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Agenda Document Pack - Midlothian Council - 19/12/2023

Midlothian Council · 19 December 2023
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Page 1

Notice of Meeting and Agenda 
Midlothian Council 
Venue:  Council Chambers/Hybrid, 
Midlothian House, Dalkeith, EH22 1DN 
Date:  Tuesday, 19 December 2023 
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          Deputations 
No items for discussion 
5          Minutes
5.1 Minute of Midlothian Council 21 November 2023, submitted for
Approval
5 - 18
5.2 Minute Volume Index 19 - 20
5.3 Action Log 21 - 26 
6          Questions to the Council Leader 
No items for discussion 
7          Motions 
No items for discussion 
8          Public Reports
8.1 Annual Audit Report to Members and the Controller of Audit – year
ended 31 March 2023, report by Audit Scotland, External Auditors,
and Chief Financial Officer & Section 95 Officer
27 - 82
8.2 Treasury Management Mid-Year Review Report 2023/24, report by
Chief Financial Officer & Section 95 Officer
83 - 110
8.3 Medium Term Financial Strategy 2024/25 – 2028/29, report by
Chief Financial Officer & Section 95 Officer
111 - 118
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8.4 Non-Domestic Rates Relief Policy, report by Chief Officer Corporate
Solutions
119 - 130
8.5 Rent Pressure Zone, report by Executive Director Place 131 - 140
8.6 Annual Road Works Performance Report 2022/23, report by
Executive Director Place
141 - 262
8.7 Waste and Recycling Service Standards, report by Executive
Director Place
263 - 288
8.8 Fleet and Plant Asset Replacement Plan, report by Executive
Director Place
289 - 294
8.9 Scottish Government Consultation Response - Education Reform: A
Consultation on the provisions of the Education Bill, report by
Executive Director Children, Young People and Partnerships
295 - 300
8.10 Attainment Update for Midlothian in Primary and Secondary
schools, report by Education Chief Operating Officer
301 - 330
8.11 Annual Procurement Report 2022/23, report by Executive Director
Place
331 - 362
8.12 Rosewell to Auchendinny NCN 196 Pathway Upgrade, report by
Executive Director Place
363 - 366 
Exclusion of Members of the Public
(A) TO CONSIDER RESOLVING TO DEAL WITH THE UNDERNOTED
BUSINESS IN PRIVATE IN TERMS OF PARAGRAPHS 6, 9 AND 11 OF PART
1 OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973
- THE RELEVANT REPORTS ARE THEREFORE NOT FOR PUBLICATION;
AND
(B) TO NOTE THAT NOTWITHSTANDING ANY SUCH RESOLUTION,
INFORMATION MAY STILL REQUIRE TO BE RELEASED UNDER THE
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 OR THE
ENVIRONMENTAL INFORMATION REGULATIONS 2004. 
9          Private Reports
9.1 Midlothian Energy Limited – Business Plan 2024-28, report by
Executive Director Place 
9.2 Acquisition of Land for an All through School Campus in Shawfair
Town Centre from Network Rail, report by Executive Director Place 
9.3 A701 Relief Road and A702 Spur Road – Phasing, report by
Executive Director Place 
9.4 Midlothian House Building Fabric Upgrades 
9.5 Capital Plan Prioritisation and Strategic Infrastructure Investment
Framework, report by Executive Director Place 
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10    Date of Next Meeting 
The next meeting will be held on Tuesday, 27 February 2024 at 11am. 
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Minute of Meeting 
Midlothian Council 
Date Time Venue
Tuesday 21 November
2023
11.00 am Council Chambers, Midlothian
House/Hybrid 
Present:
Provost McCall (Chair) Depute Provost Bowen
Councillor Parry (Council Leader) Councillor Cassidy (Depute Council
Leader)
Councillor Alexander Councillor Curran
Councillor Drummond Councillor Imrie
Councillor McEwan Councillor McKenzie
Councillor McManus Councillor Milligan
Councillor Pottinger Councillor Russell
Councillor Scott Councillor Smaill
Councillor Winchester 
In attendance:
Dr Grace Vickers, Chief Executive  Kevin Anderson, Executive Director Place
Morag Barrow, Director of Health &
Social Care: Midlothian HSCP / Chief
Officer to Midlothian IJB
Fiona Robertson, Executive Director
Children, Young People & Partnerships
Alan Turpie, Legal and Governance
Manager/Monitoring Officer
David Gladwin, Chief Financial Officer
(Section 95 Officer)
Derek Oliver, Chief Officer Place Saty Kaur, Chief Officer Corporate
Solutions
Joan Tranent, Chief Officer Children’s
Services, Partnerships and
Communities
Fiona Clandillon, Head of Development
Lucy Roddie, Democratic Services
Officer
Hannah Forbes, Assistant Democratic
Services Officer 
Midlothian Council 
Tuesday 19 December 2023
Item No 5.1 
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1.   Welcome and Apology for Absence 
The Provost welcomed everyone to the meeting, advising that this meeting was
open to the public and would be webcast live. 
Apologies were received from Councillor Virgo, Anne-Theresa Lawrie and
Elizabeth Morton. 
2.  Order of Business 
As per the Agenda. 
3.  Declarations of interest   
No declarations of interest were intimated at this stage of the proceedings. 
4.  Deputations 
None. 
5.  Minutes of Previous Meetings 
Item No. Report Title Submitted by:
5.1 Minute of meeting of Midlothian Council
10 October 2023 submitted for approval
Executive Director Place
Outline and Summary of Discussion 
The Minute of the meeting of Midlothian Council on 10 October 2023 was submitted
and approved as a correct record, moved by Councillor Parry and seconded by
Councillor Cassidy. 
Further to the discussion that had taken place in relation to Item 8.4, Council House
Building Programme – Progress Update 2023, Councillor Smaill noted that the
Council had become contractually committed at the Newbattle site. Councillor Smaill
could not recall Councillors being sighted on expenditure for 90 houses at a cost of
£341,000 per unit, and raised a concern that cost escalation was not being
scrutinised by Elected Members. In response, Kevin Anderson, Executive Director
Place, reported that it had previously been indicated to Elected Members that the
Council was on site at Newbattle and a contractual commitment had already been
made. As agreed at the meeting of Midlothian Council on 10 October 2023, current
projects would not be paused. Kevin Anderson offered to provide further information
to Councillor Smaill following today’s meeting, or to update all Elected Members via
the action log.
In response to Councillor Smaill’s query about whether the projected 80% reduction
in heating costs in Passivhaus construction is supported by data, Kevin Anderson
reported that data analysis on three Passivhaus projects was ongoing.
Councillor Smaill asked if funding would be available from Scottish Government to
offset part of the cost of the Council’s social housing plan. In response, Kevin
Anderson confirmed the Council will receive subsidy value from Scottish
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Government for each Passivhaus development, noting different criteria existed
relative to the subsidy award depending on construction methodology and provision
of facilities. 
Further to the discussion which had taken place in relation to Item 8.3, Midlothian
Strategic Housing Investment Plan 2024/25 – 2028/29, Councillor Smaill asked
about the housing revenue account (HRA) and commented that Elected Members
were yet to see a projection showing that the construction of circa 370 houses can
be funded without using reserves. Councillor Smaill suggested that this would have
significant financial strain on the HRA and wondered whether these numbers were
achievable. In response, David Gladwin, Chief Financial Officer (Section 95 Officer),
reported that the 20-year HRA model is updated frequently, and Officers intend to
provide further detail to Elected Members in due course to address the questions
that have been asked. 
In response to a question from Councillor Smaill, David Gladwin confirmed that while
the value of the house is written down from the date of completion to the date of its
addition to the balance sheet as an asset, the loss does not hit the HRA or any cash
reserves, therefore there are no direct financial implications for the Council. 
Decision
The Minute of the meeting of Midlothian Council of 10 October 2023 was approved.
Action
Democratic Services 
Item No. Report Title Submitted by:
5.2 Minute Volume Index  Executive Director Place
Outline and Summary of Discussion 
The following minutes were previously circulated to Members and subsequently
noted and/or the recommendations contained therein approved:
• Audit Committee Minute of 26 June 2023 
• Cabinet Minute of 5 September 2023 
• General Purposes Committee Minute of Meeting of 22 August 2023 
• Performance Review and Scrutiny Committee Minute of 20 June 2023
• Performance Review and Scrutiny Committee Minute of 19 September 2023
• Planning Committee Minute of 12 September 2023 
• Local Review Body Minute of 19 June 2023 
Moved by Councillor Parry. Seconded by Councillor McKenzie.
Decision
All to note.
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Action
All 
Item No. Report Title Submitted by:
5.3 Action Log Executive Director Place
Outline and Summary of Discussion
The Action Log was noted. 
In relation to Action 13, Council House Building Programme Progress Update 2023,
Councillor Smaill asked if the Passivhaus guarantee was supported in data or was
only aspirational. In response, Kevin Anderson offered to incorporate further detail
in a report to come back to Council, relative to the cost-benefit analysis. 
Decision
The Action Log was noted. 
Action
Democratic Services 
6.  Questions to the Leader of the Council 
None received 
7.  Motions 
Item No. Notice of Motion Submitted by:
7.1 Commissioner for Older People Councillor Russell and
Councillor Imrie
Outline and Summary of Discussion
The Notice of Motion was proposed by Councillor Russell and seconded by
Councillor Imrie.
Councillor Russell reported that several organisations, including Age Scotland and
Independent Age, had called for a new Commissioner to champion the rights of older
people in Scotland. Councillor Russell noted that the Covid-19 pandemic had
highlighted the absence of an overarching body to represent older people. The
proposed legislation is considered to be paramount to the care of our older
generations. 
Decision
The Notice of Motion was moved.
Action
Executive Director Place
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Item No. Notice of Motion Submitted by:
7.2 Gaza Councillor McManus and
Councillor Cassidy
Outline and Summary of Discussion
The Notice of Motion was proposed by Councillor McManus and seconded by
Councillor Cassidy.
Councillor Milligan proposed an amendment to the motion, seconded by Councillor
Imrie, namely, the addition of the following paragraph: “We also recognise that in
order for any ceasefire to work it requires all sides to comply; is horrified by the
Hamas statement that they would repeat the October 7th attacks and continue
rocket fire; regrets that Benjamin Netanyahu has stated they will not even consider
a ceasefire; therefore calls on the international community to use every form of
diplomacy to try and create the conditions on the ground to make a ceasefire a
reality; calls on the International Criminal Court to investigate the conduct of all
parties in this conflict; and reaffirms our commitment to a lasting peace and a two
state solution with the end of illegal occupation, siege, and settlements.”
Councillor Milligan moved the proposed amendment to the motion, seconded by
Councillor Imrie.
The Notice of Motion as amended was moved by Councillor McManus and
seconded by Councillor Cassidy.
Councillor Winchester thereafter made a personal statement. Councillor Winchester
and Councillor Smaill noted they would be abstaining from the motion. 
A 1 minute silence followed in recognition of all those who have lost their lives as
part of the conflict.
Decision
The Notice of Motion as amended was moved.
Action
Executive Director Place 
8.  Reports 
Report No. Report Title Submitted by:
8.1 Financial Monitoring 2023/24 – General
Fund Revenue
Chief Financial Officer
(Section 95 Officer)
Outline and Summary of Discussion
David Gladwin, Chief Financial Officer (Section 95 Officer), introduced the report.
The purpose of report is to provide Council with information on projections of
performance against service revenue budgets in 2023/24. David Gladwin reported
that Midlothian Council is in an extremely challenging financial position. Section 3 of
the report outlines the most significant areas of variance against budget. Cost
pressures mainly relate to familiar areas of financial pressure including school
transport, fleet repairs and energy costs, alongside partial delivery of income targets
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in some areas and slower than anticipated delivery of Medium Term Financial
Strategy approved savings. The Corporate Management Team have agreed
immediate remedial action. Mitigating measures and next steps are outlined in
Section 3.3 of the report.
Council is recommended to:
a) Approve a supplementary estimate of £0.490 million to cover the unbudgeted
cost of pay in 2023/24 (sections 3.6 and 3.7);
b) Note projections of revenue costs and income in 2023/24 against budget; 
c) Note the projected General Fund Reserve Balance at 31st March 2024;
d) Note recovery actions agreed by the Corporate Management Team in
response to areas of projected overspend (section 3.3); and
e) Note the contents of this report. 
The Provost thanked David Gladwin for the report and opened it up to questions.
Councillor Parry noted her concern around the overspend but was reassured that
work was continuing at pace to reduce overspends and progress savings projects. 
Councillor Parry noted that the comparably late UK government budget and
following Scottish Government budget creates uncertainty. The Council Tax freeze
will also have budgetary implications. The UK government recently announced
Levelling Up 3 funding and Councillor Parry expressed her disappointment that
Midlothian Council had received no allocation, nor even the opportunity to apply for
this funding. Councillor Parry reported that she intended to write to Michael Gove,
Levelling Up Cabinet Secretary, to express the Council’s disappointment and sought
the support of other Elected Members. Councillor Milligan and Councillor Imrie
expressed their support. Councillor Parry had also written to the UK Government,
Scottish Government and COSLA ahead of the budget settlements. 
Councillor Parry moved the report. 
Councillor Milligan commented that Elected Members need to be presented with
profit and loss detail to inform decision making and gave the example of Destination
Hillend, where the figures show projected income, not shortfall, which creates
confusion when scrutinising the figures. Councillor Milligan referenced the
underspend of £2.6 million and noted that this can be attributed to projects which
are behind schedule. In reference to Destination Hillend, Councillor Smaill noted that
project costs would increase given the delays and suggested it would be prudent to
consider whether the project is still viable, raising the matter of liability. 
Councillor Milligan requested clarification on income targets and noted that profit
and loss detail would be useful. In response, David Gladwin provided assurances
that the income targets had been approved by Elected Members. David Gladwin
acknowledged that, post-pandemic, the legitimacy of targets is in question. Council
Officers will provide greater detail via the Business Transformation Steering Group
(BTSG) and income targets will form part of that. 
Councillor Winchester requested further information on the £879k overspend
against pupil transport and asked how this was possible, as it could reasonably be
assumed that Midlothian Council would be aware of the number of pupils requiring
transport at beginning of the school year. 
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At this point, Councillor Curran raised a declaration of interest and left the Chamber
at 11.38. 
Fiona Robertson, Executive Director Children, Young People & Partnerships,
reported that while the number of pupils requiring transportation are known, the
reasons for overspend are complex and numerous, referencing variation in contracts
from year to year, changing routes and increasing pupil numbers. Costs of providing
transport have increased significantly. The framework will be reviewed as part of the
home to school transport consultation. 
Councillor Curran re-entered the Chamber at 11.40. 
In relation to Council’s reduction in financial exposure to the Integrated Joint Board
(IJB), Councillor Smaill asked if the Council risks a large negative variance. David
Gladwin reported that, as a last resort, the integration scheme allows for the MIJB
to seek additional financial support from its partners, and acknowledged this was
therefore a risk. David Gladwin commented that the IJB would report its Q2 financial
position in December 2023 and noted that an overspend was projected. 
Councillor Imrie queried the robustness of estimates, and the extent to which these
were scrutinised, commenting that greater detail on the Council’s actual income and
projected income would be useful. David Gladwin acknowledged the requirement
for presentational enhancement and thanked Elected Members for their feedback.
David Gladwin noted that greater detail was captured in the Transformation
Blueprint and was discussed at regular meetings of the Business Transformation
Steering Group. 
Councillor Milligan seconded the report. 
Decision
1. Council agreed to:
a) Approve a supplementary estimate of £0.490 million to cover the unbudgeted
cost of pay in 2023/24 (sections 3.6 and 3.7);
b) Note projections of revenue costs and income in 2023/24 against budget; 
c) Note the projected General Fund Reserve Balance at 31st March 2024;
d) Note recovery actions agreed by the Corporate Management Team in
response to areas of projected overspend (section 3.3); and
e) Note the contents of the report. 
2. David Gladwin agreed to make enhancements to the report to ensure income
targets were explicitly clear. 
3. Council agreed to write to Michael Gove, Levelling Up Cabinet Secretary, to
express its disappointment that Midlothian Council had received no Levelling Up
3 funding allocation, nor even the opportunity to apply for this funding, and to
request that Midlothian Council be considered for any available underspend. 
Action
1. All
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2. Chief Financial Officer (Section 95 Officer)
3. Council Leader 
Report No. Report Title Submitted by:
8.2 Housing Revenue Account - Revenue
Budget and Capital Plan 2023/24
Chief Financial Officer
(Section 95 Officer)
Outline and Summary of Discussion 
David Gladwin, Chief Financial Officer (Section 95 Officer), introduced the report.
The purpose of the report is to provide Council with a summary of expenditure and
income to 29 September 2023 for the Capital Plan and a projected outturn for both
the Housing Revenue Account (HRA) and Capital Plan for 2023/24.
Council is recommended to:
a) Delegate to the Executive Director Place discretion to apply cross year
budget flexibility to pursue any additional buy-back purchase opportunities
that offer best value; and
b) note the contents of the report. 
The Provost thanked David Gladwin for the report and opened it up to questions.
Councillor McKenzie noted the difficulties of retrofitting and commented that the
flexibility to buy housing stock via the open market could be considered beneficial. 
In response to a question from Councillor Curran, Kevin Anderson, Executive
Director Place, confirmed the continuation of governance arrangements for buy-
back purchase opportunities. 
Councillor Smaill commented that he would support Council activity in the housing
market, recognising the environmental benefits of improving the insulation and
glazing of existing properties. Councillor Smaill also noted the disadvantage that the
Council would not be adding to the total housing stock, but given the length of the
housing waiting list, it could be considered sensible for the Council to pursue buy-
back purchase opportunities. 
Councillor McKenzie moved the report. Seconded by Councillor Curran.
Decision
Council agreed to:
a) Delegate to the Executive Director Place discretion to apply cross year
budget flexibility to pursue any additional buy-back purchase opportunities
that offer best value; and
b) note the contents of the report. 
Action
Chief Financial Officer (Section 95 Officer) 
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Report No. Report Title Submitted by:
8.3 General Services Capital Plan 2023/24
– Quarter 2 Monitoring
Chief Financial Officer
(Section 95 Officer)
Outline and Summary of Discussion 
David Gladwin, Chief Financial Officer (Section 95 Officer), introduced the report.
The purpose of the report is to provide Council with a note of the inclusion of the
projects listed in Section 1 of the General Services Capital Plan (GSCP), information
on the projected performance against budget for 2023/24 (Section 4), and update
on the Capital Fund (Section 5).
It is recommended that Council:
a) Approve the addition of the project budgets set out in Section 3.1;
b) Note the forecast outturn for expenditure (after reflecting rephased project
budgets), funding and borrowing, as outlined in Section 4.  
The Provost thanked David Gladwin for the report and opened it up to questions.
Councillor Parry moved the report. Councillor Parry noted that the projects listed in
Section 3.1 of the report are funded by developer contributions and external grant
funding. 
With reference to the Millerhill Park Asphalt Path project in Section 3.1 of the report,
Councillor Curran asked if further approval was required from the Capital Board and
Midlothian Council for any available underspend to be allocated to the new
community hub. Alan Turpie, Legal Services Manager, confirmed that Councillor
Curran’s request amounted to a formal amendment to the recommendation. 
Councillor Parry moved the report recommendations as amended. Seconded by
Councillor Cassidy. 
In relation to the Destination Hillend project, Councillor Smaill sought confirmation
that the project was under review and the current cost estimate was therefore
subject to change. In response, David Gladwin noted that, as part of the ongoing
Capital Plan Prioritisation, any projects that the Council is not contractually
committed to are under review.
Decision
Council agreed to:
a) Approve the addition of the project budgets set out in Section 3.1;
b) Note the forecast outturn for expenditure (after reflecting rephased project
budgets), funding and borrowing, as outlined in Section 4;
c) Approve the allocation of any available underspend from the Millerhill Park
Asphalt Path project to the new community hub. 
Action
Chief Financial Officer (Section 95 Officer) 
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Report No. Report Title Submitted by:
8.4 Proposed Schedule of Meeting Dates
for August 2024 – June 2025
Executive Director Place
Outline and Summary of Discussion 
Saty Kaur, Chief Officer Corporate Solutions, introduced the report and noted that
the schedule of dates has been developed taking school holidays into consideration.
Council is recommended to approve the Schedule of Meeting Dates for August 2024
to June 2025 as detailed in Appendix B of the report.
In responding to a question from Councillor Parry, Saty Kaur confirmed that the
meeting schedule for the remainder of 2023/24 had been reviewed and any further
clashes between the Midlothian Negotiating Committee for Teachers (MNCT) and
Midlothian Joint Consultative Group (MJCG) had been resolved.
Councillor Parry moved the report. Seconded by Councillor Cassidy. 
Decision
Council approved the Schedule of Meeting Dates for August 2024 to June 2025 as
detailed in Appendix B of the report.
Action
Executive Director Place 
Report No. Report Title Submitted by:
8.5 Midlothian Council Housing Allocation
Policy Review 2023/24
Executive Director Place
Outline and Summary of Discussion 
Kevin Anderson, Executive Director Place, presented the report. The main purpose
of the Housing Allocation Policy is to prioritise applicants’ needs to let the available
vacant properties to those in the greatest assessed need, in accordance with current
legislation and guidance to make best use of housing stock.
It is recommended that Council approves the Housing Allocation Policy Review
consultation with all Midlothian Council tenants, waiting list applicants, stakeholders
and tenant groups during the Winter 2023 period. The consultation outcomes and
recommended options will be reported back to Council in March 2024. 
Councillor McKenzie moved the report. 
Councillor Smaill asked if there could be greater incentives to move smaller family
units to smaller houses to release stock for larger family units, referencing a scheme
in a neighbouring local authority. Kevin Anderson commented that this feedback
would incorporated into the consultation exercise and Midlothian Council would
undertake benchmarking activity against neighbouring authorities. 
In response to a question from Councillor Smaill, Kevin Anderson confirmed that
consultation with Housing Associations within the local authority area will take place
as part of the review. 
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Following a request from Councillor Curran, Kevin Anderson agreed to organise a
briefing for Elected Members on the allocation policy once the consultation is
complete. 
Councillor McKenzie moved the report recommendation as amended. Seconded by
Councillor Curran. 
Decision
Council approved the Housing Allocation Policy Review consultation with all
Midlothian Council tenants, waiting list applicants, stakeholders and tenant groups
during the Winter 2023 period. The consultation outcomes and recommended
options will be reported back to Council in March 2024. 
Kevin Anderson agreed to organise a briefing for Elected Members on the allocation
policy once the consultation is complete.
Action
Executive Director Place 
Report No. Report Title Submitted by:
8.6 Chief Social Work Officer Annual Report Chief Social Work Officer &
Chief Officer Children’s
Services, Partnerships &
Communities
Outline and Summary of Discussion 
Joan Tranent, Chief Social Work Officer & Chief Officer Children’s Services,
Partnerships & Communities, presented the report. The report provides Council and
the Integrated Joint Board (IJB) with the annual report of the Chief Social Work
Officer (CSWO). The report offers a high-level overview of activity in each service
area and identifies the challenges and changes that have occurred over the past
year. Joan Tranent reported that the national context for social work and social care
in 2022/23 was characterised by significant legislative and policy turmoil, and noted
the uncertainty caused by the introduction of the National Care Service. In addition,
Midlothian is the fastest growing local authority in Scotland, with significant growth
in the 0-15 and over 75 age ranges. The challenge of meeting this demand is keenly
felt across all services. Despite this growth, a focus on delivery of services and
improvement has been maintained. 
Council is recommended to:
a) Note the incredible amount of work undertaken by social work and social care
staff across the many different sectors over the past year.
b) Agree the Chief Social Work Officer should place a copy of the annual report
on the Council website.
The Provost gave her congratulations to all staff involved. The Provost thanked Joan
Tranent for the report and opened it up to questions.
Councillor Scott highlighted that the Council’s two residential homes for children
were rated as very good, providing reassurance that Midlothian’s care-experienced
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children are safe, loved and well cared for. Councillor Scott commended the work
that had taken place to facilitate the arrival and integration of Ukrainian refugees. 
Councillor McManus commented that he was glad to see efforts to bolster
recruitment within the health and social care sector, referencing a reduction in
waiting lists. Councillor McManus further commented that an improvement has been
seen in the National Care Service since engagement from Scottish Government and
input from Joan Tranent. 
Councillor Milligan referenced the significant increase in the number of children
requiring mental health support, and questioned whether current support was
sufficient and if support from Child and Adolescent Mental Health Services (CAMHS)
was readily available. In response, Joan Tranent acknowledged the increase and
commented that a variety of different support mechanisms are available. Health and
social care services liaise closely with education colleagues to ensure appropriate
support is available. Joan Tranent offered to provide further information to Councillor
Milligan following today’s meeting. 
Councillor Smaill highlighted the benefit of working in partnership with voluntary
organisations and the Police and reported that drugs with an estimated street value
in excess of £1 million had recently been seized in the Danderhall area. 
In response to Councillor Cassidy’s request for an explanation for the 37% increase
in referrals to adult services, Joan Tranent cited Midlothian’s rapidly growing
population and noted an improvement in recording mechanisms. 
Elected Members gave their congratulations to all staff involved. 
Councillor Scott moved the report. Seconded by Councillor McManus.
Decision
Council agreed:
a) To note the incredible amount of work undertaken by social work and social
care staff across the many different sectors over the past year.
b) To instruct the Chief Social Work Officer to place a copy of the annual report
on the Council website.
Action
Chief Social Work Officer & Chief Officer Children’s Services, Partnerships &
Communities 
Councillor McManus left the Chamber at 12.19.
Councillor McManus re-entered the Chamber at 12.20. 
Report No. Report Title Submitted by:
8.7 ESES City Region Deal regional
approach to a Visitor Levy for Midlothian
Executive Director Place
Outline and Summary of Discussion 
Kevin Anderson, Executive Director Place, presented the report. 
It is recommended that Council:
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a) agrees to a watching brief on a regional approach to implementing the visitor
levy with the City of Edinburgh Council as the lead authority to gain a greater
understanding of the viability and implications of a regional approach to the
Visitor Levy for Midlothian
b) agrees to Economic Development commencing consultation with the local
tourism sector and representative bodies once the Parliamentary phase is
complete, expected to be August 2024. 
The Provost thanked Kevin Anderson for the report and opened it up to questions.
Councillor Imrie moved the report. Seconded by Councillor Cassidy. 
Decision
Council agreed to:
a) a watching brief on a regional approach to implementing the visitor levy with
the City of Edinburgh Council as the lead authority to gain a greater
understanding of the viability and implications of a regional approach to the
Visitor Levy for Midlothian
b) Economic Development commencing consultation with the local tourism
sector and representative bodies once the Parliamentary phase is complete,
expected to be August 2024. 
Action
Executive Director Place 
The Public section of the meeting concluded at 12:21pm. 
9. Private 
Exclusion of Members of the Public 
In view of the nature of the business to be transacted, the Committee agreed
that the public be excluded from the meeting during discussion of the
undernoted item, as contained in the Addendum hereto, as there might be
disclosed exempt information as defined in paragraphs 3, 6 and 14 of Part I of
Schedule 7A to the Local Government (Scotland) Act 1973:- 
9.1  Dalkeith Regeneration Development Framework – Early Phase Proposal -
Report by Executive Director Place 
Date of Next Meeting 
The next meeting will be held on Tuesday 19 December 2023 at 11.00am. 
The meeting concluded at 12.37pm.
Page 17 of 366

Page 18

Page 18 of 366

Page 19

Midlothian Council Minute Volume
Presented to the Meeting
of Midlothian Council
on Tuesday, 19 December 2023
Page 19 of 366

Page 20

1   Minutes of Meetings submitted for Approval
2   Minutes of Meetings submitted for Consideration
3 - 8
9 - 14
15 - 26
27 - 34
3 
Minute of Police Fire and Rescue Board of 21 August 2023
Minute of Local Review Body of 25 September 2023
Minute of General Purposes Committee of 3 October 2023
Minute of Cabinet of 24 October 2023
Minute of Planning Committee of 31 October 2023
None
None
Minutes of Meetings submitted for Information
Approved Minutes for Noting, Information and Consideration of any
recommendations contained therein
Approved Minutes of Outside Organisations to which Council appoints
representatives
35 - 44
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Page 21

Action Log 
No Subject Date Action Action Owner Expected
completion
date
Comments
1 Motion - Infrastructure  14/12/2021 Report to Council on the
Strategic Investment
Framework 
Executive
Director Place
December 2023 Recommend for closure:
This will be incorporated
into the Capital Plan
Prioritisation report as in
Action No.4 and is
scheduled for December
2023 Council
2 Minute Action - CCTV 14/12/2021 To provide a report outlining
an expansion of sites for
CCTV
Chief Officer
Place
Spring 2024 Phase 1 is now complete
and live. Agreed at
Council on 21 November
2023 that the completion
date of the report on
Phase 2 proposals to be
extended to Spring 2024
to allow time to fully
evaluate the benefits of
Phase 1. 
3 Arm’s Length Company
to Manage Industrial
Sites in Midlothian 
28/06/2022 Explore and outline process
for creating an arm’s length
company 
Chief Officer
Place
March 2024 Amended to March 2024
as this is the next
scheduled meeting of Q4
2023/24.
To be included as part of
the Commercialisation
Strategy. Work is in
Midlothian Council 
Tuesday 19 December 2023
Item No 5.3 
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Page 22

No Subject Date Action Action Owner Expected
completion
date
Comments
progress to develop the
strategy and expected to
be presented to Council in
Q4 2023/24. 
4 Capital Plan
Prioritisation
21/02/2023 Refer approved Council
report to BTSG on additional
affordability scope and
projects.
Executive
Director Place
August 2023 Recommend for closure:
Updates regularly provided
to BTSG. A series of
thematic BTSG sessions
have been delivered over
Oct/Nov 2023 and a report
is scheduled for December
2023 Council.
5 Tender Returns –
Temporary Units
(various) 
21/03/2023 Councillor visit to temporary
units
Head of
Development 
TBC Site visit being scheduled 
6 Fees and Charges
2023
21/03/2023 Events Charging Policy to be
presented to Council for
consideration and approval 
Chief Officer
Place 
Q2 2023/24 Recommend to move to
February 2024:
This is to be included as
part of the annual review of
fees and charges to be
presented to Council in
February 2024.
7 Midlothian Council
Speed Policy Review 
9/05/2023 Proposal for roads with other
speed limits and an
associated action plan for
implementation
Chief Officer
Place 
December 2024 Recommend to move to
Q3 2024/25:
Work is in progress to
implement the Speed
Policy findings from the
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Page 23

No Subject Date Action Action Owner Expected
completion
date
Comments
review. It is anticipated an
annual review will take
place in Spring/Summer
2024 and a report will be
provided thereafter on
implementation and any
additional roads. 
8 Beeslack Community
High School and
Penicuik Community
High School 
27/06/2023 Report back to Council on
decant strategy and costs for
Penicuik High School
Executive
Director Place
Q4 20234/24 Report scheduled for
December 2023 Council
has been deferred as
architects appointed to
scope the requirement.
9 Standing Order 19.2
Decision – lease
Burnbrae Road,
Bonnyrigg 
29/08/2023 Internal Auditors investigate
the position of the retail unit at
Burnbrae Road and that the
Council are at no undue risk.
An update is provided in
private on the retail unit
currently being constructed
adjacent to this building in
Buccleuch Street.
Executive
Director Place 
Executive
Director Place
TBC 
October 2023 
Audit in progress for
report back to Council 
Retail units construction &
handover near
completion.
10 Midlothian House and
Dalkeith Town Centre
29/08/2023 Briefing/Seminar to be held to
further discuss the wider plan
for Dalkeith Town Centre
Executive
Director Place
Before
December 2023
Council
Recommend for closure:
Dalkeith Town Centre
briefing held and reported
to November Council. 
Midlothian House briefing
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Page 24

No Subject Date Action Action Owner Expected
completion
date
Comments
scheduled for Wednesday
13 December 2023.and
report to December
Council.
11 Motion - Old Craighall
Road 
10/10/2023 Report on protocols when
dealing with road closures
around new developments be
presented to a future Planning
Committee 
Executive
Director Place
TBC Work in progress to report
to Planning Committee
12 Midlothian Strategic
Housing Investment
Plan 2024/25 – 2028/29
10/10/2023 Report to be brought to
November or December
Council on rent pressure
zones
Executive
Director Place
Dec 2023 Recommended for
closure:
RPZ Report scheduled for
Council on 19 December
2023.
13 Council House Building
Programme – Progress
Update 2023
10/10/2023 Update on whether there is
recourse in relation to
Passivhaus
certification/guarantee
Executive
Director Place
Dec 2023 Recommend for
closure:
Passive House is a
performance-based
building certification that
focuses on the significant
reduction of energy use
for space heating and
cooling. It is a set of
metrics for energy
performance certification
that can be achieved.
There is not a separate
Page 24 of 366

Page 25

No Subject Date Action Action Owner Expected
completion
date
Comments
guarantee scheme to the
contractors defects
liability.
14 Financial Monitoring
2023/24 – General
Fund Revenue
21/11/2023 Make enhancements to the
report to ensure income targets
are explicitly clear. 
Chief Financial
Officer (Section
95 Officer)
Q4 2023/24 Recommend for
closure:
Will be included in Q3
Financial Monitoring
reports
15 Financial Monitoring
2023/24 – General
Fund Revenue
21/11/2023 Write to Michael Gove,
Levelling Up Cabinet
Secretary, to express
Midlothian Council’s
disappointment that it had
received no Levelling Up 3
funding allocation, nor even
the opportunity to apply for
this funding, and to request
that Midlothian Council be
considered for any available
underspend. 
Council Leader Dec 2023 Recommend for
closure:
Letter sent to UKG
16 Midlothian Council
Housing Allocation
Policy Review 2023/24
21/11/2023 Organise a briefing for Elected
Members on the allocation
policy once the consultation is
complete.
Executive
Director Place
Following end
of consultation
period (Feb
2024) 
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Page 26

Page 26 of 366

Page 27

Prepared for the Members of Midlothian Council and the Controller of Audit
December 2023
Midlothian Council
2022/23 Annual Audit Report   
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Page 28

Midlothian Council 2022/23 Annual Audit Report | 2
Contents 
Key messages 3
Introduction 5
1. Audit of 2022/23 annual accounts 7
2. Financial management 16
3. Financial sustainability 21
4. Best Value 24
5. Vision, leadership and governance 27
6. Use of resources to improve outcomes 29
Appendix 1. Action plan 2022/23 32
Appendix 2. Summary of uncorrected misstatements 34
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Page 29

Key messages | 3 
Key messages 
2022/23 Annual Accounts 
1 Audit opinions on the annual accounts of the Council and its group are
unmodified.
2 The unaudited annual accounts were provided within the agreed timetable
and were of a good standard.
3 Management made adjustments of £16.1 million to the annual accounts. The
most significant adjustments related to the re-measurement of the net defined
benefit for the unfunded pension obligations of £7.8 million and the
reclassification of £5.9 million debtors and creditors balances.
Financial Management 
4 The Council has appropriate budget setting and monitoring arrangements in
place.
5 During 2022/23 the Council managed its budget and ended the year with a
net underspend position of £11 million which included a one off repayment of
overpaid VAT of £6.8 million.
6 The level of usable reserves held by Midlothian Council increased from £86
million in 2021/22 to £91 million in 2022/23. The usable reserves balance of
£91 million includes General Fund reserves of £35 million of which £18 million
is earmarked for specific purposes, Housing Revenue Account reserves of
£32 million, Capital Fund reserves of £20 million and £4 million reserves for
repairs and renewals.
7 Midlothian Council has an ambitious capital housing programme and spent
£42 million on New Social Housing and Market Purchases in 2022/23
(2021/22: £35 million).
Financial Sustainability
8 The latest five-year revenue budget strategy agreed in  2023 is projecting a
budget gap of £34.7 million to 2028/29. 
9 It is clear that the Council faces heightened financial challenges in delivering
balanced budgets and financially sustainable services. Radical solutions and
robust financial plans will be needed to ensure service delivery remains
financially sustainable.
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Page 30

Key messages | 4 
10 The Council has developed a Transformation Blueprint which aligns with the
five-year revenue budget strategy to 2027/28 and aims to create a wellbeing
economy. However, detailed workforce and digital plans required to deliver
transformation continue to be developed but have not yet been finalised. New
strategic leads for Digital and Human Resources have been appointed to lead
this work.
Best Value
11 Midlothian Council has demonstrated ongoing commitment to best value
since our Best Value Annual Report 2019. We have noted improvements in
performance reporting and medium term financial planning as well as the
strengthening of officer member relationships.
12 The Council and its partners are actively working to address inequalities. The
new Council Leader initiated, and chairs, the cross party Cost of Living Task
Force which has moved from taking a crisis intervention approach to a
preventative approach and a child poverty strategy and plan has been
produced.
13 The Council has adopted an ambitious target to be net zero by 2030. Its
vision, outcomes and priorities clearly reflect the importance it places on this.
But achieving this target brings resourcing and financial risks which the
Council is actively managing.
Vision, Leadership and Governance
14 Midlothian Council continues to have effective and appropriate governance
arrangements in place that support scrutiny of decisions made.
Use of resources to improve outcomes 
15 The Council has appropriate arrangements in place for improving services
and monitoring desired outcomes through a balanced scorecard approach.   
16 Internal audit conducted a review and published a report on performance
management and performance indicators in 2023. The report provided
substantial assurance in the reporting of performance indicators. 
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Page 31

Introduction | 5 
Introduction 
1.  This report summarises the findings from the 2022/23 annual audit of
Midlothian Council (the Council). The scope of the audit was set out in an
annual audit plan presented to the June 2023 meeting of the Audit Committee. 
2.  This Annual Audit Report comprises:
• significant matters arising from an audit of Midlothian Council’s annual
accounts.
• conclusions on the following wider scope areas that frame public audit
as set out in the Code of Audit Practice:
o Financial Management 
o Financial Sustainability 
o Vision, Leadership, and Governance
o Use of Resources to Improve Outcomes.
• conclusions on Midlothian Council’s performance in meeting its Best
Value duties.
3.  This report is addressed to Midlothian Council and the Controller of Audit and
will be published on Audit Scotland's website www.audit-scotland.gov.uk in due
course. 
Audit appointment from 2022/23
4.  I, Claire Gardiner, have been appointed by the Accounts Commission as
auditor of the Council for the period from 2022/23 until 2026/27. The 2022/23
financial year was the first of my five-year appointment. My appointment
coincides with the new Code of Audit Practice which was introduced for financial
years commencing on or after 1 April 2022.
5.  My team and I would like to thank councillors, audit committee members,
senior management, and other staff, particularly those in finance, for their
cooperation and assistance in this year and we look forward to working together
constructively over the course of the five-year appointment.
Responsibilities and reporting 
6.  The Council has primary responsibility for ensuring the proper financial
stewardship of public funds. This includes preparing annual accounts that are in
accordance with proper accounting practices. The Council is also responsible
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Page 32

Introduction | 6 
for compliance with legislation and putting arrangements in place for
governance and propriety that enable it to successfully deliver its objectives.
7.  The responsibilities of the independent auditor are established by the Local
Government (Scotland) Act 1973 and the Code of Audit Practice 2021, and
supplementary guidance and International Standards on Auditing in the UK. 
8.  Weaknesses or risks identified are only those which have come to our
attention during our normal audit work and may not be all that exist.
Communicating these does not absolve management of the Council from its
responsibility to address the issues we raise and to maintain adequate systems
of control.
9.  This report contains an agreed action plan at Appendix 1. It sets out specific
recommendations, the responsible officers, and dates for implementation. 
Auditor Independence 
10.  We can confirm that we comply with the Financial Reporting Council’s
Ethical Standard. We can also confirm that we have not undertaken any non-
audit related services and therefore the 2022/23 audit fee of £273,550 as set
out in our 2022/23 Annual Audit Plan remains unchanged. We are not aware of
any relationships that could compromise our objectivity and independence.
11.  We add value to Midlothian Council by:
• identifying and providing insight on significant risks and making clear
and relevant recommendations.
• providing clear and focused conclusions on the appropriateness,
effectiveness and impact of corporate governance arrangements to
ensure the best use of resources and financial sustainability.
• sharing intelligence and good practice identified.
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Page 33

