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Stephen Gerrard
Interim Service Director (Legal and Democratic Services)
For more information about the meeting please contact Simon Heap on (01908)
252567 or by e-mail simon.heap@milton-keynes.gov.uk
(1)
(2)
AGENDA
Item No:
1.
Procedure
(a)
Apologies
(b)
Minutes
To approve, and the Mayor to sign as a correct record, the Minutes of the
meetings of the Council held on 17 February 2016 (Item 1) (Pages 12 to
40)
(c)
Disclosure of Interests
Councillors to declare any disclosable pecuniary interests, or personal
interests (including other pecuniary interests), they may have in the
business to be transacted, and officers to disclose any interests they may
have in any contract to be considered.
(d)
2.
Announcements
(i)
(ii)
Public Involvement
(a)
(b)
3.
4.
(b)
(c)
(c)
(d)
Plan
North
and
Great
Linford
(iii)
(5)
2.
(ii)
(6)
(iii)
Councillors Matters
(a)
Councillors Questions
Councillors to ask questions of the Leader, a Cabinet Member, the Chair
of any Committee, or the Leader of a Political Group on the Council.
(b)
Notices of Motions:
(i)
(ii)
(iii)
(b)
(c)
(d)
(7)
(iv)
2.
3.
4.
(b)
5.
6.
7.
(8)
(v)
(vi)
2.
(b)
(c)
(d)
(e)
3.
4.
(9)
5.
(vii)
(b)
(c)
Right to Buy
Councillor C Williams 10 March 2016
6.
1.
2.
3.
That this Council further notes, with alarm and regret that, in
Milton Keynes, an estimated 1,100 flats sold under Right to
Buy are now in the hands of lease holders / private landlords
who reside at a different postal address. Furthermore, this
Council deplores the fact that up to 40% of houses sold under
Right to Buy are also now in the hands of private landlords
4.
7.
8.
The Council is also recommended to appoint all Members of the Council, with the
exception of Cabinet members (unless they are substituting for another Cabinet
member), as substitutes to the Committee.
9.
10.
Applications
11.
(11)
ITEM
Apologies:
MINUTES
RESOLVED That the Minutes of the meetings of the Council held on 13 January
2016 be approved and signed by the Mayor as a correct record.
CL97
ANNOUNCEMENTS
(a)
Councillor McKenzie
The Mayor announced the recent death of Councillor
McKenzies wife Maureen and that funeral would be held on
Friday 19 February 2016 at Crownhill Crematorium.
The Mayor also indicated that he would be sending a letter
expressing the Councils condolences to Councillor McKenzie
and his family.
(b)
17 February 2016
(12)
CL98
(b)
CL99
PUBLIC QUESTIONS
(a)
(b)
17 February 2016
(13)
17 February 2016
(14)
(e)
(f)
17 February 2016
(15)
17 February 2016
(16)
CL101
CL102
17 February 2016
(17)
17 February 2016
1.
2.
3.
4.
5.
576.574m
(b)
473.839m
(c)
102.735m
(d)
1,278.43
6.
(e)
5,816,467
(f)
1,206.05
788.57
919.99
15.47
18.04
804.04
938.03
VALUATION BANDS
D
E
F
1,051.42 1,182.85
1,445.71
1,708.56
1,971.42
2,365.70
23.20
28.36
33.51
38.67
46.40
1,072.04 1,206.05
1,474.07
1,742.07
2,010.09
2,412.10
20.62
7.
8.
111.31
129.86
148.41
166.96
204.06
241.16
278.27
333.92
9.
17 February 2016
(19)
39.80
46.43
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
17 February 2016
53.07
VALUATION BANDS
D
E
59.70
72.97
86.23
99.50
119.40
Savings
from retendering
S126 food and
garden
waste
treatment
Increase
S127 recycling
rates
17 February 2016
2016/17
Proposal
The contract for disposal of
food and garden waste has
been retendered during late
2015, tenders have been
returned and evaluated and
0.115m recommendations will be made
to award a new contract at PCC
in March 2016. The charges in
the new contract are lower and
will, therefore see a reduction
in overall cost of this amount.
Waste composition data
demonstrates that 75% of food
waste currently ends up in
black bags. There also remains
room for improvement in other
recyclates e.g. shampoo bottles
0.090m
and yoghurt pots etc. A
concerted and targeted
campaign to improve these
areas of recycling is predicted
to increase income by this
amount.
