.8 Fraud Operational Risk, including Fraud, Error and Corruption
The risk that an organisation fails to identify the circumstances in which it may be
exposed to the risk of loss through fraud, error, corruption or other eventualities in
its treasury management dealings, and fails to employ suitable systems and
procedures and maintain effective contingency management arrangements to
these ends. It includes the area of risk commonly referred to as operational risk.
This organisation will ensure that it has identified the circumstances which may
expose it to the risk of loss through fraud, error, corruption or other eventualities in
its treasury management dealings. Accordingly, it will employ suitable systems and
procedures, and will maintain effective contingency management arrangements,
to these ends.
The Council will therefore:-
a) seek to ensure an adequate division of responsibilities and
maintenance at all times of an adequate level of internal check which
minimises such risks;
b) Fully document all its treasury management activities so that there can
be no possible confusion as to what proper procedures are;
c) Staff will not be allowed to take up treasury management activities until
they have had proper training in procedures and are then subject to an
adequate and appropriate level of supervision;
d) Records will be maintained of all treasury management transactions so
that there is a full audit trail and evidence of the appropriate checks
being carried out. 
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1.8.1. Details of Systems and Procedures to be Followed, Including Online
Services 
Authority
• The Scheme of Delegation sets out the delegation of duties to officers;
• All loans and funds on deposit are negotiated by the responsible officer or
authorised persons;
• Loan procedures are defined in the Council’s Financial Regulations. 
Procedures
• Electronic banking is undertaken by way of the Royal Bank of Scotland
Bankline system.
• CHAPS payments and Faster Payments are made via Bankline;
• Access to the Logotech Public Sector Treasury Management System is
limited to authorised officers and administered by the Assistant Accountant
Treasury. 
Investment and borrowing transactions
• A detailed register of all loans and investments is maintained in the
Logotech PSTM system;
• A written acknowledgement of each deal is sent promptly to the lending or
borrowing institution where transactions are done directly with the
organisation;
• Written confirmation is received and checked against the dealer’s records
for the transaction;
• Any discrepancies are immediately reported to the Senior Finance
Business Partner for resolution;
• All transactions placed through brokers are confirmed by a broker note
showing details of the loan arranged.  The lender’s Standard Settlement
Instructions are also requested for any new counterparties that the Council
have not previously dealt with and checked against the back office
confirmation from the broker.  Bank details for any repayment of loan funds
borrowed through brokers are checked against these SSI’s or the existing
details held for that counterparty on the Council PSTM system.  Any
discrepancies are immediately reported to the Senior Finance Business
Partner for resolution. 
Regularity and security
• Lending is only made to institutions on the Approved List of Counterparties,
which is updated as a minimum annually in the Treasury Management and
Annual Investment Strategy & Prudential Indicators report;
• The Logotech PSTM system prompts the Assistant Accountant Treasury
that money borrowed or lent is due to be repaid;
• All loans raised and repayments made go directly to and from the bank
account of approved counterparties;
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• Counterparty limits are set for every institution (see TMP1.1) that the
Council invests with;
• Brokers have a list of named officials authorised to agree deals;
• The Council’s bank holds a list of Council officials who are authorised
signatories for treasury management transactions;
• Payments can only be authorised by an authorised signatory(ies) listed on
the internal authorised signatory database;
• The Logotech PSTM system can only be accessed by a password;
• There is adequate insurance cover for employees involved in loans
management and accounting. 
Checks
• The bank reconciliation is carried out four weekly from the bank statement
to the financial ledger;
• The Logotech PSTM system balances are reconciled to the balance sheet
ledger codes at the end of each ledger period and at the financial year end;
• Loan charge estimates (debt charges and investment income earnings, net
of expenses) are prepared every quarter as part of the quarterly monitoring
and outturn reports to Council;
• The Council complies with the requirements of the Code of Practice on Local
Authority Accounting and accounts for the loans fund as Fair Value through
Profit or Loss.  As a result, all gains and losses and interest (accrued and
received) will be taken to the Comprehensive Income and Expenditure
Statement. 
Calculations
• The calculation of repayment of principal and interest notified by the lender
or borrower is checked for accuracy against the amount calculated by the
Logotech PSTM system;
• The Logotech PSTM system automatically calculates periodic interest
payments of PWLB and other long term loans. This is used to check the
amount paid to lenders;
• Average weighted capital loans fund interest rates and debt management
expenses are calculated annually using information from the financial
ledger and the Logotech PSTM system;
• These interest and expense rates are then used to calculate the principal,
interest and debt management expense charges to the General Fund and
the Housing Revenue Account, which is apportioned between the two
accounts using the methodology approved by Council. 
1.8.2 Emergency and Contingency Planning Arrangements 
Disaster Recovery Plan.
Accommodation is available in other Council Buildings and all computer files
are backed up on servers to enable files to be accessed from remote sites.
An electronic diary system is in use should all electronic aids be unavailable.
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All members of the treasury management team are familiar with this plan
and new members will be briefed on it.
1.8.3 Insurance Cover Details 
Fidelity Insurance
The Council has ‘Fidelity Guarantee’ Insurance cover with Maven Public
Sector which covers fraudulent acts by employees.  The cover has a limited
liability of £2m any one loss with an excess of £25,000 for each and every
loss.
Business Interruption
The Council is insured for £2m ‘Business Interruption’ cover as part of its
Property Policy with Zurich Municipal Insurance Company
1.9  Market Risk Management
The risk that, through adverse market fluctuations in the value of the principal
sums an organisation borrows and invests, its stated treasury management
policies and objectives are compromised, against which effects it has failed to
protect itself adequately.
This organisation will seek to ensure that its stated treasury management policies
and objectives will not be compromised by adverse market fluctuations in the value
of the principal sums it invests, and will accordingly seek to protect itself from the
effects of such fluctuations.
1.9.1 Details of Approved Procedures and Limits for Controlling Exposure to
Investments the Capital Value of which may Fluctuate (Gilts, CDs, Etc.) 
These are controlled through setting limits on funds on deposit instruments
where the principal value can fluctuate. The limits are determined and set
through the Annual Investment Strategy.
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TMP 2 PERFORMANCE MEASUREMENT  
2.1 Evaluation and Review of Treasury Management Decisions
The Council has a number of approaches to evaluating treasury management
decisions: -
a. reviews carried out by the treasury management team;
b. reviews with our treasury management consultants;
c. annual review after the end of the year as reported to full council;
d. mid-year review reports to full council;
e. comparative reviews;
f. strategic, scrutiny and efficiency value for money reviews. 
2.1.1 Periodic reviews during the financial year
The Senior Finance Business Partner reviews treasury activity throughout
the year to evaluate actual activity against the Treasury Management and
Annual Investment Strategy and cash flow forecasts.  This information is
discussed with the Financial Services Manager and Chief Officer, Corporate
Solutions as part of the quarterly financial monitoring reports to Council, the
strategy reviews with treasury consultants, the annual outturn position, the
setting of the strategy report to Council, and at other times throughout the
year as deemed appropriate.
This will include:-
a) Total debt (both on-and off balance sheet) including average rate and
maturity profile;
b) Total funds on deposit including average rate and maturity profile and
changes to the above from the previous review and against the TMSS. 
2.1.2 Reviews with our treasury management consultants
The treasury management team holds reviews with our consultants at least
twice annually to review the performance of the investment and debt
portfolios.
2.1.3 Annual Treasury Management Review Report after the end of the
financial year
An Annual Treasury Management Report is submitted to Council each year
after the close of the financial year, which reviews the performance of the
debt and investment portfolios. This report will be produced within three
months after the financial year end and will contain the following: -
a. total external debt (gross external borrowing plus other long term liabilities
such as finance leases) and average interest rates at the beginning and
close of the financial year compared to the Capital Financing
Requirement;
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b. borrowing strategy for the year compared to actual strategy;
c. whether or not a decision was made to defer borrowing or to borrow in
advance;
d. outline the level of internal borrowing and whether it has materially
changed during the year;
e. assumptions made about interest rates;
f. investment strategy for the year compared to actual strategy;
g. explanations for variance between original borrowing and investment
strategies and actual;
h. debt rescheduling done in the year;
i. actual borrowing and investment rates available through the year;
j. the performance and return of all investments by type of investment,
evaluated against the stated investment objectives;
k. the Report shall identify investments where any specific risks have
materialised during the year and report on any financial consequences of
that risk; together will details of any remedial action take.  This includes
reporting any short term borrowing costs incurred to remediate any
liquidity problem;
l. the Report shall include details of any review of long term investments,
held by the authority, which was undertaken in the year in accordance
with the Annual Investment Strategy;
m. compliance with Prudential and Treasury Indicators. 
2.1.4 Comparative reviews
When data becomes available, comparative reviews are undertaken to see
how the performance of the authority on debt and investments compares to
other authorities with similar size portfolios (but allowing for the fact that
Prudential and Treasury Indicators are locally set).  Data used will be sourced
from: -
• CIPFA Treasury Management statistics published each year for the last
complete financial year;
• CIPFA Treasury Management Forum. 
2.2 Benchmarks and Calculation Methodology:
2.2.1 Debt management
• Average rate on all external debt
• Average rate on external debt borrowed in previous financial year
• Average rate on internal borrowing
• Average period to maturity of external debt 
• Average period to maturity of new loans in previous year 
2.2.2 Investment.  
The performance of in house investment earnings will be measured against
the backward looking compounded SONIA appropriate for the average
duration of the portfolio.
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The Council also participates in the Investment Benchmarking service offered
by Link Treasury Solutions, which allows a comparison of the Council’s
investment portfolio against other peers both within the Investment
Benchmarking group and throughout the UK to be undertaken.
2.3 Policy Concerning Methods for Testing Value for money in Treasury
Management 
2.3.1 Frequency and processes for tendering 
Tenders are normally awarded on a five yearly basis. The process for
advertising and awarding contracts will be in line with the Council’s Contract
Standing Orders.
2.3.2 Banking services 
The Council’s banking arrangements are to be subject to competitive tender
every five years unless it is considered that there will be changes in the
volume of transactions in the foreseeable future which renders a shorter
period appropriate. 
If tendering is not considered appropriate a specialist banking company will
be appointed to ensure that the terms offered represent value for money.
2.3.3 Money-broking services 
The Council will use money broking services in order to make deposits or to
borrow, and will establish charges for all services prior to using them. 
An approved list of brokers has been established which takes account of both
prices and quality of services.  The Council currently transacts with
counterparties using the following brokers as intermediaries:-
Broker Main Contact Contact
Number
Address
RP Martin Norman Clements 
Norman.Clements@Martin-Brokers.com
0131 257
4450
26 Fredrick Street
Edinburgh
EH2 2JR
Tullet Prebon Gary Christopher 
gchristopher@tulletprebon.com
0207 200
7042
155 Bishopgate
London
EC2M 3TQ
Tradition Nick Bramley 
Nick.Bramley@tradition.com
0207 422
3566
Beaufort House
15 St Botolph
Street
London
EC3A 7OX
King &
Shaxson
Patrick McFann 
Patrick.McFann@kasl.co.uk
0207 929
8529
Candlewick House
120 Cannon Street
London EC4N 6AS
ICAP Anthony Lunn 
Anthony.Lunn@icap.com
0203 933
2288
2 Broadgate
London
EC2M 7UR
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2.3.4 Consultants’/advisers’ services 
This Council’s policy is to appoint full-time professional treasury management
consultants.
2.3.5 Policy on External Managers (Other than relating to
Superannuation Funds)
The Council’s policy is not to appoint external investment fund managers.
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TMP 3 DECISION-MAKING AND ANALYSIS
3.1  Funding, Borrowing, Lending, and New Instruments/Techniques:
+
3.1.1 Records to be kept
The Treasury section has a computerised system in which all investment and
loan transactions are recorded. 
The following records will be retained:-
• Daily cash balance forecasts;
• Money market rates obtained by telephone from brokers;
• Dealing slips for all money market transactions;
• Brokers’ confirmations for investment and temporary borrowing
transactions;
• Confirmations from borrowing and lending institutions where deals are
done directly;
• PWLB loan confirmations;
• PWLB debt portfolio schedules;
• Certificates for market loans, local bonds and other loans. 
3.1.2 Processes to be pursued 
• Cash flow analysis;
• Debt and investment maturity analysis;
• Ledger reconciliation;
• Review of opportunities for debt restructuring;
• Review of borrowing requirement to finance capital expenditure (and
other forms of financing where those offer value for money);
• Performance information (e.g. monitoring of actuals against budget for
debt charges, interest earned, debt management; also monitoring of
average pool rate, investment returns, etc). 
3.1.3 Issues to be addressed. 
3.1.3.1. In respect of every treasury management decision made the
Council will:
a) Above all be clear about the nature and extent of the risks to which
the Council may become exposed;
b) Be certain about the legality of the decision reached and the nature
of the transaction, and that all authorities to proceed have been
obtained;
c) Be content that the documentation is adequate both to deliver the
Council’s objectives and protect the Council’s interests, and to deliver
good housekeeping;
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d) Ensure that third parties are judged satisfactory in the context of the
Council’s creditworthiness policies, and that limits have not been
exceeded;
e) Be content that the terms of any transactions have been fully
checked against the market, and have been found to be competitive. 
3.1.3.2 In respect of borrowing and other funding decisions, the Council
will:
a) consider the ongoing revenue liabilities created, and the implications
for the organisation’s future plans and budgets, to ensure that its
capital plans and investments are affordable, proportionate to the
Council’s overall financial capacity, and are within prudent and
sustainable levels.  This evaluation will be carried out in detail over
the period of the Medium Term Financial Strategy.  Evaluation will
also consider a longer period to ensure that plans remain affordable,
proportionate, prudent and sustainable in the longer term;
b) not borrow to invest primarily for financial return;
c) not borrow earlier than required to meet cashflow needs unless there
is a clear business case for doing so;
d) not borrow unless it is to finance the current capital programme or to
fund future debt maturities, or to ensure an adequate level of short-
term investments to provide liquidity for the Council;
e) increase its CFR and borrowing solely for purposes directly and
primarily related to the functions of the authority and where any
financial returns are either related to the financial viability of the
project in question or otherwise incidental to the primary purpose;
f) undertake an annual review of any investments in commercial (debt
for yield) schemes with a view to identify whether such assets should
be sold to provide resources to finance capital expenditure plans or
refinance maturing debt.  The Council does not have any investments
in Commercial Debt therefore this is not applicable;
g) evaluate the economic and market factors that might influence the
manner and timing of any decision to fund;
h) consider the merits and demerits of alternative forms of funding,
including funding from revenue, leasing and private partnerships;
i) consider the alternative interest rate bases available, the most
appropriate periods to fund and repayment profiles to use and, if
relevant, the opportunities for foreign currency funding;
j) ensure that treasury management decisions are made in accordance
with good professional practice. 
3.1.3.3 In respect of investment decisions, the Council will:
a) Consider the optimum period, in the light of cash flow availability and
prevailing market conditions;
b) Consider the alternative investment products and techniques
available, especially the implications of using any which may expose
the Council to changes in the value of its capital;
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c) Ensure that any long-term treasury investment is supported by a
business case. 
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TMP 4 APPROVED INSTRUMENTS, METHODS AND TECHNIQUES
4.1 Approved Activities of the Treasury Management Operation
• borrowing;
• lending;
• debt repayment and rescheduling;
• consideration, approval and use of new financial instruments and treasury
management techniques;
• managing the underlying risk associated with the Council’s capital financing and
surplus funds activities;
• managing cash flow;
• banking activities;
• leasing.
4.2 Approved Instruments for Investments
Refer to the Treasury Management and Investment Strategy & Prudential
Indicators report.
4.2.1 Implementation of MIFID II requirements 
Since 3 January 2018, UK public sector bodies have been defaulted to “retail” status
under the requirements of MiFID II. However, for each counterparty it is looking to
transact with, (e.g. financial institution, fund management operator, broker), there
remains the option to opt up to “professional” status, subject to meeting certain
requirements specified by MIFID II and that it has the appropriate level of knowledge
and experience and decision making processes in place in order to use regulated
investment products. 
MIFID II does not cover term deposits so local authorities are not required to opt up to
professional status when trading with UK banks in fixed term deposits.  However,
some non-UK banks do not have the necessary regulatory permissions to deal with
retail clients, so opting up to professional status would be required.  
For investing in negotiable investment instruments, (e.g. certificates of deposit, gilts,
corporate bonds), money market funds and other types of investment funds, which are
covered by MIFID II, a schedule is maintained of all counterparties that the treasury
management team are authorised to place investments. (N.B. some money markets
funds will deal with both retail and professional clients.) 
A file is maintained for all permissions applied for and received for opt ups to
professional status. 
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SCHEDULE FOR OPT UPS TO PROFESSIONAL STATUS   
Money Market Funds 
Aberdeen MMF (formerly Standard Life MMF)
Federated MMF 
Other Counterparties/Companies
King & Shaxson
Tullet Prebon ICAP
Tradition
RP Martin
Link Treasury Solutions 
4.3 Approved Techniques
• Forward dealing 
• LOBOs – lenders option, borrower’s option borrowing instrument 
4.4 Approved Methods and Sources of Raising Capital Finance
Finance will only be raised in accordance with the Local Government in Scotland
Act 2003 and the 2016 Local Authority Capital Finance & Accounting Regs and
within this the Council has a number of approved methods and sources of raising
capital finance.  These are:
On Balance Sheet Fixed Variable
PWLB • •
UK Infrastructure Bank • •
Market (long-term) • •
Market (temporary) • •
Market (LOBOs) • •
Stock issues • •
Local temporary • •
Local Bonds •
Local Authority Bills • •
Overdraft  •
Negotiable Bonds • •
Internal (capital receipts & revenue balances) • •
Commercial Paper •
Medium Term Notes • 
Leasing (not operating leases) • •
Deferred Purchase • • 
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Other Methods of Financing 
Government and Capital Grants 
Lottery monies 
PFI/PPP 
Operating leases 
Borrowing will only be done in Sterling.  All forms of funding will be considered
dependent on the prevailing economic climate, regulations and local
considerations. The responsible officer has delegated powers in accordance with
Financial Regulations, Standing Orders, the Scheme of Delegation to Officers
Policy and the Treasury Management Strategy to take the most appropriate form
of borrowing from the approved sources. 
4.5 Investment Limits
The Annual Investment Strategy sets out the limits and the guidelines for use of
each type of investment instrument. 
4.6 Borrowing Limits
See the Treasury Management Strategy 
4.7 Non-treasury management investments
Appendix 3 lists the Non-Treasury Management Investments that the Council holds –
these are all classified under the Treasury Management Code as Service Investments.
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TMP 5  Organisation, Clarity and Segregation of Responsibilities, and
Dealing Arrangements
5.1  Allocation of responsibilities 
(i) Full Council
• receiving and reviewing reports on treasury management policies and
activities;
• approval of annual strategy;
• budget consideration and approval;
• receiving and reviewing regular monitoring reports and acting on
recommendations;
• approval of amendments to the organisation’s adopted clauses, treasury
management policy statement. 
(ii) Audit Committee
• In accordance with the Prudential Code, Audit Committee shall scutinise all
Treasury Management Reports (Strategy, Mid-Year and Outturn) and
provide recommendations for revision in the report for presentation to
Council. 
(iii) Chief Officer, Corporate Solutions
• approval of the division of responsibilities;
• approving the selection of external service providers and agreeing terms of
appointment;
• approval of treasury management practices and amendments thereto. 
5.2 Principles and Practices Concerning Segregation of Duties
5.2.1 The following duties must be undertaken by separate officers: -
Dealing  Setting of parameters of borrowing and
negotiation/authorisation of deal.
Receipt of brokers confirmation note and
diarisation of loan receipt against cashflow
forecast.
Bank/journal posting and bank
reconciliation.
Authorisation &
repayment of deal
Entry onto system.
Approval and payment. 
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5.3 Treasury Management Organisation Chart 
Chief Officer,
Corporate Solutions                   
I  
Financial Services
Manager                   
I  
Senior Finance
Business Partner                   
I  
_____________
_
Treasury Team ___________
_
5.4 Statement of the treasury management duties/responsibilities of each
treasury post 
5.4.1. The responsible officer 
The responsible officer is the person charged with professional responsibility
for the treasury management function and in this Council is the Chief Officer,
Corporate Solutions. This person will carry out the following duties: -
a) recommending clauses, treasury management policy for approval,
reviewing the same regularly, and monitoring compliance;
b) submitting regular treasury management policy reports;
c) submitting budgets and budget variations;
d) receiving and reviewing management information reports;
e) reviewing the performance of the treasury management function;
f) ensuring the adequacy of treasury management resources and skills,
and the effective division of responsibilities within the treasury
management function;
g) ensuring the adequacy of internal audit, and liaising with external
audit;
h) recommending the appointment of external service providers;
i) The responsible officer has delegated powers through this policy to
take the most appropriate form of borrowing from the approved
sources, and to make the most appropriate form of investments in
approved instruments;
j) The responsible officer may delegate his power to borrow and invest
to members of his staff. The Financial Services Manager, Senior
Finance Business Partner, the Assistant Accountant, Treasury or the
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Trainee Accountants must conduct all dealing transactions, or staff
authorised by the responsible officer to act as temporary cover for
leave or sickness;
k) The responsible officer will ensure that Treasury Management Policy
is adhered to, and if not will bring the matter to the attention of elected
members as soon as possible;
l) Prior to entering into any capital financing, lending or investment
transaction, it is the responsibility of the responsible officer to be
satisfied, by reference to the Council’s legal department and external
advisors as appropriate, that the proposed transaction does not
breach any statute, external regulation or the Council’s Financial
Regulations;
m) It is also the responsibility of the responsible officer to ensure that the
Council complies with the requirements of The UK Money Markets
Code (formerly known as the Non-Investments Products Code) for
principals and broking firms in the wholesale markets. 
5.4.2. Senior Finance Business Partner 
The responsibilities of this post will be: -
a) execution of transactions;
b) adherence to agreed policies and practices on a day-to-day
basis;
c) maintaining relationships with counterparties and external
service providers;
d) supervising treasury management staff;
e) monitoring performance on a day-to-day basis;
f) submitting management information reports to the
responsible officer;
g) identifying and recommending opportunities for improved
practices;
h) Preparing business case on borrowing in advance and/or
fixed term deposits for approval by Financial Services
Manager and Chief Officer, Corporate Solutions. 
The Treasury Team additionally includes the following persons:- 
Assistant Accountant, Treasury
The responsibilities of this post include the day to day operational tasks
to prepare the daily treasury bank position including forecast
movements during the day, preparation of Faster and CHAPS
payments, transmission of BACS files, completion of end of day
banking, and reconciliation of all treasury / loans fund ledger codes. 
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5.4.3. Knowledge & Skills Schedule 
See TMP10 and Appendix 2. 
5.4.4. The Head of the Paid Service – the Chief Executive 
The responsibilities of this post will be: -
a) Ensuring that the system is specified and implemented;
b) Ensuring that the responsible officer reports regularly to the
Council on treasury policy, activity and performance. 
5.4.5. The Monitoring Officer – the Legal Services Manager 
The responsibilities of this post will be: -
a) Ensuring compliance by the responsible officer with the treasury
management policy statement and treasury management
practices and that they comply with the law;
b) Being satisfied that any proposal to vary treasury policy or
practice complies with law or any code of practice;
c) Giving advice to the responsible officer when advice is sought. 
5.4.6. Internal Audit 
The responsibilities of Internal Audit will be: -
a) Reviewing compliance with approved policy and treasury
management practices;
b) Reviewing division of duties and operational practice;
c) Assessing value for money from treasury activities;
d) Undertaking probity audit of treasury function. 
5.5 Absence Cover Arrangements
In the absence of the Senior Finance Business Partner, the Financial Services
Manager with either fulfil the Senior Finance Business Partners’ duties or
delegate these to another Senior Finance Business Partner.
In the Absence of the Assistant Accountant, Treasury the Trainee Accountants
will fulfil that role.
5.6 Dealing Limits
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There are no dealing limits for individual posts.
5.7 List of Approved Brokers
A list of approved brokers is maintained within the Treasury Team and a record
of all transactions recorded against them.  See TMP 2.3.3.
5.8 Policy on Brokers’ Services
It is this Council’s policy to rotate business between brokers.
5.9 Policy on Taping of Conversations
It is not this Council’s policy to tape brokers conversations.
5.10 Direct Dealing Practices
The Council will consider dealing direct with counterparties if it is appropriate
and the Council believes that better terms will be available.  At present, most
deals are arranged through brokers.  There are certain types of accounts and
facilities, however, where direct dealing is required, as follows:- 
• Business Reserve Accounts;
• Call Accounts:
• Money Market Funds. 
5.11 Settlement Transmission Procedures
Payments will be made through the Bankline system to be completed by 2.00pm
on the same day (CHAPS payments and Faster Payments).
5.12 Documentation Requirements
For each deal undertaken a record should be prepared giving details of dealer,
amount, period, counterparty, interest rate, dealing date, payment date(s),
broker.
5.13 Arrangements Concerning the Management of Third-Party Funds.
The Council holds a number of trust funds.  The cash in respect of these funds
is held in the Council’s bank account but transactions are separately coded. 
Interest is given on credit balances at the average rate for internal balances for
the year.
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TMP 6  Reporting Requirements and Management Information
Arrangements
6.1  Annual programme of reporting
a) Annual reporting requirements before the start of the year:-
a) review of the organisation’s approved clauses, treasury management
policy statement and practices;
b) strategy report on proposed treasury management activities for the year
comprising of the Treasury Management and Annual Investment Strategy
& Prudential Indicators.
c) Capital strategy to cover the following:-
o Give a long-term view of the capital programme and treasury
management implications therefor beyond the five year time horizon
for detailed planning;
o An overview of the treasury and non-treasury investments to
highlight the risks and returns involved in each and the balance,
proportionality, between both types of investments;
o Schedule of non-treasury investments.
b) Mid-year review (or more frequently if necessary);
c) Annual review report after the end of the year;
d) Quarterly reporting of Treasury Management and Prudential Indicators with
the existing suite of financial monitoring reports.
6.2 Annual Treasury Management and Annual Investment Strategy & Prudential
Indicators report
1. The Treasury Management and Annual Investment Strategy & Prudential
Indicators report sets out the specific expected treasury activities for the
forthcoming financial year. This strategy will be submitted to Audit Committee
for scrutiny and then presented to the full Council for approval before the
commencement of each financial year;
2. The formulation of the Treasury Management and Annual Investment Strategy
& Prudential Indicators report involves determining the appropriate borrowing
and investment decisions in the light of the anticipated movement in both fixed
and shorter -term variable interest rates.  For instance, this Council may decide
to postpone borrowing if fixed interest rates are expected to fall, or borrow early
if fixed interest rates are expected to rise;
3. The Treasury Management and Annual Investment Strategy & Prudential
Indicators report is concerned with the following elements:
a) Prudential and Treasury Indicators;
b) current Treasury portfolio position;
c) borrowing requirement;
d) prospects for interest rates
e) borrowing strategy;
f) policy on borrowing in advance of need;
g) debt rescheduling;
h) investment strategy;
i) creditworthiness policy;
j) policy on the use of external service providers;
k) any extraordinary treasury issues.
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4. The Treasury Management and Annual Investment Strategy & Prudential
Indicators report will establish the expected move in interest rates against
alternatives (using all available information such as published interest rate
forecasts where applicable), and highlight sensitivities to different scenarios;
5. Whether the CIPFA Treasury Management Code and the CIPFA Prudential
Code have been adopted in full, or if not, provide an explanation;
6. The Council’s risk appetite in respect of security, liquidity and optimum
performance;
7. The definition of high credit worthiness;
8. Which instruments the Council will use (permitted investments) separately
identified as relating to Common Good and other;
9. Limits (by sum of money or percentage of the local authority’s total investments)
for each permitted investment.  Alternatively an investment may be ‘unlimited’;
10. The objectives of each type of investment;
11. The different types of risks that each permitted investment is exposed to;
12. The controls in place for limiting those risks;
13. Explanations for an unlimited categorisation;
14. Whether they will be used by the in house team, external managers or both (if
applicable);
15. The Council’s policy on the use of credit ratings and other credit risk analysis
techniques to determine creditworthy counterparties for its approved lending
list;
16. Which credit rating agencies the Council will use;
17. How the Council will deal with changes in ratings, rating watches and rating
outlooks;
18. Limits of amount and duration for individual counterparties and group limits;
19. Country limits;
20. Maximum value and maximum periods for which funds may be prudently
invested;
21. Levels of cash balances and investments over the same time period as the
authority’s capital investment plans and how the use of internal borrowing and
borrowing in advance will influence those levels;
22. Interest rate outlook;
23. Budget for investment earnings;
24. A review of the holding of longer term investments;
25. Details of how policies and practices will be scrutinised before being accepted
and how they will be monitored and changed;
26. Use of a cash fund manager (if applicable);
27. Policy on the use of external service providers;
28. Details as to where policies referred to in the Strategy may be obtained.
29. Treasury limits which are set through Prudential and Treasury Indicators. 
6.5 Policy on Prudential & Treasury Indicators
1. The Council approves before the beginning of each financial year a number of
treasury limits which are set through Prudential and Treasury Indicators.
2. The responsible officer is responsible for incorporating these limits into the
Annual Treasury Management Strategy Statement, and for ensuring
compliance with the limits. Should it prove necessary to amend these limits, the
responsible officer shall submit the changes for approval to the full Council
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6.5 Mid year review
A mid-year review report will be presented to Council outlining treasury
management activities and strategy.  This review will consider the following: -
a) activities undertaken;
b) variations (if any) from agreed policies/practices;
c) interim performance report;
d) regular monitoring;
e) monitoring of treasury management indicators for local authorities;
f) Projected performance for the second half of the year;
g) Updated prudential indicators.
6.6 Annual Review Report on Treasury Management Activity 
An annual report will be presented to the full Council at the earliest practicable
meeting after the end of the financial year.  This report will include the following: - 
a) Transactions executed and their revenue effects;
b) Report on risk implications of decisions taken and transactions executed;
c) Performance report;
d) Report on compliance with CIPFA Code recommendations, approved policies
and practices, the member approved treasury management strategy and on
statutory/regulatory requirements.
6.7 Quarterly Review
The quarterly review will comprise the monitoring of the treasury management and
prudential indicators as part of the authority’s general revenue and capital
monitoring reports.
6.7  Management Information Reports
Management information reports are prepared weekly and detail the current level
of debt and investments held by the Council (Prudential Indicators Report). 
Quarterly loan charges projections are prepared by the Senior Finance Business
Partner for the Financial Services Manager and Chief Officer, Corporate
Solutions.  These projections provide measurements of performance against
budget including the projected level of loan charges/investment income.  They
will also highlight any change to the original strategy along with an explanation of
variances, and outline any non-compliance with Prudential limits or other
treasury management limits.  Annual loan charges projections are also provided
to the Financial Services Manager and Chief Officer, Corporate Solutions to
ensure budget planning for the 5 year budget cycle.
6.8 Publication of Treasury Management Reports
The reports outlined in Section 6.1 above are published on the Council’s website. 
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TMP 7  BUDGETING, ACCOUNTING AND AUDIT ARRANGEMENTS
7.1 Statutory/Regulatory Requirements
The accounts are drawn up in accordance with the Code of Practice on Local
Authority Accounting in Great Britain that is recognised by statute as representing
proper accounting practices.  The Council has also adopted in full the principles
set out in CIPFA’s ‘Treasury Management in the Public Services - Code of
Practice’ (the ‘CIPFA Code’), together with those of its specific recommendations
that are relevant to this Council’s treasury management activities.
7.2 Sample Budgets / Accounts / Prudential and Treasury Indicators
The Chief Officer, Corporate Solutions will prepare a five year medium term
financial plan with Prudential and Treasury Indicators for treasury management
which will incorporate the budget for the forthcoming year and provisional
estimates for the following four years. This will bring together all the costs
involved in running the function, together with associated income.  The Financial
Services Manager will exercise effective controls over this budget and monitoring
of performance against Prudential and Treasury Indicators, and will report upon
and recommend any changes required in accordance with TMP6. 
7.3 List of Information Requirements of External Auditors
• Reconciliation of loans outstanding in the financial ledger to Treasury
Management records;
• Maturity analysis of loans outstanding;
• Certificates for new long term loans taken out in the year;
• Reconciliation of loan interest, discounts received and premiums paid to
financial ledger by loan type;
• Calculation of loans fund interest and debt management expenses;
• Details of interest rates applied to internal investments;
• Calculation of interest on working balances;
• Interest accrual calculation ;
• Principal and interest charges reports from the Logotech PSTM system;
• Analysis of any deferred charges;
• Calculation of loans fund creditors and debtors;
• Annual Treasury Report
• Treasury Management and Annual Investment Strategy & Prudential
Indicators report;
• Review of observance of limits set by Prudential and Treasury Indicators. 
7.4 Quarterly Budget Monitoring Report
Quarterly Budget Monitoring reports go to the full Council.  The report is intended
to highlight any variances between budgets and spend in order that the Council
can assess its financial position.  Details of treasury management activities are
included within this report. 
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TMP 8 Cash and Cash Flow Management
8.1 Arrangements for Preparing and Submitting Cash Flow Statements
Cash flow projections are prepared annually, monthly and daily. The annual and
monthly cash flow projections are prepared from the previous years’ cash flow
records, adjusted for known changes in levels of income and expenditure and
also changes in payments and receipts dates. These details are supplemented
on an ongoing basis by information received of new or revised amounts to be
paid or received as and when they are known. 
A debt liability benchmark will be created and monitored on a quarterly basis to
inform a long-term view of liquidity requirements. 
8.2 Bank Statements Procedures
The Council receives a daily download of data from its bank.  All amounts on the
statement are checked to source data from Payroll, Creditors etc. 
A formal bank reconciliation is undertaken on a four weekly basis by the
Financial Services team. 
8.3 Payment Scheduling and Agreed Terms of Trade With Creditors
Our policy is to pay creditors as soon as possible but not later than 30 days after
receipt of the invoice and this effectively schedules the payments.
8.4 Procedures for Banking of Funds
All money received by an officer on behalf of the Council will without unreasonable
delay be deposited in the Council’s banking accounts.  The cashiers will notify the
Treasury Team each morning of cash and cheques banked the previous day so
that the figures can be taken into account in the daily cash flow.
8.5 Practices Concerning Prepayments to Obtain Benefits
The Council has no formal arrangement in place.  Where such opportunities arise,
the prepayment would be sought and authorised by the responsible officer. 
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TMP 9 Money Laundering
9.1  Proceeds of Crime Act 2002
Money laundering has the objective of concealing the origin of money generated
through criminal activity. Legislation has given a higher profile to the need to report
suspicions of money laundering. The Proceeds of Crime Act (POCA) 2002
established the main offences relating to money laundering. In summary, these
are:
• concealing, disguising, converting, transferring or removing criminal
property from England and Wales, from Scotland or from Northern Ireland
• being concerned in an arrangement which a person knows or suspects
facilitates the acquisition, retention, use or control of criminal property
• acquiring, using or possessing criminal property. 
These apply to all persons in the UK in a personal and professional capacity. Any
person involved in any known or suspected money-laundering activity in the UK
risks a criminal conviction. Other offences under the POCA include:
• failure to disclose money-laundering offences
• tipping off a suspect, either directly or indirectly
• doing something that might prejudice an investigation – for example,
falsifying a document. 
9.2   The Terrorism Act 2000
This act made it an offence of money laundering to become concerned in an
arrangement relating to the retention or control of property likely to be used for the
purposes of terrorism, or resulting from acts of terrorism. All individuals and
businesses in the UK have an obligation to report knowledge, reasonable grounds
for belief or suspicion about the proceeds from, or finance likely to be used for,
terrorism or its laundering, where it relates to information that comes to them in the
course of their business or employment 
9.3  The Money Laundering Regulations 2012, 2015 and 2017
Organisations pursuing relevant business (especially those in the financial
services industry regulated by the FCA) are required to do the following:-
• Identify and assess the risks of money laundering and terrorist financing;
• Have policies, controls and procedures to mitigate and manage effectively
the risks of money laundering and terrorist financing identified through risk
assessments;
• appoint a nominated officer;
• implement internal reporting procedures;
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• train relevant staff in the subject;
• establish internal procedures with respect to money laundering;
• obtain, verify and maintain evidence and records of the identity of new
clients and transactions undertaken and report their suspicions. 
9.4  Local authorities
Public service organisations and their staff are subject to the full provisions of the
Terrorism Act 2000 and may commit most of the principal offences under the
POCA, but are not legally obliged to apply the provisions of the Money Laundering
Regulations 2012, 2015 and 2017. However, as responsible public bodies, they
should employ policies and procedures which reflect the essence of the UK’s anti-
terrorist financing, and anti-money laundering, regimes.  Accordingly this Council
will do the following: -
a) evaluate the prospect of laundered monies being handled by them
b) determine the appropriate safeguards to be put in place
c) require every person engaged in treasury management to make themselves
aware of their personal and legal responsibilities for money laundering
awareness
d) make all its staff aware of their responsibilities under POCA
e) appoint a member of staff to whom they can report any suspicions.  This person
is the Chief Officer, Corporate Solutions.
f) in order to ensure compliance is appropriately managed, this Council will
require senior management to give appropriate oversight, analysis and
assessment of the risks of clients and work/product types, systems for
monitoring compliance with procedures and methods of communicating
procedures and other information to personnel.
g) The officer responsible for the creation and monitoring the implementation of a
corporate anti money laundering policy and procedures is Chief Officer,
Corporate Solutions and it shall be a requirement that all services and
departments implement this corporate policy and procedures. 
9.5  Procedures for Establishing Identity / Authenticity Of Lenders
It is not a requirement under POCA for local authorities to require identification
from every person or organisation it deals with.  However, in respect of treasury
management transactions, there is a need for due diligence and this will be
effected by following the procedures below.
The Council does not accept loans from individuals.
All loans are obtained from the PWLB, other local authorities or from authorised
institutions under the Financial Services and Markets Act 2000.  This register can
be accessed through the FSA website on www.fsa.gov.uk. 
9.6  Methodologies for  Identifying Deposit Takers
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In the course of its Treasury activities, the Council will only lend money to or invest
with those counterparties that are on its approved lending list.  These will be local
authorities, the PWLB, Bank of England and authorised deposit takers under the
Financial Services and Markets Act 2000. The FCA register can be accessed
through their website on www.fsa.gov.uk).
All transactions will be carried out by CHAPS for making deposits or repaying
loans. 
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TMP 10 Training and Qualifications
This organisation recognises the importance of ensuring that all staff involved in the
treasury management function are fully equipped to undertake the duties and
responsibilities allocated to them. It will therefore seek to appoint individuals who are
both capable and experienced and will provide training for staff to enable them to
acquire and maintain an appropriate level of expertise, knowledge and skills.
The responsible officer will recommend and implement the necessary arrangements,
including the specification of the expertise, knowledge and skills required by each role
or member of staff. 
The responsible officer will ensure that Elected Council and Audit Committee
members tasked with treasury management responsibilities, including those
responsible for scrutiny, have access to training relevant to their needs and those
responsibilities. 
Those charged with governance recognise their individual responsibility to ensure that
they have the necessary skills to complete their role effectively. The present
arrangements, including a knowledge and skills schedule, are detailed in Appendix 2
to this document.
All treasury management staff should receive appropriate training relevant to the
requirements of their duties at the appropriate time.  The Chief Officer, Corporate
Solutions, the Financial Services Manager and the Senior Finance Business Partner
will review and identify the training requirements of individual members of staff
engaged on treasury related activities.
Additionally, training may also be provided on the job and it will be the responsibility
of the Senior Finance Business Partner to ensure that all staff under his / her authority
receive the level of training appropriate to their duties.  This will also apply to those
staff who from time to time cover for absences from the treasury management team.
10.1 Details of Approved Training Courses
Treasury management staff and members will go on courses provided by our
treasury management consultants, CIPFA, money brokers etc.
10.2 Records of Training Received by Treasury Staff
The Financial Services Manager will maintain records on all staff and the training
they receive.
10.3 Experience and Approved Qualifications for Treasury Staff
See Appendix 2.
10.4 Record of Secondment of Senior Management
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Records will be kept of senior management who are seconded into the treasury
management section in order to gain first-hand experience of treasury
management operations.
10.5 Statement of Professional Practice (SOPP)
1. Where the Chief Financial Officer is a member of CIPFA, there is a
professional need for the CFO to be seen to be committed to professional
responsibilities through both personal compliance and by ensuring that
relevant staff are appropriately trained;
2. Other staff involved in treasury management activities who are members of
CIPFA must also comply with the SOPP. 
10.6  Member training records
Records will be kept of all training in treasury management provided to members.
10.7  Members charged with governance
Members charged with diligence also have a personal responsibility to ensure
that they have the appropriate skills and training for their role.
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TMP 11 Use of External Service Providers 
11.1 Details of Contracts with Service Providers, Including Bankers, Brokers,
Consultants, Advisers
This Council will employ the services of other organisations to assist it in the
field of treasury management.  In particular, it will use external consultants to
provide specialist advice in this ever more complex area.  However, it will ensure
that it fully understands what services are being provided and that they meet
the needs of this organisation, especially in terms of being objective and free
from conflicts of interest.
It will also ensure that the skills of the in house treasury management team are
maintained to a high enough level whereby they can provide appropriate
challenge to external advice and can avoid undue reliance on such advice.
Treasury management staff and their senior management will therefore be
required to allocate appropriate levels of time to using the following sources of
information so that they are able to develop suitable levels of understanding to
carry out their duties, especially in challenge and avoiding undue reliance. 
• The quality financial press;
• Market data;
• Information on government support for banks;
• The credit ratings of that government support. 
11.1.1 Banking Services
a) Name of supplier of service is The Royal Bank of Scotland.
b) Regulatory status – banking institution authorised to undertake
banking activities by the FSA;
c) The branch address is:
63 High Street Dalkeith EH22 1JA 
Tel :- 0131 523 3505 – David Rennie, Relationship Director
d) Cost of service is variable depending on schedule of tariffs and
volumes but is currently estimated to cost around £20,000 per annum;
e) Payments due quarterly; 
11.1.2  Money-Broking Services 
The Council will use money brokers for temporary borrowing and
investment and long term borrowing.  It will seek to give an even spread of
business amongst the approved brokers. The performance of brokers is
reviewed by the Senior Finance Business Partner every year to see if any
should be taken off the approved list and replaced by another choice and
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will make appropriate recommendations to change the approved brokers
list to the Financial Services Manager.
11.1.3 Consultants’/Advisers’ Services
Treasury Consultancy Services
The Council will seek to take expert advice on interest rate forecasts,
annual treasury management strategy, timing for borrowing and lending,
debt rescheduling, use of various borrowing and investment instruments,
how to select credit worthy counterparties to put on its approved lending
list etc.
The performance of consultants will be reviewed by the Financial Services
Manager every year to check whether performance has met expectations.  
a) Name of supplier of service is Capita Asset Services (Treasury
Solutions), 40 Duke’s Place, London EC3A 7NH.  Tel:  0871 664 6800
b) Regulatory status: investment adviser authorised by the FSA;
c) Cost of service is £19,450.00 per year;
d) Payments due on 1 January each year.   
Other Consultancy services may be employed on short term contracts as
and when required.
11.1.4   Credit Rating Agency
The Council receives a credit rating service through its treasury
management consultants, the costs of which is included in the
consultant’s annual fee.
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TMP 12 Corporate Governance 
12.1.1 List of Documents to be Made Available for Public Inspection
a. The Council is committed to the principle of openness and transparency in
its treasury management function and in all of its functions;
b. It has adopted the CIPFA Code of Practice on Treasury management and
implemented key recommendations on developing Treasury Management
Practices, formulating a Treasury Management Policy Statement and
implementing the other principles of the Code;
c. The following documents are available for public inspection: -
Treasury Management Policy Statement;
Annual Treasury Management and Investment Strategy & Prudential
Indicators report;
Annual Treasury Management Outturn Report;
Treasury Management monitoring reports (e.g. half yearly);
Annual accounts and financial instruments disclosure notes;
Annual budget;
5 Year General Services Capital Plan & 15 year HRA Capital Plan;
Capital Strategy
Minutes of Council / Cabinet / committee meetings
Schedule of all external funds managed by the Council on behalf of
others and the basis of attributing interest earned and costs of these
investments.  
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Appendix 1: Environmental, Social & Governance Risk Management
This Council is supportive of the Principles for Responsible Investment
(www.unpri.org) and will seek to bring ESG (environmental, social and governance)
factors into the decision-making process for investments. Within this, the Council is
also appreciative of the Statement on ESG in Credit Risk and Ratings which commits
signatories to incorporating ESG into credit ratings and analysis in a systemic and
transparent way. The Council uses ratings from Fitch, Moody’s and Standard &
Poor’s to support its assessment of suitable counterparties. Each of these rating
agencies is a signatory to the ESG in credit risk and ratings statement, which is as
follows:  
“We, the undersigned, recognise that environmental, social and
governance (ESG) factors can affect borrowers’ cash flows and the
likelihood that they will default on their debt obligations. ESG factors are
therefore important elements in assessing the creditworthiness of
borrowers. For corporates, concerns such as stranded assets linked to
climate change, labour relations challenges or lack of transparency
around accounting practices can cause unexpected losses, expenditure,
inefficiencies, litigation, regulatory pressure and reputational impacts.
At a sovereign level, risks related to, inter alia, natural resource
management, public health standards and corruption can all affect tax
revenues, trade balance and foreign investment. The same is true for
local governments and special purpose vehicles issuing project bonds.
Such events can result in bond price volatility and increase the risk of
defaults.
In order to more fully address major market and idiosyncratic risk in debt
capital markets, underwriters, credit rating agencies and investors should
consider the potential financial materiality of ESG factors in a strategic
and systematic way. Transparency on which ESG factors are considered,
how these are integrated, and the extent to which they are deemed
material in credit assessments will enable better alignment of key
stakeholders.
In doing this the stakeholders should recognise that credit ratings reflect
exclusively an assessment of an issuer’s creditworthiness. Credit rating
agencies must be allowed to maintain full independence in determining
which criteria may be material to their ratings. While issuer ESG analysis
may be considered an important part of a credit rating, the two
assessments should not be confused or seen as interchangeable.
With this in mind, we share a common vision to enhance systematic and
transparent consideration of ESG factors in the assessment of
creditworthiness.”
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For short term investments with counterparties, this Council utilises the ratings
provided by Fitch, Moody’s and Standard & Poor’s to assess creditworthiness, which
do include analysis of ESG factors when assigning ratings. The Council will continue
to evaluate additional ESG-related metrics and assessment processes that it could
incorporate into its investment process and will update accordingly.
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Appendix 2: Knowledge & Skills Schedule 
This appendix details the knowledge, experience and qualification requirements for all
staff and elected members involved in Treasury Management.
It also details the actual treasury management qualifications and experience of these
individuals.
One of the qualifications for upgrading to professional status under MIFID II is at least
1yr experience in professional position in financial markets which requires knowledge
of transactions or services envisaged.  There is no guidance on how to interpret and
apply this requirement – it could therefore mean that there must be a minimum of one
senior person in authority in the treasury management function who has such
qualifying experience and then all staff acting under that delegated authority are
covered.
The Scottish Treasury Management Toolkit – Developed in partnership with CIPFA –
a series of new online learning modules developed to assist Officers and Elected
Members to have a minimum level of knowledge and understanding of Treasury
Practices.  These will be made available in early 2023.
CIPFA have recently published a document covering Effective Scrutiny of Treasury
Management which is a self-assessment tool to support the development of effective
scrutiny.  There are several ways in which it can be used, as noted in the CIPFA
publication.  
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Audit Committee / Elected Members 
Key Knowledge and skills required: 
• Effective scrutiny of all Treasury Management reports (Strategy, Mid-
Year and Outturn)
• Provision of recommendations to Council of revisions to Treasury
Management reports; 
Recording of Training & Development 
• 17/02/2021: Elected Member Briefing on Treasury Management
• Completion of CIPFA Self-Assessment toolkit: Effective Scrutiny of
Treasury Management 
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Chief Officer, Corporate Solutions 
Key Knowledge and skills required: 
• Recommending clauses, treasury management policy for approval,
reviewing the same regularly, and monitoring compliance;
• Submitting regular treasury management policy reports;
• Review of management information reports;
• Reviewing the performance of the treasury management function;
• Ensure the adequacy of treasury management resources and skills, and
the effective division of responsibilities within the treasury management
function;
• Ensuring the adequacy of internal audit, and liaising with external audit;
• Recommending the appointment of external service providers;
• The responsible officer has delegated powers through this policy to take
the most appropriate form of borrowing from the approved sources, and
to make the most appropriate form of investments in approved
instruments;
• The responsible officer may delegate his power to borrow and invest to
members of his staff. The Financial Services Manager, Senior Finance
Business Partner, the Assistant Accountant, Treasury or the Trainee
Accountants must conduct all dealing transactions, or staff authorised by
the responsible officer to act as temporary cover for leave or sickness;
• The responsible officer will ensure that Treasury Management Policy is
adhered to, and if not will bring the matter to the attention of elected
members as soon as possible;
• Prior to entering into any capital financing, lending or investment
transaction, it is the responsibility of the responsible officer to be satisfied,
by reference to the Council’s legal department and external advisors as
appropriate, that the proposed transaction does not breach any statute,
external regulation or the Council’s Financial Regulations;
• It is also the responsibility of the responsible officer to ensure that the
Council complies with the requirements of The UK Money Markets Code
(formerly known as the Non-Investments Products Code) for principals
and broking firms in the wholesale marketsApproval of the division of
responsibilities;
• Approving the selection of external service providers and agreeing terms
of appointment;
• Approval of treasury management practices and amendments thereto.
• Full member of accountancy body (CIPFA/ACCA/CIMA) 
Recording of Training & Development 
• 12 years experience in leading Treasury Management team
• 05/10/2022: Treasury Strategy Meeting (Link)
• 19/01/2022: Treasury Strategy Meeting (Link)
• 11/01/2022: Scottish Treasury Management Workshop Webinar (Link)
• 26/10/2021: Treasury Strategy Meeting (Link)
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• 17/02/2021: Elected Member Briefing on Treasury Management
• Various: Directors of Finance Meetings 
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Financial Services Manager 
Key Knowledge and skills required: 
• Development of strategic financial planning for the Council’s capital and
revenue budgets including loan charges
• Management of the Council’s Treasury Management Activities (loan
portfolio of £320 million and investment portfolio of £150 million)
• Developed understanding of strategic and operational Treasury
Management issues and its importance in the Council
• Understanding of the Council’s borrowing requirements arising from its
current capital plans, its existing debt portfolio and future capital
strategies
• Full member of accountancy body (CIPFA/ACCA/CIMA) 
Recording of Training & Development 
• 12 years experience in managing the provision of Treasury Management
activities
• 05/10/2022: Treasury Strategy Meeting (Link)
• 19/01/2022: Treasury Strategy Meeting (Link)
• 26/10/2021: Treasury Strategy Meeting (Link)
• 17/02/2021: Elected Member Briefing on Treasury Management
• 24/11/2022-25/11/2022: Treasury Management Seminar in Dunblane 
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Senior Finance Business Partner 
Key Knowledge and skills required:
• Developed understanding of strategic and operational Treasury
Management issues and its importance in the Council
• Management of the Council’s loan and investment portfolios
• Understanding of the Council’s borrowing requirements arising from its
current capital plans, its existing debt portfolio and future capital
strategies
• Knowledge of available loan and deposit options available to the Council
and ability to carry out detailed financial appraisal / business case to
recommend preferred options for borrowing and deposits to senior
management
• Detailed understanding of execution of loan and deposit transactions
and the relative risks and benefits of each to the Council
• Knowledge of operational systems used by Council for Treasury
Management and payment purposed (Logotech PSTM Treasury
Management recording system; PT-X transmission of BACS files;
Integra for financial accounting & internal control)
• Detailed knowledge of how to deal/transact with brokers/banks and
placement of deals
• Lead Treasury Management Strategy meetings with External Advisors
and Senior Management
• At least 1 year experience in professional position in financial markets
which requires knowledge of transactions or services envisaged (in
accordance with MIFID II & Code requirements)
• Attendance at Treasury Management Online Seminars & Training
Workshops
• Attendance at bi-annual Treasury Management Forum
• Supervision of Treasury Management staff;
• Completion of available Scottish Treasury Management Forum Toolkit
Modules
• Full member of accountancy body (CIPFA/ACCA/CIMA 
Recording of Training & Development
• 12 years experience in leading Treasury Management team
• 06/10/2022: Scottish Strategic Treasury Issues Webinar (Link)
• 05/10/2022: Treasury Strategy Meeting (Link)
• 15/06/2022: Investment Benchmarking Meeting East of Scotland (Link)
• 01/06/2022: CIPFA Scottish Treasury Management Forum
• 28/03/2022: Scottish Strategic Treasury Issues Webinar (Link)
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• 23/02/2022: RBS bank review meeting
• 19/01/2022: Treasury Strategy Meeting (Link)
• 11/01/2022: Scottish Treasury Management Workshop Webinar (Link)
• 23/11/2021: Investment Benchmarking Meeting East of Scotland (Link)
• 26/10/2021: Treasury Strategy Meeting (Link)
• 20/10/2021: Scottish Strategic Treasury Issues Webinar (Link)
• 07/07/2021: Investment Benchmarking Meeting East of Scotland (Link)
• 14/05/2021: CIPFA Scottish Treasury Management Forum AGM
• 23/03/2021: Scottish Strategic Treasury Issues Webinar (Link)
• 17/02/2021: Elected Member Briefing on Treasury Management
• XX/XX/XXXX: Logotech Workshop
• 24/11/2022-25/11/2022: Treasury Management Seminar in Dunblane
• Various: Scottish Treasury Management Forum Executive Committee
• Full member of accountancy body (CIPFA) since 2008  
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61 
Assistant Accountant, Treasury
Key Knowledge and skills:
• Developed understanding of all operational aspects of Treasury
Management
• Knowledge of differing types of loans and deposits available to the
Council
• Experience of execution of loan and deposit transactions
• Excellent organisational skills
• Knowledge of Logotech PSTM Treasury Management recording system
• Knowledge of PT-X and transmission of BACS files from start to finish
• Knowledge of Integra financial accounting system and internal control
arrangements for making payments
• Knowledge of how to deal/transact with brokers/banks and placement of
deals.
• Attendance at Treasury Management Strategy meetings with External
Advisors and Senior Management
• Attendance at Treasury Management Online Seminars & Training
Workshops
• Attendance at bi-annual Treasury Management Forum
• Ongoing Logotech workshops with updates on software
• Training in the use of PT-X and bank software
• Completion of available Scottish Treasury Management Forum Toolkit
Modules 
Recording of Training & Development
• 15 years experience in leading Treasury Management operational
activities
• 06/10/2022: Scottish Strategic Treasury Issues Webinar (Link)
• 05/10/2022: Treasury Strategy Meeting (Link)
• 28/03/2022: Scottish Strategic Treasury Issues Webinar (Link)
• 23/02/2022: RBS bank review meeting
• 19/01/2022: Treasury Strategy Meeting (Link)
• 11/01/2022: Scottish Treasury Management Workshop Webinar (Link)
• 26/10/2021: Treasury Strategy Meeting (Link)
• 20/10/2021: Scottish Strategic Treasury Issues Webinar (Link)
• 23/03/2021: Scottish Strategic Treasury Issues Webinar (Link)
• 17/02/2021: Elected Member Briefing on Treasury Management
• 29/10/2019: Logotech Workshop
• 24/11/2022-25/11/2022: Treasury Management Seminar in Dunblane  
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62 
Appendix 3: Investment Management Practices for Non-Treasury Investments 
This organisation recognises that investments taken for non-treasury management
purposes requires careful investment management. Such activity includes loans
supporting service outcomes and investments in subsidiaries. 
This organisation will maintain a schedule setting out a summary of existing material
investments, subsidiaries, joint ventures and liabilities including financial guarantees
and the organisation’s risk exposure. 
This organisation will ensure that all the organisation’s investments are covered in
the Treasury Management and Annual Investment Strategy, or Capital Strategy, and
will set out, where relevant, the organisation’s risk appetite and specific policies and
arrangements for non-treasury investments.  It is recognised that the risk appetite for
these activities, which are predominantly service lead, may differ from that for
treasury management. 
The Council has the following investments for non-Treasury Management purposes. 
These are classified as Investments for Service Purposes (or Service Investments)
which are taken or held primarily and directly for the delivery of public services
(including housing, regeneration & local infrastructure) or in support of joint working
with others to deliver such services. 
Equity Shareholding in Lothian Buses 
Midlothian Council holds a 5.5% shareholding in Lothian Buses plc, a company
incorporated in January 1986 under the terms of the Transport Act 1985 to operate
buses in the City of Edinburgh and its surrounding area. 
The valuation basis for the Council’s shareholding (350,000 £1 ordinary shares) is
calculated as net share of equity attributable to equity holders, this equates to £4.642
million in line with the published results for the year ended 31 December 2021. 
Excluding 2020 and 2021, there has been no default on the dividend payable to the
Council over the period the Council has held this investment. 
Subordinated Debt Subscription to the SPV set up to deliver the Newbattle
Centre project 
This involved the Council subscribing £0.333 million of subordinated debt to the SPV
that was set up to deliver the Newbattle Centre project. 
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63 
The length of the investment is 25 years (DBFM contract period) with the subscription
made at operation commencement of the contract. 
The repayment profile will comprise 81% of the principal remaining invested until the
final two years of the contract. 
The principal on this investment will be repaid fully over the 25-year project life, with
the majority (81%) remaining invested until the final two years of the contract.  Interest
is paid biannually at a 10.50% coupon based on the average principal outstanding
over the relevant 6-month period. 
Whilst the investment is sellable in the secondary market, the valuation basis for the
Council’s shareholding (current nominal value of loan stock £0.324 million) is
calculated based on the subscription value less repayments of principal, as there is no
equivalent market data to estimate resale value. 
Whilst there are no directly observable indicators which would allow an expected credit
loss for this investment to be accurately calculated, there are no indications of adverse
performance with the DBFM Co or any indications that future scheduled lifecycle
maintenance will not be able to take place or senior and/or subordinated debt will not
be able to be repaid.  The Council will continue to review the performance of the SPC
on an annual basis. 
The Treasury risk associated with this type of investment will be mitigated through an
annual assessment as a minimum to review the holding of such debt, and whether the
exposure to risk arising from the investment has changed over the period.  The Council
and Scottish Government (via the SFT) are participants in and party to the governance
and controls within the project structure.  As such, they are well placed to influence
and ensure the successful completion of the project’s term. 
Midlothian Energy Limited ESCO 
Midlothian Energy Limited (MEL) is a Joint Venture between Midlothian Council and
Vattenfall to deliver energy supply to Shawfair using heat supplied from the Millerhill
Energy from Waste plant and related projects.  The carrying value of this investment
represents the funds invested in 2022, totalling £1.510 million. 
The Council is in a joint venture partnership and therefore party to the governance and
controls within the project structure. As such the Council is well placed to influence
and ensure the successful completion of the project’s term. 
Whilst there is no directly observable indicators which would allow an expected credit
loss for this investment to be accurately calculated, there are no indications of adverse
performance. The Council will continue to review the performance of the company on
an annual basis. 
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64 
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Page 101