1. Audit of 2022/23 annual accounts | 7 
1. Audit of 2022/23 annual
accounts
Public bodies are required to prepare annual accounts comprising
financial statements and other related reports. These are principal
means of accounting for the stewardship of public funds. 
Main judgements
Audit opinions on the annual accounts of the Council and its group are
unmodified. 
The unaudited annual accounts were provided within the agreed timetable and
were of a good standard. 
Management made adjustments of £16.1 million to the annual accounts. The most
significant adjustments related to the re-measurement of the net defined benefit
for the unfunded pension obligations of £7.8 million and the reclassification of £5.9
million debtors and creditors balances.
Audit opinions on the annual accounts are unmodified 
12.  The Council approved the annual accounts for the Council and its group for
the year ended 31 March 2023 on 30 October 2023. As reported in the
independent auditor’s report, in my opinion as the appointed auditor:
• the financial statements give a true and fair view and were properly
prepared in accordance with the financial reporting framework
• the audited parts of the Remuneration Report have been properly
prepared in accordance with The Local Authority Accounts (Scotland)
Regulations 2014
• the information given in the Management Commentary for the financial
year for which the financial statements are prepared is consistent with
the financial statements and that report has been prepared in
accordance with statutory guidance issued under the Local Government
in Scotland Act 2003; and
• the information given in the Annual Governance Statement for the
financial year for which the financial statements are prepared is
consistent with the financial statements and that report has been
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1. Audit of 2022/23 annual accounts | 8 
prepared in accordance with the Delivering Good Governance in Local
Government: Framework (2016).
Overall materiality was assessed as £7.6 million 
13.  The concept of materiality is applied by auditors to determine whether
misstatements identified during the audit could reasonably be expected to
influence the economic decisions of users of the financial statements, and
hence impact their opinion set out in the independent auditor’s report. Auditors
set a monetary threshold when considering materiality, although some issues
may be considered material by their nature. It is ultimately a matter of the
auditor’s professional judgement.
14.  Our initial assessment of materiality for the Council and its group, was
carried out during the risk assessment and planning phase of the audit. This
was reviewed and revised on receipt of the unaudited annual accounts and is
summarised in Exhibit 1. 
Exhibit 1
Materiality values 
Materiality level Council and
Group
Overall materiality £7.6 million
Performance materiality  £4.6 million
Reporting threshold  £0.25 million
Source: Audit Scotland
15.  The overall materiality threshold for the audit of the annual accounts of the
Council was set with reference to gross expenditure, which we judged as the
figure most relevant to the users of the financial statements.
16.  Performance materiality is used by auditors when undertaking work on
individual areas of the financial statements. It is a lower materiality threshold,
set to reduce the probability of aggregated misstatements exceeding overall
materiality. Performance materiality was set at 60% of overall materiality,
reflecting our risk assessment which was informed by the level of errors in prior
years and the control environment in place at the Council.
17.  It is our responsibility to request that all misstatements, other than those
below our reporting threshold, are corrected, although the final decision on
making the correction lies with those charged with governance.
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1. Audit of 2022/23 annual accounts | 9 
Significant findings and key audit matters
18.  Under International Standard on Auditing (UK) 260 we communicate
significant findings from the audit to the Council, including our view about the
qualitative aspects of the body’s accounting practices.
19.  The Code of Audit Practice also requires all audits to communicate key
audit matters within the annual audit report under International Standard on
Auditing (UK) 701. These are matters that we judged to be of most significance
in our audit of the financial statements. Significant findings and key audit
matters are summarised in Exhibit 2.
Exhibit 2
Significant findings and key audit matters from the audit of the annual accounts 
Issue Resolution 
1. Restricting the value of pension asset 
For the first time, the unaudited accounts included
a pension asset rather than a liability. This
amounted to £188 million and was calculated by
the Council’s actuary. 
The pension accounting standard (IAS 19) limits
any pension asset to the lower of the surplus and
what is described as an asset ceiling. The asset
ceiling is defined as the present value of any
economic benefits available in the form of refunds
from the pension fund or reductions in future
contributions to the fund. 
Further guidance on calculating the asset ceiling is
provided in IFRIC 14. It refers to the impact of a
‘minimum funding requirement’ which stipulates a
minimum amount of contributions that must be paid
over a given period. The existence of a minimum
funding requirement limits the ability of a body to
reduce future contributions. 
Where there is a minimum funding requirement for
contributions relating to future service, IFRIC 14
explains that the asset ceiling is the present value
of the future service cost less the present value of
the minimum funding requirement contributions. 
Where actuaries report that the present value of
the minimum funding requirement contributions
exceeds the future service cost, IFRIC 14 advises
that no asset should be recognised. 
We reviewed the actuary’s assumptions
and the Council’s assessment of the
actuary’s assumptions and calculation in
conjunction with IAS 19 and the
application of IFRIC 14.
The Council included additional
disclosures in the audited annual
accounts to clearly show the effect of
the asset ceiling.
The annual accounts were adjusted to
reflect a pension asset of zero for the
Council’s funded obligations, and a
pension liability of £7.8 million for its
unfunded obligations, for which the
IFRIC 14 calculation does not apply.
We concluded that, for 2022/23, the
Council’s approach to recognising a
pension asset and applying an asset
ceiling in the accounts was appropriate.
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1. Audit of 2022/23 annual accounts | 10 
Issue Resolution 
The Council applied an asset ceiling which
restricted the pension asset to a nil balance in the
balance sheet as at 31 March 2023. 
As part of our audit work we identified that the
IFRIC 14 calculation did not cover the unfunded
pension liability and therefore where the pension
asset was restricted to zero the unfunded pension
obligation should be netted off against the
restricted balance and included as a liability in the
financial statements. 
2. Reinforced Autoclaved Aerated Concrete in
council buildings
Reinforced Autoclaved Aerated Concrete (RAAC)
is a lightweight construction material that was used
in the construction of some public buildings like
schools and hospitals between the 1950s and
1990s. It was used mostly in flat roofing, but also in
some pitched roofs, floors and walls.
On 31 August 2023 the UK Department for
Education (DfE) announced that any space or area
in schools, colleges or nurseries in England, with
confirmed RAAC should no longer be open without
"mitigations" being put in place.
During 2022/23, the Council reviewed buildings
across the school estate and did not identify any
RAAC in the surveyed schools. Further surveys
are planned on the remaining buildings within the
Council’s estate. 
We are satisfied that the Council has
taken appropriate action to address the
risk of RAAC within their estate. 
As no RAAC has been identified we are
satisfied that there is no requirement for
a post balance sheet event relating to
liabilities in relation to remedial works. 
3. Remuneration Report disclosures
The audit of the Remuneration Report identified a
number of errors and other disclosure changes that
were required to ensure the reports were fully
compliant with applicable guidance. These
included: 
• the remuneration table did not include a senior
councillor who commenced this role in March
2023 
• there were minor errors in the pension
movements for two employees
• the disclosures around pay bands had been
calculated incorrectly in regard to starters and
leavers. The bands should be based on actual
salaries of all starters and leavers but the whole
year equivalent had been used.
Management have reviewed the
disclosures within the Remuneration
Report and have updated the
information.
We are satisfied that the revised
Remuneration Report fulfils the
disclosure requirements of applicable
guidance.
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1. Audit of 2022/23 annual accounts | 11 
Issue Resolution 
4. Disclosures in the notes to the accounts
The notes to the accounts help provide contextual
information and detail which will help the reader
understand the primary statements. Our audit work
identified some areas where the classification of
transactions or balances was incorrectly disclosed
within the notes to the accounts.
• Within short term deposits at 31 March 2022,
£50 million was reclassified as cash and cash
equivalents. The balance sheet was also
revised to correct the misclassification.
• Within Group investments £5.6 million was
reclassified as the Group share of net assets of
associates and joint ventures.
• Within the short term debtors note there was
£11.2 million of classification movements
between other trade debtors, central
government bodies and council tax debtors.
• Within income £3.2 million was reclassified from
fees and charges income to investment income.
• Within non-current assets £0.7 million was
incorrectly classified as assets under
construction and land in operation. 
We acknowledge that only one of the
misclassifications identified impacted on
the figures on the face of the primary
financial statements. We are satisfied
that management have addressed all
significant misclassifications within the
notes to the accounts in year. 
The Council should ensure going
forward that control accounts such as
trade debtors are reviewed to ensure
balances with central government and
other public sector bodies are classified
appropriately at the year-end.
Recommendation 1
Source: Audit Scotland
Our audit work responded to the risks of material misstatement
we identified in the annual accounts
20.  We have obtained audit assurances over the identified significant risks of
material misstatement in the annual accounts. Exhibit 3 sets out the significant
risks of material misstatement to the financial statements we identified in our
2022/23 Annual Audit Plan. It also summarises the further audit procedures we
performed during the year to obtain assurances over these risks and the
conclusions from the work completed. 
Exhibit 3
Significant risks of material misstatement in the annual accounts
Audit risk Assurance procedure Results and conclusions
1. Risk of material
misstatement due to fraud
Owing to the nature of this
risk, assurances from
We assessed the design and
implementation of controls
over journal entry processing.
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1. Audit of 2022/23 annual accounts | 12 
Audit risk Assurance procedure Results and conclusions
caused by management
override of controls
As stated in International
Standard on Auditing (UK)
240, management is in a
unique position to perpetrate
fraud because of
management’s ability to
override controls that
otherwise appear to be
operating effectively.
management are not
applicable in this instance.
Exhibit 5 identifies an
opportunity to strengthen the
controls over journals.
Our testing of journals, year-
end transactions, accruals
and prepayments did not
identify any incidents of
management override of
controls. 
We did not identify any
unusual journal activity. 
Our assessment of the
adequacy of controls in place
for identifying and disclosing
related party relationships
and transactions in the
financial statements did not
highlight any weaknesses. 
The methods and
assumptions used to prepare
accounting estimates were
confirmed to be consistent
with prior-years.
As a result of the above work
we are satisfied that there is
no material misstatement
arising from this risk.  
2. Estimation in the
valuation of other land and
buildings
Midlothian Council hold land
and buildings (non-housing)
with a NBV of £526 million as
at 31 March 2022. 
There is a significant degree
of subjectivity and complexity
in the valuation of land and
buildings. Valuations are
based on specialist and
management assumptions
and changes in these can
result in material changes to
valuations. Material errors
were also identified in the
Council procedures and
controls around valuation and
accounting.
We did not identify any issues
with the information provided
to the valuer. 
Our review of the Council
valuation team’s work, ,
confirmed the
appropriateness of the
methodology and
assumptions used. We did
not identify any non-
compliance with RICS
guidance. 
We found that management
have an appropriate level of
involvement and oversight of
the valuation process. We
concluded that
management’s assessment
that land and buildings not
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1. Audit of 2022/23 annual accounts | 13 
Audit risk Assurance procedure Results and conclusions
prior year valuation process
by the prior year auditor.
The 2022/23 revaluation
exercise is planned to cover a
significant proportion of the
estate.
Due to the inherent
complexity and subjectivity
risks regarding land and
buildings’ valuations and
material errors found in the
prior year, a significant risk of
material misstatement in the
2022/23 valuations has been
identified.
revalued in 2022/23 are not
materially misstated, to be
reasonable, and found
assumptions made to be
appropriate. 
We found that appropriate
disclosures have been made
regarding the assumptions in
relation to the valuation of
land and buildings. 
Source: 2022/23 Midlothian Council Annual Audit Plan
21.  In addition, we identified “areas of audit focus” in our 2022/23 Annual Audit
Plan where we considered there to be risks of material misstatement to the
financial statements. The results of our audit procedures and conclusions are
set out in Exhibit 4.
Exhibit 4
Identified areas of audit focus
Audit risk Results and conclusion
Valuation of pension liability
The Council is an admitted body of Lothian
Pension Fund and recognised a net pension
liability of £54 million as at 31 March 2022.
The liability requires the use of an actuarial
methodology based on a range of
assumptions including financial and
demographic assumptions. The subjectivity
around these assumptions gives rise to a risk
of material misstatements in the financial
statements. 
We will assess the scope, independence and
competence of the professionals engaged in
providing estimates for pensions and review
appropriateness of actuarial assumptions and
results including comparison with other
councils. We will establish officers’
We are satisfied that the pension liability is
correctly recognised on the balance sheet at
31 March 2023 and has been accounted for
and disclosed correctly in line with International
Accounting Standard (IAS) 19 Retirement
benefits.
We use an auditor’s expert to inform our
review of the assumptions used in calculating
this estimate and management’s judgements.
We concluded the assumptions are
appropriate and within a range which we
consider to be acceptable.
We are also satisfied the controls in place over
the provision of information to the actuary are
appropriate.
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1. Audit of 2022/23 annual accounts | 14 
Audit risk Results and conclusion
arrangements for ensuring the
reasonableness of professional estimations
and the accuracy of information provided to
the actuary by Midlothian Council.
Teachers’ payroll
Two pay awards have been granted in
2022/23. The Council is progressing
implementing the awards but work in this
area is incomplete and calculations for supply
teachers can be complex. We will monitor
progress in implementing teachers pay
awards and test controls in the payroll system
to ensure staff costs are complete, valid, and
accurate.
We reviewed the design and implementation of
controls over changes to pay which includes
pay awards. We concluded that the controls
over changes were designed appropriately.
We conducted analytical procedures regarding
the pay award in year comparing the actual
amounts charged as expenditure to our
expectation. We identified a variance which
indicates that national insurance and pension
costs relating to the 2021/22 pay increase
were not accrued in the prior year. Accounting
standards require the adjustment of material
prior period errors only. We are satisfied that
this would not be material and therefore no
prior period adjustment has been made. 
Financial controls cash and bank
Material errors in the unaudited cash and
bank figures were identified by the previous
external auditors. 
These were identified as relating to the failure
of bank reconciliation controls. We will follow
up agreed actions and perform a full system
review in this area in 2023.
Bank reconciliations were conducted for each
month in 2022/23. In addition to this a year end
reconciliation was conducted with no issues
arising. 
We are satisfied that the balance reported at
the year end is not materially misstated. 
Source: 2022/23 Midlothian Council Annual Audit Plan
Identified misstatements of £16.1 million were adjusted in the
annual audited accounts
22.  Total adjustments of £16.1 million were made to the annual audited
accounts. The most significant adjustments related to the re-measurement of
the net defined benefit for the unfunded element of pension contributions of
£7.8 million and the reclassification of £5.9 million debtors and creditors
balances.
23.  Adjustments made in the audited accounts reduced the total comprehensive
income and expenditure deficit by £1.4 million and reduced net assets in the
balance sheet by £6.3 million.
24.  We identified two misstatements which were not corrected by management
in the audited accounts. Management considered the size, nature and
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1. Audit of 2022/23 annual accounts | 15 
circumstances leading to all uncorrected misstatements, individually and in
aggregate, and concluded that these were not material. 
25.  The unaudited annual accounts were received in line with our agreed audit
timetable on 30 June 2023. The working papers provided with the unaudited
accounts were of a good standard and finance and other Council staff provided
good support to the audit team during the audit. 
26.  Covid-19 has had a considerable impact on the delivery of audits and we
are working to deliver timely audits while maintaining quality. In order to
preserve the quality of our work in year the audit was delayed against our
planned timetable with the accounts being signed on 30 October 2023. This
allowed the statutory deadline for publication to be met.
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2. Financial management 
Main judgements
The Council has appropriate budget setting and monitoring arrangements in
place. 
During 2022/23 the Council managed its budget and ended the year with a net
underspend position of £11 million which included a one off repayment of overpaid
VAT of £6.8 million. 
The level of usable reserves held by Midlothian Council increased from £86 million
in 2021/22 to £91 million in 2022/23. The usable reserves balance of £91 million
includes General Fund reserves of £35 million of which £18 million is earmarked
for specific purposes, Housing Revenue Account reserves of £32 million, Capital
Fund reserves of £20 million and £4 million reserves for repairs and renewals.
The Council operated within budget in 2022/23
27.  The Council approved its 2022/23 budget in February 2022. The budget
was set at £251 million with a projected funding gap of £9 million. The Council
agreed the deferral of debt repayments to secure an additional £6.4 million of
funding with the remainder of the budget gap funded from a transfer from
reserves. These measures enabled the Council to set a balanced budget for
2022/23.
28.   During 2022/23 the Council managed its budget and ended the year with a
net underspend position of £11 million which included a one off repayment of
overpaid VAT of £6.8 million. The remaining underspend relates to savings in
loan charges and vacant posts, lower spend in education and higher than
anticipated funding from previously undistributed Scottish Government Grants.
The General Fund Balance increased from £32 million at 31 March 2022 to £34
million at 31 March 2023. 
29.  The Council previously approved the use of a financial flexibility permitting
the use of capital receipts to fund projects designed to transform service
delivery or reduce costs. Capital Receipts in 2021/22 of £0.6 million were set
aside for this purpose. For the flexibility to apply funding must have been
utilised by 31st March 2023.
30.  The following projects were funded from the use of financial flexibilities,
enabling funds to be freed up to cover increases in salary costs:
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• Building Maintenance Review (£0.14 million)- radical service redesign
and modernisation of all processes within the Building Maintenance
Service with the purpose of raising the business efficiency and
effectiveness at all levels across the organisation.
• Customer Services Project (£0.19 million) - in 2022/23 the multi-year
project developed and delivered new Freedom of Information Registrar
and Contact Us modules designed to provide significant service
enhancement and efficiency.
• School Week Transformation Drive (£0.04 million) - transformational
change in the design and delivery of the curriculum within secondary
schools taking into account national development and digital solutions.
• Climate Change (£0.03 million) - Zero Carbon external support to
develop the Council’s ambition to make the Council’s activities net
carbon zero by 2030. 
The unused balance of £0.16 million was appropriately added to the capital
fund.
Housing revenue account operated within budget
31.  The Council is required by legislation to maintain a separate housing
revenue account and to ensure that rents are set a level which will at least
cover the costs of its social housing provision. 
32.  During 2022/23 the Council overspent by £0.9 million on repairs and
maintenance and housing rents were £0.9 million less than budgeted. However,
total income was £4 million more than expenditure for the year and the balance
on the housing revenue account reserve increased to £32 million at 31 March
2023 (2021/22: £28 million). 
33.  This balance is committed to fund the Council’s ambitious capital
investment plan to build further new housing stock and continue to improve and
upgrade its existing stock, particularly through Scottish Housing Quality
Standards (SHQS) improvement and Energy Efficiency Standard for Social
Housing (EESSH) works.
The Council has appropriate budget setting and monitoring
arrangements.
34.  We performed a review of the Council’s annual budget setting
arrangements. The budget process implemented by the Council appears to be
well established and officers and Finance Business Partners are very clear
about their responsibilities and time frames. The process involves appropriate
scrutiny arrangements, with the Business Transformation Steering Group and
Council both having opportunities to scrutinise the budget and consider
opportunities to reduce any emerging budget gap. 
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2. Financial management | 18 
35.  The budget setting document includes realistic financial assumptions and it
offers good information regarding where there are projected over and
underspends. It also gives brief explanations and context setting as appropriate. 
36.  We observed that senior management and members receive regular and
accurate financial information on the Council’s performance against budgets. 
Capital expenditure increased in 2022/23
37.  Total capital expenditure in 2022/23 was £75 million of which £23 million
related to general services and £52 million to the housing revenue account. 
38.  The Council has an ambitious capital housing programme and spent £42
million on New Social Housing and Market Purchases in 2022/23 (2021/22: £35
million). The capital housing programme consists of five phases:
• phases 1 and 2 are complete and provided 1,353 additional houses
within Midlothian over a period of 7 years with a total budget of £185
million
• phases 3 & 4 combined - the original plan was for 729 units to be
constructed with a budget of £166 million but this has reduced to 645
units due to actual costs being greater than initial estimates. The
increase in costs have arisen through various factors, namely, war in
Ukraine, EU exit and Covid-19 impacting on building costs over recent
years
• phase 5 has a current approved budget of £78 million however
projected budget variations on previous phases and an increase in the
Scottish Government Affordable Housing Supply Programme (AHSP)
grant allocation means that there is potential for a further £6 million to
be utilised for New Social Housing.
39.  A total of 214 homes have reached completion in 2023 calendar year; 300
homes are on site at various stages of construction; and a further 115 homes
are on site but undergoing final snagging and in the process of final handovers.
Financial systems of internal control
40.  From our review of the design and implementation of systems of internal
control (including those relating to IT) relevant to our audit approach, we did not
identify any issues with the design of the controls which would increase the risk
of a material misstatement in the financial statements. However, we identified
three areas where controls could be improved:
Exhibit 5 
Key findings from review of key controls 
Audit finding  Additional audit procedures 
1. Journals 
The Council’s financial ledger is the system for
recording all transactions and preparing the
We reviewed the journals across the
year to identify those which had been
posted by those with a higher level of
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2. Financial management | 19 
financial statements. Journal entries are how the
Council’s financial ledger is manually updated. 
We conducted controls testing over this area and
identified the following issues:
• To minimise the risk of error and fraud we
would expect each journal entry to be
prepared and authorised by different members
of staff. This control is not in operation for a
small number of staff within the finance team.
The ability of officers to approve their own
journals increases the risk that invalid,
erroneous or fraudulent journals could be
posted to the financial ledger.
• Access to the ledger requires to be tightly
controlled to mitigate the risk of fraudulent
mis-postings. We identified in year that access
rights were not regularly reviewed. We also
found there were some users with a high level
of access rights which had not been timeously
removed. 
• We tested a sample of 17 journals to ensure
the approvals process had been followed.
There was insufficient evidence of
authorisation for one of the sample. 
access. We identified some journals
which relate to former employees,
however, they relate to interfaces with
the ledger which are not actually
posted but are automatic journals.
The user recorded is the user who
created the interface. We are satisfied
that there are compensating controls
within the overall IT access rights
which would prevent ex-employees
accessing the ledger.
Our journals testing across the year
reflected the increased risk arising
from self-approval of journals and we
did not identify any issues. 
Recommendation 2 (refer Appendix
1, action plan) 
Journals procedures should be
reviewed to minimise the risk with the
ability of members of the finance team
to approve their own journals.
2. Bank reconciliations 
Bank reconciliations are a critical control to
ensure that cash is accurately recorded in the
ledger. We found that bank reconciliations were
performed for each month of the year but the
reconciliations completed for periods 10 to 12
were not completed timeously.
In addition, at the year-end we identified over 20
bank accounts (mainly imprest accounts) with
small balances which were not reconciled to the
ledger on a regular basis.
We are satisfied that a reconciliation
was conducted at the year end with
no issues arising. 
The bank letter at the year-end
confirmed that the smaller imprest
accounts were below our trivial level
and did not represent a risk of
material misstatement. We note that a
number of accounts have a zero
balance.
Recommendation 3 (refer Appendix
1, action plan) 
Bank reconciliations should be
conducted on a monthly basis for all
accounts which are in use. The
Council should also consider the bank
accounts held and if they are still
required. 
3. Payroll reconciliations 
The Council undertakes a reconciliation
between the ledger and the payroll system on a
monthly basis in line with good practice. We
reviewed an example of one month’s
reconciliation in 2022/23 and found limited
We reviewed the year-end
reconciliation between the ledger and
payroll system and concluded that the
employee costs included in the ledger
at the year-end were appropriate.
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2. Financial management | 20 
evidence that the discrepancies between the
ledger and payroll were being followed up or
investigated on a timely basis.
Recommendation 4 (refer Appendix
1, action plan) 
The Council should ensure any work
conducted in reconciling the ledger to
payroll is appropriately evidenced.
Source: Audit Scotland
41.  Our work has been undertaken to provide an audit opinion on the annual
report and accounts, and in response to our additional responsibilities set out in
the Code of Audit Practice. The control deficiencies reported here are limited to
those we identified while completing our audit work for these purposes.
Standards of conduct and arrangements for the prevention and
detection of fraud and error were appropriate
42.  In the public sector there are specific fraud risks, including those relating
to tax receipts, welfare benefits, grants and other claims made by individuals
and organisations. Public sector bodies are responsible for implementing
effective systems of internal control, including internal audit, which safeguard
public assets and prevent and detect fraud, error and irregularities, bribery and
corruption.
43.  The Council has adequate arrangements in place to prevent and detect
fraud or other irregularities. 
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3. Financial Sustainability | 21 
3. Financial Sustainability 
Main judgements
The latest five-year revenue budget strategy agreed in October 2023 is projecting
a budget gap of £34.7 million to 2028/29. 
It is clear that the Council faces heightened financial challenges in delivering
balanced budgets and financially sustainable services. Radical solutions and
robust financial plans will be needed to ensure service delivery remains financially
sustainable. 
The Council has developed a Transformation Blueprint which aligns with the five-
year revenue budget strategy to 2027/28. However, detailed workforce and digital
plans required to deliver transformation continue to be developed but have not yet
been finalised. New strategic leads for Digital and Human Resources have been
appointed to lead this work.
The level of General Fund reserves remains significantly higher
than pre-pandemic levels
44.  One of the key measures of the financial health of a body is the level of
reserves held. The level of usable reserves held by Midlothian Council
increased from £86 million in 2021/22 to £91 million in 2022/23. The usable
reserves balance of £91 million includes General Fund reserves of £35 million
of which £18 million is earmarked for specific purposes, Housing Revenue
Account reserves of £32 million, Capital Fund reserves of £20 million and £4
million reserves for repairs and renewals.  
45.  Exhibit 6 provides an analysis of the general fund over the last five years
split between committed and uncommitted reserves. The significant increase in
committed reserves in 2020/21 aligned with the impact of Covid-19 and the
increased funding provided by the Scottish Government late in March 2020,
leading to a significant increase in reserves. 
46.  This trend has continued to 2022/23 with levels of committed reserves
remaining significantly higher than pre-Covid-19 times. 
Exhibit 6
Analysis of general fund balance 
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3. Financial Sustainability | 22 
47.  Almost 90% of committed reserves represent efficiency savings or unspent
grants achieved by individual services and carried forward for their use in future
years. The Council has a scheme of devolved budget management and
services can carry forward unspent grants for their use in following years.
Services are not able to carry forward general underspends, which would be
included within uncommitted reserves carried forward. All savings carried
forward have to be reviewed and approved by the section 95 officer. 
48.  The balance of committed reserves includes £3m to support repairs to
Public Realm, £2m committed to support Transformation work and £1 million set
aside to balance the 2023/24 budget. 
49.  The level of uncommitted reserves has increased in 2022/23 providing £10
million contingency funds for future years. 
The five-year revenue budget strategy agreed in October 2023
is projecting a budget gap of £34.7 million to 2028/29 
50.  In February 2023, the Council agreed a five-year revenue budget strategy
for the period 2023/24 to 2027/28. At that time the strategy was projecting a
cumulative budget gap of £15 million by 2027/28. The Council updated the five-
year revenue budget strategy in October and the cumulative projected budget
gap has increased significantly to £24 million to 2027/28.
51.  Savings proposals to bridge the budget gap were previously considered in
the annual budget setting meetings but are now considered by the Business
Transformation Steering Group (BTSG). This enables savings proposals to be
agreed so that the Council is able to invest in its vision and corporate priorities. 
52.  Midlothian is the fastest growing Council area and this presents challenges
in terms of increased service demand within its funding allocation which is
based on historical population data. The Council have performed budget
exercises using the latest 2022 Scottish census data which the Council state
0
5
10
15
20
25
30
35
2018/19 2019/20 2020/21 2021/22 2022/23
£ million
Committed Uncommitted
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3. Financial Sustainability | 23 
result in significant increased funding for Midlothian. The Council is taking
significant steps to obtain a solution to the funding gap, formally writing to the
UK and Scottish Governments regarding the issue and exploring options for a
Growth Fund and revisions to the Local Government funding floor.   
53.  It is clear that the Council faces heightened financial challenges in
delivering balanced budgets and financially sustainable services. Radical
solutions and robust financial plans will be needed to ensure service delivery
remains financially sustainable. The Council recognises that transformation is
essential to ensure service delivery remains financially sustainable and has
published a Transformation Blueprint for Midlothian. The Transformation
Blueprint which aligns with the five-year revenue budget strategy to 2027/28
aims to create a wellbeing economy. However, detailed workforce and digital
plans required to deliver transformation continue to be developed but have not
yet been finalised. New strategic leads for Digital and Human Resources have
been appointed to lead this work.
2023/24 Projected Outturn
54.  The latest budget monitoring report reported to the Council in November
2023 is projecting overspends across several services and highlights that
£1.096 million of Medium Term Financial Strategy cost reductions have still to
be finalised or fully implemented. A number of these are taking longer than
planned to implement with an impact on the 23/24 financial position.
55.  The most significant projected overspends relate to:
• Pupil transport - £0.9 million due to the volume and value of school
pupil transport invoices higher than budgeted.
• Sport and Leisure  - £0.7 million due to a shortfall in the agreed income
target.
• Fleet costs -  £0.7 million due to ageing vehicles and higher volumes of
external contracting than planned.
56.  The budget monitoring report is also projecting a reduction in the General
Fund balance from £34.9 million at 31 March 2023 to £11.4 million at 31 March
2024. The most significant reduction of £16 million is expected to result from the
application of Budgets carried forward from 2022/23 for use in 2023/24. 
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4. Best Value | 24 
4. Best Value 
Councils have a statutory duty to make arrangements to secure
continuous improvement in the performance of their functions.
Main judgements
Midlothian Council has demonstrated ongoing commitment to best value since our
Best Value Annual Report 2019. We have noted improvements in performance
reporting and medium term financial planning as well as the strengthening of
officer member relationships. 
The Council and its partners are actively working to address inequalities. The new
Council Leader initiated, and chairs, the cross party Cost of Living Task Force
which has moved from taking a crisis intervention approach to a preventative
approach and a child poverty strategy and plan has been produced. 
The Council has adopted an ambitious target to be net zero by 2030. Its vision,
outcomes and priorities clearly reflect the importance it places on this. But
achieving this target brings resourcing and financial risks which the Council is
actively managing. 
Best value audit work is now fully integrated within our annual
audit work
57.   Local government bodies have a duty under the Local Government in
Scotland Act 2003 to make arrangements which secure Best Value. Best Value
is continuous improvement in the performance of the body’s functions, having
regard to:
•  efficiency
•  effectiveness
•  economy 
•  the need to meet equal opportunity requirements. 
58.  Under the new Code of Audit Practice, the audit of Best Value in councils is
fully integrated within the annual audit work performed by appointed auditors
and their teams. Auditors are required to evaluate and report on the
performance of councils in meeting their Best Value duties. There are four
aspects to auditors’ work:
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4. Best Value | 25 
•  follow-up and risk-based work
•  service improvement and reporting
•  thematic reviews
•  contributing to Controller of Audit reports. 
Leadership of the development of new local strategic priorities
59.  Annual thematic Best Value work is set by the Accounts Commission. For
the 2022/23 financial year, auditors were asked to focus on the councils’
leadership of the development of new local strategic priorities. The results of
this work were reported to elected members at the Audit Committee in
December 2023. This report will be published on the Audit Scotland website. 
60.  The key findings in this report are:
Council vision and priorities
• Midlothian Council has demonstrated ongoing commitment to best
value since our Best Value Annual Report 2019. We have noted
improvements in performance reporting and medium term financial
planning as well as the strengthening of officer member relationships. 
• The Council works well with its community planning partners and
citizens and this has facilitated the creation of the Single Midlothian
Plan and a clear vision for Midlothian to create “a great, green place to
grow” over the next four years. 
Citizen and community
• Partnership working continues to be a strength for the Council. It has
effectively involved its communities in developing shared priorities.
Officers and elected members are aware of community needs and have
established a cost of living task force chaired by the Council Leader to
support citizens.
Reducing inequalities and tackling climate change
• The Council and its partners are actively working to address
inequalities. The new Council Leader initiated, and chairs, the cross
party Cost of Living Task Force which has moved from taking a crisis
intervention approach to a preventative approach and a child poverty
strategy and plan has been produced. 
• The Council has adopted an ambitious target to be net zero by 2030. Its
vision, outcomes and priorities clearly reflect the importance it places on
this. But achieving this target brings resourcing and financial risks which
the Council is actively managing. 
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4. Best Value | 26 
Alignment of delivery plans
• The latest five-year revenue budget strategy agreed in October 2023 is
projecting a budget gap of £34.7 million to 2028/29. The Council
recognises that transformation is essential to ensure service delivery
remains financially sustainable and has published a Transformation
Blueprint for Midlothian. The Transformation Blueprint which aligns with
the five-year revenue budget strategy to 2027/28 aims to create a
wellbeing economy. However, detailed workforce and digital plans
required to deliver transformation continue to be developed but have
not yet been finalised. New strategic leads for Digital and Human
Resources have been appointed to lead this work.
Leadership
• We have observed good constructive relationships between members
and officers which have facilitated the creation of the Cost of Living
Taskforce and the Transformation Blueprint. 
• The Council has taken steps to improve decision-making and
encourage scrutiny. Midlothian Council has an appropriate approach to
ensuring there is sufficient knowledge at a member level to support the
decision making and scrutiny.
Controller of audit reports
61.  The Controller of Audit also reports to the Accounts Commission on each
council’s performance in meeting its Best Value duties at least once over the
five-year audit appointment. The programme of Controller reports will
commence in October 2023. There are therefore no such reports required for
2022/23 audits. Based on the current provisional timetable, the Controller of
Audit will report on Midlothian Council’s performance in meeting its Best Value
duties in financial year 2026/27. If the timetable is changed, the auditor will
update the Council. 
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5. Vision, leadership and governance | 27 
5. Vision, leadership and
governance
Public sector bodies must have a clear vision and strategy and set
priorities for improvement within this vision and strategy. They work
together with partners and communities to improve outcomes and foster
a culture of innovation.
Main judgements
Midlothian Council continues to have effective and appropriate governance
arrangements in place that support scrutiny of decisions made.
The Council has a clear vision, strategy and priorities
62.  The Accounts Commission Strategy 2021-26 sets out its priorities to focus
on inequalities, funding, communities and recovery. The Code of Audit practice
sets out the Best Value work required to report on these priorities. 
63.  Over our 5-year audit appointment, a separate management report from
auditors will be issued each year that details the outcome of thematic Best
Value work. It should be recognised that much of Best Value work overlaps with
the wider-scope elements. For 2022/23, our management report concludes on
the effectiveness of the Council’s leadership of the development of the Council’s
strategic priorities, following the 2022 local government elections. 
64.  The Best Value section of this report highlights that the new Single
Midlothian Plan sets out a clear vision for Midlothian and also identifies success
measures to monitor performance.
Midlothian Council has appropriate governance arrangements
in place to support effective scrutiny, challenge and informed
decision making
65.  The governance and transparency arrangements we consider in reaching
our conclusions include:
• Council and committee structure and conduct
• overall arrangements and standards of conduct including those for the
prevention and detection of fraud, error, bribery and corruption. This
includes action in response to the National Fraud Initiative
•  openness of Council and committees
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5. Vision, leadership and governance | 28 
• reporting of performance and whether this is fair, balanced and
understandable. 
66.   The Council’s governance arrangements have been set out in the annual
governance statement in the annual accounts. We have reviewed these
arrangements and concluded that they are appropriate and effective. Our
observations at committee meetings have found that these are conducted in a
professional manner and there is a reasonable level of scrutiny and challenge
by members. 
67.  We consider that governance arrangements remain appropriate and
support effective scrutiny, challenge and decision making.
Climate change arrangements
68.  The Scottish Parliament has set a legally binding target of becoming net
zero by 2045 and has interim targets including a 75% reduction in greenhouse
gas emissions by 2030. The public sector in Scotland has a key role to play in
ensuring these targets are met and in adapting to the impacts of climate
change.
69.  The Council recognises the strategic risks of fulfilling the requirements of
the Climate Change Act including staffing and significant financial investment
and began actively managing the risks in 2019. The Council declared a climate
emergency in December 2019 and published its Climate Change Strategy and
action plan in August 2020. 
70.  A Carbon Charter and action plan for Midlothian Businesses has been
created and includes local, national and international resources to support
businesses to become more energy and carbon efficient. 
71.  A Climate Emergency Group has been established to monitor progress of
the Council’s ambitious targets. The group consists of elected members,
individuals and representatives of the community councils and community
groups, national government agencies, third sector organisations, the local
chamber of commerce, landowners and Midlothian Energy Ltd. 
72.  Failure to adapt to climate change is included in the Council's corporate risk
register and is actively monitored through the corporate risk management
process. We will continue to review progress against actions identified to
mitigate the risks.
73.  The Auditor General and Accounts Commission are developing a
programme of work on climate change. This involves a blend of climate change-
specific outputs that focus on key issues and challenges as well as moving
towards integrating climate change considerations into all aspects of audit
work. 
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6. Use of resources to improve outcomes | 29 
6. Use of resources to improve
outcomes
Public sector bodies need to make best use of their resources to meet
stated outcomes and improvement objectives, through effective
planning and working with strategic partners and communities.
Conclusions
The Council has appropriate arrangements in place for improving services and
monitoring desired outcomes through a balanced scorecard approach. 
Internal audit conducted a review and published a report on performance
management and performance indicators in 2023. The report provided substantial
assurance in the reporting of performance indicators. 
Midlothian Council has an appropriate performance
management framework in place
74.  The Council has a revised Planning and Performance Management
Framework (PPMF). The framework sets out arrangements to ensure the
Council can demonstrate a focus on outcomes while continuing to reflect
statutory performance reporting requirements set out in the Statutory
Performance Information Direction 2021.
75.  In response to the 2019 BVAR, the Council implemented a digital
dashboard performance management system, Pentana Browser, where elected
members can access up-to-date performance data.
76.  The CPP Board monitors performance of the Single Midlothian Plan every
six months with the annual report highlighting success stories arising from the
achievement of outcomes. The Council use a separate balanced scorecard to
track the performance indicators for the services it is directly responsible for. 
77.  There are 21 key indicators presented as relating to the SMP and these are
split between the SMP’s three stated outcomes (Individuals and Communities
have Improved Health and Learning Outcomes, No Child or Household Living in
Poverty, Significant Progress is made towards Net Zero Carbon Emissions by
2030). In 2022/23, 12 were reported as on target, 4 off target, 2 data only and 3
no data available. Results for all perspectives are detailed below.
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6. Use of resources to improve outcomes | 30 
Exhibit 7
Summary of 2022/23 Balanced Scorecard Results 
Perspective On
Target
Off
Target
Data Only No Data
available 
SMP Key Indicators 12 4 2 3
Customer/Stakeholder 16 8 26 3
Financial Health 1 1 16 0
Internal Processes 2 2 7 0
Learning and Growth 1 0 9 0
Source: Midlothian Council Balanced Scorecard 2022/23
78.  The Accounts Commission’s 2021 Statutory Performance Direction defines
the performance information that councils must publish. The Direction states
that each council will report a range of information covered by the following two
indicators:
• Statutory Performance Indicator 1: Improving local services and local
outcomes 
• Statutory Performance Indicator 2: Demonstrating Best Value
79.  The commission does not prescribe how councils should report this
information but expects them to provide the public with fair, balanced and
engaging performance information.
Improving local services and local outcomes
80.  We have evaluated Midlothian Council’s arrangements for fulfilling the
above requirements and concluded that appropriate arrangements are in place
for improving services and monitoring desired outcomes through a balanced
scorecard approach. The balanced scorecard was approved at the June 2023
Midlothian Council meeting alongside the Council service plans. There are 113
indicators set out in a dashboard format. A RAG status is included to show how
many indicators are on target and areas where data is missing. The balanced
scorecard enables comparison over time and with other similar authorities by
providing comparable figures for a 6 year period and performance against other
councils forms part of the benchmarking. Citizens can view the scorecards and
performance reports on the Council website.
81.  Internal audit conducted a review and published a report on performance
management and performance indicators in 2023. The report provided
substantial assurance in the reporting of performance indicators though it did
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6. Use of resources to improve outcomes | 31 
highlight that there was scope for improving the audit trail in some limited areas,
in relation to Local Government Benchmarking Framework indicators.  This was
a low risk recommendation which had been accepted for action by Executive
business Managers.
Demonstrating Best value
82.  Best value principles have been built into the PPMF and the document
highlights the importance of evaluating and scrutinising performance to ensure
continuous improvement. In particular it highlights that there will be:
• a balance in reporting areas of improvement that have been achieved
and not achieved.  This is demonstrated in the annual scorecard report
published by the Council 
• that the reporting will be undertaken in a timely manner -  quarterly
reports on performance are timely as seen through the committee
minutes
• easy access to its performance information for all of its citizens and
communities, with such information presented in an accessible style –
there are links provided on the Council website.
83.  It is clear that best value considerations are taken into account throughout
the Council and have been considered at a strategic and local level when
drawing together corporate priorities, assessment and action, with some reports
drawing attention to specific best value principles where appropriate.  Best
Value principles are embedded within the Council. This is supported through the
introduction of a Best Value framework in May 2023. 
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Appendix 1. Action plan 2022/23 | 32 
Appendix 1. Action plan
2022/23 
2022/23 recommendations 
Issue/risk Recommendation  Agreed management
action/timing
1. Review of control
accounts for classifications
Our audit work identified
some areas where the
classification of transactions
or balances was incorrectly
disclosed within the notes to
the accounts.
Risk – the notes to the
accounts do not reflect the
underlying categories of the
transactions.
The Council should ensure
going forward that control
accounts such as trade
debtors are reviewed to
ensure balances with central
government and other public
sector bodies are classified
appropriately at the year-end.
Exhibit 2,4 
A further layer of internal
review will be implemented
for the 2023/24 accounts to
ensure that the accuracy of
Balance Sheet and
Disclosure note classification
is enhanced.
Chief Financial Officer
March 2024
2. Journals
We reviewed the journals
across the year to identify
those which had been posted
by those with a higher level of
access. We identified some
journals which relate to
former employees, however,
they relate to interfaces with
the ledger which are not
actually posted but are
automatic journals.
Risk – there is a risk of fraud
or error.
Journals procedures should
be reviewed to minimise the
risk with the ability of
members of the finance team
to approve their own journals.
Exhibit 5,1 
We operate a control
environment where staff at a
designated level of seniority
do not require counter
signature. This being a
reflection of the trust placed
in senior employees and also
to maintain a degree of
practicality. I feel this is an
acceptable risk for journal
entries as non-cash
transactions.
Chief Financial Officer
October 2023 
3. Bank reconciliations
Bank reconciliations were
performed for each month of
the year but the
The Council should ensure
bank reconciliations are
performed and reviewed in a
timely manner. The Council
should also consider the bank
There was a period during
2022/23 where reconciliations
were not completed in line
with normal established
timescales due to staff
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Appendix 1. Action plan 2022/23 | 33 
Issue/risk Recommendation  Agreed management
action/timing
reconciliations completed for
periods 10 to 12 were not
completed timeously.
In addition, at the year-end
we identified over 20 bank
accounts (mainly imprest
accounts) with small
balances which were not
reconciled to the ledger on a
regular basis.
Risk – there is a risk that
errors may not be picked up
and corrected timeously.
There is also a risk that the
Council is operating a
number of bank accounts
which are no longer required.
accounts held and if they are
still required. 
Exhibit 5,2
unavailability. Since then
reconciliations have returned
to a normal cycle.
Chief Financial Officer
October 2023
4. Payroll reconciliations
The Council undertakes a
reconciliation between the
ledger and the payroll system
on a monthly basis in line
with good practice. We
reviewed an example of one
month’s reconciliation in
2022/23 and found limited
evidence that the
discrepancies between the
ledger and payroll were being
followed up or investigated on
a timely basis.
The Council should ensure
any work conducted in
reconciling the ledger to
payroll is appropriately
evidenced.
Exhibit 5,3 
Agreed. 
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Appendix 2. Summary of uncorrected misstatements | 34 
Appendix 2. Summary of
uncorrected misstatements 
We report all uncorrected misstatements in the annual report and
accounts that are individually greater than our reporting threshold of
£250,000.
The table below summarises uncorrected misstatements that were noted during
our audit testing and were not corrected in the financial statements.
Cumulatively these errors are below our performance materiality level as
explained in Exhibit 1. We are satisfied that these errors do not have a material
impact on the financial statements.
Narrative Account areas
Comprehensive Income
and Expenditure
Statement
Balance Sheet
Accounting
Misstatements 
Dr Cr Dr Cr  
£m £m £m £m
1. Asset addition
recognised in incorrect
period
Payables       0.312
PPE     0.312  
2. Expenditure
reclassification
CIES 0.631      
PPE additions    0.631
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Appendix 2. Summary of uncorrected misstatements | 35  
Midlothian Council
2022/23 Annual Audit Report 
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
AS.4.0 
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Page 62

Prepared by Audit Scotland
December 2023
Leadership in the
development of
new local strategic
priorities 
Midlothian Council
Best Value thematic work in 2022-23 
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Best Value thematic work in 2022-23 | 2   
Contents 
Key messages 3
Scope of the audit 4
Council vision and priorities 6
Community engagement and feedback 9
Reducing inequalities and tackling climate change 11
Alignment of delivery plans 14
Leadership 17
Appendix 1 19
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Key messages | 3 
Key messages 
1 Midlothian Council has demonstrated ongoing commitment to best value
since our Best Value Annual Report 2019. We have noted improvements in
performance reporting and medium term financial planning as well as the
strengthening of officer member relationships. 
2 The Council works well with its community planning partners and citizens and
this has facilitated the creation of the Single Midlothian Plan and a clear
vision for Midlothian to create “a great, green place to grow” over the next
four years. 
3 The Council and its partners are actively working to address inequalities.
There is a cross party cost of living task force which has moved from taking a
crisis intervention approach to a preventive approach and a child poverty
strategy and plan has been produced. 
4 The Council has adopted an ambitious target to be net zero by 2030. Its
vision, outcomes and priorities clearly reflect the importance it places on this.
But achieving this target brings resourcing and financial risks which the
Council is actively managing. 
5 The latest five-year revenue budget strategy agreed in September 2023 is
projecting a budget gap of £34.7 million to 2028/29. The Council recognises
that transformation is essential to ensure service delivery remains financially
sustainable and has published a Transformation Blueprint for Midlothian. The
Transformation Blueprint which aligns with the five-year revenue budget
strategy to 2027/28 aims to create a wellbeing economy. However, detailed
workforce and digital plans required to deliver transformation continue to be
developed in partnership with elected members, Council staff and partners.
New strategic leads for Digital and Human Resources have been appointed
to lead this work.
6 We have observed improved constructive relationships between members
and officers which have facilitated the creation of the Cost of Living
Taskforce, chaired by the Council Leader and the Transformation Blueprint. 
7 The Council has taken steps to improve decision-making and encourage
scrutiny. Midlothian Council has an appropriate approach to ensuring there is
sufficient knowledge at a member level to support the decision making and
scrutiny.
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Scope of the audit | 4 
Scope of the audit 
1. When discussing the Local Government in Scotland Overview 2022, the
Chair of the Accounts Commission noted: “Councils are operating in a complex
and increasingly volatile, unprecedented and unpredictable environment. Strong
leadership from councils is needed now more than ever, with new and returning
Councillors being able and willing to make difficult decisions about where and
how to spend highly pressurised resources.”
2. This report concludes on the effectiveness of the Council’s leadership of the
development of the Council’s strategic priorities, following the 2022 local
government elections.
3. The Accounts Commission’s Strategy (2021-26) sets out its priorities to focus
on inequalities, funding, communities and recovery. The Code of Audit Practice
sets out the Best Value work required to report on these priorities. 
Code of Audit Practice 2020 Best Value reporting requirements
Best Value reporting – extract from the Code
87. The Accounts Commission’s approach to Best Value involves reporting on individual local
government bodies and thematically across the local government sector through
performance reports:
• As part of their integrated wider-scope annual audit work appointed auditors use a risk-
based approach to assess and report whether the audited body has made proper
arrangements for securing Best Value and is complying with its community planning
duties, including reporting progress against previous Best Value findings and
recommendations.
• The Accounts Commission also requires the Controller of Audit to report to the Accounts
Commission on each Council or Integration Joint Board (IJB) at least once over the five-
year audit appointment on the body’s performance on its Best Value duty. This enables the
Accounts Commission to make findings for improvement where appropriate. 1
• The Accounts Commission reports nationally on thematic aspects of local government
bodies’ approaches to, and performance in, meeting their Best Value and community
planning duties. Local government appointed auditors report locally on any such Best
Value thematic work prescribed by the Accounts Commission. 
1 The Controller of Audit will report the first tranche of Council BV reports to the Commission
between October 2023 and August 2024 on Moray, Falkirk, Dundee City, Orkney Islands,
South Ayrshire, Dumfries and Galloway, Clackmannanshire and West Dunbartonshire.
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Scope of the audit | 5 
4. This report covers the thematic aspect of the Best Value audit requirements.
The Commission has directed auditors to report on the effectiveness of the
leadership of the development of the Council’s strategic priorities. 
5. In carrying out the work auditors have considered the following questions: 
• How clear is the new Council vision and its priorities?
• How effectively have the views of citizens and communities been reflected
in the priorities and decisions taken by the Council?
• How effectively do the Council priorities reflect the need to reduce
inequalities and climate change?
• How good are the delivery plans and is there alignment of financial,
workforce, asset and digital plans with the Council’s priorities? 
• Overall, how effective has the leadership been (political and officer) in
setting clear priorities and a sustainable approach to delivering them?
6. An improvement action plan is included at Appendix 1 of this report. This sets
out audit recommendations in key areas, and the Council’s planned response
including responsible officers and dates for implementation.
7. The coverage of the work is in line with the expectations for councils’
arrangements for the seven Best Value themes in the Local Government in
Scotland Act 2003, Best Value Statutory Guidance 2020. 
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Council vision and priorities | 6 
Council vision and priorities 
8. A Council focused on achieving Best Value in how it operates will be able to
demonstrate that elected members and officers have a clear vision and
priorities for their area.
9. The Local Government in Scotland Overview 2022 says that Scotland’s
councils have had a pivotal role in supporting and working with communities as
they respond to the impacts of Covid-19. Following the Council elections in May
2022, councils will have reviewed their priorities. 
The Council has created a clear vision through joint working
with its community planning partners
10. Midlothian Council (the Council) agreed its Single Midlothian Plan 2023-27
(SMP) in June 2023. 
11. The SMP was developed through joint working with community planning
partners, engagement with citizens and the Citizens Panel, and following
various stakeholder events throughout 2022. (refer to paragraph 22). It has
been written in plain English to improve accessibility and marks a move from
short term to medium term planning for the Council and its community planning
partners. 
12.  The Council has created a clear vision for Midlothian to create “a great,
green place to grow” over the next four years. 
13. Exhibit 1 sets out the Council’s vision statement. The vision is supported by
three key outcomes and seven thematic groups which have been established
within the Community Planning Partnership (CPP). Each of the seven thematic
groups have set out their own improvement actions:
Exhibit 1 
Single Midlothian Plan 2023-27
Vision statement 
By working together as a Community Planning Partnership,
individuals and communities will be able to lead healthier, safer
and greener lives by 2030. No child or household need live in
poverty. Midlothian will be a great green place to grow by
achieving our net zero carbon ambitions and supporting local
people to strengthen the skills they need for learning, life and
work.
Individuals and communities have improved health and skills for
learning, life and work 
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Council vision and priorities | 7 
Three Key
Outcomes 
No child or household living in poverty 
Significant progress is made towards net zero carbon emissions
by 2030
Thematic
priorities 
Midlothian will be healthier 13 actions
Midlothian will be safer  10 actions
Midlothian will Get it Right for Every
Child 12 actions
Midlothian will support residents to
improve employability and
outcomes in our communities
24 actions
Midlothian will be green 21 actions
Midlothian will have a wellbeing
economy and be better connected 9 actions
Midlothian will work towards
reducing poverty 18 actions 
Total  107 actions
Source: Single Midlothian Plan (SMP) 2023-27 
14. The SMP is a live document and is informed by consultation through the
thematic groups. The work of CPP is reported to communities for feedback. In
addition, key equality groups (Midlothian Peoples Equality Group and Faith
Partnership Group) provide direct feedback and the Housing Services Tenant
Participation Officer liaises with the tenants group over the actions within the
SMP.
Performance reporting is continuing to improve
15. The CPP Board monitors performance of the Single Midlothian Plan every
six months with the annual report highlighting success stories arising from the
achievement of outcomes. The Council uses a separate balanced scorecard to
track the performance indicators for the services for which it is directly
responsible. In response to the 2019 Best Value Assurance Report, the Council
implemented a digital dashboard performance management system, Pentana
Browser, where elected members can access up-to-date performance data. 
16. The Single Midlothian Plan H2 Performance Report which included the
SMP balanced scorecard indicators was approved at the June 2023 Midlothian
Council meeting alongside the Council service plans. There are 110 indicators
set out in a dashboard format. A RAG status is included to show how many
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Council vision and priorities | 8 
indicators are on target and areas where data is missing. Citizens can view the
scorecards and performance reports on the Council’s website.
17. Improvements in performance reporting, incorporating both quantitative and
qualitative data over time, are assisting the Council and partners more clearly in
demonstrating performance against agreed actions and targets. 
The Council’s vision and priorities have been shared with
citizens and staff 
18. The Council has engaged with citizens and staff to articulate its vision and
priorities. The Council shared details of the renewed SMP with members of the
public in June 2023 through a press release and the SMP is available on the
Council’s website. 
The Council is arranging more community planning events to
showcase the work of the partnership
19. A community planning launch event took place in November 2023 and over
the next four years there is expected to be an increased profile of community
planning led events, showcasing the work of the partnership.
20. The chief executive shares the vision and priorities with staff through a
weekly email bulletin, the Leadership Forum and through a separate bulletin to
stakeholders. 
21. Midlothian Council is a partner with the 5 other local authorities that make
up the Edinburgh and South East Scotland City region, who together with
regional universities, colleges and the private sector signed a City Region Deal
with the UK and Scottish Governments, with a value of over £1.3 billion. The
City Region Deal aims to drive productivity and growth while reducing
inequalities and deprivation, pulling in significant government investment by
innovation, skills and infrastructure. Performance will be significantly improved,
and the inclusive growth will tackle inequality and deprivation.
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Community engagement and feedback | 9 
Community engagement and
feedback 
22. Councils, with their community planning partners, have a responsibility to
ensure that people and communities are able to be fully involved in the
decisions that affect their everyday lives. There must be a focus on getting the
services people need in place, to have the best impact on the lives of
individuals and communities. 
23. Early and meaningful engagement and effective collaboration with
communities to identify and understand local needs, and in decisions that affect
the planning and delivery of services should be a core part of determining a
Council’s vision and priorities. 
24. In Midlothian, the Community Planning Partnership is led by the Community
Planning Partnership Board which is made up of members from many
organisations including Police Scotland, NHS Lothian, various community
groups and Midlothian Voluntary Action. There is a Community Planning
Working Group which reports to the Board, and this group is supported by the 7
thematic groups (Exhibit 1).
The Council worked with key stakeholders to develop shared
priorities which informed the Single Midlothian Plan 
25. Community engagement and feedback is important to Midlothian Council.
There is supporting evidence that the Council meets with Public, Private,
Voluntary sectors and local communities on a regular basis throughout the year.
To inform the development of the SMP an annual community planning
development day was held, with over 70 representatives from the Council,
community groups, and third sector organisations. This provided an inclusive
forum for attendees to reflect on the previous SMP and to analyse survey
results from a citizen panel to form actions for the new plan. 
26. Three additional events were held in May 2023 to gain feedback on the
draft plan and the draft plan was also circulated across the CPP network of over
3,500 people for comments.
27. In recognition that some community groups are harder to reach the
Midlothian Youth Platform organised events to gather the views of young people
aged 12-21. This included a conference called a “Hackathon” at Dalkeith
Primary which was attended by around 70 people. 
28. The Council has reported the following additional successes through
engaging with communities:
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Community engagement and feedback | 10 
• Annual participation measure for young people over 16 is 93.4% for
Midlothian (2022/23: 95%).  
• Following public consultations, the Council created a cross party cost of
living task force in June 2022 to tackle the increased pressure on
household finances. Five elected members continue to meet monthly to
identify local solutions to support families in crisis and work with partner
agencies and local organisations to put support in place. 
• In November 2022 a public consultation was held on road speed limits in
the area. Over 1,000 comments and suggestions were received from local
residents, community councils and other organisations. The Council
approved the creation of an action plan in May 2023 which will be
considered at a future Council meeting and shared on the Council’s
website to update participants on the final results.
• The Council’s ageing well programme has delivered over 50 activities
each week.
• Volunteering at Midlothian Community Hospital has increased by 125%.
•  A grant of £10,000 has been obtained for the Midlothian Tourism Forum.
• Biodiversity work has been included in the school curriculum. 
• The number of children and young people receiving support from
community-based services increased.
• 1-1 support was offered for 22 Third Sector organisations.
• This year 3,300 volunteer hours were spent in countryside sites ensuring
an attractive, safe and welcoming environment for all to enjoy. Volunteer
numbers have increased significantly over the last few years, with a 20%
increase in volunteer hours this quarter compared to the same period last
year. Green flag status was awarded for Kings Park Dalkeith and Straiton
Pond. The awards for Countryside sites demonstrate the success of close
partnership working between volunteers and their coordination by our
Ranger Service.
• The Countryside Ranger Service continues to engage with communities
and volunteers on various initiatives and events. Grassland management,
to increase pollinator species and carbon sequestration rates, was carried
out at Vogrie, Roslin and Straiton Pond by volunteers cutting and lifting
wildflower rich meadow areas. ‘Vogrie Bioblitz’ of the former golf course
took place with partners and volunteer recorders to gather information on
species as a benchmark for future management interventions in species
diversity. Butterfly surveys were carried out weekly from April to
September by volunteers as part of a national monitoring scheme. 
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Reducing inequalities and tackling climate change | 11 
Reducing inequalities and
tackling climate change 
29. Council priorities are expected to reflect the Best Value expectations that all
activity should contribute to tackling poverty, reducing inequality and promoting
fairness, respect and dignity for all citizens, alongside a focus on sustainable
development, including climate change.
30. The Accounts Commission’s Local Government in Scotland Overview 2023
report highlights that changing demographics, the pandemic and the cost-of-
living crisis have increased pressure on Council services and people already
experiencing inequality are most affected. As councils take steps to radically
change how they deliver services, the needs of the most vulnerable or people
living in poverty must be at the centre. 
31. The Accounts Commission’s report also notes that councils have a critical
role in achieving Scotland’s national climate change goals and contributing
towards the national target of net zero by 2045. 
32. Around two-thirds of councils have formally declared a climate emergency,
and COSLA’s Blueprint for Local Government states that climate change is a
‘greater threat than COVID’. The Scottish Government has recently published
guidance on public sector leadership on the global climate emergency to help
public bodies in leading climate action. Addressing the climate emergency and
setting actions to achieve net zero will need to be a key element of councils’
recovery and renewal from the pandemic.
The Council has a clear focus on reducing poverty and tackling
inequality
33. The Council has a clear focus on the UN Convention of the Rights of the
Child and has carried out a significant amount of work in delivering against the
UNCRC as evidenced in the Midlothian Children’s Rights Report 2020-2023. As
a child-centred organisation, the UNCRC provides the Council and NHS Lothian
with a platform to help determine progress in improving and promoting the
wellbeing of children.
34. Work is ongoing across the Council in partnership with NHS, Police and 3rd
sector organisations to improve educational attainment and achievement,
improve health and wellbeing outcomes, support parents and carers, reduce
unemployment and ensure the participation of young people.
35. The Council has set up a cross party cost of living task force and moved
from taking a crisis intervention approach to a preventive approach.
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Reducing inequalities and tackling climate change | 12 
36.  The Council has an established strategic poverty prevention group
comprising cross party elected members, public health workers and
representatives from partner organisations and communities. The group, which
was established in the Autumn 2022, is working with the Midlothian Financial
Inclusion Network on cost of living issues. In addition, the Council jointly leads a
child poverty working group with NHS Lothian and they report annually on
locally agreed actions to reduce child poverty during the year. 
37. The strategic poverty prevention and the child poverty working groups plan
to collaboratively develop a long term child poverty strategy and action plan by
2024-25. It will be informed by Midlothian’s Scottish Index of Multiple
Deprivation profile and people with lived experience. 
38. Understanding the areas in Midlothian where the population is most income
deprived will help to target and measure actions to reduce child poverty. This
data will be used as one source of information to continue to inform the
development of a Child Poverty Index and Poverty locality maps, using multiple
data sources that will ensure a more robust data set.  The CPI uses DWP Low
Income families, Free School Meal, School Clothing Grant and Education
Maintenance Allowance data to identify geographic areas where high levels of
child poverty may be prevalent.
39. Elected Members, the Council Management Team and staff attend, or
complete mandatory online equality and diversity awareness training and it is
included in the staff induction programme. 
40. The Council engages with local equality groups including the Peoples
Equality Group, Young People’s Advice Service and LGBT Youth Group through
various events and forums. Some examples of this engagement are:
• Equal Midlothian week which was held in March 2023 and included events
on topics including disability and cooking skills. 
• The Depute Provost was appointed as the Midlothian Council Equalities
and White Ribbon Champion, which is an initiative to encourage men to
end violence against women.
41. Midlothian Council uses an Integrated Impact Assessment (IIA) tool to
examine the impact of decisions on the community. IIAs are required for all
policies that affect people to ensure the impact is considered equally including
for those with protected characteristics. 
Reducing climate change is a strategic priority for the Council
and it is considered a corporate risk
42. Tackling climate change is central to the SMP 2023-27 and its vision for the
area. The Council has an agreed outcome in the SMP to make significant
progress towards its 2030 target of net zero carbon emissions. 
43. The Council recognises the strategic risks of fulfilling the requirements of
the Climate Change Act including staffing and significant financial investment
and began actively managing the risks in 2019. The Council declared a climate
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Reducing inequalities and tackling climate change | 13 
emergency in December 2019 and published its Climate Change Strategy and
action plan in August 2020. 
44. A Carbon Charter and action plan for Midlothian Businesses has been
created and includes local, national and international resources to support
businesses become more energy and carbon efficient. 
45. A Climate Emergency Group has been established to monitor progress of
the Council’s ambitious targets. The group consists of elected members,
individuals and representatives of the community councils and community
groups, national government agencies, third sector organisations, local
chamber of commerce, landowners and the Council’s joint venture; Midlothian
Energy Ltd. 
46. Failure to adapt to climate change is included in the Council's corporate risk
register and is actively monitored through the corporate risk management
process. We will continue to review progress against actions identified to
mitigate the risks. 
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Alignment of delivery plans | 14 
Alignment of delivery plans 
47. Making the best use of public resources is at the heart of delivering Best
Value. With clear plans and strategies in place, and with sound governance and
strong leadership, a council will be well placed to ensure that all of its resources
are deployed to achieve its strategic priorities, meet the needs of its
communities and deliver continuous improvement. 
48. In our Local Government in Scotland Overview 2023, we acknowledged that
budget constraints and increasing cost pressures are putting councils’ finances
under severe strain. An increasing proportion of funding is ringfenced or
directed for national policy initiatives. While this is important to help deliver
national priorities, it prevents councils from making decisions about how funds
can be used at a local level, to meet local need. Increasingly difficult choices
about spending priorities and service provision are having to be made.
Delivering services differently should be focused on improving performance and
outcomes in ways that are innovative, affordable, and sustainable.
The five-year revenue budget strategy agreed in September
2023 is projecting a budget gap of £34.7 million to 2028/29 
49. In February 2023, the Council agreed a five-year revenue budget strategy
for the period 2023/24 to 2027/28. At that time the strategy was projecting a
cumulative budget gap of £15 million by 2027/28. The Council updated the five-
year revenue budget strategy in September and the cumulative projected
budget gap has increased significantly to £24 million to 2027/28.
50. We performed a review of the Council’s annual budget setting
arrangements and have concluded that the budget process implemented by the
Council appears to be well established and officers and Finance Business
Partners are very clear about their responsibilities and time frames. The
process involves strong scrutiny arrangements, with the Business
Transformation Steering Group and Council both having opportunities to
scrutinise the budget and consider opportunities to reduce any emerging budget
gap. The budget setting document includes realistic financial assumptions and it
offers good information regarding where there are projected over and
underspends. It also gives brief explanations and context setting as appropriate. 
51. Savings proposals to bridge the budget gap were previously considered in
the annual budget setting meetings but are now considered by the Business
Transformation Steering Group (BTSG). This enables savings proposals to be
agreed so that the Council is able to invest in its vision and corporate priorities. 
52. Midlothian is the fastest growing Council area and this presents challenges
in terms of increased service demand within its funding allocation which is
based on historical population data. The Council have performed budget
exercises using the latest 2022 Scottish census data which the Council state
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Alignment of delivery plans | 15 
result in significant increased funding for Midlothian. The Council is taking
significant steps to obtain a solution to the funding gap, formally writing to the
UK and Scottish Governments regarding the issue and exploring options for a
Growth Fund and revisions to the Local Government funding floor.   
53. It is clear that the Council faces heightened financial challenges in
delivering balanced budgets and financially sustainable services and radical
solutions and robust financial plans will be needed to ensure service delivery
remains financially sustainable. 
New service plans are in place and demonstrate clear links to
the Council’s strategic plans and Single Midlothian Plan
54. Service plans were approved by the Council in June 2023. Each service
has a service improvement plan that links the local outcomes to the
commitments in the Single Midlothian Plan and Council strategic priorities.
Progress of the plans are scrutinised quarterly by the Cabinet and Performance,
Review and Scrutiny Committees. 
55. The service plans are sufficiently detailed and include the main priorities
that the Council are looking to pursue. The plans are interconnected ensuring
that the key priorities are being monitored and worked on. They identify each
service’s performance and challenges well and provide good level of detail in
terms of planned actions for the coming quarters.
The Council has aligned its key strategies to recover from
Covid-19 by focusing on creating a wellbeing economy 
56. The Council’s Transformation Blueprint aims to bridge the Council’s
projected funding gap and builds on the previous Route Map through and out of
the Covid Pandemic. It aligns with the Medium Term Financial Strategy 2023/24
- 2027/28 and has an allocation of £2 million from the General Fund for delivery.
57. It has three main aims:
• individuals and communities have improved health and learning outcomes
• no child or household live in poverty
• significant progress is made towards the net zero agenda.
58. The Transformation Blueprint is aligned to the Scottish Government’s vision
for Scotland and the Wellbeing Economy Monitor. A wellbeing economy
includes promoting wellbeing, inclusion and fairness, and the environment. The
Transformation Blueprint also aligns to the Single Midlothian Plan 2023-27 and
is designed to help secure greater financial sustainability as well as making sure
the Council has the technology, assets, skilled staff and multi-agency working to
create more efficient and effective services for local people. 
59. There is an emphasis on workforce in theme 2 of the blueprint but we have
observed that the Council does not have a current workforce plan. However, the
2023/24 Corporate Services Service Plan outlines a number of updates in
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Alignment of delivery plans | 16 
relation to workforce planning. It notes that there is a Corporate Workforce Plan
in place, that workforce plans for all service areas is an objective for 2023/24,
and the rollout of a Wellbeing Strategy for the workforce is planned in 2023/24.
60. We have also observed that the current digital strategy covers the period
2020-2023 and is soon to be out of date. We have been advised that the
Council is currently revising the strategy.
61. The Council plans to deliver transformation in 19 sprints over the five year
period and a three year fixed term project management office will be
established to drive forward the Transformation Blueprint. Each programme will
have a series of key performance indicators embedded within each sprint. 
62. Performance will be monitored by senior management and quarterly reports
will be submitted to Cabinet and the Performance, Review and Scrutiny
committee. Performance improvement will be targeted towards moving the 41
low performing Local Government Benchmarking Framework indicators into the
upper quartiles in order to deliver better outcomes. 
63. The Council needs to closely monitor progress with the Transformation
Blueprint and ensure it can deliver its plans within the constrained financial
context.
64. The Capital Plan outlines the Council’s corporate priorities and the
considerations required relating to funding, governance and assessing
affordability. There is recognition through the prioritisation process engagement
between officers and members that there is a need to balance investment in
maintaining and enhancing existing infrastructure against the ambition for
developing new assets.
The Council engages with citizens in budget decisions
65. The Council have previously piloted a participatory budgeting process to
encourage citizens to get involved in the allocation of budgets. 
66. The Council carried out an online consultation on the 2023/24 budget. It
received over 450 responses. 12 Have Your Say emails and 84 social media
comments were also considered. The majority of responses were from
individuals but around 10% came from organisations. The results were provided
as part of the budget setting meeting papers to provide transparency for
members of the public. Examples of comments included: 
• “Maintaining leisure facilities is vital. Youngest are struggling with mental
health issues following covid. It is vital that they can exercise and clubs
are not forced to close as a result of price increases.”
• “Early years learning very important for struggling families, working
parents. Should be one of the priorities in Council list.”
• “Partner organisations provide really good value for money so do not cut
their budgets. Third sector are a great support.”
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Leadership | 17 
Leadership 
67. We have observed good constructive relationships between members and
officers which have facilitated the creation of the Cost of Living Taskforce and
the Transformation Blueprint. Effective leadership from councillors, chief
executives and senior officers, is key to councils achieving their objectives and
providing clear strategic direction. The complex local government environment
means collaborative leadership, working with partners, communities and
citizens to improve outcomes is more important than ever.
68. Leaders need to be skilled in effective strategic thinking, decision-making
and collaborative working and able to learn lessons from new ways of working.
Councillors and officers must continue to be clear on their roles in setting the
vision and planning for its delivery.
69. Leaders should continue to demonstrate behaviours and working
relationships that foster a culture of cooperation, and a commitment to
continuous improvement and innovation. Good conduct and behaviours when
working together are crucial. Working relationships between members and
between members and officers should be constructive and productive.
Councillors should show a commitment to agreed Council priorities and work
together to achieve them.
70. The current chief executive has been in post since 2018. She is supported
by three directors who are responsible for health, place and children, young
people, families, communities and partnerships.. 
71. The previous BVAR recommended that the Council develop and sustain
more constructive relationships between members and between members and
officers. There is evidence this is happening through discussions with officers
and members and the creation of the Cost of Living Task Force and creation of
the Transformation Blueprint. 
72. Members also worked together to agree the Medium Term Financial
Strategy in February 2023. This was supplemented by officer led briefings to all
three political groups prior to the full Council meeting. The Corporate
Management Team and Elected Members Business Transformation Steering
Group also discussed budget saving proposals and transformation priorities
prior to full Council approval. 
The Council has taken steps to improve decision-making and
encourage scrutiny 
73.  Prior to the local government election in May 2022 all Council committees
were chaired by the administration except the Performance Review and
Scrutiny Commitee and the Audit Committee. The new Council leader worked
with members following the election to ensure the current committee structure
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Leadership | 18 
has cross party representation. Additionally, in the last term all outside bodies
and organisations were allocated to administration members, but they are now
shared proportionately between the three political groups. This demonstrates
the Council has taken steps to improve decision-making, encourage scrutiny
and build Councillors’ personal development. The Council leader hopes this
approach will lead to the retention of Councillors at the next election.
The Council supports continuous improvement for elected
members and staff
74. Midlothian Council has an appropriate approach to ensuring there is
sufficient knowledge at a member level to support decision making and scrutiny.
Elected members were provided with a wide-ranging training programme as
part of the formal induction process following the local government election in
May 2022. The eight week programme covered all aspects of the Council and in
more complex areas such as treasury management, more regular briefing
sessions were provided. Sessions were generally well attended, with an
average attendance of 11 members across 30 sessions, ranging from three
members attending local by default to 16 members attending a session on local
government finance. Elected members are encouraged to maintain their own
personal development plans. 
75. In February 2022 the Council launched a staff survey in the Place
Directorate. Nesta innovation foundation was invited to conduct the research
and over 70 people participated. The “Listen and Learn” report led to several
improvements including: greater awareness of where staff can get support that
works for them at the right time; more managers implemented an open-door
policy; and a new IVF and miscarriage policy was created. 
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Appendix 1 | 19 
Appendix 1
Improvement Action plan 
Issue/risk Recommendation  Agreed management
action / timing
1. Financial sustainability 
In February 2023, Midlothian
Council agreed a five-year
revenue budget strategy for
the period 2023/24 to
2027/28. At that time the
strategy was projecting a
budget gap of £15 million by
2027/28. The Council
updated the five-year
revenue budget strategy in
September and the projected
budget gap has increased
significantly to £34.7 million
to 2028/29.
It is clear that the Council
faces heightened financial
challenges in delivering
balanced budgets and
financially sustainable
services (including statutory
services) and more radical
solutions will be needed to
ensure service delivery
remains financially
sustainable. 
Robust financial planning will
be required to make the
strategic decisions and
transformation necessary to
deliver financially sustainable
services into the longer term
(refer paragraph 53).
Management Response:
The budget gap for the
forthcoming financial year
will be updated as detailed
information becomes
available on Scottish
Government funding, the
position with council tax
increases, conditions
attached to Scottish
Government funding and
base budget pressures. The
Transformation Blueprint
sprints will develop savings
options and Capital Plan
Prioritisation will maintain an
affordable level of debt
charges. The projected
budget gap for the
remainder of the MTFS will
be updated in light of the
2024/25 budget setting. 
Officer: Corporate
Management Team
Date: 30 June 2023
2. Implementing the
Transformation Blueprint
The Council’s Transformation
Blueprint aims to bridge the
Council’s projected five year
funding gap and builds on the
previous Route Map out of
the Covid Pandemic. It aligns
with the Medium Term
Financial Strategy 2023/24 -
2027/28 and has an
The Council needs to closely
monitor progress with the
Transformation Blueprint and
ensure it can deliver its plans
within the constrained financial
context (refer paragraph 63).
Management Response: A
structured and regular
reporting mechanism for the
Transformation Blueprint is
in place and will continue.
Officer: Chief Executive
Date: Ongoing.
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Appendix 1 | 20 
allocation of £2 million from
the General Fund for delivery.
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Appendix 1 | 21   
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
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www.audit-scotland.gov.uk
AS.4.0  Page 82 of 366