(21)
Further
reduction
in debt
costs/addit
ional asset
income,
reflecting
S49 the asset
transfer
between
the HRA
and GF
(an
increase
to S49)
0.095m
(b)
(22)
Utility
trench
reinstate
ment
additional
S128
income
(Coring)
an
increase
to S89
(b)
Car Parking
(a)
(b)
(c)
(d)
Countess Way
(a)
17 February 2016
(23)
(b)
(c)
(d)
AGAINST:
Councillors
Alexander,
Baume,
Betteley,
Brackenbury, Bradburn, M Burke, Cannon,
Clifton, Coventry, Crooks, Eastman, Exon,
Ferrans, E Gifford, R Gifford, Gowans, Khan,
Legg, Lewis, Long, Marland, D McCall, I McCall,
McPake, Middleton, Miles, Nolan, ONeill, Wallis,
Webb, White, C Williams and Wilson (33)
ABSTENTIONS: (0)
The amendment was declared lost.
Councillor A Geary moved the following amendment, which was
seconded by Councillor Green, on which a recorded vote was
requested:
That the following words be added to the end of recommendation 1
from the Cabinet meeting on 8 February 2016:
, subject to:
the removal of proposed application fees of 25 for Events on Public
Open Space (on p59/p60 in the budget papers) for parish,
community, and not-for profit applications.
17 February 2016
(24)
AGAINST:
Councillors
Alexander,
Baume,
Betteley,
Brackenbury, M Burke, Cannon, Clifton, Coventry,
Crooks, Eastman, Ferrans, E Gifford, R Gifford,
Gowans, Khan, Legg, Lewis, Long, Marland, D
McCall, I McCall, McPake, Middleton, Miles,
Nolan, ONeill, Wallis, Webb, White, C Williams
and Wilson (31)
2.
17 February 2016
(25)
3.
17 February 2016
(26)
S126
S127
17 February 2016
2016/17
Savings
from
retendering
food and 0.115m
garden
waste
treatment
Increase
recycling
rates
0.090m
Proposal
The contract for disposal
of food and garden waste
has
been
retendered
during late 2015, tenders
have been returned and
evaluated
and
recommendations will be
made to award a new
contract at PCC in March
2016. The charges in the
new contract are lower
and will, therefore see a
reduction in overall cost of
this amount.
Waste composition data
demonstrates that 75% of
food waste currently ends
up in black bags. There
also remains room for
improvement in other
recyclates e.g. shampoo
bottles and yoghurt pots
etc. A concerted and
targeted campaign to
improve these areas of
recycling is predicted to
increase income by this
amount.
(27)
S49
Further
reduction
in
debt
costs/addit
ional asset
income,
reflecting
the asset
transfer
between
the HRA
and
GF
(an
increase
to S49)
0.095m
(c)
(d)
(e)
S49
17 February 2016
Further
reduction
in
debt
costs/addi
tional
asset
income,
reflecting
the asset
transfer
between
the HRA
and
GF
(an
increase
to S49)
0.04m
(28)
S128
Utility
trench
reinstate
ment
additional
income
(Coring)
an
increase
to S89
0.020m
(f)
(g)
(h)
17 February 2016
(29)
(b)
AGAINST:
17 February 2016
(30)
3.
17 February 2016
(31)
S126
17 February 2016
2016/17
Savings
from
retendering
food and 0.115m
garden
waste
treatment
S127
Increase
recycling
rates
0.090m
S49
Further
reduction
in
debt
costs/addit
ional asset
income,
reflecting
the asset
transfer
between
the HRA
and
GF
(an
increase
to S49)
0.095m
Proposal
The contract for disposal
of food and garden waste
has
been
retendered
during late 2015, tenders
have been returned and
evaluated
and
recommendations will be
made to award a new
contract at PCC in March
2016. The charges in the
new contract are lower
and will, therefore see a
reduction in overall cost of
this amount.
Waste composition data
demonstrates that 75% of
food waste currently ends
up in black bags. There
also remains room for
improvement in other
recyclates e.g. shampoo
bottles and yoghurt pots
etc. A concerted and
targeted campaign to
improve these areas of
recycling is predicted to
increase income by this
amount.
(32)
(i)
(j)
(k)
S49
S128
(l)
17 February 2016
Further
reduction
in
debt
costs/addi
tional
asset
income,
reflecting
the asset
transfer
between
the HRA
and
GF
(an
increase
to S49)
Utility
trench
reinstate
ment
additional
income
(Coring)
an
increase
to S89
0.004m
0.020m
(33)
(m)
(n)
4.
17 February 2016
(34)
17 February 2016
5.
6.
7.
8.
9.
(b)
(c)
(d)
1,278.43
(e)
(f)
1,206.05
788.57
919.99
15.47
18.04
804.04
938.03
VALUATION BANDS
D
E
F
1,051.42 1,182.85
1,445.71
1,708.56
1,971.42
2,365.70
23.20
28.36
33.51
38.67
46.40
1,072.04 1,206.05
1,474.07
1,742.07
2,010.09
2,412.10
20.62
11.