cipfa.org
CIPFA, registered with the Charity Commissioners of England and Wales No. 231060 and the Office of the Scottish Charity Regulator No.SC037963. CIPFA Business Limited, the trading arm of CIPFA, registered in
England and Wales no.2376684. Registered Office 77 Mansell Street, London E1 8AN.
Effective Scrutiny of Treasury Management
Self-assessment by members responsible for the scrutiny of treasury management
CIPFA’s Treasury Management In The Public Services: Code of Practice and Cross-sectoral Guidance Notes (2021 edition) requires
public service organisations to nominate a responsible body for the scrutiny of treasury management strategy and policies. To undertake
this role effectively, the nominated committee will require support, training and guidance. CIPFA’s publication Audit Committees: Practical
Guidance for Local Authorities and Police (2022 edition) provides guidance for the audit committee if it is nominated to take on the
scrutiny role. It also identifies core areas of knowledge committee members would need to undertake this role effectively.
Effective scrutiny is important. As well as demonstrating compliance with the Treasury Management Code, scrutiny is an important part of
ensuring effective governance of treasury management. 
• It helps develop a better understanding of the treasury risks faced by the organisation.
• It helps ensure better decision making on strategy and policy matters.
• It improves accountability and transparency.
• It improves knowledge and understanding of treasury matters among the members of the governing body.
This self-assessment tool has been designed to support the development of effective scrutiny. There are several ways it can be used,
including the following.
• For self-assessment by the committee responsible for undertaking the scrutiny.
• For self-assessment by the responsible committee with additional input from the audit committee (where the audit committee
doesn’t undertake this function directly).
• For review as part of an internal audit of treasury management.
• For review by the treasury officers/finance team responsible for reporting to the committee.
Appendix 7
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Page 102