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Midlothian Council
Tuesday 19 December 2023    
Item No  8.2 
Treasury Management Mid-Year Review Report 2023/24 
Report by David Gladwin, Chief Financial Officer & Section 95 Officer 
Report for Decision 
1 Recommendations 
Council is recommended to:- 
a) Note the report and the treasury activity undertaken in the period
to 30 September 2023, 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) Approve the technical revisions to the Prudential Indicators in
Section 7 of this report;
d) Note the loans fund rate performance relative to other Scottish
Local authorities, as outlined in Section 8, and the cash saving
(compared to the Scottish Average) that the Treasury
Management function brings to support the Council’s in-year
revenue budget. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to inform Council of the Treasury
Management activity undertaken during the first half of 2023/24 and the
forecast activity for the second half of 2023/24 in accordance with the
Treasury Management and Annual Investment Strategy approved in
February 2023.  It also provides an update to the Treasury and
Prudential Indicators for 2023/24. 
Council should note that in accordance with the Prudential Code, a draft
of the report was considered by Audit Committee on 5 December 2023,
with the report approved by Audit Committee as presented. 
Date: 5 December 2023
Report Contact:
Gary Thomson, Senior Finance Business Partner
gary.thomson@midlothian.gov.uk  
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2 
3 Background 
Governance 
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 was presented to Audit Committee
on 5 December 2023 for consideration prior to being presented to this
meeting of Council on 19 December 2023, with the report approved by
Audit Committee as presented. 
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.  The 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. 
This mid-year report has been prepared in compliance with CIPFA’s
Code of Practice on Treasury Management, and covers the following: 
• An economic update for the first half of the 2023/24 financial year;
• A review of the Treasury Management Strategy Statement and
Annual Investment Strategy 2023/24 (TM&AIS 2023/24) approved by
Council on 21 February 2023;
• The Council’s capital expenditure, as set out in the General Services
and HRA Capital Plan reports, and prudential indicators;
• A review of the Council’s borrowing strategy for 2023/24;
• A review of the Council’s deposit portfolio for 2023/24;
• A review of any debt rescheduling undertaken during 2023/24;
• A review of compliance with Treasury and Prudential Limits for
2023/24. 
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3 
4 Economic update for first half of 2023/24 
An economic update for the first part of the 2023/24 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. 
5 Treasury Activity during first half of 2023/24 
The main points arising from treasury activity in the year to 30
September 2023 were:- 
• Long term borrowing of £0.440 million matured, this being £0.331
million of Market Loans, £0.083 million of Salix loans and £0.026
million PWLB Annuities;
• £55.000 million of new funds on deposit were placed with
approved counterparties (high credit-worthy banks), refinancing
existing maturing deposits in line with the 2023/24 Treasury
Management and Annual Investment Strategy approved by
Council on 21 February 2023;
• The average interest rate earned on external funds on deposit in
the first half of the year was 4.65%. 
Loan Portfolio 
The Council’s loan portfolio as at 30 September 2023 is shown in table 1
below (position at 31 March 2023 also shown for comparison):- 
Table 1: Council’s Loan Portfolio at 31 March 2023 and 30 September
2023. 
Loan Type
31 March 2023 30 September 2023
Principal
Outstanding
£000’s
Weighted
Average
Rate
Principal
Outstanding
£000’s
Weighted
Average
Rate %
PWLB Annuity 505 8.91% 479 8.91%
PWLB Maturity 284,128 2.90% 284,128 2.90%
LOBO 20,000 4.51% 20,000 4.51%
Market Loans 16,886 2.68% 16,555 2.68%
Temporary Market Loans 0 n/a 0 n/a
Other Loans 235 0.00% 152 0.00%
Total Loans 321,754 3.00% 321,314 3.00%     
Underlying Borrowing Requirement* 347,661  363,850 
Over/(Under) Borrowing -25,908  -42,537 
* The Underlying Borrowing Requirement is the Capital Financing
Requirement excluding the “Public Private Finance” (PPP) Contract
Liabilities
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4 
The balance of external and internal borrowing is generally driven by
market conditions. 
At 30 September 2023 the Council was under borrowed by £42.537
million – this is the extent to which the Council has yet to finance its
current borrowing requirement from long term loans.  This position
reflects the Council’s use of working capital to fund part of the prior year
and current in-year borrowing requirement. 
This strategy of using internal borrowing (working capital) to fund the in-
year CFR is prudent given the current plateau in medium to longer-term
PWLB borrowing rates of c. 5.00%+, and the expected gradual drop in
these medium to longer-term PWLB borrowing rates over the remainder
of the current and forthcoming financial years as outlined in Appendix 4. 
Debt Rescheduling 
No Debt Rescheduling has taken place to date in the financial year. 
However, now that the whole of the yield curve has shifted higher there
may be opportunities for debt rescheduling in the future.  See Section 6
below for more detail. 
Funds on Deposit 
The Council’s funds on deposit portfolio as at 30 September 2023 is
shown in table 2 below (position at 31 March 2023 also shown for
comparison):- 
Table 2: Council’s Funds on Deposit Portfolio at 31 March 2023 and 30
September 2023 
Type
31 March 2023 30 September 2023
Principal
Outstanding
£000’s
Weighted
Average
Rate
Principal
Outstanding
£000’s
Weighted
Average
Rate %
Money Market Funds 15,980 3.96% 35,491 5.32%
Bank Call Accounts 2 3.80% 853 5.09%
Bank Fixed Term Deposits 86,000 3.93% 75,000 4.81%
Bank Certificates of Deposit 10,000 2.85% 0  n/a
Deposits with other Local Authorities 2,000 1.60% 0  n/a
Total Deposits 113,982 3.80% 111,344 4.98% 
£55.000 million of Bank Fixed Term Deposits were placed in May/June
2023, refinancing existing maturing deposits.  These deposits were
placed with approved counterparties in line with the TM&AIS 2023/24
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5 
approved by Council on 21 February 2023, with maturity of these funds
extending into the latter half of the 2023/24 financial year. 
The Chief Financial Officer & Section 95 Officer confirms that the
approved limits within the Annual Investment Strategy were not
breached during the first 6 months of 2023/24. 
6 Actual/Expected Treasury Activity during second half of 2023/24 
There are no proposed policy changes to the TMSS at this stage; the
expected activity in the second half of 2023/24 as outlined below
updates the treasury management position in light of the updated
economic position and Capital Plan budgetary changes already
approved by full Council. 
Borrowing 
Long term borrowing of £0.443 million will mature in the second half of
2023/24, this being £0.333 million of Market Loans, £0.083 million of
Salix loans and £0.027 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 table 3 below, with
only £4.664 million, or just 1.45%, of the Council’s total Loan Portfolio of
£321.314 million requiring refinancing over the remainder of the current,
and forthcoming four, financial years. 
Table 3: Maturity Profile of Existing External Loan Portfolio 
Financial Year 2023/24
Remaining
£000’s
2024/25-
2025/26
£000’s
2025/26-
2027/28
£000’s
2028/29-
2032/33
£000’s
2033/34-
2037/38
£000’s
2038/39+ 
£000’s
Debt Maturing 443 1,426 2,795 45,136 32,239 239,274
% of total portfolio 0.14% 0.44% 0.87% 14.05% 10.03% 74.47% 
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. 
The current PWLB yield curve is fully above 5.00% and is bell shaped
with a peak in rates around the 20-30 year tenor (5.50%).  5-10 year
rates at 5.00-5.10% and 50 year rates are c. 5.30%. 
The yield curve is expected to remain bell shaped over the short-medium
term, with a gradual shift downwards of the entire curve by c. 60-80bps
over the next 12 months and a further 60bps over the subsequent 12
months.  This is forecast to bring longer-term borrowing rates down to
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6 
between 4.40%-4.70% by December 2024 and between 3.70%-4.10%
by December 2025.  Further commentary on this is provided in Appendix
4: Link Treasury Solutions Limited Interest Rate Forecasts. 
The funding of the Council’s in-year and forward CFR is typically for
infrastructure with long asset lives (50-60 years), and the tenor of PWLB
and market loans are typically drawn with this in mind. 
Consideration for any new borrowing in the remainder of the 2023/24
financial year, to fund the Council’s in-year CFR, will seek to balance:- 
a) the security/certainty of current relatively high longer-term
borrowing rates of upwards of 5.30% in the 30-50 year duration
(which are forecast to drop by 80bps within one year and 140bps
within 24 months) and the potential additional budgetary pressure
that this brings in both the short/medium and longer term; with
b) the option to borrow initially for a shorter-term duration from
PWLB or other markets, for 2 to 5 years (at say c. 5.00%), to
allow the Council to fund the immediate in-year borrowing
requirement.  Based on current interest rate forecasts (see
Appendix 4), this would then allow the Council the option to
refinance this borrowing at initial maturity with less expensive,
longer term borrowing, e.g. a 45 to 48 year tenor in, say, 36
months at a forecast rate of c. 3.80%. 
As noted above, the Council’s proactive Treasury Management over the
last decade has put the Council in a strong refinancing position for its
external debt portfolio which allows the Council to slot in shorter dated
external borrowing into the current debt maturity profile to fund the in-
year borrowing required, to allow the Council to navigate past the current
expected hump in longer-term borrowing rates. 
It is expected that any further long-term borrowing that is undertaken in
2023/24 to finance the current & future year capital plans will be sourced
by drawing new PWLB loans at the Certainty Rate (which has been
available to the Council since 2012 and is priced at Gilts+80bps), and/or
the HRA rate.  The HRA rate is available to all Councils (for a minimum
period of 12 months from 15 June 2023) to fund HRA capital
expenditure, at a rate that is 40bps lower than the current certainty rate
available from the PWLB. 
Both the General Services and HRA capital programmes are being kept
under regular review due to the effects of inflationary pressures,
shortages of materials and labour, and the ratios of financing costs to the
net revenue streams.  The Council’s borrowing strategy will, therefore,
also be regularly reviewed and then revised, if necessary, to achieve
optimum value and risk exposure in the long-term.  The impact
particularly of the General Services Capital Plan Prioritisation – which is
being reported to Council in December – will have a significant bearing
on this. 
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Appendix 4 provides forecasts for interest rates from the Council’s
Treasury Management advisor, Link Treasury Solutions Limited.  Council
officers, in conjunction with Link, will continue to monitor daily long-term
borrowing rates in order to take advantage of any dips in the market or to
de-risk any change in the medium-longer term forecast for gilt yields. 
Debt Rescheduling 
Now that the whole of the yield curve has shifted higher there may be
opportunities for debt rescheduling in the remainder of the financial year. 
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; with only prudent and affordable debt rescheduling
that considers both the short and medium-longer term impact being
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
• liquidity, and
• finally to obtain an appropriate level of return which is consistent
with the Council’s risk appetite. 
In the current economic climate, it is considered appropriate to keep
deposits short term to cover cash flow needs, but also to seek out value
available in periods up to 12 months with high credit quality financial
institutions, using the Link suggested creditworthiness approach, which
includes a minimum sovereign credit rating and Credit Default Swap
(CDS) overlay information. 
£75.000 million of fixed term deposits held at 30 September 2023 mature
in the latter half of the 2023/24 financial year.  Based on the expected
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8 
future profile of the Council’s reserves, and particularly the HRA and
Capital Fund balances, it is expected that £70.000 million of these fixed
term 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 21 February
2023 in the 2023/24 Treasury Management and Annual Investment
Strategy, and with maturity of these funds extended into the latter half of
the 2024/25 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
5.27% to 5.36%, reflective of the increases to the Bank of England Base
Rate during the early part of the 2023/24 financial year. 
Given the expected plateauing 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 21 February 2023 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. 
An updated list of Countries for Deposits as at 17 November 2023 is
included as Appendix 5. 
Expected Loan & Fund on Deposit Portfolio at 31 March 2024 
Taking all of the above into account, the expected loan and funds on
deposit portfolio at 31 March 2024 is shown in Tables 4 and 5 below:- 
Table 4: Council’s forecast Loan Portfolio at 31 March 2024 
Loan Type
31 March 2024
Principal
Outstanding
£000’s
Weighted
Average
Rate
PWLB Annuity 452 8.91%
PWLB Maturity 351,032 3.35%
LOBO 20,000 4.51%
Market Loans 16,221 2.68%
Temporary Market Loans 0 n/a
Other Loans 70 0.00%
Total Loans 387,775 3.35%   
Underlying Borrowing Requirement 413,683 
Over/(Under) Borrowing -25,908 
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9 
Table 5: Council’s forecast Funds on Deposit Portfolio at 31 March 2024 
Type
31 March 2024
Principal
Outstanding
£000’s
Weighted
Average
Rate
Money Market Funds 20,000 5.25%
Bank Fixed Term Deposits 70,000 5.30%
Total Deposits 90,000 5.29% 
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7 Prudential & Treasury Management Indicators 2023/24 
It is a statutory duty for the Council to determine and keep under review
the affordable capital expenditure and borrowing limits as outlined in the
prudential and treasury management indicators reported as part of the
Council’s suite of treasury management reports. 
The following prudential indicators have therefore been refreshed from
those reported to Council on 21 February 2023 in the original Treasury
Management and Annual Investment Strategy Statement 2023/24. 
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
2022/23, and revisions to the capital expenditure and income budgets for
2023/24. 
Table 6: Prudential Indicators 2023/24 – Mid Year Update 
Indicator
2023/24
Original
Estimate
£000’s
2023/24
Current
Position
£000’s
2023/24
Revised
Estimate
£000’s
2023/24 Capital Expenditure 181,186 29,898 126,406
2023/24 Required Borrowing 128,715 20,393 75,130
2023/24 Underlying Borrowing Requirement* 472,662 363,850 413,683
2023/24 Gross External Borrowing 472,662 321,313 387,775
2023/24 Over/(Under) Borrowing 0 -42,537 -25,908    
Operational Boundary – Borrowing 472,662 413,683 413,683    
2023/24 Capital Financing Requirement** 561,401 452,589 502,422    
2023/24 Authorised Limit*** 472,662 472,662 472,662    
Net Income from Service Investments as % of Net Revenue Stream 0.01%  0.01%
Ratio of Financing Costs to Net Revenue Stream – General Services 1.57%  0.69%
Ratio of Financing Costs to Net Revenue Stream – HRA 43.67%  41.86%
Ratio of HRA Debt to Net Revenue Stream 886%  745%
Ratio of HRA Debt per Dwelling 38  32
* Excludes “On balance sheet” PPP schemes.
** Includes “On balance sheet” PPP schemes.
***  Equates to the original estimate of the 2023/24 Underlying Borrowing
Requirement 
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. 
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11 
The Underlying Borrowing Requirement strips out the latter of these
(long-term liability arising from the two PPP contracts) from the CFR. 
The Authorised Limit represents the statutory limit determined under
section 3 (1) of the Local Government Act 2003, and is the limit beyond
which borrowing is prohibited.  This limit needs to be set and revised by
Members.  For 2023/24 this was calculated to equate to the forecast
value of the 2023/24 Underlying Borrowing Requirement. 
During the half year ended 30th September 2023, the Council has
operated within the treasury and prudential indicators set out in the
Council’s Treasury Management Strategy Statement for 2023/24. 
All treasury management operations have also been conducted in full
compliance with the Council's Treasury Management Practices.  
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8 Performance Indicators 2022/23 – Comparison with Other Scottish
Local Authorities 
The Treasury Management Forum collates performance indicators for all
Scottish Local Authorities.  The indicators relating to financial year
2022/23 have been published and once again demonstrate the continuing
effectiveness of the Council’s Treasury function in maximising efficiency
in Treasury Management activity, with the Council having the lowest
weighted average borrowing & investment (loans fund) rate across all
Scottish mainland authorities in 2022/23 (2.41%). 
The Council has consistently maintained the loans fund rate as one of the
lowest across all Scottish mainland authorities for the last decade and
more.  Appendix 6 outlines the loans fund rate for each Scottish Local
Authority in 2022/23. 
Were the internal loans fund rate for 2022/23 to have equated to the
Scottish weighted average for 2022/23 of 3.49%, this would have
generated loan charges for Midlothian Council in 2022/23 of £16.9m.  The
Council’s actual 2022/23 loan charges for General Services and HRA
were £13.7m, representing a cash saving (compared to the Scottish
average) of £3.2m in 2022/23. 
The forecast loans fund rate of 2.29% for 2023/24 is expected to once
again be one of the lowest for all Scottish Local Authorities. 
9 Summary 
Treasury Management activity during the year to 30 September 2023
has been effective within the parameters set by the strategy for the year. 
Any further long-term borrowing for the remainder of 2023/24 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 21 November 2023. 
Officers will continue to review the opportunities available to the Council
for deposit of funds as governed by the approved strategy. 
The Prudential and Treasury Management Indicators have been updated
to reflect current capital expenditure and income projections. 
10 Report Implications 
10.1 Resource 
Expenditure from Treasury Management activity i.e. loan charges, was
reported in the quarterly financial positions to Council, with Quarter 2
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13 
monitoring reflected in the Financial Monitoring 2023/24 – General Fund
Revenue report that was presented to Council on 21 November 2023. 
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
were reviewed and approved by Audit Committee as part of the
presentation of the 2022/23 Mid-Year Review Report on 6 December
2022. 
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 2023/24 financial year
Appendix 2: PWLB Borrowing Rates 1 April 2023 to 30 September 2023
Appendix 3: Bank Rate and SONIA Rates 1 April 2023 to 30 September 2023
Appendix 4: Link Treasury Solutions Limited Interest Rate Forecasts
Appendix 5: Approved Countries for Deposits as at 17 November 2023
Appendix 6: Loans Fund Rate Comparison Scottish Local Authorities 2022/23 
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Appendix 1: Economic Update for first part of 2023/24 financial year 
The first half of 2023/24 saw: 
• Interest rates rise by a further 100bps, taking Bank Rate from 4.25% to
5.25% and, possibly, the peak in the tightening cycle.
• Short, medium and long-dated gilts remain elevated as inflation
continually surprised to the upside.
• A 0.5% m/m decline in real GDP in July, mainly due to more strikes.
• CPI inflation falling from 8.7% in April to 6.7% in August, its lowest rate
since February 2022, but still the highest in the G7.
• Core CPI inflation declining to 6.2% in August from 7.1% in April and May,
a then 31 years high.
• A cooling in labour market conditions, but no evidence yet that it has led
to an easing in wage growth (as the 3myy growth of average earnings
rose to 7.8% in August, excluding bonuses). 
The 0.5% m/m fall in GDP in July suggests that underlying growth has lost
momentum since earlier in the year. Some of the weakness in July was due to there
being almost twice as many working days lost to strikes in July (281,000) than in
June (160,000). But with output falling in 10 out of the 17 sectors, there is an air of
underlying weakness. 
The fall in the composite Purchasing Managers Index from 48.6 in August to 46.8 in
September left it at its lowest level since COVID-19 lockdowns reduced activity in
January 2021. At face value, it is consistent with the 0.2% q/q rise in real GDP in the
period April to June, being followed by a contraction of up to 1% in the second half of
2023. 
The 0.4% m/m rebound in retail sales volumes in August is not as good as it looks as
it partly reflected a pickup in sales after the unusually wet weather in July. Sales
volumes in August were 0.2% below their level in May, suggesting much of the
resilience in retail activity in the first half of the year has faded. 
As the growing drag from higher interest rates intensifies over the next six months,
the economy is likely to continue to lose momentum and fall into a mild recession.
Strong labour demand, fast wage growth and government handouts have all
supported household incomes over the past year. And with CPI inflation past its peak
and expected to decline further, the economy has got through the cost-of-living crisis
without recession. But even though the worst of the falls in real household
disposable incomes are behind us, the phasing out of financial support packages
provided by the government during the energy crisis means real incomes are unlikely
to grow strongly. Higher interest rates will soon bite harder too. The Bank Rate is
expected to remain at the probable peak of 5.25% until the second half of 2024. 
Mortgage rates are likely to stay above 5.0% for around a year. 
The tightness of the labour market continued to ease, with employment in the three
months to July falling by 207,000. The further decline in the number of job vacancies
from 1.017m in July to 0.989m in August suggests that the labour market has
loosened a bit further since July. That is the first time it has fallen below 1m since
July 2021. At 3.0% in July, and likely to have fallen to 2.9% in August, the job
vacancy rate is getting closer to 2.5%, which would be consistent with slower wage
growth. Meanwhile, the 48,000 decline in the supply of workers in the three months
to July offset some of the loosening in the tightness of the labour market. That was
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17 
due to a 63,000 increase in inactivity in the three months to July as more people left
the labour market due to long term sickness or to enter education. The supply of
labour is still 0.3% below its pre-pandemic February 2020 level. 
But the cooling in labour market conditions still has not fed through to an easing in
wage growth. While the monthly rate of earnings growth eased sharply from an
upwardly revised +2.2% in June to -0.9% in July, a lot of that was due to the one-off
bonus payments for NHS staff in June not being repeated in July. The headline 3myy
rate rose from 8.4% (revised up from 8.2%) to 8.5%, which meant UK wage growth
remains much faster than in the US and in the Euro-zone. Moreover, while the Bank
of England’s closely watched measure of regular private sector wage growth eased a
touch in July, from 8.2% 3myy in June to 8.1% 3myy, it is still well above the Bank of
England’s prediction for it to fall to 6.9% in September. 
CPI inflation declined from 6.8% in July to 6.7% in August, the lowest rate since
February 2022. The biggest positive surprise was the drop in core CPI inflation,
which declined from 6.9% to 6.2%. That reverses all the rise since March and means
the gap between the UK and elsewhere has shrunk (US core inflation is 4.4% and in
the Euro-zone it is 5.3%). Core goods inflation fell from 5.9% to 5.2% and the further
easing in core goods producer price inflation, from 2.2% in July to a 29-month low of
1.5% in August, suggests it will eventually fall close to zero. But the really positive
development was the fall in services inflation from 7.4% to 6.8%. That also reverses
most of the rise since March and takes it below the forecast of 7.2% the Bank of
England published in early August. 
In its latest monetary policy meeting on 20 September, the Bank of England left
interest rates unchanged at 5.25%. The weak August CPI inflation release, the
recent loosening in the labour market and the downbeat activity surveys appear to
have convinced the Bank of England that it has already raised rates far enough. The
minutes show the decision was “finely balanced”. Five MPC members (Bailey,
Broadbent, Dhingra, Pill and Ramsden) voted for no change and the other four
(Cunliffe, Greene, Haskel and Mann) voted for a 25bps hike. 
Like the US Fed, the Bank of England wants the markets to believe in the higher for
longer narrative. The statement did not say that rates have peaked and once again
said if there was evidence of more persistent inflation pressures “further tightening in
policy would be required”. Governor Bailey stated, “we’ll be watching closely to see if
further increases are needed”. The Bank also retained the hawkish guidance that
rates will stay “sufficiently restrictive for sufficiently long”. 
This narrative makes sense as the Bank of England does not want the markets to
decide that a peak in rates will be soon followed by rate cuts, which would loosen
financial conditions and undermine its attempts to quash inflation. The language also
gives the Bank of England the flexibility to respond to new developments. A rebound
in services inflation, another surge in wage growth and/or a further leap in oil prices
could conceivably force it to raise rates at the next meeting on 2nd November, or
even pause in November and raise rates in December. 
The yield on 10-year Gilts fell from a peak of 4.74% on 17th August to 4.44% on 29th
September, mainly on the back of investors revising down their interest rate
expectations. But even after their recent pullback, the rise in Gilt yields has
exceeded the rise in most other Developed Market government yields since the start
of the year. Looking forward, once inflation falls back, Gilt yields are set to reduce
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further. A (mild) recession over the next couple of quarters will support this outlook if
it helps to loosen the labour market (higher unemployment/lower wage increases). 
The pound weakened from its cycle high of $1.30 in the middle of July to $1.21 in
late September. In the first half of the year, the pound bounced back strongly from its
position last autumn. That rebound was in large part driven by the substantial shift up
in UK interest rate expectations. However, over the past couple of months, interest
rate expectations have dropped sharply as inflation started to come down, growth
faltered, and the Bank of England called an end to its hiking cycle. 
The FTSE 100 has gained more than 2% since the end of August, from around
7,440 on 31st August to 7,608 on 29th September. The rebound has been primarily
driven by higher energy prices which boosted the valuations of energy companies.
The FTSE 100’s relatively high concentration of energy companies helps to explain
why UK equities outperformed both US and Euro-zone equities in September. 
Nonetheless, as recently as 21st April the FTSE 100 stood at 7,914. 
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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 2023 to 30th September 2023 
1 Year 5 Year 10 Year 25 Year 50 Year
Low 4.65% 4.14% 4.20% 4.58% 4.27%
Date 06/04/2023 06/04/2023 06/04/2023 06/04/2023 05/04/2023
High 6.36% 5.93% 5.51% 5.73% 5.45%
Date 06/07/2023 07/07/2023 22/08/2023 17/08/2023 28/09/2023
Average 5.62% 5.16% 5.01% 5.29% 5.00%
Spread 1.71% 1.79% 1.31% 1.15% 1.18%
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20 
• The current PWLB rates are set as margins over gilt yields as follows: -.
• PWLB Standard Rate is gilt plus 100 basis points (G+100bps)
• PWLB Certainty Rate (GF) is gilt plus 80 basis points (G+80bps)
• PWLB Local Infrastructure Rate is gilt plus 60 basis points (G+60bps)
• PWLB Certainty Rate (HRA) is gilt plus 40bps (G+40bps)  
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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: 
Creditworthiness: Following the Government’s fiscal event on 23rd September
2022, both S&P and Fitch 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 a challenging economic outlook.  Nothing further has evolved in the first
half of 2023/24. 
Deposit Counterparty criteria: The current deposit counterparty criteria selection
approved in the TMSS is meeting the requirement of the treasury management
function. 
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. 
3.00
3.50
4.00
4.50
5.00
5.50
6.00
6.50
7.00
Bank Rate vs term SONIA rates % 3.4.23 - 29.9.23
Bank Rate SONIA 1 mth 3 mth 6 mth 12 mth
Bank Rate SONIA 1 mth 3 mth 6 mth 12 mth
High 5.25 5.19 5.39 5.48 5.78 6.25
High Date 03/08/2023 29/09/2023 19/09/2023 30/08/2023 07/07/2023 07/07/2023
Low 4.25 4.18 4.17 4.31 4.46 4.47
Low Date 03/04/2023 04/04/2023 03/04/2023 03/04/2023 06/04/2023 06/04/2023
Average 4.81 4.74 4.83 5.03 5.26 5.45
Spread 1.00 1.01 1.22 1.17 1.33 1.77
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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 latest
forecast from Link for interest rates on 7th November sets out a view that short,
medium and long-dated interest rates will be elevated for some little while, as the
Bank of England seeks to continue to squeeze inflation out of the economy. 
The PWLB rate forecasts above are based on the Certainty Rate (the standard rate
minus 20 bps) which has been accessible to Midlothian Council since 2012.  The
Council also has access to the PWLB HRA rate, which is a further 40bps below the
levels outlined in the table below for all tenors across the curve.  This is available to
fund HRA capital expenditure. 
BANK RATE 
At its meeting on 2 November 2023, the Bank of England’s Monetary Policy
Committee (MPC) kept rates on hold for the second time in a row. The decision was
a little more clear-cut than in September (5-4), although the 6-3 split vote reflected
the new composition of the Committee as opposed to any change in voting patterns.
The minority wanted a further 0.25% increase in Bank Rate to counteract on-going
inflationary pressures. The stickiness of UK inflation, still the highest in the G7 at
6.7%, is there for all to see - although it is about to fall significantly when the
gas/electricity price cap reduction comes into the reckoning next month. CPI is
expected to fall to 5% by the end of 2023. 
In terms of messaging, the Bank once again said that “further tightening in monetary
policy would be required if there were evidence of more persistent inflationary
pressures”, citing the rise in global bond yields and the upside risks to inflation from
“energy prices given events in the Middle East”. So, like the Fed, the Bank is keeping
the door open to the possibility of further rate hikes. However, it also repeated the
phrase that policy will be “sufficiently restrictive for sufficiently long” and that the
“MPC’s projections indicate that monetary policy is likely to need to be restrictive for
an extended period of time”. Indeed, Governor Bailey was at pains in his press
conference to drum home to markets that the Bank means business in squeezing
inflation out of the economy. 
As for the Bank’s updated forecasts, the November Quarterly Monetary Policy
Report saw it revise down its Q3 and Q4 GDP forecasts for this year and its annual
forecast for 2024 from 0.4% to 0.0% (2023 stayed at 0.5%). This happened even
though the forecasts were based on a lower market implied path of interest rates
than in the August Report. Conversely, the CPI inflation forecasts were slightly
higher, but the modal CPI inflation forecast in three years’ time, based on market
rate expectations, was still only 1.51% (1.46% previously). To be honest, though,
none of that fine-tuning really matters. We only have to wait until next week to see
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23 
whether the measures of CPI inflation and wage/employment data are moving in a
significant downward direction. 
Moreover, a close eye will need to be kept on the housing market data releases, as
these are a good barometer of the strength or weakness of the overall economy.
Only last week markets were surprised to learn that there was a 0.9% m/m rise in the
Nationwide House Price index in October, which confounded the consensus forecast
of a fall (-0.4% m/m) and was the largest increase since March 2022. This caused
the annual rate of house price growth to rise from -5.3% in September to -3.3% in
October. And just this morning, a similar picture emerged from the Halifax house
price index, with prices rising 1.1% m/m (-3.2% y/y). Again, economists were caught
on the hop, but with c2 million households due a mortgage rate reset (at a higher
level) over the next 15 months it should only be a matter of time before we see
further weakness in house prices and a general clamour for Bank Rate to be cut as
soon as is practicable. 
At this juncture, Link’s view is that the most favourable time for a rate cut would be in
Q3 2024, but, as always, the data will be the key to that decision. Our colleagues at
Capital Economics see the CPI measure of inflation dropping comfortably below 2%
by mid-2024 and expect wage inflation to dip below 3.5% around then too. There
are, of course, significant risks to both central forecasts. First, we are still in the early
days of the Gaza-Israel conflict, and a meaningful and prolonged shift up in oil prices
from $85-$90 per barrel to something closer to $120 will keep inflation higher for
longer. Furthermore, the UK domestic labour market is still having to contend with
very low unemployment (4.2%) and the total number of job vacancies is only a
smidgen below one million. Even if Labour takes over the governmental reins in the
next year or so, it is unlikely that a fundamental overhaul of immigration policy, with a
view to addressing staff shortages in various sectors of the economy, is going to be
a priority, so keeping a lid on wages is going to be a tough challenge. 
In the immediate aftermath of the decision, markets have concluded that rates have
more than likely peaked at 5.25%. Interestingly, the markets are also pricing in at
least one rate cut before the end of 2024. That is to be expected in so far as,
typically, the “terminal rate” remains in situ for some ten months or so before an
easing in rates is undertaken. 
As noted in the table above, we have fine-tuned our own expectations, primarily in
the latter part of the forecast, where we have raised our assumption of the neutral
level of Bank Rate from 2.75% to 3%. 
Regarding PWLB rates, movement in the short part of the curve is expected to be
driven by Bank Rate expectations to a large degree, whilst medium to longer-dated
PWLB rates will remain influenced not only by the outlook for inflation, but also by
the market’s appetite for significant gilt issuance. 
Furthermore, there is the small matter of a General Election coming into sight on the
horizon (late next year?), so Government fiscal policy may potentially loosen at the
same time as the Bank’s monetary policy is still trying to take momentum out of the
economy. That may mean that Bank Rate stays elevated for a little longer than our
central forecast. 
Of course, what happens outside of the UK remains critical to movement in gilt yields
as well. The European Central Bank has made it clear that policy tightening is at, or
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24 
close to, the terminal rate (currently 4%), whilst the US FOMC has held its Bank
Rate equivalent in the range of 5.25% - 5.5%. 
SUMMARY OVERVIEW OF THE FUTURE PATH OF BANK RATE 
Link’s central forecast for interest rates was previously updated on 25 September
and reflected a view that the MPC would be keen to further demonstrate its anti-
inflation credentials by keeping Bank Rate at 5.25% until at least Q2 2024. We
expect rate cuts to start when both the CPI inflation and wage/employment data are
supportive of such a move, and that there is a likelihood of the overall economy
enduring at least a mild recession over the coming months, although most recent
GDP releases have surprised with their on-going robustness. 
Naturally, timing on this matter will remain 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. 
In the upcoming months, 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 also international factors such as policy development in the US
and Europe, the provision of fresh support packages to support the faltering recovery
in China as well as the on-going conflict between Russia and Ukraine, and Gaza and
Israel. 
On the positive side, consumers are still anticipated to be sitting on some excess
savings left over from the pandemic, which could cushion some of the impact of the
above challenges and may be the reason why the economy is performing somewhat
better at this stage of the economic cycle than may have been expected. However,
as noted previously, most of those excess savings are held by more affluent
households whereas lower income families already spend nearly all their income on
essentials such as food, energy and rent/mortgage payments. 
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PWLB RATES 
Gilt yields and PWLB certainty rates were on a generally rising trend throughout the
first half of 2023/24.  At the beginning of April, the 5-year rate was the cheapest part
of the curve and touched 4.14% whilst the 25-year rate was relatively expensive at
4.58%. 
July saw short-dated rates peak at their most expensive.  The 1-year rate spiked to
6.36% and the 5-year rate to 5.93%.  Although, in due course, short-dated rate
expectations fell, the medium dates shifted higher through August and the 10-year
rate pushed higher to 5.51% and the 25-year rate to 5.73%.  The 50-year rate was
4.27% on 5th April but rose to 5.45% on 28th September.   
Link forecast that Gilt yields will fall back over the next two to three years as inflation
dampens.  The CPI measure of inflation is expected to fall below 2% in the second
half of 2024, and we forecast 50-year rates to stand at 3.90% by the end of
September 2025.  However, there is considerable gilt issuance to be digested by the
market over the next couple of years, as a minimum, so there is a high degree of
uncertainty as to whether rates will fall that far. 
Gilt yield curve movements have recently broadened. The short part of the curve has
not moved significantly; but the longer-end continues to reflect inflation concerns. At
the time of writing there is 25 basis points difference between the 5 and 50 year
parts of the curve. 
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, could keep gilt yields high for longer).
• The Bank of England has increased Bank Rate too fast and too far over
recent months, and subsequently brings about a deeper and longer UK
recession 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, the Middle East,
China/Taiwan/US, Iran and North Korea, which could lead to increasing
safe-haven flows. 
Upside risks to current forecasts for UK gilt yields and PWLB rates: - 
• Despite the recent tightening to 5.25%, the Bank of England proves too timid
in its pace and strength of increases in Bank Rate and, therefore, allows
inflationary pressures to remain elevated for a longer period within the UK
economy, which then necessitates Bank Rate staying higher for longer than
we currently project.
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26 
• The pound weakens because of a lack of confidence in the UK
Government’s pre-election fiscal policies, resulting in investors pricing in a
risk premium for holding UK sovereign debt.
• Longer-term US treasury yields rise strongly if inflation remains more
stubborn there than the market currently anticipates, consequently pulling gilt
yields up higher. (We saw some movements of this type through October
although generally reversed in the last week or so.)
• Projected gilt issuance, inclusive of natural maturities and QT, could be too
much for the markets to comfortably digest without higher yields
compensating. 
The overall longer-run trend is for gilt yields and PWLB rates to fall back over the
timeline of Link’s forecasts, as inflation starts to fall through the remainder of 2023
and into 2024. 
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Appendix 5: Approved Countries for Deposit as at 5 December 2023 
AAA
• Australia
• Denmark
• Germany
• Netherlands
• Norway
• Singapore
• Sweden
• Switzerland 
AA+
• Canada
• Finland
• U.S.A. 
AA
• Abu Dhabi (UAE) 
AA-
• Belgium
• France
• Qatar
• U.K. 
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Appendix 6: Loans Fund Rate Comparison Scottish Local Authorities 2022/23 
Authority
Loans
Fund
Rate
Midlothian 2.41%
West Dunbartonshire 2.47%
Argyll & Bute 2.52%
Aberdeenshire 2.53%
Renfrewshire 2.59%
East Lothian 2.66%
Perth & Kinross 2.71%
North Lanarkshire 2.96%
Scottish Borders 3.22%
East Ayrshire 3.24%
South Ayrshire 3.24%
Orkney 3.32%
East Renfrewshire 3.34%
Dumfries  & Galloway 3.43%
North Ayrshire 3.45%
Shetland 3.45%
Dundee City 3.49%
Highland 3.49%
Aberdeen City 3.51%
Fife 3.54%
Moray 3.54%
East Dunbartonshire 3.63%
West Lothian 3.65%
Falkirk 3.66%
Glasgow City 3.68%
Inverclyde 3.85%
Edinburgh City 3.96%
South Lanarkshire 3.96%
Angus 4.03%
Stirling 4.18%
Clackmannanshire 5.07%
Comhairle Nan Eilean Siar 6.75%
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Midlothian Council
Tuesday 19 December 2023
Item No 8.3 
Medium Term Financial Strategy – 2024/25 to 2028/29 
Report by David Gladwin, Chief Financial Officer & Section 95 Officer 
Report for Information 
1 Recommendations
a) Note that the Business Transformation Steering Group (BTSG) will
continue to consider necessary measures to support delivery of a
balanced Medium Term Financial Strategy (MTFS) before any
policy recommendations are presented to Council.
b) Note that the financial outlook remains challenging for this term of
Council and recall the recommendation in the External Auditors
report in 2022 that “as a matter of urgency, officers and elected
members need to work together to develop and agree the medium-
term financial strategy and progress the Council’s transformation
plans”.
c) Note that the projected budget gap for 2024/25, as presented to
Council on 10th October 2023, incorporating planned use of service
concession retrospection was projected to be £7.272 million, rising
to a projected £34.677 million by 2028/29.
d) Note the position relating to the UK Government’s Autumn
Statement and the expected impact on the Scottish Budget.
e) Note the update on Employer Pension contributions.
f) Otherwise, note the remainder of the report.   
2 Purpose of Report / Executive Summary
2.1 This report provides Council with an update on development of the
2024/25 revenue budget, building on the report presented to Council
on 10th October 2023 and looking ahead to Member engagement early
in 2024 culminating in Council setting a balanced budget on Tuesday
27th February 2024. 
2.2 Key messages from recent UK and Scottish Government fiscal events
are outlined along with the possible implications of these on the
Scottish Government Budget for 2024/25 which is scheduled for
Tuesday 19th December 2023. 
2.3 Recent developments relating to Employers Pension contributions for
all groups of workers is discussed and the implications of these will be
reflected in the projected 2024/25 base budget position and the
remainder of the existing MTFS. 
Friday 1st December 2023 
Report Contact: David Gladwin, 0131 271 3113
david.gladwin@midlothian.gov.uk
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3 Background / Main Body of Report 
3.1 The aim of the MTFS is to provide a multiyear financial strategy aligned
to the Council’s Strategic Plans. It seeks to support the Council in
fulfilling its statutory duty to set a balanced budget and determine
Council Tax levels annually with a key aspect being ongoing financial
sustainability for the Council where recurring costs are matched by
recurring income. 
3.2 Council considered the MTFS on 21st February 2023 where a range of
measures were approved to balance the 2023/24 budget with Council
Tax for the year set at a Band D rate of £1,514.73, a 5% increase on
the 2022/23 level. Measures included non-recurring elements of a
£1.166 million use of covid recovery reserve and a £4.093 million use
of backdated service concession savings. 
3.3 A further MTFS report, outlining updated projections of a budget gap of
£7.272 million in 2024/25 rising to £34.677 million by 2028/29, was
presented to Council on 10th October 2023. 
3.4 Officers continue to progress work embedded in the Transformation
Blueprint approved by Council on 27th June 2023. Updates are being
provided to BTSG as quickly as possible. 
Base Budget Development 
3.5 The Finance team, supported by colleagues across the Council, are
progressing work on the Base budget. Significant areas of work include
pay award costs, the impact of recent pension announcements,
inflationary pressures, a review of income targets and Council Tax
income. 
3.6 Detailed work on Scottish Government Grant for 2024/25 will flow from
the Scottish Government Budget planned for 19th December 2023. It is
expected to see key funding commitments made by the Scottish
Government embedded in grant for 2024/25 including ongoing funding
for pay awards, adequate cash to support a Council Tax freeze and full
funding for the increase in Employer Pension contributions for
teachers. 
3.7 The published results from the 2022 census will result in a refresh of
some of the indicators used in Scottish Government Grant calculations
with an improved relative position for Midlothian Council expected. The
floor for 2024/25 has not yet been set and there remains a risk that a
high proportion of distributional gains will be lost when the floor is
applied. 
UK and Scottish Government announcements 
3.8 On the 17th October 2023 the First Minister announced that Council
Tax is to be frozen for financial year 2024/25. Discussions are ongoing
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3 
between Councils and Government on the precise details of this
particularly on the level of financial support the Scottish Government
will provide to Councils. The average Council Tax rise across Scotland
in 2023/24 was 5.3%. Midlothian’s increased by 5%. 
3.9 On Tuesday 21st November 2023, in a letter to the Finance and Public
Administration Committee from the Deputy First Minister of Scotland, a
list of in-year Scottish Government budget adjustments were outlined to
balance in-year 2023/24 pressures including funding for pay and higher
than expected impacts of inflation. Budgetary revisions covered a wide
range of portfolios totalling £680.3 million, of which £391.4 million is
revenue and £288.9 million capital.   
3.10 On Wednesday 22nd November the UK Government published their
Autumn Statement and accompanying Office of Budget Responsibility
Forecasts. Analysis by the Scottish Parliament Information Centre
(SPICe) indicates that UK government spending will remain tight in the
medium term with small real term increases in revenue budgets
forecast. Capital budgets are forecast to remain cash flat to 2028/29. 
3.11 Focussing on the direct impact on Scottish Budgets it is estimated that
£545 million of Barnett consequential funding will now flow. £223
million of these will be seen in 2023/24 with the remainder in 2024/25.
The Barnett formula is a mechanism used by the UK Treasury to
automatically adjust the amounts of public expenditure allocated to
Northern Ireland, Scotland and Wales to reflect changes in spending
levels allocated to public services in England, Scotland and Wales as
appropriate. The main changes that drive the increased allocation to
Scotland are UK policy decisions on funding the pay award for the NHS
in England and continued business rate relief in England for the retail,
hospitality and leisure sectors. 
Council Tax and National Non-Domestic Rates legislation 
3.12 Devolution to Councils of Non-Domestic Rates Empty Property Relief
(EPR) provides Councils with power to end or reduce existing
discounts for buildings that have been empty for six months. A paper
on this is on today’s agenda at item 8.4. 
3.13 A Scotland-wide consultation on Council Tax for second homes and
empty properties closed on 11th July 2023. Legislation has now been
passed to allow a doubling of the full rate of Council Tax on second
homes and bring this into line with long-term empty premises. This may
give rise to additional income depending on the extent of any changes
to existing Council policy. Officer work on this area will be presented to
BTSG in January 2024. 
3.14 Consultation on Council Tax Multipliers has closed with potential
revisions to existing Council Tax multipliers of between 7.5% (band E)
and 22.5% (band H). Implementation would be Scotland-wide with the
decision out with the Council’s direct control. If this was implemented
from 24/25 on an equal phased basis for three years approximately
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4 
£1.2 million additional Council Tax per annum would be raised but
there may be a dampening impact through calculation of Scottish
Government Grant. 
Fees and Charges 
3.15 A review of existing fees and charges is underway. This will be
concluded early in 2024 and reported to BTSG. A recommendation will
be made on an appropriate defined measure of inflation that can simply
be applied to a wide range of charges on a recurring annual basis. 
Employer Pension Contributions 
3.16 On 14th November 2023 a letter was received from the Scottish Public
Pensions Agency (SPPA) indicating an increase in the employer
contribution rate to 26% from 23%. This applies to all teachers
employed by Councils that are members of the occupational pension
scheme. The principal reason for the increase was described as the
impact of the UK Government’s decision to reduce the Superannuation
Contributions Adjusted for Past Experience (SCAPE) discount rate.
This increased rate will result in a significant cost increase for Councils
but, in the Chief Secretary to the Treasury’s statement announcing the
change, the UK Government committed to providing funding for
increases and, for Scotland, the Barnett formula will apply. It is
expected that funding will flow through the Local Government Finance
Settlement but there is a risk that funding will only partially meet the
additional cost thus adding to existing budget gaps. 
3.17 Draft results from the triennial revaluation of Lothian Pension Fund
(LPF) were received on 24th November. These will be presented to the
Pension Committee on Tuesday 5th December as part of the Funding
Strategy Statement for the next three years, prior to a period of
consultation and a final decision in March 2024. The funding position of
LPF as at 31st March 2023 is 157% (assets as a percentage of
liabilities). At 31st March 2020 the funding position was 104%. 
3.18 The Funding Strategy Statement will recommend suspension of the
Contribution Stability Mechanism which currently allows for an annual
0.5% increase or decrease in employer percentage contributions. It will
also recommend contribution rates for financial years 2024/25 –
2026/27 for individual employers. Draft results indicate a significant
decrease from the current rate of 22.2% to 17.6% for Midlothian
Council for all three years. If approved this will significantly improve
cost projections from current. The financial impact is being assessed
alongside recently agreed pay awards and will be presented to
Members early in 2024 in the final base budget.   
Midlothian Integration Joint Board (MIJB) 
3.19 The Chief Officer and the Chief Financial Officer of MIJB are being kept
updated on the Council’s budget position and have also shared the
Board’s own challenging financial forecasts both in 2023/24 and
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5 
looking forward. Officer discussion will continue during the base budget
development phase and will feed into BTSG discussions once the base
budget is complete and full details of the Scottish Government Grant
settlement are known. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
Whilst this report deals with financial issues there are no financial
implications arising directly from it. 
4.2 Digital 
The adoption of digital solutions is a central strand of the MTFS. 
4.3 Risk 
Within any financial projections there are inherent risks in making
assumptions to arrive at figures and also a risk of costs changing
significantly or new pressures emerging.   
The following key risks and issues are highlighted in the context of this
report: 
• Uncertainly over the Scottish Government’s and Council’s financial
position.
• The economic outlook and decision by Scottish Government on
future years grant settlements and grant distribution.
• Impact of further UK Government budget announcements and any
associated policy revision.
• The risk to service provision and service users associated with a
continued decline in available resources to fund services.
• Future years Public Sector pay policy and current and future year
pay award settlements.
• Actual school rolls varying from those provided for in the budget.
• The impact of the wider economic climate on range of factors
including: inflation, interest rates, employment, tax and income
levels and service demands.
• Cost pressures, particularly demographic demand, exceeding
budget estimates.
• The reform of public services and the implications for the National
Care Service (Scotland) Bill.
• The impact of any changes to benefits.
• The cost of implementing national policies varying from resources
provided by Government.
• Potential liabilities arising from historic child abuse.
• The financial sustainability of MIJB.
• The affordability of borrowing to support capital investment; and
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6 
• Ability to continue to meet the expectations of communities within a
period of fiscal constraint. 
Developing and updating a MTFS is key to support the mitigation of a
number of these risks by setting out the key assumptions on which
forward plans are based. 
The risk of not having a balanced MTFS is the potential elimination of
available reserves, which in turn would severely limit the Council’s
ability to deal with unforeseen or unplanned events and also the
imposition of significant cuts at short notice with limited opportunity for
consultation. Early agreement of the measures required to balance the
2024/25 budget is crucial.   
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
The MTFS together with the resource allocation measures which will
support financial sustainability will, as far as the constraint on
resources allow, be developed within the context of the Council’s
priorities, ensuring as far as possible that resources are directed
towards the key priorities of reducing inequalities in learning, health
and economic circumstance outcomes. 
The MTFS will continue, as far as is possible, to reflect Midlothian
Council’s commitment to the ethos of the Equality Act 2010 with careful
consideration of the interests of the most vulnerable in our communities
through the preparation of equality impact assessments. 
Individual EQIA’s will be published in respect of future policy savings
measures and an overarching EQIA will be published alongside the
MTFS report presented to the Council meeting in February 2024. 
4.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications 
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7 
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
The MTFS facilitates decisions on how Council allocates and uses its
available resources and as such has fundamental implications for
delivery of the key priorities in the Single Midlothian Plan. It helps
ensure that resources are available to continue to delivery 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 
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 report does not directly impact on delivering Best Value. 
A.5 Involving Communities and Other Stakeholders 
The development of the MTFS provides for public engagement. 
In addition, there has been and will continue to be, engagement with
the recognised Trade Unions on the Council’s financial position and the
development of the MTFS. 
A.6 Impact on Performance and Outcomes 
The MTFS facilitates decisions on how the Council allocates and uses
its available resources and as such has fundamental implications for
service performance and outcomes. The financial consequences of the
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8 
pandemic have impacted on the availability and allocation of resources
in pursuit of key outcomes as set out in the Single Midlothian Plan for
both the immediate and longer term and therefore the ability of the
Council to continue to deliver services in a financial sustainable
manner. 
A.7 Adopting a Preventative Approach 
An effective Strategic plan supported by a MTFS will support the
prioritisation of resources to support prevention activities. 
A.8 Supporting Sustainable Development 
There are no direct sustainability issues arising from this report and
work will take place to mitigate any sustainability issues which arise as
a consequence of the MTFS. 
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Midlothian Council
Tuesday 19 December 2023
Item No 8.4 
Non-Domestic Rates Relief Policy 
Report by Saty Kaur, Chief Officer Corporate Solutions 
Report for Decision 
1 Recommendations 
Council is recommended to agree to implement the new policy with
effect from 1 April 2024. 
2 Purpose of Report/Executive Summary 
Following the devolvement of powers to Local Authorities, from 1 April
2023 Midlothian Council can change its existing policy to potentially
generate more revenue. 
This report sets out the proposal for a revised policy effective from 1
April 2024. 
Date Friday 1 December 2023 
Report Contact:
Saty Kaur, Chief Officer Corporate Solutions
Saty.Kaur@midlothian.gov.uk 
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2 
3 Background/Main Body of Report 
Legislative position 
3.1 Following recommendations from the Barclay Review, the legal position
for Non-Domestic Rates (NDR) changed. As of 1 April 2023, the
decision on charging and reliefs available to empty properties was
devolved to Local Authorities under the Non-Domestic Rating
(Scotland) Act 2020. This means that as of 1 April 2023, there was no
requirement to continue to follow a national framework, and Local
Authorities could have their own scheme. However, in the absence of a
local scheme by 1 April 2023, all relief for empty properties would
cease. In response to this, at its meeting of 21 February 2023, Council
agreed to adopt a policy that continued from that which was in place at
that time (national framework), therefore there was no material change
to the NDR process.   
Current position
3.2 The decision to continue the existing scheme for 2023/24 has given
officers the opportunity to review the changes in more detail and
consider if a change to the policy is viable. 
3.3 The definition of Empty Property Relief (EPR), in the context of
business rates, is unoccupied non-domestic property meeting the
criteria within the policy, attracting relief which provides a discount of
up to 100 per cent. 
Table 1 below shows the current exemptions and reliefs applied (as agreed by Council
on 21 February 2023)
Empty Property
Relief Name Relief Description % Duration
Empty Property Relief
50%
Standard empty property relief for
the first 3 months of a property being
unoccupied 50 3 Months
Empty Property Relief
10% 
Standard empty property relief after
initial 3 months of 50% has come to
an end 10
No time
limit
New Build Property
Relief
Applies to unoccupied new build
properties 100 12 Months
Void Industrial
Property Unoccupied industrial properties 100 6 months
Void Industrial
Property 
10% relief after initial 6 months of
100% industrial relief ended  10
No time
limit
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3 
3.4 Officers have undertaken a review of the NDR relief and exemptions
applied and can advise that as of 1 November 2023 there are:
• 59 properties in receipt of EPR at 10%
• 1 property in receipt of EPR at 50%
• 35 properties exempt under rateable value less than £1700
• 39 vacant listed buildings exempt
• 3 properties exempt due to executor in deceased estate
• 1 property exempt as in liquidation
• 23 exemptions applied to ground/land (no buildings)
Members should note that this is a dynamic picture as properties will
become vacant/occupied at different times. This also includes non-
domestic properties and ground/land owned by Midlothian Council. 
Empty Property 
Exemption Name Exemption Description % Duration
Ground/land - no
buildings
Applies to vacant ground entries with
no infrastructure on them 100
No time
limit
Listed Buildings Applies to vacant listed buildings 100
No time
limit
Building Preservation
Notice
Unoccupied property subject to a
building preservation order 100
No time
limit
RV < £1700
Unoccupied properties with RVs less
than £1,700 100
No time
limit
Administrator
Unoccupied properties where liable
party is in administration 100
No time
limit
Company being
wound up
Unoccupied properties where liable
party is subject to a winding up order 100
No time
limit
Occupation prohibited
by law
Properties prohibited from being
occupied law e.g., asbestos removal 100
No time
limit
Vacant Crown/L.A.
action
Unoccupied properties subject to
crown / LA acquisition, e.g.,
compulsory purchase order 100
No time
limit
Liquidator
Unoccupied properties where liable
party is in administration 100
No time
limit
Executor in deceased
estate
Vacant properties where person
entitled to possession is executor of
a deceased person's estate 100
No time
limit
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4 
Proposal for change
3.5 The changes proposed for consideration aim to simplify the existing
classifications, changing the open-ended exemptions and reliefs to a
standard 3-month limit. It is proposed that:
• The relief/exemption timescale is applied to the property rather
than the account holder. In this regard, timescale commences
from the last date of property occupancy; irrespective of owner
and would ensure appropriate liabilities are billed.
• Classifications would be simplified to allow for relief to be
applied more uniformly.
• A minimum occupancy requirement of six months would apply.
• Charges would be subject to the Council’s existing approved
financial recovery processes.
• Properties that are prohibited by law from being occupied are
exempt. 
Table 2 below shows the current reliefs and exemptions applied alongside the
proposed changes.
Empty
Property Relief
Name Relief Description % Duration  Proposed change
Empty Property
Relief 50%
Standard empty
property relief for the
first 3 months of a
property being
unoccupied 50 3 Months 
*No change*
3 Months
Empty Property
Relief 10% 
Standard empty
property relief after
initial 3 months of 50%
has come to an end 10
No time
limit 
Changed to be
removed 
New Build
Property Relief
Applies to unoccupied
new build properties 100 12 Months 
No change – this is
out with scope as is
a statutory scheme
Void Industrial
Property
Unoccupied industrial
properties 100 6 months  Change to 3
months at 50% then
no relief applied
thereafter
Void Industrial
Property 
10% relief after initial 6
months of 100%
industrial relief ended 
10 
No time
limit
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5 
Empty Property 
Exemption 
Name
Exemption
Description % Duration 
Ground/land -
no buildings
Applies to vacant
ground entries with no
infrastructure on them 100
No time
limit
Change all -
Standard Empty
Property Relief
applied for all
categories (3
months at 50% the
no relief thereafter)
Listed Buildings
Applies to vacant listed
buildings 100
No time
limit
Building
Preservation
Notice
Unoccupied property
subject to a building
preservation order 100
No time
limit
RV < £1700
Unoccupied properties
with RVs less than
£1,700 100
No time
limit
Administrator
Unoccupied properties
where liable party is in
administration 100
No time
limit
Occupation
prohibited by
law
Properties prohibited
from being occupied
law e.g., asbestos
removal 100
No time
limit 
Vacant
Crown/L.A.
action
Unoccupied properties
subject to crown / LA
acquisition, e.g.,
compulsory purchase
order 100
No time
limit
Liquidator
Unoccupied properties
where liable party is in
administration 100
No time
limit
Executor in
deceased
estate
Vacant properties
where person entitled
to possession is
executor of a deceased
person's estate 100
No time
limit
Company being
wound up
Unoccupied properties
where liable party is
subject to a winding up
order 100
No time
limit
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6 
Financial implications 
3.6 Nationally, the Scottish Government and officer group previously
agreed a funding model whereby Local Government will receive £105m
per annum (fixed for three years) to be distributed to each Council
based on historic spend on empty property relief. This amount is based
on the Institute of Fiscal Studies estimate of the ongoing cost for three
years from 1 April 2023. Distribution of the quantum is calculated by the
Settlement and Distribution Group at COSLA and presented to COSLA
Leaders. Based on the annual national relief awarded for previous and
the current year, Midlothian’s share of the £105m is approximately
£0.717m per annum for three years from 2023/24 financial year. 
3.7 Future changes to the empty property policy will be the financial
responsibility of the Council e.g., any loss/income in income flows
directly to the Council. 
3.8 For illustrative purposes only, and based on current empty property
levels as at 1 November 2023, with the caveats of pre-revaluation
rateable values and an assumption that all properties were already
vacant for 12 months therefore no further relief extension is applicable,
this proposal could generate of over £500k of annual liability (net of
charges that Midlothian Council would be liable for as owner of empty
properties/land in the county), that could be billed for collection. 
3.9 Council should note that these are indicative costs and would be
subject to a range of influencers such as number and nature of
properties at the time of a policy change; length of time they have been
empty and reason(s) for being empty. Given this is a new proposed
policy change and differs significantly from the current policy, there is
no clear historical data that can give completely accurate forecasts.
One of the anticipated outcomes of the proposed change is to bring
empty properties into use so it is fair to assume that there would be
some level of income generated to the Council. 
Stakeholder engagement 
3.10 Early discussion has taken place with the Economic Development
Team on the proposed changes. The proposed changes aim to bring
back into use vacant properties for economic good and would bring a
range of economic and socio-economic benefits such as: 
• promoting vibrant communities;
• supporting the local economy;
• creating jobs for local people;
• facilitating local supply chain activity; 
• increasing local spend; and 
• delivering inclusive growth. 
3.11 There are a range of public realm benefits to having vacant properties
brought back into use. Visually this benefits town centres, increasing
attractiveness of spaces as places to visit and invest and potentially
increase the value of neighbouring properties. Empty/vacant properties
can encourage anti-social behaviour, vandalism and crime.
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7 
3.12 Since October 2021, the Economic Development Team have been
recording the number of enquiries about premises for rental from
existing and new businesses looking to locate/relocate to Midlothian
(Table 3). Information recorded includes the size of the units requested,
as well as preferred locations within Midlothian and rental budget. From
the information held, many of the requestors would consider premises
of a range of sizes and locations within the county. 
Table 3 – enquiries received for properties in Midlothian
Period Retail
Enquiry
count
As % of total
property
enquiries
Total number
of property
enquiries
15/10/2021 -
31/03/2022
70 54% 130
01/04/2022 –
31/03/2023
58 42% 138
01/04/2023 –
11/10/2023 
46 37% 126 
3.13 There is currently more demand than supply of properties within
Midlothian, particularly in town centres. Tables 4-6 below show the
estimated vacant units for the last three financial years as reported to
the Scottish Local Authorities Economic Development (SLAED) Group.
Table 4 – estimated vacant units in Town Centres 2020-21  
Bonnyrigg Dalkeith Gorebridge Loanhead Penicuik
Estimated
Total Units in
Town Centre
112 17 46 11 17 21
Of which:      
Vacant/ Void 15 1 3 0 0 11
Vacancy Rate
%
13.39 5.88 6.52 0 0 52.38 
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8 
Table 5 – estimated vacant units in Town Centres 2021-22  
Bonnyrigg Dalkeith Gorebridge Loanhead Penicuik
Estimated
Total Units in
Town Centre
126 17 63 10 14 22
Of which:      
Vacant/ Void 17 2 3 0 0 12
Vacancy Rate
%
13.49 11.76 4.76 0 0 54.54 
Table 6 – estimated vacant units in Town Centres 2022-23  
Bonnyrigg Dalkeith Gorebridge Loanhead Penicuik
Estimated
Total Units in
Town Centre
128 19 64 10 13 22
Of which:      
Vacant/ Void 12 0 6 0 1 5
Vacancy Rate
%
9.38 0 9.37 0 7.69 22.73
3.14 If the proposed changes were agreed, an implementation plan would
complement the policy change. City of Edinburgh Council administer
NDR on behalf of Midlothian Council. They would contact the empty
property owners and make them aware of changes to be effective from
1 April 2024, as well as include information on changes at the time of
annual billing. 
3.15 Locally, changes would be communicated through an awareness
raising campaign and Economic Development would provide advice to
property owners on marketing of properties for sale/rent for local
business use. Economic Development carry a waiting list and support
enquirers in identifying Council and non-Council sites, business set-
ups, funding advice and support with business planning. They would
match enquiries to the properties available as well as marketing
through all of their existing channels including Business Gateway.   
Mandatory and Discretionary Reliefs 
Mandatory Relief
3.16 Mandatory relief is granted to charities where they occupy premises
and use them wholly or mainly for charitable purposes. This is not
impacted by the devolution of policymaking to Local Authorities. 
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9 
Discretionary Rating Relief (DRR)
3.17 The Council operates a DRR policy which provides an additional
discount of up to 100%. Currently, this is as follows: 
• An additional 20% DRR is granted to organisations already in
receipt of mandatory relief where they:
o Are mainly concerned with working with youths (defined
as under 19 years of age).
o Provide community facilities i.e., village halls, community
centres and social enterprise schemes; and
o Are organisations that act, primarily, to provide benefit to
Midlothian residents and taxpayers. 
• An additional 20% DRR is granted to organisations already in
receipt of mandatory relief where they provide and maintain
grounds and buildings used for the purposes of leisure time
occupation where facilities are available to members of the
public at large.
• 50% DRR is granted to recreation clubs which do not have a
license to sell alcohol.
• 80% DRR is granted in respect of properties used for
recreational purposes and occupied by clubs/societies which are
charitable bodies and not established/conducted for profit.
• 100% DRR is granted to all clubs who meet the definition of
‘Sports Clubs’ as set out by the Scottish Sports Association and
who operate an equal opportunities policy. This relief is granted
subject to full compensation for such relief being contained
within the Rating Pool arrangements. 
3.18 Legislation permits DRR to be granted for:
• The year in which, or the year next following that in which, the
determination is made for.
• For a specified term of years not exceeding three.
• For an indefinite period, subject to termination by not less than
twelve months’ notice. 
3.19 Midlothian Council currently has two businesses/organisations in
receipt of DRR. They have been granted DRR on the basis that they
are not established/conducted for profit and provide benefit to
Midlothian residents and taxpayers. As reported in the policy proposal
agreed by Council at its meeting of 21 February 2023, it is not
proposed to change the DRR policy at this time. The Council will
continue to award the current recipients of DRR for three years from 1
April 2023. 
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4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
The current policy is administered by City of Edinburgh Council (CEC)
who collect NDR on behalf of Midlothian Council. At its meeting of
Finance and Resources on Tuesday 21 November 2023, CEC agreed
to this new policy to be implemented from 1 April 2024. 
CEC have confirmed that if the two Councils have the same policy,
CEC will continue to administer NDR on behalf of Midlothian Council.
However, if the policies across the two Councils are to differ, CEC will
be unable to continue to do this and that arrangement will cease on 31
March 2024. 
There is currently no in-house resource nor technical
expertise/knowledge to administer NDR within Midlothian Council. It is
also expected that a change to policy will prompt questions and
additional staff would be required to respond to these. In addition, any
administering of NDR within Midlothian Council would also require a
software solution to be procured and configured. All of the
aforementioned resource implications would have to be assessed for
full costings. 
4.2 Digital 
No digital impact currently but this is subject to change if the
administration of the policy is to fall to Midlothian Council and the
implications of this are currently unknown, but it is reasonable to
assume that a system/application would be required to be purchased
and installed at an additional cost to the Council to be defined. 
4.3 Risk 
The current policy is administered by City of Edinburgh Council (CEC)
on behalf of Midlothian Council. At its meeting of Finance and
Resources on Tuesday 21 November 2023, CEC agreed to this new
policy to be implemented from 1 April 2024. 
CEC have confirmed that if the two Councils have the same policy,
CEC will continue to administer NDR on behalf of Midlothian Council.
However, if the policies across the two Councils are to differ, CEC will
be unable to continue to do this and that arrangement will cease on 31
March 2024. 
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There is currently no in-house resource nor technical
expertise/knowledge to administer NDR within Midlothian Council. It is
also expected that a change to policy will prompt questions and
additional staff would be required to respond to these. In addition, any
administering of NDR within Midlothian Council would also require a
software solution to be procured and configured. All of the
aforementioned resource implications would have to be assessed for
full costings. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
N/A 
4.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications 
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APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
Promotion of economic growth. 
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 
Not applicable 
A.5 Involving Communities and Other Stakeholders 
Engagement has taken place with Economic Development to
understand the economic impact of change. 
A.6 Impact on Performance and Outcomes 
Not applicable 
A.7 Adopting a Preventative Approach 
Not applicable 
A.8 Supporting Sustainable Development 
Not applicable 
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Midlothian Council
Tuesday 19 December 2023
Item No 8.5 
Rent Pressure Zones 
Report by Kevin Anderson, Executive Director Place 
Report for Decision 
1 Recommendations 
Council is recommended to note the report and to consider; 
a) if there is a requirement to progress additional work to establish a
case for a Rent Pressure Zone as any administering of RPZ within
Midlothian Council would require resource and potentially a
software solution to be procured and configured, with resource
implications to be assessed for full costings, or
b) decide that there is no present requirement to progress further. 
2 Purpose of Report/Executive Summary 
At the Council meeting held on 10 October 2023 members requested a
report to be brought forward on rent pressure zones. 
To date, no Rent Pressure Zones (RPZ) have been established in
Scotland despite several local authorities expressing interest in making
use of the powers. Due to the level of data required to be submitted in
a RPZ application local authorities have indicated that it may take
several years to collate this evidence base. There is also a concern
that the legislation does not sufficiently control rents as a RPZ would
still allow increases above inflation and between tenancies changing. 
Date:    22 November 2023
Report Contact:  Kevin Anderson, Executive Director Place
Email:   kevin.anderson@midlothian.gov.uk     
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3 Background 
3.1 The Private Housing (Tenancies) (Scotland) Act 2016 introduced
discretionary powers for local authorities to apply to have an area
designated as a Rent Pressure Zone (RPZ) if rents are deemed to be
increasing significantly. In order to have an application approved by
Ministers, the local authority must provide evidence that:
• rents in the area are rising too much
• the rent rises are causing hardship for the tenants
• the local authority is coming under pressure to provide housing or
subsidise the cost of housing as a result. 
3.2 A rent pressure zone will only apply to rent increases for tenants with a
private residential tenancy (PRT). Rent increases for tenants with a
Short Assured Tenancy (SAT) or Assured Tenancy will not be affected.
If an area is designated as an RPZ, a cap (maximum limit) is set on
how much rents are allowed to increase for existing tenants who have
a private residential tenancy each year in that area. 
Scottish Ministers must consult landlords' and tenants' representatives
before they make any area a rent pressure zone. 
Any cap set by Scottish Ministers will be at least consumer price index
(CPI) plus 1% – for example if CPI is 1.6%, the minimum cap set by
Ministers would be 2.6%. If an RPZ is granted, rent increases for
tenants with a Private Residential Tenancy (PRT) will be limited to one
in any 12-month period. 
The cap can last for up to five years and will apply to existing tenants
who have a private residential tenancy. 
Landlords operating within an RPZ may also make an application to
increase rents above the cap if they need to cover the cost of repairs or
improvements to the property. Any cap set will also enable a landlord to
apply to a rent officer (in the public agency Rent Service Scotland) to
add an amount of rent to reflect any improvements made to the let
property. A landlord can only do this by applying to the rent officer for a
decision on how much additional rent they can include in the rent
increase. 
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4 RPZ Application Requirements 
4.1 The RPZ provisions are intended to be used by a local authority to
protect existing tenants who have a Private Residential Tenancy from
rents rising by too much. Authorities must provide a profile of Private
Rented Sector (PRS) properties in the proposed area. The property
characteristics will include such details as house type, size, age,
location etc. If the rental profile of any area has changed and
contributed to rent rises, details of this change and impact on rent rises
should also be provided. 
4.2  Authorities will need to collect rent data to evidence a rent rise. Rent
data used in the application must be about existing tenants, who have
had a rent increase in the same property but may include different
types of tenancy. The rent data must be representative of the property
profile. 
4.3  For an RPZ to be designated, authorities must show that rents are
rising by too much across most property characteristics in the profile
and most properties in the proposed area. Evidence of rent rises alone
will not be sufficient to prove that they are rising by too much.
Authorities also need to prove that rent rises in the proposed RPZ are
causing undue hardship to tenants; and the rises are having a
detrimental effect on the local authority’s broader housing system. 
4.4  The area to be designated might, for example, be a street(s), a
postcode sector or a datazone. The data and evidence provided to
support the application must match the area chosen. For example, if a
street is proposed, evidence must be provided at street level. 
4.5  Therefore, when choosing the extent of the proposed RPZ, local
authorities need to give careful consideration as to how they will collect
the required data and evidence for that area in a way that is robust.
The provisions in the Act on rent pressure zones address the problem
of rents rising by too much in hot-spot areas and they are not intended
to be applied to a whole local authority area. 
4.6  Midlothian Council does not collate this information at this time, would
require resource and potentially a software solution to be procured and
configured, with resource implications to be assessed for full costings. 
5  Limits on a designation 
5.1  The RPZ provisions have been designed in such way as to prohibit the
introduction of blanket national rent capping. Scottish Ministers cannot
designate an area as an RPZ without receiving a valid application from
the appropriate local authority. 
5.2  If Ministers designate an RPZ, the cap set by Ministers will apply to rent
increases for existing tenants, in the same properties, in that zone who
have a private residential tenancy. 
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5.3  The cap set will not affect rent increases for any other private tenants in
the zone e.g., those who have a short assured or assured tenancy
(under the Housing (Scotland) Act 1988) or a regulated tenancy (a
private tenancy which began before 2 January 1989). 
5.4  The regulations designating the RPZ will cease to have effect after five
years unless they, or another enactment, provide that they cease to
have effect sooner, or unless they are revoked before the five years
have elapsed. 
6  Outcomes 
6.1  By capping rents in a particular area, and using this as part of a wider
housing strategy, a local authority could expect to achieve the following
outcomes: 
• existing tenants who have a private residential tenancy will be
protected from rents rising by too much in the same properties; 
• investors will feel confident when planning their investment
knowing that any cap set by Ministers will be at least CPI + one
percentage point; 
• property improvements will continue as landlords can recover
costs to reflect improvements made; 
• initial rents for new tenancies are not affected by the rent cap
and will continue to be market-led; 
• the Private Rented Sector will remain attractive to those that live,
work and invest in it. 
7 Local Housing Allowance 
7.1  Local Housing Allowance (LHA) was introduced in 2008 to provide
Housing Benefit entitlement for tenants renting private-sector
accommodation in Scotland, England, and Wales. Its introduction
meant significant changes to the way Housing Benefit levels were
calculated and how benefit was paid. It did not replace Housing Benefit.
It was just a different way of calculating entitlement under the existing
Housing Benefit scheme and assistance with housing costs. The LHA
was based on the 30th percentile of local rented accommodation with
restrictions being brought in over the years. 
7.2  LHA rates relate to the area in which the housing-benefit claim is made.
These areas are called "Broad Rental Market Areas" (BRMAs), defined
as "where a person could reasonably be expected to live taking into
account access to facilities and services", and a selection of rents in
the area are used to determine the LHA for each category of housing in
the area. The rates are shown on a weekly basis and are published
once a year in accordance with legislation.
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7.3  The Rent Officer maintains rental information for each category of LHA
rates. The April 2022 – March 2023 LHA rates are set out below. All
rates have been frozen at the rate last determined on 31st March 2020.
This was the 30th percentile at that time. 
7.4  The Local Housing Allowance (LHA) rates in the UK will be raised to
the 30th percentile of local market rents from April 2024, as the UKG
Chancellor of the Exchequer announced in the November 2023
Autumn Statement. 
8  Rent Control 
8.1  Introduced in October 2022, the Cost of Living (Tenant Protection) Act:
https://www.legislation.gov.uk/asp/2022/10/contents/enacted is an Act
brought in by the Scottish Government in an effort to manage the
impact of rising household costs during the cost of living crisis. The Act
effectively enforces price caps on private rental rates, as well as
providing tenants with additional eviction protections, and will be in
place until 31 March 2024.
8.2  The Act means that most in-tenancy private rent increases are capped
at 3%, but private landlords can apply for increases of up to 6%, to help
cover certain increases in costs (if these apply to a specific time period
and can be evidenced). 
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8.3  The Act also means that most eviction actions are paused for up to six
months, except in specified circumstances. These protections apply to
private and social rent sectors, as well as purpose-built student
accommodation, and follow on from the protections introduced during
the coronavirus pandemic. This moratorium also means that additional
damages can be awarded to tenants in cases where the landlord has
enforced an unlawful eviction (amount of up to 36 months’ worth of
rent).
8.4  Rent controls have led to a decrease in the supply of properties
available to rent. According to a survey by the Scottish Association of
Landlords, since the introduction of rent controls, 17% of landlords
have sold or are considering selling their rental properties. The controls
have discouraged landlords from investing in the upkeep of their rental
properties as, according to the same survey, 44% of landlords have
reduced or stopped spending money on maintenance and
improvements since rent controls were introduced.
8.5  Rent control has made it more difficult for new renters to find housing,
as according to the Scottish Government, since the introduction, the
average time it takes for a new tenant to find a property has increased
from 12 weeks to 16 weeks. 
9 Report Implications (Resource, Digital, Risk and Equalities) 
9.1 Resource
Not currently applicable but a decision to progress for data and
evidence collection to administering a RPZ within Midlothian Council
would require additional resource. 
9.2  Digital 
Not currently applicable 
9.3 Risk 
Rent controls can, in the short term, make housing more affordable for
tenants, preventing landlords from imposing rent increases and tenants
may enjoy more stable living arrangements, knowing their rents won’t
be subject to an excessive increase. 
However, there is a risk that rent controls can deter landlords from
entering or staying in the rental market and act as a disincentive for
investment when landlords can’t adjust rents to account for
maintenance costs or property improvements and lead landlords to
change their business model as they may begin to focus on short-term
holiday lets rather than long-term tenancies. 
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9.4 Ensuring Equalities 
Not applicable 
Appendices:
APPENDIX A – Additional Report Implications
APPENDIX B - Consideration of the application and granting designation 
APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
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 
A.4 Delivering Best Value
Not applicable 
A.5 Involving Communities and Other Stakeholders 
In the interest of transparency, openness and accountability, before
submitting an application to the Scottish Ministers to request an RPZ
designation, the local authority must publish on its website the fully
completed application and all supporting evidence 
A.6 Impact on Performance and Outcomes
Not applicable 
A.7 Adopting a Preventative Approach 
Not applicable
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A.8 Supporting Sustainable Development 
Excessive rent increases may be a consequence of the demand for 
housing outstripping the supply (of all tenures) in an area. Designating
such an area as an RPZ will only give tenants relief from excessive rent
increases for the duration of the designation. It will not of itself do
anything to moderate increases in the longer term. For that to happen
supply in the area would need to increase. Given that, the Scottish
Government expects any local authority seeking a designation to have
plans for increasing supply, either in the area to be designated or
elsewhere in the authority’s area. 
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APPENDIX B - Consideration of the application and granting designation 
Before granting a designation, the Scottish Ministers will have to be satisfied
that the application: 
• has been made in writing; 
• provides a clear description of the area to be designated including its
boundary. Ideally this would be a map. There should also be a clear list
of the areas within that boundary e.g., datazones, postcodes etc. This
should be detailed enough to allow any member of the public to
determine if their property is within the designated RPZ; 
• sets out how long the local authority would like the designation to last
(this cannot exceed five years) and why; 
• sets out the date the local authority would like the designation to come
into force (this will be a date after the local authority has adequately
advertised the designation to relevant persons in the area); 
• provides robust evidence to support the application, the methodologies
used to collect that evidence and how that evidence leads the local
authority to believe that the criteria in paragraph 18 are met; 
• states what other steps will be taken, and by when, should the
application be successful, to advise the relevant persons that the area
has been designated as an RPZ; 
• includes a recommended percentage point (X) to be added to CPI + 1
percentage point when calculating a new maximum rent increase in the
RPZ 
• includes an explanation of why the particular value of X, recommended
in the application, has been chosen; 
• provides a demonstration of the impact which the recommended level
of X would have on rents in the area, and the subsequent impact that
these rents would have on easing undue hardship on existing tenants
and easing pressure on local authorities to provide housing or
subsidising the cost of housing; 
• provides evidence in the application that the Local Authority has put in
place housing supply plans, policies or strategies; and 
• provides confirmation that the fully completed application and all
supporting evidence has been published on the local authority’s
website. 
The Scottish Ministers will notify the local authority of their decision in writing.
Ministers will have 18 weeks from receipt of a valid application to lay before
the Scottish Parliament either draft regulations designating an RPZ or a
document explaining why they have not done so.
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Midlothian Council
Tuesday 19 December 2023
Item No 8.6 
Annual Road Works Performance Report 2022/23 
Report by Kevin Anderson, Executive Director Place 
Report for Information 
1 Recommendations
Council is recommended to note and welcome the contents of this
report. 
2 Purpose of Report/Executive Summary 
The purpose of this report is to highlight the excellent performance of
the Council’s Roads & Transportation team in relation to their statutory
functions for the co-ordination of all road works on the Council’s public
road network, and to acknowledge the consistently high level of
performance achieved from the perspective of the Scottish Road Works
Commissioner. 
The latest Annual Performance Report 2022/23 for all 32 Scottish Local
Authorities from the Scottish Road Works Commissioner shows that
Midlothian Council’s Roads & Transportation Service has again
achieved the top rating of “Well Managed” for the third year in a row.
Council is asked to note and welcome this excellent performance. 
Date:    8 November 2023
Report Contact:  Derek Oliver, Chief Officer Place 
Email:   Derek.Oliver@midlothian.gov.uk 
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3 Background 
3.1 The Scottish Road Works Commissioner is an independent public official
established under section 16 of the Transport (Scotland) Act 2005 and
is accountable to the Scottish Ministers and ultimately the Scottish
Parliament. The Commissioner's aim is to improve the planning, co-
ordination and quality of road works throughout Scotland.   
3.2 The Commissioner is not responsible for works being undertaken on
roads in Scotland. Responsibility for the day-to-day management and
co-ordination of works undertaken on roads is as follows: 
• Road Authorities primary statutory duty is to co-ordinate all road
works carried out on any road for which they are responsible;
• The reinstatement of road surfaces remains the responsibility of
the party undertaking the works.  Road Authorities have powers
to inspect road works to ensure that utility companies meet their
obligations;
• Traffic management at road works (cones, signs and barriers) is
the responsibility of the party undertaking the works; and
• Road Authorities are responsible for any decisions related to the
repair and maintenance of their roads. 
3.3 The Commissioner monitors performance, promotes and encourages
good practice across both utility companies and roads authorities, and
provides annual performance reports to each road authority and utility
company.  The Commissioner has powers to impose financial penalties
on roads authorities who systematically fail in their duty to co-ordinate,
and upon utility companies who systematically fail to co-operate when
undertaking road works. 
3.4 Performance ratings are measured against 22 KPIs established by the
Commissioner. Throughout the year, the Commissioner monitors
performance by road authorities and utility organisations and produces
quarterly performance reports for road authorities, which are
summarised in the overall annual performance report.  The annual report
is sent to the Council’s Chief Executive and the senior management
team for Roads & Transportation Services. 
3.5 All road works require to be notified, and progress recorded in the
Commissioner’s Scottish Road Works Register (SRWR).  The
Commissioner’s KPIs are embedded in the SRWR, which provides the
mechanism for benchmarking of road authority and utility organisations
performance across Scotland. The Commisioner’s office monitors the
activities within the SRWR on a monthly basis which allows early
discussion to take place between the Commissioner and organisations
before concerns regarding performance become a major issue. 
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4 Main Report 
4.1 The Scottish Road Works Commissioner rates organisations
performance as “Well Managed”, “Satisfactory”, or “Unsatisfactory”. 
Midlothian Council, as Road Authority, has received a Well Managed
Performance rating for the year 2022/23. This is the third year in a row
that this rating has been achieved, with previous ratings being Well
Managed or Satisfactory. 
4.2 Across Scotland, Midlothian Council was one of only 9 road authorities
to achieve a “Well Managed” rating in the year 2022/23, with 19 being
Satisfactory, and 6 being Unsatisfactory. For utility organisations there
were only 5 Well Managed organisations, 11 Satisfactory, and 25
Unsatisfactory. 
4.3 For performance monitoring by the Commissioner, road authorities are
also grouped together with peer authorities with similar geographic and
demographic characteristics, and network road lengths. Midlothian
Council is categorised as “Semi Urban” along with 8 other local
authorities. Within this group, Midlothian was one of only 2 authorities
that achieved “Well Managed” performance, with 5 Satisfactory and 2
Unsatisfactory. 
4.4 The Commissioner’s performance expectation is measured against
threshold levels for each of the 22 KPI, with a possible green, amber or
red rating for each quarter. In 2022/23, Midlothian Council achieved
green ratings for all but one KPI. An amber rating was obtained for the
percentage number of Works Extensions, with an overall performance of
8% on an Amber threshold of 5%. Works extensions are mostly due to
adverse weather conditions or delays due to unforeseen circumstances
during the road works period and are therefore generally out with our
control. The comparable national average performance for this KPI was
7% for road authorities and 9% for utility organisations. 
4.5 Following on from the publications of the Commissioner’s annual
performance report, the Commissioner has recently announced financial
penalties for 7 utility organisations for performance related failures with
regard to road work reinstatements. The Commissioner has also
confirmed that 4 road authorities and 4 utility organisations are currently
on Improvement Plan notices relative to overall performance. 
4.6 As a small authority, the Council’s Roads & Transportation Service has
a team of only two officers, a road works coordinator and a utility works
inspector, who ensure that the Commissioner’s requirements are carried
out and record the relevant information in the SRWR on behalf of the
Council. These officers work closely with utility organisations and Road
Services Network and Operations teams undertaking maintenance and
repair of the public road network. Officers within Roads & Transportation
Service feed into this process; to ensure appropriate Notices, Permits
and the like are produced and authorised to ensure that works are
properly undertaken with due safety to road users and the public, whilst
satisfying the requirements of the Commissioner via the SRWR. 
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4.7 On any one day within Midlothian, there can be over 100 “live” road
works sites concurrently in operation. Therefore, only a sample number
of site inspections are possible with the available resources within Road
Services. The Commissioner’s KPI requires a minimum of 30% of sites
(utility works) are inspected, each site at three stages from works
initiation, traffic management, site works and reinstatement, and
thereafter durability and longevity of the reinstatement. A recent
amendment to legislation requires that reinstatements will have a 6-year
guarantee period to remain defect free, otherwise the road work
undertaker must return to make repairs to the satisfaction of the road
authority. 
4.8 The road works coordinator is the key person in the whole process, and
it is this officer’s stewardship of the SRWR and of those officers using
the SRWR that is fundamental in achieving the consistently high
performance ratings Midlothian has achieved, and as demanded by the
Commissioner. The road works coordinator has provided in-house
training to all Road Services staff engaged in road works, and users of
the SRWR must undergo further training before access is granted to the
system.     
4.9 Moving forward, the Commissioner has recently introduced shorter
timescales for recording road work start and stop times in the SRWR
(reduced from 24 hours to 2 hours).  Further, the Commissioner has near
future plans to introduce his own mobile “compliance officers” to carry
out face to face performance monitoring on site and at the offices of road
authorities and utility organisations. Additionally, the recent
Commissioner requirement for all utility organisations to have individual
approved Reinstatement Quality Plans before being allowed to work on
Scottish roads is likely to become mandatory for Road Authorities within
the next 12 months.   
5 Report Implications (Resource, Digital and Risk) 
5.1 Resource
There are no direct financial consequences from this report but it
should be noted that any reduction in resources for this activity will
likely impact on performance and may ultimately lead to fines from the
commissioner for non-performance.   
5.2 Digital 
There are no Digital Services issues associated with any aspect of this
project. 
5.3 Risk
This report highlights efforts to reduce the risk to council by delivering a
compliant service to a high standard.   
6 Ensuring Equalities (if required a separate IIA must be completed)
The proper maintenance of the road network is vital to Scotland’s
economic prosperity and for road users to travel safely.  The subject of
this report has a positive impact in the environment and as such does
not affect the wellbeing of the community or have a significant
detrimental impact on equality, the environment or economy. 
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Appendices 
Appendix A – Report implications
Appendix B – Road Works Performance Report 2022-2023 
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
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 report aims to deliver best value for the Council. 
A.5 Involving Communities and Other Stakeholders
MTRAP, Community Councils and stakeholder groups are made aware
of the service undertakings in relation to road works on the network.
A.6 Impact on Performance and Outcomes
The performance reported demonstrates excellent level of performance
and outcomes. 
A.7 Adopting a Preventative Approach
The report is based on the creation of a wellbeing economy which
prioritises prevention, fairness for people, the economy and the
environment. 
A.8 Supporting Sustainable Development
This programme seeks to mitigate the impact of road condition on wear
and tear of vehicles whilst promoting active travel, utilising the
infrastructure for walking and cycling.
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ROAD WORKS PERFORMANCE REPORT
01 April 2022 to 31 March 2023 
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1
Contents
1. Introduction ......................................................................................................... 3
2. Executive Summary ............................................................................................ 5
3. The Organisation ............................................................................................... 10
4. Monitoring ......................................................................................................... 11
5. Trends from Indicator Reports........................................................................... 15
6. Quality of Utility Company Reinstatements ....................................................... 27
7. Commissioner Penalties ................................................................................... 29
8. Promotion of Compliance and Good Practice ................................................... 30
9. Consultations and Research ............................................................................. 34
10. Scottish Road Works Register .......................................................................... 36
11. Legislation ......................................................................................................... 44
12. Annual Report and Accounts ............................................................................ 46
13. Reflection and Forward Planning ...................................................................... 47 
List of Acronyms and Terms .............................................................. 49 
List of Roads Authorities and Utilities ................................................ 51 
Extent of Engagement ....................................................................... 54 
Additional Indicator Reports .............................................................. 56 
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Authorising Context
This Report has been produced in accordance with the requirements set out in
Schedule 2 of the Transport (Scotland) Act 2005 and covers the 12 month period
from April 2022 to March 2023.
Appointment
Kevin Hamilton was appointed in November 2020 as the 4th Scottish Road Works
Commissioner for a period of 5 years. He brings a wealth of experience having
worked in the roads sector for some 30 years.
The Scottish Road Works Commissioner’s Role
The Scottish Road Works Commissioner is an independent public official, appointed
by Scottish Ministers. The Office was established following enactment of the
Transport (Scotland) Act 2005. 
The Act states:
“[The Commissioner] will oversee improvements to the planning, co-ordination
and quality of road works in Scotland.”
The general functions of the 2005 Act are to:
• monitor the carrying out of road works in Scotland
• promote compliance with the New Roads and Street Works Act 1991
• promote the pursuit of good practice
The specific functions of the 2005 Act are to:
• publish an annual report
• prepare an annual account
• keep a register to be known as the Scottish Road Works Register
Disclaimer
The views offered by the Commissioner within this document are his own and do not
necessarily reflect the approach taken by previous Commissioners.  
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1.  Introduction 
I am delighted to present my fourth sector monitoring report since taking up office in
November 2020, covering the period 1 April 2022 to 31 March 2023.
This reporting period is the first full period since the end of restrictions due to the
Covid-19 pandemic. Many changes in working practices introduced through the
pandemic have continued and there has also been a continued increase in road
works activity, up 6.4% overall compared to 2021/22. The continued roll-out of fibre
broadband has been a major factor in this increase although there are now signs that
it may have reached a peak. However, other emerging utility sectors, for example
electric vehicle charging and heat networks may lead to continued high levels of
works on the ground in years to come.
A key indicator of good planning and co-ordination of works is the proportion of so-
called ‘noticing failures’. I am concerned that utilities remain stubbornly above the
target of 4%. 
2022/23 saw the introduction of Reinstatement Quality Plans (RQP). It became a
legal requirement for utilities to have agreed RQP’s in place by 1 April 2023. By the
deadline, agreed RQP’s were in place covering 99% of all utility works undertaken in
Scotland. My team dedicated a considerable amount of time and resource to work
with utilities in order to have plans approved by the deadlines. However, despite this
effort, there was a small number of utilities who either did not engage in the process
or left it too late. As a result, 2 utilities had their overall rating downgraded from either
well managed or satisfactory to unsatisfactory due to not having an agreed RQP in
place in time. 
I am very concerned that there has been a drop in the pass rate for category A
sample inspections in 2022/23. This, combined with the increase in the number of
reported sub-standard traffic management layouts suggests that there may have
been a decline in overall safety compliance. This is a safety critical issue and the
whole industry needs to work harder to improve. This will be a key focus of activity
for compliance officers in 2024.
I am also concerned that roads authorities are not fully utilising the powers available
to them to ensure proper co-ordination of works. In particular, there are very few
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authorities using their powers to issue undue delay directions under Section 125 of
NRSWA. Also, there are several authorities who do not issue fixed penalty notices
and I would encourage all authorities to make full use of the powers available to
ensure that works are properly co-ordinated.
A significant amount of work was undertaken in 2022/23 to revise the Specification
for the Reinstatement of Roads (SROR). The working group met fortnightly through
the whole year and worked efficiently and co-operatively to achieve a revised draft.
This was subsequently endorsed and approved by Ministers in June 2023. I would
like to formally thank the members of the working group and my team for their
considerable efforts.
Finally, I would like to thank my team and everyone in the road works community for
their support and co-operation through the year. 
Kevin Hamilton
Scottish Road Works Commissioner  
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2. Executive Summary
The Organisation
The only change to staffing within the reporting period was, as mentioned in last
year’s report, I employed a replacement Policy and Quality Manager in June 2022. 
This staffing establishment remains well placed to deliver the requirements of the
Transport (Scotland) Act 2005 and to address the governance required of a public
office. 
Monitoring
The main sources of data available to the Scottish Road Works Commissioner’s
monitoring regime are: 
1. performance data from a suite of indicator reports in the Scottish Road
Works Register (SRWR) 
2. statutory sample inspections of utility company road works by roads
authorities, and 
3. Periodic national coring programmes of the bound layers in utility company
reinstatements. 
The Scottish Road Works Register (SRWR) suite of indicators, which benchmarks
roads authority and utility company road works performance across Scotland, and
facilitates benchmarking against the rest of the UK, is regularly reviewed to enable
organisations and the Commissioner to demonstrate continuous improvement. 
My team now monitors key aspects of road works noticing activity on a monthly basis
which allows early discussion with organisations before performance becomes a
major issue.
The national coring programme results were delayed due to resourcing problems in
one of the local areas. The results will be published in 2023/24.
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Performance Indicator Trends
The 5 year rolling period has again been utilised with a number of the graphics within
appendix D, continuing to display a short gap in data associated with the onset of the
pandemic in March/April 2020. As per the 2022-23 reporting year the assumed trend
across the reporting period can reduce the impact of any data loss, with a true
reflection of the actual operations on the ground be presented. In October 2022 the
register had additional reports included, detailing the non-compliance around Roads
Authority and Utility Company inspection processes. In February 2023, organisations
were given 6 months to improve their individual performance.
Several areas remain in need of continuing improvement including:
• noticing failures in the utilities sector
• percentage of unplanned works registered by some utility companies
• overall performance of many smaller utility companies 
• the delivery of the Roads Authorities inspection process
• utility companies sample inspection pass rates, particularly in relation to the
final reinstatements
• the inconsistency of roads authorities to utilise their full range of powers
including the issuing of FPNs
Despite the resourcing challenges facing the Scottish road works community, it is
important that organisations fully embrace the concept of continuous performance
improvement which is key to the delivery of co-ordinated road works.
Performance Reviews
Annual Road Works Performance Reviews covering the period 1 April 2021 to 31
March 2023 were issued to all Roads authorities and Utility companies operating in
Scotland on the 26 May 2023. 
The rating process of either Well-managed, Satisfactory or Unsatisfactory was again
utilised which provides a generic listing for performance. The number of
organisations delivering either a well-managed or satisfactory performance improved
slightly to 44 against 42 in 2021/22. However the percentage figure for this grouping
compared against all organisations slipped to 58.7% from 64.6% in 2021/22. This
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slippage can be attributed to an additional eight new or returning undertakers who
were rated as unsatisfactory, of which, six were new telecoms businesses. A small
number of undertakers had had their rating downgraded due to them failing to deliver
an agreed reinstatement quality plan by the 1 April deadline.
Safety at Road Works
Safety at utility company road works and at roads authority works for roads purposes
remained a key priority of the office.
Utility Company Reinstatements
Improving the quality of utility company reinstatements remains a high office priority.
It is not acceptable that utility companies leave legacy defects for roads authorities to
repair. 
An indication of the quality of reinstatements is found in the results of national coring
programmes which sample and test the bituminous bound layers of utility company
reinstatements. Programmes are undertaken by RAUC(S) every two to three years.
The current national coring programme commenced in March 2022 covering a 2%
sample of utility company reinstatements undertaken between 1 January 2021 and
31 December 2021. The full report was delayed due to resource issues in one local
area with the report now due to be published in 2023/24.
The sample inspection pass rates for both Category B and Category C inspections
rose to an average of >93% in 2022/23. This provides reassurance that the quality of
reinstatements is improving.
In addition, the results of a research study into the Service Life of Reinstatements, to
be published in 2023/24 has found that quality has improved since the last similar
research conducted in around 2012.
Commissioner Penalties
A £10,000 penalty was imposed on Scottish Water for systematic failures to comply
with their statutory obligations when carrying out repairs to their water services in the
roads.
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Promotion of Compliance and Good Practice
The office continued to engage with the road works community at a national, area
and local level in addition to membership of various working groups, promoting best
practice, encouraging innovation and improved performance monitoring. 
A well-attended webinar event on forthcoming legislative changes was held in
October 2022.
The Commissioner gave presentations to various events through the year including
Highways UK in Birmingham, Street works UK conference in Leicester, a learning
event for Virgin Media Group and its build partners in Edinburgh and the Road Expo
conference in Glasgow.
The Technical Standards Manager continued his engagement at a local level to
improve compliance and communication between utility companies and roads
authorities, helping to informally resolve issues before they significantly impacted
road works performance. 
Consultations and Research
The Commissioner continued his active engagement with various groups but in
particular the Mobility Access Committee for Scotland (MACS) and the Society of
Chief Officers in Transportation in Scotland (SCOTS). 
The Commissioner and staff have continued to actively participate in the Scottish
Road Research Board (SRRB) and the Transport Scotland Pavement Forum
(TSPF). 
The SRRB funded research study into the service life of reinstatements was
completed within the year. The main findings were that reinstatements constructed to
the specification would be expected to be serviceable after at least 6 years and that
reinstatement quality had improved since the last research in 2012.
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Scottish Road Works Register
Management and operation of the SRWR continued with the support of the SRWR
Steering Group, the SRWR Systems Assurance Team and the RAUC(S) Gazetteer
Group. 
The SRWR Manager and the Commissioner supported and attended all meetings of
the SRWR steering group and the Systems Assurance Team. These forums provide
community input into the development and operation of the Scottish Road Works
Register. 
The service suffered from some service loss during the period, with the system being
unavailable for short periods in June, November, December, January and March. All
the outages were resolved quickly, and none threatened to breach the Service
Levels set out in the contract. Overall availability for the year was 99.77%, which is
above the 98% target set out in the service contract.  
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3. The Organisation
The Commissioner’s permanent staffing numbers remained unchanged during the
reporting period with a new Policy and Quality Manager taking up post in June 2022.
Policy and Quality Manager
Key functions include keeping regulations, codes of practice and advice notes under
review, promoting good practice, and media/complaint handling. The role also
encompassed the review of Reinstatement Quality Plans (RQP’s). 
Performance Manager
This role entails the management of indicators, management of statistical
information, working with the community to improve compliance and drafting
performance reviews. 
SRWR Manager
The key responsibility of this post is to manage the operation of the SRWR. The
SRWR Manager is the primary contact with the provider of the register, currently
Symology Ltd. 
Technical Standards Manager
This post provides the office with engineering support. The main priority is to drive
improvements in the overall quality and standard of road works through increased
scrutiny of road works sites across Scotland and promoting best practice.
Business and Governance Manager
This key role deals with the general administration of the office, in house accounting,
enquiries from the public, statutory returns, invoicing, budget monitoring, managing
requests under FOI(S)A and EI(S)R and monitoring compliance with legislation and
governance.  
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4. Monitoring
Introduction
The duties of the Commissioner include “monitoring the carrying out of works in
roads in Scotland” to ensure that roads authorities and utility companies are meeting
their statutory obligations.
The Commissioner has been monitoring the performance of organisations since
indicators were introduced in 2009. In parallel, roads authorities and utility
companies have been improving their own use of management information, available
from the SRWR, to monitor their own works. Over recent years, the general trend
has been towards improvement, with reduced levels of non-compliance. The
provision of better technology and user friendly interfaces for accessing the SRWR,
has merited greater organisation engagement, resulting in general improvements. 
In May 2023 all roads authority and utility company CEOs respectively received their
Annual Performance Review, in respect of performance during 2022/23.
Performance reports are also available throughout the year in the SRWR for roads
authorities and utility companies to interrogate, allowing individual organisations to
monitor their own performance and take remedial action where necessary.
Five key questions are considered when monitoring performance:
• are roads authorities co-ordinating works on their roads?
• are utility companies co-operating with roads authorities?
• are works taking too long to complete?
• are works being carried out safely?
• are reinstatements in roads meeting the required standard?
Performance Indicators
Indicator reports are used to identify trends in the performance of roads authorities
and utility companies over time. A suite of indicator reports are available directly to
roads authorities and utility companies with access to the SRWR. Organisations are
encouraged to regularly interrogate the SRWR to monitor their own performance and
take appropriate mitigating action. 
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The Commissioner indicator reports are continually reviewed and developed to
ensure that they are relevant, up to date and transparent. Organisations are required
to provide a written response when their performance is poor. 
Quarterly performance dashboards capture key indicators and present them in a
red/amber/green status report which is provided to all organisations.
Engagement and Improvement 
Ongoing engagement is intended to improve performance without the need to take
formal enforcement action. 
A number of organisations met (virtually) with the Commissioner to discuss their
performance during 2022/23. In general terms, 35% of the smaller Utility Companies
including the major gas, electricity and water companies and around 82% of roads
authorities, performed satisfactorily. Again, however a significant proportion of the
telecommunications sector and a number of smaller (all sector) utility companies
(approx. 65%), along with 18% of roads authorities, were considered as needing to
give greater priority to meeting their road works statutory obligations. 
Discussions in relation to performance were held with the following Roads
Authorities: 
• Aberdeen City Council
• Aberdeenshire Council
• Angus Council
• Argyll & Bute Council
• City of Edinburgh Council
• Comhairle nan Eilean Siar
• East Lothian Council
• Falkirk Council
• Fife Council
• Glasgow City Council
• Inverclyde Council
• North Ayrshire Council
• North Lanarkshire Council
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• Perth & Kinross Council
• Renfrewshire Council
• Scottish Borders Council
• Shetland Islands Council
• South Lanarkshire Council
• Stirling Council
• Transport Scotland (on behalf of Scottish Ministers)
• West Dunbartonshire Council
and the following utility companies:
• Axione UK Ltd
• Borderlink Broadband Ltd
• BT
• CityFibre
• Fulcrum Pipeline Ltd
• Gas Transportation Company
• Indigo Gas & Power
• InternetTY Ltd 
• Last Mile Electricity Ltd
• Mua Electricty Ltd (formerly Murphy Power)
• Neos Networks
• Network Rail 
• Optimal Power Networks
• Scottish Water
• SGN
• Sky UK
• SP Energy Networks 
• Virgin Media Group 
• Vodafone 
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Key Facts 2021/22
Road Works started  150,872 (+6.4% above 2022/23 volumes)
Scotland’s Road Network  57,077 km*
SRWR Users  2,300
Potential Noticing Offences  6,244
Potential FPNs Issued  43.5% 
Commissioner Penalties issued  £10,000
Sample Inspection Pass Rate  92.6% 
Table 1 - Key Facts 2022/23
(*Source: Scottish Transport Statistics 2022) 
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5. Trends from Indicator Reports
Roads authorities have a statutory duty to co-ordinate the execution of works of all
kinds in roads for which they are responsible, whilst undertakers have a statutory
duty to use their best endeavours to co-operate with the road works authority and
with other undertakers.
These endeavours are both in terms of section 118(1) and section 119(1)
respectively of the New Roads and Street Works Act 1991 (NRSWA) and are to
ensure that road works are carried out:
• in the interests of safety;
• to minimise inconvenience to persons using the road; and
• to protect the structure of the road and integrity of apparatus in it.
Since the transition after the pandemic restrictions, road works delivery has returned
to near normal for the majority of both roads authorities and utility companies. In
some cases the pandemic has meant an acceleration of works during 2021/22 to
recover any of the lost ground and in the particular the Telecoms sector has driven
this increase in activity. This is largely due to the roll-out of super-fast fibre
broadband across Scotland.
Note: In some instances the comparison of performance continues to reference
2019/20 delivery due to the effect caused by the pandemic in 2020/21. This is
referenced at the start of each relevant section.
Improvement Plans
The Commissioner Improvement Plans were first introduced in 2017/18. The
following organisations met with the Commissioner and were required to develop a
plan to improve their performance: 
Authorities:-
No Roads Authorities were included in the process and the following utility
companies were:
• Axione Uk Ltd
• Energy Asset Pipelines
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• ES Pipelines Ltd
• Fulcrum Pipelines Ltd
• Lothian Broadband
• mua Electricity Ltd
• SGN
• Virgin Media Group 
Following review meetings, the following organisations were subsequently removed
from the Improvement Plan process within the reporting period:
• Energy Asset Pipelines
• ES Pipelines Ltd
• Fulcrum Pipelines Ltd
• mua Electricity Ltd
• Virgin Media Group
Performance Rating 
The following rating was introduced for the individual organisation Performance
Reviews in 2021/22 and continues in the reporting year 2022/23, the following is a
general description of performance;
Well-managed – good performance across all indicators with minor non-compliance
associated with one metric,
Satisfactory – between 1 and 3 non-compliant metrics with either near or slightly out
with the respective targets, and
Unsatisfactory – more than 3 non-compliant metrics and/or 1 metric delivering
consistently poor performance across 2 quarters or more. 
Performance rating of Roads Authorities and Utility Companies – see Table 7.
The following summarises and highlights the notable performances and failings of
individual organisations for each of the individual indicators: 
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Noticing Failures 
It is expected that all roads authorities and utility companies achieve a failure rate of
4% or less, as noticing of road works is largely an administrative function.
Roads Authorities
The noticing failure percentage for Roads Authorities (including all Transport
Scotland (TS) operators) continued to reduce, recording an average figure of 3.04%
(3.33% in 2021/22). In particular:- East Dunbartonshire Council; Highland Council;
Midlothian Council; Renfrewshire Council; South Lanarkshire Council; TS operators
(A90 AWPR DBFO; M80 DBFO; NW Unit; SE Unit & SW Unit) all achieved a rate of
less than 2.0%. 
Unacceptable performance was delivered by:- Aberdeenshire Council; Angus
Council; City of Edinburgh Council; Clackmannanshire Council; Moray Council;
Orkney Islands Council; Shetland Islands Council; Tay Road Bridge Board and
Transport Scotland – M77 DBFO, all having a rate, greater than 7.0%. 
Utility Companies 
In 2022/23, the rate of utility company noticing failures reduced to 5.6% (6.5% in
2021/22). This still remains above the target of 4% and the delivered decrease in
failures is welcomed. 
The following organisations had noticing failure rates of greater than 10%:- Arqiva;
Broadway Partners Ltd; Converged Communications Solutions Ltd; ESP Electricity;
Energy Assets Network; Fulcrum Pipelines Ltd; Hutchison 3G; Hyperoptic Ltd;
InternetTY Ltd; Lothian Broadband; Last Mile Electricity Ltd; Last Mile Gas Ltd;
National Gas; Optimal Power Networks Ltd; Persimmons Homes Ltd; Royal Mail;
Vodafone Ltd and Zayo. It should be noted that high % failures in some cases are
against low work volumes.
Good performance was delivered by:- GTC Pipelines Ltd; Lumen Technologies UK
Ltd; mua Gas Ltd; Neos Networks; Sky UK and Verizon who had rates of less than
2.0%.
Full details for Roads Authorities and Utility Companies see Figure 7.
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Actual starts (road works commenced) 
Roads Authorities increased their noticing volumes by 8.3% to 38,837 (35,869 in
21/22). Significant increase in work volumes were delivered by:- Dumfries &
Galloway Council; East Ayrshire Council; Fife Council; Highland Council; North
Ayrshire Council and Transport Scotland M80 DBFO and SW OC Unit. Utility
Companies also delivered an increase in work volumes, however the Telecoms
sector was wholly responsible for the 5.8% increase with 67,618 works delivered in
comparison to 59,618 in 2021/22. This continues the 28% Telecom increase on
2020/21 levels, all associated with the roll-out of superfast broadband.
Full details for Roads Authorities and Utility Companies see Figure 8.
Early and late starts as a percentage of actual starts 
Roads authorities continued the downward trend for early starts from a Q1 figure of
9.7% they delivered an end of year figure of 5.2%. The Utility Companies also
delivered an improving performance during the year, before rising sharply to finish at
7.8% (7.26% in 2021/22). 
For full details of early starts see Figure 9.
Late starts delivered by the Roads Authorities continued to be erratic, similar to the
previous 2 years with significant levels of non-compliance during Q1 and Q2
(peaking at 1.3%) before reducing to a year end figure of 0.6%. 
Utility Companies again continue to deliver a very good performance with an
average throughout the reporting year of 0.5%.
For full details of late starts see Figure 10
Unplanned works as a percentage of actual starts 
Roads Authorities continue to deliver a consistent level of unplanned works with an
slight increase in the average to 2.7% (2.5% in 2021/22), against a target of 4%.
The large-scale utility companies delivering emergency response continue to
undertake high percentages of unplanned works with Scottish Hydro Electric Power
Distribution plc (44.1%); Scottish Water (54.6%); SGN (44.9%) and SP Energy
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Networks (43.1%) all delivering above target performance. Weather factors have
been cited as the main reason for increases in unplanned works and whilst the
commissioner is content that this category is not being systematically abused, he is
concerned that the increases are making co-ordination difficult. He is therefore
encouraging utilities to aim to reduce their use of unplanned works.
For full details of unplanned works for Roads Authorities and Utility Companies see
Figure 11.
Works extensions as a percentage of actual starts 
Both Roads Authorities (6.75%) and Utility Companies (9.21%) delivered a compliant
performance against a target of <15%, with a small decrease in performance by the
Utility Companies from 7.9% in 2021/22. The following individual organisations
delivered a performance in excess of 20%:- Energy Assets Pipelines; Indigo
Pipelines; Last Mile Gas Ltd and SP Energy Networks.
For full details of works extensions for Roads Authorities and Utility Companies see
Figure 12.
Overrunning Works as a percentage of actual starts (Major, Minor &
Standard Works)
Roads Authorities in general delivered a near compliant performance across all
organisations at around 0.3%. The utility companies delivered a performance around
2.7%, a figure similar to the 2021/22 performance. Organisations delivering a non-
compliant performance, in excess of 5% against a target of 0% were:- Lothian
Broadband (9.3%); National Gas (7.1%); SGN (6.5%) and SP Energy Networks
(6.2%). 
For full details of overrunning works for Roads Authorities and Utility Companies see
Figure 13.
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Works awaiting closure and/or registration of final site reinstatement
details 
The Roads Authorities continue to deliver good compliance with 2022/23 levels
similar to 2020/21 levels with just 20 notices awaiting closure. The Utility companies
have delivered a significant improvement from 142 in 2021/22 to a low of 52 notices.
It should be noted that the fall in Q4 from 142 was welcomed, however consistency
across the reporting year is to be encouraged. 
For full details of works awaiting closure for Roads Authorities and Utility Companies
see Figure 14.
The number of utility notices awaiting final site registration details has again
improved since the year end figure in 2021/22 of 292 to 199 at March 2023. 
For full details of Utility works awaiting registration of final site details see Figure 15.
Utility company interim reinstatements 
The number of interim, reinstatements being utilised continues to show significant
improvement fall with 1045 being installed during the final quarter of the year (1938
in 2021/22). This highlights a decrease in the disruption caused by road works with
organisations requiring to return to sites to bring running surfaces to required
specification. 
The average number of interim reinstatements overdue due to be made permanent
over the year increased to 607 (455 in 2021/22). 
There was a further increase in the number of reinstatements failing to be made
permanent within 6 months at the end of the reporting period 655 (512 in 2021/22).
Axione UK Ltd; CityFibre; Scottish Hydro Electric Power Distribution plc and Virgin
Media Group delivered improved numbers, whilst BT, Hyperoptic Ltd, Last Mile
Electricity Ltd and SP Energy Networks contributed to the above overall increase.
The reasoning for the increase in failures could be referenced to the increase in work
volumes. 
For full details of Utility company interim reinstatements both compliant and failing
the 6 month timescale see Figure 16.
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Sample Inspections undertaken by roads authorities 
A minor increase in completion results was delivered by the Roads Authorities with
an average of 94.6% (94.4% in 2021/22). These inspections provide the
Commissioner with reliable information on how effectively the utility companies are
delivering their works and the quality of their reinstatements. Seventeen authorities:-
Aberdeen City Council; Aberdeenshire Council; Argyll & Bute Council;
Clackmannanshire Council; Dundee City Council; East Dunbartonshire Council; East
Lothian Council, Falkirk Council; Glasgow City Council; Inverclyde Council;
Midlothian Council; Moray Council; North Ayrshire Council; North Lanarkshire
Council; Perth & Kinross Council; Shetland Islands Council and South Lanarkshire
Council all delivered a better than 95% compliance. Three Roads Authorities failed to
deliver a 75% compliance – Angus Council (74.9%); Highland Council (69.0%) and
Transport Scotland (71.5%). 
For full details of sample inspections undertaken by roads authorities see Figure 17.
Sample inspections utility company pass rate 
The overall average pass rate for sample inspections was 92.6% (92.4% in
2021/22). However, a significant number of individual organisations failed to achieve
the required 90% pass rate within the three sample inspection categories. 
The overall pass rate for Category A inspections, which are undertaken whilst the
works are in progress, dipped slightly to 90.8% (92.2% in 2021/22). These
inspections focus on the safety aspects of ongoing works and this decline in
performance requires to be addressed.
The pass rates for Category B and Category C inspections both improved with
Category B inspections rising from 91.4% in 2021/22 to 93.2% and are undertaken at
the completion of the works. Similarly the pass rate for Category C inspections,
which are undertaken at the end of the guarantee period, again rose from 93.1% in
2020/21 to 93.6%. This gives confidence that the quality of the reinstatement is
improving.
The inspection category sample numbers undertaken all increased in excess of 12%
on the 2021/22 totals, aligning with the increase in work volumes.
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There were ten utility companies which failed to achieve the 90% pass rate for
Category A inspections. They were: Axione UK Ltd; Borderlink Broadband Ltd;
CityFibre; Energy Assets Pipelines; GTC Pipelines Ltd; Hyperoptic Ltd; Last Mile
Electricity; Netomnia Ltd; SP Energy Networks and Virgin Media Group. 
For full details of category A sample inspections pass rates see Figure 18.
There were 12 utilities which failed to achieve the 90% pass rate for Category B
inspections. They were: Broadway Partners Ltd; CityFibre; Energy Asset Networks;
Energy Assets Pipelines; EE; Fulcrum Pipelines Ltd; GTC Pipelines Ltd; Hyperoptic
Ltd; Last Mile Electricity Ltd; mua Electricity Ltd; Telefonica UK and Vodafone Ltd. 
For full details of category B sample inspections pass rates see Figure 19.
There were 11 utilities which failed to achieve the 90% pass rate for Category C
inspections. They were:- Arqiva; Axione UK Ltd; Broadway Partners Ltd; CityFibre;
Energy Assets Pipelines; Fulcrum Pipelines Ltd; Last Mile Electricity Ltd; Lothian
Broadband; Sky UK; Telefonica UK and Vodafone Ltd. 
For full details of category C sample inspections pass rates see Figure 20.
Substandard traffic management from inspection results 
Failure levels for this indicator for the Utility Companies identified a 20% rise above
the previous year results with 1361 incidences of non-compliance against 1072
failures in 2021/22, The increased work volumes could again be a factor, however
with a target of 0%, of particular concern are:- Axione Uk Ltd (2.2%); CityFibre
(2.2%); Energy Assets Pipelines (4.0%); ESP Electricity (7.1%); Last Mile Electricity
Ltd (4.7%); Lothian Broadband (17.8%) and SP Energy Networks (2.9%). These
failures account for 41.7% of all the substandard traffic management failures
identified during the reporting year. 
For full details of sub-standard traffic management from inspection results see Figure
21.
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Works registered with missing contact details 
Failure levels for this indicator for the Roads Authorities delivered a nearly 50%
improvement in non-compliance with 44 incidences compared to the 83 incidences in
2021/22. This improvement is welcomed. The Utility Companies also delivered an
improvement of nearly 35% (1009 year total against 1365 in 2021/22) although it
must be noted that the average yearly totals for the previous 2 reporting years was
370.
With a target of ‘zero’, the following organisation:- Axione UK Ltd (23); Broadway
Partners Ltd (12); BT (673); SGN (77) and Vodafone Ltd (11) delivered significant
levels of non-compliance against their respective work volumes, 
For full details of Roads Authorities and Utility Company works registered with
missing contact details see Figure 22.
Misuse of traffic management type “not yet known” 
Roads Authorities achieved a failure rate of less than 0.14% overall. With a target of
‘zero’ failures, combined, both Aberdeen City Council and Argyll & Bute Council were
responsible for 40% of the 55 yearly total failures. These inconsistencies have since
been investigated and subsequently resolved.
The Utility Companies delivered a very similar performance with the same average
failure rate of 0.1%. Similar to the Roads Authority, 2 organisations namely Scottish
Hydro Electric Power Distribution plc and SP Energy Networks were responsible for
44% (31 out of 70) of the yearly failures.
In general the incidences of non-compliance continue to decrease across the whole
community.
For full details of Roads Authorities and Utility Company works registered with traffic
management “not yet known” details see Figure 23.
Fixed Penalty Notices (FPNs) issued to utility companies (Comparison
based on 2019/20 performance)
Fixed Penalty Notices (FPNs) were issued by 20 of the 33 roads authorities in
2022/23, any increase of 2 above the previous reporting year. Whilst the issuing of
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FPNs is discretionary, the improving trend is to be encouraged as it indicates that
authorities are undertaking robust management of road works activity and utilising
the full range of powers available to them. 
The following road authorities failed to issue FPNs at any time during the last five
years:- Angus Council; Comhairle nan Eilean Siar; Dumfries & Galloway Council;
Dundee City Council; Falkirk Council; Moray Council; Perth & Kinross Council and
Shetland Islands Council; and the Commissioner would like to see more authorities
utilising these powers in a more consistent way across Scotland.
The number of FPNs issued to utility companies was 2,717 out of a potential 6,244
(43%), a reduction on the 2021/22 reporting year. 
For full details of actual and potential fixed penalty notices issued to Utility
Companies see Figure 24.
Roads authorities collected at least £217,360 from the issue of FPNs, a significant
reduction of nearly 10% on the 2021/22 figure. 
For full details of fixed penalty notices issued by roads authorities see Figure 25.
Approximate amounts collected through the issue of FPNs over the last 5 years are:
Year Amount 
2018/19 £229,200
2019/20 £162,960
2020/21 £137,600
2021/22 £240,080
2022/23 £217,360
Table 2 – Fixed penalty notice fines collected 2018 to 2022
Undue delay (S125) notices issued by roads authorities and received
by utility companies 
The overall use of section 125 undue delay directions delivered a significant increase
(290%) for 2022/23, 394 notices compared to 101 in 2021/22. East Lothian Council
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and Midlothian Council combined issued 273 of the total 394 directions and are to be
acknowledged for their diligence in managing the delays by Utility Companies. In
2022/23, 17 Roads Authorities issued S125 directions, an increase of 2 on the
previous reporting year. 
For full details of undue delay (S125) notices issued by roads authorities see Figure
26.
Roads authority works registered per 100km 
This indicator scrutinises the number of road works registered on the SRWR by
council roads authorities, Transport Scotland trunk road operating companies and
Transport Scotland trunk road DBFO companies across Scotland. 
Road works are influenced by many factors such as geographic location, political
priorities, population, weather, available resources (numbers of operatives),
structural and routine budgets, road network lengths, etc. For example, islands and
rural authorities register fewer road works than urban authorities. Consequently, for
reporting purposes, authorities are grouped with peer organisations and any view on
their performance is relative. 
Group Range 
Island 11 to 25 works registered per 100km (3 authorities) 
Rural 17 to 45 works registered per 100km (8 authorities) 
Semi Urban 27 to 108 works registered per 100km (9 authorities) 
Urban 44 to 147 works registered per 100km (8 authorities) 
City 38 to 106 works registered per 100km (4 authorities) 
TS OC 175 to 1,152 works registered per 100km (4 companies) 
TS DBFO 131 to 1,006 works registered per 100km (5 companies)  
Table 3 – Roads Authority works/100km 
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There is a wide range of variation across a number of the SCOTS family groups
which continues to indicate an inconsistency in how roads authorities notify their