The most important thing is that the review is used to identify any areas where support or training is needed to ensure the development of
effective scrutiny.
This assessment tool replaces the 2014 edition. 
CIPFA Better Governance Forum and Treasury Management Network 2022
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Page 103

Aspects of delivering effective
scrutiny Yes No Partly Comments/examples
Action plan for
improvement or
development
Clearly defined responsibility 
Has the organisation nominated a
responsible committee for scrutiny in
compliance with the CIPFA Treasury
Management Code of Practice?     
Does the committee responsible for
scrutiny have appropriate and up-to-date
terms of reference outlining its role in
relation to treasury management?     
Knowledge and training 
Do those responsible for scrutiny have
an appropriate level of knowledge in the
following areas:     
• Regulatory requirements?     
• Treasury risks?     
• The organisation’s treasury
management strategy?     
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Page 104

Aspects of delivering effective
scrutiny
Yes No Partly Comments/examples
Action plan for
improvement or
development 
• The organisation’s policies and
procedures in relation to treasury
management? 
Have committee members been provided
with training for their role? 
Support for effective scrutiny 
Has adequate time been made on the
committee agenda to allow for sufficient
scrutiny to take place?     
Have reports and briefings been provided
in good time to committee members?     
Have reports and briefings been
presented to the committee with
adequate explanations and minimal
jargon?     
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Page 105

Aspects of delivering effective
scrutiny Yes No Partly Comments/examples
Action plan for
improvement or
development
Coverage of the required areas 
During the past year, has the committee
undertaken scrutiny as follows:     
• Reviewed whether appropriate
policy and procedures have been
adopted? 
• Reviewed the robustness of the
process for strategy development
– for example, whether option
appraisals and opportunity
costing have been used? 
• Received regular briefings on
performance, issues and trends
affecting treasury management? 
• Reviewed the organisation’s risk
profile and treasury risks and how
these are managed? 
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Page 106

Aspects of delivering effective
scrutiny Yes No Partly Comments/examples
Action plan for
improvement or
development 
• Reviewed the role of external
advisors and the adequacy of
other sources of financial
information? 
• Reviewed assurances on treasury
management, including internal
audit reports and management
reports? 
During the past year, has the committee
scrutinised how effectively decision-
making bodies are performing their roles
as defined by clauses 2 and 3 in the
Treasury Management Code of Practice? 
For instance, does the committee know
whether the nominated body responsible
for implementation and monitoring
(clause 3) has carried out this role
satisfactorily?     
Quality of scrutiny
Is the committee able to demonstrate its
effectiveness in providing scrutiny in any
of the following ways:     
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Page 107