works in the SRWR. The majority of family groups appear to be delivering a mean
result weighted slightly towards the lower part of the range which provides some
confidence that delivery practices for works are now comparable across the
authorities.
The trunk road network managed by the Transport Scotland operating companies
have increased their noticing volumes considerably with a mean increase to 423
works per 100km against a figure of 345 works per 100km in 2021/22. SW OC has
delivered a near 56% increase on 2021/22 performance. 
For full details of the range of works per 100km for authorities in each SCOTS group
see Figure 27.
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6. Quality of Utility Company Reinstatements 
Utility company reinstatements are required to be undertaken in accordance with the
Specification for the Reinstatement of Openings in Roads (SROR).
Since 1997, roads authorities across Scotland have undertaken coring of the
bituminous bound layers of utility company reinstatements as part of their
investigative regime. 
In September 2011, RAUC(S) agreed that a minimum acceptable pass rate of 90%
should be introduced for all future National Coring Programmes.
A Commissioner Direction was issued to all organisations on 23 January 2012
requiring all utility companies to achieve a pass rate of 90% during all future National
Coring Programmes, so far as reasonably practical.
The most recent National Coring Programme sampled and tested reinstatements
completed between 1 April 2018 and 31 March 2019. The associated coring report
was published in June 2020.
A full copy of the report can be downloaded here:
National Coring Report 2019-2020 Programme
National Coring Programme 2021 - 22
In 2020 RAUC(S) agreed that a further coring programme would be undertaken.
Advice Note 3 was updated in advance of the national coring programme planned for
2022 and the process agreed by RAUC(S). 
The current national coring programme commenced in March 2022 covering a 2%
sample of utility company reinstatements undertaken between 1 January 2021 and
31 December 2021. The full report was due to be published in March 2023 upon
approval by RAUC(S).
However due to resourcing issues in one local area, the results were delayed with an
interim report being considered by RAUC(S) in June 2023 and publication of final
results due later in the year.
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Review of Specification for reinstatement of openings in Roads
(SROR)
The SROR working group met throughout 2022/23 and finalised the revised
specification in early 2023. The document was subsequently approved by RAUC(S),
the Commissioner and the Scottish Ministers and has been published on the
Commissioner’s website as the SROR Fifth Edition with an in-force date of 1 October
2023. The key change is the introduction of a 6-year guarantee for most
reinstatements.
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7. Commissioner Penalties
Section 119A of NRSWA, as amended by the Transport (Scotland) Act 2005,
provides powers to the Commissioner to impose penalties.
Where the Commissioner is satisfied that a roads authority has failed to comply with
duties imposed on them under section 118 of NRWSA, or a utility company has
failed to comply with duties imposed on them under section 119 of NRSWA, the
Commissioner may impose a financial penalty.
Penalties issued during the reporting period
A Commissioner penalty of £10,000 was issued to Scottish Water for systematic
failure to comply with their statutory duties under section 119 of NRSWA, during the
reporting period.
In the latest five year period, the Scottish Road works Commissioner has issued the
following penalties due to individual organisations failing to carry out their duties: 
Year Amount
2018 £89,000
2019 £nil
2020 £122,000
2021 £nil
2022 £10,000
Table 4 – Commissioner Penalties issued since 2018 
Since the office was established in 2008, the Commissioner has issued penalties to
utility companies and roads authorities totalling £548,000 for failures to comply with
their statutory obligations.  
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8. Promotion of Compliance and Good Practice
The promotion of compliance and good practice is key to driving up standards across
the road works community. 
The committee and working group structure is long established in Scotland and is
central to good practice across all road works undertaken.
Organisational Structure
Roads authorities convene a minimum of 4 local co-ordination meetings which utility
companies and other interested parties attend. These local meetings inform area
meetings, each of which is represented at RAUC(S). The structure of the area
meetings was revised in 2022/23 with 4 areas meeting at 4 monthly intervals a year
going forward
Figure 1 – Scottish road works community structure 
The Commissioner has the overarching objective of improving the planning, co-
ordination and quality of road works in Scotland.
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RAUC(S) consists of representatives from both sectors of the road works community
and provides support and advice to the Commissioner. 
In addition to the RAUC(S) committee hierarchy, the road works community is
represented on a wide range of working groups in Scotland and across the UK.
These working groups inform the development of advice on:
• Legislation
• Codes of Practice
• Advice Notes 
• Management and development of the SRWR
Working groups generally report directly to RAUC(S) or, where there are legislative
or policy implications, to the Scottish Road Works Policy Development Group (PDG)
which is chaired by the Scottish Government.
Publication of Codes of Practice and Advice 
The continued participation of roads authorities and utility companies in the
development of guidance ensures that legislation, codes of practice and advice
notes are fit for purpose. The Commissioner appreciates the resourcing challenges
facing both the public and the private sectors, and continues to encourage
organisations to maintain their support and participation in this vital area of work. 
The Commissioner would like to take this opportunity to thank those members of the
Scottish road works community and their employing organisations for their continued
participation and contribution.
A review of the currency and suitability of codes of practice, advice notes and
guidance was undertaken in summer 2022. This resulted in a number of small
amendments to existing advice notes, a number of advice notes being withdrawn
and a series of recommendations to RAUC(S) to review codes of practice and advice
notes. It is intended that a similar exercise will be undertaken annually and reported
to RAUC(S) in the October cycle each year.  
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The following codes and advice note documents were revised in the reporting period:
• Advice Note 21 – Apparatus at Shallow Depth – updated September 2022
• Advice Note 22 - The Use of S109 of the New Road and Street Works Act
1991. Replacing S61 of the Roads (Scotland) Act 1984 – updated October
2022
• Advice Note 24 - Material and Trial Registers – updated September 2022
• Advice Note 26 - Traffic Management in Roads in Advance of Activity
Commencing - Rescinded October 2022
• Code of Practice for the Co-Ordination of Works – Two advice notes issued
(advice Note 30 – May 2022 and Advice Note 31 – February 2023) 
Links to this and other publications can be found at the Legislation & Guidance
section of the Commissioner’s website.
The development of legislation and guidance is an ongoing process and updates will
be included in future reports. 
Appendix C lists committees and working groups which met during the period of this
report. The Commissioner was represented at all meetings.
Technical Standards Monitoring Programme
There has been no physical monitoring during the reporting period due to
reassignment of the Technical Standards Manager to supporting the review of the
SROR and the National Coring Programme.
Training and Accreditation Group (TAG)
Section 126 of NRSWA 1991 introduced a requirement for supervisors and
operatives to be qualified as prescribed in regulations. In parallel, the first edition of
Safety at Street Works and Road Works: A Code of Practice (“the Red Book”) was
introduced in 1992.
TAG was established in 2017 to review the qualifications of supervisors and
operatives and to develop question banks for use by accredited training providers.
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The group is co-chaired by a highway authority and a utility company. It consists of
representatives from DfT, Commissioner, Scottish Government, Welsh Government,
Northern Ireland RAUC, utility companies, highway authorities and awarding
organisations. The Street Works Qualification Register (SWQR) is also represented.
There has been no invitation sent to the Commissioner’s representatives since the
last meeting held in June 2022. As a result, the Commissioner wrote to HAUC(UK)
expressing concerns and to request that TAG was reconstituted to include Scottish
representation.
Safety at Street Works and Road Works: A Code of Practice (2013) –
(Safety Code)
Whilst, the safety code has been updated several times, most recently in 2013, the
associated formal classroom training has remained largely undeveloped. The safety
code now applies to roads authorities as well as utility companies working on
Scotland’s roads. A review of the safety code has commenced with representation
from all the devolved nations split into various groups to work on separate sections
of the code. Initial meetings of groups started in May 2023. It is anticipated that a
revised code will be completed in 2025.  
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9. Consultations and Research
The Commissioner supports and encourages consultations, research and the
promotion of good practice.
This section summarises the involvement of the office during 2022/23. 
Scottish Road Research Board (SRRB)
SRRB is a partnership between Transport Scotland, SCOTS and the Commissioner.
SRRB commissions research and development to inform improvements in safety,
construction, operation and maintenance of the Scottish road network. Objectives
include promoting innovation and best practice across roads authorities.
The research programme is jointly funded by Transport Scotland and SCOTS.
The Commissioner submitted a proposal to the SRRB in July 2021 for a project to
examine the service life of utility reinstatements and develop a simple set of criteria
for assessing reinstatements at the end of a 6-year period. The proposal was
approved by the SRRB and undertaken through 2022/23. The results were signed off
by the SRRB in early 2023 with publication due sometime in 2023/24. The key
results showed that reinstatement quality had improved since the last research in
2012 and that reinstatements constructed in accordance with the specification could
be expected to remain serviceable at 6 years old and beyond.
Transport Scotland Pavement Forum (TSPF)
The TSPF was established to promote and develop best practice in the selection and
use of paving materials, specifically for use on the Scottish trunk road network. The
remit was broadened in 2010 to cover all aspects of road pavement design,
construction and maintenance, selection of material types and drainage across both
trunk and local road networks.
The Commissioner has continued to have representation on this group through the
reporting period.  
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Mobility and Access Committee Scotland (MACS)
The Mobility and Access Committee for Scotland (MACS) was established in 2002
and is an advisory non departmental public body which is constituted to:
• consider matters about the needs of disabled persons in connection with
transport that the committee think are appropriate.
• advise the Scottish Ministers about those matters that the committee think
are appropriate.
The Commissioner continued to engage with MACS through the reporting period.
Society of Chief Officers of Transportation in Scotland (SCOTS)
The Society of Chief Officers of Transportation in Scotland (SCOTS) was founded in
1996 following a change in local government. It is a strategic body comprising of
transportation professionals from all the 32 councils and the seven regional transport
partnerships. The society's work involves improving performance and innovation in
the design, delivery and maintenance of transportation systems.
The Commissioner is keen to promote best practice amongst roads authorities and is
now a regular participant in the SCOTS Liaison Committee.  
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10. Scottish Road Works Register 
Under section 112 of NRSWA, the Commissioner has a statutory duty to keep a
register of road works. This register is known as the Scottish Road Works Register
(SRWR).
The Scottish Road Works Register
The SRWR is a cloud based register used for the transfer, retention and
management of data used for the planning of road works across Scotland. Utility
companies and roads authorities operating in Scotland have access to the SRWR
and are required to give notice of their proposed road works to others who undertake
road works allowing roads authorities to co-ordinate these works. It includes a public
facing website to inform the travelling public and others affected by works of potential
disruptions. It is funded by the user community through a levy of Prescribed Fees
and Amounts which are collected annually by the Commissioner.
In summary, the SRWR is the main tool used by roads authorities and utility
companies to:
• share information on road works
• assist in the planning and co-ordination of works in roads and
• share the results of inspections carried out for compliance with safety and
reinstatement standards
• a source of data for management information to measure the performance of
organisations undertaking works in roads and
• a source of information for the public and other interested parties regarding
planned, on-going and completed works
There were several short outages to the SRWR service during the 2022/23 reporting
period. None breached the service level agreement levels and overall the service
was available for 99.79% of the contracted up-time. 
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Figure 2 – Screenshot of the Scottish Road Works Register. 
The average number of named users of the SRWR over 2022/23 was 2,298. 
Figure 3 – Number of Named SRWR Users by Year. 
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Period Users
2018/19 2,117
2019/20 2,387
2020/21 2,960
2021/22 2,065
2022/23 2,298
Table 5 – Number of Named SRWR Users by Year. 
The contracted maximum number of concurrent users (those logged into the SRWR
at any one time) during 2022/23 was 252. 
This reporting period was the fifth year of the contract for the provision of the SRWR
on behalf of the Commissioner. The contract has a minimum duration of 4 years with
the option to extend for an additional 3 years, in 1 year increments. 
Figure 4 – Screenshots of the three SRWR Apps available. 
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Also included in the SRWR service are:
Scottish Road Works Online
A cut down version of the SRWR is available on the internet for the travelling public
to access information on road works, showing planned and current road works. The
site is compatible with a variety of platforms including desktop, tablet and mobile
phones.
Scottish Road Works Online can be found here:
Scottish Road Works Online 
Figure 5 – Screenshot from Scottish Road Works Online 
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Dial Before You Dig
Whilst the SRWR allows utility companies and roads authorities to exchange details
of their apparatus, third parties (those not classed as undertakers or roads
authorities) can request information using the Dial Before You Dig Plant Information
request facility. This protects operatives carrying out works from harm and protects
assets from accidental damage caused by works. 
Calls placed to the Dial Before You Dig service are handled by the service provider,
Symology Ltd, as part of their contractual obligations for the provision of the SRWR.
The provider uses the SRWR to pass details of the request to utility companies and
roads authorities, who may have apparatus in the affected area. On receipt of a
request utility companies and roads authorities are expected to respond with details
of affected assets.
On average 114 requests/month were received during 2022/23. 
Figure 6 – Number of Dial Before You Dig requests processed 
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Year Requests
2018/19 2,317
2019/20 1,935
2020/21 1,468
2021/22 1,374
2022/23 1,228
Table 6 – Number of Dial Before You Dig requests processed 
Further information on this service can be found at: 
http://dialbeforeyoudig.scot or by calling 08000 231 251
Community Apparatus Data Vault
RAUC(S) Advice Note 1 – The Sharing of Plant Information requires that records
relating to apparatus/plant are made freely available for inspection by any roads
authority or utility company. This information is provided using websites showing
maps, CDs containing the data, maps by email or printed paper plans sent by post. 
The Community Apparatus Data Vault (Vault) is a non-statutory addition to the
SRWR introduced in 2011. It is one of the easiest ways available to an organisation
to comply with its statutory obligation to share information. Vault displays information
from all participating organisations simultaneously on one screen. 
SRWR System Training
The training in the use of the SRWR is now provided in a suite of 12 e-learning
modules, which can be tailored to the users expected usage of the SRWR. Over the
period 1,416 modules were completed by users.
SRWR Open Data
As part of the new contract for the supply of the SRWR, it is a requirement that road
works data recorded on SRWR is made available to download as Open Data. Every
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transaction relating to works is available for download in a set of CSV (Comma
Separated Value) files. 
Further information can be found here: 
Scottish Road Works Register Open Data
SRWR Steering Group and the System Assurance Team 
To ensure that SRWR services are fit for purpose, representatives of the SRWR user
community meet regularly as members of the SRWR Steering Group and the
System Assurance Team. These meetings are attended by representatives of the
software contractor. 
This engagement helps ensure that the SRWR continues to serve the needs of
roads authorities and utility companies. These groups support both the
Commissioner and RAUC(S).
Financing of the Scottish Road Works Register 
Provision of the SRWR is funded by the user community through a statutory
Prescribed Fees and Amounts levy which is collected annually by the Commissioner.
The Parliamentary Regulations supporting the collection of “Fees and Amounts”
required for the 2022/23 financial year were:
• The Scottish Road Works Register (Prescribed Fees and Amounts)
Regulations 2008 which came into force on 29 February 2008. Whilst the
“Fees” element of this legislation has been superseded, the “Amounts”
element remains in force.
• The Scottish Road Works Register (Prescribed Fees) Regulations 2021
which came into force on 1 April 2020 prescribes the fee to be collected for
2022/23. 
The 2022/23 prescribed fees and amounts collected for the running of the SRWR
totalled £882,933. Invoices for the operation of the SRWR were issued to the
community on 1 April 2022. Of the 93 invoices issued, 67 were paid before the due
date of 1 June 2022. The remaining 26 were all paid by 9 October 2022. 
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The Scottish Road Works Register (Prescribed Fees) Amendment Regulations 2022
were laid before the Scottish Parliament on 19 January 2022. In conjunction with The
Scottish Road Works Register (Prescribed Fees and Amounts) Regulations 2008,
these regulations prescribe the £882,933 required to operate the SRWR in 2022/23
and £950,387 required to operate the SRWR in 2023/24. During 2022/23 150,872
works were started, meaning an average cost of around £5.85 for each works
started.
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11. Legislation
The legal framework for road works in Scotland are the New Roads and Street
Works Act 1991 (as amended by the Transport (Scotland) Act 2005) and the
associated secondary legislation, codes of practice and advice notes. In 2019 this
was supplemented by the Transport (Scotland) Act 2019. Part 9 of the 2019 Act
makes provisions to enhance the role of the Commissioner and to improve the
regulation of road works in Scotland.
The Transport (Scotland) Act 2019 received royal ascent in November 2019, and
whilst there was a delay due to the Covid pandemic, several provisions contained in
Part 9 have been commenced. The remaining provisions are due to be commenced
during 2023/24.
Reviewing legislation is an ongoing process which most public sector agencies
undertake at some time. Reviews can be driven by sector developments, changes in
technology/materials, changes in processes or be policy driven and should benefit
stakeholders and the public. Consultation is an essential part of any review and a
key part of developing legislation.
Links to this legislation and other publications can be found at the Legislation &
Guidance  section of the Commissioner’s website.
Specification for the Reinstatement of Openings in Roads (SROR) 
Work to develop the Fifth Edition of the SROR has been ongoing throughout
2022/23. This has been a collaborative effort from a working group comprising
representatives of roads authorities and utilities, with support from the
Commissioner’s staff. This was granted ministerial approval on 25 May 2023 and will
come into operation on 1 October 2023. 
Policy Development Group (PDG)
The road works PDG meets quarterly and is chaired by the Scottish Government.
Membership includes representatives from the Commissioner, RAUC(S), SCOTS,
Street Works UK and the SRWR Steering Group. The group considers amendments
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to road works policy and provides advice on legislation, codes of practice and advice
notes.
Regulations
The Transport (Scotland) Act 2019 (Commencement No. 6) Regulations 2022, came
into force on 28 November 2022 and introduced: requirements for qualified
operatives and supervisors; changes to the noticing requirements for actual works
commencement and works completion notices; the legislative requirement for
reinstatement quality plans; and some minor amendments and repeals.
Legislation and Future Legislation
The Commissioner will continue to work closely with Scottish Government with this
development and any future legislation.  
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12. Annual Report and Accounts
Audit Scotland undertook an external audit of the 2022/23 Commissioner Annual
Report and Accounts during the summer of 2023.
The Annual Report and Accounts for 2022/23 will be published by 31 December
2023 and be available to download here:
Scottish Road Works Commissioner’s Annual Accounts 
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13. Reflection and Forward Planning
Reflection
The number of road works registered continued to increase in 2022/23 compared to
the previous year. Most of this increase was in the telecoms sector and appears to
be associated with the continuing expansion of fibre broadband. However, the
increase was significantly lower than in 2021/22 and this might indicate that the peak
is being reached. 
Disruption from road works is inevitable but through good co-ordination and co-
operation, facilitated by the Scottish Road Works Register, the disruption can be
managed and minimised. Roads Authorities have a key role to play in this and have
a range of powers available to assist. However, there remains a considerable
inconsistency in the use of these powers and the Commissioner feels this needs to
improve before any further powers should be considered for Roads Authorities.
There has been a notable rise in the number of substandard traffic management
issues recorded and an attendant decrease in the percentage of utility Sample A
inspections passed. This is a real concern as good signing, lighting and guarding
(SLG) is the fundamental mechanism by which people are protected – both within
the site and whilst passing the site whilst walking, wheeling, cycling or in vehicles.
There is currently no fixed penalty available for roads authorities to issue in the event
of inadequate SLG and this may be one reason for the issue. The Commissioner
intends to give particular attention to this when new compliance notice and
inspection powers are introduced in 2023/24.
The Commissioner has signed up to the HAUC(UK) Road to Net Zero Charter and
will continue to push for action to reduce the carbon impact of road works.
Finally, the results of the delayed National Coring Programme should be released in
2023 and will hopefully show continued improvement. However, it is anticipated that
some utilities will still face potential penalties as a result of inadequate performance. 
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Forward Planning
The Business Plan 2023/24 developed in March 2023, is published on the
Commissioner’s website;
Business Plan 2023-24 | Scottish Road Works Commissioner 
In addition to addressing the corporate aims of the office, the plan focuses on the
overall governance and objective setting by business area. The plan acknowledges
the work to assist Transport Scotland, associated with the progression of the
Transport (Scotland) Act 2019.
The 2023-26 Corporate Plan, reviewed in 2023, is also published on the
Commissioner’s website;
Corporate Plan 2023-26 | Scottish Road Works Commissioner 
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List of Terms and Descriptions
The table below proves a list of acronyms and terms used in this report.
Term Description
Area RAUC Area sub-group of the Roads Authorities and Utilities
Committee
Commissioner Scottish Road Works Commissioner
DBFO Transport Scotland contractors engaged to Design, Build,
Finance and Operate the road
EI(S)R Environmental Information (Scotland) Regulations 2004
FOI(S)A Freedom of Information (Scotland) Act 2002
FPN Fixed Penalty Notice
Gazetteer List of all roads maintained by a roads authority
HAUC (UK) Highway Authorities and Utilities Committee (UK)
Local RAUC Local Roads Authorities and Utilities Committee
NRSWA New Roads and Street Works Act 1991, as amended by
the Transport (Scotland) Act 2005 and the Transport
(Scotland) Act 2019
PDG Policy Development Group
RAUC(S) Roads Authorities and Utilities Committee (Scotland)
Register Scottish Road Works Register
Roads Authority
(RA)
The authority responsible for the maintenance of the road
and co-ordination of road works taking place on that road.
SCOTS Society of Chief Officers of Transportation in Scotland
SROR Specification for the Reinstatement of Openings in Roads
SRRB Scottish Road Research Board
SRWR Scottish Road Works Register
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Term Description
Utility Company (U) Those organisations with the statutory powers to place
and maintain apparatus in the road. Referred to
“undertakers” in NRSWA.  
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List of Roads Authorities and Utilities
Roads Authorities
City Group
Aberdeen City Council
Dundee City Council
City of Edinburgh Council
Glasgow City Council
Island Group
Comhairle nan Eilean Siar 
Orkney Islands Council
Shetland Islands Council
Rural Group
Aberdeenshire Council
Angus Council
Argyll & Bute Council
Scottish Borders Council
Dumfries & Galloway Council
Highland Council
Perth & Kinross Council
Moray Council
Semi-Urban Group
East Ayrshire Council
East Lothian Council
Fife Council
Midlothian Council
North Ayrshire Council
South Ayrshire Council
South Lanarkshire Council
Stirling Council
West Lothian Council
Urban Group
Clackmannanshire Council
East Dunbartonshire Council
East Renfrewshire Council
Falkirk Council
Inverclyde Council
North Lanarkshire Council
Renfrewshire Council
West Dunbartonshire Council
Trunk Road
Transport Scotland on behalf of Scottish Ministers
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Other
Tay Road Bridge Joint Board 
Utility Companies
Electricity
Electricity Network Company Ltd
Energy Asset Networks
ESP Electricity
Fulcrum Electricity Assets Ltd
Indigo Power
Last Mile Electricity Ltd
Moray Offshore Windfarm (West) Ltd
mua Electricity Ltd 
NorthConnect
Optimal Power Networks Ltd
Premier Transmission Ltd
Scottish Hydro Electric Power Distribution plc 
SP Energy Networks
Gas 
Energy Assets Pipelines
ES Pipelines Ltd
Fulcrum Pipelines Ltd
GTC Pipelines Ltd
Indigo Pipelines
Last Mile Gas Ltd
mua Gas Ltd 
National Gas
SGN 
Pipelines
BP
EnQuest
Exolum Pipeline Systems Ltd
INEOS FPS
INEOS O & P UK
Petroineos Manufacturing Scotland Ltd 
Shell  
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Telecoms
Arqiva
Axione UK Ltd
BorderLink Broadband Ltd
Broadband for the Rural North (B4RN) 
Broadway Partners Ltd
BT
CityFibre 
Commsworld Ltd
Converged Communications Solutions Ltd
EE
Gamma Telecom
Concept Solutions People Ltd
Grain Communications
Hutchison 3G
Hyperoptic Ltd
InFocus Public Networks Ltd
InternetTY Ltd 
Lothian Broadband
Lumen Technologies UK Ltd 
Neos Networks 
Netomnia 
Nexfibre Networks Ltd
Open Fibre UK Ltd
Optify Mediaforce Ltd
Persimmon Homes Ltd
Sky UK
TalkTalk Business
Telefonica UK 
Verizon
Virgin Media Group 
Vodafone Ltd
Zayo 
Water
Scottish Water
Others
Network Rail
Royal Mail  
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Extent of Engagement
Committees and working groups which met during the reporting period at which the
Commissioner or a representative attended. Due to the pandemic, meetings were
held virtually.
Committees Frequency Reports to
Highway Authorities and Utilities Committee
(UK) 
4 per year N/A
Roads Authorities and Utilities Committee
(Scotland)
3 per year N/A
Area RAUC  3 per year RAUC(S)
Local RAUC 4 per year Area RAUCs 
Working Groups  Frequency Reports to
Policy Development Group Quarterly Scottish Government
Specification for the Reinstatement of
Openings in Roads Working Group
When
required
RAUC(S)
SRWR Steering Group Quarterly The
Commissioner/RAUC(S)
RAUC(S) Gazetteer Working Group Quarterly RAUC(S)
System Assurance Team Quarterly SRWR Steering Group
Code of Practice for Inspections Working
Group
When
required
RAUC(S)
Coring Working Group When
required
RAUC(S)
Co-ordination Code of Practice Working
Group
When
required
RAUC(S)
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Working Groups  Frequency Reports to
Training and Accreditation Group (UK) Quarterly HAUC(UK) 
In addition to the above specific groups, the following summarises other
engagements undertaken during the reporting period by the Commissioner during
2022/23. 
Meeting/Engagement Frequency/Summary
Utility company specific meetings  Meetings include the promotion of good
practice, compliance and enforcement.
Roads authority specific meetings Meetings include the promotion of good
practice, compliance and enforcement.
Scottish Government Specialist technical policy groups to
assist in the progress of specialist
policies and directives. 
Input into significant national events.
Liaison meetings as required.
Continued professional development  Staff development and knowledge
exchange to ensure good practice
within the industry.
SRWR contract meetings Quarterly liaison meetings with the
software provider. 
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22 Additional Indicator Reports
Performance Review Rating 2022/23
Type Organisation Rating
RA Comhairle nan Eilean Siar Well Managed
RA Fife Council Well Managed
RA Inverclyde Council Well Managed
RA Midlothian Council Well Managed
RA North Lanarkshire Council Well Managed
RA Scottish Borders Council Well Managed
RA South Lanarkshire Council Well Managed
RA West Dunbartonshire Council Well Managed
RA West Lothian Council Well Managed
U ES Pipelines Ltd Well Managed
U GTC Pipelines Ltd Well Managed
U mua Electricity Ltd Well Managed
U Neos Networks Well Managed
U Network Rail Well Managed
RA Aberdeen City Council Satisfactory
RA Angus Council Satisfactory
RA Argyll & Bute Council Satisfactory
RA Dundee City Council Satisfactory
RA East Ayrshire Council Satisfactory
RA East Dunbartonshire Council Satisfactory
RA East Lothian Council Satisfactory
RA East Renfrewshire Council Satisfactory
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Type Organisation Rating
RA Falkirk Council Satisfactory
RA Glasgow City Council Satisfactory
RA Highland Council Satisfactory
RA Moray Council Satisfactory
RA North Ayrshire Council Satisfactory
RA Perth & Kinross Council Satisfactory
RA Renfrewshire Council Satisfactory
RA South Ayrshire Council Satisfactory
RA Stirling Council Satisfactory
RA Tay Road Bridge Joint Board Satisfactory
RA Transport Scotland Satisfactory
U Borderlink Broadband Ltd Satisfactory
U BT Satisfactory
U Commsworld Ltd Satisfactory
U EE Satisfactory
U Nexfibre Networks Ltd Satisfactory
U Royal Mail Satisfactory
U Scottish Hydro Electric Power Distribution plc Satisfactory
U Scottish Water Satisfactory
U SGN Satisfactory
U Sky UK Satisfactory
U Virgin Media Group Satisfactory
RA Aberdeenshire Council Unsatisfactory
RA City of Edinburgh Council Unsatisfactory
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Type Organisation Rating
RA Clackmannanshire Council Unsatisfactory
RA Dumfries & Galloway Council Unsatisfactory
RA Orkney Islands Council Unsatisfactory
RA Shetland Islands Council Unsatisfactory
U Arqiva Unsatisfactory
U Axione UK Ltd Unsatisfactory
U Broadway Partners Ltd Unsatisfactory
U CityFibre Unsatisfactory
U Converged Communications Solutions Ltd Unsatisfactory
U Energy Assets Pipelines Unsatisfactory
U ESP Electricity Unsatisfactory
U Fulcrum Pipelines Ltd Unsatisfactory
U Hutchison 3G Unsatisfactory
U Hyperoptic Ltd Unsatisfactory
U Indigo Pipelines Unsatisfactory
U InternetTY Ltd Unsatisfactory
U Last Mile Electricity Ltd Unsatisfactory
U Last Mile Gas Ltd Unsatisfactory
U Lothian Broadband Unsatisfactory
U Lumen Technologies UK Ltd Unsatisfactory
U National Gas Unsatisfactory
U Netomnia  Unsatisfactory
U Optimal Power Networks Ltd Unsatisfactory
U Persimmons Homes Ltd Unsatisfactory
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Type Organisation Rating
U SP Energy Networks Unsatisfactory
U Telefonica UK Unsatisfactory
U Verizon Unsatisfactory
U Vodafone Ltd Unsatisfactory
U Zayo Unsatisfactory
Table 7 – Performance review rating 2022/23 
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Roads authority and utility company noticing failures as a percentage
of actual starts
All qualifying road works carried out by utility companies and roads authorities are
required to be registered (noticed) on the Scottish Road Works Register (SRWR). 
Utility company noticing failures are system generated by the SRWR and referred to
as potential noticing offences. Each potential noticing offence is reviewed by a roads
authority and may attract a Fixed Penalty Notice (FPN) (not all roads authorities
have taken up the option to issue FPNs).
Roads authority noticing failures are also system generated by the SRWR and
referred to as potential noticing failures for comparison purposes with utility company
performance. They are not subject to FPNs as an authority cannot issue a penalty
against themselves.
This indicator compares the average noticing failure rate of all utility companies
against the average noticing failure rate of all roads authorities and the individual
failure rates of utility companies and roads authorities.
Notices required to be registered on the SRWR include:
• Advance Notice (NRSWA Section 113(5))
• Start Notice (NRSWA Section 114(5))
• Emergency Notice (NRSWA Section 116(4))
• Works Closed Notice (NRSWA Section 129(6))
It is expected that all roads authorities and utility companies achieve a failure rate of
4% or less, as noticing of road works is an administrative function. 
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61 
Figure 7 – Roads authority and utility company noticing failures as a percentage of actual
starts
(Source: SRWR Reports 2a and 2b)
Roads Authorities 2018/19 2019/20 2020/21 2021/22 2022/23
Aberdeen City Council 7.0% 3.9% 5.5% 3.8% 2.6%
Aberdeenshire Council 13.1% 4.0% 6.9% 6.4% 8.4%
Angus Council 4.3% 1.2% 3.4% 1.4% 9.3%
Argyll & Bute Council 2.6% 5.8% 13.7% 4.1% 3.2%
City of Edinburgh Council 21.1% 7.8% 9.4% 5.5% 9.7%
Clackmannanshire Council 2.3% 0.6% 6.1% 8.8% 11.7%
Comhairle nan Eilean Siar 1.7% 0.8% 1.0% 1.2% 2.7%
Dumfries & Galloway
Council
3.7% 2.5% 12.0% 8.6% 7.0%
Dundee City Council 15.3% 14.6% 17.6% 9.8% 5.0%
East Ayrshire Council 11.6% 16.7% 10.5% 4.1% 2.8%
East Dunbartonshire
Council
2.5% 1.6% 2.5% 1.6% 0.8%
East Lothian Council 5.3% 10.1% 19.7% 2.3% 2.3%
East Renfrewshire Council 18.4% 10.0% 5.6% 3.6% 4.7%
Falkirk Council 4.7% 4.2% 6.8% 4.6% 5.9%
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Roads Authorities 2018/19 2019/20 2020/21 2021/22 2022/23
Fife Council 8.6% 2.9% 6.9% 4.5% 4.5%
Glasgow City Council 6.7% 4.1% 17.9% 7.8% 3.0%
Highland Council 10.0% 7.8% 11.4% 9.0% 1.4%
Inverclyde Council 3.0% 1.7% 1.4% 2.4% 2.9%
Midlothian Council 1.9% 0.6% 4.0% 0.0% 0.5%
Moray Council 0.5% 2.5% 12.1% 5.3% 7.1%
North Ayrshire Council 8.3% 2.8% 15.2% 2.0% 2.8%
North Lanarkshire Council 4.4% 1.9% 3.8% 2.0% 2.1%
Orkney Islands Council 7.1% 8.7% 21.5% 9.7% 12.0%
Perth & Kinross Council 4.4% 1.2% 3.0% 5.6% 5.3%
Renfrewshire Council 1.1% 0.9% 3.7% 1.2% 5.2%
Scottish Borders Council 8.0% 3.2% 7.3% 4.1% 3.2%
Shetland Islands Council 2.5% 4.3% 10.4% 7.9% 7.8%
South Ayrshire Council 6.3% 6.3% 5.8% 3.6% 2.2%
South Lanarkshire Council 5.0% 2.6% 6.1% 5.2% 1.6%
Stirling Council 4.3% 4.6% 14.8% 2.8% 3.9%
Tay Road Bridge Joint
Board
0.0% 9.1% 200.0% 0.0% 16.7%
Transport Scotland 3.9% 3.1% 3.1% 1.3% 1.5%
West Dunbartonshire
Council
70.7% 35.8% 5.2% 3.8% 2.3%
West Lothian Council 4.7% 3.0% 4.3% 1.8% 3.8%
Table 8 – Roads authority noticing failures as a percentage of actual starts 
(Source: SRWR Report 2a and SRWR Report 9a)
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Organisation 2018/19 2019/20 2021/22 2021/22 2022/23
Arqiva 14.2% 2.9% 0.0% 66.7% 66.7%
Axione UK Ltd N/A 0.0% 7.1% 28.0% 9.2%
Borderlink Broadband Ltd N/A N/A N/A 42.5% 2.7%
Broadway Partners Ltd N/A N/A N/A N/A 14.4%
BT 4.3% 3.4% 3.7% 4.2% 6.1%
CityFibre 6.1% 6.1% 5.6% 4.0% 3.4%
Commsworld Ltd N/A N/A 0.0% 6.8% 2.8%
Concept Solutions People
Ltd
30.0% 66.7% N/A N/A N/A
Converged Communication
Solutions Ltd
N/A N/A N/A N/A 100.0%
EE 9.5% 3.5% 5.6% 3.3% 5.1%
Energy Asset Networks N/A N/A N/A N/A 11.1%
Energy Assets Pipelines 13.6% 16.3% 14.9% 10.3% 8.9%
ES Pipelines Ltd 8.3% 9.2% 50.8% 42.5% 2.8%
ESP Electricity 0.0% N/A N/A 100.0% 35.7%
Fulcrum Pipeline Ltd 55.3% 67.7% 46.2% 42.9% 20.0%
GTC Pipelines Ltd 24.0% 24.6% 7.9% 3.1% 1.7%
Hutchison 3G N/A N/A N/A N/A 20.4%
Hyperoptic Ltd 4.5% 20.0% 17.0% 25.1% 19.0%
Indigo Pipelines N/A N/A N/A 0.0% 0.0%
Indigo Power N/A N/A N/A 50.0% N/A
INEOS FPS 25.0% N/A 0.0% N/A% N/A
INEOS O & P UK N/A N/A N/A N/A% N/A
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Organisation 2018/19 2019/20 2021/22 2021/22 2022/23
InternetTY Ltd  N/A N/A N/A N/A 45.5%
Last Mile Electricity Ltd 30.6% 16.2% 8.8% 10.9% 11.1%
Last Mile Gas Ltd N/A N/A 4.2% 6.2% 15.1%
Lothian Broadband N/A 0.0% 0.0% 15.7% 14.2%
Lumen Technologies UK Ltd 20.0% 17.6% 50.0% N/A 0.0%
mua Electricity Ltd N/A N/A 65.4% 36.7% 4.7%
mua Gas Ltd N/A N/A 100.0% N/A N/A
National Gas 10.5% N/A N/A N/A 121.4%
Neos Networks 1.6% 3.2% 7.4% 1.3% 0.4%
Netomnia N/A N/A N/A N/A 8.8%
Network Rail 6.1% 2.0% 3.9% 3.4% 3.1%
Nexfibre Networks Ltd N/A N/A N/A N/A 6.0%
Optimal Power Networks Ltd N/A N/A N/A N/A 50.0%
Persimmon Homes Ltd N/A N/A N/A N/A 33.3%
Petroineos Manufacturing
Scotland Ltd
N/A 66.7% N/A N/A N/A
Royal Mail 25.3% 4.1% 25.3% 0.0% 10.9%
Scottish Hydro Electric
Power Distribution plc
4.7% 13.5% 8.2% 9.6% 6.8%
Scottish Water 3.1% 3.1% 3.4% 4.5% 3.6%
SGN 7.3% 5.6% 7.9% 6.6% 6.0%
Sky UK 58.3% 0.0% 0.0% N/A 0.0%
SP Energy Networks 7.1% 6.2% 5.8% 8.1% 8.1%
Telefonica UK 6.2% 5.3% 11.6% 4.1% 2.2%
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Organisation 2018/19 2019/20 2021/22 2021/22 2022/23
Verizon 22.2% 0.0% 50.0% 10.0% 0.0%
Virgin Media Group 8.1% 6.9% 13.6% 19.3% 3.9%
Vodafone Ltd 6.0% 3.2% 4.1% 2.3% 12.0%
Zayo 72.7% 50.0% 20.0% 54.5% 30.0%
Note: N/A indicates the organisation did not undertake any works in that year.
Table 9 – Utility company noticing failures as a percentage of actual starts 
(Source: SRWR Report 2b and SRWR Report 9a) 
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Actual starts (Roads authority and utility company)
Subject to the scale of the road works, utility companies and roads authorities are
required to register 24 hour, 3 day or 7 day advance notifications on the Scottish
Road Works Register (SRWR) for all qualifying works. 
When road works actually commence on site, organisations are then required to
register an actual start notice. 
For example, works subject to a 7 day notification require an actual start to be
registered between Day 7 and Day 14, and this must be registered by noon the
following day. 
This indicator shows the number of actual start notices registered on the SRWR by
roads authorities and utility companies, including emergency and urgent works. 
Figure 8 – Roads authority and utility company actual starts
(Source: SRWR Report 9a) 
Period Roads Authorities Utility Companies
2018/19 Q1 9,640 25,194
2018/19 Q2 8,807 23,622
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Period Roads Authorities Utility Companies
2018/19 Q3 7,981 22,096
2018/19 Q4 9,070 24,249
2019/20 Q1 9,375 23,265
2019/20 Q2 9,842 24,470
2019/20 Q3 7,786 22,494
2019/20 Q4 8,725 23,216
2020/21 Q1 3,388 18,101
2020/21 Q2 7,990 23,519
2020/21 Q3 7,316 24,325
2020/21 Q4 8,019 27,066
2021/22 Q1 9,820 26,083
2021/22 Q2 9,076 26,179
2021/22 Q3 7,458 25,253
2021/22 Q4 9,515 28,359
2022/23 Q1 10,018 28,217
2022/23 Q2 9,439 27,100
2022/23 Q3 8,472 26,695
2022/23 Q4 10,908 30,023
Table 10 – Roads authority and utility company noticing actual starts
(Source: SRWR Report 9a)  
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Early and late starts as a percentage of actual starts
This indicator records the percentage of works with a registered start date in the
SRWR where an early or late start request has subsequently been made. 
Early starts with the agreement of utility companies and roads authorities can be a
sign of good co-ordination. Where a window of opportunity exists to undertake
works, it should be considered. Excessive use suggests poor works planning. 
Figure 9 – Early starts as a percentage of actual starts
(Source: SRWR Report 10 and SRWR Report 9a) 
Period Roads Authorities Utility Companies
2018/19 Q1 18.0% 6.7%
2018/19 Q2 16.4% 7.4%
2018/19 Q3 14.0% 7.5%
2018/19 Q4 16.3% 8.5%
2019/20 Q1 15.2% 9.0%
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Period Roads Authorities Utility Companies
2019/20 Q2 11.2% 7.7%
2019/20 Q3 9.8% 9.2%
2019/20 Q4 12.9% 9.5%
2020/21 Q1 15.1% 10.2%
2020/21 Q2 14.5% 9.7%
2020/21 Q3 11.3% 9.1%
2020/21 Q4 13.5% 7.4%
2021/22 Q1 8.8% 7.8%
2021/22 Q2 9.0% 8.2%
2021/22 Q3 7.8% 8.5%
2021/22 Q4 9.7% 7.3%
2022/23 Q1 7.7% 7.4%
2022/23 Q2 7.8% 6.9%
2022/23 Q3 7.3% 6.0%
2022/23 Q4 5.2% 7.8%
Table 11 – Early starts as a percentage of actual starts
(Source: SRWR Report 10 and SRWR Report 9a)
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Figure 10 – Late starts as a percentage of actual starts 
(Source: SRWR Report 10 and SRWR Report 9a) 
Period Roads Authorities Utility Companies
2018/19 Q1 1.4% 0.6%
2018/19 Q2 1.1% 0.5%
2018/19 Q3 1.0% 0.6%
2018/19 Q4 1.1% 0.5%
2019/20 Q1 1.0% 0.7%
2019/20 Q2 0.7% 0.5%
2019/20 Q3 0.6% 0.5%
2019/20 Q4 0.8% 0.6%
2020/21 Q1 1.4% 0.7%
2020/21 Q2 1.1% 1.2%
2020/21 Q3 1.9% 0.4%
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Period Roads Authorities Utility Companies
2020/21 Q4 1.8% 0.4%
2021/22 Q1 0.8% 0.3%
2021/22 Q2 1.3% 0.5%
2021/22 Q3 1.5% 0.6%
2021/22 Q4 0.7% 0.4%
2022/23 Q1 1.1% 0.6%
2022/23 Q2 1.3% 0.5%
2022/23 Q3 0.7% 0.4%
2022/23 Q4 0.6% 0.5%
Table 12 – Late starts as a percentage of actual starts
(Source: SRWR Report 10 and SRWR Report 9a) 
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Unplanned works as a percentage of actual starts 
Where works are considered, by a roads authority or utility company to be
emergency, urgent or remedial dangerous they are considered to be unplanned
works and there are special noticing procedures which allow works to start as soon
as possible. 
Figure 11 – Unplanned works as a percentage of actual starts 
(Source: SRWR Report 9a) 
Period Elec Gas RA Tel Water Other
2018/19 Q1 44.9% 29.0% 3.4% 9.4% 53.2% 5.4%
2018/19 Q2 43.2% 32.0% 3.1% 12.2% 56.2% 6.7%
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Period Elec Gas RA Tel Water Other
2018/19 Q3 41.2% 38.6% 4.7% 13.9% 55.5% 7.8%
2018/19 Q4 39.3% 36.9% 4.1% 11.2% 55.9% 8.9%
2019/20 Q1 34.6% 30.2% 3.3% 10.8% 47.6% 3.6%
2019/20 Q2 36.9% 26.3% 3.6% 11.9% 44.5% 4.2%
2019/20 Q3 39.9% 39.1% 4.1% 11.9% 46.2% 3.0%
2019/20 Q4 37.2% 32.8% 4.6% 11.9% 47.0% 3.0%
2020/21 Q1 58.6% 52.7% 5.9% 11.5% 68.3% 1.5%
2020/21 Q2 38.2% 29.0% 3.4% 10.5% 50.3% 2.7%
2020/21 Q3 36.5% 37.6% 4.0% 10.6% 45.3% 2.4%
2020/21 Q4 43.2% 38.5% 4.4% 9.6% 60.1% 6.7%
2021/22 Q1 38.8% 29.9% 2.4% 10.4% 48.6% 1.7%
2021/22 Q2 43.0% 34.5% 2.3% 9.1% 53.3% 2.0%
2021/22 Q3 43.8% 46.4% 2.8% 10.2% 53.9% 2.5%
2021/22 Q4 40.8% 36.4% 2.7% 7.3% 51.0% 1.6%
2022/23 Q1 38.5% 32.5% 2.2% 6.7% 50.5% 1.9%
2022/23 Q2 40.5% 36.5% 2.2% 5.3% 53.0% 1.3%
2022/23 Q3 47.2% 49.0% 3.2% 6.5% 58.7% 7.9%
2022/23 Q4 43.8% 43.7% 3.1% 6.3% 56.4% 11.2%
Table 13 – Unplanned works as a percentage of actual starts
(Source: SRWR Report 9a)  
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Work extensions as a percentage of actual starts
Works extensions are granted to a utility company with the agreement of the affected
roads authority when an expected completion date is unlikely to be achieved. 
This indicator compares the percentage of utility company road works and roads
authority works which have been extended beyond their expected end date. 
Figure 12 – Works extensions as a percentage of actual starts
(Source: SRWR Report 12 and SRWR Report 9a) 
Period Roads Authorities Utility Companies
2018/19 Q1 10.7% 7.7%
2018/19 Q2 11.8% 7.7%
2018/19 Q3 9.5% 9.4%
2018/19 Q4 7.9% 6.7%
2019/20 Q1 6.2% 6.9%
2019/20 Q2 6.9% 7.3%
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Period Roads Authorities Utility Companies
2019/20 Q3 7.7% 6.5%
2019/20 Q4 7.6% 7.2%
2020/21 Q1 5.9% 7.9%
2020/21 Q2 7.4% 7.0%
2020/21 Q3 9.8% 7.6%
2020/21 Q4 9.7% 10.4%
2021/22 Q1 8.6% 7.2%
2021/22 Q2 7.3% 8.4%
2021/22 Q3 8.9% 8.5%
2021/22 Q4 7.5% 7.8%
2022/23 Q1 6.7% 8.2%
2022/23 Q2 7.2% 9.2%
2022/23 Q3 7.0% 10.5%
2022/23 Q4 6.2% 9.1%
Table 14 – Works extensions as a percentage of actual starts
(Source: SRWR Report 12 and SRWR Report 9a)  
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Works that Overran as a percentage of planned works
Works that overrun occur when a road works completion date goes beyond the
expected end date recorded in the Scottish Road Works Register (SRWR).
Note: The term “planned works” include major standard and minor works registered
on the SRWR. 
Figure 13 – Works that Overran works as a percentage of planned works 
(Source: SRWR Report 6 and SRWR Report 9a) 
Period Roads Authorities Utility Companies
2018/19 Q1 0.9% 1.8%
2018/19 Q2 0.9% 1.7%
2018/19 Q3 0.8% 2.0%
2018/19 Q4 0.7% 1.6%
2019/20 Q1 0.3% 2.3%
2019/20 Q2 0.3% 2.2%
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Period Roads Authorities Utility Companies
2019/20 Q3 0.7% 3.0%
2019/20 Q4 0.4% 2.1%
2020/21 Q1 0.5% 1.9%
2020/21 Q2 0.4% 2.9%
2020/21 Q3 0.4% 2.3%
2020/21 Q4 0.3% 1.8%
2021/22 Q1 0.2% 3.1%
2021/22 Q2 0.2% 2.9%
2021/22 Q3 0.3% 3.0%
2021/22 Q4 0.3% 2.2%
2022/23 Q1 0.3% 2.7%
2022/23 Q2 0.2% 2.8%
2022/23 Q3 0.3% 3.6%
2022/23 Q4 0.3% 1.8%
Table 15 – Overrunning works as a percentage of planned works
(Source: SRWR Report 6 and SRWR Report 9a) 
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Works awaiting closure and/or registration of final site reinstatement
details
On completion of road works on site, utility companies are required to place a “works
closed” notice in the SRWR by 16:30 the following day. This is followed by a “final
site reinstatement details” notice within 5 days.
On completion of road works on site, roads authorities are required to place a “works
closed” notice in the SRWR by 16:30 the following day. There is no requirement to
record site reinstatement details.
This report compares utility company failures to place “works closed” notices against
roads authority failures to place “works closed” notices. 
Note: Figures for 2020/21 Q1 were incorrectly inflated due to a problem with a
SRWR upgrade. The incorrect figures have been removed.
Figure 14 – Works awaiting closure
(Source: SRWR Report 16) 
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Period Roads Authorities Utility Companies
2018/19 Q1 39 104
2018/19 Q2 37 76
2018/19 Q3 27 98
2018/19 Q4 6 89
2019/20 Q1 24 73
2019/20 Q2 25 74
2019/20 Q3 20 100
2019/20 Q4 31 56
2020/21 Q1 Removed Removed
2020/21 Q2 75 155
2020/21 Q3 61 63
2020/21 Q4 76 109
2021/22 Q1 24 119
2021/22 Q2 28 90
2021/22 Q3 32 141
2021/22 Q4 21 142
2022/23 Q1 16 129
2022/23 Q2 17 172
2022/23 Q3 19 231
2022/23 Q4 20 52
Table 16 – Works awaiting closure 
(Source: SRWR Report 16)  
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Note: Figures for 2020/21 Q1 were incorrectly inflated due to a problem with a
SRWR upgrade. The incorrect figures have been removed.
Figure 15 – Utility company works awaiting registration of final site reinstatement details 
(Source: SRWR Report 16) 
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Period Utility Companies
2018/19 Q1 1,782
2018/19 Q2 2,038
2018/19 Q3 1,971
2018/19 Q4 1,287
2019/20 Q1 1,465
2019/20 Q2 1,335
2019/20 Q3 1,341
2019/20 Q4 1,329
2020/21 Q1 Removed
2020/21 Q2 443
2020/21 Q3 562
2020/21 Q4 591
2021/22 Q1 399
2021/22 Q2 518
2021/22 Q3 462
2021/22 Q4 292
2022/23 Q1 363
2022/23 Q2 513
2022/23 Q3 412
2022/23 Q4 199
Table 17 – Utility works awaiting registration of final site reinstatement details 
(Source: SRWR Report 16) 
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Utility company interim reinstatements 
Utility companies are permitted to use a temporary road surface (interim
reinstatement) to allow a road to be reopened to the travelling public. A permanent
road surface (permanent reinstatement) must be made within 6 months of the
temporary road surface being placed.
This indicator shows the number of interim reinstatements made permanent, against
the number of interim reinstatements overdue to be made permanent without
agreement from a roads authority at each quarter’s end. Interim reinstatements
should be made permanent within 6 months of completion of the interim phase of
works. If they are not made permanent in this time without the permission of the local
authority they are considered overdue.
The use of interim reinstatements should be minimised to avoid repeat visits and
excessive disruption to road users. 
Figure 16 – Utility company interim reinstatements as a number
(Source: SRWR Report 14 and report 18) 
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Period Interim reinstatements
overdue 
Interim reinstatements
made permanent
2018/19 Q1 628 1,302
2018/19 Q2 635 1,157
2018/19 Q3 672 1,695
2018/19 Q4 532 1,454
2019/20 Q1 512 1,654
2019/20 Q2 471 1,784
2019/20 Q3 465 1,782
2019/20 Q4 462 1,705
2020/21 Q1 820 2,044
2020/21 Q2 543 1,508
2020/21 Q3 555 1,981
2020/21 Q4 476 1,982
2021/22 Q1 392 1,888
2021/22 Q2 462 1,624
2021/22 Q3 456 2,426
2021/22 Q4 512 1,938
2022/23 Q1 514 1,636
2022/23 Q2 578 1,262
2022/23 Q3 679 1,273
2022/23 Q4 655 1,045
Table 18 – Utility company interim reinstatements 
(Source: SRWR Report 14 and report 18) 
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Sample inspections undertaken by roads authorities and utility
company failure rate
Sample inspections by the Roads Authorities are undertaken by the Roads
Authorities on a 30% randomly generated sample of utility company road works.
Inspections are carried out at various stages during the works and the reinstatement
guarantee period.
Utility companies are expected to regularly inspect their own works at all stages
throughout the works cycle, whilst the roads authorities carry out sample inspections
on an agreed percentage, relevant to their total work volume within that local
authority area. When a utility company fails in excess of 10% of their sample
inspections, under the Code of Practice for Inspections, a roads authority may
require a utility company to follow an improvement plan process. 
Inspections undertaken by Roads Authorities.
The roads authority are required to undertake 100% of the 3 sample inspections
categories (A, B & C) for each utility company. Sample Inspections carried out by
roads authorities are shown below:
Authority Inspections
Done
Sample
Size
Sample %
Done
Aberdeen City Council 1,328 1,305 101.8%
Aberdeenshire Council 921 927 99.4%
Angus Council 328 438 74.9%
Argyll & Bute Council 448 432 103.7%
City of Edinburgh Council 2,710 2,877 94.2%
Clackmannanshire Council 235 231 101.7%
Comhairle nan Eilean Siar 89 96 92.7%
Dumfries & Galloway Council 702 798 88.0%
Dundee City Council 736 741 99.3%
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Authority Inspections
Done
Sample
Size
Sample %
Done
East Ayrshire Council 549 615 89.3%
East Dunbartonshire Council 515 492 104.7%
East Lothian Council 581 567 102.5%
East Renfrewshire Council 498 534 93.3%
Falkirk Council 590 594 99.3%
Fife Council 1,326 1,470 90.2%
Glasgow City Council 3,034 2,967 102.3%
Highland Council 664 963 69.0%
Inverclyde Council 282 276 102.2%
Midlothian Council 438 447 98.0%
Moray Council 443 441 100.5%
North Ayrshire Council 521 525 99.2%
North Lanarkshire Council 1,341 1,347 99.6%
Orkney Islands Council 45 51 88.2%
Perth & Kinross Council 657 672 97.8%
Renfrewshire Council 965 1,149 84.0%
Scottish Borders Council 476 570 83.5%
Shetland Islands Council 29 30 96.7%
South Ayrshire Council 472 555 85.0%
South Lanarkshire Council 1,551 1,545 100.4%
Stirling Council 540 627 86.1%
Tay Road Bridge Joint Board N/A N/A N/A
Transport Scotland 337 471 71.5%
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Authority Inspections
Done
Sample
Size
Sample %
Done
West Dunbartonshire Council 279 300 93.0%
West Lothian Council 889 993 89.5%
Table 19 – Sample inspections undertaken by roads authorities in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics) 
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Figure 17 – Sample inspections undertaken by roads authorities in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics)
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Inspections Pass Rate for utility companies
Category A (10% sample) – Undertaken while works are in progress.
Inspections check that works are carried out safely and that signs, barriers, safety zones,
compaction, layer depth, etc., comply with Safety at Street Works and Road Works : A
Code of Practice and the Specification for the Reinstatement for Openings in Roads
(SROR). 
Type Organisation Passed Inspected Pass %
Electricity Energy Asset Networks 1 1 100.0%
Electricity Last Mile Electricity Ltd 10 14 71.4%
Electricity mua Electricity Ltd 2 2 100.0%
Electricity Scottish Hydro Electric Power
Distribution plc
166 176 94.3%
Electricity SP Energy Networks 870 971 89.6%
Gas Energy Asset Pipelines 7 8 87.5%
Gas ES Pipelines Ltd 2 2 100.0%
Gas GTC Pipelines Ltd 9 12 75.0%
Gas Indigo Pipelines  1 3 33.3%
Gas Last Mile Gas Ltd 4 4 100.0%
Gas National Gas 3 3 100.0%
Gas SGN 843 926 91.0%
Other Network Rail 16 16 100.0%
Telecoms Axione UK Ltd 11 14 78.6%
Telecoms BorderLink Broadband Ltd 4 5 80.0%
Telecoms Broadway Partners Ltd 0 1 0.0%
Telecoms BT 1,640 1,769 92.7%
Telecoms CityFibre 906 1,047 86.5%
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Type Organisation Passed Inspected Pass %
Telecoms Commsworld Ltd 3 3 100.0%
Telecoms EE 18 20 90.0%
Telecoms Hutchison 3G 1 1 100.0%
Telecoms Hyperoptic Ltd 7 9 77.8%
Telecoms InternetTY Ltd  1 1 100.0%
Telecoms Lothian Broadband 15 15 100.0%
Telecoms Neos Networks 2 2 100.0%
Telecoms Netomnia 11 15 73.4%
Telecoms Nexfibre Networks Ltd 4 4 100.0%
Telecoms Telefonica UK  11 11 100.0%
Telecoms Virgin Media Group 408 488  86.6%
Telecoms Vodafone Ltd 13 14 92.9%
Telecoms Zayo 1 1 100.0%
Water Scottish Water 2,046 2,189 93.5%
Table 20 –Category A sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics) 
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Figure 18 – Category A sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics)
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Category B (10% sample) – Undertaken within the six month period following
interim or permanent reinstatement.
Inspections check that works are completed to the proper standards. Checking for items,
such as edge depression, crowning, etc., in accordance with the SROR.
Type Organisation Passed Inspected Pass %
Electricity Energy Asset Networks 0 1 0.0%
Electricity Last Mile Electricity Ltd 5 9 55.6%
Electricity mua Electricity Ltd 1 3 33.3%
Electricity Scottish Hydro Electric Power
Distribution plc
172 176 97.7%
Electricity SP Energy Networks 916 965 94.9%
Gas Energy Asset Pipelines 5 9 55.6%
Gas ES Pipelines Ltd 2 2 100.0%
Gas Fulcrum Pipeline Ltd 3 4 75.0%
Gas GTC Pipelines Ltd 8 10 80.0%
Gas SGN 881 915 96.3%
Other Network Rail 16 16 100.0%
Telecoms Axione UK Ltd 5 5 100.0%
Telecoms BorderLink Broadband Ltd 3 3 100.0%
Telecoms Broadway Partners Ltd 0 1 0.0%
Telecoms BT 1,984 2,077 95.5%
Telecoms CityFibre 825 1,040 79.3%
Telecoms Commsworld Ltd 7 7 100.0%
Telecoms EE 34 43 79.1%
Telecoms Hyperoptic Ltd 19 24 79.2%
Telecoms Lothian Broadband 9 9 100.0%
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Type Organisation Passed Inspected Pass %
Telecoms Neos Networks 14 15 93.3%
Telecoms Netomnia 2 3 66.7%
Telecoms Telefonica UK  14 17 82.4%
Telecoms Verizon 2 2 100.0%
Telecoms Virgin Media Group 698 758 92.1%
Telecoms Vodafone Ltd 13 16 81.3%
Telecoms Zayo 1 1 100.0%
Water Scottish Water 2,173 2,251 96.5%
Table 21 – Category B sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics) 
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Figure 19 – Category B sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics)
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Category C (10% sample) – Undertaken within the three month period preceding
the end of the guarantee period.
Inspections again check that works are constructed to the proper standards in accordance
with the SROR. Greater focus is given to settlement, cracking and joint failure following
trafficking.
Type Organisation Passed Inspected Pass %
Electricity Last Mile Electricity Ltd 8 9 88.9%
Electricity Scottish Hydro Electric Power
Distribution plc
171 176 97.2%
Electricity SP Energy Networks 930 964 96.5%
Gas Energy Asset Pipelines 8 9 88.9%
Gas ES Pipelines Ltd 3 3 100.0%
Gas Fulcrum Pipeline Ltd 1 3 33.3%
Gas GTC Pipelines Ltd 10 10 100.0%
Gas SGN 891 909 98.0%
Other Network Rail 20 20 100.0%
Other Royal Mail 12 12 100.0%
Telecoms Arqiva 5 6 83.3%
Telecoms Axione UK Ltd 3 4 75.0%
Telecoms Broadway Partners Ltd 0 1 0.0%
Telecoms BT 2,020 2,093 96.5%
Telecoms Commsworld Ltd 7 7 100.0%
Telecoms CityFibre 882 1,129 78.1%
Telecoms Concept Solutions People Ltd 1 1 100.0%
Telecoms EE 40 43 93.0%
Telecoms Hyperoptic Ltd 22 24 91.7%
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Type Organisation Passed Inspected Pass %
Telecoms Lothian Broadband 3 5 60.0%
Telecoms Lumen Technologies UK Ltd 2 2 100.0%
Telecoms Neos Networks 26 26 100.0%
Telecoms Sky UK 0 1 0.0%
Telecoms Telefonica UK  11 16 68.8%
Telecoms Verizon 1 1 100.0%
Telecoms Virgin Media Group 725 767 94.5%
Telecoms Vodafone Ltd 14 18 77.8%
Telecoms Zayo 1 1 100.0%
Water Scottish Water 2,166 2,273 95.3%
Table 22 – Category C sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics) 
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96  
Figure 20 – Category C sample inspection pass rates undertaken by utility companies in 2022/23
(Source: SRWR Quarterly Inspection Report and SRWR Inspections Statistics)
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97
Substandard traffic management from inspection results
This indicator considers the number of substandard traffic management layouts recorded
during roads authority inspections of utility company road works. 
In addition to sample inspections, roads authorities also carry out inspections at their
discretion. These inspections include routine inspections, inspections relating to a
previously identified defect, inspections following a third party report and inspections
following notification of a defective reinstatement. This report shows the total number of
inspection results which failed, showing substandard traffic management as the reason for
failure. 
Figure 21 – Substandard traffic management from inspection results
(Source: SRWR Report 19)  
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Period Substandard TM 
2018/19 Q1 257
2018/19 Q2 216
2018/19 Q3 233
2018/19 Q4 316
2019/20 Q1 302
2019/20 Q2 209
2019/20 Q3 273
2019/20 Q4 246
2020/21 Q1 185
2020/21 Q2 297
2020/21 Q3 302
2020/21 Q4 270
2021/22 Q1 294
2021/22 Q2 220
2021/22 Q3 247
2021/22 Q4 311
2022/23 Q1 314
2022/23 Q2 350
2022/23 Q3 407
2022/23 Q4 290
Table 23 – Substandard traffic management from inspection results
(Source: SRWR Report 19) 
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Works registered with missing contact details
Organisations are required to provide contact details of the contractor carrying out road
works and details of the person registering the works on the Scottish Road Works Register
(SRWR).
Each road works notice recorded in the SRWR must include the originator name, the
originator telephone number, the contractor name and the contractor telephone number. At
the very latest, these four fields must be populated when works reach the “in progress”
phase. For example when an actual start notice is registered for a works. 
Contact details entered in the SRWR by roads authorities and utility companies undertaking
road works are expected to be accurate. This information is required for co-ordination and
co-operation.
Figure 22 – Roads authorities and utility companies works registered with missing contact details 
(Source: SRWR Report 24 and SRWR Report 9a) 
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Period Roads Authorities Utility Companies
2018/19 Q1 98 281
2018/19 Q2 69 222
2018/19 Q3 39 165
2018/19 Q4 52 74
2019/20 Q1 13 62
2019/20 Q2 23 91
2019/20 Q3 13 106
2019/20 Q4 6 152
2020/21 Q1 2 46
2020/21 Q2 41 80
2020/21 Q3 45 63
2020/21 Q4 17 141
2021/22 Q1 18 334
2021/22 Q2 26 60
2021/22 Q3 13 251
2021/22 Q4 26 720
2022/23 Q1 9 325
2022/23 Q2 9 82
2022/23 Q3 7 158
2022/23 Q4 19 444
Table 24 – Roads authorities and utility companies works registered with missing contact details
(Source: SRWR Report 24 and SRWR Report 9a) 
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101
Misuse of traffic management type “not yet known”
Organisations are required to provide details of traffic management layouts for each of their
road works sites. When registering an expected start date, it is not acceptable to record
“Not Yet Known” as the traffic management layout.
It is expected that the correct traffic management types are populated in the SRWR for all
road works. This information is used for co-ordination and displayed on the Scottish Road
Works Online site. Information must be as accurate as possible to highlight the impact and
severity of the works. 
When placing a 7 day notice (in advance of planned Substantial, Major and Standard
Works), a 24 hour notice (in advance of planned Remedial or Minor Works) or a 2 hour
notice (for Urgent and Emergency Works) it is not acceptable to describe the traffic
management which is planned to be used as “Not Yet Known”. As traffic management
types should always be known in advance of works the Commissioner considers it
unacceptable for this information to be missing. 
Figure 23 – Roads authorities and utility companies registering works with traffic management type
“not yet known” 
(Source: SRWR Report 24) 
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102
Period Roads Authorities Utility Companies
2018/19 Q1 113 65
2018/19 Q2 130 8
2018/19 Q3 93 7
2018/19 Q4 48 125
2019/20 Q1 17 38
2019/20 Q2 23 102
2019/20 Q3 8 14
2019/20 Q4 27 22
2020/21 Q1 2 50
2020/21 Q2 6 53
2020/21 Q3 7 37
2020/21 Q4 15 30
2021/22 Q1 19 23
2021/22 Q2 2 23
2021/22 Q3 6 45
2021/22 Q4 9 15
2022/23 Q1 13 8
2022/23 Q2 10 31
2022/23 Q3 24 10
2022/23 Q4 8 21
Table 25 – Roads authorities and utility companies registering works with traffic management type
“not yet known” 
(Source: SRWR Report 24) 
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Fixed Penalty Notices (FPNs) issued to utility companies
Fixed Penalty Notices (FPNs) are similar in nature to Parking Penalty Charge Notices.
Roads authorities are not required by legislation to issue FPNs. Where they are not issued,
generally authorities consider that the potential financial returns would not cover the cost of
administration. 
However, the benefit is improved utility company compliance with road works legislation
which may provide them with time and cost savings elsewhere 
Figure 24 – Actual and potential fixed penalty notices (FPNs) issued to utility companies as a
percentage of actual starts 
(Source: SRWR Report 1 and SRWR Report 9a)  
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Period Actual FPNs % Potential FPNs %
2018/19 Q1 3.3% 6.5%
2018/19 Q2 3.4% 5.0%
2018/19 Q3 2.8% 5.5%
2018/19 Q4 2.6% 4.4%
2019/20 Q1 2.1% 4.4%
2019/20 Q2 2.1% 4.6%
2019/20 Q3 2.2% 5.3%
2019/20 Q4 2.3% 4.7%
2020/21 Q1 1.7% 5.2%
2020/21 Q2 1.3% 6.5%
2020/21 Q3 3.0% 6.7%
2020/21 Q4 2.1% 5.2%
2021/22 Q1 2.6% 7.0%
2021/22 Q2 3.6% 5.9%
2021/22 Q3 2.9% 7.2%
2021/22 Q4 3.0% 6.6%
2022/23 Q1 2.3% 5.6%
2022/23 Q2 2.7% 6.0%
2022/23 Q3 2.8% 5.5%
2022/23 Q4 2.4% 5.3%
Table 26 – Actual and potential fixed penalty notices (FPNs) issued to utility companies as a
percentage of actual starts (Source: SRWR Report 1 and SRWR Report 9a)
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105 
Figure 25 – Fixed penalty notices (FPNs) issued by roads authorities
(Source: SRWR Report 1)
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106 
Roads Authority 2018/19 2019/20 2020/21 2021/22 2022/23
Aberdeen City Council 198 260 26 313 295
Aberdeenshire Council 76 32 33 31 38
Angus Council 0 0 0 0 0
Argyll & Bute Council 51 58 137 169 218
City of Edinburgh Council 563 456 517 796 491
Clackmannanshire Council 0 0 0 0 17
Comhairle nan Eilean Siar 0 0 0 0 0
Dumfries & Galloway Council 0 0 0 0 0
Dundee City Council 0 0 0 0 0
East Ayrshire Council 52 8 0 0 0
East Dunbartonshire Council 4 3 15 37 8
East Lothian Council 30 73 191 182 468
East Renfrewshire Council 2 11 0 9 3
Falkirk Council 0 0 0 0 0
Fife Council 43 50 0 0 0
Glasgow City Council 300 46 0 0 1
Highland Council 69 66 37 83 68
Inverclyde Council 38 16 0 11 20
Midlothian Council 70 110 55 80 150
Moray Council 0 0 0 0 0
North Ayrshire Council 147 56 30 98 83
North Lanarkshire Council 199 95 167 302 236
Orkney Islands Council 0 1 0 0 0
Perth & Kinross Council 0 0 0 0 0
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107
Roads Authority 2018/19 2019/20 2020/21 2021/22 2022/23
Renfrewshire Council 8 29 0 0 0
Scottish Borders Council 88 98 73 53 21
Shetland Islands Council 0 0 0 0 0
South Ayrshire Council 26 3 0 0 0
South Lanarkshire Council 465 255 258 485 366
Stirling Council 104 89 44 62 34
Transport Scotland 47 51 21 13 26
West Dunbartonshire Council 0 0 13 11 10
West Lothian Council 285 171 262 266 164
Table 27 – Fixed penalty notices (FPNs) issued by roads authorities
(Source: SRWR Report 1)  
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108
Undue delay (S125) notices issued by roads authorities and received by
utility companies
When a utility company unduly delays completion of their road works, a roads authority has
the power, under section 125 of the New Roads and Street Works Act 1991 (NRSWA), to
serve an undue delay direction on the utility, directing that the works are completed within a
specified time. 
Figure 26 – Undue delay (s125) notices issued by roads authorities 
(Source: SRWR Report 17e) 
Roads Authority 2018/19 2019/20 2020/21 2021/22 2022/23
Aberdeen City Council 15 22 23 23 14
Aberdeenshire Council 1 0 0 0 0
Angus Council 3 0 0 1 1
Argyll & Bute Council 0 1 0 1 2
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109
Roads Authority 2018/19 2019/20 2020/21 2021/22 2022/23
City of Edinburgh Council 0 9 2 5 18
Clackmannanshire Council 12 9 3 7 5
Comhairle nan Eilean Siar 0 0 0 0 0
Dumfries & Galloway Council 4 4 3 7 1
Dundee City Council 0 0 0 0 0
East Ayrshire Council 4 0 0 1 2
East Dunbartonshire Council 0 0 0 0 0
East Lothian Council 10 0 1 1 159
East Renfrewshire Council 0 0 0 0 0
Falkirk Council 0 0 14 9 13
Fife Council 1 0 0 0 19
Glasgow City Council 2 0 6 2 1
Highland Council 0 0 0 0 0
Inverclyde Council 0 0 0 0 0
Midlothian Council 6 3 9 15 114
Moray Council 0 0 0 0 0
North Ayrshire Council 0 0 0 0 0
North Lanarkshire Council 0 0 0 3 6
Orkney Islands Council 0 0 0 0 0
Perth & Kinross Council 33 50 42 13 11
Renfrewshire Council 0 0 0 0 0
Scottish Borders Council 0 0 0 0 23
Shetland Islands Council 0 0 0 0 0
South Ayrshire Council 0 0 0 0 0
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110
Roads Authority 2018/19 2019/20 2020/21 2021/22 2022/23
South Lanarkshire Council 14 3 3 11 0
Stirling Council 1 2 0 0 2
Transport Scotland 0 0 0 0 0
West Dunbartonshire Council 0 0 0 0 0
West Lothian Council 3 1 1 3 3
Table 28 - Undue delay (s125) notices issued by roads authorities 
(Source: SRWR Report 17e) 
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Roads authority works registered per 100km 
Prior to enactment of the Transport (Scotland) Act 2005, only utility companies were
required to register their qualifying road works in the Scottish Road Works Register
(SRWR).
Since 2005, roads authorities have also been required to register their qualifying works,
however, their performance remains inconsistent and in need of further scrutiny. 
This indicator compares roads authority works registered against others with a similar
demographic make-up.
This indicator scrutinises the number of road works registered on the SRWR by council
roads authorities, Transport Scotland trunk road operating companies and Transport
Scotland trunk road DBFO companies across Scotland. 
Note: Transport Scotland data has been removed for clarity.
Figure 27 – Works per 100km for authorities in each SCOTS group, showing the high, mean and low
values for each group (2022/23). 
(Source: SRWR Report Works per 100km)
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112
Road works registered are influenced by many factors such as geographic location, political
priorities, population, weather, available resources (numbers of operatives), structural and
routine budgets, road network lengths, etc. For example, islands and rural authorities
register fewer road works than urban authorities. Consequently, for reporting purposes,
authorities and transport Scotland operators are grouped with peer organisations and any
view on their performance is relative. 
Organisation 2018/19 2019/20 2020/21 2021/22 2022/23
Island Group 30.8 31.0 16.6 21.0 17.0
Rural 24.9 23.9 15.1 24.9 27.7
Semi-urban Group 63.5 55.8 39.1 54.1 56.8
Urban Group 92.3 103.2 73.1 88.7 91.9
City 74.0 65.3 52.3 75.1 66.0
Transport Scotland 287.0 327.1 314.0 347.0 474.2
Table 29 – Mean value of works per 100 km for authorities in each SCOTS group and Transport
Scotland
(Source: SRWR Report Works per 100 km) 
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Page 261

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Page 262

Contact Details
You can phone us on 0131 244 9936 
You can email us at enquiries@roadworks.scot 
Our website is https://roadworks.scot
You can contact us by post at:
Scottish Road Works Commissioner 
E Spur 
Saughton House 
Broomhouse Drive 
Edinburgh EH11 3XD 
Other Formats
The Commissioner is committed to making services, policies and guidance available to
everyone. This document may be available in other formats. Please contact us if you wish
to discuss this matter.
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Midlothian Council
Tuesday 19 December 2023
Item No 8.7 
Waste & Recycling Service Standards 
Report by Kevin Anderson, Executive Director Place 
Report for Decision 
1 Recommendations 
Council is recommended to approve the: 
i. adoption of the proposed Waste Service Standards and Waste
Service Policies; and 
ii. acceptance of £2.2m grant funding offered by the Scottish
Government’s Recycling Improvement Fund, administered by
Zero Waste Scotland. 
2 Purpose of Report/Executive Summary 
The Household Recycling Charter and the accompanying Code of
Practice set out several requirements that signatories are expected to
follow. These include a recommendation that Councils develop and
introduce policies relating to the presentation and collection of waste to
ensure that operations are delivered safely, effectively and efficiently.
This report sets out service standards for existing operations. 
Zero Waste Scotland, having offered a grant of £2.2m, will provide a
significant capital injection to effect service and transformational
change in relation to recycling.  The required service changes and
ongoing transformation are set out in the report. 
Date:    17 November 2023
Report Contact:  Derek Oliver, Chief Officer Place
Email:   Derek.Oliver@midlothian.gov.uk 
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2 
3 Background 
3.1 Current domestic waste & recycling collections 
The collection of waste and recycling from households is a statutory
requirement set out in the Environmental Protection Act (1990) and
Waste (Scotland) Regulations 2012. 
Kerbside collections are one of the few Council services that all
residents receive every week with the service carrying out over 5.8M
individual waste and recycling collections each year as detailed in
Table1 and Figure 1 below. 
Material / Container Number of
properties
Collections per
year Total collections per year
Residual / Grey 43,739 26 1,137,214
Recycling / Blue  43,739 26 1,137,214
Glass / Red 43,739 26 1,137,214
Food / Silver 39,775 52 2,068,300
Garden / Brown 18,360 18 330,480    
Total 5,810,422
Table 1 – annual waste and recycling collection numbers (note - household numbers
correct as at 1 April 2023)
Customers access Waste & Recycling Services channels through the
Contact Centre, online web forms, social media and direct email to
recycling@midlothian.gov.uk to make requests for service delivery. 
Figure 1 Domestic collection service 
Current webforms are in place for customers to request:
• New / replacement bins
• Street cleansing which includes:
o Report litter bin needs emptied
o Report street needs swept
o Report dead animals
o Request hazardous waste removal
• An assisted collection service (“pull out of waste bins”)
• A larger grey residual waste bin. 
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3
Customers can also use the online forms to request a bulky waste
collection, report a missed bin, sign-up and pay for the garden waste
collection service and to suggest locations for new litter bins.
Over the past three years, Waste & Recycling Services has worked with
the Digital Transformation Team to re-design existing web forms for
integration with the new Granicus Customer Relationship Management
(CRM) system. Progress is updated regularly to the Digital
Transformation Board. Integration with the Granicus/CRM platform
allows the Contact Centre to see progress against a Service Request
and allows customers to receive email feedback when their Service
Request has been completed.
Waste & Recycling Services propose to further develop digital
transformation of the service with the provision of hand-held tablets for
staff to record actions against a service request in real time.
Photographs can also be taken and recorded on the system. 
3.2 Other Services 
Alongside kerbside collections of waste, the service operates two
household waste recycling centres (HWRC): one at Stobhill,
Newtongrange and the other at Bellman’s Road, Penicuik. The centres
are open seven days per week and on average there are 450 daily
visits to Stobhill HWRC. 
The service also:
• collects illegally dumped materials (fly tipping)
• sweeps the streets and collects dropped litter
• empties a range of bins including litter/dog bins
• cleans vacated council houses (voids)
• uplifts litter collected by local volunteer community groups
• collects trade waste from local businesses
• cleans graffiti in the public realm
• removes chewing gum
• uplifts dead animals 
• operates chargeable kerbside bulky waste collection and garden
waste collection services
Details on where waste materials collected in Midlothian currently go
for processing is included in Appendix C. 
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4
4 Waste & Recycling Service Standards 
The Household Recycling Charter and the accompanying Code of
Practice set out several requirements that signatories are expected to
follow. These include a recommendation that Councils develop and
introduce policies relating to the presentation and collection of waste to
ensure:
• we operate our services so staff are kept safe
• we deliver effective and efficient collection services on behalf of
our communities 
Developing and publishing policies can help ensure services operate
transparently and fairly, encourage householder participation, maximise
the quality and quantity of materials collected for recycling and improve
operational efficiencies. 
Setting and monitoring these Standards will help us better
communicate with customers when complaints arise as both sides will
have a clear understanding of the levels of service expected. 
The Standards will also work to ensure that households present waste
in a way that reduces risk to collection crews. 
4.1 Policy for Missed Bins 
On occasion, collections will not take place as expected, for example
because of parked vehicles blocking access to streets, human error or
adverse weather.   
Although the number of missed collection complaints are low at around
0.05% of all collections (or an average of around 57 of a total of
111,738 collections per week) it is appreciated the inconvenience
caused and the service is seeking to reduce these numbers. 
Year  Complaints of missed bins or bins not
emptied properly.
Complaints as % of overall collections 
2018 2,789 0.05%
2019 2,963 0.05%
2020 4,122 0.07% 
It is important therefore, that Service Standards and operating 
procedures are put in place to deal with missed collections effectively.
The proposed Policy defines the circumstances that would determine if
a bin has not been emptied as expected due to a service failure, or
because of circumstances out with the Council’s control, and the
measures to be taken to return to empty a missed bin. 
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Proposed Missed Collection Policy 
RECYCLING AND WASTE COLLECTION SERVICE – MISSED COLLECTION POLICY 
Summary 
This policy sets out the steps Waste Services will take in responding to reports of missed waste/recycling
collections. 
Purpose of Policy 
• To define the criteria for a missed collection
• To detail how non collection of waste/recycling containers will be managed
Definitions 
A customer’s waste/recycling container may not be emptied as expected on a scheduled collection day for
a number of reasons. 
Midlothian Council appreciates that on occasion our waste/recycling collection staff may fail to empty a
bin/container. This would be deemed a “missed collection”. A “missed collection” is defined as a container
that has not been uplifted by 3:00pm on its scheduled collection day, where: 
• the bin was out for collection by 6:30am
• the bin was presented in the designated collection point
• access to the bin was not blocked by roadworks
• access to the bin was not blocked by poorly parked cars or other vehicles
• the bin lid was fully closed
• the bin is not broken or damaged
• the bin contained the correct materials
• the bin was not overweight 
A “non-collection” or a failed collection will occur when a bin is not emptied due to reasons outwith the
Council’s control. Examples include:
• Container not presented in time for the collection
• Local access issues (e.g., not being able to undertake an assisted collection due to a locked gate)
• Excess waste presented / unauthorised additional bin
• Overfull or overweight bins
• Incorrect materials identified within the bin. 
An “overfilled bin” is a bin containing waste where the lid cannot easily be fully closed by exerting gentle
pressure by hand.
An “overweight bin” is any 2 wheeled bin that be safely moved by a single crew member to the point of
collection and/or is deemed by the Driver/Team Leader to be too heavy to be safely lifted by the
mechanical lifting mechanism on the collection vehicle. 
Missed collections
All missed collections must be reported by 5:00pm on the next working day following the scheduled
waste/recycling collection.
Where a missed collection of residual waste, garden waste or paper, plastic, metal and carton recycling
has occurred, in normal circumstances a collection crew will return to empty a bin within 5 working days.
Customers must leave their bin at the kerbside / designated collection point to allow it to be emptied.
Where a missed collection of food waste or glass has occurred, it will be noted but collection crews will not
return until the next scheduled collection. Glass is an inert material and there are no Health and Safety
implications associated with storing it for an extended period. Food waste is collected weekly, and if
absolutely necessary, can be placed in a grey bin for disposal. 
Non-collection: individual properties
Driver/Team Leaders will capture and report information on service issues specific to an individual
property which may have prevented collection from taking place as scheduled. This will be reported at the
end of the shift to a Waste Supervisor who will communicate the issue to the Customer Contact Centre.
Examples include:
• Bin not out at the time of collection
• Overfilled or overweight bins
• Bin contained incorrect materials.
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In these cases, Midlothian Council will not return to empty the container until the bin’s next scheduled
collection date and the customer should make alternative arrangements for the disposal of their
waste/recycling as required. 
It is anticipated that the introduction of a Digital Depot will allow Driver/Team Leaders to report issues to
Waste Supervisors and the Contact Centre in real time.
Non-collection: groups of properties
Driver/Team Leaders will capture and report information on service issues specific to a group of properties
which may have prevented collection from taking place as scheduled. This will be reported at the end of
the shift to a Waste Supervisor who will communicate the issue to the Customer Contact Centre.
Examples include:
• Access issues due to roadworks or parked vehicles
In such cases, Midlothian Council will plan to return to empty containers within 5 working days. Customers
must leave their container at the kerbside / designated collection point to allow it to be emptied. 
It is anticipated that the introduction of a Digital Depot will allow Driver/Team Leaders to report issues to
Waste Supervisors and the Contact Centre, and therefore to customers in real time. 
Service Standards
Steps will be taken to differentiate between genuine missed collections and non-collection due to other
issues. 
For example, the vehicle tracking system will be checked and if the collection vehicle can be seen in the
street, proceeding at a collection pace, it will be assumed that any reported missed bins were not
presented appropriately and are instead non-collections. 
Bin tags will be used to communicate to customers the reasons for non-collection in the event of
overweight/overfilled bins or bins containing incorrect materials. 
Assisted Collections
To facilitate collection, customers on the Assisted Collection service are required to ensure their containers are
easily accessible to our staff on their scheduled collection day – e.g.: not blocked by cars or left behind locked
gates. 
4.2 Policy for excess or side waste 
Current safe operating procedures state that bins must be presented
for collection with the lid fully closed, and that excess bags or “side
waste” will not be collected. Waste & Recycling Services propose to
formalise this procedure to:
• reduce the environmental and cost impacts of collecting excess
waste
• address safety concern relating to: 
- manual handling
- risk from sharps in uncontained waste 
- the safe operation of wheeled bins on comb-lifters upon
vehicles
• define an overfilled bin and an overweight bin. 
Further information on excess waste is included in the proposed
illustrative Service Standards in Appendix B. 
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4.3 Criteria for additional residual waste capacity 
It is recognised that there will be some household circumstances which
lead to the generation of additional non-recyclable waste. 
The proposed policy is designed to fairly assess requests for additional
waste capacity, act as a deterrent to abuse of the policy and help
ensure households fully utilise all recycling collection services available
to them. 
RECYCLING AND WASTE COLLECTION SERVICE
POLICY FOR THE PROVISION OF ADDITIONAL WASTE CAPACITY 
Summary 
This document outlines the policy for households in Midlothian who may need additional waste capacity for the
disposal of their non-recyclable household waste. 
Purpose of Policy 
• To establish a criteria for the provision of additional residual waste capacity
• To detail how applications for additional waste capacity will be managed 
Considerations 
For householders using the wheeled bin service the Council’s current standard service provision for general waste
is:
• 1 x 240 litre wheeled bin emptied once a fortnight. 
Only bins provided by the Council will be emptied. 
The waste hierarchy places waste prevention before reuse and recycling. 
This policy considers the Climate Emergency and aims to encourage residents to adopt lifestyle choices which
meet our ambitions to reduce waste and increase recycling. 
Even after adopting waste minimisation practices, reusing waste and separating all items for recycling, a standard
wheeled bin may not provide adequate capacity for some households to dispose of their residual waste. 
Eligibility for additional waste capacity 
Larger wheeled bins for the collection of non-recyclable waste can be made available if there has been a recent
change in a household’s circumstances and:
• It is required for the disposal of medical waste. Medical waste includes used dressings, stoma or
catheter bags, incontinence pads and PPE such as plastic aprons or gloves used by personal care
providers.
• Six or more people permanently live in the home 
• Five people including one child using disposable nappies permanently live in the home
• Two children using disposable nappies permanently live in the home
and extra capacity is required for the disposal of household waste that cannot easily be recycled. 
Evidence of the above may need to be provided in support of an application.
Permanent residents are those who live in the property on a day to day basis. It does not include minded
children, family members attending higher education for part of the year, children staying under a split
parental access arrangement or family members visiting on holiday.
Households must make full use of all the recycling collection services provided by Midlothian Council both
before and after additional waste provision is made. 
No provision is made for the disposal of animal waste unless required for an accredited service / assistance
animal.
The initial provision will last for a period of three years from the date of approval.
Application Process 
Households who believe they meet the eligibility criteria above, can apply for a larger bin. 
Application forms will be sent to the Community Waste Officer for review. 
• If the household meets the household size criteria, they will receive a larger bin
• If the household meets the medical need criteria, they will receive a larger bin
• Households of 8 or more permanent residents will receive an individual assessment to determine the
waste capacity required
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Residents will be notified of a decision within 10 working days from the date of application. 
Successful applicants will have their standard sized bin replaced with one of a larger size along with a bin sticker
highlighting to the collection crew that provision of the larger bin has been authorised. 
Renewing and cancelling additional waste provision
Households provided with larger bins will be contacted every three years to confirm they continue to meet to
the eligibility requirements – the letter will explain how this is to be done. The householder must respond
within 28 days from the date of the letter. 
If the householder responds within 28 days and declares that the larger bin is still required and they still meet
the criteria, the larger bin will authorised to be collected for another 3 years. If the householder does not
respond within 28 days, the larger bin will be replaced with a standard sized bin. 
Householders who no longer need additional waste capacity can advise Midlothian Council by completing a
form on our website. 
Terms and Conditions 
Each application will be assessed individually but Midlothian Council reserves the right to refuse or withdraw the
service at any time if any of the following apply:
• The application does not meet our eligibility criteria. Midlothian Council reserve the right to request
documentary proof of eligibility.
• Midlothian Council identifies that there has been a change in circumstances resulting in the household no
longer meeting the eligibility requirements. These householders will be contacted before removal.
As provision of the larger bin is conditional on the household undertaking recycling activities, random assessments will
be ongoing. If at any time, items easily separated for recycling are found in the larger bin, it will be removed and a
replaced with a bin of a standard size. 
Unauthorised second/ additional bins 
Any larger bin will only be emptied if it has been authorised and supplied under the terms of this policy. 
Where it has been identified or is suspected that a householder has an unauthorised larger bin or is presenting
additional bins for collection, the following action will be taken: 
• Household will be notified that their bin/s appears to be unauthorised
• Household will be asked to contact the Community Waste Officer to discuss whether they meet the criteria
for a larger bin
• If the householder does not make contact within 20 working days or does not meet the criteria, they will be
notified that the unauthorised larger bin or other additional waste will be removed
• Additional bin will be uplifted / unauthorised larger bin will be removed and replaced with a bin of a standard
size. 
Appeal Process 
Should residents wish to appeal against a decision to provide a larger bin, they may do so within 10 working days
of being told of the decision by either email or letter. 
Email: recycling@midlothian.gov.uk
Write to us at: Waste Services, Stobhill Depot, Newtongrange, EH22 4NU.   
The letter should fully state the reason for the appeal, making direct reference to the eligibility criteria and
providing suitable evidence to support claim. 
Assisted Collections 
Householders who are unable to present their wheeled bins at the kerbside for collection, and who have applied
and been granted an assisted collection, will be entitled to a continued assisted collection service of the larger bin. 
Data Protection 
The personal information provided as part of the application will be managed in accordance with the requirements
of the General Data Protection Regulation (the ‘GDPR').
It will be treated as confidential and will be held for the purposes of assessing and processing a request for a
larger bin and monitoring the provision of additional waste capacity. 
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4.4 Assisted collections 
Assisted collections are available for householders unable to present
their waste containers at their designated collection point themselves.
When offering assisted collections, Waste & Recycling Services will
identify a suitable alternative collection point within the boundary of the
householder’s property. 
The proposed policy is designed to fairly assess requests for an
assisted collection service whilst maintaining operational efficiency in
collecting and returning customer’s bins. 
WASTE COLLECTION SERVICE
–  POLICY FOR THE PROVISION OF AN ASSISTED COLLECTION 
Summary 
This document outlines the policy for residents in Midlothian who may need assistance in presenting their wheeled
bins and recycling containers for collection. 
Purpose of Policy 
• To establish a criteria for the provision of an assisted collection service
• To detail how applications will be managed 
Considerations 
The assisted collection service is available to residents who need help to move their wheeled bins or recycling
containers to the edge of their property for collection. 
Eligibility 
Assistance is available for any residential property where none of the occupants can move their wheeled bins or
recycling containers to the edge of their property for collection. Typically this will be due to the occupants’ illness,
infirmity or disability. 
To apply for this service residents must:
• permanently live at the property
• have no other person living at the property (aged 12 or over) who could place the bins out for collection
on their behalf 
Evidence of the above may need to be provided in support of an application. 
Application process 
Residents (or their representatives), who believe they, and everyone living at your property, meet the eligibility
criteria above, can ask for assistance by completing the Assisted Collections Request webform. 
Applications can only be made on a resident’s behalf by a nominated representative. 
Residents unable to complete the online firm should call our Contact Centre (0131 561 5284). 
Completed forms will be sent to Waste Services for review. 
Residents meeting the criteria above will be deemed eligible for an assisted collection and will receive a letter
detailing the date the service will apply. 
Residents will be notified in writing of a decision within 10 working days from the date of application. 
Renewing and cancelling assistance 
In cases of permanent disability or infirmity, once a resident starts to receive assistance this will not stop until the
resident passes away, or moves into residential or nursing care, or equivalent. 
In cases of temporary disability (e.g., a broken leg / following an operation) the assistance will be offered for 12
weeks. 
Residents (or their representatives) can advise us at any time that the assisted collection is no longer required by
completing the form on our website (as above). This is especially relevant in cases where the infirmity or disability
was temporary and has now improved. 
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Terms and Conditions 
A suitable collection point will be agreed between the customer and Waste Services.
This collection point must be a maximum distance of 10 metres from the boundary (eg: gate or driveway) of the
property. 
The path from the bin to the collection vehicle must be hard standing, free of weeds or other vegetation with no
obstacles to prevent access or unrestricted movement of the bin.
To facilitate collection, residents are required to ensure their containers are easily accessible to our staff on
collection day – e.g.: not blocked by cars or left behind locked gates.
During a period of adverse weather, it may not be safe for collection crews to walk on untreated icy paths. In such
cases, we will resume collection once conditions improve.
Where operational difficulties, including health and safety issues, will be incurred when offering an assisted
collection, residents may be offered an alternative collection method, collection frequency or collection day from
the standard service. For example, residents may be required to change the place they keep their bins to allow us
to offer this service e.g.: from the back garden to the front garden or closer to the gate.
We accept no liability for loss or damage to plants, landscaping or ornaments, unless collection crews can be
shown to have acted in an unreasonable manner.
Collection crews are not authorised to enter a resident’s home.
Customers must inform the Council of any changes in circumstances that means the requirements for an assisted
collection are no longer met. This includes someone over the age of 12 who can assist with bin presentation
moving into the property. 
The Council will assess each application individually but reserves the right to refuse or withdraw the service at any
time if any of the following apply:
• The application does not meet our eligibility criteria.
• Midlothian Council identifies that there has been a change in circumstances resulting in the resident, or their
household, no longer meeting the eligibility requirements.
• Customers are abusive, or otherwise threatening, towards waste collection staff. 
Collections 
Assistance will be given, if required, for all the regular collection services provided: household rubbish collections,
recycling collections and if applicable, garden waste collections. 
On the collection day the crew will collect and empty the wheeled bins and recycling containers from an agreed
place within the boundary of the property and will return them to the same place. 
The Council maintains an overall list of all households requiring assisted collections. This list is regularly updated
to ensure crews have accurate information at their disposal to enable them to undertake the appropriate
collections. To undertake these updates, the Council may contact residents periodically in order to ascertain their
ongoing requirement for the service. 
Appeal Process
Should residents wish to appeal against a decision to provide an assisted collection, they may do so within 10
working days of being told of the decision by either email or letter. 
Email: recycling@midlothian.gov.uk
Write to us at: Waste Services, Stobhill Depot, Newtongrange, EH22 4NU.   
The letter should fully state the reason for the appeal, making direct reference to the eligibility criteria and
providing suitable evidence to support claim. 
Data Protection
The personal information provided as part of the application will be managed in accordance with the requirements
of the General Data Protection Regulation (the ‘GDPR').
It will be treated as confidential and will be held for the purposes of assessing and processing a request for an
assisted collection and delivering this service.
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4.5 New / replacement containers
When containers for waste and recycling are lost, broken or stolen, it is
important that these are replaced timeously to provide continuity of
service and maintain participation in services. 
It should be noted that collection crews are not generally able to report
wheeled bins “lost in the “back of the truck” on collection day, as, by the
nature of being “lost”, it is no longer possible to see the house
name/number on the bin to identify to which property it belonged. 
As such, customers remain responsible for reporting loss of damage to
their own bins. 
4.6     Policy for non-standard / road end collections 
In rural areas or where there are private roads or inaccessible lanes or
streets, waste collection issues can arise from:
•  Operational efficiency e.g., excess travel to service single or
small numbers of properties
•  Liability e.g., the risk of damage to non-council-maintained
property / roads
•  Health & Safety e.g., accessing roads / locations which may
present an operational risk due to road condition or other reason
•  Access e.g., restricted access for vehicles or crews which may
include width, turning areas, weight limits. This includes access
due to inconsiderately parked vehicles on bin collection days. 
It is proposed that Waste & Recycling Services implement practices to
address these issues. This includes providing planning advice to
developers to prevent the building of new developments or re-
developments that cannot comply with existing service delivery, and
liaison with Road Services regarding the provision of double yellow
lines and parking enforcement. 
RECYCLING AND WASTE COLLECTION SERVICE
NON-STANDARD WASTE COLLECTION POLICY 
Summary 
This policy sets out how Midlothian Council will collect waste/recycling from accessible rural properties, those
accessed via private roads or tracks and/or difficult access properties. 
Purpose of Policy 
To establish the criteria for collecting waste and recycling containers from:
• properties accessed via un-adopted roads. ‘Un-adopted’ roads are those roads not maintained by a
highway authority as defined by Highways Act 1980.
• properties in remote rural and accessible rural areas
• properties with difficult access due to the design of the properties or road 
• properties with difficult access due to conditions (eg: overgrown
vegetation) 
• roads and properties with ongoing access issues inconsiderately parked vehicles on bin collection days. 
Considerations 
The Environmental Protection Act 1990 (EPA) places a duty upon local authorities, as the Waste Collection
Authority, to collect household waste within in its area. The EPA allows the local authority to specify where
receptacles should be placed for collection and most household waste is collected from the nearest adopted road. 
Currently waste collection vehicles are required to travel along un-adopted/private roads and tracks. In some
cases, these are in poor condition. Consequently, access can be time consuming and potentially hazardous with a
risk of conflict with livestock or farm vehicles.
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Travelling on un-adopted/private roads in very poor condition also drastically reduces vehicle fuel efficiency and
results in substantially higher vehicle repair and maintenance costs. The cost of repairs, the associated downtime
also impacts negatively on service provision. 
Attempting to return numerous times to collect bins unable to be emptied due to access issues caused by
inconsiderately parked vehicles on bin collection days impacts service delivery, route efficiency and is
inconvenient to the residents impacted. 
Criteria for implementing non-standard collections 
Properties will be provide with the standard (kerbside collection) service where possible. 
Road end collections points will be established where un-adopted/private roads display all or any of the following
characteristics: 
• The road surface is in a poor state of repair and/or is not asphalt (or a similar bound surface);
• There are health and safety risks to waste collection vehicles and staff arising from road conditions such as
adverse cambers, poor visibility at bends, risk of flooding, unprotected steep embankments; and long-term
health risk to the crews e.g., resulting from frequent exposure to whole-body vibration;
• The road is less than 3 metres in width and/or has obstruction from trees, shrubs, cables, etc. which could
cause damage to the side of the vehicle or mirrors; the minimum height clearance is less than 3.75 metres
and/or has obstruction from overhanging branches, cables etc. which could cause damage to the lighting on
the roof of the vehicle
• There is not sufficient turning area to allow a 10.5 metre long vehicle to turn in no more than three
manoeuvres
• Where collection vehicles are travelling for distances greater than 1 km to collect bins from fewer than six
households. 
Road end collection points will be established on adopted roads where: 
• Instances of inconsiderately parked vehicles blocking refuse collection vehicle access on bin collection days
occur more than six times out of ten in a collection cycle.
• Household communications measures (lamppost signage, informational postcards on offending vehicles,
letters to all residents etc) have no effect on improving access.
• The view of Road Services is that the road is not suitable for double yellow lines and associated parking
enforcement. 
Implementation 
Private/un-adopted roads
In cases where the road does not meet the required standards, as assessed by a Council Officer, residents will be
required to place their bin on the pavement or verge of the nearest adopted road to their property. 
Where main roads are adopted, Council has responsibility for the management of road verges and can use these
for the establishment of road end collection points. 
Where multiple containers are required to be placed at a road end for collection, residents must ensure that these
are placed off the road and are not obstructing the pavement or footpath. 
Waste Services will consult with local residents and landowners on a case-by case basis with Roads Services
consulted on appropriate locations for road end collection points. 
Adopted roads
In cases where access is prevented, residents will be required to present their bin for collection on the pavement
of the nearest adopted road to their property to which waste collection vehicles have unrestricted access.
Residents will be expected to retrieve and return the bin to within the boundary of their own property following
collection. 
Assisted Collections 
Householders who have applied for and been granted an assisted collection, will be entitled to a continued
collection from their property. 
This may mean an alternative collection method, collection frequency or collection day from the standard service. 
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5.  Proposed Service Standards for Household Waste
The service you can expect from us:
5.1 We will provide you with clear information on the kerbside waste and
recycling collection services offered by Midlothian Council. This
information will be made available on our website
(midlothian.gov.uk/recycling) with printed information leaflets available
on request. 
5.2 We will provide bins/containers for the kerbside collection of
waste/recycling. At the present time: 
Individual households are provided with: 
• 1 x 240L grey bin for the kerbside collection of non-recyclable waste
• 1 x 360L blue bin for the kerbside collection of mixed dry recycling
• 1 x kerbside box for the kerbside collection of glass bottles and jars
• 1 x 5L internal caddy and 1 x 23L external caddy for the collection
of food waste (urban areas only)
• 240L brown bins are provided to customers who subscribe to the
chargeable kerbside garden waste collection service. 
Communal bins
• Where shared bins are introduced for communal collections of
waste/recycling, we will provide a minimum of 120 litres capacity
per property for general rubbish each fortnight and the equivalent
amount for recycling. 
Black sack collections
• Where, due to access, issues a property cannot be serviced by a
refuse collection vehicle, households will be provided with a black
refuse sack collection service. 104 refuse sacks (2 per week) will
be provided free-of-charge to applicable properties per annum. 
All bins remain the property of the council. 
5.3 We will only empty bins provided by Midlothian Council. This is to ensure
that the containers are compatible with the lifting equipment on the
refuse collection vehicles and to meet relevant health and safety
standards. 
5.4 We will provide a calendar of the uplift days in your area. This
information will be made available on our website
(midlothian.gov.uk/recycling). Hard copies of calendars can be made
available free-of-charge by the print services available in the Library
Service and are available on request to those unable to access a local
library. 
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5.5 In normal circumstances, we will endeavour to collect your
waste/recycling on your scheduled collection day. Our Service operates
Monday to Friday between the hours of 06:30am and 15:00. Collection
days will remain unchanged on all bank holidays except 25 and 26
December and 01 and 02 January. We will only deviate from this in
exceptional circumstances outside our control, for example as a result of
extreme weather events or industrial action. 
5.6 We will collect your containers from your designated collection point.
Unless otherwise agreed, the designated collection point is at the
kerbside, adjacent to the front boundary of your property where the
container can be easily seen from the road and can be presented in this
location without causing an obstruction. The collection point must have a
clear area of hard standing to allow your bin to be wheeled to the
collection vehicle. In the event of this location not being practicable or
safe, we will specify an alternative suitable location. 
5.7 After emptying, we will return your empty bin to the nearest available
kerbside location adjacent to your collection point, taking care not to
block pedestrian or vehicle access. In windy weather we will endeavour
to put your food waste caddy / glass box back within the boundary of
your property to help prevent them blowing away. 
5.8 Where households share a large 4-wheeled (1100L) communal waste
and/or recycling bin that is kept in a communal bin storage area,
householders will not have to move or present the containers. We will
empty the bin and return it to its original location. 
5.9 We will tell you in good time about planned changes to services: 
• Any service changes (day of collection / change in materials
collected) will be communicated in writing at least 30 days before
changes are due to occur.
• Changes to collection days due to the Christmas and New Year
Public Holidays will be advertised on the Council website at least
10 days in advance. 
5.10 We will let you about unplanned changes to the service on our website
(midlothian.gov.uk) and through other media in line with our
Communications Policies. 
5.11 In terms of access, where road works are being carried out, we will
make every effort to make collections as scheduled. However, where
access is denied alternative collection arrangements will be made and,
where possible, we will notify you of these in advance. 
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5.12 When collecting from new developments, where building work is still
ongoing, we will make every effort to collect from individual properties
where possible. Any properties that are occupied but cannot be
provided with a kerbside collection will be required to present their bins
at an agreed point. The decision to enter sites under construction at
any given time on a scheduled collection day is made by the driver of
the vehicle, who has to consider road and pavement conditions, any
noticeable obstructions and whether a safe exit from the road is
possible once it is has been entered. 
5.13 If we miss your collection and you notify us by 5pm on the next working
day (Monday to Friday) following collection, in normal circumstances
we will endeavour to return within 5 working days to complete the
collection in line with our Missed Collection Policy. A container will not
be deemed as missed until the end of the working day (3pm). 
5.14 We will consider the following special requests from householders:
• Additional or larger bins/containers: Additional containers for the
collection of recycling will be granted on request. Larger or
additional bins for the collection of non-recyclable waste can be
made available in line with the Policy for the provision of additional
waste capacity. You can request additional or larger containers
online. If you are unable to complete the online form, you can
telephone our Contact Centre (0131 561 5284). 
• Assisted collections: When requested we can arrange for you to
receive an assisted collection. This may be a permanent or
temporary arrangement. You can request an assisted collection
online. If you are unable to complete the online form, you can
telephone our Contact Centre (0131 561 5284). Provision of this
service will be made in line with the Policy for the provision of an
assisted collection. 
5.15 If your wheeled bin or container gets damaged or goes missing, and
you let us know, we will repair or replace it. In normal circumstances,
we will endeavour to deliver a new or replacement bin or container
within 7 working days. A replacement bin may be new, used or
repaired. We will recycle any bins that are beyond repair. 
5.16 When we can’t empty your bin (the bin lid is up, the bin is too heavy
or it contains the wrong materials) we aim to tag it so you know the
reason why, and record that we have done this. 
5.17 We will bump your bin against the bump bar at the top of the bin lifting
mechanism a maximum of three times in an attempt to dislodge any
compacted waste within your bin. Continued striking risks damaging
your bin. 
5.18 We will clean up any spillage from a container, bin or vehicle that is
caused by a council employee as a result of carrying out a waste
collection service. In normal circumstances we will endeavour to action
this immediately; otherwise, it will be carried out within 3 working days
of the Council being made aware of the spillage. 
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5.19 We will endeavour to remove any large or duplicate bins presented for
collection (ie: one household presents two bins) that are identified as
unauthorised or that have previously been reported as lost/stolen from
another address. 
5.20 We will explain what happens to the materials we collect for reuse,
recycling or composting on our website (midlothian.gov.uk/recycling). 
5.21 In normal circumstances, we will respond to any complaints received
about our Service in line with the Council’s Complaints and
Compliments procedure. 
What we expect from you: 
5.22 To treat our staff with respect. 
5.23 To store bins within the boundary of your property out with your
designated bin collection day and take steps to prevent theft and arson.
You should identify all your waste/recycling containers with your
property name/number. 
5.24 To keep your bin in a clean condition and report any damage, or a lost
or stolen bin so we can repair or replace it. You can do this online. If
you are unable to complete the online form, you can telephone our
Contact Centre (0131 561 5284). 
5.25 To put your bin where your property meets the pavement, footpath or
road - or in your designated bin collection area. Bins and containers
should be clearly visible with no restrictions to access and not placed in
way to cause an obstruction or hazard to pedestrians or road users. 
Ideally, wheeled bin handles should be placed facing closest to the
road. 
5.26 To put your bins out for collection by 6:30am on the day of your
collection. If your bin is not presented for collection by the appropriate
time and is therefore not emptied for this reason, we will not return until
that bin’s next scheduled collection day, in line with our Missed
Collection Policy. 
5.27 To take your bin back to within the boundary of your property as soon
as you can once it has been emptied. 
5.28 To ensure all waste fits inside your bin and the lid closes fully. This is to
prevent litter from rubbish falling out of your bin and to make sure your
bin can be lifted onto the collection vehicle safely. An overfilled bin is a
bin containing waste where the bin lid cannot easily be fully closed
by exerting gentle pressure by hand. 
5.29 To not put extra waste on or around your bin. This is to make sure our
collection crews can easily and safely access your bin and to address
safety concerns relating to manual handling of this waste and risks
such as needle stick injuries. Additional waste or bags placed around
your bin will not be collected. 
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5.30 To not compact waste within your bin. If waste is compacted, it may not
come out of the bin when it is tipped. If this happens, you will need to
loosen it before your bins next scheduled collection. 
5.31 To not overload your bin. An overweight bin is any 2 wheeled bin that
cannot be safely moved by a single crew member to the point of
collection and/or is deemed by the Driver/Team Leader to be too
heavy to be safely lifted by the mechanical lifting mechanism on the
collection vehicle. Individual heavy items or materials should be
removed from your bin to allow us to empty it on your bin’s next
scheduled collection. 
5.32 To make sure your bin contains the correct materials for disposal /
recycling. This is to make sure the recycling we collect is good quality
and to reduce the cost of disposing of your waste / recycling. 
5.33 To let us know we have not emptied your bin as expected by 5pm on
the next working day (Monday to Friday) following your scheduled
collection. This is to allow us to efficiently plan how best to return to
empty your bin. 
5.34 To check the Council’s website at Public Holiday times, on occasions
when extreme weather conditions occur or during periods of Industrial
Action, to ensure you are aware of any temporary service changes. 
5.35 Where possible, during, and following a period of adverse weather to:
• Remove snow from the top of your bin.
• Make sure there is a clear path in the snow to allow crews to move
your bin to the road / collection vehicle.
5.36 If you move house, to leave all bins and containers provided by the
council at the property in a clean and empty condition ready for use by
the new occupant. 
6. Recycling Improvement Fund 
6.1 Midlothian Council, as shown in Appendix D, performs above the
Scottish average in terms of recycling rates and is in the top 15 of local
authorities performance.  We strive to continually improve this statistic. 
6.2 Dry Mixed Recyclate (DMR) service transformation  
The Scottish Government recently published a draft of the proposed
Circular Economy Bill. Amongst other changes, if passed into law this
will:
• Introduce statutory recycling targets for Local Authorities, with
prospects of fines
• Make the current voluntary code of practice statutory.
Midlothian Council became a voluntary signatory to the “Charter for
Household Waste Recycling” in May 2016 and in so doing, made a
commitment to transform kerbside collection services to align with best
practice, once capital funding became available. 
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£2.2m of funding has been awarded from the Zero Waste Scotland
Recycling Improvement Fund to allow the Council to fully transition
existing waste and recycling collection services to meet the
recommendations in the “Code of Practice – Household Recycling in
Scotland”.
In doing so, Waste & Recycling Services will transition existing
kerbside waste and recycling collections to align with the Code of
Practice. 
A new 240L wheeled bin will be introduced to allow the existing co-
mingled recycling stream (blue bin) to be collected in two separate
streams on a 3-weekly collection cycle. 
o Paper, card and cardboard (new bin)
o Plastic, metals and cartons (existing blue bin)
o Recycling bins will be collected on a three-weekly collection
cycle with residual waste. 
Table: Current and proposed kerbside waste and recycling collection services. 
Status Residual Recycling
As is Fortnightly
240L bin
Fortnightly co-mingled
360L bin
Following service
transformation
3-Weekly
240L bin
3-weekly separate collections of
- Paper/card
- Plastics/metals/cartons 
For the small number (approx. 1,000) properties with shared refuse and
recycling bins, assessment of provision will be undertaken by Waste
Officers to ensure paper and card can be collected separately from
plastics, metals and cartons and adequate refuse capacity remains in
place. In housing areas where the size and/or layout of garden space
or existing bin stores cannot accommodate storage of an additional bin,
provision of a suitable communal recycling point for the collection of the
additional recycling stream will be provided, following consultation with
affected customers.  
Due to the timescale required for planning and construction of the
extension to the Waste Transfer Shed at Stobhill Depot the DMR
service transformation is proposed to take place from September 2025. 
6.3 DMR Change - Projected environmental and financial savings 
The independent environmental consultancy, Eunomia Research &
Consulting (Eunomia) was commissioned by Zero Waste Scotland to
carry out a collection options appraisal of Midlothian Council’s kerbside
collection service. 
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The purpose of the options appraisal was to assess alternative ways of
delivering kerbside collection services and to provide Midlothian with
cost, operational and performance information for each of the proposed
options. The aims were to assess the impact of:
• The introduction of Scotland’s Deposit Return Scheme (DRS)
• Introduction of a separate plastic film collection
• Reducing the frequency of glass collections
• Collecting paper and card separately from plastics and cans
• Multi-stream collections using specialist vehicles
• Restricting residual capacity either through smaller bins or less
frequency collections 
6.4 DMR Change - Recycling performance
The table below shows the modelled performance for 3-weekly twin
stream collections. Changes in waste flows were determined through
benchmarking, which looked at socio-demographically authorities that
operate similar collection systems to the options being modelled, to
understand the change in waste flows that might be expected. At the
time of the analysis it was anticipated that a glass bottle deposit return
scheme (DRS) would be introduced by the Scottish Government. 
Baseline DRS Baseline 3-weekly collections
Food waste 2,066 2,066 2,654
Glass  2,231 424 470
Dry recycling 5,201 4,840 5,400
Contamination 1,167 1,033 1,033
Non-kerbside residual 3,932 3,932 5,494
Residual waste 17,187 16,472 13,715 
6.5 DMR Change - Waste Collection resources
The modelling suggested that the service would require fewer residual
waste rounds (-1.7 or -30%) because the collection frequency
decreased from fortnightly to three-weekly and glass rounds reduced
by 56% as collections moved 6-weekly. 
6.6 DMR Change - Effect on Costs of Other Waste Services 
The projected net total system cost of twin stream recycling collections
is detailed in the table below (indicative).
• In two-stream options, paper and card switched from being a
cost, to generating income. 
• Reduced recycling treatment costs and avoided residual
treatment costs make considerable contribution to savings
compared to the post DRS baseline. 
• Increased costs of treating residual waste displaced to HWRCs
offsets around half the kerbside residual treatment savings. 
• Container purchase and replacement costs related to a new
240-litre for paper/card. 
• The reduction in residual waste that was greater than the
corresponding increase in dry recycling and food waste was
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20
assumed to be diverted to HWRCs. If some of the reduction is a
result of waste prevention, savings could increase. 
Grant funding from ZWS has been secured for the upfront capital cost
of procuring the additional 240L bins required.
6.7 DMR Change - Sensitivity Analysis
Further sensitivity evaluation was undertaken by Eunomia to reflect
possible future changes in gate fees for paper/card and for containers,
as well as the proposal to collect glass in the blue bin.
This modelling was undertaken with the assumption that glass bottles
would be returned to retailers and only glass jars would therefore be
collected at the kerbside. The table below summarises the results in
terms of marginal recycling performance, cost and carbon results,
relative to the post-DRS baseline (indicative). 
Decreases in residual waste collection frequency result in increases in
household recycling rate as more dry recycling is diverted out of the
residual waste stream. It is anticipated that some of the reduction in
residual waste arisings will be diverted to HWRCs, however, the
treatment costs and treatment method for this method are assumed to
be the same.
Generally, the more streams that Waste & Recycling Services collects
separately for recycling, the larger the treatment cost savings, as
separately collected materials tend to command higher prices. In
particular, the introduction of separate paper & card collections, which
the council could receive an income from the sale of, results in
substantial savings to dry recycling treatment costs. Paper and
cardboard carry relatively good material values and make up a large
proportion of the dry recycling tonnages. 
Change Increase/Decrease DRS Baseline
3-weekly
collections
3-weekly with
glass
DRS Baseline £124k  
Sensitivity (high price)  -£1,151k 
Marginal Cost  -£933k -£1,117k
Sensitivity (low price)  -£641k 
Carbon savings (tCO2eq)  -1,145 -1,235
Kerbside recycling rate  6.7% 7.1% 
Cost Centre
Cost Change
Increase/Decrease 
HWRC residual cost £138k
Container replacement £99k
Collection costs -£342k
Glass income -£1k
Recycling treatment -£698k
Residual treatment -£244k
Container purchase £116k
Total  -£933k
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7. Service Transformation 
7.1 Further transformation opportunities in relation to Waste and Recycling
is ongoing and will be reported through the Business Transformation
Steering Group.   
7.2 The Service successfully applied for and have been awarded £20k of
external funding from the Material Focus Electrical Recycling Fund
which will permit the Council to offer a 12-month trial collection of small
electricals and batteries as well as textiles at the kerbside. 
The service is anticipated to divert an additional 563 tonnes of material
per annum from the residual waste stream and deliver a 2,862 tonne
CO2e carbon savings. 
8 Report Implications (Resource, Digital, Risk and Equalities) 
8.1 Resource
Introducing new recycling collection services is intended to improve the
resource efficiency of the waste service. 
8.2 Digital 
• Existing Route Management software will be used for a whole-
scale route review of all domestic and trade waste and recycling
collections.
• The implementation of new waste and recycling collection services
is expected to be supported by the introduction of a Digital Depot
system and the use of “in-cab” digital devices.  Progress will be
monitored through Business Transformation Steering Group.
• Existing IT and Digital Resources will support customer
engagement e.g.: information on website, collection calendars,
social media activities 
8.3 Risk 
Failure to transform recycling collection services at this time can
expose the Council to reputational and financial risk. 
8.4 Ensuring Equalities 
Waste collection services affect all households in Midlothian. There is a
positive impact on the environment and economy. A full Integrated
Impact Assessment (IIA) will be completed if RIF application is
accepted.
Appendices: 
Appendix A – Additional Report Implications
Appendix B - Proposed Service Standards for Household Waste
Appendix C - Where Midlothian’s Waste is Recycled
Appendix D - Scottish Local Authority Recycling Rates 2019-2022 
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
The report proposes service transformation which will underpin the
Single Midlothian Plan. 
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 
A.4 Delivering Best Value 
The report aims to deliver best value for the Council. 
Census data recently released shows that in the 11-year period from
2011 to 2022 the number of households in Midlothian increased by
16.2%. The is indicative of the growth in demand for services since
each new household will require waste and recycling collections. 
The percentage of material recycled although higher than the Scottish
average has recently remained static (exception during the pandemic)
and requires action to prompt further recycling of material. 
Financial projections indicate that the council requires £35m of savings
by 2028-29 it has therefore been prudent to review the operation of the
service to prepare for further expected customer growth over the next
decade in an environment of restricted budgets.
A service review is in progress to establish a fit for purpose structure
that has developed in an ad-hoc way over the last decade. Due to the
pandemic, a loss of staff due to retirals and those who have left the
service a number of positions have been filled from interim agency or
acting up arrangements. The new structure will have a staff
complement of 108 of which five staff to provide management and
support.
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In recognition that the traditional waste management route for disposal
to a landfill site is now replaced by material recycling as far as possible
it is proposed that the service is rebranded Recycling Services. 
A.5 Involving Communities and Other Stakeholders 
From a customer consultation held in 2021 on future waste collection
options, when asked “Which would you prefer?” 49% stated “Same
sized bin (for waste that cannot be recycled) collected every three
weeks” and 51% would prefer “Smaller bin (for waste that cannot be
recycled) collected fortnightly.” 
A.6 Impact on Performance and Outcomes 
Introducing new recycling services is expected to have a positive
impact on recycling diversion. 
A.7 Adopting a Preventative Approach 
The proposed new recycling collection services prioritise resource use,
fuel and fleet efficiency and an associated reduction in carbon. 
A.8 Supporting Sustainable Development 
An increase in material collected for reuse and recycling is expected to 
be achieved. 
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Appendix B - Proposed Service Standards for Household Waste
Example of proposed customer communication material to promote the
Service Standards and Waste Policies.
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25
Appendix C - Where Midlothian’s Waste is Recycled 
Activity Route Frequency Contractor
Glass  Direct delivered to contractor by 3 crews to
Buttlerfield site Newtongrange
Daily (M-F) Dryden Aqua
Bonnyrigg EH19 3JQ 
1 mile from Stobhill Depot
Electricals (large) Collected by contractor from HWRC Twice a week LOWMAC Alloys
Irvine 
KA11 5DG 
90 miles from Stobhill Depot
Electricals
(small)
Collected by contractor from HWRC Twice a week WEEE Scotland
Glasgow G51 1HJ 
55 miles from Stobhill Depot
Dry Mixed
Recycling
Delivered to Waste Transfer at Stobhill,
bulked & reloaded for onward transfer by
contractor.
Daily (M-F) Re-Gen
Newry 
BT35 6JQ 
229 miles from Stobhill Depot
Textiles  Collected by contractor from HWRC As required Nathans
Denny 
FK6 6QE 
38 miles from Stobhill Depot
Food  Delivered to contractor at Millerhill by 4
crews once per day.
Daily (M-F) BioGen
Millerhill
EH22 1SX 
7 miles from Stobhill Depot
Residual  Delivered to contractor at Millerhill by ?
waste crews twice per day.
Daily (M-F) FCC 
Millerhill
EH22 1SX 
7 miles from Stobhill Depot
Tyres  Skips delivered to contractor at Duns in
Borders 
As required Redpath
Duns 
TD11 3HS 
37 miles from Stobhill Depot
Wood  Skips delivered to contractor at Loanhead  As required McKenzie
Old Pentland Sawmill, Loanhead EH20
9NU 
6 miles from Stobhill Depot
Metals  Skips delivered to contractor at Granton
Edinburgh 
Car batteries collected by contractor
loaded by forklift from depot.
As required Waugh
Harbour Road
Edinburgh EH5 1PH 
12 miles from Stobhill Depot
Garden waste Delivered to contractor at Danderhall by
three crews daily and from HWRC.
Daily (M-F)
Skips also Sat
Forth Resource Management
Todhills, Danderhall,
EH22 1RR 
4 miles from Stobhill Depot
Bulky Waste Includes kerbside collected household
bulky items, bulky items from schools and
care homes, Building Maintenance
Services, and void house clearances 
Daily (M-F)
Skips also Sat
Levenseat, Lathallan,
Falkirk 
FK2 0YF 
30 miles from Stobhill Depot
Street sweepings
(soil)
Material collected from compact street
sweepings activities
Daily (M-F) Levenseat
Forth
Lanark ML11 8TS 
32 miles from Stobhill Depot
Rubble and
stone
Material collected from Stobhill HWRC and
BMS
Daily (M-F)
Skips also Sat
Levenseat, Lathallan,
Falkirk 
FK2 0YF 
30 miles from Stobhill Depot
Mineral oil Collected by contractor from Stobhill
HWRC 
As required Northburn Oil
Coatbridge ML5 2HY 
54 miles from Stobhill Depot
End of Life bins Collected by contractor from Stobhill
Transfer Station 
As required Sharp Polymer Solutions 
Melrose 
TD6 0HH 
35 miles from Stobhill Depot
Hand Tools Collected by contractor from two HWRC  As required Scottish Prison Service
Edinburgh EH11 3LN 
14 miles from Stobhill Depot
Confidential
Paper
Collected by contractor from Stobhill
Transfer Station 
As required WeShred
Glasgow
G51 2JR 
64 miles from Stobhill Depot
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Appendix D - Scottish Local Authority Recycling Rates 2019-2022 
Year 2019 2020 2021 2022
Council Rate (%) Rate (%) Rate (%) Rate (%)
Moray 59.0 54.9 52.2 57.8
Scottish Borders 49.2 52.8 55.2 57.3
East Renfrewshire 67.8 56.6 58.1 56.0
North Ayrshire 56.4 52.1 56.9 55.3
South Ayrshire 57.7 55.4 56.0 54.3
Renfrewshire 53.1 49.1 51.7 53.8
East Lothian 55.3 52.4 53.9 53.1
East Dunbartonshire 55.3 50.9 45.3 51.8
Angus 59.1 58.4 54.7 51.7
Falkirk 53.0 51.2 48.2 51.4
Stirling 54.8 47.9 50.9 51.4
Clackmannanshire 55.5 48.7 50.0 51.2
Perth and Kinross 52.7 49.4 50.2 49.3
East Ayrshire 53.2 41.1 48.5 48.5
Midlothian 50.8 47.3 47.4 47.2
Inverclyde 54.0 37.1 48.5 46.8
West Lothian 58.2 45.0 41.3 45.9
Fife 44.5 43.7 43.6 45.7
Dumfries & Galloway 29.5 30.1 39.8 45.1
North Lanarkshire 40.7 39.5 43.4 43.0
Aberdeen City 51.1 46.8 46.8 41.8
South Lanarkshire 46.4 41.1 41.0 41.2
Argyll and Bute 38.6 31.2 39.3 40.8
Aberdeenshire 44.0 40.9 41.1 40.2
West Dunbartonshire 44.8 36.9 35.6 38.8
Highland 41.3 35.7 37.4 37.2
City of Edinburgh 38.6 37.0 39.9 37.1
Dundee City 38.4 34.7 32.7 33.8
Na h-Eileanan Siar 20.6 34.6 33.5 31.8
Glasgow City 24.7 29.6 27.3 27.6
Orkney Islands 19.4 26.8 24.2 23.3
Shetland Islands 17.9 19.8 18.1 20.7
Scotland 44.9 42.1 43.0 43.4 
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Midlothian Council
Tuesday 19 December 2023
Item No 8.8 
Fleet and Plant Asset Replacement Plan 
Report by Kevin Anderson, Executive Director Place 
Report for Noting 
1. Recommendations
Council is recommended to note: 
i) an accelerated capital investment of £4.67m from existing and
future fleet capital budget allocations, to address a funding gap of
£3.51m, for 2023-25.   
2. Purpose of Report/Executive Summary 
This report details the on-going fleet and plant requirements and an
accelerated replacement plan to deliver the Council’s operational
activities whilst aiming to ensure its fleet is modern, efficient and fit for
purpose mitigating significant current maintenance liabilities. 
Date:    30 November 2023
Report Contact:  Derek Oliver
Email:   Derek.Oliver@midlothian.gov.uk     
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3. Background 
3.1 Since 2020, vehicle and replacement parts prices have increased
considerably because of inflation and the increase in cost of raw
materials. The current age profile of the fleet is increasing, the result of
which is vehicles are becoming increasingly expensive and
unpredictable to maintain and need to be replaced. With vehicles off
the road for significant periods of time, this is impacting on service
delivery, particularly in Waste and Recycling Services. 
3.2 There is a forecasted material variance of £551k in relation to fleet and
plant maintenance for 2023-24. This is unsustainable as the fleet and
equipment becomes older and deteriorates further. 
3.3 Officers have taken time to review the current fleet and plant inventory
to ensure that the Council’s fleet is fit for purpose, with consideration
also provided for a migration towards a just transition to net zero. 
3.4 Neighbourhood Services has worked closely with other Council
services to understand future fleet requirements and developed a fleet
and plant asset management plan up until 2028. 
3.5 The vehicles and plant listed for replacement will support key frontline
services across the Council.  However, the programme will require
additional and accelerated capital investment. It is envisaged that this
investment will positively impact the current overspend in revenue fleet
maintenance. 
Main Report 
3.6 Officers have assessed the replacement vehicle market looking at
diesel/petrol, electric and hydrogen options. This has identified that
typically an electric refuse collection vehicle is circa twice the cost of a
diesel alternative and hydrogen powered vehicles are circa four times
as expensive as diesel alternatives.  These cost comparisons exclude
an allowance for installation of EV charging or hydrogen infrastructure. 
3.7  The table below shows the replacement cost of the required vehicle
fleet and plant equipment for the period 2023-2028. This compares the
available capital budget with options to purchase Internal Combustion
Engine (ICE) and electric vehicles, where available. Indicatively, a
significant funding gap of £7.7m on a like for like basis is noted due to
several vehicles not being replaced during the Covid pandemic and the
available capital budget remaining flat cash in a significant inflationary
environment, with rises of around 20% in vehicles prices in the past
year noted.  The table also illustrates the indicative funding gap should
the fleet be replaced with electric alternatives or a mix of ICE and
electric vehicles. 
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Note 1 * Some vehicles have to be retained as ICE with no EV alternative available
Note 2 An annual inflationary allowance of 5% has been included for future years 
3.8 Officers therefore reluctantly conclude that in the current financial
climate due to the large cost disparity between Internal Combustion
Engine (ICE) powered and electric/hydrogen alternatives for the larger
heavy goods vehicles (HGV) and specialist vehicles, it is not viable
from a financial and general risk perspective to purchase all new
vehicles as electric/hydrogen until the market has matured, EV
infrastructure is installed and greater reliability can be ensured, and
economies of scale have led to a reduction in prices. 
3.9 If Elected Members agree that a move to alternative fuelled vehicles is
not sustainable at the moment on cost grounds, it is essential that an
accelerated purchase programme is brought forward to bridge the gap
to ensure vehicle roadworthiness and ongoing service delivery. 
The following table specifies the number of vehicles to be replaced in
the accelerated purchase programme. This programme targets the
replacement of Refuse Collection Vehicles (RCVs), Heavy Goods
Vehicles (HGVs), specialist vehicles and aged problematic light
vehicles.  The Council currently has four hired Refuse Collection RCVs
which are one to two years old, to compensate for currently off-road
RCVs, which impact the revenue account to the extent of around £203k
per annum. Should these vehicles be purchased rather than 41hired
that will provide a revenue saving and also spread the age profile of
new fleet which will benefit future placement programmes over longer
time frames. 
Year
Capital
Budget
Available
Number of
Fleet to
Replace
Like for
Like Cost
Option 
Plant &
Machinery 
Total Fleet
& Plant
Funding
Gap
2023-2024 £185,000 12 1,543,000 82,500 1,625,500 1,440,500
2024-2025 £1,500,000 29 3,128,160 442,575 3,570,735 2,070,735
Total  £1,685,000 41 £4,671,160 £525,075 £5,196,235 £3,511,235 
Replace
Year
Budget
Available
Number of
Vehicles to
Replace
Cheapest
Vehicle
Cost Option Total Plant 
Funding
Gap
ICE &
Electric Mix
Funding
Gap   Electric* Funding Gap
2023-2024 185,000 12 1,543,000 82,500 1,440,500 1,584,000 1,481,500   1,308,000 1,205,500
2024-2025 1,500,000 29 3,128,160 442,575 2,070,735 3,292,800 2,235,375   4,967,550 3,910,125
2025-2026 1,500,000 47 2,492,099 667,015 1,659,114 3,043,737 2,210,752   3,763,670 2,930,685
2026-2027 1,500,000 39 2,490,044 648,268 1,638,312 3,204,311 2,352,579   3,984,551 3,132,819
2027-2028 1,500,000 31 1,996,469 396,866 893,335 2,305,202 1,202,068   2,557,421 1,454,287
TOTAL 6,185,000 158 £11,649,772 £2,237,224 £7,701,996 £13,430,050 £9,482,274   £16,581,192 £12,633,416        
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3.10 Elected Members are recommended to note an accelerated capital
investment of £4.67m from existing and future fleet capital budget
allocations, to address a funding gap of £3.51m, for 2023-25.   
3.11 Vehicle availability and delivery within these timescales has been
factored into the fleet replacement split across the two years.   
3.12 RCVs/HGVs and specialist vehicles will be renewed with newer,
cleaner diesel alternatives while EV and the use of alternative fuels
such as Hydrogen and Hydrotreated Vegetable Oil (HVO) will be
further assessed. HVO is a fossil-free paraffinic diesel fuel that can be
used as a direct replacement for mineral diesel with up to 90% lower
net carbon dioxide (CO2) emissions. 
3.12 A further report will be brought to Council detailing the Climate Action
Plan, which will inform future fleet and plant capital investment.   
3.14 Neighbourhood Services will continue to work closely with services to
scrutinise requirements and assess how service delivery evolves and
transforms, such as implementing more efficient and effective means of
fleet and plant asset management and maintenance utilising
appropriate software and systems; altering working patterns to better
suit service needs; trialling imprest stock within the workshop for ready
supplies of essential parts to expedite repairs and servicing; and
procurement of greener vehicles and plant alternatives to those that are
existing fossil fuel powered, should this be the approved direction by
Council. Progress on these matters will be reported through
transformation workstreams at the Business Transformation Steering
Group.   
3.15 If approved, the next steps will be to procure the vehicles outlined in
this document for 2023-25 taking into account the implications listed in
Section 4. The procurement plan is based on priority and is ready to be
mobilised, with a number of currently hired Waste vehicles able to be
made permanent assets, with the net effect of reducing revenue hire
expenditure and maintenance costs; and mitigating against production
and delivery timescales.   
3.16 There are potential external funding opportunities that the Council will
continue to explore. More recently, these funding opportunities have
been aimed at increasing electric vehicle charging infrastructure,
however there are still some sources available for vehicle replacement
and upgrades which officers are applying for. If any such funding bids
are successful, this will reduce the amount of capital funding that is
required from the Council.  Future reports will also consider leasing
options. 
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4 Report Implications (Resource, Digital and Risk) 
4.1 Resource
The report requires an acceleration of £3.51m capital funding from
future allocations to mobilise the fleet and plant replacement
programme for 2023-25, to the cumulative value of £4.67m. The
purchase of new vehicles will have an impact in reducing the purchase
of spares and cost of repairs on vehicles and plant. New vehicles and
plant will come with a warranty which will provide further general
revenue account savings. 
4.2 Digital 
A new fleet and plant asset management system will require to be
scoped, procured and implemented.  Progress will be monitored
through the Business Transformation Steering Group. 
4.3 Risk
The Council is operating an aged fleet which is sub-optimal and costs
significant sums of expenditure to maintain as well as impacting service
delivery, particularly in relation to Waste Services. The existing
methods and systems for fleet management also require upgrading to
incorporate a new asset management system.  As part of its HGV
Operators Licence legal requirements the council must maintain a fleet
that is roadworthy. To not do so risks action by the Driver and Vehicles
Standards Agency (DVSA) and/or the Police followed by a subsequent
public inquiry into the matter. If the DVSA demand that non-compliant
vehicles be taken off the road on the grounds of safety, then service
delivery such as bin collection will be impacted along with reputational
damage for the Council.     
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
The subject of this report does not have a significant impact on
equality. 
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APPENDIX A – Additional Report Implications 
A.1 Key Priorities within the Single Midlothian Plan
The report proposes service transformation which will underpin the
Single Midlothian Plan. 
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 
A.4 Delivering Best Value
The report aims to deliver best value for the Council. 
A.5 Involving Communities and Other Stakeholders
The purpose of the report is to improve outcomes for our communities.
A.6 Impact on Performance and Outcomes
Improving the fleet and plant inventory will mitigate service impacts
through breakdowns and repairs.  The report aims to measure progress
through outcomes. 
A.7 Adopting a Preventative Approach
The report is based on the creation of a wellbeing economy which
prioritises prevention, fairness for people, the economy and the
environment. 
A.8 Supporting Sustainable Development
The subject of the report improves the condition of the Council’s fleet
and plant inventory with improved carbon emissions.    
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Midlothian Council
Tuesday 19 December 2023
Item 8.9 
Scottish Government Consultation Response - Education Reform: A
Consultation on the provisions of the Education Bill 
Report by Fiona Robertson Executive Director Children, Young People and
Partnerships 
Report for Decision 
1 Recommendations 
Council is requested to delegate authority to the Executive Director Children, Young
People and Partnerships to submit the Education Reform Consultation Response to
the Scottish Government, on behalf of Midlothian Council.   
2 Purpose of Report/Executive Summary 
The purpose of this report is to advise Council on the consultation on the provisions
of the Education Bill and how key stakeholders have informed the response on behalf
of Midlothian Council. 
06 December 2023
Report Contact: Fiona Robertson Executive Director Children, Young People and
Partnerships 
E mail: Fiona.Robertson@midlothian.gov.uk 
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3 Background 
3.1 On 7 November 2023 the Cabinet Secretary for Education and Skills launched a
consultation on the provisions of the Education Bill. The closing date for consultation
responses is 18 December 2023. 
3.2 The consultation paper specifically focuses on the new qualifications body and new
approaches to inspection. It seeks views on the proposals to replace SQA and
approaches to maximise the role inspection plays in improving education in Scotland. 
3.3 The intention is to deliver bodies that are fit for future and able to respond to the
evolving education and skills landscape. 
3.4 The consultation seeks the views of individuals, groups or organisations.
Respondents are asked to identify their role in the education system (i.e. parent,
practitioner, support, child, employer, local authority) and which sector they represent