• Questioning and constructive
challenge? 
• Recommendations for additional
actions? 
• Ensuring that adequate plans are
in place to provide assurance? 
• Following up any
recommendations or action
plans? 
• Providing a report to full council
on the scrutiny undertaken? 
• Other examples? 
Impact of scrutiny 
Is the committee able to demonstrate the
impact of undertaking scrutiny? 
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Examples might include the following: 
• Improvements in internal controls
as a result of scrutiny of policies
and procedures. 
• Improvements made to reports to
make them more understandable. 
• Members of full council can better
understand the risks shaping the
organisation’s treasury strategy. 
Completion date of assessment:
Completed by:
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Audit Committee
Tuesday 6 December 2022
Item 5.2 
Internal Audit Work to October 2022 
Report by Principal Internal Auditor 
Report for Decision 
1 Recommendations 
The Audit Committee is asked to:
a) Consider the Executive Summaries of the final Internal Audit
assurance reports issued;
b) Note the Internal Audit Assurance Work in Progress and Internal
Audit and Other Work carried out; and
c) Acknowledge the assurance provided on internal controls and
governance arrangements in place for the areas covered by this
Internal Audit work. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to provide members of the Audit Committee
with details of the recent work carried out by Internal Audit and the
findings and recommended audit actions agreed by Management to
improve internal controls and governance arrangements. 
The Internal Audit Annual Plan 2022/23 was approved by the Audit
Committee on 14 March 2022. Internal Audit has carried out work
associated with the delivery of the Plan to meet its objective of
providing an opinion on the efficacy of the Council’s risk management,
internal control and governance. 
An Executive Summary of the final Internal Audit assurance reports
issued, including audit objective, findings, good practice and
recommendations (where appropriate), and the Principal Internal
Auditor’s independent and objective opinion on the adequacy of the
control environment and governance arrangements within each audit
area, is shown in Appendix 1. 
The MLC Internal Audit function conforms with the professional
standards as set out in Public Sector Internal Audit Standards (PSIAS)
(2017) including the production of this report to communicate the
results of the reviews. 
Date 1 November 2022 
Report Contact:
Elaine Greaves
elaine.greaves@midlothian.gov.uk
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2
3 Progress Report 
3.1 The Internal Audit Annual Plan 2022/23 was approved by the Audit
Committee on 14 March 2022. Internal Audit has carried out the
following work in the period from 1 April to 31 October 2022 associated
with the delivery of the Plan to meet its objective of providing an
opinion on the efficacy of the Council’s risk management, internal
control and governance. 
3.2 The MLC Internal Audit function conforms with the professional
standards as set out in Public Sector Internal Audit Standards (PSIAS)
(2017) including the production of this report to communicate the
results of the reviews. 
3.3 Internal Audit issued final assurance reports on the following subjects:
• Freedom of Information and Environmental Information
Regulation Requests;
• Street Lighting; and
• PPP Schools Contract Management and Payment Mechanism. 
3.4 An Executive Summary of the final Internal Audit assurance report
issued, including audit objective, findings, good practice and
recommendations (where appropriate), and the Principal Internal
Auditor’s independent and objective opinion on the adequacy of the
control environment and governance arrangements within each audit
area, is shown in Appendix 1.
The definitions for Internal Audit assurance categories are as follows:
Level Definition
Comprehensive
assurance
Sound risk, control, and governance systems are in place. These should be effective in mitigating
risks to the achievement of objectives. Some improvements in a few, relatively minor, areas may
be required.
Substantial
assurance
Largely satisfactory risk, control, and governance systems are in place. There is, however, some
scope for improvement as current arrangements could undermine the achievement of objectives
or leave them vulnerable to error or misuse.
Limited assurance Risk, control, and governance systems have some satisfactory aspects. There are, however, some
significant weaknesses likely to undermine the achievement of objectives and leave them
vulnerable to an unacceptable risk of error or misuse.
No assurance The systems for risk, control, and governance are ineffectively designed and operated. Objectives
are not being achieved and the risk of serious error or misuse is unacceptable. Significant
improvements are required. 
Current Internal Audit Assurance Work in Progress 
3.5 Internal Audit assurance work in progress to deliver the Internal Audit
Annual Plan 2022/23 consists of the following: 
Audit Area Audit Stage
Accounts Receivable - Sundry Debt Drafting the report
Utilities: Energy and Water Consumption Drafting the report
Employability Funded Programmes Testing underway
Care at Home Testing underway
Performance Management and Performance Indicators  Testing underway
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3 
Internal Audit Consultancy and Other Work
3.6 Internal Audit staff have been involved in the following for the Council
to meet its aims and objectives, and its roles and responsibilities in
accordance with the approved Internal Audit Charter and Strategy:
a) In its critical friend role provided an independent view and
challenge at various forums including Capital Plan and Asset
Management Board, Capital Plan Programme Board - Children
Young People & Estates, Capital Plan Management Group, UKSPF
Oversight Board and Information Management Group;
b) Learning and development during the research stage of new audit
areas for all Internal Audit team members and through joining
virtual audit forums and meetings; and
c) Monitored publication of Audit Scotland reports and co-ordinated
submission by management of Audit Scotland Reports to the Audit
Committee or other Committee as relevant. 
Recommendations
3.7 Recommendations in reports are suggested changes to existing
procedures or processes to improve the controls or to introduce
controls where none exist. The grading of each recommendation
reflects the risk assessment of non-implementation, being the product
of the likelihood of the risk materialising and its impact: 
High: Significant weaknesses in existing controls, leaving the Council or Service open to error, fraud,
financial loss or reputational damage, where the risk is sufficiently high to require immediate action
within one month of formally raising the issue. Added to the relevant Risk Register and included in the
relevant Assurance Statement.
Medium: Substantial weaknesses in existing controls, leaving the Council or Service open to medium
risk of error, fraud, financial loss or reputational damage requiring reasonably urgent action within
three months of formally raising the issue.
Low: Moderate weaknesses in existing controls, leaving the Council or Service open to low risk of
error, fraud, financial loss or reputational damage requiring action within six months of formally raising
the issue to improve efficiency, effectiveness and economy of operations or which otherwise require to
be brought to attention of senior management.
Outwith the report, Internal Audit informs operational managers about other matters as part of
continuous improvement. 
3.8 The table below summarises the number of Internal Audit
recommendations made during 2022/23:
Recs Rating 2022/23 Number of Recs
High 0
Medium 7
Low 8
Sub-total reported this period 15
Previously reported 0
Total 15 
Recommendations agreed with action plan 15
Not agreed; risk accepted 0
Total 15 
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4
4 Report Implications (Resource, Digital, Risk and Equalities) 
4.1 Resource 
Resource implications of implementing Internal Audit recommendations
are considered as part of the audit process to ensure these are
reasonable and proportionate to the risks. 
4.2 Digital 
There are no digital implications arising from this report. 
4.3 Risk 
The PSIAS require Internal Audit to evaluate the effectiveness of the
Council’s risk management arrangements and contribute to
improvements in the process. At the start of each audit engagement, to
capture potential areas of risk and uncertainty more fully, key
stakeholders have been consulted and risk registers have been
considered. During each audit engagement the management of risk
has been tested. 
It is anticipated that improvements in the management and mitigation of
risks will arise as a direct result of management implementing the
Internal Audit recommendations made. If audit recommendations are
not implemented, there is a greater risk of financial loss and/or reduced
operational efficiency and effectiveness, and management may not be
able to demonstrate improvement in internal control and governance
arrangements, and effective management of risks. 
4.4 Ensuring Equalities 
This report does not relate to a new or revised policy, service or budget
change, which affects people (the public or staff), so an Integrated
Impact Assessment (IIA) is not an applicable consideration. 
The Internal Audit work is carried out in accordance with the
appropriate legislation and professional standards. The latter includes
compliance by those within the Internal Audit function with the Code of
Ethics set out in the PSIAS which is appropriate for the profession of
Internal Audit founded as it is on trust placed in its independent and
objective assurance about risk management, internal control and
governance. 
4.5 Additional Report Implications (See Appendix A) 
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5
APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within
the Single Midlothian Plan to which Midlothian Council and its
Community Planning Partners have made a commitment (Reducing the
gap in economic circumstances; Reducing the gap in learning
outcomes; Reducing the gap in health outcomes; and Reducing the
impact of climate change), good governance is important to enable the
Council to deliver its key priorities in support of achieving the its
objectives. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
The Council is committed to creating a great place to grow supported
by the 9 drivers for change. Implementing the 9 drivers for change in
practice is applicable to the Internal Audit service provision to assist the
Council in achieving its objectives. 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
The definition of Internal Auditing within the Public Sector Internal Audit
Standards (PSIAS) is “Internal auditing is an independent, objective
assurance and consulting activity designed to add value and improve
an organisation’s operations. It helps an organisation accomplish its
objectives by bringing a systematic, disciplined approach to evaluate
and improve the effectiveness of risk management, control and
governance processes.” 
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6
Implementation by management of the actions associated with Internal
Audit recommendations, that are designed to improve internal control
and governance arrangements and management of risks, underpins
the Council’s own continuous improvement arrangements to enhance
its effectiveness, thus supporting the delivery of the Council’s best
value duties. 
A.5 Involving Communities and Other Stakeholders 
The Chief Internal Auditor is accountable to the Audit Committee which,
in fulfilling its governance role, acts as a bridge between the Council
and other stakeholders. 
This report has been presented to the Corporate Management Team to
outline the key messages of assurance and areas of improvement.
Senior management relevant to the areas audited have agreed the final
Internal Audit assurance reports as set out in the relevant Executive
Summary within Appendix 1. 
A.6 Impact on Performance and Outcomes 
The Findings and Recommendations from Internal Audit work during
the year are designed to assist the Council in improving its
performance and outcomes. 
A.7 Adopting a Preventative Approach 
Internal Audit assurance work includes assessments on when a
preventative approach can be adopted. 
A.8 Supporting Sustainable Development 
This report does not relate directly to supporting sustainable
development. Good governance is important to enable Midlothian
Council to achieve its objectives.
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APPENDIX 1 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject:  PPP Schools
Contract Management and
Payment Mechanism 
Category: Assurance – Cyclical 
Date issued: 
8 September 2022 Draft 
27 September 2022 Final 
Level of Assurance: 
Substantial for monitoring,
helpdesk systems and
payment mechanisms. 
Limited for lifecycle reporting,
variations, site visits and
recording of helpdesk tasks for
1 provider. 
The purpose of the audit was to review the contract management arrangements
over the Council’s schools PPP (public-private partnership) contracts and the
Not for Profit Distributing Model (NPDM) contract including review of the monthly
payment mechanisms.
The Council has two Public Private Partnership contracts: PPP1: Dalkeith
Schools Community Campus; PPP2: 7 Primary School sites; and one Not for
Profit Distributing Model (NPDM) contract (Newbattle Community Campus –
NCC).  
Midlothian’s PPP Services team are responsible for the management of
Midlothian’s school PPP contracts. For PPP1, the net cost after funding for
2021/22 was £2.320m and performance deductions of £2,126 were applied.  For
PPP2 the net cost after funding was £2.151m and no performance deductions
were applied. For NCC the net cost after funding was £0.670m and performance
deductions of £8,428 were applied. 
Internal Audit considers that the level of assurance is substantial in terms of the
monitoring undertaken, the adequacy of the helpdesk systems, the application
of the payment mechanism, and the monthly monitoring over the wider aspects
of the Facilities Management.  Assurance over monitoring of lifecycle reporting
is Limited.  Improvements are required over the contract change and variation
process including clarifying the authorisation processes and retaining the audit
trail of the budget holder’s request, formalising the site visit process including
the annual planning of this, the recording of completed helpdesk tasks for PPP2
schools, and creating a PPP Services risk register in line with the Council’s Risk
Management Policy.
Internal Audit made the following recommendations: 
• The process for site visits should be formalised and an annual plan
developed to ensure sufficient site locations are covered over a multi-year
period.  An appropriate pro-forma should be developed to document the
completion of any site visits carried out. (Low)
• Helpdesk guidance issued to school staff should be reviewed and issued for
each contract.  Management should review if remote access could be
granted to the PPP1 helpdesk.  Timescales for completion of tasks detailed
in the helpdesk system should be reviewed with the PPP2 FM provider.
(Low)
0 2 3 Management have
accepted the factual
accuracy of the
report and its
findings, and agreed
to implement the
recommendations.
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2
• The audit trail and evidencing of segregation of duties for PPP Contract
Changes and Variations should be improved.  Clarification on authorisation
thresholds should be sought and these should be documented in a relevant
procedure.  Appropriate evidence of competition/tendering should be sought,
if relevant, for all change request.  Additionally, PPP2 malicious damage
forms should be provided to the Council.  A financial reconciliation of the
lifecycle element of all change requests should be undertaken. (Medium)
• All relevant contractually required lifecycle information should be obtained
and reviewed by PPP Services. (Medium)
• A risk register, in line with the Council’s Risk Management Policy, should be
created for PPP Services. (Low) 
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3 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject: Street Lighting 
Category: Assurance –
Cyclical 
Date issued: 
01 September 2022 Draft 
29 September 2022 Final 
Level of Assurance:
Limited
The purpose of this assurance audit was to review the controls over the installation
of new street lighting and the maintenance of existing street lighting. 
Street lighting assets include columns, billboards, signs and cabinets and these are
recorded on a database (Lighting+) which was developed in-house. The Lighting
Service is responsible for carrying out repairs, undertaking inspections, and day-to-
day operations including overseeing the maintenance of traffic signals which is
externally contracted. The Capital Investment Strategy 2018 highlighted the
continued replacement of old galvanised steel with aluminium columns and
upgrades to LED at the same time. The contracts for delivering the capital works
programme for street lighting (£3.5m) and for traffic signal term maintenance and
installation of new equipment (£2m) have both recently been re-tendered as they
expired in July 2022 and March 2021 respectively. 
Internal Audit considers that the level of assurance is Limited. The Lighting+
database is inaccurate, incomplete and no longer fit for purpose, inspections of
street lighting are not undertaken on a timely basis and there is a 3 year backlog of
scheduled maintenance. Calculation of the Performance Indicators were found to be
inaccurate and incomplete and checks on work undertaken by contractors are not
documented before invoices are approved for payment. Internal Audit made the
following recommendations: 
• An effective lighting inspection programme should be developed and maintained.
This should include night time inspections. (Medium)
• An effective system for recording and maintaining street lighting assets should be
implemented. (Medium)
• When calculating Performance Indicators the following should be implemented:
retain an audit trail of source documentation for reported PIs; create procedure
notes to enable indicators to be produced in the absence of key individuals;
undertake quality assurance checks; and consider benchmarking information
with other council’s to identify areas of improvements. (Medium)
• Policies and procedures require to be reviewed and updated to reflect current
practice and standards for street lighting.  In addition, all policies and procedures
should have adequate version controls. (Low)
0 3 3 Management have
accepted the factual
accuracy of the
report and its
findings, and agreed
to implement the
recommendations. 
Management are
currently reviewing
the market for an IT
application to
maintain assets. 
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4
• Documentation of checks undertaken during site visits should be recorded to
confirm the value of work undertaken by the contractor before payment is made. 
All issues reported to the contractor should be recorded and details of how the
issue was rectified should also be noted. (Low)
• The service risk register requires to be reviewed and updated. (Low)  
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5 
Report Summary of key findings and recommendations Recommendations Status
H M L
Subject: Freedom of
Information  and
Environmental Information
Regulation Requests 
Category: Assurance –
Cyclical 
Date issued: 
7 September 2022 Draft 
27 September 2022 Final 
Level of Assurance: 
Substantial for governance,
system, procedures and
training
Limited for response times,
authorisation and appeals
The purpose of the audit was to review the controls in place to ensure Freedom of
Information (FOI) and Environmental Information Regulation (EIR) requests are
dealt with adequately and in a timely manner.  This included a review of the
implementation of the new customer services platform for the FOI and EIR
module.
The Freedom of Information (Scotland) Act (FOISA) 2002 gives everyone the
right to ask for information held by Scottish Public Authorities. The FOISA is
enforced by the Scottish Information Commissioner (SIC) and responses must be
provided within 20 working days of receipt of the request. The Environmental
Information (Scotland) Regulations (EISA) 2004 give everyone the right to ask for
environmental information held by a Scottish Public Authority (and some other
bodies due to the definition being more broadly defined within the EIRs). EIRs
should be responded to within 20 working days.  
The Council replaced its FOI and EIR system with an off-the-shelf solution in
March 2022.  The implementation of the new system is part of the Council’s wider
Customer Services e-Platform project.  Information requests are made online via
a self-service portal.  A disclosure log has been introduced to enable the public to
search online for previously made information requests and check if their query
has already been answered before making a request.  An audit trail of the
FOI/EIR response is recorded and an authorisation hierarchy is in place within the
system to ensure there is quality control over all FOIs/EIRs before they are
published.  Management have advised that the new system will have improved
reporting functionality, however at the time of reporting this is not yet in place due
to delays from the provider.  It has been advised that this will be introduced within
the next month.  
The Council is currently under Stage 1 Monitoring by the SIC due to the number
of FOIs and EIRs responded to late or not responded to exceeding 20% over the
past two years.  The percentage of FOI and EIRs responded to late or not
responded to in the required timescale was 26.7% for Q1 2022/23 (it was noted
that Health and Social Care did not have any late responses).  The changes
introduced by management and the replacement FOI/EIR system will provide
improved visibility over areas where there are bottlenecks once the reporting tool
is in place. 
0 2 2 Management have
accepted the factual
accuracy of the
report and its
findings, and agreed
to implement the
recommendations.
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Internal Audit considers that the level of assurance is Substantial over: the
governance framework established to respond to FOI and EIR requests; the
systems and procedures in place to receive, allocate and respond to requests;
and the training provided to staff.  Assurance over responding to FOI and EIR
requests in the required timescales is Limited.  Not all FOIs/EIRs were being
submitted for authorisation within the system as per the new FOI/EIR procedures,
processes for FOI/EIR internal reviews require strengthening to ensure there is
sufficient independence over reviews, user guidance over the use of the
disclosure log requires expansion, and some procedures require update. 
Management have advised that they intend to introduce periodic quality
assurance processes but this will require implementation of the reporting
functionality.  
Internal Audit made the following recommendations: 
• Management should continue to review the reasons for late response times
and reporting should be developed and provided to service managers to allow
services to identify bottlenecks in order to improve the response times. 
(Medium)
• The authorisation process for FOIs and EIRs should be reiterated to users to
ensure they are aware of the new requirements.  Monitoring should be
undertaken to ensure requests are appropriately authorised and feedback
provided when requests are not correctly authorised. (Medium)
• The FOISA and EIR guidance should be updated to take into account
changes introduced by the new system, any additional guidance from the SIC,
changes in the Council structure and the membership of the FOI officer
advisory group. (Low)
• Appeal procedures and processes should be enhanced to ensure
independence and fairness over reviews. The use of the disclosure log should
be reviewed to ensure officers follow best practice on whether to disclose the
response. The possibility of introducing system enforced processes for
reviews should be explored. (Low) 
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Audit Committee          
Tuesday 6 December 2022
Item 5.3 
Follow-Up Reviews of Completed Internal Audit Recommendations &
Progress Update 
Elaine Greaves, Principal Internal Auditor 
Report for Decision 
1 Recommendations
The Audit Committee is asked to:
a) Note the results from the sample check of Internal Audit
recommendations that have been marked as completed by
Management in the period April 2021 to March 2022 to improve
internal controls and governance, and mitigate risks;
b) Acknowledge the progress made by Management in implementing
Internal Audit recommendations to improve internal controls and
governance, to mitigate risks, and consider whether it is satisfied with
the progress made by Management;
c) Considers whether it is satisfied with the outcomes or whether any
further action is required; and 
d) Note that Internal Audit will continue to monitor for completion the
outstanding recommendations and will provide update reports to the
Audit Committee. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to provide an update to members of the
Audit Committee on the results of the Internal Audit Follow-up Review
which included a sample check on the adequacy of new internal
controls for Internal Audit Recommendations marked as completed by
Management in the period April 2021 to March 2022. 
This report also provides an update to members of the Audit Committee
on the status of the implementation by Management of audit
recommendations made and agreed in Internal Audit reports. 
Internal Audit is an independent appraisal function established for the
review of the internal control system as a service to Midlothian Council. 
It objectively examines, evaluates and reports on the adequacy of
internal control as a contribution to the proper, economic, efficient and
effective use of resources and the management of risk. 
The Internal Audit activity adds value to the organisation (and its
stakeholders) when it considers strategies, objectives, and risks; strives
to offer ways to enhance governance, risk management and control
processes (by way of making audit recommendations); and objectively
provides relevant assurance. 
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2
The remit of the Audit Committee includes “To consider reports on the
effectiveness of internal controls and monitor the implementation of
agreed actions”, as part of its high level oversight of the Council’s
governance, risk management and control framework. 
Date 9 November 2022 
Report Contact:
Elaine Greaves
Principal Internal Auditor  
elaine.greaves@midlothian.gov.uk
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3 Background 
3.1 Internal Audit is an independent appraisal function established for the
review of the internal control system as a service to Midlothian Council. 
It objectively examines, evaluates and reports on the adequacy of
internal control as a contribution to the proper, economic, efficient and
effective use of resources and the management of risk. 
3.2 The Internal Audit activity adds value to the organisation (and its
stakeholders) when it considers strategies, objectives, and risks; strives
to offer ways to enhance governance, risk management and control
processes (by way of making audit recommendations); and objectively
provides relevant assurance. 
3.3 Management has the responsibility for ensuring that agreed audit
actions are implemented to improve internal controls, risk management
and governance. At Internal Audit final report stage, the audit
recommendations are input to the Pentana Performance system, the
Council’s corporate performance management system. This is designed
to assist with Management tracking of implementation, link with relevant
risks and evidence improvement. 
3.4 Each year, Internal Audit undertakes two follow up reviews on the
recommendations it has raised. The first checks a sample of Internal
Audit recommendations which have been reported as complete and
reviews the adequacy of the actions taken and improvements made.
The second reports on the progress Management have made in
implementing the recommendations by the expected date. This year we
have combined the two follow up reviews into one report. 
3.5 The remit of the Audit Committee includes “To consider reports on the
effectiveness of internal controls and monitor the implementation of
agreed actions”, as part of its high level oversight of the Council’s
governance, risk management and control framework. 
4        Review of Completion of Internal Audit Recommendations 
4.1 The objective of this follow-up audit was to review a sample of Internal
Audit recommendations that have been signed off by Management as
complete during the period 1 April 2021 to 31 March 2022 to assess the
evidence that recommendations have been implemented satisfactorily
and to ensure that the new controls had the desired effect on improving
internal control and governance, and reducing risk. 
4.2 A sample of 40 audit recommendations were selected, which were
shown at the ‘completed’ status on the Pentana Performance system,
relating to the following Internal Audit reports and evidence was
obtained to support the satisfactory completion of each
recommendation sampled. Details are as below: 
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Financial
Year
Internal Audit Report  No. High
Rated
Medium
Rated
Low
Rated
2016/17 Sundry Debt  1  1 
2017/18 Climate Change Reporting 17/18 1  1 
2018/19 Follow-up of Audit Actions 1  1 
2018/19 Revenue Financial Budget
Monitoring
1  1 
2018/19 Sales to Cash 1   1
2019/20 Asset Registers  2  2 
2019/20 Business Planning, Budget Setting
and Monitoring
2  2 
2019/20 Change and Transformation 1 1  
2019/20 Commercial Rents 2  1 1
2019/20 Electronic Payments  1   1
2019/20 Leisure Management system 2  2 
2019/20 Procurement and Management of
Contracts
2  2 
2020/21 Council Tax  2   2
2020/21 Devolved School Management
(DSM)
3  3 
2020/21 Fleet Management  2  2 
2020/21 Property Maintenance 2 1 1 
2020/21 School Expenditure 1  1 
2020/21 Social House Rents 1   1
2021/22 Business Continuity Framework 1 1  
2021/22 Homelessness  5  2 3
2021/22 ICT and Cyber Security 1 1  
2021/22 Income Collection 1   1
2021/22 Invoice Approval 2  1 1
2021/22 Roads Maintenance  1  1 
2021/22 Scottish Welfare Fund (SWF) 1   1 
Total 40 4 24 12 
4.3 From the 40 recommendations tested, 36 (90%) were found to have
been completed satisfactorily, 3 (7.5%) were identified as partially
satisfactory requiring further work, and 1 (2.5%) was not satisfactory. 
4.4 For the 36 Audit recommendations that were found to have been
completed satisfactorily the evidence that was provided by
Management indicated that they have been implemented satisfactorily
and the action taken had the desired effect on improving internal control
and governance and reducing risk. 
4.5 Of the 3 audit actions identified as partially satisfactory requiring further
work: 1 was Low-rated and related to addressing Property Investment
Accounts (PIA) with high credit balances; and 2 were Medium-rated and
related to fully updating the DSM scheme once the Early Years and
ASN reviews are complete; and reviewing and updating asset registers
in terms of IT locations. The 3 Audit recommendations identified as
partially satisfactory requiring further work are shown below: 
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5
Audit Recommendation Rating
2019/20 –
Asset Registers 
Digital Services asset registers needs to be reviewed
and updated. Medium
2019/20 -
Commercial
Rents 
Monitoring and review of the PIA control accounts
should be carried out to ensure accuracy with the
support from Financial Services, and the two large credit
and one large debit balances should be addressed.
Low
2020/21-
Devolved
School
Management
(DSM)
The new DSM scheme currently being developed should
redress inequalities inherent in the application of the
current DSM scheme and ensure that allocations
consistently and reliably reflect school contexts and the
growth across Midlothian.
Medium 
4.6 1 audit action was identified as not satisfactory which was Low-rated
and related to undertaking a sample check on the VAT treatment for
income collected via the ICON receipting system as detailed below: 
Audit Recommendation Rating
2018/19 –
Sales to Cash 
A sample check should be undertaken on the VAT
treatment for the income collected via the ICON
receipting system.
Low 
4.7 Discussions have been held between Internal Audit and the action
owners to highlight what is required to ensure the remaining elements
of the audit actions are fully completed or a sustained control is
established. The 4 audit actions have been re-opened on the Pentana
Performance system to enable the action to be completed by the new
agreed action date with evidence of the improvement action
undertaken. 
5       Progress Update 
5.1  The objective of the second review is to assess Management’s reported
performance in closing actions raised by Internal Audit by the agreed
due date. It is Management’s responsibility to design and maintain
adequate risk management, governance and internal control processes
and checking that the arrangements and controls are operating
effectively which are also known as the first and second lines. The
quarterly performance monitoring process provides an opportunity for
Management to have a discussion on all of the open audit actions,
including those that are overdue, the reasons why they were not
completed by the original due date, risk mitigations in place in the
interim and requests to Internal Audit for extensions to due dates. 
5.2    An Internal Audit action report was generated from the Pentana
Performance system on 7 November 2022 which reflected the Quarter
2 updates 2022/23. The 76 audit actions (including sub actions) that are
in progress can be summarised as follows:   
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6
Financial Year High Medium Low Total
2018/19 2 1 1 4
2019/20 1 2 5 8
2020/21 2 8 5 15
2021/22 5 22 22 49
Total 10 33 33 76 
5.3 The table demonstrates that there are 10 High-rated, 33 Medium-rated
and 33 Low-rated audit actions in progress. There have been occasions
when it is necessary to grant extra time to complete audit actions or
update the wording of audit actions to reflect current practice. Managers
have requested extensions to due dates for some audit actions which
have been agreed with Internal Audit, based on further work required to
implement these audit actions in full.   
5.4     The progress on implementation of Internal Audit recommendations has
been discussed with the Corporate Management Team on 23
November 2022. 
5.5      A further update on progress with the implementation of Internal Audit
recommendations will be included within the Internal Audit Annual
Assurance Report 2022/23 for Midlothian Council which is scheduled
for presentation to the Audit Committee in May 2023. 
6 Report Implications (Resource, Digital, Risk and Equalities) 
6.1 Resource 
Resource implications of implementing Internal Audit recommendations
are considered as part of the audit process to ensure these are
reasonable and proportionate to the risks. 
6.2 Digital 
There are no digital implications arising from this report. 
6.3 Risk 
The recommendations made by Internal Audit are designed to reduce
the level of risk to which the Council is exposed through the
strengthening of the control environment and management of risks. 
It is anticipated that improvements in the management and mitigation of
risks will arise as a direct result of Management implementing the
Internal Audit recommendations made. If audit recommendations are
not implemented, there is a greater risk of financial loss and/or reduced
operational efficiency and effectiveness, and Management may not be
able to demonstrate improvement in internal control and governance
arrangements, and effective management of risks. 
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6.4 Ensuring Equalities 
This report does not relate to a new or revised policy, service or budget
change, which affects people (the public or staff), so an Integrated
Impact Assessment (IIA) is not an applicable consideration. 
The Internal Audit work is carried out in accordance with the appropriate
legislation and professional standards. The latter includes compliance
by those within the Internal Audit function with the Code of Ethics set
out in the PSIAS which is appropriate for the profession of Internal Audit
founded as it is on trust placed in its independent and objective
assurance about risk management, internal control and governance. 
6.5 Additional Report Implications (See Appendix A)
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within
the Single Midlothian Plan to which Midlothian Council and its
Community Planning Partners have made a commitment (Reducing the
gap in economic circumstances; Reducing the gap in learning
outcomes; Reducing the gap in health outcomes; and Reducing the
impact of climate change), good governance is important to enable
Midlothian Council to deliver its key priorities in support of achieving the
Council’s objectives. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
The Council is committed to creating a great place to grow supported by
the 9 drivers for change. Implementing the 9 drivers for change in
practice is applicable to the Council’s Internal Audit service provision to
assist the Council in achieving its objectives. 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
The definition of Internal Auditing within the Public Sector Internal Audit
Standards (PSIAS) is “Internal auditing is an independent, objective
assurance and consulting activity designed to add value and improve
an organisation’s operations. It helps an organisation accomplish its
objectives by bringing a systematic, disciplined approach to evaluate
and improve the effectiveness of risk management, control and
governance processes.” 
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Implementation by Management of the actions associated with Internal
Audit recommendations, that are designed to improve internal control
and governance arrangements and management of risks, underpins the
Council’s own continuous improvement arrangements to enhance its
effectiveness, thus supporting the delivery of the Council’s best value
duties. 
A.5 Involving Communities and Other Stakeholders 
The Chief Internal Auditor is accountable to the Audit Committee which,
in fulfilling its governance role, acts as a bridge between the Council
and other stakeholders. This report is presented to the Audit Committee
to fulfil its remit “monitor the implementation of agreed actions”, as part
of its high level oversight of the Council’s governance, risk management
and control framework. 
This report has been presented to the Corporate Management Team to
outline the key messages of assurance and areas of improvement. The
implementation of Audit recommendations will continue to be tracked by
Management using the Pentana Performance system and followed-up
by Internal Audit. Any further matters of concern will be raised to CMT
and the Audit Committee as appropriate. 
A.6 Impact on Performance and Outcomes 
The Findings and Recommendations from Internal Audit work during
the year are designed to assist the Council in improving its performance
and outcomes. 
A.7 Adopting a Preventative Approach 
Internal Audit assurance work includes assessments on when a
preventative approach can be adopted. 
A.8 Supporting Sustainable Development 
This report does not relate directly to supporting sustainable
development. Good governance is important to enable Midlothian
Council to achieve its objectives. 
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Audit Committee
Tuesday 6 December 2022
Item 5.4 
Risk Management Update – Strategic Risk Profile Quarter 2 2022/23 
Report by Derek Oliver, Chief Officer Place 
Report for Information 
1 Recommendations 
Audit Committee is recommended to:
• Note the current risk landscape and organisational response to
the most significant risks in Quarter 2 (Q1) 2022/23 (1 July to 30
30 September 2022) 
2 Purpose of Report/Executive Summary 
The purpose of this report is to provide Audit Committee with:
• An update on the risk responses Midlothian Council has
implemented during Q2 2022/23 to respond to the current risk
climate
• Assurance that Midlothian Council took a proportionate and
planned approach to prepare and respond to the current risk
climate
• The risk evaluation of current risks
• Strategic opportunities for the Council 
6 December 2022 
Report Contact:
Derek Oliver, Chief Officer Place
Derek.Oliver@midlothian.gov.uk 
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2 
3 Q2 risk management overview 
3.1 Midlothian Council has delivered a wide range of services to the people
of Midlothian throughout Quarter 2 2022/23 (1 July to 30 September
2022) whilst operating within challenging circumstances as the county
recovers from a global pandemic. 
3.2 The Council continues to manage and review risks recorded within the
Strategic Risk Profile. The work required to maintain the necessary
corporate oversight over the broader strategic landscape continues
through the Risk and Resilience Chief Officer’s group and Corporate
Management Team (CMT). 
3.3 Changes this quarter include the introduction of a new risk – Cost of
Living Crisis – and an increase in the risk of Growing Council from
Medium in Q1 22/23 to High in Q2 22/223. This is in recognition of the
current and ongoing financial challenge that the Council faces
alongside the pressures of a growing council. 
Cost of Living Crisis 
3.4 The Council agreed to establish a Cost of Living Crisis Task Force at
its meeting on 28 June 2022. The UK is currently facing an
unprecedented storm of increasing prices, bills and tax. The 40 year
high inflation rate of 9% is the main driver of the cost of living crisis
which has outstripped wage and benefit increases. 
3.5 One key aspect of the ‘cost of living crisis’ is the rapid rise in energy
costs. In the year to April 2022, domestic gas prices increased by 95%
and electricity prices by 54%. Furthermore, on 1 April 2022 the new
price cap came into force, leading to default tariffs increasing from
£1,277 to up to £1,971 per year. Prepayment customers have seen an
increase of £708 from £1,309 to up to £2,017. 
3.6 Increases in food and drink prices are also exacerbating the ‘cost of
living crisis’. Food and non-alcoholic drink prices were 6.7% higher in
the year to April 2022, which is up from 5.9% in March and the highest
rate of increase since June 2011. Several factors have led to food and
drink price rises including supply chain challenges, rising wholesale
costs and labour shortages. The Russian invasion of Ukraine has also
affected food prices on international markets. 
3.7 The impact on households is already being noted with 87% of adults in
the UK reported an increase in their cost of living in April 2022 (Office
for National Statistics; Francis-Devine et al, 2022). The price rises will
impact low-income households the hardest as a larger proportion of
their bills are on energy and food. The Resolution Foundation
estimates an extra 1.3 million people will fall into absolute poverty in
2023, including 500,000 children. 
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3
3.8 The Cost of Living Crisis Task Force is chaired by the Council Leader
and its membership includes cross party representation, the Council’s
Corporate Management Team, Group Manager Communities, Lifelong
Learning and Employability and Director of Public Health. Since its
establishment a number of mitigating actions have been implemented
including:
• allocation of LACER funding to support those most vulnerable
• identification of 15 ‘trusted partners’ to distribute funding in
communities to those most affected by the crisis to support food,
fuel, wash and dry costs and establish re-heatable food
initiatives
• appointment of a strategic evaluation partner to create a poverty
profile
• Midlothian Strategic Poverty Prevention Group established by
the Community Planning Partnership
• Child Poverty self-evaluation underway with the Improvement
Service
• appointment of a new Child Poverty chair and lead 
3.9 The current risk assessment is Medium for Q2 22/23. 
Strategic Risk Profile Summary
3.10 The SRP is split into three sections:
• Strategic issues
• Strategic risks
• Opportunities 
STRATEGIC ISSUES - SUMMARY 
Strategic issues Likelihood Impact Score Evaluation Q1 Q4 21/22
COVID 19 4 4 16 High  Critical
The Change Programme 5 5 25 Critical  Critical
Financial Stability 5 5 25 Critical  Critical 
COVID-19
3.11 The risk evaluation was reduced from Critical to High in Q1 22/23 and
remains as high for Q2 22/23. The Council continues to monitor and
risk assess as appropriate. Whilst the rate of infection and case
numbers are decreasing overall across the country, services continue
to see the impact of COVID related absences with positive cases and
isolation, which impacts on service delivery. In July 2022 the Council’s
recording of COVID related absence also changed to be included as
part of normal sickness absence.   
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The Change Programme 
3.12 The Change Programme remains at Critical having been increased to
this evaluation in Q4 21/22. The financial challenges of the underlying
budget gap pose a significant challenge for benefits realisation. Council
agreed to a solution to balance the 2022/23 budget, however the
increased costs associated with delivering change and transformation
require longer term financial solutions. Work is ongoing to develop the
next Medium Term Financial Strategy and 5 year Strategic Plan which
will inform the future direction of the programme. 
Financial Sustainability
3.13 Scottish Government grant settlements fall short of the resources
needed to sustain core services. This core funding shortfall, combined
with inflation pressures, pay awards and demographic pressures
arising from a continued increasing ageing population of over 75’s,
increasing population of 0-15 age group and at a time when there are
rising customer expectations poses a significant challenge for the
Council. 
3.14 The scale of the financial challenge continues to be reported to
Business Transformation Steering Group and Council (with the most
recent financial position on 15 November 2022). Discussions on
proposals to inform the Medium Term Financial Strategy are ongoing.
Balancing the budget for future years will require cross party support
and agreement to identify sustainable solutions. Due to the current
uncertainty and lack of a revised Medium Term Financial Strategy this
issue remains Critical. 
STRATEGIC RISKS – SUMMARY 
Strategic Risks Likelihood Impact Score Evaluation Q2 Q1 22/21
Climate change 5 5 25 Critical Critical
Financial Sustainability in
future years
5 5 25 Critical Critical
The Long Term Change
Programme
5 5 25 Critical Critical
Early Years Expansion
(1140 Hours)
4 5 20 High . High
Scottish Child Abuse
Inquiry
4 4 16 High High
UK decision to leave the
EU
4 5 20 High High
Growing Council 4 4 16 High Medium
Cost of Living Crisis* 3 5 15 Medium N/A –
new risk
for Q2
National Care Service  3 5 15 Medium Medium
Asset Management 3 5 15 Medium Medium
Cyber Security 3 5 15 Medium Medium
Health and Safety 3 5 15 Medium Medium
Care at Home 3 4 12 Medium Medium
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5
Governance and standards 3 4 12 Medium  Medium
Employee performance 3 4 12 Medium  Medium
Emergency planning and
business continuity
3 4 12 Medium  Medium
Legal and Regulatory
compliance
3 3 9 Medium  Medium
Internal control
environment
3 3 9 Medium  Medium
Corporate policies and
strategies
2 3 6 Low  Low
*New risk for Q2 
STRATEGIC RISKS – RATED CRITICAL/HIGH 
Climate Change 
3.15 The Council developed a Climate Change Action Plan as part of its
Climate Change Strategy approved by Council in August 2020, as well
as making the commitment to achieve Carbon Neutral by 2030. 
3.16 The Carbon Neutral by 2030 strategic board is developing the overall
cross Council response to the Council’s statutory requirements. There
are a range of projects underway which will contribute to the overall
ambition but development of the programme and these projects is
identifying that there is a significant financial investment that is required
to be made to retrofit buildings, fleet replacement and change working
practices. 
3.17 The current financial resource and staffing capacity across the Council
is insufficient and poses a critical risk to delivery. This is also impacted
by the financial sustainability challenge that is articulated in this report. 
3.18 A review of the current Climate Change Strategy and Action Plan is
being undertaken and an update will be provided to Council in Q3/Q4
2022/23. The risk evaluation continues to remain Critical in Q2. 
Early Years Expansion (1140 hours)
3.19 Following the Scottish Government’s decision to increase the number
of free early learning and childcare hours to 1140, the Council has
continued to plan with its partners. The two key strands to the
successful implementation are the recruitment and training of staff and
the physical increase in estate capacity. These challenges are being
considered in the wider context of the plan, in which the capacity and
expansion of all funded providers (council, private and voluntary
settings as well as childminders) combine to deliver the requirements. 
3.20 This risk evaluation continues to remain High. 
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6 
Scottish Child Abuse Inquiry (SCAI)
3.21 The SCAI risk remains High. The inquiry is currently taking evidence in
relation to Section 21 submissions re foster care. To date Midlothian
Council have not been called to give evidence. File reading continues. 
UK decision to leave the EU
3.22 The last two quarters have demonstrated that the rate of inflation is
impacting on the cost of living crisis for Midlothian residents and posing
significant risk to a number of Council Capital Programme work
streams. This was reported to the Business Transformation Steering
Group (BTSG) in Q1 and also through progress reports on
programmes to Council i.e. the delivery of the A701 and increased
school build costs. The current Capital Programme is subject to a
reprioritisation review and will be reported to Council in Q3/Q4 22/23.
3.23 A report was commissioned on the economic impacts of EU Exit and
report with its findings and recommendations was presented to BTSG
in Q2 and Council in Q3 for adoption. The findings will also inform the
refresh of the Economic Strategy. This risk evaluation remains High. 
Growing Council
3.24 In Q2 22/23 this risk has increased from Medium to High. This is in
response to the current financial challenge as described above and the
increased pressure the Council faces with growth. Some current
examples of this include:
• Inflationary impact on the delivery of the capital programme
• Cost of living crisis and rent freeze response that could risk the
delivery of the house building programme
• Pressure on the care sector as people are living longer and
require more care provision
• General population growth places additional demand on
infrastructure such as GPs, schools, waste services etc.
3.25 Work is ongoing to review the Learning Estate Strategy and a
reprioritisation of the Capital Programme.  
STRATEGIC OPPORTUNITIES 
Shawfair
3.29 The Shawfair development, with its new Rail link provides a major
incentive for house builders, employers, retail and commercial interests
including opportunities to secure a low carbon community through
district heating from Zero Waste. The Energy Services Agreement with
Shawfair LLP has now been signed and work progresses to deliver the
Energy Centre.   
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Easter Bush
3.30 Fast growing opportunities in Science, Technology, Engineering and
Mathematics (STEM) with opportunities to link with education.
Partnership links to schools and university sector at the 'Bush' to
promote STEM. The rate of inflation is impacting on the costs of the
A701 improvements which will was reported to Council at the end of
June 2022. An funding application has been submitted to the UK
Government’s Levelling Up fund to close the funding gap, with the
results to be announced in Q3 2022/23. 
City Deal
3.31 Edinburgh and South East Scotland City Region Deal - bid for funding
to Scottish and UK Governments to accelerate economic growth
through investment in infrastructure/ housing/ skills and innovation was
agreed by Council in June 2018.  Projects continue to be progressed
with realisation of regional enhancements and connectivity. In 2021,
the chairing of the City Deal programme was formally handed over from
Fife Council to Midlothian Council for the 2022 calendar year. 
Creating a world class education system
3.32 The Centres of Excellence model is a core part of the Council's
strategy to create a world-class education system in Midlothian. 
Funding has been approved by Scottish government to create a STEM
centre of excellence as a replacement for Beeslack High school.
Research is being carried with the University of Edinburgh to establish
the impact of new school buildings on educational attainment. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
There are no direct resource implications indicated in this report,
although, individual risks have associated resource implications. 
4.2 Digital 
None 
4.3 Risk 
The risks reported in this report are understood with the Council able to
demonstrate the current risk controls and actions being taken in
response to these.
The report provides an overview of the significant risks faced by the
Council during Quarter 2 2022/23 and should act to provide assurance
that Midlothian Council took a proportionate and planned approach to
prepare and respond to each of these risks. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
There are no direct equalities issues arising from this report. 
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8
4.4 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Strategic Risk Profile (Quarter 2 2022/23) 
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9
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
This report provides an overview of the Strategic Risk Profile of
Midlothian Council at a defined point in time. The issues, risks and
opportunities affecting or supporting delivery of the council priorities are
set out within the Strategic Risk Profile. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working 
Hub and Spoke 
Modern 
Sustainable 
Transformational 
Preventative 
Asset-based 
Continuous Improvement 
One size fits one 
None of the above 
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you 
Preventative and Sustainable 
Efficient and Modern 
Innovative and Ambitious 
None of the above 
A.4 Delivering Best Value 
The Council’s commitment to best value and securing continuous
improvement can best be delivered when decisions are made against a
backdrop of understanding the risks and opportunities before an
organisation. This report seeks to provide assurance that the current
risk environment is understood and that Midlothian Council is taking
appropriate action in response to those identified risks. 
A.5 Involving Communities and Other Stakeholders 
This Strategic Risk Profile report has been compiled with input from a
range of internal key stakeholders. 
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10
A.6 Impact on Performance and Outcomes 
This report seeks to provide an overview of the challenging risk
environment within which the Council is operating at this time. Being in
a risk aware position helps to inform current and future decision
making, with the intention of enhancing decision making and the
associated performance and outcomes which flow from well informed
decision making. 
A.7 Adopting a Preventative Approach 
The Risk Management approach being taken by the Council is founded
on a preventative approach to managing risks, where appropriate and
more generally to decision making with far greater risk awareness. 
A.8 Supporting Sustainable Development 
Senior Managers must ensure the sustainability of the Council, which
entails identifying, understanding and managing Strategic and Service
level risks and opportunities.
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1
Strategic Risk Profile 
Strategic Issues 
SRP.IR.10 COVID 19 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.10
Risk cause: COVID 19 Virus 
Risk event: Virus evident in all communities with rates of
positive infection increasing. In a Sottish setting the focus
on increase is within the central belt. 
Risk effect: Potential for widespread impacts with the risk
of significant levels of community transmission leading to
increased government restrictions aimed at reducing
community transmission. 
Delivery of services making use of remote working
solutions as far as possible. National lockdown measures
to limit and control spread, impact on income generating
services. 
Rapid pace of guidance change following government
announcements and expectation of quick changes to
service delivery in line with new controls.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place,
Chief Officer
Place, Chief
Officer Corporate
Solutions
1. CIMT established to take the strategic approach to managing the
response to COVID 19 and stands ready to be re-initiated at any time. 
2.  Hybrid working has been adopted by the Council as well as a
dedicated Hybrid Working Board as part of the Transformation
Programme
3. COVID-19 guidance monitored and continually revised, with
particular focus on Adult Services, Children’s Services, Education and
Communities and Lifelong Learning around how they would continue to
maintain contact with children and young people who were deemed to
be at risk. 
4. Keeping employees briefed and supported through the Chief
Executive’s weekly staff briefings; Communications weekly email and
routine HR updates. (e-mailed to all employees through combination of
work and personal e-mail addresses). Includes Wellbeing advice,
guidance and support and signposting to PAM and EAP providers. 
5. Promotion of digital tools to support employees and prevent
employees becoming isolated. 
6. Council website kept up-to date, providing details of which services
were operating and any changes on how to access services. 
7. A range of interventions, including digital equipment and tools such
as MS Teams put in place to support remote and hybrid working 
8. Following safe working guidance issued by Scottish Government
relevant to sectors. 
9. Economic Recovery Strategy 
10. School and workplace based COVID risk assessments continually
reviewed to support the identification and control of risk (and personal
risk assessments where required) 
4 4 
Appendix B
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2
Related
Action Code Related Action Related action latest note Managed By Due Date Status
CODE TBC Hybrid Working Project
Q2 22/23: 
Hybrid Working project is a key project contributing to the Council’s transformation
programme. Project Board regularly reports to Business Transformation Board and
Business Transformation Steering Group. Key activity in Q2 was the issue of the hybrid
working staff survey. 
Executive Director
Place March 2023 
SRP.IR.02 The Change Programme 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.02
Risk cause
The pace of transformation strands of activity, reporting to
the Business Transformation Board, does not secure
service transformation, delivery of outcomes or benefit
realisation. 
Risk event
Delayed progress or non-achievement of outcomes and
benefits. 
Risk effect 
Slow or delayed financial benefits arising from service
redesign, requiring the adoption of recovery plans or
requiring short term service reductions which impact on the
Council’s ability to deliver against its priorities.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Corporate
Solutions,
Chief Finance
Officer
1. Strategic Boards established reporting to the Business
Transformation Board covering the full range of transformation strands:
Capital Strategy; Carbon Neutral by 2030; Digital First; Economic
Renewal; Education Recovery; HSCP Transformation; Hub & Spoke
Place Based Solutions; Remote Working. 
2. Report to Council on 23 August 2022 sets out scale of financial
challenge ahead with recurring expenditure for current service delivery
projected to exceed recurring income.  
3. Cross Party Business Transformation Steering Group engaged in
consideration of measures to secure balanced budgets alongside the
development of  a 5 year Strategic Plan to support decisions about
what services, beyond those which are statutory can be provided  
4. Financial monitoring reports and work of the Financial Management
Corporate Management Team evidence continued financial
sustainability, in so far as services are delivered within the overall
budget in year. 
5 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SPR.RA-
02.08 Strategic Plan 2022 to 2027
Q2 22/23: 
Development of Strategic Plan and MTFS for next term of Council being progressed to
support decisions about what services, beyond those which are statutory can be provided.
This facilitates setting of the 2023/24 budget in February 2023
Executive
Directors  February 2023 
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q1 22/23: 
2022/23 budget approved on 15 February 2022 together with Council Tax increase.
Balancing the 2022/23 budget was predicated on the use of circa £12m of non-recurring
funding. MTFS for 2023/24 to 2027/28 will support decisions on 2023/24 budget in
February 2023.
Executive
Directors, Chief
Finance Officer 
February 2023 
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3 
Q2 22/23:
An ongoing assessment of the projected gap for 2023/24 through to 2027/28 has been
presented to BTSG alongside a series of officer savings proposals to bring recurring
expenditure back in line with recurring income. 
SRP.IR.07 Financial Sustainability 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.IR.07
Risk cause
Scottish Government Grant settlements fall short of the
resources needed to sustain core services. Core funding
falling short of inflation pressures, pay awards and
demographic pressures arising from an Increasing ageing
population of over 75’s 
Increasing population of 0-15 age group and at a time
when there are rising customer expectations. 
Risk event
Transformation activity and the flexibility available to
Councils as part of the grant settlement does not address
future years projected budget gaps 
Risk effect 
Inadequate government funding makes securing balanced
budgets challenging. It turn erodes the Council’s ability to
deliver services to the community and potentially means
that resources available fall short of those the Council
assess as required to meet its statutory obligations. Whilst
transformation activity can help reshape services and
ensure best value in the delivery of services it is not a
solution to continued erosion of core funding.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Corporate
Solutions, Chief
Finance Officer
1. There is an approved Capital Strategy and Reserve Strategy in
place 
2. There is an approved budget for 2022/23. Services are being
delivered within the totality of that budget and the 2022/23 budget has
been approved albeit with heavy reliance on one off funding. 
3. There are effective arrangements in place to monitor financial
performance including quarterly reporting to Council with draft reports
considered at a dedicated CMT session each quarter to bring greater
focus. 
4. Directorates have budget boards in place to monitor and agree
actions for those items which are identified as needing specific
attention or present a risk to the financial position of services. 
5. Strategic Boards in place and BTB focus and attention on driving
transformation to support future years financial sustainability 
6. Working through COSLA to influence government spending
decisions to influence Scottish Government’s budget allocation to
Councils. 
7. Capital Plan and Asset Management Board will scrutinise and
challenge slippage on capital programmes recognising that slippage
can have an adverse impact on financial sustainability and also the
delivery on assets required to support capital growth. 
8. Chief Executive continues to emphasise the need for effective
financial control and underlined the benefit to the organisation of such
an approach. Enhanced monitoring arrangements have been put in
place for the Place Directorate. 
8. Scottish Governments May 2022 Resource Spending Review
5 5 
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4
provided planning parameters for term of parliament, albeit these are
challenging and present a real terms reduction in grant funding of circa
7% over the period   
9.Report to Council 23 August 2022 sets out scale of financial
challenge ahead with recurring expenditure for current service delivery
projected to exceed recurring income.  
10.“Mini Budgets” progressed in 2020/21 and in 2021/22 that removed
non-deliverable legacy savings targets given focus on response to and
recovery from pandemic. 
11. Cross Party Business Transformation Steering Group engaged in
consideration of measures to secure balanced budgets alongside the
development of  a 5 year Strategic Plan to support decisions about
what services, beyond those which are statutory can be provided   
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SPR.RA-
02.09 Strategic Plan 2022 to 2027
Q2 22/23: 
Development of Strategic Plan and MTFS for next term of Council being progressed to
support decisions about what services, beyond those which are statutory can be provided.
This facilitates setting of the 2023/24 budget in February 2023
Executive
Directors  February 2023 
SRP.RA.02.0
3
Develop medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q1 22/23: 
2022/23 budget approved on 15 February 2022 together with Council Tax increase.
Balancing the 2022/23 budget was predicated on the use of circa £12m of non-recurring
funding. MTFS for 2023/24 to 2027/28 will support decisions on 2023/24 budget in
February 2023. 
Q2 22/23:
An ongoing assessment of the projected gap for 2023/24 through to 2027/28 has been
presented to BTSG alongside a series of officer savings proposals to bring recurring
expenditure back in line with recurring income. 
Executive
Directors, Chief
Finance Officer 
February 2023 
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5
Emerging risks (new) 
NEW RISK CODE TO BE ENTERED: Cost of Living Crisis 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
RISK CODE
TO BE
ALLOCATED
Risk cause
The UK is currently facing an unprecedented storm of
increasing prices, bills and tax. The 40 year high inflation
rate of 9% is the main driver of the cost of living crisis
which has outstripped wage and benefit increases.
Risk event
Rapid ongoing rise of energy prices (gas, electricity and
fuel) as well as food and drink prices.
Risk effect 
The impact on households is already being noted with 87%
of adults in the UK reported an increase in their cost of
living in April 2022 (Office for National Statistics; Francis-
Devine et al, 2022). The price rises will impact low-income
households the hardest as a larger proportion of their bills
are on energy and food. The Resolution Foundation
estimates an extra 1.3 million people will fall into absolute
poverty in 2023, including 500,000 children.
Chief Executive;
All Directors
1. Council Cost of Living Task Force to oversee the Council’s
response to the crisis
2. Allocation of LACER funding to support those most affected 
3. Strategic Evaluation Partner appointed to create poverty profile 
4. Community Planning Partnership has established a Midlothian
Strategic Poverty Prevention Group co-chaired by Council Leader
and Director of Public Health
5. New Child Poverty chair and lead appointed (Executive Director
Children, Young People and Partnerships)
6. Child Poverty self-evaluation underway with Improvement Service
3 5
Related
Action Code Related Action Related action latest note Managed By Due Date Status
Action code
to be
allocated
Cost of Living Task Force
Q2 22/23: The Council agreed to establish a Cost of Living Crisis Task Force
at its meeting on 28 June 2022 and is now meeting fortnightly. Membership is
drawn across CMT, cross party member representation and NHS.
Chief Executive June 2022
Action code
to be
allocated
LACER funding
Q2 22/23: Identification of 15 trusted partners to distribute funding in
communities for food and fuel, wash and dry provision and support to establish
reheatable food initiatives. 
Group Manager
Communities;
Lifelong
Learning and
Employability
June 2022
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6 
Current risks (existing) 
SRP.IR.11 National Care Service 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
RISK CODE
TO BE
ALLOCATED 
Risk cause
In August 2022 the Scottish Government launched a 12
week consultation on the way in which social care is
delivered in Scotland. The consultation followed
recommendations made in the Independent Review of
Adult Social care. The independent analysis of responses
was published in February 2022. On 20 June 2022 the
Scottish Parliament published the National Care Service
(NCS) Bill which will provide the foundation for the NCS. 
Risk event
A Bill passes through various Parliamentary stages. The
Bill is currently in Stage 1 of the process. The most
significant part of the legislation which poses the most risk
is the intention to transfer social care responsibility from
local authorities to a new, national service. 
Risk effect 
The details of the logistics of any transfer are not yet
provided within the Bill. It is not clear the extent to which
powers will be removed from local authorities or what the
provision or delivery of services will or will not be. 
At this stage, the risk effect is anticipated to be significant
financial impact to local authorities and IJBs, as well as the
potential for impacts on staffing, transfer of property and
facilities and the reshaping of the delivery of care. 
It should be noted that the initial impact on the Council is
staff time to contribute to the ongoing discussions and
understanding of the impact of the Bill. 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place
7. The Bill is under consultation and it is anticipated that additional
information will be released by April 2023.
8. Officer Working Group established to engage with the NCS
Design School and to continue the existing work with COSLA,
SOLACE, SOLAR and other relevant bodies 
9. Ongoing briefings with elected members 
10. Continued dialogue and engagement with Scottish Government
and IJB/H&SCP/Children’s Services
3 5 
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7              
Related
Action Code Related Action Related action latest note Managed By Due Date Status
Action code
to be
allocated
Elected member briefing sessions to be organised 
Q1 22/23:
Scheduled for Q2 in diaries 
Q2 22/23:
Briefing took place on 15 August 2022
Legal &
Governance August 2022 
SRP.RR.01 Financial Sustainability in future years 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.01
Risk cause:
Scottish Government Grant settlements fall short of the
resources needed to sustain core services. Core funding
falling short of inflation pressures, pay awards and
demographic pressures arising from an Increasing ageing
population of over 75’s 
Increasing population of 0-15 age group and at a time
when there are rising customer expectations 
Policy decisions by UK & Scottish Governments which are
not fully funded. 
Changes to the responsibilities of Local Government and
the funding implication that arise from that, particularly in
respect of the creation of a National Care Service. 
Future year pay award settlements. 
Risk event: 
Real terms reduction in core grant settlements. 
Policies decisions at Government level not fully funded to
Council's. 
Implementation of a National Care Service and impact on
grant settlements 
Securing the extent of change required in order to deliver
financial sustainability and a change program that
recognises the size of the challenge. 
Cost pressures exceeding budget estimates. 
Uncertainty around service delivery models and income
streams and prospects for public finances associated with
COVID impact and recovery. 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Corporate
Solutions
1. Development of Strategic plan and MTFS for term of new Council. 
2. Maintaining a level of reserves to deal with unforeseen or one off
cost pressures. 
3. Capital and Reserves Strategies in place. 
4. Working through COSLA to influence government spending
decisions to influence Scottish Government’s budget allocation to
Councils. 
5. Implement a lobbying strategy with government to recognise the
unique position Midlothian Council is in. 
6. Best Value Audit report actions. 
7. Strategic Boards in place to drive transformation in line with the
Route Map through and out of the Pandemic 
budget approved for 22/23 albeit with reliance on one off funding
sources  
8. Dedicating capacity to understand impact of NCS Bill, but limited
details mean this is challenging and many unanswered questions (refer
to specific  risk on NCS for further detail)  
5 5 
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8
Risk effect: 
Gap in Council budget between budget commitments /
pressures and funding level and inadequate options
presented to address this, resulting in a structural deficit.
The pace of growth coupled with the shortfall in grant
settlements adds pressure to Council budgets which will be
unable to deliver capital and revenue work programmes. 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q1 22/23: 
2022/23 Budget approved on 15 February 2022 together with Council Tax increase.
Balancing the 2022/23 budget was predicated on the use of circa £12m of non-recurring
funding. MTFS for 2023/24 to 2027/28 will support decisions on 2023/24 budget in
February 2023. 
Q2 22/23
An ongoing assessment of the projected gap for 2023/24 through to 2027/28 has been
presented to BTSG alongside a series of officer savings proposals to bring recurring
expenditure back in line with recurring income. 
Executive
Directors, Chief
Finance Officer 
February 2023 
SRP.RA.02.0
4 Strategic Plan 2022 to 2027
Q2 22/23: 
Development of Strategic Plan and MTFS for next term of Council being progressed to
support decisions about what services, beyond those which are statutory can be provided.
This facilitates setting of the 2023/24 budget in February 2023
Executive
Directors February 2023 
SRP.RR.02 The Long Term Change Programme 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.02
Risk cause
A MTFS that doesn't address the projected budget shortfall
or contextual factors relating to the Midlothian area 
Reduced resources 
Leadership fit for the future 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
1. Development of Strategic plan and MTFS for term of new Council
and service options which identify what can /cannot be delivered
within the resources available. 
2. Leadership from all Elected Members, Executive Team and Senior
Leadership Group. 
5 5 
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9
Lack of clarity or clear compelling vision for the future 
Delay or shortfall in securing savings 
Lack of or not securing transformational change in service
provision 
Risk event
Delayed progress in applying various strands of the
Change Programme including Delivering Excellence
Framework 
Slow benefits realisation and budget savings 
Cuts in service provision rather than service transformation 
Risk effect
Objectives of change not actually met 
Adverse impact on services 
Slow or delayed proposals/savings arising from service
redesign. Potentially further eroding reserves or requiring
short term service reductions which impact on Council's
ability to deliver against its priorities. Staff morale
negatively affected, Government step-in short term savings
instead of transformation  
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Corporate
Solutions
3. Appropriate governance in place across the BTB Strategic Boards 
4. Resilience planning. 
5. Capacity to deliver change.  
6. Dedicating capacity to understand impact of NCS Bill, but limited
details mean this is challenging and many unanswered questions (refer
to new risk on NCS for further detail)                  
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SPR.IA.02.06 Strategic Plan 2022 - 2027
Q2 22/23: 
Development of Strategic Plan and MTFS for next term of Council being progressed to
support decisions about what services, beyond those which are statutory can be provided.
This facilitates setting of the 2023/24 budget in February 2023
Executive
Directors February 2023 
SRP.RA.02.0
3
Develop Medium Term Financial Strategy with greater
oversight, clearer responsibility and accountability.
Q1 22/23: 
2022/23 Budget approved on 15 February 2022 together with Council Tax increase.
Balancing the 2022/23 budget was predicated on the use of circa £12m of non-recurring
funding. MTFS for 2023/24 to 2027/28 will support decisions on 2023/24 budget in
February 2023. 
Q2 22/23:
An ongoing assessment of the projected gap for 2023/24 through to 2027/28 has been
presented to BTSG alongside a series of officer savings proposals to bring recurring
expenditure back in line with recurring income. 
Executive
Directors, Chief-
Finance Officer
February 2023 
SRP.RR.03 Legal and Regulatory Compliance 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
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10
SRP.RR.03
Risk cause
Current or new legislation applying to Midlothian Council 
Risk event
Council and/or services not identifying all applicable
legislation impacting Council activities and service
requirements. 
Risk effect 
Council failing to meet its statutory obligations resulting in a
potential negative impact for service users or employees.
Reputational impact of not meeting statutory obligations.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer(s),
Legal and
Governance
Manager 
1. Executive Directors, Chief Officer(s) and Head(s) of Service
responsible for identifying applicable legislation and propose Council or
Service responses to CMT and Cabinet/Council as required. 
2. Annual Assurance Statement. 
3. Internal Audit testing of internal controls as part of risk based audit
plan. 
4. External Audit. 
5. Range of external inspection. 
6. Local Scrutiny Plan 
7. BTSG oversight of new legislation  
3 3 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.03.0
2 Rights of the Child Bill
Q1 21/22:
Scotland is set to become the first country in the UK to directly incorporate the UN
Convention on the Rights of the Child into domestic law. The Scottish Government’s new
bill on the rights of the child is expected to have far reaching implications for public bodies.
With guidance beginning to be disseminated from the Scottish Government, the Council is
continuing to monitor and plan.  
Chief Executive,
Executive Director
Education, Head
of Children’s
Services
31 March -
2023 
SRP.RA.03.0
5 Standing Orders
Q2 22/23: Structural reviews within the Midlothian Council resulting in the Standing Orders
being outdated. Authorised Officers within Regulatory Services may be open to challenge
in relation to statutory enforcement work on grounds of delegated authority. Statutory
enforcement work including the service of Statutory Notices, Fixed Penalties and Court
proceedings may require to be withdrawn resulting in reputational damage and or financial
penalty (e.g. case costs awarded against the LA). Structural reviews approved by Council
have been incorporated into Standing Orders. There is a Standing Orders Working Group
reviewing SOs post elections and work continues to ensure that these issues are included
within this work programme and that all staffing changes are incorporated into the Scheme
of Delegation.  In the interim, mitigations will be put in place to ensure authorisations are
valid.
Executive Director
Place, Legal and
Governance
Manager
31 December
2022 
SRP.RR.04 Employee performance 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
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11
SRP.RR.04
Risk cause
Employees not suitably trained/developed for the roles
required of them. 
Limited availability of qualified practitioners in certain
sectors 
Change program not informed by all key stakeholders 
Ageing work force 
Employees unclear on expected behaviours. 
Employees constrained to innovate as a result of
management practice 
Employee productivity rate below the required level
because of ineffective use of the People Policies
particularly Maximising Attendance 
Salaries significantly lower in social work area in
comparison to other LA’s resulting in recruitment issues
particularly with trying to recruit experienced staff 
Risk event
Employees not engaged/consulted as part of organisational
transformation. 
Experienced employees leaving the organisation 
Inability to recruit suitably qualified / trained staff to fill
vacancies negatively impacting on remaining workforce 
Unacceptable behaviours demonstrated by employees 
Stated organisational culture not consistently reinforced by
managers 
Poor employee performance will stifle transformational
change 
Risk effect
Difficulties recruiting the right staff 
Challenges retaining quality staff 
Challenges recruiting experienced staff
Low skill levels 