(early years, primary, secondary, FE/HE). 
3.5 The consultation contains proposals which it seeks the views on. The questions are
outlined below: 
3.5.1 What changes should we consider in terms of how qualifications are developed and
delivered that you think would improve outcomes for Scotland’s pupils and students?
3.5.2 How best can we ensure that the views of our teaching professionals are taken into
account appropriately within the new qualifications body, and do these proposals
enable this?
3.5.3 How best can we ensure that the views of pupils, students and other learners are
appropriately represented within the new qualifications body, and do these proposals
enable this?
3.5.4 How can we ensure qualifications being offered in Scotland are reliable, of a high
standard and fit for purpose?
3.5.5 How do you think the qualifications body can best work with others across the
education and skills system to deliver better outcomes for all?
3.5.6 Do you agree with the purposes set out? Is there anything in addition you would like
to see included?
3.5.7 Do you agree or disagree with the range of establishments to be inspected by HM
Inspectors of Education? Is there anything you would like to add or change?
3.5.8 Do you have any specific comments on the role of the inspectorate of education in
the inspection of publicly funded colleges, initial teacher education, early learning and
childcare and or modern apprenticeships?
3.5.9 Do you agree or disagree with the priorities set out? Is there anything in addition that
you would like to see the inspection cover?
3.5.10 Do you have a view on these options for establishing the new approach to
inspection?
3.5.11 Do you have a view on how governance arrangements for the inspectorate could be
developed to better involve providers, including teachers and other practitioners,
pupils and students and parents/carers in inspection?
3.5.12 Do you have a view on how we make sure evidence from inspections is being used
as fully as possible to drive improvement and inform policy and on who the
inspectorate should report to? 
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3.6 Engagement with key stakeholders 
Consultation engagement activity is underway and involves headteachers, Parent
Councils and the parental community, and young people. A briefing for elected
members took place on 27 November 2023. 
Feedback will be collated by 14th December and a draft report will be submitted to
Scottish Government on 18 December 2023 on behalf of Midlothian Council. 
The report will be considered by Council on 19 December 2023, with updates shared
with Scottish Government following Council decision. 
4 Report Implications (Resource, Digital, Risk and Equalities) 
4.1 Resource 
Not applicable at present as any impact is yet to be defined. 
4.2 Digital 
Not applicable at present as any impact on digital resources is yet to be defined. 
4.3 Risk 
Not applicable at present as any risk impact is yet to be defined. 
4.4 Ensuring Equalities 
Not applicable at present. 
4.5 Additional Report Implications 
Not applicable.  
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4
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
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 
Not applicable at present as any impact is yet to be defined. 
A.5 Involving Communities and Other Stakeholders 
Key stakeholders have been involved in engagement sessions from across our
communities.           
A.6 Impact on Performance and Outcomes 
Not applicable at present as any impact on performance and outcomes is yet to be
defined. 
A.7 Adopting a Preventative Approach 
Not applicable at present. 
A.8 Supporting Sustainable Development 
Not applicable at present.
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APPENDIX B 
Background Papers/Resource Links (if applicable) 
Supporting documents - Education Bill provisions: consultation - gov.scot
(www.gov.scot) 
All Learners in Scotland Matter - national discussion on education: final report -
gov.scot (www.gov.scot) 
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Midlothian Council
Tuesday 19 December 2023
Item No 8.10 
Attainment Update for Midlothian in Primary and Secondary schools 
Report by Michelle Strong, Education Chief Operating Officer 
Report for Information 
1 Recommendations 
• To note the progress, strengths and improvements of our children and young
people’s attainment in both primary and secondary schools as outlined in this
Report.
• To note and acknowledge the strategies adopted to address areas for continuous
improvement outlined in this Report.
• To congratulate all pupils, parents and staff on the significant improvements in
attainment and achievement during session 2022/23. 
2 Executive Summary 
The purpose of this report is to present the annual update on attainment for
Midlothian on two key datasets: Achievement of Curriculum for Excellence Levels
(ACEL) and Senior Phase Insight update. These two data updates provide important
indications of the achievement for our children and young people at various stages
from P1 to S6. This report highlights the successes and challenges at various points,
along with plans for the future to address these and ultimately improve the outcomes
for all of our children and young people. The stretch aims for Midlothian for the period
2023/24-2026/27 are also presented as part of the Scottish Government’s
programme for supporting education recovery. 
23 November 2023 
Report Contact:
Andrew Carse, Principal Officer, Performance Data Analysis and Research
andrew.carse@midlothian.gov.uk 
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2 
3 Background 
3.1 The purpose of this report is to present the current position, trend outlook and
comparison to national and comparator performance for our attainment in Midlothian.
The report will examine two core sets of data to highlight areas of strength and
improvement in our primary and secondary schools. Including both sets of data
allows analysis of the whole school journey which will be important to monitor, track
and analyse going forward to have a robust understanding of how children and young
people are performing and how we can support improvements to enable them to
reach their full potential. 
3.2 The first set of data to be examined is the Achievement of Curriculum for Excellence
Levels (ACEL) update for 2022/23. This presents our current performance versus the
national and comparator levels for 2021/22, as the statistical summary for Scotland
and other local authorities is not yet published. This will be published  late December
2023, and will be found here. The summary provides information on the proportion of
school pupils who have achieved the expected Curriculum for Excellence (CfE)
Levels in literacy and numeracy relevant to their stage. This presents the data based
on teachers' professional judgements for the percentage of pupils who have
achieved the expected CfE levels in reading; writing; listening and talking; and
numeracy in all Primary 1 (P1 – Early Level), Primary 4 (P4 – First Level), Primary 7
(P7 – Second Level) and Secondary 3 (S3 – Third Level) pupils in mainstream
schools. Further information on the Broad General Education and Curriculum for
Excellence can be found at 
https://education.gov.scot/education-scotland/scottish-education-system/policy-for-
scottish-education/policy-drivers/cfe-building-from-the-statement-appendix-incl-btc1-
5/what-is-curriculum-for-excellence/ 
3.3 The second set of data is taken from the Insight update in September 2023. Insight is
the professional benchmarking tool for analysing attainment data in the senior phase,
accessible by secondary schools and local authorities. It is designed to support
improvement within schools and for young people in S4 to S6. There are two
releases of Insight per year, the first of which is in September and provides year
group-based attainment data for previous sessions. The second February update
adds initial leaver destinations data for those leaving school in the previous academic
year, which allows for analysis of data on cohorts of young people at the point of exit
from the Senior Phase. This report will cover the annual cohort level update for
session 2022/23. 
3.4 The 2022/23 academic year was the first year of the Scottish Attainment Challenge
under its refreshed model. The Scottish Attainment Challenge programme was
refreshed with a view to supporting education recovery and accelerating progress in
closing the poverty-related attainment gap. A key element of the refreshed model
was the requirement for local authorities to set ambitious, achievable stretch aims for
progress in overall attainment and towards closing the poverty-related attainment gap
in the 2022/23 academic year. They have been set based on rigorous local
processes, supported and challenged by Education Scotland, to interrogate local
data and understand how best to target resources and develop approaches to best
support children and young people fulfil their potential. The stretch aims for
Midlothian were set by a robust process involving all schools and head teachers.
School level historical data was shared with establishments, and rich discussions and
collaborative working assisted head-teachers to set individual school-level ‘Core and
Core-Plus’ stretch aims. These then contributed to the overall measures of progress
for Midlothian. The ‘Core stretch’ aims will allow all authorities to be compared
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3 
nationally and the ‘Core-plus’ stretch aims are localised to allow for improvement
towards the Core measures. Both sets of stretch aims are shown in Appendix B and
further summary detail on the national process can be found here. The next phase of
work for session 2023/24 has been to further develop this process of introducing
stretch aims for a longer period of time. Appendix B sets out the stretch aims from
2023/24 – 2026/27 to cover the outcomes of the Education Service Improvement
Plan. The stretch aims have been developed in the similar robust process and
enhanced by examining the school’s and council’s performance over the past 5
years. The finalised aims have therefore been set taking account of where we want
children and young people’s performance to be at the end of the four-year period. 
4 Attainment Summary 
4.1 Appendix C presents a more detailed summary of the attainment from the ACEL and
Insight update. It presents the performance of attainment in Midlothian versus the
national and comparator authorities. This highlights the following key messages: 
4.1.1 ACEL - Literacy & Numeracy 
a. There is positive improvement for the combined primary stages, with both
literacy and numeracy attainment increasing in 2022/23 from the previous
year. In comparison to the national and comparator authorities’ level from last
year, attainment in literacy is higher and numeracy was lower.
b. In S3 attainment was higher in both literacy and numeracy compared to last
year and the pre-pandemic levels. In addition, literacy and numeracy levels
are higher than the comparator authorities’ figure for 2021/22.
c. Analysis by stage shows that attainment in literacy for P1, P4 and P7 were all
higher than last year and the pre-pandemic levels. In P1 and P4 these are
above the national and comparator levels for 2021/22. For numeracy there
were improvements in P1 and P4 from last year, although in P7 attainment
decreased from 2021/22 and was lower than the national and comparator
authorities’ level.
d. Looking at the individual literacy components there was good progress in all
three primary stages and literacy components. 
e. In P1 there were increases in reading, writing and listening & talking from last
year, with reading and listening & talking levels above the national and
comparator figures for 2021/22. In P4 there were improvements in all three
components from last year and are above national and comparator figures for
2021/22. In P7 there were improvements in writing and listening & talking from
last year. In S3 there were increases in attainment for all literacy components
compared to the previous year and more aligned to the national and
comparator levels from 2021/22. 
f. The attainment gap was analysed by looking at pupils in receipt of free school
meals versus those not in receipt of free school meals. This provides a much
better reflection of poverty in Midlothian compared to the Scottish Index of
Multiple Deprivation (SIMD). The figures for combined primary show that the
attainment gap in literacy, writing and listening & talking narrowed in 2022/23
from the previous year. In S3 the attainment gap also narrowed for literacy,
numeracy and reading.
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4.1.2 Insight 
a. Literacy and Numeracy 
i. In S4 there was strong performance at all levels, with increases in 2022/23
from the previous year and statistically significantly greater attainment than
our virtual comparator at Scottish Credit and Qualifications Framework
(SCQF) level 3 and 4. 
ii. In S5 there was an increase in attainment at levels 4, 5 and 6 from last
year, which are an improvement from pre-pandemic figures. Attainment
was also higher than the national and virtual comparator pre-pandemic
levels for level 3, 4 and 5. 
iii. In S6 there was a decrease in attainment at levels 4, 5 and 6 from last
year, although the figures are higher than pre-pandemic levels.
Performance was also not as strong compared to the national and
comparator authorities in all levels.
b. Improving Attainment for All 
i. In S4 the performance in 2022/23 in the lowest 20% and middle 60%
cohorts saw improvement compared to the previous year. Attainment in
these cohorts also was higher than the pre-pandemic levels, although the
middle 60% was significantly lower than the virtual comparator for
2022/223. 
ii. For S5 the lowest 20% and highest 20% cohorts showed improvement
from the previous year, with the highest 20% above the pre-pandemic
average. Attainment for the middle 60% however was lower than last year. 
iii. In S6 there was a decrease in attainment for all three cohort groups from
2021/22. The middle 60% and highest 20% however were higher than the
pre-pandemic averages. 
iv. In comparison to the virtual comparator and national figures the area of
most concern is the middle 60% cohort, where performance in 2022/23
was significantly lower than the virtual comparator in S4, S5 and S6.
c. Initial Positive Destinations
i. the percentage of school leavers in a positive destination in 2021/22 was
the highest ever recorded for Midlothian at 95.50%. This was an increase
of 0.06% from the previous year and higher than the virtual comparator
level.
d. Breadth and Depth 
i. In S4 the percentage of all pupils attaining 1 and 5 or more awards at
SCQF level 5 both increased from last year, with those with 1+ at the
highest level in 6 years and 6.62% higher than pre-pandemic levels. The
performance in both measures was higher than the virtual comparator and
the pre-pandemic figures. For 5+ awards the 2022/23 rate was 9.93%
higher than the virtual comparator pre-pandemic average. 
ii. In S5 whilst there was a reduction in all three key measures versus last
year there was an increase over the pre-pandemic levels. In comparison to
the virtual comparator the figures for the three measures were all below for
2022/23. 
iii. For S6 in 2022/23 all four key measures were lower than the previous year,
although there was an increase in all measures from the pre-pandemic
averages. 
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4.2  In summary, for most year groups there has been some improvement in attainment
for 2022/23 in comparison to last year and pre-pandemic levels. There are some
positive outcomes in areas for Midlothian in comparison to national and comparator
authorities’ figures, however there are still areas for improvement. The most notable
strengths are: Primary and S3 CfE Attainment; S4 and S5 literacy and numeracy; S4
and S5 senior phase attainment and positive destinations. There are however
challenges where improvement will be focused, which includes areas of P7 literacy,
the core middle 60% of senior phase attainment; and S6 attainment overall. 
4.3 In order to address these improvements there are a number of intervention projects
and supports underway. Some of the ongoing support to improve attainment includes
the following: 
4.3.1  Development and implement a raising attainment strategy 
This project is well underway involving senior leaders from across our empowered
system.  This strategic group has gathered intelligence both locally, regionally and
nationally where success has been achieved and verified.  Strategic priorities for our
Education Service and areas of focus from 2023 for the next five years are being
developed alongside the necessary supports for our schools and settings to achieve
these. Central to this are a suite of aims relating to improvements in the ACEL and
Insight data presented above with ongoing monitoring and tracking of annual targets. 
4.3.2  Development of the full range of curriculum frameworks 
Each of our Associated Schools Groups is currently developing and piloting curricular
frameworks for completion this school session. The Midlothian Numeracy
Frameworks and Writing Framework are now in place in our schools, with Reading
and Listening and Talking Frameworks been made available before July 2024. 
Following this all Midlothian schools and settings will be using consistently agreed
approaches to planning for Literacy and Numeracy within the Broad General
Education.   
4.3.3  Support for Moderation of Teacher Professional Judgements 
Every Midlothian primary school is being supported to effectively moderate teacher
professional judgements of writing at P4 and P7 stages. This activity is focussed on
ensuring increasing confidence in learners’ achievement of CfE levels of attainment
that are submitted annually to Scottish Government. This support is being provided
by Local authority officers and Education Scotland colleagues, building capacity
through upskilling key staff in each school.   
A QAMSO plan (Quality Assurance and Moderation Support Officers Plan) is
currently in development to support our schools with moderation activity in response
to our attainment data and areas of greatest need. For session 2023/24 our focus will
continue to be on writing throughout the Broad General Education.  This will ensure
that our teachers are identifying next steps for our learners in writing, within our
agreed progressions, and planning to address those to ensure pace of progress
through a level.
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4.3.4  Revision of Midlothian’s Learning, Teaching and Assessment Framework 
Aligning closely with our Raising attainment strategy and the support provided to
implement our curricular frameworks this will provide further support and guidance for
our schools within a consistently understood framework.  Senior officers, within and
outwith schools, will lead the development of this Framework, drawing on research
based and evidence informed practice from within Midlothian, regionally and
nationally.  Focussed Quality Assurance activity and our professional learning offer
will enable us to secure ongoing improvements to the quality of our learners’
experience, reducing variation across our system and improving attainment for our
children and young people. 
4.3.5  Development of an effective tracking, monitoring and analytical system 
To assist with the support and improvement in attainment there is a robust plan in
place to develop consistent and effective tracking and monitoring in primary and
secondary schools. The systems approach, data management and data cultural
development will ensure there is a holistic approach for evaluating how every child
and young person is progressing. The plan is for a gradual introduction and for all
teachers and schools to be involved in collaborative improvement. This will assist in
supporting the improvement to attainment at an individual level that should set a
stronger foundation for improvement at School, ASG and Midlothian level. 
4.3.6 Support from the Education Recovery Team 
Our Education Recovery Team are linking with schools on all of the above projects.
Their support in schools is data informed and responsive to the needs of the learners
and staff within each setting.  The team are supporting schools to raise attainment
through provision of professional learning, teaching alongside class teachers in our
schools, the embedding of our Literacy and Numeracy Progressions and support for
Moderation activity to ensure the judgements teachers are making regarding
attainment levels are robust and valid.   
5 Report Implications (Resource, Digital and Risk) 
5.1 Resource 
There are no resource implications for this report. 
5.2 Digital 
Further to the improvements made last year on data development, there are now
digital data dashboards available for all primary schools which coincide with an
improved consistent approach to tracking and monitoring. There are also strategic
dashboards that are available for both the education leadership team and individual
schools to monitor and analyse. This will support focused improvements in specific
areas and cohort groups. 
5.3 Risk 
Not applicable.   
5.4 Ensuring Equalities (if required a separate IIA must be completed) 
Not applicable. 
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5.5 Additional Report Implications (See Appendix A) 
See Appendix A 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Midlothian Stretch-aims
Appendix C – Attainment Summary
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8 
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan 
This will work towards the key priority of reducing the gap in learning outcomes. 
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 delivery of this plan with assist the council in meeting its best value duties. Most
notably in the following Best Value themes: Governance and Accountability; Effective
use of resources and partnerships and collaborative working. 
A.5 Involving Communities and Other Stakeholders 
Not applicable.   
A.6 Impact on Performance and Outcomes 
The content in this report and the continuous improvement to support improvement in
attainment for all young people will assist in improving performance and outcomes for
the council. 
A.7 Adopting a Preventative Approach 
Not applicable.   
A.8 Supporting Sustainable Development 
Not applicable. 
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APPENDIX B 
1. Midlothian Stretch Aims – 2022/23 Performance 
1.1 Core Stretch Aims 
Attainment  
Stretch Aim 2022/23
ACEL P1, P4, P7
Combineda
Literacy 71.5% 71.6%
Numeracy 74.0% 76.8%
ACEL S3a Literacy 88.0% 85.1%
Numeracy 90.5% 91.0%
Leavers SQA A-Cb
1+ @ Level 4
97.0%
Not available
yet
1+ @ Level 5
87.0%
Not available
yet
1+ @ Level 6
62.0%
Not available
yet 
Attainment Gap - SIMD 1 vs. 5  
Stretch
Aim
2022/23
ACEL P1, P4, P7
Combined
Literacy 23.0% 21.0%
Numeracy 18.0% 15.5%
ACEL S3 Literacy 24.5% 29.2%
Numeracy 17.5% 6.5%
Leavers SQA A-C
1+ @ Level 4
7.0%
Not available
yet
1+ @ Level 5
19.0%
Not available
yet
1+ @ Level 6
44.0%
Not available
yet
Participation rate (%)  9.0%
Not available
yet 
Participation Level  
Stretch
Aim
2022/23
Participation ratec (%) 94.0 95.4 
Health and wellbeing  
Stretch
Aim
2022/23
Primary
Attendance Rate 95.0% 92.5%
Exclusions – Rate per
1,000 3.0 4.2
Secondary
Attendance Rate 91.0% 87.3%
Exclusions – Rate per
1,000 15.0 28.9
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1.2  Core-Plus Stretch Aims 
Attainment - ACEL  
Stretch
Aim
2022/23
P1 Literacy 77.0% 76.7%
Numeracy 81.0% 84.6%
P4 Literacy 74.0% 69.7%
Numeracy 76.0% 74.4%
P7 Literacy 71.5% 68.5%
Numeracy 74.0% 71.4%      
Stretch
Aim
2022/23
P1
Reading 80.0% 82.0%
Writing 77.0% 80.0%
Listening & Talking 87.0% 89.2%
P4
Reading 77.5% 77.4%
Writing 74.0% 73.2%
Listening & Talking 87.5% 88.8%
P7
Reading 76.0% 77.5%
Writing 71.5% 71.9%
Listening & Talking 83.0% 86.1%
S3
Reading 88.8% 90.6%
Writing 88.0% 87.5%
Listening & Talking 89.5% 89.3%    
Attainment - All SCQF  
Stretch
Aim
2022/23
Leavers All
SCQF Awardsd
1+ @ Level 4 96.0% Not available
yet
1+ @ Level 5 86.0% Not available
yet
5+ @ Level 5 65.0% Not available
yet
1+ @ Level 6 60.0% Not available
yet
3+ @ Level 6 50.0% Not available
yet
5+ @ Level 6 35.0% Not available
yet
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Destinations  
Stretch
Aim
2022/23
All Leavers
% Positive
Destinations
97.0% Not available
yet
% ID in Higher
Education
37.5% Not available
yet 
Attainment Gap - FSM vs. Non-FSM  
Stretch
Aim
2022/23
ACEL P1, P4, P7
Combined
Literacy 22.0% 26.5%
Numeracy 20.0% 24.3%
ACEL S3 Literacy 17.0% 28.9%
Numeracy 17.0% 22.2%
Leavers All
SCQF
1+ @ Level 4 7.0% Not available
yet
1+ @ Level 5 18.0% Not available
yet
1+ @ Level 6 38.0% Not available
yet 
2. Midlothian Stretch Aims – 2023/24 – 2026/27 
A rigorous and robust process has been conducted to develop the Stretch aims for 2025/26,
supported by annual trajectory for progress in 2023/24 and 2024/25. All schools have been
involved in the process to set stretch aims for a wider basket of attainment measures to
coincide with Midlothian council’s Raising Attainment Strategy from 2023-2027. These are
fully inclusive within each school’s quality improvement plan.  To support with this, we have
examined the school’s and council’s performance over the past 5 years, and our SEIC and
LGBF comparators against each of these measures, taking account of where we want to be
performing at the end of the four-year period. This is where the core and core-plus stretch
aims have been developed. 
2.1Core stretch aims 
ACEL Literacy combined P1, P4 & P7
Annual
Trajectory
Overall levels SIMD Quintile 1 SIMD Quintile 5 Gap (Q1 –
Q5)
2023/24 71-72% 59.00% 80.00% 21.00%
2024/25 73-74% 60.50% 80.00% 19.50%
2025/26 75.00% 61.50% 80.50% 19.00%
2026/27 77.50% 63.00% 81.50% 18.50% 
ACEL Numeracy combined P1, P4 & P7
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 76-77% 67.00% 83.00% 16.00%
2024/25 78-79% 68.00% 83.50% 15.50%
2025/26 81.00% 69.00% 84.00% 15.00%
2026/27 82.00% 70.00% 84.00% 14.00%
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Leavers SCQF 1+ at Level 5
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 86-87% 67.00% 93.00% 26.00%
2024/25 87-88% 68.50% 93.50% 25.00%
2025/26 89.00% 70.00% 93.5.00% 23.50%
2026/27 90.00% 72.00% 94.00% 22.00% 
Leavers SCQF 1+ at Level 6
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 62-63% 40.50% 83.00% 42.50%
2024/25 64-65% 42.00% 84.00% 42.00%
2025/26 66.00% 44.00% 85.00% 41.00%
2026/27 67.00% 46.00% 86.00% 40.00% 
Participation rate
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 96.00% 91.00% 98.00% 7.00%
2024/25 96.50% 92.00% 98.50% 6.50%
2025/26 97.00% 93.00% 99.00% 6.00%
2026/27 98.00% 94.00% 99.00% 5.00% 
Primary Attendance Rate (%)
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 93.00% 90.00% 95.00% 5.00%
2024/25 93.50% 91.00% 95.50% 4.50%
2025/26 94.00% 92.00% 96.00% 4.00%
2026/27 95.50% 93.00% 96.00% 3.00% 
Secondary Attendance Rate (%)
Annual
Trajectory
Overall
levels
SIMD Quintile
1
SIMD Quintile
5
Gap (Q1 –
Q5)
2023/24 88% 82.00% 92.00% 10.00%
2024/25 89% 83.00% 92.50% 9.50%
2025/26 90.50% 84.00% 93.00% 9.00%
2026/27 92.00% 85.00% 93.50% 8.50% 
2.2 Core-Plus stretch aims 
Annual
Trajectory
ACEL S3
Literacy
ACEL S3
Numeracy
% Positive
Destinations
2023/24 87.00% 91.00% 95.5-96%
2024/25 89-90% 92.00% 96-96.5%
2025/26 90.00% 93.00% 97.00%
2026/27 91.00% 95.00% 98.00% 
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APPENDIX C 
Attainment Summary 
1. ACEL - Literacy & Numeracy 
Table 1 - Percentage of pupils achieving expected CfE levels in Literacy and Numeracy, 2017-
2023 
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat
Ave.
Diff to
Comp
Ave.
Literacyb
P1, P4, P7
Combined
Midlothian 69.90% 65.75% 68.20% 71.60% 4.70% 1.06% 1.70% 0.62% 0.25%
National 70.98% 66.88% 70.54%      
Comparatorsd 71.35% 67.32% 69.72%      
S3c
Midlothian 81.26%  80.70% 85.40% 4.70% -0.14% 4.14% -2.06%
-
3.90%
National 87.46%  85.54%      
Comparators 89.30%  86.08%      
Numeracy
P1, P4, P7
Combined
Midlothian 76.18% 72.80% 76.05% 76.30%
0.25% -1.65% 0.12% -1.65%
-
0.32%
National 77.95% 74.69% 77.95%      
Comparators 76.62% 73.86% 76.93%      
S3
Midlothian 88.68%  88.50% 90.50% 2.00% 1.43% 1.82% 1.35% 0.24%
National 89.15%  89.07%      
Comparators 90.26%  88.19%       
a Average figures for Midlothian, National and Comparators are calculated pre-Covid (2017-19). This is to
enable comparison in primary and secondary and to highlight improvement that is needed in recovery
from the pandemic. 
b Literacy is a combined measure of all literacy components. Pupils must have attained their expected
levels in Reading, Writing and Listening & Talking.
c Data in S3 was not collated in 2021
d The comparators used for analysis are taken from our LGBF family group of councils, which are based
upon the type of population and the type of area. For this report it includes Angus, East Lothian, Moray,
Scottish Borders and Stirling. Further detail on this can be found here. 
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Trend performance
- Overall, the performance in 2022/23 is positive in comparison to the previous
years. For the combined primary stages and S3, literacy and numeracy have
increased from the previous year, literacy in both groups by over 4%, and
figures in all areas are above the pre-pandemic average levels. 
Comparator performance
- The data for the national and comparator authorities has not been published yet
but compared to 2022 figures attainment in literacy for the combined stages is
higher than the national and comparator levels. Numeracy attainment in combined
primary is lower than the National and Comparators rate in 2021/22. There is also
a similar pattern for Numeracy, with a lower rate than the National 
- In S3, attainment in Literacy is lower than the National and comparator figures in
2021/22, however Numeracy attainment is higher than the comparator and
national rate from last year. 
2. ACEL - Primary Literacy & Numeracy by stage 
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Table 2 - Percentage of pupils achieving expected CfE levels in Literacy by Stage, 2017-2023  
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
P1
Midlothian 75.45% 71.93% 70.35% 76.50% 6.15% 2.48% 1.05% 2.25% 1.48%
National 74.25% 70.76% 74.02%        
Comparators 75.02% 71.40% 74.32%        
P4
Midlothian 68.71% 61.07% 65.87% 69.70% 3.83% 2.51% 0.99% 0.75% 1.00%
National 68.95% 63.78% 67.19%         
Comparators 68.70% 63.60% 66.28%         
P7
Midlothian 64.80% 64.06% 68.27% 68.50% 0.23% -2.05% 3.70% -0.44% -1.86%
National 68.94% 66.35% 70.55%        
Comparators 70.36% 67.22% 68.79%         
Table 3 - Percentage of pupils achieving expected CfE levels in Numeracy by Stage, 2017-2023  
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
P1
Midlothian 82.03% 81.74% 81.23% 84.40% 3.17% 0.81% 2.37% 0.14% 2.19%
National 84.26% 81.07% 83.59%         
Comparators 82.21% 80.60% 83.79%         
P4
Midlothian 75.94% 71.32% 72.62% 74.40% 1.78% -0.53% -1.54% -1.42% -0.07%
National 75.82% 71.59% 74.93%         
Comparators 74.47% 70.41% 73.95%         
P7
Midlothian 69.77% 64.53% 73.97% 71.40% -2.57% -4.29% 1.63% -2.34% -1.85%
National 73.74% 71.90% 75.69%        
Comparators 73.25% 71.07% 73.52%         
Trend performance
- For P1 pupils, the percentage of pupils achieving early level in literacy was higher
than last year by 6.15%, and above the pre-pandemic average by 1.05%.
Attainment in Numeracy was also higher than 2021/22 by 3.17% to the second
highest ever level recorded, and 2.37% higher than pre-pandemic average. These
trends highlight strong improvement from a dip in attainment last year. 
- For P4 pupils, attainment in both literacy and numeracy at first level was higher
than 2021/22. The attainment in literacy was also above pre-pandemic levels,
although numeracy was lower than the pre-pandemic average.
- For P7 pupils, attainment in literacy at second level was higher than the previous
year and above the pre-pandemic levels. The rate for and numeracy for 2022/23
despite being lower than last year, was also higher than the pre-pandemic
averages. 
Comparator performance
- For P1, performance in literacy and numeracy was higher than recorded
nationally and by our comparator authorities for 2021/22. It was also higher than
the national and comparator pre-pandemic averages.
- For P4, the attainment in Literacy was higher than the national and comparator
rates for 2021/22 and the pre-pandemic levels. Attainment in numeracy was lower
than the national rate, but higher than the comparators rate for 2021/22. The
attainment was also lower than the national and comparator pre-pandemic
averages.
- For P7, the attainment in both Literacy and Numeracy was lower than the national
and comparators level for 2021/22. The attainment in both areas was also lower
than the national and comparator pre-pandemic levels.
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3. ACEL - Literacy Components by stage
Table 4 - Percentage of pupils achieving expected CfE levels in Reading by Stage, 2017-2023
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
P1
Midlothian 81.79% 77.90% 76.25% 83.30% 7.05% 3.93% 1.51% 2.29% 1.35%
National 81.01% 76.61% 79.37%
Comparators 81.95% 78.37% 81.30%
P4
Midlothian 77.75% 72.01% 73.33% 77.40% 4.07% 1.36% -0.35% -0.06% -0.54%
National 77.46% 73.32% 76.04%
Comparators 77.94% 74.48% 76.47%
P7
Midlothian 76.85% 73.96% 78.35% 77.50% -0.85% -1.83% 0.65% -0.71% -1.57%
National 78.21% 75.74% 79.33%
Comparators 79.07% 76.67% 77.63%
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Table 5 - Percentage of pupils achieving expected CfE levels in Writing by Stage, 2017-2023  
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
P1
Midlothian 78.66% 74.49% 73.01% 75.00% 1.99% -1.86% -3.66% -3.14% -2.65%
National 78.14% 74.05% 76.86%        
Comparators 77.65% 74.35% 77.81%        
P4
Midlothian 71.86% 64.08% 68.98% 73.20% 4.22% 3.52% 1.34% 1.32% 1.33%
National 71.88% 66.67% 69.68%        
Comparators 71.87% 66.76% 69.64%        
P7
Midlothian 67.98% 66.80% 71.60% 71.90% 0.30% -1.02% 3.92% 0.18% -1.09%
National 71.72% 69.01% 72.92%      
Comparators 72.99% 70.50% 71.96%       
Table 6 - Percentage of pupils achieving expected CfE levels in Listening & Talking by Stage,
2017-2023  
Pre-
pandemic
Ave.
2021 2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
P1
Midlothian 88.61% 87.71% 85.38% 88.00% 2.62% 1.86% -0.61% 1.62% 1.09%
National 86.38% 83.96% 86.14%        
Comparators 86.91% 85.61% 87.37%        
P4
Midlothian 83.84% 82.86% 84.79% 88.80% 4.01% 4.26% 4.96% 4.48% 4.50%
National 84.32% 82.04% 84.54%        
Comparators 84.30% 82.47% 84.44%        
P7
Midlothian 80.29% 81.89% 86.06% 86.10% 0.04% 0.40% 5.81% 2.45% 1.16%
National 83.65% 82.32% 85.70%       
Comparators 84.94% 84.03% 85.33%       
Table 7 - Percentage of pupils achieving expected CfE levels in S3 by Literacy component, 2017-
2023  
Pre-
pandemic
Ave.
2022 2023 Diff to 22 Diff to
Nat 22
Diff to
Ave.a
Diff to
Nat Ave.
Diff to
Comp
Ave.
Reading
Midlothian 85.32% 87.30% 89.30% 2.00% 0.91% 3.98% -0.87% -2.55%
National 90.17% 88.39%          
Comparators 91.85% 89.44%          
Writing
Midlothian 82.63% 85.10% 87.50% 2.40% 0.15% 4.87% -1.49% -3.37%
National 88.99% 87.35%          
Comparators 90.87% 87.90%          
Listening &
Talking
Midlothian 86.58% 85.80% 89.30% 3.50% 0.01% 2.72% -1.86% -3.76%
National 91.16% 89.29%      
Comparators 93.06% 90.43%       
Trend performance
- For Reading, attainment in P1 and P4 improved in 2022/23 from the previous
year. In P1 there was a 7.05% increase in pupils attaining early level, which was a
1.51% increase from pre-pandemic levels.  In P4 there was 4.07% increase in
pupils attaining first level from last year, although this was lower than the pre-
pandemic average.
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In P7, there was a 0.85% decrease from 2020/21 in pupils attaining second level
however this was an 0.65% increase from pre-pandemic levels. In S3, there was
a 2.00% increase in pupils attaining third level from last year to the highest level
ever recorded, which was also 3.98% higher than the pre-pandemic average.  For
Writing, there was improvement in all three primary stages. In P1 there was
improvement from last year (1.99%), but this was still lower than the pre-
pandemic average. In P4 attainment increased from last year (4.22%) and was
higher than the pre-pandemic average (1.34%). In P7 there was an increase from
last year (0.30%) and the pre-pandemic average (3.92%). For S3, there was an
increase from last year by 2.40% and above pre-pandemic level by 4.87%.
- For Listening and Talking, there was an increase in attainment in P1, P4 and P7
from the previous year and pre-pandemic levels. Most notably this was in P4,
where there was an increase of 4.01% from 2021/22 and 4.96% from pre-
pandemic levels, to the highest ever level recorded. In S3, there was an increase
of 3.50% from last year to the second highest level recorded, which is also 2.72%
above the pre-pandemic levels. 
Comparator performance
- For Reading, the percentage of pupil achieving their expected levels in P1, P4
and S3 were higher than the national and comparator figures for 2021/22. In
addition, P1 attainment was higher than the national comparator pre-pandemic
levels. In P7 however, whilst the attainment was lower than the national and
comparator figures for 2021/22 and the national and comparator pre-pandemic
levels. 
- For Writing, in P1 and P7 the percentage of pupils achieving their expected levels
was lower than the national and comparator figures for 2021/22, as well as being
lower than the pre-pandemic averages. The attainment however was higher in P4
and S3 than the national and comparator levels for last year, as well as pre-
pandemic levels for P4 pupils.
- For Listening and Talking, the attainment in P1, P4 and P7 was higher than the
national and comparator rates for 2021/22 and pre-pandemic levels. In S3, whilst
attainment was higher than the national and comparator figures for 2021/22 it was
still lower than pre-pandemic levels for both comparator groups.
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4. ACEL – Attainment Gap 
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Table 8 – ACEL Attainment Gapa of percentage of pupils achieving expected CfE levels, FSMb vs.
Non FSMc, 2017-2023  
Pre-
pandemic
Ave.
2021 2022 2023 Diff to
22
Diff to
Ave.
Primary
Combinedd 
Literacy 26.82% -32.24% -26.83% -26.53% -0.30% -0.29%
Numeracy 22.44% -27.98% -24.29% -25.11% 0.82% 2.67%
Reading 22.81% -27.91% -24.64% -28.57% 3.93% 5.76%
Writing 26.12% -30.42% -26.48% -25.01% -1.47% -1.11%
L&T 18.93% -21.62% -14.35% -13.98% -0.37% -4.95%
S3e
Literacy 22.94%  -28.88% -28.57% -0.31% 5.63%
Numeracy 16.35%  -22.19% -16.51% -5.68% 0.16%
Reading 19.49%  -25.12% -19.67% -5.45% 0.18%
Writing 21.14%  -26.94% -26.97% 0.03% 5.83%
L&T 17.42%  -21.03% -24.57% 3.54% 7.15% 
a The attainment gap is shown here as a differential of the percentage of pupils attaining their
expected level in receipt of free school meals versus those not in receipt of free school meals
(i.e. 45.80% of FSM cohort attaining expected levels in literacy – 72.64% of non-FSM cohort
attaining expected levels in literacy = -26.83% attainment gap). Note that FSM is used as the
measure of deprivation to give a more representative spread across Midlothian and the fact that
SIMD is not an effective measure in all areas of the authority.
b FSM = pupils registered for free school meals
c Non-FSM = pupils not registered for free school meals
d Primary combined is all pupils in P1, P4 and P7 stages
e Note no data collected in 2021 for S3 pupils
* Note there is no comparable data currently available nationally and for other authorities to
allow us to look at how Midlothian compares. 
Trend performance
- In primary combined for literacy, writing and listening and talking the attainment
gap has decreased in 2022/23 to the previous year, as well as from the pre-
pandemic levels. The biggest decrease from last year is in writing, with listening
and talking also demoting a 4.95% decrease from pre-pandemic levels. For
numeracy and reading, there has been a widening of the attainment gap
compared to last year, and to the pre-pandemic average.
- In S3, there was a narrowing in the attainment gap from last year for literacy (by
0.31%), numeracy (by 5.68%) and reading (by 5.45%). For writing and listening
and talking, however there was an increase in the attainment gap. In all the
measure there has been a widening of the attainment gap from the pre-pandemic
average. There is variance in this change however, with literacy increasing by
5.63% and numeracy only by 0.16%.
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5. Insight - Literacy and Numeracy Combined by stage 
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22 
Table 9 – Percentage of pupils attaining Literacy and Numeracy at SCQF levels 3+, 4+,
5+ and 6+ by stage, 2018-2023    
Year
S4 S5 S6
3+ 4+ 5+ 3+ 4+ 5+ 6+ 4+ 5+ 6+
Midlothian
2018 93.21 81.59 49.83 95.71 88.13 60.77 15.16 85.64 64.56 17.67
2019 95.25 86.74 53.37 94.88 86.32 59.4 14.13 86.5 61.96 18.07
2020 96.11 88.23 62.13 95.44 88.82 61.56 17.16 84.96 61.44 16.86
2021 93.47 87.56 54.51 95.72 89.91 67.18 18.55 89.45 63.08 19.45
2022 93.85 88.09 57.25 93.55 87.91 63.11 14.96 89.51 67.51 19.78
2023 93.88 89.52 62.24 96.17 90.72 64.11 15.79 87.93 64.42 18.3
Diff to 2022 0.03 1.43 4.99 2.62 2.81 1 0.83 -1.58 -3.09 -1.48
Diff to Mid
Ave.a  -0.35 5.36 10.64 0.88 3.50 4.03 1.15 1.86 1.16 0.43
Diff to VC Ave. 4.89 6.49 12.14 2.57 2.34 2.59 -3.56 -1.35 -0.97 -4.81
Diff to Nat
Ave. 4.92 6.52 10.97 3.21 3.03 2.00 -4.54 -0.11 0.48 -4.50
Virtual
Comparatorb 
2018 88.9 82.97 47.45 94.02 88.16 61.36 18.43 89.43 65.63 23.49
2019 89.08 83.09 52.75 93.19 88.6 61.68 20.26 89.12 65.16 22.73
2020 91.6 86.07 58.72 92.81 87.97 66.26 21.7 89.31 65.81 24.21
2021 90.23 84.3 52.78 94.37 89.91 68.88 22.26 88.33 68.1 25.22
2022 90.19 85.01 56.09 93.09 88.59 65.38 20.03 90.34 70.97 25.64
2023 89.77 85.07 57.99 93.53 89 66.34 20.18 89.21 67.38 23.78
National
2018 88.59 82.44 49.15 93.51 87.95 61.78 19.47 87.61 63.22 22.36
2019 89.33 83.57 53.39 92.42 87.43 62.44 21.18 88.48 64.67 23.24
2020 92.22 86.02 57.17 92.75 88.1 66.42 22.14 87.92 65.61 24.88
2021 90.54 84.34 52.8 94.32 89.29 67.26 21.61 88.61 68.58 25.51
2022 90.23 84.84 57.39 92.88 87.98 65.41 20.56 89.65 69.51 24.67
2023 90.48 85.72 60.05 92.6 88.02 66.68 21.14 88.33 67.12 23.75 
Source: Insight update (September 2023)
a Average figures for Midlothian, National and Comparators are calculated pre-Covid (2017-19). This is
to enable comparison in primary and secondary and to highlight improvement that is needed in
recovery from the pandemic.
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b Insight allows schools to compare their performance to the performance of a virtual comparator. The
virtual comparator is made up of pupils from schools in other local authorities who have similar
characteristics to the pupils in your school.
* Note that to be included in the figures pupils must have attained both literacy and numeracy
qualifications at the same SCQF level. Each year group is based upon the S4 stage roll. Cells are
shaded according to Insight statistically significant testing in the following way: Lower than the Virtual
Comparator; Much Lower than the Virtual Comparator; Greater than the Virtual Comparator; Much
Greater than the Virtual Comparator. 
Trend performance
- For S4, there is a positive trend at all levels, with an increase in 2022/23 from the
previous year in the percentage of pupils attaining awards at SCQF level 3, 4 and
5. At levels 4 and 5, there was an increase in the pre-pandemic average, the
biggest seen at level 5 with a 10.97% increase.
- For S5 in 2022/23, there was an increase in the percentage attaining literacy and
numeracy in all SCQF levels from 2021/22, the biggest increase was at level 4
(2.81%). In addition, there was an increase at all levels from the pre-pandemic
average, with the greatest increase at level 5 (3.50%).
- For S6 there was decreases in attainment at levels 4, 5 and 6 from last year, most
notably at level 5 with 3.09% reduction. Despite this decline, at each level the
figures are higher versus the pre-pandemic averages. 
Comparator performance
- In S4 the positive performance in all three levels have resulted in higher levels
versus the virtual comparator and national figures for 2022/23, as well as higher
figures versus the pre-pandemic averages. The attainment for levels 3+, 4+ and
5+ there are over 4% higher than the virtual comparator rates. At levels 3+ and 4+
the performance is significantly greater than the virtual comparator, which was the
same as last year.
- For S5, performance continues to be strong at SCQF level 3 and 4, with higher
rates in 2022/23 than the virtual comparator and national level, with the
percentage attaining level 3+ being significantly greater than the VC. At levels 5
and 6 however the percentage attaining literacy and numeracy is lower than the
virtual comparator and national level for 2022/23. Level 6 is significantly lower
than the virtual comparator.
- For S6 the performance in 2021/22 is lower than the virtual comparator and
national at each of the levels. For level 6 this is significantly lower than the virtual
comparator. Attainment at this level is also lower than the VC (by 4.50%) and
National (4.81%) pre-pandemic levels.
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6. Insight – Improving Attainment for All
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25 
Table 10 – Improving Attainment for Alla shown for the average complementary tariff
score by stage, 2018-2023  
Year
S4 S5 S6
Lowest
20%
Middle
60%
Highest
20%
Lowest
20%
Middle
60%
Highest
20%
Lowest
20%
Middle
60%
Highest
20%
Midlothian
2018 111 295 425 126 472 926 110 562 1185
2019 104 294 423 118 456 929 120 535 1213
2020 103 319 440 107 478 959 113 529 1198
2021 100 317 428 114 530 984 112 569 1329
2022 108 303 426 108 493 946 114 609 1295
2023 113 313 421 120 462 948 106 549 1245
Diff to 2022 5 10 -5 12 -31 2 -8 -60 -50
Diff to Mid Ave. 5.50 18.50 -3.00 -2.00 -2.00 20.50 -9.00 0.50 46.00
Diff to VC Ave. 12.00 7.00 -4.00 -9.00 -52.00 4.00 -37.00 -90.00 -27.50
Diff to Nat Ave. 13.00 3.00 -4.00 -7.00 -59.00 -5.00 -30.50 -73.00 -22.50
Virtual
Comparator
2018 104 304 424 132 525 944 147 654 1292
2019 98 308 426 126 503 944 139 624 1253
2020 109 334 428 117 544 978 131 622 1293
2021 106 330 430 134 586 996 120 654 1323
2022 105 319 426 126 540 966 139 684 1313
2023 99 315 425 123 522 962 132 635 1283
National
2017 101 309 425 134 530 952 135 625 1273
2018 99 311 425 120 512 954 138 619 1262
2019 109 330 428 119 552 980 124 625 1300
2020 105 330 429 131 574 992 124 669 1335
2021 104 323 426 124 543 971 135 668 1309
2023 103 321 426 119 530 966 127 629 1290 
Source: Insight update (September 2023)
a Improving Attainment for All is a benchmarking measure that displays the average complementary tariff
score for the lowest 20%, middle 60% and highest 20% of attainers within the cohort. The overall aim of
this measure, is to have pupils attain as highly as possible 'across the board', with all qualifications on the
SCQF framework given a tarrif score based on level and attainment.
* Note that each year group is based upon the S4 stage roll. Cells are shaded according to Insight
statistically significant testing in the following way: Lower than the Virtual Comparator; Much Lower than
the Virtual Comparator; Greater than the Virtual Comparator; Much Greater than the Virtual Comparator. 
Trend performance
- For S4, the performance in 2022/23 in the lowest 20% and middle 60% cohorts
saw improvement compared to the previous year. Attainment in these cohorts
also was higher than the pre-pandemic levels. The attainment of the highest 20%
of S4 pupils however decreased from last year and was lower than the pre-
pandemic average.
- For S5, the lowest 20% and highest 20% cohorts showed improvement from the
previous year, with the highest 20% above the pre-pandemic average. The middle
60% however were lower than last year, and below the pre-pandemic average.
- For S6 there a decrease in attainment for all three cohort groups from 2021/22.
The middle 60% and highest 20% however were higher than the pre-pandemic
average. 
Comparator performance
- There is similar performance in all stage groups in comparison to the virtual
comparator and national figures. The area of most concern in the middle 60%
cohort, where performance in 2022/23 was significantly lower than the virtual
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comparator in S4, S5 and S6. Is has also been significantly lower than the virtual
comparator each of the past four years.
- In the lowest 20% cohort the attainment of S6 in 2022/23 was significantly lower
than the virtual comparator, as well as being lower than the national figure. The
highest 20% attainment in all three stages is also lower than the VC and national
levels, although not statistically significantly lower.
7. Insight – Leaver Initial Destinations
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Table 11 – Initial Positive Destinationsa for all school leavers and by type of destination, 2018-
2022  
2018 2019 2020 2021 2022 Diff to
21
Diff to
Mid
Ave.
Diff to
VC
Ave.
Diff to
Nat Ave.
Positive
Destination
Midlothian 94.35 93.8 94.47 95.44 95.5 0.06 1.42 1.45 0.78
Virtual
Comparator
94.29 93.94 93.1 94.87 95.39    
National 94.4 95.06 93.36 95.49 95.74    
%
Employed
Midlothian 33.33 35.78 20.21 32.73 35.2 2.47 0.65 11.04 12.41
Virtual
Comparator
23.79 24.53 17.61 25.51 27.74    
National 22.67 22.92 16.18 22.58 25.11    
% Further
Education
Midlothian 22.04 25.57 34.49 21.89 20.4 -1.49 -3.41 -8.93 -6.50
Virtual
Comparator
28.74 29.92 31.26 25.71 27.51    
National 26.53 27.27 28.06 23.29 25.45    
% Higher
Education
Midlothian 34.11 29.82 35.78 35.12 36.13 1.01 4.17 0.36 -4.65
Virtual
Comparator
37.55 33.99 38.7 38.7 36.15    
National 41.2 40.35 44.2 45.11 41.27     
Source: Insight update (September 2023)
a Initial Positive Destinations benchmarks the percentage of school leavers that enter a positive
initial destination approximately 3 months after leaving school. A positive destination includes
Higher Education, Further Education, Training, Voluntary Work, Employment and Activity
Agreements.
* Note that initial positive destination data is published following the February Insight refresh
only, so this data related to the session 2021/22. 
Trend performance
- The initial positive destinations for the latest information in 2021/22 was the
highest ever recorded in Midlothian at 95.50%, this was an increase of 0.06%
from the previous year and to the pre-pandemic average of 1.42%.
- The percentage of school leavers entering employment increased by 2.47% in
2021/22 from the previous year and was above the pre-pandemic average. As a
result of this the percentage of school leavers in further or higher education is
lower, however the percentage entering higher education increased by 1.01%
from 2020/21 and is higher than the pre-pandemic figures. 
Comparator performance
- The percentage of school leavers in a positive destination in 2021/22 was higher
than the virtual comparator, but slightly lower than the national rate.  It was
however higher than the virtual comparator and national averages. 
- The percentage of school leavers in employment for 2021/22 was the highest
compared to the virtual comparator and national figures. Due to this the
percentage in further and higher education is lower compared to these groups,
however the figure entering higher education for 2021/22 is very similar to the
virtual comparator. Despite this there are still over 5% fewer leavers in higher
education compared to the national figures in 2020/21. 
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8. Insight – Breadth and Depth 
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29 
Table 12 – Breadth and Deptha of all candidates in S4, 2018-2023 
2018 2019 2020 2021 2022 2023 Diff to
22
Diff to
Mid
Ave.
Diff to
VC
Ave.
1 or more
awards at
Level 5
Midlothian 78.37% 79.45% 82.40% 82.90% 82.23% 85.53% 3.30% 6.62% 2.89%
Virtual
Comparator
82.30% 82.99% 85.76% 85.03% 84.80% 84.20% -0.60%  
5 or more
awards at
Level 5
Midlothian 46.56% 48.91% 56.72% 53.37% 53.21% 53.34% 0.13% 5.61% 9.93%
Virtual
Comparator
43.38% 43.43% 51.38% 49.33% 47.84% 52.28% 4.44%   
Table 13 – Breadth and Depth of all candidates in S5, 2018-2023 
2018 2019 2020 2021 2022 2023 Diff to
22
Diff to
Mid
Ave.
Diff to VC
Ave.
1 or more
awards at
Level 6
Midlothian 52.3% 55.3% 54.8% 61.9% 57.2% 54.45% -2.72% 0.66% -6.31%
Virtual
Comparator
60.3% 61.2% 64.1% 67.8% 64.0% 62.89% -1.12%  
3 or more
awards at
Level 6
Midlothian 35.0% 37.8% 38.3% 45.0% 41.3% 37.32% -3.97% 0.93% -3.29%
Virtual
Comparator
39.8% 41.5% 45.3% 48.9% 45.7% 44.11% -1.56%  
5 or more
awards at
Level 6
Midlothian 15.3% 18.2% 20.6% 23.8% 20.4% 18.95% -1.44% 2.20% -1.31%
Virtual
Comparator
19.3% 21.3% 23.7% 25.4% 23.4% 24.08% 0.68%   
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Table 14 – Breadth and Depth of all candidates in S6, 2018-2023 
2018 2019 2020 2021 2022 2023 Diff to
22
Diff to
Mid
Ave.
Diff to
VC Ave.
1 or more
awards at
Level 6
Midlothian 58.4% 56.0% 58.9% 57.9% 63.4% 58.49% -4.88% 1.27% -7.39%
Virtual
Comparator 66.4% 65.3% 66.2% 67.1% 70.2% 67.14% -3.09%  
3 or more
awards at
Level 6
Midlothian 43.7% 43.0% 45.7% 47.3% 50.9% 45.30% -5.56% 1.95% -5.11%
Virtual
Comparator 51.0% 49.8% 51.8% 53.5% 56.0% 52.99% -2.97%  
5 or more
awards at
Level 6
Midlothian 30.1% 28.5% 33.0% 33.3% 37.9% 32.11% -5.83% 2.81% -3.80%
Virtual
Comparator 36.4% 35.5% 37.7% 40.4% 41.1% 39.03% -2.04%  
1 or more
awards at
Level 7
Midlothian 17.4% 18.0% 19.0% 24.5% 26.8% 21.17% -5.67% 3.51% -1.86%
Virtual
Comparator 24.2% 21.9% 23.7% 26.6% 27.6% 25.69% -1.94%   
Source: Insight update (September 2023)
a Breadth and Depth shows the number of awards per SCQF Level, which has been attained
by all candidates. Note that all award providers contribute to this SCQF measure, as do D
grades in SQA courses. 
Trend performance
- For S4, the percentage of all pupils attaining 1 or more awards at SCQF level 5
increased from last year by 3.30% to the highest level in 6 years, with the rate
now 6.62% higher than pre-pandemic levels. For 5+ awards at level 5 there was a
slight increase from the 2021/22 figure, with it now being 5.61% higher than pre-
pandemic levels.
- For S5, there was a reduction in attainment in all three key measures compared
to last year, but all show an increase versus the pre-pandemic levels. 1+ awards
at level 6 was down 2.72% and 3+ awards decreasing by 3.97%.
- For S6 in 2022/23 all four key measures were lower than the previous year, with
over 5% reduction in 3+ and 5+ awards at level 6, and 1+ awards at level 7.
Despite this there was an increase in all measures from the pre-pandemic
averages. 
Comparator performance
- In S4 the performance in 1+ and 5+ awards at level 5 in 2022/23 was higher than
the virtual comparator and the pre-pandemic figures. For 5+ awards the 2022/23
rate was 9.93% higher than the virtual comparator pre-pandemic average.
- In S5 attainment all three key measures were lower than the Virtual comparator in
2022/23. It was 8.4% lower for 1+ awards, 6.8% lower at 3+ awards and 5.1%
lower at level 6. The attainment for all measures was also lower than the pre-
pandemic virtual comparator averages. 
- For all measures at S6 the attainment was below the Virtual comparator in
2022/23. Attainment was also lower than the pre-pandemic averages. 
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Midlothian Council
Tuesday 19 December 2023
Item No 8.11 
Annual Procurement Report 2022/23         
Report by Kevin Anderson, Executive Director, Place 
Report for Information 
1 Recommendations 
The Council is asked to: 
i. note the Annual Procurement Report on regulated procurements
during 2022/23 to be published on the Council's website; and 
ii. note the current and planned strategy development and
transformation activity for 2023/24. 
2 Purpose of Report/Executive Summary 
This report presents the Annual Procurement Report on regulated
procurements during 2022/23 prior to being published on the Council’s
website, alongside information on planned and future procurement
activity. 
Date 22 November 2023 
Report Contact:
Alan Turpie, Legal and Governance Manager.
alan.turpie@midlothian.gov.uk 
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2 
3 Main Report 
Annual Procurement Report
3.1 Where a public organisation is required to prepare a procurement
strategy or review an existing one, for example, and if it has an
estimated value of regulated procurement spend of £5 million or more
(excluding VAT) in a financial year, it must also publish an annual
procurement report. 
3.2 The annual procurement report should be relevant and proportionate,
providing transparency of its purchasing activities. The annual report
monitors the authority’s regulated procurement activities against
delivery of its procurement strategy. This Annual Procurement Report
for the 2022-2023 financial year is attached as Appendix B to this
report.
3.3 The Procurement Reform (Scotland) Act 2014 lists the minimum
requirements that the Annual Procurement Report must contain:
1. a summary of the regulated procurements that have been
completed during the period of the report;
2. a review of whether those procurements complied with the
Council’s procurement strategy;
3. to the extent that any regulated procurements did not comply, a
statement of how the authority intends to ensure that future
procurements do comply;
4. a summary of any community benefits requirements imposed as
part of a regulated procurement that were fulfilled during the
year covered by the report;
5. a summary of any steps taken to facilitate the involvement of
supported businesses during the year covered by the report;
6. a summary of regulated procurements the authority expects to
award in the next two financial years;
7. such other information as the Scottish Ministers may specify. 
The Midlothian Council Annual Procurement Report 2022/23 complies
with the above statutory requirements. 
Strategy development and transformation
3.4 Procurement is recognised as a strategic enabler to transformation and
is a key theme within the Council’s Transformation Blueprint (Theme 1
– Follow the Money). This theme takes a closer look at contract
management, commissioning and further developing local supply
chains. The Council’s current Procurement Strategy has been
extended to 2024 and work is ongoing to refresh the strategy to take
into account these key areas of focus. 
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3 
3.5 In early 2023, a dedicated resource was identified as part of the
Building Maintenance Service (BMS) Transformation Programme. A
review of the BMS procurement pipeline was carried out, and a number
of contracts were identified for refresh and retendering; to provide
better value for money and enable procurement through lots to offer
local businesses opportunities to tender for contracts. This work is
supported by Economic Development, delivering local ‘Meet the Buyer’
events and providing advice and support to build capacity within local
businesses. 
3.6 As part of the Blueprint, focussed work has commenced within Health
and Social Care, reviewing the commissioning process and identifying
where contracts should be retendered to achieve efficiencies in service
delivery and resourcing. This work is ongoing and progress is reported
through the Business Transformation Steering Group.
3.7 Progressive procurement of goods and services is one of the five pillars
of Community Wealth Building. As an anchor organisation, the Council
holds significant spending power which needs to be adapted to
recirculate wealth locally and enable local employment and promote
socio-economic gains for Midlothian. The Council is currently
developing a Community Wealth Building Strategy to ensure that
advantage is harnessed for its communities. This will be reported back
to Council in 2024. 
3.8 Midlothian is part of the Edinburgh and South East of Scotland City
Region Deal (ESESCRD), where a collective approach to Community
Benefits is being developed. A new community benefits portal was
launched in 2023 to enable more qualitative community engagement
on anticipated contract benefits for all public sector bodies within the
Deal. The Council’s benefits schedule is being reviewed to explore
options for more activities to tackle poverty and inequality, and it is
anticipated that the revised Community Benefits process will be
presented in 2024 for approval and adoption. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource
There are no resource implications arising from this report. 
4.2 Digital 
There are no digital implications arising from this report. 
4.3 Risk
There are no risk implications arising from this report. 
4.4 Ensuring Equalities (if required a separate IIA must be completed)
This report does not recommend any change to policy or practice and
therefore does not require an Equalities Impact Assessment. 
4.5 Additional Report Implications 
See Appendix A 
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4 
Appendices 
Appendix A – Additional Report Implications
Appendix B – Annual Procurement Report 
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5 
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan
Not applicable 
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 report does not directly impact on Delivering Best Value 
A.5 Involving Communities and Other Stakeholders
Relevant colleagues and stakeholders have been consulted in the
development of the Annual Procurement Report 
A.6 Impact on Performance and Outcomes
The report does not directly impact on Midlothian Council’s
performance and outcomes 
A.7 Adopting a Preventative Approach
Not applicable 
A.8 Supporting Sustainable Development
Not applicable 
APPENDIX B 
Annual Procurement Report 
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Midlothian Council Annual Procurement Report
(1st April 2022 – 31st March 2023) 
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Contents 
• Introduction 
• Summary of Regulated Procurement 
• Review of Regulated Procurement Compliance 
• Community Benefit Summary 
• Supported Business Summary 
• Future Regulated Procurements Summary 
• Review of Midlothian’s Procurement Strategy 2018 – 2023
• Appendix 1: Regulated Procurements Completed (1st April 2022 – 31st March 2023)
• Appendix 2: Regulated Procurement Forward Plan (1st April 2023 – 31st March 2025) 
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Introduction 
The Procurement Reform (Scotland) Act 2014 requires any public contracting authority such
as Midlothian Council that is required to publish a procurement strategy also to prepare and
publish an annual procurement report on all regulated procurement activities. 
The annual procurement report is intended to: 
1. Aid visibility of procurement activities 
2. Be a mechanism for conveying how the Council is meeting legislative requirements;
and 
3. Outline how the Council’s procurement activity is contributing to the delivery of its
broader aims and objectives. 
Section 18(2) of the Procurement Reform (Scotland) Act 2014 details the minimum content
of the annual procurement report: 
• A summary of regulated procurements completed during the year 
• A review of whether those procurements complied with the authority’s procurement
strategy 
• Where any procurements did not comply, a statement of how the authority intends
to ensure future regulated procurements do comply 
• A summary of community benefit requirements imposed as part of the regulated
procurement that were fulfilled during the year 
• A summary of any steps taken to facilitate involvement of supported businesses 
• A summary of regulated procurements the authority expects to commence in the
next 2 financial years 
This procurement report will review Midlothian’s Procurement Strategy 2018-2023 and
evaluate the organisation’s procurement activity and further supports Midlothian Council’s
commitment to transparency within its procurement activity. 
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Summary of Regulated Procurements 
Section 18(2) of the Procurement Reform (Scotland) Act 2014 requires organisations to
include “a summary of the regulated procurements that have been completed during the
year covered by the report”. 
Regulated procurement refers to any procurement above £50,000 for goods and services or
£2,000,000 for works. A regulated procurement is completed when the award notice is
published or where the procurement process otherwise comes to an end. Regulated
procurements can refer to new contracts and framework agreements but also to mini-
competitions and call-offs from existing framework agreements. 
The principle of transparency requires an organisation to approach its public procurements
in an open and inclusive manner. 
During the period of this annual procurement report (1st April 2022 – 31st March 2023)
Midlothian Council carried out the regulated Procurements found in Appendix 1 and
provides a high level summary which includes: 
1. The date of award 
2. The name of the supplier(s) 
3. Title of contract 
4. Estimated value of contract/framework 
5. Contract start date 
6. Contract end date 
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Review of Regulated Procurement Compliance 
Section 17 of the Act requires all regulated procurements to be carried out in line with the
organisation’s procurement strategy. Section 18(2) states that an annual procurement
report must include a “a review of whether those procurements complied with the
authority’s procurement strategy” and “the extent to which any regulated procurements did
not comply, and a statement detailing how the organisation will ensure that future
regulated procurements do comply”. 
Prior to the commencement of any regulated procurement exercise a commodity strategy is
developed. Commodity strategies are reviewed as part of the governance procedures. This
involves a review by the project team and various members of management to ensure
commodity strategies reflect and adhere to the values and principles set out in the overall
procurement strategy. Commodity strategies reflect Midlothian Council’s procurement
strategy and ensure that the procurement exercise follow a journey that embeds our
organisation’s principles, values and objectives. 
This methodology aims to ensure that all regulated procurements align with the
Procurement Strategy. Furthermore, our approach to strategic procurement in this way
maximises the added value potential in each and every procurement exercise. 
Following the appointment of a new team lead earlier in the year, a review into the
templates used for pre-procurement strategies and post-procurement recommendation
reports will be undertaken. We continually strive to strengthen and develop our internal
governance and recognise that strategy development is crucial in the creation of our
contracts and frameworks.
To ensure suppliers (locally and nationally) are paid timeously the Council is committed to
paying all suppliers within 30 days. Prompt payment clauses requiring a 30 day payment
term are embedded within our contractual terms and conditions. Suppliers are required to
apply the same terms and conditions with their subcontractors who are supporting and
delivering the council contract. During the reporting period 2022/23 the Council paid 90% of
invoices within agreed timescales. The Council has also instigated an increased programme
of e-invoicing which will assist in ensuring the timeous payment of contractors.
The combined strategy development and procurement processes in place ensured that all
regulated procurements were undertaken in compliance with the legal and procedural
framework, and as a result in compliance with our overarching Procurement Strategy. 
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Community Benefit Summary 
Section 18(2) of the Procurement Reform (Scotland) act states that it is mandatory for the
annual procurement report to include a summary of any community benefit requirements
imposed as part of a regulated procurement that were fulfilled during the year covered by
the report. 
Section 25 of the Procurement Reform (Scotland) Act 2014 mandates that all contracting
authorities must consider whether to impose community benefit requirements as part of
the procurement when the estimated contract value is greater than or equal to £4,000,000.
However, community benefits are a key objective of the Council’s Procurement Strategy
2018-2023 meaning all appropriate procurements must consider community benefits during
the commodity strategy stage. 
Incorporating community benefits into our procurement activity recognises that we
contribute to the delivery of social and environmental benefits. Suppliers are required to
make a community benefits submission as part of their overall tender submission.
Community benefits secured through the procurement process are recorded and monitored
over the lifetime of the contract. This is currently recorded on the Cenefits software system.
Key community benefit outcomes secured during the reporting period include: 
• Targeted recruitment and training eg. jobs, training, work experience, job shadowing
opportunities, apprenticeships for young persons and unemployed individuals
• Community Consultation, engagement and strengthening community relations
• Sponsorship of local organisations 
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Supported Businesses Summary 
Section 18(2) of the Procurement Reform (Scotland) Act 2014 requires organisations to
include a summary of any steps taken to facilitate the involvement of supported businesses
in regulated procurements during the year covered by the report. 
Supported Businesses make an important contribution to the Scottish economy, through the
goods and services they deliver, but also by providing meaningful employment, training and
social support for those who otherwise may be excluded from the workplace. 
The council’s procurement manual instructs that consideration be given to inclusion of
supported businesses in all regulated procurements. In addition, the procurement page on
the Council’s intranet site includes details of supported businesses who currently have
contracts with Scottish Government and Scotland Excel. 
During the reporting period 2022/23 there were no regulated Midlothian procurements
awarded to supported business. The reason for this is that the goods, services or works
associated with the awarded contracts over the reporting period are not currently provided
by existing supported businesses. 
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Future Regulated Procurements Summary 
Section 18(2) of the Procurement Reform (Scotland) Act 2014 states that is mandatory that
the annual procurement report must include a summary of the regulated procurements the
authority expects to commence in the two financial years following the end of the reporting
period. 
Acting in a transparent and proportionate manner is an effective way by which an
organisation can encourage competition and achieve better value for money in its
procurements. It promotes wider participation in the public procurement process and this
information will give notice to suppliers of future opportunities. 
Future regulated procurements have been identified via the following means: 
1. Current contracts on the council’s contract register that will expire and need to be
extended or re-let over the next two years. 
2. New procurements identified via future work plans provided by Council service
teams. 
A full list of anticipated procurements in the next two years can be seen in Appendix 2. 
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Review of Midlothian’s Procurement Strategy 2018 – 2023
Midlothian’s 2018-2023 strategy consisted of 3 main themes;
1. Economic – Supporting the local economy
2. Social - Deliver safe, quality and innovative services that meet citizens’ needs
3. Commercial Efficiency and Contract & Supplier Management – Securing best value
for money
Economic
The Procurement Team has published a Local/SME Procurement Strategy in conjunction
with Economic Development colleagues. The two teams continue to work in partnership to
limit any barriers or obstacles which would have been preventing local businesses from
participating in Council contracts.
Without question, this area can be developed considerably but in the last 2 years, limited
resource within the Procurement Team has prevented progress and minimised opportunity
for growth.
Social
The Cenefits system was implemented as a means of recording Community Benefits (CBs).
This was a partial success in that the system offers a clean way of recording/tracking CBs.
However, resource remains a challenge from both Council and Supplier side in relation to
the execution of the CB. Midlothian are actively exploring alternative solutions.
Community Benefits are included in every competitive procurement as standard. As are Key
Performance Indicators and Service Level Agreements where appropriate and
proportionate.
Commercial Efficiency and Contract & Supplier Management
The Procurement Team continue to work closely with Scotland Excel, Scottish Procurement
(Scottish Government) and Crown Commercial Services to establish best value for money
solutions. In addition, cross Council collaborations remain in place for certain contracts.
The team is currently split into 3 Categories;
1. People and Partnerships
2. Construction & Commercial Operations
3. Corporate
It is unlikely however that a full Category Management approach to these areas can be
credibly claimed. The nature of the work has resulted in reactive methodologies as opposed
to the proactive approach Category Management requires. A further procurement officer
has been recruited to assist in the redevelopment of the Council’s Building Maintenance
Service. There is an ongoing proposal to recruit additional procurement officers and
potentially to change the structure from 3 to 4 Categories which should be more
manageable.
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The review of the 2018 – 2023 Strategy was considered at the meeting of Midlothian
Council on 21 March 2023 when the Council agreed to continue the Strategy until 31 March
2024 when it would be subject to further review. 
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Appendix 1 
Compliant Regulated Procurements Overview between 1st April 2022 to 31st March 2023 
Ref Project Name Description Supplier Contract
Value
PCS Award
Date
PCS
Award
Ref
Contract
Start Date
Contract End
date
NCA/22/14 Family Support
including Befriending &
Hosting
Family Support
including Befriending &
Hosting
Safe Families for
Children Scotland
£240,000   01/04/2022 31/03/2024
NCA/22/53 Community Food
Support
Community Reheatable
Food Support for
Families
British Red Cross £52,009.75   23/01/2023 20/03/2023
NCA/23/06 Chair/Consultant of the
EMPPC
Chair Consultant for
Public Protection
Committee
KM Public
Protection Ltd
£67,200   10/04/23 06/04/25
MID/22/11 Bonnyrigg Community
Hospital Garden Work
Placements
Supervised Work
Placements for Clients
completing CPO’s
Edinburgh
Cyrenians
£63,980   01/04/22 31/03/23
MID/22/17 Implementation of
Medication Assistant
Treatment
Implementation of
Medication Assistant
Treatment
MELD £240,000  01/11/2022 31/10/25
MID/22/14 Advocacy &
Consultation Services
Advocacy Support for
Adults
CAPS Independent
Advocacy
£221,295.46   01/04/22 31/03/24
MID/22/12 Arrest Referral Service Arrest Referral Service Change Grow Live £72,672.50   01/04/22 31/03/24
MID/20/03 Additional Community
MH Support for People
in Crisis & Distress
Additional provider
staffing resource
Penumbra £150,000   01/04/22 31/03/23 
Page 347 of 366