Low morale, especially during change 
High absence rates, loss of experience in service areas. 
‘A Great Place to Grow’ our values including respect
,collaboration, pride and ownership not realised, potentially
resulting in missing the opportunity to capitalise on the
abilities, experience and ideas of team members. Poor
employee performance will Exacerbate the financial
challenge   
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Over-riding risk control measure = Focus on having the right people,
here, healthy, performing, behaving and well led via effective utilisation
of the workforce strategy and accompanying action plan. 
Attendance / Wellbeing
1. Continuing implementation of the Wellness@Midlothian agenda. 
2. Creation of an Employee Health and Wellbeing Strategy and
supporting policy. 
3. Maintaining the Healthy Working Lives Gold Award. 
4. Proactive use of Occupational Health, Midlothian Physiotherapy,
Employee Assistance Programme and the Workplace Chaplaincy
Service. 
5. Change of EAP supplier to ensure provision of best possible service. 
6. Development of progressive People Policies. 
7. Roll-out of mental health training for staff and managers. 
Performance
1. Service-level workforce plans. 
2. Structured, robust, well established ‘Making Performance Matter’
Framework where expected standards of behaviour and Council
values are re-enforced. 
3. Continued re-enforcement of all People Policies involving various
communication methods. 
4. Development of a suite of management information to ensure
Service Managers are informed e.g. turnover, absence levels/reasons
etc. 
Organisational Change
1. Policy for Organisational Change includes strong emphasis on early
engagement of employees. 
2. Redeployment Procedure to ensure maximum chance of successful
redeployment. 
Conduct
1. Resolution Policy encourages early intervention of workplace issues. 
2. Professional standards and values build into the induction process
and management development programme. 
Communication
1. A range of initiatives to keep staff informed of change (Chief
Executive’s weekly email, Connect, All staff emails, tailored team
briefings etc.  
3 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
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12
SRP.RA.02.0
4 Revisions to Service Workforce Plans
Revision to Service Workforce Plans and Action Plans are required including analysis of
future workforce requirements, gap analysis and gap closing strategies, and performance
measures and target setting. 
Q2 22/23: Workforce plan guidance issued to all Directorates. Refreshed workforce plans
to be developed in line with the new service plans for the next financial year 23/24 
Executive
Directors, Chief
Officers, Heads of
Service
31 March
2023 
SRP.RA.02.0
6 Workforce wellbeing Q2 22/23: Continuing to embed the new Employee Health and Wellbeing Strategy.   31 Dec 2022 
SRP.RR.21 Cyber Security 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.21
Risk Cause:
Malicious attempts to damage, disrupt or gain unauthorised
access to Council computer systems, networks or devices 
Risk Event:
The Council is at significant risk of cyber-attack from
Ransomware Phishing Emails, Advanced Persistent
Threats (APT) and Distributed Denial of Service Attacks
(DDOS) attacks. Hacking and Social Engineering. 
Risk Effect:
Access to Council systems by cyber criminals and foreign
intelligence agencies for financial, commercial or
information gathering reasons. This could lead to
significant financial losses, data compromise and
subsequent regulatory sanction if our technical and
organisational measures are deemed insufficient. 
Severe business disruption including the almost total loss
of critical IT systems and networks leading to significant
service delivery challenges.  
Chief Executive,
Executive
Directors, Chief
Officers, Heads of
Service,
Information
Governance/
Security Services
Lead
1. Implementation of and compliance with the Scottish Government
Cyber Resiliency Public Sector Action Plan 
2. Cyber Essentials Plus Certification 
3. Public Sector Network Certification 
4. Appropriate technical and organisational measures deployed to
reduce the likelihood and impact of an attack 
5. Employing an Information Governance and Security Lead 
6. Implementing Scottish Government Cyber Security Action Plan 
7. Creating a Midlothian Cyber Defence Action Plan.  
8. Adoption of the NCSC (National Cyber Security Centre) Active
Cyber Defence programme
3 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RR.21 Appropriate Technical and Organisational Measures Q2 New action/mitigation includes:-  Information 31 March
2023       
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13
1. Appointment of Cyber Security Analyst to support the Cyber Lead
2. On-going phishing exercise on staff and the purchasing of new cyber security
training software
3. The implementation of new software to scan for security vulnerabilities
4. Establishing  new password security protection software
Governance and
Security Lead  
SRP.RR.07 Care at Home 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.07
Risk cause
Internal and External providers of Care at Home services
unable to meet service and quality requirements as a result
of a lack of capacity. 
Risk event
Capacity of Community Support outstripped by demand 
Risk effect There is a risk that patients will have their
discharge delayed because there is insufficient community
supports to enable timely discharge leading to deterioration
in their health, beds being blocked and elective operations
potentially being cancelled.  
Head of Adult and
Social Care;
Head of
Children's
Services; Director
of Education;
Chief Executive
1. Care at Home winter assurance plan and business continuity plan
complete
2. Development of Care at Home Service Improvement action plan
near completion
3. External commissioning complete and ongoing contract monitoring
in place
4.External provider audits complete
5. Re-established Multi-Agency Quality in Care at Home quarterly
review meetings jointly with East Lothian 
6. Weekly provider meetings in place
7. Additional locum team members and contracts with agency staff in
place 
8. Daily discharge meeting with Multidisciplinary and Multi-agency
team planning to plan and coordinate discharge to ensure care at hone
support in place  
3 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status             
SRP.RR.08 Asset Management – buildings, vehicles,  roads and digital assets/networks 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
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14
SRP.RR.08
Risk cause
Many of the assets the Council own by their nature are in a
position of ongoing deterioration through their normal use,
e.g. roads - normal wear and tear, street lights and vehicles
& buildings used to deliver services. 
Risk event
Many assets will deteriorate under normal conditions
although buildings, roads and street lights as an example
can be damaged during more extreme weather events or
as a result of a lack of maintenance. 
Risk effect In the case of Roads Services there is a real
risk of increased potholes and insurance claims, reduced
skid resistance leading to higher accident potential and
building up of higher costs in the future. In respect of
vehicles, increased breakdowns, service failures, greater
maintenance inevitable, higher short-term hire costs. In
terms of property, health and safety issues arise, failure to
meet current standards and higher running costs. There is
also the risk of two-tier accommodation, some high quality,
some low. 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. There is provision in place within the capital plan for investment in
the asset base. 
2. Asset register 
3. Conditional Survey 
4. Understanding of future asset needs 
5. Asset Strategy: 
. Roads 
. Land 
. Fleet 
. Digital Service Network 
. Digital Service hardware 
6. Capital program - investment in estate. 
7. Ongoing monitoring of properties by: Maintenance Surveyors,
Facilities Management and Property Users. 
8. Established Capital Plan and Asset Management Board and
dedicated Asset Management Board 
9. Establishment of 7 thematic Estate Safety and Management Groups
chaired by Chief Officer Place 
3 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.08.0
2
Plan for appropriate investment in capital works and
remedial maintenance over the lifespan of each property
asset.
Q1 22/23: Programme of work agreed to progress for building condition surveys on a
phased approach, over a three year period. Move to implementation into 22/23.  
Executive
Directors, Chief
Officers and
Heads of Service 
31-Mar-2023 
SRP.RA.08.0
5 Learning Estate Strategy
Q2 22/23: Potential risk to delivery of Learning Estate projects due to .inflated costs from
a number of factors. Factoring the commitment to net zero into our projects has added
another cost pressure and may affect the affordability and viability of some projects.
Oversight of Learning Estate programme through the Capital plan & Asset Management
Board
Executive Director
Education, Head
of Development
31 March
2023 
NEW
ACTION Asset Management systems Q2 22/23: Work is ongoing through Place services to identify appropriate asset
management systems  Chief Officer Place 31 March
2021 
SRP.RR.09 Emergency Planning and Business Continuity Management 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
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15
Evaluation
SRP.RR.09
Risk cause
The Council not preparing or timeously reviewing
Emergency Plans and testing arrangements to respond to
Civil Contingencies Incidents 
Risk event
There are a wide range of potential events the Council may
be expected to respond to e.g. Severe weather incident,
Pandemic, Utility disruption etc. 
Risk effect
Censure through non-compliance with the Civil
Contingencies Act 
Not adequately recovering from the loss of major
accommodation (e.g. secondary school, main offices),
computer systems and staff 
Not able to respond to a major emergency in the
community Fatal Accident Inquiries  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Place, Senior
Manager
Protective
Services 
Potential sub risks include:- 
01 – Civil Contingencies Risk Register used to highlight key risks and
record response, 
- Council’s plans developed and maintained in response to identified
risks, 
- Risk and Resilience Group support development, peer review and roll
out of plans. 
02 – Establishment based incident response plans in place and
maintained locally. 
03 – Emergency response plan setting out general approach to
respond to a major emergency in-line with key partner organisations. 
04 – As part of the Council’s Emergency response the importance of
recording decisions made and information available at the time is
highlighted as this would be scrutinised in the event of an FAI. 
05 – Care for People Group meeting 6 weekly to continue support for
Communities in response to COVID – 19 to establish and co-ordinate
support for people on a multi-agency basis. 
06 – Care for People Group: Afghan, Ukrainian and UASC support
programmes
3 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.09.0
2 Development of Emergency Planning Improvement Plan Q2 22/23:
New Contingency Planning Officer in post and work progressing on improvement plan
Senior Manager
Protective
Services 
31 December
2022 
SRP.RA.09.0
3 Business Continuity System
Q2 21/22: 
System currently being populated ahead of roll out to all services. A small number of
Council services engaged to test and validate operational functionality. Project
governance now overseen through the Customer Service Platform Board
Chief Officer
Place, Senior
Manager
Protective
Services
31-Mar-2023 
SRP.RR.10 Governance and Standards in Public Life 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.10
Risk cause
Code of conduct for Members and employees actions
falling short of International Standards. 
Risk event
Failure in openness, accountability, clarity. 
Chief Executive,
Executive
Director Place,
Chief Officer
Corporate
Solutions, Legal
Potential sub risks include:- 
01 Macro governance at the top – failure in openness, accountability,
clarity; 
02 Micro governance in services, partnerships and projects and
outcomes not achieved 
03 Non-compliance with codes of conduct and reduction in standards
3 4 
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16  
Risk effect
Service, partnerships and project outcomes not achieved
Non-compliance with conduct standards and reduction in
standards in public life  
and Governance
Manager
in public life 
04 Annual Assurance Statement. 
05 Standing Orders 
06 Scheme of Administration 
07 Scheme of Delegation                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RR.10.0
1 Corporate Governance
Q2 22/23: Annual Assurance Statement, People Policies and Standing Orders subject to
review process (see separate risks contained within the strategic risk profile for further
information) 
31 March
2023 
SRP.RR.11 Corporate Policies and Strategies 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.11
Risk cause
Policies may not match the aspirations of the Council's
Strategic priorities or cultural perspective. 
Risk event
Policies not monitored may become out of date 
Policies not reviewed to ensure alignment with strategic
priorities. 
Risk effect
Policies not monitored could result in non-compliance with
legislation 
Policies not align to strategic priorities will inhibit the rather
than support implementation of strategic priorities.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. Single Midlothian Plan providing overarching direction 
2. Service plans aligned to Single Midlothian Plan. 
3. Leadership team to ensure correct approaches are adopted to get
the right results. 
4. Strategic housing investment plan, submitted to Scottish
Government in October 2022
5. Procurement Strategy 2018 
6. Capital Strategy 
7. Integrated Joint Board (IJB) Plan 
8. IJB Strategic needs assessment 
9. Midlothian Local Development Plan 2017 – the Council’s corporate
spatial strategy.  
2 3 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
NEW  Strategic Plan 2022 - 2027
Q2 22/23: 
Development of Strategic Plan and MTFS for next term of Council being progressed to
support decisions about what services, beyond those which are statutory can be provided.
This facilitates setting of the 2023/24 budget in February 2023
Executive
Directors February 2023 
SRP.RA.11.0
2 Accessibility Strategy
Q1 22/23: Education working with Property colleagues to refresh building data including
information on building accessibility. Once work is complete, a work stream will be
progressed to ensure Council compliance.  
Chief Operating
Officer Education,
Chief Officer Place 
31 March
2023 
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17
SRP.RA.11.0
5 Antisocial Behaviour Policy Q1 21/22: Work continues following appointment of new Senior Manager in Housing &
Wellbeing.   Chief Officer Place 31-Dec-2022 
SRP.RR.11.0
1 Parental Engagement Strategy
Q1 22/23: Parental Learner Liaison Officer has produced a draft Parental Engagement
Strategy looking at examples throughout Scotland and a consultation with all stakeholders
is underway. Following a review with Parent Council Chairs, a Parental Engagement
calendar has been created for next session to support PC Chairs with the information and
structure they need. The National Parental Involvement & Engagement survey has been
rolled out to all Primary, Secondary & Special School parents with data to be evaluated in
July. Parent Working Groups have been created to support specific interests and priorities
– Consultation, Equity, Digital Learning, ASN & DWY/Positive Destinations. A Parent
Council ‘Toolkit’ has been created to inform Parents of the functions of a Parent Council,
provide support, signposting and remits. This will provide a more consistent structure
within Midlothian of all Parent Councils and potentially boost numbers. Social Media has
been created for Parental Engagement and the design of a webpage to add to the Council
Website is underway. Draft plans for our first Parent Conference in Q1 of next session is
underway. The same is to be said for a Pupil Conference. The PLLO is now an active
member in the SEIC Young Persons Involvement Group and regularly meets the
Education Scotland’s Attainment Advisor.  
Children’s
Services
Management
Team; Children’s
Services,
Partnership and
Communities
31-July-2022 
SRP.RR.12 Internal Control Environment 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.12
Risk cause
Work procedures/process inadvertently create the capacity
for fraud and waste to occur. 
Internal Controls requiring more time, effort or cost than the
risk being managed. 
Mangers failing to follow procedures and keep systems
updated with accurate information 
Risk event
Persons exploiting opportunities to commit fraud 
Waste and errors 
Changing risk landscape associated with remote working
solutions. 
Risk effect
Waste and loss 
Risks over managed with risk controls costing more than
the potential loss being managed. 
Increased opportunity for fraud or financial loss has direct
impact on management information. Has adverse effect on
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. Services have been prompted to consider fraud and waste within
Service Risk Registers. 
2. Risk Management Guide provides direction on the need to balance
time, effort and cost against benefit of risk controls. 
3. Internal Audit examine internal control arrangements based largely
on the risk registers. 
4. Whistleblowing Policy (subject to review) 
5. Internal and external assurance. 
6. E-learning for staff to complete mandatory training for fraud
awareness. 
7. Implemented changes to business processes and procedures to
maintain and enhance internal control. 
8. Bi-annual updates to Audit committee on progress with
recommendations noted in the annual governance statement. 
9. Continue remind staff of secondary employment/outside interests
and gifts & hospitality 
10. Digital induction for all new employees (with service exceptions),
including legal, HR, procurement, health and safety. Control at entry to
organisation. 
11. Management Development Programme, delivered in partnership
with Edinburgh College, provides reinforcement of organisational
3 3 
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18
service performance   regulatory obligations. 
12. The Integrity Group continues to meet to improve the Council’s
resilience to fraud, corruption, theft and crime (including cybercrime),
maintaining proper risk management, governance and internal control
processes and systems to ensure probity in systems and operations,
and mitigation of risks, including the prevention, detection and
resolution of fraud and irregularities. Management is also responsible
for checking that the arrangements and controls are operating
effectively and obtaining assurances from internal compliance, risk,
inspection, quality, and control functions.   
Related
Action Code Related Action Related action latest note Managed By Due Date Status
NEW
ACTION Review of Serious Organised Crime (SOC) group Q2 22/23: Review of SOC has begun with stakeholder engagement underway Chief Officer
Place
31 March
2023 
SRP.RR.13 Climate Change 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.13
Risk cause
Council Services not adequately engaged, resourced or
directed to fulfil the requirements of the Climate Change
Act. 
Risk event
Council Services not responding to the Climate Change Act
with sufficient pace. 
Risk effect 
Council failing to meet its obligation under the Climate
Change (Scotland) Act 2009 and incurring the associated
reputational damage.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Place, Senior
Manager
Planning,
Sustainable
Growth and
Investment
1. Statutory requirement to report on compliance with climate change
duties. 
2. Council Carbon Management Plan 
3. Approval of a Corporate Climate Change Strategy and action plan 
4. CPP Board for Climate Change to bring strategic focus and
oversight of plans and progress. 
5. Resilience Seminars  
5 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
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19
SRP.RA.13.0
3 Recruitment of Climate Change Officer Q2 22/23: Service Review continues.  
Chief Officer
Place, Senior
Manager
Planning,
Sustainable
Growth and
Investment
30-Sep-2022 
SRP.RA.13.0
4 Delivery of the BTB Board Carbon Neutral by 2030
Q2 22/23: 
Carbon Management Plan requires to be reviewed and resourced adequately. There is a
requirement for a cross Council approach to achieve carbon neutral by 2030. Work is
underway in discrete areas to contribute to achievement of the ambition, but financial
resource and staffing is required to develop an overarching engagement and action plan. 
Chief Officer
Place, Senior
Manager
Planning,
Sustainable
Growth and
Investment
31-Mar-2030 
NEW Development of the Strategic Plan 2022-27 Q2 22/23:
Carbon Neutral by 2030 is a strategic priority within the draft 5 year strategic plan
Chief Officer
Place, Senior
Manager
Planning,
Sustainable
Growth and
Investment
31 March
2023 
SRP.RR.14.1 Scottish Child Abuse Inquiry 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.14.1
Risk Cause: Midlothian Council and its legacy
organisations, predating the creation of Midlothian Council
in 1996, have been involved in the provision of care of
children going back to living memory. During this time there
is the likelihood that the care children received fell below
standards of care now in place. There is the further
potential the some people in the care of Midlothian Council
and its legacy organisations were subject to abuse by
those who were employed to care for them. 
Risk Event: The Scottish Government began an Inquiry
into cases of Child Abuse occurring prior to 17 December
2014, the intention of this enquiry is to identify historic case
of abuse which have to date gone unreported. 
The most recent Section 21 notice around the Foster Care
Case Study is a significant piece of work. The request for
information from 1930 to date is very challenging given the
Head of Adult and
Social Care;
Head of
Children's
Services; Director
of Education;
Chief Executive
The Council have set up an Abuse Inquiry Project Team to support the
Council to prepare for information requests to support the Inquiry. 
In addition we have a Claims Project Team who have mapped out how
we shall manage any future claims reported against the Local
Authority. 
The Inquiry Team have established a Project Plan covering: 
1. Residential establishments, List D Schools and Foster Carers:
identifying Children’s homes, Foster Carers and any List D Schools in
Midlothian over the last 100 years and researching historic records. 
2. Record Audit: reviewing the Council’s existing paper and electronic
recordkeeping systems to identify relevant records and map them to
residential establishments. This also includes, where possible, noting
the Council’s historic recordkeeping policies, such as retention
schedules. 
3. Cataloguing/Indexing: checking and updating existing recordkeeping
systems for accuracy and consistency, enabling effective information
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20
volume of files that require to be read and analysed. 
Risk Effect: If the inquiry finds historic cases of abuse in
Midlothian this could damage the reputation of the Council
and could place doubt in the eyes of the public as to the
safety of these currently in care. There is significant scope
for a substantial financial impact arising from claims of
historic abuse. Some existing employees may be affected
by the inquiry and subsequent claims of abuse. 
We have request an extension for Parts B, C & D of the
last Section 21 to April 2020, which has been granted. 
To date there has been no evidence from the extensive file
read to suggest there has been systemic abuse within our
foster care system.  
retrieval when requested by the Inquiry. 
The Project Team have established a Project Plan covering: 
4. Ascertaining the succession and insurance position in relation to
potential historic child abuse claims. 
5. Ascertaining and agreeing Midlothian Council’s legal position/
approach in dealing with the potential historic child abuse claims. 
6. Identifying the need for guidance, protocol, templates etc. should/if
any claims be made against the council. 
7. Consideration to identifying if additional staffing will be required as
expected deluge of FOI’s SAR’s in 2018 from solicitors of potential
claimants. 
8. Project team is in place with project plan with a range of identified
actions which are being progressed. Monthly meetings to progress
project plan. 
9. The SCAI Social Worker is very competent and experienced in this
area of work and provides quarterly updates on their findings from the
file read.  This is a real strength within this area of work. The CSWO
and Principal Solicitor meet regularly with the social worker to discuss
findings from the file read.   
Related
Action Code Related Action Related action latest note Managed By Due Date Status    
SRP.RR.16 Growing Council 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.16
Risk cause
Population growth in Midlothian over the next 10 - 15 years
will see Midlothian become the fastest growing Council in
Scotland. . 0-15 population increase, projected at 20% and
75+ population increase projected to increase by 100%
between 2014 and 2039. 
Risk event 
Failure to resource and plan for these rises will significantly
impact the Councils ability to fulfil its statutory obligations in
relation to these groups. 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. Local development plan and supplementary guidance on developer
contributions. 
2. Services planning future service provision on the basis of anticipated
service demands 
3. The change programme 
4. Learning Estate Strategy 
5. Capital Plan Prioritisation6.Strategic Housing Investment Strategy 
7. Rent Review Strategy
8. Joint needs assessment used to develop - IJB Strategic Plan 
9. Capital Plan and Asset Management Board will scrutinise and
challenge slippage on capital programmes recognising that slippage
can have an adverse impact on financial sustainability and also the
4 4 
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21  
Risk effect Inadequate capacity within the learning estate
to cope with the projected increase in pupil numbers. Ability
to fund affordable homes required by planning policy also
constrained by rent freeze and cost of living crisis.
Insufficient provision to support an aging population placing
costly inefficiencies on other parts of the care sector.
General population increase placing additional demand on
infrastructure including GP services. Increased pressure on
infrastructure, services e.g. waste collection and growth of
road network as new development roads are adopted.  
delivery on assets required to support capital growth. 
10. City Deal provides the opportunity to support inclusive growth. 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.16.0
1 Capital Programme
Q2 22/23: 
Latest roll projections indicate that that we will breach capacity in some schools in Aug
2023. Capital programme updated based on outcome of review of Learning Estate
Strategy underway 
Executive Director
Education,
Executive Director
Place, Head of
Development
Aug 2023 
NEW
ACTION
CODE
Capital Plan reprioritisation
Q2 22/23: In light of rising costs through inflationary impacts, EU Exit and post pandemic
economic shifts, work is ongoing to review the current capital plan and reprioritise the
programme. This will be reported to Council in Q4 22/23 for review and approval.
Executive Director
Place, Head of
Development
March 2023 
SRP.RR.17 UK Decision to leave the EU 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.17
Risk cause
UK vote to leave the European Union 
Risk event
UK leaving the European Union 
Risk effect The impacts associated with the UK's decision
to leave the UK have yet to be realised and will only
become clear once the final terms of the UK's departure
are finalised. There are some direct potential impacts such
as an end to EU funding of Council co-ordinated projects
and indirect impacts on industries undertaken within the
geographical area which have relied on EU funding, such
as agriculture. There are wider potential implications
arising from uncertainty regarding the resident status of EU
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
01 – Risk and Resilience Group 
02 – Taking a risk management approach to identifying and assessing
anticipated impacts 
03 – Working with a range of national and local bodies to inform
preparatory arrangements. 
04 – EU Settlement scheme promoted on Council Internet to support
those living and working in Midlothian to access the Home Office
scheme.  
4 5 
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22
nationals, post any exit agreement, and the availability of
workers from outside the UK accessing the job market here
in the future. These factors have the potential to impact on
the availability of the right people with the right skills being
available to help grow the economy here in Midlothian. One
area this could affect the Council could be in the delivery of
future building projects within Midlothian which could curtail
further economic growth.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
NEW Refresh of Economic Strategy
Q1 22/23:
Report on economic impacts complete and will be presented to October Council. This will
inform the refresh of the Economic Strategy. 
Q2 22/23:
Report recommendations agreed by Council in Oct 2022. Work is now underway to
refresh the Economic Strategy by March 2023
Chief Officer Place 31 March
2023 
SRP.RR.19 Health & Safety 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.19
Risk cause
Failing to identify and rectify non-compliance with Health
and Safety regulations. 
Risk event
Employees required to undertake tasks they are not
competent to. 
Statutorily driven health and safety protective
arrangements for service users and employees not
implemented correctly. 
Non-compliance with policy and procedure 
Not undertaking audits and inspections to confirm
adherence to policy and legislative requirements. 
Risk effect 
Serious injury of ill health impact on employees and or
service users. 
Negative impact on outcomes for customers/service users. 
Service users and employees exposed to hazards where
statutory requirements exist. 
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
Chief Officer
Place, Senior
Manager
Protective
Services 
1 – Health Safety and Wellbeing Strategy 
2 -Suite of Health and Safety Management Arrangements developed
setting out council response to statutory obligations (Revised 2021) 
3 - Comprehensive range of Health & Safety Management &
Assessment based development opportunities for line managers 
4 - Use of Health & Safety Management Information System to
enhance information transfer and organisational efficiency 
5 – Comprehensive training programme in place to support those with
responsibility for managing health and safety. 
6 - Guidance and Risk assessment templates to support COVID 19
response. 
7 – Use of comprehensive audit programme to confirm the application
of agreed management Arrangements and Council Policy. 
8 - New risk assessment guidance and support for managers rapidly
deployed in response to COVID 19 in line with associated Scottish
Government guidance.  
3 5 
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23
Statutory health and safety - duty of care over services
users and employees not met. 
Criminal prosecution of the Corporate body and or
individuals through Corporate Homicide (Corporate
Manslaughter) Significant financial penalties from Criminal
Prosecution.                
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RA.19.0
1 Delivery of Health, Safety and Wellbeing Strategy
Q1 22/23: Review of Strategy to commence upon appointment of Team Manager Health,
Safety and Resilience 
Q2 22/23: Appointment made for Team Manager Health, Safety & Resilience. Due to take
up post in Jan 2023.
Chief Officer
Place, Senior
Manager
Protective
Services 
31 March
2023 
SRP.RA.19.0
7 H&S audit across all Council estate
Q1 22/23: Protective Services and Property Service are progressing a Health and Safety
building audit across the full Council estate, which will inform the development of
associated action plans taking a risk based assessment of the findings. Asbestos
inspection programme commenced with first round of inspections focussed on the learning
estate over the summer holiday period. Review of arrangements for first aid and fire
warden provision commenced.
Chief Officer Place 31 December
2022 
SRP.RR.20 Early Years Expansion (1140 Hours) 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.RR.20
Risk cause
Population growth in Midlothian over the next 10 - 15 years
will see Midlothian become the fastest growing Council in
Scotland. . 0-15 population increase, projected at 20% in
addition the Scottish Government has made a commitment
to increase the current provision of free early years care
from 600 to 1140 hours. 
Risk event 
Failure to resource and plan for these rises will significantly
impact the Councils ability to fulfil its statutory obligations in
relation to these groups. 
The sustainable rate review may lead to significant
increase in funding to providers; maintaining current rate is
not an option if not deemed sustainable.  The result could
lead to a funding gap in future years.  
Head of Adult and
Social Care;
Director of
Education; Chief
Executive
1. Learning Estate Strategy 
2. Early Years Expansion to 1140 hours updates 
3. Capital Strategy 
4. School Roll Projections will be 
reviewed and updated  
5. Business Support and Finance Business Partners reviewing external
funding landscape closely for future funding options
4 5 
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24  
Risk effect 
Inadequate capacity within the school estate and/or Early
Years to cope with the projected increase in numbers. Lack
of staffing and/or financial support to build new schools
Potential for additional unfunded request to place 4 year
olds with August to December birthdays requesting
additional year of 1140 hours, not currently funded by
Scottish Government.   
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.RR.20.0
1 1140 future years funding
Q1 22/23: Continuation of current distribution for 2022/23 though nationally the quantum
was reduced by £23.9m of which £8.9m was earmarked for deferral pilots. This reduction
and the shift to a distribution formula in 2022/23 resulted in a reduction for funding for the
Council if £882k. This has required revision to ELC budget. Work is ongoing, though the
ELC Finance working group to collect spend information to support the assessment of the
quantum for 2023/24 onwards.  Associated risk due to possible increase in the sustainable
rate to be paid to partner providers.   
Q2 22/23:
Potential increased costs associated with paying a sustainable rate to partner providers
may place further pressure on containing service delivery costs within available funding.
.Scottish Government funding for 2023/24 will be known during Q3.
Executive Director
Children, Young
People and
Partnerships,
Chief Operating
Officer Education,
Chief Officer
Corporate
Solutions
31 March
2023 
Strategic opportunities   
SRP.OP.01 Shawfair 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.01 The delivery of a new sustainable low carbon community at
Shawfair.  
Chief Executive,
Executive
Director Place,
Chief Officer
Place, Senior
Manager
Planning,
Sustainable
1. Shawfair Landowners Group meets quarterly. 
2. Legal agreement with developers to secure developer contributions
(Section 75) towards infrastructure. 
3. Approved masterplan and design guide for the entire community 
4. Business and industrial provision, including small business incubator
space. 
5. Circa 4000 new homes 
6. A school campus comprising Early Years, Nursery, Primary,
5 4 
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25
Growth and
Investment
Secondary & Life Long Learning provision 
7. New Primary schools 
8. Public Transport infrastructure including railway station. 
9. Midlothian Energy Ltd (Joint Venture between MLC and Vattenfall)               
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.01.0
2 Energy Service Agreement Q2 22/23: Energy Services Agreement with Shawfair LLP has now been
signed and work progressing to deliver Energy Centre ongoing  30-Jun-2022 
SRP.OP.03 Easter Bush - Penicuik 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.03
One of Midlothian’s largest and most significant
employment areas. Fast Growing opportunities in Science
Technology Engineering and Mathematics (STEM) with
opportunities to link with education. Partnership links to
schools and university sector at the 'Bush' to promote
STEM. 
Need to secure long-term strategic road access to ensure
continued growth.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. Planning in place around creating Secondary Schools as centres for
excellence linked to specialisms including Science Technology
Engineering and Mathematics (STEM). 
2. Land allocated for expansion. 
3. Midlothian Science Zone. 
4. City Deal funding to provide for growth and strategic road access.  
5 4 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.03.A
2 A701/A702 Trunk Road Improvements
Q2 22/23: Escalating costs of this project has resulted in a significant funding gap which
requires to be addressed in order for the project to proceed. MLC has submitted an
application to the Levelling Up Fund to address this gap. Progress report to Council on 28
June – STAG Appraisal (stage 2) complete. Report highlighted that cost inflation and
increased project costs as outstanding areas of concern.   
31-Dec-2022 
SRP.OP.04 City Deal 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
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26
SRP.OP.04
South East Scotland Region City Deal - a bid for funding to
Scottish and UK Governments to accelerate economic
growth through investment in infrastructure/ housing/ skills
and innovation. 200 Council Houses linked to the City Deal.  
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. City Deal signed in August 2018. 
2. Maintain strong Midlothian involvement through the City Deal
governance structure. 
3. Midlothian City Deal Key Officer (Internal) Group. 
4. Securing best arrangements for Midlothian through close liaison with
partners and conclusion of business cases.  
4 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
SRP.OP.04.0
2 Realisation of outcomes of respective work streams Q2 22/23: For the 2022 calendar year Midlothian is the chair of the CRD programme
(annual rotation across the six Local Authorities).  
Executive Director
Place 31-Mar-2023 
SRP.OP.07 Creating a world Class Education System 
Risk Code Risk Identification Managed by Risk Control Measures Likelihood Impact Risk
Evaluation
SRP.OP.07
The Centres of Excellence model is a core part of the
Council's strategy to create a world-class 
education system in Midlothian. This is an ambitious
project designed to deliver 
excellence and equity with a particular emphasis on
interrupting the cycle of poverty.   
Risk event:
The Phase 2 Equipped for Leaning plan has a strong focus
on transforming classroom practice and learner outcomes.
This can only be achieved if effective technical support for
EfL is in place to support this change. 
Risk Effect:
Without the technical support and appropriate infrastructure 
we will not achieve the change resulting in a negative
impact on learners experiences and outcomes
Chief Executive;
Head of Adult and
Social Care;
Head of
Children's
Services;
Executive
Director of
Education; 
Executive
Director Place;
1. Digital Centre of Excellence at Newbattle Community High School 
2. Partnership agreement with the University of Edinburgh 
3. Beeslack Replacement High School, pilot project for next round of
SFT funding – funding model building in energy efficiency targets 
4. Accelerating our ambition – Digital Strategy 
5. Review of Digital team to support Digital Centre for Excellence  
4 5 
Related
Action Code Related Action Related action latest note Managed By Due Date Status
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27
SRP.OP.A.07
.01 Research and development
Q1 22/23 CIVTECH research project progressing well in partnership with University of
Edinburgh and SFT. Ongoing dialogue with the University of Edinburgh and Edinburgh
College in relation to the new centre of excellence.   
Executive Director
Children, Young
People and
Partnerships
31-Aug-2023 
NEW
ACTION Equipped for Learning Q2 22/23: Recruitment has commenced for the Google Administrator post which will
provide additional capability and enhance the programme delivery
Executive Director
Children, Young
People and
Partnerships
31 Dec 2022 
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Page 168

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Page 169

Audit Committee
Tuesday 6 December 2022
Item 5.5 
Audit Scotland Counter Fraud Reports 
Report by Principal Internal Auditor 
Report for Information 
1 Recommendations 
The Audit Committee is asked to:
a) Acknowledge the Audit Scotland counter fraud reports published in
recent months; and
b) Acknowledge that the Integrity Group of officers considered both
reports as part of their counter fraud role and responsibilities. 
2 Purpose of Report/Executive Summary 
The purpose of the report is to make the Audit Committee aware of
recently published counter fraud reports by Audit Scotland and the
Management Actions required in response for improvement and
assurance purposes. 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. A focus on
enhancing fraud prevention and detection to improve the Council’s
resilience to the risk of fraud, theft, corruption and crime, and ensure
these are embedded preventative practices are specific changes
associated with the Counter Fraud Strategy. 
Date 3 November 2022 
Report Contact:
Elaine Greaves
elaine.greaves@midlothian.gov.uk  
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2
3 Background 
3.1 Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. A focus on
enhancing fraud prevention and detection to improve the Council’s
resilience to the risk of fraud, theft, corruption and crime, and ensure
these are embedded preventative practices are specific changes
associated with the Counter Fraud Strategy. 
3.2 The following reports have been published by Audit Scotland in recent
months relating to fraud risks and outcomes:
https://www.audit-scotland.gov.uk/publications/fraud-and-irregularity-
202122 (published July 2022) A summary of the cases of fraud and
other irregularities at public bodies reported by external auditors for the
financial year 2021/22. Covid-19 raises the risk of public-sector fraud.
https://www.audit-scotland.gov.uk/report/the-national-fraud-initiative-in-
scotland-2021 (published August 2022) Scotland's public finances have
been boosted after a data-sharing exercise identified £14.9 million of
potential fraud and errors across the public sector. The overall level of
fraud identified by the NFI has fallen since the last exercise. Outcomes
from the Scottish NFI exercise fell by £0.4 million in 2020/21, from
£15.3 million in 2018/19. The reduction in outcomes could be due to
less fraud and error in the system, strong internal controls or due to
some key data sets from previous exercises not being included in the
latest exercise. NFI participants have identified pressures on staffing and
services particularly because of the Covid-19 pandemic, and the
strengthening of controls where previous fraud or error has been
identified, as contributing to reduced outcomes in the 2020/21 exercise. 
3.3 This provided an opportunity for the Integrity Group to consider the
recently published counter fraud reports by Audit Scotland and
determine whether any Management Actions are required for
improvement and assurance purposes. The purpose of the Integrity
Group, which is integral to delivering the Counter Fraud Strategy, is to
improve the Council’s resilience to fraud, corruption, theft and crime
(including cybercrime and money laundering). One way to achieve that
is through engaging with national forums to share intelligence, lessons
learned and best practice, carrying out a self-assessment of the
Council’s arrangements and agreeing any appropriate actions to
continuously improve the arrangements in place. 
4 Report Implications (Resource, Digital, Risk and Equalities) 
4.1 Resource 
The Integrity Group will support Management across the Council with
counter fraud management by: overseeing the review of the counter
fraud policy framework in line with best practice; highlighting emerging
fraud and corruption risks, threats, vulnerabilities; agreeing fraud and
corruption mitigation actions; raising awareness of bribery, fraud and
corruption in the Council as a method of prevention; meeting during the
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3
minimise losses and help prevent further frauds; and coordinating with
Serious Organised Crime (SOC) Group. 
4.2 Digital 
None. 
4.3 Risk 
The Council is committed to minimising the risk of loss due to fraud,
theft, corruption or crime and to taking appropriate action against those
who attempt to defraud the Council, whether from within the authority
or from outside. 
The Counter Fraud Policy Statement sets out the roles and
responsibilities for the prevention, detection and investigation of fraud.
The Counter Fraud Strategy provides a shift in approach to focus on
enhancing fraud prevention and detection to improve Midlothian
Council’s resilience to the risk of fraud. The steer provided by the
Integrity Group and the work undertaken by the Corporate Fraud Team
in collaboration with other Services is designed to reduce the fraud
risks within the Council. 
4.4 Ensuring Equalities 
An Integrated Impact Assessment (IIA) Form was completed prior to
the presentation of the revised Counter Fraud Policy and Strategy that
were approved by the Council on 25 August 2020. 
4.5 Additional Report Implications (See Appendix A) 
5        Additional Documents 
Appendix B: Fraud and irregularity 2021/22
Appendix C: The National Fraud Initiative in Scotland  2022
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4
APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Although this report does not relate directly to the key priorities within
the Single Midlothian Plan (Reducing the gap in economic
circumstances; Reducing the gap in learning outcomes; Reducing the
gap in health outcomes; and Reducing the impact of climate change)
by preventing and detecting fraud, additional resources might be
available to support the Council’s objectives. Any loss of funds due to
fraud, theft, corruption or crime might impact on the ability of the
Council to achieve its key priorities. 
A.2 Key Drivers for Change 
Key drivers addressed in this report: 
Holistic Working  
Hub and Spoke  
Modern  
Sustainable  
Transformational  
Preventative  
Asset-based  
Continuous Improvement  
One size fits one 
None of the above 
The Council is committed to creating a great place to grow supported
by the 9 drivers for change. Implementing the 9 drivers for change in
practice is applicable to the Council’s arrangements for tackling fraud
as set out in the Counter Fraud Policy Statement and Counter Fraud
Strategy. The shift to the key drivers for change is an intrinsic part of
the proposed change in approach and culture for the Council for
tackling fraud and corruption. For example:
(a) The formal establishment of an Integrity Group with a Terms of
Reference (approved by the Audit Committee on 22 June 2020)
shifting to more holistic working in multi-disciplinary forums to
tackle fraud in a consistent and collaborative way across the
Council;
(b) A focus on enhancing fraud prevention and detection to improve
the Council’s resilience to the risk of fraud, theft, corruption, and
crime and ensure these are embedded preventative practices; 
(c) Applying the minimum standard within the CIPFA Code of Practice
on ‘Managing the Risk of Fraud and Corruption (2014)’ for counter
fraud policy, strategy and other practices, and adopting the CIPFA
Counter Fraud Maturity Model as a means of self-assessment
moving forward will enable continuous improvement to be
evaluated, managed and evidenced; and
(d) Use of a blend of toolkits such as fraud vulnerability assessments
and e-learning packages that can be tailored to specific Services. 
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5
A.3 Key Delivery Streams 
Key delivery streams addressed in this report: 
One Council Working with you, for you  
Preventative and Sustainable  
Efficient and Modern  
Innovative and Ambitious 
A.4 Delivering Best Value 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. The Counter
Fraud Strategy states the Council will measure progress against the
CIPFA Counter Fraud Maturity Model as a self-assessment approach
to continuous improvement in order to be evaluated, managed and
evidenced to demonstrate best value in the use of resources. 
A.5 Involving Communities and Other Stakeholders 
Ensuring awareness of the Whistleblowing facility to report areas of
concern is important in the approach to tackling fraud. The facility has
been promoted in recent years and is being utilised by staff, those
within communities or other stakeholders. 
A.6 Impact on Performance and Outcomes 
The primary responsibility for the prevention, detection and
investigation of fraud rests with Management, supported by the
Corporate Fraud team. Internal Audit provides advice and independent
assurance on the effectiveness of processes put in place by
Management. The Findings and recommendations from Internal Audit
and Corporate Fraud work which are presented to the Audit Committee
during the year assists the Council in maintaining and / or enhancing
fraud prevention and detection controls. 
A.7 Adopting a Preventative Approach 
Having robust fraud prevention and investigation arrangements in place
contributes to safeguarding the Council’s financial resources, for
delivery of services, as part of protecting the public purse. A focus on
enhancing fraud prevention and detection to improve the Council’s
resilience to the risk of fraud, theft, corruption and crime, and ensure
these are embedded preventative practices are specific changes
associated with the Counter Fraud Strategy. 
A.8 Supporting Sustainable Development 
None.
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Page 174

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Page 175

Fraud and irregularity
2021/22
Sharing risks and case
studies to support the
Scottish public sector in
the prevention of fraud 
Prepared by Audit Scotland for public bodies and auditors
July 2022
Appendix  B
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Key messages
The Covid-19 pandemic heightened the risk of fraud as new systems and ways of working
were introduced.
1. The Covid-19 pandemic introduced many
challenges for the Scottish public sector
Public Bodies delivered both existing and new services in new working
environments. These changes resulted in additional fraud risks for public
bodies to manage.
2. New challenges
Despite these new challenges, auditors have found that most bodies
have responded well by introducing new systems, procedures, and
controls.
Fraud and irregularity 2021/22 | 2 |
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Key messages continued
3. The Covid-19 pandemic has seen new
fraud introduced
For example, fraudsters have targeted the grants to support businesses
through the pandemic. Steps have subsequently been taken to
reduce fraud and error in these schemes by grant-paying bodies and
government.
4. Weaknesses in controls contributed
to seven cases of fraud and irregularities
totalling over £354,000
During 2021/22, internal control weaknesses contributed to seven cases
of fraud and irregularity valued at over £354,000 being identified in
public bodies. In comparison, 13 cases of fraud and irregularity valued at
£401,500 were identified during 2020/21. Despite many challenges facing
public bodies over the past two years because of the Covid-19 pandemic,
the value of fraud and irregularity detected remains low compared to the
2021/22 annual Scottish budget of £54 billion.
Audit Scotland’s counter-fraud hub contains useful counter-fraud information.
Fraud and irregularity 2021/22 | 3 |
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Recommendations
Public bodies should ensure effective 
counter-fraud arrangements are in place.
These include:
• having effective governance and oversight arrangements
for counter-fraud
• understanding the current and emerging counter-fraud
risks facing the body
• regularly reviewing their counter-fraud strategy and counter-
fraud plan
• regularly assessing and reviewing internal controls and
governance arrangements to ensure they remain effective
• considering whether the risks and weaknesses in controls
identified in this report may exist in their organisation and
taking appropriate corrective actions
• reviewing the independent reviews and associated
recommendations that were commissioned by the
Scottish Environment Protection Agency (SEPA)
following a ransomware attack on its systems.
Auditors should confirm that:
• the governance arrangements in place in their audit
clients are effective, regularly reviewed and amended as
appropriate for new fraud risks
• internal controls are operating effectively to help prevent
fraud and irregularity, including the examples detailed in
this report.
Fraud and irregularity 2021/22 | 4 |
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Fraud and irregularity identified during 2021/22
Auditors have provided Audit Scotland with details of cases of fraud and other irregularity
discovered in their audited bodies during 2021/22. This report sets out examples of the various
categories of fraud and irregularity reported during 2021/22 and the control weaknesses which
contributed to these cases.
Aims of this report
This report shares information about cases where internal control
weaknesses in public bodies have led to fraud and irregularity, to help
prevent similar circumstances happening again. External auditors have
shared specific details about significant frauds and other irregularities in
public bodies during 2021/22. The level of fraud and irregularity reported
by external auditors was over £354,000, which is a very small proportion
of the 2021/22 Scottish budget of £54 billion.
External auditors are required to report frauds, or suspected frauds, to
Audit Scotland where they are caused or facilitated by weaknesses in
public bodies’ internal controls. Frauds and irregularities are considered
significant where the value of the loss is over £5,000 or where it is of
significance owing to the nature of the activity.
The cases included in this report are likely to have been investigated
internally, but it is not necessary for the police to have been involved or 
for it to have been proven as fraud in a court of law.
Reporting cases about fraud and irregularity and sharing information
about what happened helps highlight weaknesses in internal controls 
and aims to help prevent similar circumstances from happening in other
public bodies.
Internal controls help organisations to respond to risks,
to comply with legislation and regulations and to prepare
quality financial information. This includes policies and
procedures organisations put in place to help prevent errors
and irregularities.
Public bodies are encouraged to consider whether the weaknesses 
in internal control that facilitated each of the cases highlighted in this
report may also exist in their own arrangements and take the required
corrective action.
Fraud and irregularity 2021/22 | 5 |
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Fraud and irregularity identified during 2021/22
Fraud and irregularity reported during 2021/22 totals over
£354,000 and falls into the following categories:
1 case
Pension fund 
1 case
Procurement cards
1 case
Invalid supplier
1 case
Ticket income
2 cases
Covid-19 funding - 2 cases are included in
this report as examples.
1 case
IT and cybercrime
Fraud and irregularity 2021/22 | 6 |
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Control weaknesses
The fraudulent and irregular activity reported by external auditors during 2021/22 highlighted
control weaknesses which contributed to the fraudulent and irregular activity.
Not checking customer
details are up to date
Procedures not
followed
Weak IT security
arrangements
A lack of staff training A weak authorisation
process for payments
Easily circumvented
procedures
Specific details of the fraud and irregularity are reported on the following pages.
Fraud and irregularity 2021/22 | 7 |
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Pension fraud
Pension fraud relates to people receiving payments from a pension fund to which they are
not entitled.
Case Study 1: Pension fraud
A family member of a deceased pensioner continued to collect
£300,000 of pension payments over a 31-year period from a
public sector pension fund.
Key features
The pension fund was not notified of the death of the pensioner and
the pension payments continued to be paid.
The fraud was discovered by the pension fund after mail sent to the
deceased pensioner was returned.
The fraud was possible as the pensioner’s death pre-dated data-
matching controls which are now in place to automatically highlight
when a pensioner has died.
The pension payments have been stopped and the matter reported
to Police Scotland.
Fraud and irregularity 2021/22 | 8 |
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Expenditure fraud
Expenditure frauds relate to cases where a body has incurred additional
expenditure because of fraud. This may be due to invalid suppliers, fictitious
invoicing, or the redirection of payments intended for legitimate suppliers.
Case Study 2: Corporate procurement card fraud
A council employee misused a corporate procurement card to
fund personal purchases valued at over £7,300.
Key features
The employee used an emergency authorisation process to bypass
the requirement to obtain authorisation at a local level. It was
therefore not identified that the purchases were not legitimate.
The employee also dishonestly accessed emails and misused a
computer system to fraudulently authorise their own purchases.
The fraud was identified through budgetary control processes.
The employee has been dismissed and reported to the Procurator
Fiscal. Two managers are also subject to the council’s disciplinary
procedures.
The council has since provided staff with detailed instructions and
training which outline the proper process for using and authorising
corporate procurement cards.
Case Study 3: Invalid supplier
A third party defrauded over £23,000 from a public body by
purporting to be a supplier to the body.
Key features
The public body received a request by email to amend a supplier’s
bank account details. The supplier’s email address had been
intercepted by a fraudster who requested the change.
The fraud was possible as the public body did not telephone the
supplier to verify the change of bank details.
The issue was identified when the genuine supplier queried why the
payment had not been received.
The public body’s internal audit team has reviewed the process for
changing suppliers’ bank account details. Improvements have been
made to procedures and training has been provided for relevant staff.
The matter has been reported to Police Scotland and Action
Fraud UK has also been notified of the case.
Action
Fraud UK is
the national
centre where
individuals
can report fraud and
cybercrime.
Fraud and irregularity 2021/22 | 9 |
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Income fraud
Income fraud relates to cases where a body has lost income because of fraud.
Case Study 4: Admission ticket income
Third parties defrauded over £8,600 in admission ticket income
from a public body.
Key features
Unknown third parties fraudulently purchased and then resold
admission tickets for events. The purchases were made using credit
cards issued by an international provider. A loss was incurred as
tickets had been used before the fraud was identified.
The fraud was discovered when the genuine cardholders
subsequently requested refunds.
The fraud was facilitated by the international card provider not having
secondary authentication procedures in place. The public body has
stopped accepting credit cards without any secondary authorisation
procedures in place.
Processes have been put in place to enhance card holder
authentication for card payments.
Fraud and irregularity 2021/22 | 10 |
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Covid-19 funding fraud
Covid-19 funding fraud relates to cases where fraudulent funding applications have been paid.
UK Government funding to the Scottish Government to support
businesses and individuals throughout the Covid-19 pandemic was
provided quickly, and often with lower levels of scrutiny and due
diligence than are normally in place. Support was often provided to
individuals and businesses that the paying organisation had no previous
relationship with. This made verification of claims for funding difficult.
To get the funding out quickly to those in need, the Scottish and UK
governments introduced schemes which relied on self-declaration by 
the claimant.
This has resulted in applicants being paid funding which subsequently
have been found to have been fraudulent.
The value of some grants paid by councils depended on
the type of business and the rateable value of the business
premises.
Case Study 5: Covid-19 funding (1)
A council paid out a £10,000 Covid-19 business support grant
which later was discovered to be fraudulent.
Key features
A fraudster submitted an application supported by a forged lease
document for the business premises and a forged bank statement.
A previous fraudulent change in ratepayer had been notified to the
council.
The fraud was identified when the legitimate applicant submitted a
grant application.
A second subsequent application has since been made for another
grant in a subsequent grant-funding phase. The council did not
process this second application.
The council has shared the details of the fraudulent application with
other public bodies and has notified Police Scotland.
Fraud and irregularity 2021/22 | 11 |
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Covid-19 funding fraud (continued)
Case Study 6: Covid-19 funding (2)
A public body paid out a grant of £5,250 to a business based
on an application having been received with a self-declaration
by the business. The business stated that it had been adversely
impacted by Covid-19. The public body paid out funds in
accordance with the instructions and procedures issued by the
Scottish Government.
Key features
The public body subsequently received a communication from a
third party highlighting concern over the award of the funding to this
business. The public body’s internal audit team carried out a review
and requested further supporting evidence. This established that the
recipient did not meet the eligibility criteria for the funding.
The public body is seeking recovery of the grant paid.
Fraud and irregularity 2021/22 | 12 |
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Cybercrime
Cybercrime relates to losses due to crime which has been committed using computer
systems and IT networks.
Case Study 7: Cyber-attack
SEPA suffered a cyber-attack and subsequent data loss on 24 December 2020. Our 2020/21
Fraud and irregularity report contained initial details which were known at that time. Further
details and learning from the attack are now available and a summary is provided below.
Key features
The cyber-attack resulted in SEPA being unable
to retrieve a significant amount of its data. This
was despite independent reviews finding that
SEPA had a high level of cyber security maturity.
The criminals demanded a ransom which SEPA
did not pay.
Investigations have not yet identified the
exact route source of where the cyber-attack
breached SEPA’s systems. However, there
are indications that it was through a phishing
attack. This means there may have been a
degree of human error involved, which is very
difficult to mitigate against.
SEPA immediately implemented its emergency
management arrangements in response to the
cyber-attack. It also worked with the Scottish
Government, Police Scotland, the National
Cyber Security Centre (NCSC) and the Scottish
Business Resilience Centre (SBRC) to deliver a
recovery strategy.
SEPA commissioned independent reviews to
assist it and other public-sector organisations in
learning from the incident and to help protect
itself and others from ongoing cyber threats.
The independent reviews identified a number of
recommendations.
Public-sector bodies should review these
recommendations and learn lessons from what
has happened to SEPA. This incident highlights
that no organisation can fully mitigate the risk of
the ever-increasing threat and sophistication of
a cyber-attack but it is crucial that organisations
are prepared.
The Auditor General has published a report on
the cyber-attack against SEPA.
Phishing is where criminals send
emails purporting to be from
reputable sources to deceive
individuals into providing information
or data such as passwords, or
to click on a link that allows malware to be
downloaded.
Fraud and irregularity 2021/22 | 13 |
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Ways to reduce counter-fraud risks
There are many ways that public bodies can attempt to mitigate the risk
of fraud as well as trying to prevent fraudulent activity from occurring.
This includes:
• understanding the organisation’s fraud risks. An appropriate counter-
fraud strategy and plan should be in place
• ensuring appropriate governance arrangements are in place, with
oversight of counter-fraud arrangements
• agreeing the organisation’s fraud risk appetite and approach to
newly-emerging risks
• having appropriate fraud prevention and detection processes 
in place
• regularly carrying out a fraud risk assessment to identify 
vulnerable areas
• having internal audit regularly reviewing and evaluating controls 
to ensure they operate effectively and can adapt to new or 
emerging risks
• ensuring staff are appropriately trained in their area of work. This
will include counter-fraud training specific to their role
• ensuring processes are in place to report any suspected fraud 
or error
• having effective fraud response arrangements in place
• reviewing any instances of fraud or error for any lessons that could
be learnt to prevent future losses
• using digital innovations, eg data analytics, to help identify
weakness in controls
• using data matching such as the National Fraud Initiative (NFI)
and analytical procedures to help identify fraud or error
• working collaboratively with partners to prevent and detect fraud
• ensuring IT systems are protected and the latest guidance from
bodies such as the National Cyber Security Centre is followed.
The NFI is a data matching exercise that matches
electronic data within and between public and private-
sector bodies to prevent and detect fraud.
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Further information
Further information about Audit Scotland’s work to support counter-fraud and good governance is
available on our website. This includes information about:
Website:
Our work on counter-fraud
Report:
Covid-19: Emerging fraud risks
July 2020
Report:
Red flags in procurement
October 2019
Website:
The National Fraud Initiative
Blog:
Cybercrime: A serious risk to
Scotland’s public sector
May 2021
Report:
How councils can safeguard
public money
April 2019
Report: The 2020/21 audit of
the Scottish Environment
Protection Agency
February 2022
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Page 190

Fraud and irregularity
2021/22
Audit Scotland’s published material is
available for download on the website in a
number of formats. For information on our
accessibility principles, please visit:
www.audit-scotland.gov.uk/accessibility
For the latest news follow us on social media
or subscribe to our email alerts.
Audit Scotland, 4th Floor, 102 West Port, Edinburgh EH3 9DN
Phone: 0131 625 1500 Email: info@audit-scotland.gov.uk
www.audit-scotland.gov.uk
ISBN 978 1 913287 90 0
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Page 191

The National 
Fraud Initiative
in Scotland 
2022
Prepared by Audit Scotland
August 2022
Appendix C
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Page 192

Key messages
The National Fraud Initiative (NFI) is a counter-fraud exercise which aims to prevent and detect fraud. 
The exercise operates across the UK public sector and includes 132 public bodies in Scotland. The NFI
shares and matches data held by public bodies and helps confirm that services and payments are provided
to the correct people. See Appendix 1 for more information about the NFI exercise.
1 The 2020/21 NFI exercise has identified outcomes valued at £14.9 million (see page 4).
2 The cumulative outcomes from the NFI in Scotland since 2006/07 are now £158.5 million.
Across the UK, the cumulative total of NFI outcomes are now £2.4 billion (see page 4).
3 The overall level of fraud identified by the NFI has fallen since our last report. Outcomes from
the Scottish NFI exercise fell by £0.4 million in 2020/21, from £15.3 million in 2018/19. The
reduction in outcomes could be due to less fraud and error in the system, strong internal
controls or due to some key data sets from previous exercises not being included in the
latest exercise (see page 4).
4 Data sharing enables matches to be made between bodies and across national borders. Data submitted by Scottish bodies 
for the 2020/21 NFI exercise helped other organisations in Scotland and across the UK to identify outcomes of £1.2 million 
(see page 17).
5 Most bodies that participate in the NFI continue to demonstrate a strong commitment to counter fraud and the NFI 
(see page 18–19). However, a lower percentage of participating public bodies managed their roles in the 2020/21 NFI exercise
satisfactorily compared to the 2018/19 NFI exercise.
6 Pilot work to look at potential data matches for future NFI exercises identified £2.2 million in incorrect non-domestic rates relief.
The pilot work also identified one £25,000 fraudulent Covid-19 grant payment and 1,737 national entitlement travel cards which
should have been cancelled (see pages 20–23).
An NFI outcome 
describes the overall 
amounts for fraud,
overpayments and error
that are detected by the
NFI exercise as well as an
estimate of future losses that
it prevents (see Appendix 3).
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Recommendations
1. Maximise the benefits
All participating bodies in the NFI exercise should ensure that they maximise the benefits of their participation.
This includes reviewing matches timeously and prioritising high-risk matches.
NFI users should review the guidance within the NFI secure web application, to help ensure the most effective
use of limited resources when reviewing and investigating NFI matches.
2. Self-appraisal
The NFI self-appraisal checklist should be reviewed by the audit committee, or equivalent, and staff leading
the NFI process. This is to ensure that their organisation’s planning, approach, and progress during the next NFI
exercise is appropriate.
3. Take improvement action
Where local auditors have identified specific areas for improvement, participating bodies should act on these as
soon as possible.
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Page 194

Outcomes from 2020/21 National Fraud Initiative
Trends in overall outcomes between 2018/19 and 2020/21 NFI exercises
4 cases
referred for prosecution
in Scotland 
NFI outcomes
UK NFI outcomes
£14.9 million
NFI outcomes in Scotland from
the 2020/21 exercise
£158.5 million
NFI outcomes cumulatively in
Scotland since 2006/07
£442.6 million
from the 2020/21 exercise
£2.4 billion
cumulatively since 2006/07
20/21
06/07
Since
NFI participants include all councils, NHS bodies, colleges and all larger central government bodies,
for example, the Scottish Government, Revenue Scotland and Transport Scotland. In addition, 
14 councils include data from Arm’s-Length External Organisations (ALEOs), joint boards or
subsidiaries within their NFI submissions. A list of all participating bodies is available on our website.
Reduced levels of outcomes could be due to less fraud and error in the system, strong internal controls
or some key datasets from previous years not being included in the latest exercise. Residential care
home data, direct payments and social care customers’ data were not matched in the 2020/21 exercise
due to a legal question being raised around the definition of patient data. Immigration data was also not
included in the 2018/19 and 2020/21 exercises due to restrictions placed on it by the Home Office.
NFI participants have identified pressures on staffing and services particularly because of the 
Covid-19 pandemic, and the strengthening of controls where previous fraud or error has been
identified, as contributing to reduced outcomes in the 2020/21 exercise.
The number of public bodies
participating in the NFI
exercise has increased by
eight since the last exercise,
to 132 bodies.
The number of matches
generated has fallen by
over 73,000 since the last
exercise, to 507,354.
Outcomes in Scotland have
fallen by £0.4 million since
the last exercise, from 
£15.3 million to £14.9 million.
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Having fewer outcomes provides some assurance there does not appear to be significant
problems in the areas covered by the exercise. However, participants still benefit from the
deterrent effect the NFI creates.
The fall in the number of matches is mainly due to the matches between housing benefit and
payroll or pensions not being included in the matches returned to councils during the 2020/21
NFI exercise. Instead, this data was matched in Department for Work and Pensions (DWP)
systems (see page 11). In addition, the removal of immigration, residential care home, direct
payments and social care customers’ data has also reduced the number of matches.
Four cases were referred to the Crown Office and Procurator Fiscal Service for prosecution. 
One resulted in Police Scotland issuing a caution and the offender is now repaying the money.
The outcomes from the other three cases are not yet known.
Although the main purpose of the NFI is to ensure funds and services are provided to the
correct people, the review of NFI matches may also identify that a customer is entitled to
additional services or payments.
A breakdown of the recorded outcomes for Scottish participants is on our Counter-fraud hub.
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Results
Overall outcomes
How the latest outcomes compare to the last exercise
The areas with significant changes are:
NFI outcomes in Scotland have fallen
by £0.4 million, to £14.9 million in the
2020/21 exercise
Housing benefit Pensions
£ m
illion
Council tax Creditors Blue badges Housing Council tax
reduction scheme
Waiting lists
2018/19
2020/21
0
1
2
3
4
5
Housing
benefit
£1.6m
Pensions
£1.7m
Council tax
£0.3m
Creditors
£0.1m
Blue
badges
£0.9m
Housing
£0.8m
Council tax
reduction
scheme
£0.4m
Waiting
lists
£0.1m
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NFI participants have cited the following reasons as to
why outcomes are less in the 2020/21 exercise:
• staff have had less time available to commit to NFI because of the
added pressures on services caused by the Covid-19 pandemic
• external agents were used instead of the NFI to carry out certain data
matching such as the council tax single occupant discounts
• new controls were introduced because of previous errors identified
through the NFI
• a new system was introduced for reporting the death of customers.
More information about the outcomes for each category is provided on
pages 8 to 15.
A full breakdown of outcomes for each participating body is available on
our Counter-fraud hub.
Once overpayments have been identified, public bodies can take
appropriate action to recover the money.
How NFI matches help to identify areas for improvement
The NFI exercise has helped participants to identify system weaknesses
and to make improvements. These include the introduction of:
• a more robust control environment in the creditors system. This
includes monthly purchase ledger reviews, improved checks on
new suppliers, and controls to identify duplicate payments and
duplicate suppliers
• revised procedures when setting up new suppliers
• a review and cleansing of data held in systems
• strengthened controls in the blue badge system
• improved controls around the change of bank details
• a review of policies aimed at supporting good governance such as
declaring interests, registering of conflicts of interest and checks for
identifying potential related parties.
(95%) of cash overpayments
were being recovered
At 31 March 2022
£4.3 million31
March
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Council tax discounts
People living on their own, or with no countable adults in the household,
are eligible for a 25 per cent single person discount (SPD) on their annual
council tax bill.
Council tax data is matched to:
Electoral register
2014/15 2016/17 2018/19 2020/21
£5.6m
£4.4m
£4.9m
£4.6m
Outcomes
2014/15 2016/17 2018/19 2020/21
4,846 4,802 4,588
3,720
Cases
£4.6 million £1,248 3,720
Total outcomes 
in 2020/21 exercise
Average outcome Cases
The 2020/21 NFI exercise found that the total
council tax discount incorrectly awarded across
Scottish councils totalled £4.6 million.
Four councils reported that they did not use the
NFI and instead used alternative data matching
or verification arrangements to review SPD
cases during 2020/21. The graphs below include
outcomes from the other 28 councils.
Note. Due to an error with the data deletion
schedule in the Cabinet Office, some
supporting evidence for 11 councils was
inadvertently deleted. Therefore, full supporting
documentation is not available for these
councils. The Cabinet Office has taken steps 
to prevent this error from re-occurring.
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Blue badges
The blue badge parking scheme allows people with mobility problems
to park for free at on-street parking meters, in ‘pay and display’ bays, in
designated blue badge spaces, and on single or double yellow lines in
certain circumstances.
Blue badge data is matched to:
Deceased
persons
Amberhill
data1
1. Amberhill is a system used by the
Metropolitan Police to authenticate
documents presented for identity
£2.7 million 4,616 1,401
Total outcomes 
in 2020/21 exercise
Total number of blue
badge outcomes in
2018/19 exercise
Increase from NFI
2018/19 exercise
2014/15 2016/17 2018/19 2020/21
£1.8m
£2.6m
£1.8m
£2.7m
Outcomes
2014/15 2016/17 2018/19 2020/21
3,073
4,505
3,215
4,616
Badges
The 2020/21 NFI exercise identified 4,616 blue 
badge outcomes, an increase of 1,401 (44 per cent)
since the last exercise. The estimated value of 
these outcomes is £2.7 million.
Blue badges are sometimes used or renewed
improperly by people after the badge holder has
died. It is an offence for an unauthorised person 
to use a blue badge.
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Page 200