Page 348

Ref Project Name Description Supplier Contract
Value
PCS Award
Date
PCS Award
Ref
Contract
Start Date
Contract
End date
MID/22/7 CivicaPay
Renewal
Provision and annual
support of
application
Civica UK Ltd £240,000.00  Single
Supplier
Framework
Single
Supplier
Framework 
30/04/2022 30/04/2027
MID/22/20 Digital Services
Vulnerability
Scanning
Software 
External
Vulnerability
Scanning Software
Softcat PLC £132,371.00  05/05/2022  MAY447667 05/05/2022 04/05/2023
MID/22/40 Firewall Licensing
and Support 
This procurement is
to renew licencing
and support on our
firewalls
Softcat PLC £119,528.00  04/08/2023  AUG455544 17/05/2022 16/05/2025
NCA/22/21 Home Delivery of
Feminine
Hygiene Products 
Home delivery of
period products to
support the Scottish
Government's
initiativ
Hey Girls £100,000.00  04/08/2023  AUG455555 01/06/2022 01/06/2023
MID/22/10  Insurance Tender
Lot 7 
LOT 7 Fidelity
Guarantee
Maven Public
Sector
£5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 1 
LOT 1 Property
Damage & Business
Interruption
including Money and
Specified Property
Insured
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 2 
LOT 2 Computers Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 3 
LOT 3 Casualty
including Employers’
Liability/Public &
Products
Liability/Libel &
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
Page 348 of 366

Page 349

Ref Project Name Description Supplier Contract
Value
PCS Award
Date
PCS Award
Ref
Contract
Start Date
Contract
End date
Slander/Officials
Indemnity
MID/22/10  Insurance Tender
Lot 4 
LOT 4 Motor Fleet &
Leased Car Scheme
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 5 
LOT 5 Contractors
All Risks/Own
Plant/Hired-in Plant
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 6 
LOT 6 Group
Personal
Accident/Travel and
School Journey
Insurance
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/10  Insurance Tender
Lot 8 
LOT 8 Professional
indemnity
Zurich Municipal £5,500,000.00  05/07/2022  JUL453215 01/07/2022 30/06/2025
MID/22/49 Mid & Fairfield
House CISCO
Switches 
Require to replace
existing network
switches in
Midlothian House
and Fairfield House
due to current
hardware being end
of life
Computacentre
(UK) Ltd
£70,000.00  04/08/2022   AUG455554 20/07/2022 19/07/2025
MID/22/107 Supply &
Distribution of
Milk  
Supply &
Distribution of Milk
Muller UK and
Ireland LLP T/A
Muller Milk &
Ingredients
£654,679.03  Direct
Award 
Direct Award 07/03/2023 28/02/2026
MID/22/102
(SP-19-035)
Postal Services
Lot 1 - One Stop
Shop - Physical,
hybrid,
scheduled/bulk  
Postal Services Royal Mail
Group plc
£129,491.00
per annum 
Direct
Award 
Direct Award 10/03/2023 30/07/2025
Page 349 of 366

Page 350

Ref Project Name Description Supplier Contract
Value
PCS Award
Date
PCS Award
Ref
Contract
Start Date
Contract
End date
(print and post)
and digital mail
MID/22/39 Ski-Matting Supply and Delivery
of Ski Matting to
Midlothian Snow
Sports Centre at
Hillend.
Skitech Systems £409,560.00  22/03/2023   MAR474315 20/03/2023 19/03/2026
MID/22/93 AV Equipment for
Schools 
Audio Visual
Equipment
AVMI Kinly Ltd £1,300,000.00  02/03/23  FEB471225 31/03/2023 31/03/2024
MID/23/15 Homecare
Management &
Rostering System 
Provision of a
Homecare
Management &
Rostering System.
The Access
Group
£223,225.08  27/03/23  MAR474734 01/04/2023 31/03/2026
MID/23/34
(0322)
Fresh Meats,
Cooked Meats
and Fresh Fish
Lot 1: Fresh &
Prepared Meat
Products
Lot 2: Cooked
Meats
Lot 3: Fresh Fish
Lot 4: Specialised
Products  
To appoint a
Contractor for the
supply and
distribution of fresh
meats, cooked meats
and fresh fish. 
Lot 1: Campbell
Brothers Ltd
Lot 2: Brake Bros
Lot 4: Campbell
Brothers Ltd 
£372,000 over
4 years 
Direct
Award  
Direct
Award
01/04/2023 31/03/2027
MID/23/23  Vehicle
Telematics 
The provision of
vehicle tracking /
telematics.
UK Telematics
Ltd
£86,175.00  02/05/23  MAY477592 28/04/2023 27/04/2026
MID/23/18 Commvault
Backup Hardware
Replacement 
Backup hardware
replacement for
Corporate and
Education networks.
Softcat Plc £183,031.79  29/06/2023  JUN482323 01/06/2023 01/06/2028
Page 350 of 366

Page 351

Ref Project Name Description Supplier Contract
Value
PCS Award
Date
PCS Award
Ref
Contract
Start Date
Contract
End date
MID/23/46 Telephony
System for
Contact Centre 
The purchase of a
telephony system
predominantly for
the Contact Centre
but also other areas
of the Council
including Housing,
Registrars, Revenues
& Benefits and
Digital Service
Netcall
Technology Ltd
£162,956.00  30/06/2023  JUN482490 20/06/2023 19/06/2026
MID/23/16  Swimming Pool
Chemicals 
Supply and delivery
of Swimming Pool
Chemicals
Complete Pool
Controls Ltd
£104,000.00  13/07/23 MAY47815 17/07/2023 16/07/2026
MID/23/44 Library
Management
System 
End to end library
management system
Civica UK Ltd £193,209.00  21/09/23  SEP488850 19/09/2023 31/12/2028
MID/23/45 The Provision of
Physiotherapy
Services 
Provision and
management of a
physiotherapy
service for MLC
Midlothian
Physiotherapy
LLP 
£173,448.24  07/11/23  JUL483942 06/11/2023 05/11/2025
MID/23/84 Sophos Anti Virus  Anti Virus software ComputaCenter £76,000.00  10/11/2023  NOV492349 10/11/2023 10/11/2026
MID/23/83 Roundabout and
Vehicle
Advertising 
Consultation for use
of advertising space
around MLC
CP Media £0.00 N/A Direct
Awrad
N/A Direct
Award 
01/12/2023 30/11/2028
Page 351 of 366

Page 352

Ref Project Name Description Supplier Contract Value PCS Award
Date
PCS Award
Ref
Contract
Start Date
Contract
End date
(including
extensions)
NCA/22/22 Architects,
Dalkeith Centre
Stage 2
Masterplan
Stage 2 Regeneration
Masterplan for
Dalkeith Town
Centre, building on
work undertaken in
2016.
Reiach and Hall
Architects
£52,846.00 24/05/2022 MAY449216 01/03/2022 30/09/2022
MID/22/22 Purchase of Two
Ride on Mowers
Purchase of Two
Ride on Mowers
Fairways (GM)
Ltd
£67,800.00 25/05/2022 MAY449393  
MID/21/56  Provision of Gas
Audit Services in
Domestic and
Commercial
Properties
Provision of Gas
Audit Services in
Domestic and
Commercial
Properties
MFH Service
Quality
Management
Ltd
£153,093.76 31/05/2022 MAY450041 06/06/2022 05/06/2026
MID/22/37 Garden Waste
Disposal
Disposal of kerbside
collected garden
waste, garden waste
collected at the two
Household Recycling
Centres, and from
Garden waste
collected by the
Council’s Landscape
Services
Forth Resource
Management
£510,000.00 02/06/2022 JUN450256 01/07/2022 30/06/2025
MID/22/41 Supply of
Windows and
Fire Doors
Supply of Windows
and Doors to meet
statutory
requirements for
SHQS and EESSH.
Sovereign
Group Ltd
£6,990,080.00 22/06/2022 JUN451996 06/06/2022  06/05/2025
Page 352 of 366

Page 353

MID/21/54 Supply of a
Planer with
Ongoing
Maintenance
Supply of a Planer
with Ongoing
Maintenance.
Writgen Ltd  £341,976.00 05/07/2022 JUL453168  
MID/22/57 Supply and
Installation of
Street Lighting to
Various Locations
Supply and
Installation of Street
Lighting to Various
Locations
Lightways
Contractors
Limited
£3,500,000.00  14/11/2022 NOV464259 14/11/2022 13/11/2027
MID/22/98 Supply of 4 Ride
on Mowers
Supply of 4 Ride on
Mowers
Thomas Sheriff
& Co. Ltd
£135,012.00 28/11/2022 NOV465387  
MID/22/99 Purchase of 3
Ride on Mower
Scags
Purchase of 3 Ride
on Mower Scags
Fraser C Robb £54,435.18 28/11/2022 NOV465393  
MID/22/89 Wheeled
Excavator with
Pothole
Attachment
Wheeled Excavator
with Pothole
Attachment
Scot JCB £191,000.00 29/11/2022 NOV465526  
MID/22/90 Hotbox Gritter
Vehicle
Supply and delivery
of a universal 18t,
4x2 HGV truck with
bodies for gritting
and ‘hot box’ tar
storage
DAF Trucks Ltd £174,473.60 23/12/2022 DEC467755  
MID/21/43 Contract One
Civils Utilities and
Minor Works
Destination
Hillend
Tendering for a civils
contractor for the
provision of upgrade
and alteration works
to the A702 Trunk
Road junction with
the existing Hillend
Access Road, the
widening of the
existing private road
Robertson
Construction
Group Ltd
£4,504,095.35 02/02/2023 FEB470179  
Page 353 of 366

Page 354

network and
creation of two new
car parks. 
Page 354 of 366

Page 355

Appendix 2
Compliant Regulated Procurements Pipeline (between 1st April 2023 – 31st March 2025) 
Ref Project Name Description New/extension/
Relet
Estimated
Value
Expected
Publication
Date
Expected
Award Date
Expected Contract
Start Date
MID/XX/XX Primrose Lodge
– 4 Units & 2
Respite Units
Services for People
with Profound &
Multiple Learning
Disabilities
New £3,200,000 01/04/2024 01/07/2024 01/10/2024
MID/XX/XX Day Services LD
Framework
Learning
Disabilities Day
Services Support
New TBC - High
Value /
Complex
01/10/2024 15/12/2024 01/02/2025
MID/23/66 Phase 1 – A2D
Telecare Alarm
Equipment
Transition of
Analogue to Digital
Equipment
Purchase
New £250,000 01/01/2024 01/01/2024 01/01/2024
MID/XX/XX Phase 2 – A2D
Telecare Alarm
Equipment
Transition of
Analogue to Digital
Equipment
Purchase
New £750,000 01/04/2024 01/04/2024 01/04/2024
NCA/XX/XX Phase 3 – A2D
Telecare Alarm
Equipment
Installation of
Analogue to Digital
Equipment
New £300,000 01/07/2024 01/07/2024 01/07/2024
MID/XX/XX Advocacy
Services
Framework
Advocacy & Advice
Services for Adults
with Disability
New £350,000 01/10/2024 01/12/2024 01/02/2025
MID/XX/XX Learning
Disability Care &
Support
Services
Adoption of
Scotland Excel
Framework
Contract
New £16,500,000 01/06/2024 01/06/2024 01/06/2024
Page 355 of 366

Page 356

Ref Project Name Description New/extension/
Relet
Estimated
Value
Expected
Publication
Date
Expected
Award Date
Expected Contract
Start Date
MID/XX/XX EY Befriending
Service &
Therapeutic
Family Work
Recommissioning
of Early Years
Befriending &
Therapeutic Family
Support Service
New £320,000 01/06/2024 01/08/2024 09/01/2024
MID/XX/XX ELC Partnership
Centres
Framework
Early Learning &
Childcare Nursery
Provision
New £56,000,000 01/04/2024 01/06/2024 01/09/2024
MID/XX/XX Schools Poverty
& Attainment
Framework
PEF funded
therapeutic.
Mental health
support, and
counselling services
for young people.
New £200,000 01/03/2024 01/06/2024 01/09/2024
MID/XX/XX School
Counselling
Service
Recommissioning
of Counselling
Support for Young
Persons within
Schools
New £1,500,000 01/04/2025 01/06/2025 17/09/2025
NCA/22/50 YP Gym
Disability
Support
Gym Disability
Support for
Children
New £129,375 21/12/2023 21/12/2023 01/01/2024
NCA/23/11 Afterschool
Disability
Support Service
Disability Care &
Services for
Children out with
school hours 
New £600,000 15/12/2023 15/12/2023 01/01/2024
MID/22/103 Homeless Youth
Prevention &
Support Service
Accommodation
support for Young
People under age
18.
New £190,000 18/10/2023 30/11/2023 01/02/2024
Page 356 of 366

Page 357

Ref Project Name Description New/extension/
Relet
Estimated
Value
Expected
Publication
Date
Expected
Award Date
Expected Contract
Start Date
MID/23/78 Housing
Support
Services for
Midlothian
Lot 1 – Temporary
Homeless
Accommodation
Management, Lot 2
– Tenancy Support,
Lot 3 – Housing
First.
New £15,000,000 04/01/2024 04/03/2024 01/04/2024  
Ref Project Name Description New/extension/
Relet
Estimated
Value
Expected
Publication
Date
Expected
Award Date
Expected Contract Start Date
MID/23/xx Coin, Cash &
Cheque
Collection
(Audit) 
NEW    
MID/23/xx Merchant
Requiring
Services 
NEW    
MID/23/xx Parents-
Booking.com 
NEW    
MID/23/xx Link Treasury
Solution Ltd -
Service
Concessions 
NEW    
MID/23/xx Neighbourhood
Services 
NEW Budget
TBC   
TBC
Rental of Chip
& Pin machines 
NEW £6,000
per
annum
May 24 Jun 24 Jul 24
Page 357 of 366

Page 358

for leisure
services. 
MID/23/xx
Home to
School
Transport
System
Home to
school
transport
system
NEW £6000000   
MID/17/36 Home to
School coach
and mini bus
service to
Midlothian
Council 
Coach and
minibus
service
Relet  £6000000 17/05/2024 01/07/2024 31/07/2024
MID/19/19 Janitorial
Products  
Relet  £400000 06/08/2024 20/09/2024 20/10/2024
NCA/21/1 Website
Hosting and
Maintenance  
Relet  £68000 24/12/2023 07/02/2024 08/03/2024
MID/22/93 AV Equipment
for Schools  
Relet  £1300000 16/01/2024 01/03/2024 31/03/2024
NCA/21/70 Health and
Safety Online
Management
System Support
and
Maintenance  
Extension  £54000 26/03/2024 10/05/2024 09/06/2024
MID/18/43 Cashless
Catering
System for
Schools  
Extension  £225000 30/03/2024 14/05/2024 13/06/2024
MID/20/63  Managed Print
Service  
Relet  TBC 16/04/2024 31/05/2024 30/06/2024
MID/21/09 Early Years &
Childcare and  
Extension  £150000  16/04/2024 31/05/2024 30/06/2024
Page 358 of 366

Page 359

Childcare
Training 
SP-19-020 Mobile Client
Device
Framework  
Relet TBC  01/06/2024 16/07/2024 15/08/2024
NCA/21/16 Annual Licence
for Auditing /
Quality System  
Relet  TBC 17/06/2024 01/08/2024 31/08/2024
NCA/19/38 Licensing &
Annual Support
of HR/Payroll
System  
Relet  £459000 17/06/2024 01/08/2024 31/08/2024
NCA/19/43 Servelec
Mosaic Hosted
Services  
Extension  £1042000 17/06/2024 01/08/2024 31/08/2024
NCA/19/40 Idox Uniform
Hosted
Services  
Relet  £973000 17/07/2024 31/08/2024 30/09/2024
MID/21/05 Employee
Wellbeing
Services  
Extension  £115000 17/07/2024 31/08/2024 30/09/2024
ELC-20-
2339
Maintenance
of CDT &
Science
Equipment  
Extension  TBC 16/09/2024 31/10/2024 30/11/2024  
Ref Project Name Description New/extension/
Relet
Estimated Value Expected
Publication Date
Expected Award
Date
Expected
Contract
Start Date
MID/22/44 Supply and Fit
Tyres for Cars,
Vans and Trucks
Supply and Fit
Tyres for Cars, Vans
& Trucks 
£104,917.26  17/04/2023 17/04/20
23
Page 359 of 366

Page 360

Ref Project Name Description New/extension/
Relet
Estimated Value Expected
Publication Date
Expected Award
Date
Expected
Contract
Start Date
MID/22/105 Framework for
Remedial Damp
Works
Framework for
Remedial Damp
Works 
£2,000,000.00  27/04/2023  05/10
/2023
MID/23/38 Supply of Fire
Doors to
Midlothian
Council
Supply of Fire
Doors to
Midlothian Council 
£750,000.00 10/05/2023 02/10/2023 02/10/20
23
MID/21/15 Kings Park
Extension &
Refurbishment
Project –
Architectural
Services
Kings Park
Extension &
Refurbishment –
Project
Architectural
Services
New £341,000.00  09/06/2023 
Woodburn PS
Extension &
ALTS –
Architectural
Services
Woodburn PS
Extension & ALTS –
Architectural
Services
New £143,400.00  09/06/2023 
MID/21/19 Kings Park
Extension &
Refurbishment
Project –
Engineering
Services
Kings Park
Extension &
Refurbishment
Project –
Engineering
Services
New £89,808.00       09/06/2023 
Kings Park
Extension &
Refurbishment
Project – M&E
Services
Kings Park
Extension &
Refurbishment
Project – M&E
Services
New £111,600.00  09/06/2023 
Page 360 of 366

Page 361

Ref Project Name Description New/extension/
Relet
Estimated Value Expected
Publication Date
Expected Award
Date
Expected
Contract
Start Date 
Beeslack High
School
Replacement
Project – Project
Management
Services
Beeslack High
School
Replacement
Project – Project
Management
Services
New £4,189,960.00  12/06/2023 
MID/23/43 Window
Cleaning
Services to
Midlothian
Council
Window Cleaning
Services to
Midlothian Council
Relet £60,000.00 16/06/2023 02/10/2023 
NCA/23/13 Purchase of
Lining Machine
Lining/screed truck
for white line
operations
New £155,797.00  20/06/2023 
MID/23/49 Portacabin
Woodburn
Primary School
Hire of a
portacabin for
Woodburn Primary
School for a period
of 70 weeks.
New £144,017.20  23/06/2023 
Mayfield and St
Lukes PS
Campus
Project
management
consultancy
required for
Mayfield and St
Lukes PS Campus
which are being
merged into the
new Mayfield
Community
Campus
New £2,563,117.30  17/07/2023 
Page 361 of 366

Page 362

Ref Project Name Description New/extension/
Relet
Estimated Value Expected
Publication Date
Expected Award
Date
Expected
Contract
Start Date
MID/23/33 Facilities
Management
Facilities
Management of
Council Assets
Relet £10,000,000.00 01/11/2023   
Framework for
Horticultural
Supplies
Framework for
Horticultural
Supplies
Relet £330,469.00 31/07/2024 30/09/2024 01/11/20
24 
Framework
Additional
Resources for
Winter
Maintenance
Framework
Additional
Resources for
Winter
Maintenance
Relet £400,000.00 tbc tbc tbc 
Supply of
Windows &
Doors
Supply of Window
& Doors
Relet £6,060,990.00 06/03/2024 06/05/2024 06/06/20
24 
Bulky Waste
Disposal
Contract
Bulky Waste
Disposal Contract 
Relet £8,000,000.00 23/03/2024 23/05/2024 23/06/20
24 
Supply of
Kitchens
Supply of Kitchens  Relet £1,425,000.00 23/06/2024 23/05/2024 23/06/20
24
Page 362 of 366

Page 363

Midlothian Council
Tuesday 19 December 2023
Item No 8.12 
Rosewell to Auchendinny NCN 196 Pathway Upgrade 
Report by Kevin Anderson, Executive Director Place 
Report for Noting 
1 Recommendations 
Council is recommended to note: 
i. the significant numbers of responses to the public consultation;
and 
ii. the decision of Cabinet at its meeting of 28 November 2023 to
approve the upgrade of the Rosewell to Auchendinny NCN 196
Pathway. 
2 Purpose of Report/Executive Summary 
The report is to update Council on the outcome of the public
consultation and next steps to progress the upgrade of the Rosewell to
Auchendinny NCN 196 Pathway. 
Date:    6 December 2023
Report Contact:  Derek Oliver, Chief Officer Place
Email:  Derek.Oliver@midlothian.gov.uk     
Page 363 of 366

Page 364

2
3 Main Report 
3.1 At it’s meeting of 27 June 2023, Council considered a report on the
resurfacing options of the Rosewell to Auchendinny NCN 196 Pathway
and agreed to proceed to progress to public consultation. Council
requested a report to be brought back on the outcome and next steps
following the consultation. 
3.2 An online public consultation was launched on 8 August 2023 and
closed on 5 September 2023. This was hosted on the council’s
consultation portal. The consultation sought views on three options
proposed by officers and alternative solutions put forward by
respondents which could include do nothing. 
3.3 Consultation responses were analysed and presented to Cabinet for
consideration and approval at its meeting of 28 November 2023. The
full report to Cabinet is published online. 
3.4 Cabinet considered the findings from the consultation, the officer
analysis, the options for the upgrade and agreed to proceed with using
“Flexipave” materials at an approximate grant funded expenditure cost
of up to £590,000, to provide a safer and more user accessible path, at
no additional cost to the Council. 
4 Report Implications (Resource, Digital and Risk) 
4.1 Resource 
The capital cost of the project is £550,000 with Cycling, Walking, and
Safer Routes (CWSR) grant funding of £369k allocated to the project of
which £8k has been spent on design. Additional top up funding of
£221k will be required in 2024-25 from either CWSR, Sustrans or UK
Shared Prosperity Fund. If the £369k fund is not spent in the current
financial year it must be returned to Transport Scotland CWSR fund. 
4.2 Digital 
There are no Digital Services issues associated with any aspect of this
project. 
4.3 Risk 
If the project does not go ahead or is delayed the £369k CWSR grant
will be lost and returned to Transport Scotland. There may be accident
claims against the council for failure to maintain a pathway. 
4.4 Ensuring Equalities (if required a separate IIA must be completed) 
The project aims to address equality-related comments from the public
relating to poor access quality of the existing infrastructure. The
pathway is a key connector for various user groups, including many
users from protected user groups. 
Page 364 of 366

Page 365

3
4.5 Additional Report Implications 
Appendix A – Report implication 
APPENDIX A – Report Implications 
A.1 Key Priorities within the Single Midlothian Plan
The path promotes active travel which supports delivery of heath
inequality outcomes and achieving net zero by 2030. 
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 recommended solution is not the cheapest but is the best value
option that allows access to and use of the path by the widest group of
users. 
A.5 Involving Communities and Other Stakeholders
The path is well used by the community for various purposes such as
walking, running, cycling, horse riding etc. There were 752 responses
to the online consultation which indicates a significant community
interest in the path.
A.6 Impact on Performance and Outcomes
Installing an improved path surface will encourage more active travel
and leisure activity which will benefit health and wellbeing outcomes. 
A.7 Adopting a Preventative Approach
Installing an improved path surface will encourage more active travel
and leisure activity which will benefit health and wellbeing.   
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A.8 Supporting Sustainable Development
The proposed pathway is constructed from materials that will allow
water drainage to tree roots. Provides an accessible route to allow
movement between communities with use of a vehicle. 
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