Pensions
The NFI provides both councils that administer pensions and the Scottish
Public Pensions Agency (SPPA) with an efficient and effective way of
checking that they are only paying people who are alive.
Pension data is matched to:
Deceased
persons Payroll Housing
benefit
Injury
benefits
Amberhill
data
In total, pension outcomes for the 2020/21 
NFI exercise are £1.5 million, down £1.7 million
(53 per cent) from the 2018/19 NFI exercise.
This includes two outcomes identified through
the pre-application screening (AppCheck)2 part 
of the NFI system.
Pension outcomes may have fallen due to the
‘tell us once’3 reporting process and to controls
working effectively within pension bodies.
Case study
An NFI match identified one
fraud with a gross annual pension
amount of £10,560 which was
stopped and resulted in an overpayment
of £6,601. The fraudster had notified
Fife Pension Fund of a change of bank
details for receipt of the pension after the
pensioner had died. The council reported
the fraud to Police Scotland which identified
the person who submitted the fraudulent
bank mandate. Following a police caution,
the full amount was repaid. This case was
reported as part of a 2020/21 NFI Progress
Update to both the council’s Standards and
Audit Committee and the Superannuation
Fund & Pensions Committee in December
2021 for their consideration.
2. AppCheck is an NFI data matching service
used at point of applications for a service
or benefit.
3. ‘Tell us once’ is a service that lets you report
a death to most government organisations
when registering the death.
£1.5 million £1.7 million
Total outcomes in 2020/21 exercise Reduction on the 2018/19 NFI exercise
2014/15 2016/17 2018/19 2020/21
£1.5m
£3.2m
£5.4m
£4.6m
Outcomes
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Page 201

Housing benefit
Housing benefit helps people on low incomes pay their rent. The NFI
provides councils and the DWP with the opportunity to identify a wide
range of benefit frauds and errors.
Housing benefit data is matched to:
Student loans Housing
benefit
Housing
tenants
Right to buy
(in England) Licences
Deceased
persons
Amberhill
data
2014/15 2016/17 2018/19 2020/21
£3.0m
£2.1m
£2.8m
£1.2m
Outcomes
2014/15 2016/17 2018/19 2020/21
868
710
1,238
177
Cases
The value and number of housing benefit cases
recorded with overpayments has significantly
reduced, from £2.8 million from 1,238 cases in the
2018/19 NFI, to £1.2 million from 177 cases in the
2020/21 NFI. Over the same period, the average
individual value of overpayments has risen from
£2,292 in 2018/19 to £6,663 in 2020/21.
The fall in outcomes is mainly due to the
matches between housing benefit and payroll or
pensions not being included in the 2020/21 NFI
exercise. These matches historically identified
significant outcomes.
These matches were not included in the
2020/21 NFI exercise as similar data matching
is undertaken by the DWP’s Verify Earnings and
Pensions (VEP) Alerts service which identifies
discrepancies between payroll and pension
details held by HM Revenues & Customs and
council benefits services. Alerts from VEP are
sent to councils to investigate discrepancies.
£1.2 million £6,663 177
Total outcomes 
in 2020/21 exercise
Average individual
value of overpayments
Cases
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Page 202

Housing tenancy
The NFI uses housing tenants’ data to identify possible cases of tenancy
fraud. This may happen when a tenant has sublet their property. It also
helps identify cases where the tenant has died, and the property is either
empty or has other individuals living in it.
Housing tenancy data is matched to:
Waiting list Housing benefit Housing tenants Right to buy 
(in England)
Deceased 
persons Amberhill data Council tax
reduction
NFI matches resulted in councils recovering ten
properties as part of the 2020/21 NFI exercise,
compared to one property in 2018/19.
The estimated value of these cases is 
£0.93 million, based on a calculation of the
average four-year fraudulent tenancy.
£0.9 million 10
Total outcomes in 2020/21 exercise Cases
Outcomes
Cases
2016/17 2018/19 2020/212016/17 2018/19 2020/21
2
1
10
£0.2m
£0.1m
£0.9m
Case study
An NFI match identified a
Midlothian Council tenant who
had failed to disclose that they
had purchased a property within another
council area at the same time they had
been allocated a council house. Enquiries
established the tenant moved into the
owned property ten years ago and sublet
their council house to a family member.
The council has recovered the property.
Outcomes Cases
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Council tax reduction
Council tax reduction helps people on low incomes to pay their council tax
bills. The NFI provides councils with the opportunity to identify a range of
council tax reduction frauds and errors.
Council tax reduction data is matched to:
Council tax
reduction Payroll Pensions
payroll
Housing
benefit
Housing
tenants
Right to buy
(in England) Licences Deceased
persons Amberhill data
This is a relatively new match which has been
included in the NFI since 2016/17.
Outcomes of £0.7 million were identified in the
2020/21 NFI, an increase of £0.4 million from
the £0.3 million reported in 2018/19.
Councils have identified 772 cases in 2020/21,
more than 2.5 times the number of cases in
2018/19 (280).
One council advised that the increase in
outcomes was directly caused by the Covid-19
pandemic. For example, an increase in mortality
rates for those with underlying health conditions
disproportionately impacted on people in receipt
of disability benefits, council tax reduction and
blue parking badges. In addition, there was an
increase in the number of un-notified increases
in the hours worked by those in lower paid
service jobs who are more likely to be in receipt
of council tax reduction.
2016/17 2018/19 2020/21 2016/17 2018/19 2020/21
115
280
772
£0.5m
£0.3m
£0.7m
Outcomes
Cases
£0.7 million 772
Total outcomes in 2020/21 exercise Cases
Case study
An NFI match identified that a
council tax reduction claimant in
Renfrewshire Council had failed to
declare their company pension and pension
lump sum. This resulted in the claimant
fraudulently receiving £14,450 council tax
reduction. This amount is being recovered by
the council.
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Housing waiting lists
The NFI uses housing waiting list data to identify possible cases of waiting
list fraud. This may happen when a person has registered on a council’s
waiting list but there are possible undisclosed changes in circumstances
or false information has been provided. Social housing provides affordable
accommodation, allocated according to need. It usually provides a more
secure, long-term tenancy when compared to private renting.
Housing waiting list data is matched to:
Waiting list Housing benefit Housing tenants Right to buy
(in England)
Deceased
persons Amberhill data
Councils identified 187 cases in 2020/21 
where applicants were removed from waiting
lists (230 in 2018/19).
The estimated value of these cases is 
£0.6 million. This is based on a calculation of
the annual estimated cost of housing a family
in temporary accommodation and the likelihood
a waiting list applicant would be provided a
property (see Appendix 3).
£0.6 million 187
Total outcomes in 2020/21 exercise Cases
2016/17 2018/19 2020/21
£0.3m
£0.7m
£0.6m
Outcomes
2016/17 2018/19 2020/21
90
230
187
Cases
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Page 205

Creditors
2014/15 2016/17 2018/19 2020/21
£0.7m
£1.1m
£0.6m
£0.5m
2014/15 2016/17 2018/19 2020/21
139
168
147 144
The NFI provides an efficient way to check for duplicate payments and that
payments are only made to appropriate creditors. A creditor is a person or
an organisation that a public body pays money to for a good or service.
Creditor data is matched to:
Creditor data Payroll
The 2020/21 NFI exercise identified 144 creditor
outcomes of £0.5 million, a fall of three outcomes
and £0.1 million from 2018/19. Recovery action is
taking place for these overpayments.
£0.5 million 100% 144
Total outcomes 
in 2020/21 exercise
Recovery action 
is taking place
Cases
Outcomes
Cases
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Page 206

Other data matches
Payroll
The NFI also matches all participating bodies’ employee payroll
data as well as those of MSPs and councillors to identify cases of
potential payroll fraud. The 2020/21 NFI exercise identified three
outcomes valued at £27,000 compared to eight outcomes valued 
at £20,000 in the 2018/19 exercise.
Past NFI exercises have identified larger outcomes for payroll. 
This fall in outcomes is partly due to immigration data not being
included in the 2020/21 exercise due to restrictions placed on it by
the Home Office.
2018/19
£20,000 £27,000
2020/21
three outcomes valued ateight outcomes valued at
Case study
An NFI match identified an employee who left Fife Council
in September 2019 and who continued to be paid their
salary until February 2021. The council overpaid a total of £20,288 to
the ex-employee. Recovery of the overpayment is in progress and
internal audit services have investigated the circumstance surrounding
the overpayment. Recommendations for improvements have been
discussed with management and an audit on the council’s leavers
process is part of the 2022/23 Internal Audit Plan. This case was
reported as part of a 2020/21 NFI Progress Update to the council’s
Standards and Audit Committee in December 2021 for consideration.
Case study
New NFI matching of non-domestic rates small business
bonus scheme (SBBS) in East Dunbartonshire Council
identified a case where a ratepayer had failed to declare other business
premises in another council area. This resulted in almost £11,000 in
SBBS relief being claimed from April 2018. The case is being referred
to the Crown Office and Procurator Fiscal Service for prosecution.
We understand this is the first business rates case to be reported for
prosecution in Scotland.
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Page 207

Councils Central 
government NHS Colleges Total
£601,591 £483,943 £100,456 £0 £1,185,990
2018/19 2018/19 2018/19 2018/19 2018/19
£854,760 £759,879 £120,408 £12,672 £1,747,719
Matches benefiting other public bodies
A key benefit of a UK-wide data matching exercise is that it enables matches to be made between bodies and across
national borders. For those public bodies taking part in the NFI which may not always identify significant outcomes from
their own matches, it is important to appreciate that other bodies and sectors may do so.
Most of these outcomes relate to housing benefits, housing waiting list
and council tax reductions where, for example, payroll data from an NHS
board may allow a council to identify a council tax reduction fraud or error.
Data provided by Scottish participants for the 2020/21 NFI exercise
helped other public bodies, both within and outwith Scotland, to identify
outcomes worth £1.2 million (a reduction of £0.5 million from 2018/19).
The National Fraud Initiative in Scotland 2022 | 17 |
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Page 208

How bodies worked with the NFI in 2020/21
How bodies work with the NFI
Auditors reviewed each participating body’s planning and progress with the
NFI and provided recommendations for improvement where appropriate.
Overall rating of NFI arrangements by year
Local
government
2016/17
Local
government
2018/19
Local
government
2020/21
Central
government
2016/17
Central
government
2018/19
Central
government
2020/21
NHS
2016/17
NHS
2018/19
NHS
2020/21
Colleges
2016/17
Colleges
2018/19
Colleges
2020/21
Percentage
0
20
40
60
80
100
Satisfactory Mostly adequate Unsatisfactory
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Most participating bodies continue to demonstrate a strong commitment
to counter fraud and the NFI. However, across all sectors, a smaller
percentage of participating bodies managed their roles in the 2020/21
NFI exercise satisfactorily compared to the 2018/19 NFI exercise.
Auditors identified that some bodies could be more pro-active in their
approach to the NFI. One central government body was unable to review
matches due to a cyber-attack, one council did not review matches
citing resource issues as the reason, and a central government body was
unable to action matches due to the impact of reallocating resources to
the provision of Covid-19 grant funding to organisations.
Six key contacts felt they did not have sufficient time and/or resources 
to allow them to oversee the NFI exercise. In four bodies, the key contact
considered that they lacked sufficient authority to seek action across the 
relevant departments.
The Covid-19 pandemic created additional pressures for public bodies
and impacted upon the resources available to support the NFI exercise.
Auditors reported that 15 bodies reduced their participation in the NFI
exercise due to resourcing issues including staff vacancies, sickness
absences or changing priorities as a result of Covid-19.
We recommend that all bodies use our checklist to self-appraise their
involvement in the NFI before and during the 2022/23 NFI exercise. 
For the 2020/21 NFI exercise, 64 per cent of bodies completed the
checklist, although not all presented it to their audit committee; 
ten per cent reviewed it but did not complete it; and just over a quarter
did not review it. This was reported as being because either the key 
NFI contact had changed and was unaware of the checklist, staff had
prior experience of the NFI process, and Covid-19 pressures.
A key contact is appointed by the NFI
participating body. They are responsible
for coordinating and monitoring the
overall NFI exercise, ensuring outcomes
from investigations are accurately recorded and
nominating appropriate users of the NFI system.
64%
26%
10%
completed the checklist
did not review it
reviewed it but did not complete it
Public bodies usage of our NFI checklist
20/21
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Pilots help identify the value 
of extending the NFI exercise
Audit Scotland undertakes new areas of data matching on a
pilot basis to test their effectiveness in identifying fraud.
Only pilots which achieve matches that demonstrate a significant level
of success are extended nationally and included in the main NFI exercise
going forward. A small number of serious incidents of fraud or a larger
number of less serious ones may both be considered successful.
The NFI pilots undertaken or under way over the last two years are
shown on the following pages.
Exemptions for NHS dental
and ophthalmic charges
Data matching was undertaken to help identify NHS patients who have
claimed to be exempt from NHS dental and ophthalmic charges, when they
are not entitled. Patient exemption claims were matched to payroll data
to ensure that dental and ophthalmic exemptions, eg for glasses or dental
treatment, are only awarded to those patients qualifying for exemptions. 
NHS Scotland Counter Fraud Services (CFS) received the matches in the
second half of 2019. It worked to identify the highest-risk matches and
then started verifying payroll details before undertaking investigations. 
As part of this investigative work, CFS asked dentists and opticians to
supply the original exemption claim signed by the patient. However, CFS
was unable to progress this part of the investigation due to dentists,
opticians and the CFS being required to close down due to Covid-19
lockdown restrictions. CFS then decided not to use the matches as
originally intended but instead use them as intelligence, for example, as
an alert if the same people claim again. CFS considered it not worthwhile
re-doing the pilot in 2021 as there were very few exemptions claimed
between April to December 2020. This was due to opticians and dentists
initially being closed and then only able to do emergency treatment
which was free of charge. CFS intends to re-run the exercise after new
payroll data goes into NFI in autumn 2022.
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Covid-19 grants
for businesses
Following a Covid-19 grants data matching pilot exercise in
England in the summer of 2020, it was decided to expand
the English pilot to cover Covid-19 business grants paid to 
Scottish businesses.
These grants were paid under the Small Business Grant Fund (SBGF)
and the Retail, Hospitality and Leisure Grant Fund (RHLGF). Scottish
councils submitted data from early in 2021. Initial matches were released
in April 2021, however, match numbers were low. The Scottish schemes
were more complex than similar schemes in other parts of the UK, eg 
in respect to second and subsequent properties held by each ratepayer.
As a result, the algorithms were rechecked and additional matching 
was undertaken.
Additional matches were released in September 2021. Despite the data
having been rematched, only one fraudulent grant payment of £25,000
was identified. Due to Covid-19 grant payments having stopped, it is not
expected that this matching will be required again. However, the systems
are in place should the matching be required for any similar grants or
payments in the future.
Additional counter-fraud
measures introduced by NFI
participants in respect of
Covid-19 grant funding
Auditors identified that around 43 per cent of NFI participating bodies
awarded Covid-19 funding during the pandemic.
Almost three-quarters of these bodies introduced additional counter-
fraud measures such as new internal controls. This included actively
working through national networks, such as the Scottish Local Authority
Investigators Group, the Institute of Revenues Rating and Valuation,
the National Anti-Fraud Network, and with Police Scotland as well as
strengthening internal controls. This resulted in, for example, Dundee
City Council preventing 143 attempted fraudulent applications valued at
£381,500 from being paid in 2020/21. It also resulted in Aberdeenshire
Council identifying eight fraudulent grants totalling £107,000 plus 
14 attempted frauds totalling £151,000. The bodies that did not take
additional counter-fraud measures reported these were not necessary as
for some, payments were made to existing customers using the existing
controls whereas others relied on existing controls around the setting up
of new suppliers and associated payments.
Only one fraudulent grant
payment of £25,000 was identified Aberdeenshire Council identified eight
fraudulent grants totalling £107,000
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Non-domestic rates – Small
Business Bonus Scheme
In 2019/20, a pilot was undertaken with the Scottish
Government and seven Scottish councils to help identify businesses
inappropriately claiming Small Business Bonus Scheme (SBBS) relief. 
The SBBS provides rates relief to owners of non-domestic properties
with rateable values under certain thresholds.
The seven participating councils provided 81,827 ratepayer records to
the NFI system, which were then matched across the councils and with
data from Companies House in order to identify SBBS fraud. The pilot
identified £412,974 in incorrect awards.
Due to the success of this pilot, a national roll-out of this data matching
exercise was carried out in 2021/22.
The 2021/22 pilot identified 17,676 matches which resulted in £2.2 million
in incorrect SBBS relief being identified in 208 SBBS awards. Councils
will now try to recover SBBS which was incorrectly awarded. Recovery
is already in progress for 119 cases with a value of almost £745,000 in
incorrectly awarded relief.
Given the success of the 2021/22 pilot, consideration is now being given
as to how this data match can be repeated on a regular basis as part of
the main NFI exercise. The pilot report is available on our website.
National entitlement
cards for travel
The National Entitlement Card (NEC) is Scotland’s National
Smartcard. Supported by the Scottish Government to deliver national and
local services, the NEC makes it convenient for people to access various
public services and facilities with only one card. The NEC can be used for
services such as a travel pass, a library card, a leisure membership card
and a Young Scot card as well as providing access to other local services.
In 2021/22, a pilot was undertaken with Fife Council, to match travel
passes for elderly and disabled customers with deceased customer
records. Fife Council provided a total of 112,044 NEC records for matching
against deceased person records. This resulted in 1,737 matches being
identified for review by Fife Council (a return rate of 1.6 per cent).
Following Fife Council’s review, all 1,737 cards (100 per cent) were
cancelled on the NEC system as it was established that the customers
had died. This means no further cards can be requested for these
customers, and the card will be blocked should someone attempt to use
it. No matches were identified where the customer was still alive.
Thirteen matches showed cause for concern as the NECs appeared to
have been used after the death of the cardholder. Two of these cards
were used for journeys to the value of almost £2,300 for one, and £240
for the other. The value of the journeys for the other 11 cards varied from
£3.10 to £69.00.
Given the success of this pilot, consideration will be given as to how this
data match can be expanded to other councils in Scotland and included
in the main NFI exercise in the future. The pilot report is available on 
our website.
The pilot identified £412,974
in incorrect awards
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Social security benefits
A pilot is under way with Social Security Scotland to
identify any instances where claimants received support
but were not residing in Scotland, or where claimants
appear to have claimed benefits more than once, eg from more than
one Scottish address. Claimant data was matched to data already in the
NFI system from across the UK. Data was submitted in March 2022,
with matches released to Social Security Scotland in May 2022. Social
Security Scotland is currently reviewing the matches.
Police Scotland’s use
of AppCheck
Police Scotland’s Serious and Organised Crime Interventions
Team deals with vetting applications, eg for landlord registration and pre-
contract procurement check requests from public bodies such as councils
and the NHS. These checks aim to prevent and detect fraud within public
procurement and other public services such as landlord registration and
taxi licencing. Police Scotland is undertaking a pilot to identify if data in
the NFI data base can be used to help its vetting processes to prevent
and detect fraud. Data has yet to be shared.
A match was highlighted,
demonstrating the benefit AppCheck
can bring in preventing fraud
Applications for student
awards 
A pilot was undertaken with Student Awards Agency
Scotland (SAAS) to help confirm residency and address details for
students applying for awards for tuition fees, grants and bursaries. SAAS
funds students from Scotland and as such it is interested in verifying the
address of student applicants and flagging where students are potentially
fraudulently misrepresenting their address to benefit from the more
attractive financial support offered to Scottish students.
Student applications were matched against data held in the NFI system.
An initial batch of 50 applications was processed which SAAS found
very helpful in verifying and querying address details. One known fraud
was put through the NFI pre-application screening service (AppCheck)
to test the system. A match was highlighted, demonstrating the benefit
AppCheck can bring in preventing fraud.
SAAS is now looking to expand the pilot to allow the upload of a large
batch of applications to the NFI system quickly, securely and easily.
Case study
A new NFI pilot matching National Entitlement cards in 
Fife Council against deceased person records identified
one card that had been fraudulently used for bus travel valued at almost
£2,300 after the cardholder had died. Investigations are continuing into
the individual(s) who used this card.
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Future developments
The 2022/23 NFI exercise is due to start in late summer 2022. Datasets have been reviewed and updated as necessary.
Audit Scotland continues to work with the Cabinet Office
in developing new ways to prevent and detect fraud. This
includes piloting new data matching opportunities.
The Scottish Parliament approved The Digital Government (Scottish
Bodies) Regulations 2022 in March 2022. These Regulations name
Audit Scotland under Regulation 3 - ‘Scottish bodies for the disclosure
of information in relation to fraud against the public sector’. This allows
Audit Scotland to access HM Revenue & Customs income and savings
data for Scottish residents for future NFI exercises. This will help identify
outcomes where customers have received benefits and services above
what they are entitled to.
Audit Scotland continues to work with the Scottish Government in
promoting and enhancing participation in the NFI across Scotland.
The Scottish Parliament’s Public Audit Committee (PAC) is considering
the expansion of legislative powers around the NFI. This may include
expanding the NFI to bodies in receipt of significant amounts of public
funding that do not fall under the audit remit of the Auditor General for
Scotland or the Accounts Commission.
The Cabinet Office recently consulted on extending its legal powers
around the purposes for which data matching can be used. It is looking
to potentially extend its legal powers in the following areas:
• to assist in the prevention and detection of crime other than fraud
• to assist in the apprehension and prosecution of offenders
• to assist in prevention and detection of errors and inaccuracies. The
NFI data could be used to help public-sector bodies to ensure citizens
get access to their full benefit entitlements. For example, a number
of passported benefits across the welfare system entitle recipients
to help with housing costs, free school meals, etc. A match could
identify citizens entitled to additional help they are not claiming
• to assist in the recovery of debt owing to public bodies. Public bodies
may need to trace individuals with outstanding overdue debt and with
no arrangement to pay in place. In some instances, these individuals
may be difficult to trace. The NFI data could be used to help identify
where a debtor was living or working, for example.
The Cabinet Office is considering the responses and will publish a formal
consultation response in due course.
Section 97 of the Criminal Justice and Licensing Act 2010 already
permits Audit Scotland to use data matching for the first two purposes.
We will monitor developments.
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Appendix 1. Background to the NFI
The NFI is a counter-fraud exercise across the UK public sector which aims to prevent and detect fraud. The Cabinet Office
oversees it, and Audit Scotland leads the exercise in Scotland, working with a range of Scottish public bodies and external auditors.
The NFI uses data sharing and matching to help
confirm that services are provided to the correct people.
The NFI takes place every second year. 132 public-
sector bodies in Scotland participated in the 2020/21
exercise including councils, NHS bodies, colleges and
larger central government bodies such as the Scottish
Government, Revenue Scotland and Transport Scotland.
A full list of participants is available here.
The NFI enables public bodies to use computer 
data matching techniques to detect fraud and error.
We carry out the NFI under powers in The Criminal
Justice and Licensing (Scotland) Act 2010. It is
important for all parties involved that this exercise is
properly controlled, and data is handled in accordance
with the law. The Audit Scotland Code of Data
Matching Practice includes a summary of the
key legislation and controls governing the NFI data
matching exercise.
Although the main purpose of the NFI is to ensure
funds and services are provided to the correct
people, the review of NFI matches may also identify
that a customer is entitled to additional services or
payments, eg housing benefit matches may identify
customers entitled to council tax discount or reduction.  
Data matching exercise every
two years in partnership with
the Cabinet Office
Participating bodies submit
data to a secure website
NFI outcomes are reported by
participating bodies, auditors
and Audit Scotland 
The NFI system matches data
within and between bodies to
identify anomalies 
Auditors monitor participating
bodies' processes and progress
Potential anomalies called
‘matches’ are reported to
participating bodies to review,
investigate and record outcomes  
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Appendix 2. Costs and benefits
of participating in the NFI
The Scottish Parliament provides funding to Audit Scotland to cover public-sector participants’ NFI fees for the biennial data
matching exercise.
Participating bodies incur costs following up
matches and investigating. Participating bodies
also incur costs for pilot work and additional
services such as the AppCheck pre-application
screening and the ReCheck4 flexible data
matching service.
Many bodies do not keep separate records
for NFI costs as it is just one of many counter-
fraud activities they are doing. Those that
do have records were able to estimate that
their costs ranged from £500 to £71,000.
This compares favourably with the average
outcome for each public body in Scotland of
£113,000 for the 2020/21 NFI exercise.
Overall, the £14.9 million of outcomes from the
2020/21 NFI outweigh the costs.
£8,416 £204,500
Average reported cost of NFI
(total of 25 bodies)
Audit Scotland costs
4. ReCheck is a flexible data matching
service that complements the NFI biennial
national exercise. It allows NFI participants
re-perform the existing NFI data matching
at a time that suits them.
No. of bodies reported Cost range
Councils 0 £0
Other local 
government
bodies
2 £1,397 – £5,000
NHS bodies 7 £1,277 – £71,000
Central 
government
bodies
11 £590 – £20,000
Colleges 5 £500 – £6,000
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Appendix 3. Estimation bases
The figures used in this report for fraud, overpayments and errors include outcomes already delivered (actual amounts
participants have recorded) and estimates. Estimates are included where it is reasonable to assume that incidents of fraud,
overpayments and errors would have continued undetected without NFI data matching.
Details of estimate calculations used in the report are shown below.
Data match Basis of calculation of estimated outcomes 
Council tax single 
person discount  Annual value of the discount cancelled multiplied by two years. 
Housing £93,000 per property recovered, based on average four-year fraudulent tenancy. Includes: temporary accommodation for genuine
applicants; legal costs to recover property; re-let cost; and rent foregone during the void period between tenancies.
Housing benefit  Weekly benefit reduction multiplied by 21 weeks. 
Pensions  Annual pension multiplied by the number of years until the pensioner would have reached the age of 85. 
Payroll   £5,000 for each employee dismissed or resigns as a result of NFI matching, or £10,000 for each resignation or dismissal for
employees who have no right to work in the UK. 
Council tax 
reduction scheme Weekly change in council tax discount multiplied by 21 weeks.
Housing waiting lists £3,240 for each case based on the annual estimated cost of housing a family in temporary accommodation, the duration a fraud
may continue undetected and the likelihood a waiting list applicant would be provided a property.
Blue badges  Number of badge holders confirmed as having died multiplied by £575 to reflect lost parking and congestion charge revenue.
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The National Fraud
Initiative in Scotland
2022
Audit Scotland’s published material is
available for download on the website in a
number of formats. For information on our
accessibility principles, please visit:
www.audit-scotland.gov.uk/accessibility
For the latest news follow us on social media
or subscribe to our email alerts.
Audit Scotland, 4th Floor, 102 West Port, Edinburgh EH3 9DN
Phone: 0131 625 1500 Email: info@audit-scotland.gov.uk
www.audit-scotland.gov.uk
ISBN 978 1 913287 91 7
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