12.
111.31
129.86
148.41
166.96
204.06
241.16
278.27
333.92
13.
39.80
46.43
53.07
14.
17 February 2016
VALUATION BANDS
D
E
F
59.70
72.97
86.23
99.50
119.40
(36)
15.
16.
17.
18.
19.
20.
21.
That the fees and charges for 2016/17 (including those fees
and charges which are exceptions to the Income and
Collection Policy) be approved.
22.
23.
24.
25.
26.
17 February 2016
(37)
(a)
(b)
17 February 2016
(38)
ANNEX A
AREAS
BAND A
BAND B
BAND C
BAND D
BAND E
BAND F
BAND G
BAND H
ABBEY HILL
ASTWOOD and HARDMEAD
BLETCHLEY & FENNY STRATFORD
BOW BRICKHILL
BRADWELL
BROUGHTON and MILTON KEYNES VILLAGE
CALVERTON
CAMPBELL PARK
CASTLETHORPE
CENTRAL MILTON KEYNES
CHICHELEY
CLIFTON REYNES and NEWTON BLOSSOMVILLE
COLD BRAYFIELD
EMBERTON
FAIRFIELDS
GAYHURST
GREAT LINFORD
HANSLOPE
HAVERSHAM/ LITTLE LINFORD
KENTS HILL, MONKSTON & BRINKLOW
LATHBURY
LAVENDON
LITTLE BRICKHILL
LOUGHTON & GREAT HOLM
MOULSOE
NEW BRADWELL
NEWPORT PAGNELL
NORTH CRAWLEY
OLNEY
OLD WOUGHTON
RAVENSTONE
SHENLEY BROOK END
SHENLEY CHURCH END
SHERINGTON
SIMPSON
STANTONBURY
STOKE GOLDINGTON
STONY STRATFORD
TYRINGHAM & FILGRAVE
WALTON
WARRINGTON
WAVENDON
WEST BLETCHLEY
WESTON UNDERWOOD
WHITEHOUSE
WOBURN SANDS
WOLVERTON
WOUGHTON
810.58
828.54
888.30
843.73
838.47
818.03
804.04
892.21
844.87
829.40
812.55
828.22
816.90
843.06
804.04
820.28
841.97
847.19
836.21
833.25
821.55
837.01
842.04
825.43
817.01
846.53
851.34
829.34
851.23
818.19
846.89
841.11
840.71
856.94
837.30
845.71
833.64
848.86
809.89
849.84
804.04
831.15
885.66
856.19
804.04
859.15
872.19
914.35
945.66
966.61
1,036.33
984.33
978.19
954.35
938.03
1,040.89
985.67
967.62
947.96
966.24
953.03
983.55
938.03
956.98
982.28
988.37
975.57
972.10
958.45
976.50
982.36
962.98
953.17
987.61
993.21
967.55
993.09
954.54
988.02
981.28
980.81
999.75
976.83
986.64
972.56
990.32
944.86
991.46
938.03
969.65
1,033.25
998.87
938.03
1,002.32
1,017.53
1,066.73
1,080.76
1,104.71
1,184.39
1,124.96
1,117.94
1,090.69
1,072.04
1,189.60
1,126.48
1,105.85
1,083.39
1,104.28
1,089.19
1,124.07
1,072.04
1,093.69
1,122.61
1,129.57
1,114.94
1,110.98
1,095.38
1,116.00
1,122.71
1,100.56
1,089.34
1,128.70
1,135.11
1,105.77
1,134.96
1,090.91
1,129.17
1,121.47
1,120.93
1,142.57
1,116.39
1,127.60
1,111.51
1,131.80
1,079.84
1,133.11
1,072.04
1,108.18
1,180.87
1,141.57
1,072.04
1,145.52
1,162.90
1,219.12
1,215.86
1,242.80
1,332.44
1,265.58
1,257.69
1,227.03
1,206.05
1,338.30
1,267.30
1,244.09
1,218.82
1,242.32
1,225.34
1,264.58
1,206.05
1,230.41
1,262.94
1,270.77
1,254.31
1,249.86
1,232.31
1,255.51
1,263.05
1,238.13
1,225.51
1,269.79
1,277.00
1,244.00
1,276.84
1,227.28
1,270.32
1,261.66
1,261.05
1,285.40
1,255.94
1,268.55
1,250.45
1,273.28
1,214.83
1,274.75
1,206.05
1,246.71
1,328.48
1,284.27
1,206.05
1,288.71
1,308.27
1,371.52
1,486.06
1,518.99
1,628.55
1,546.83
1,537.19
1,499.71
1,474.07
1,635.71
1,548.93
1,520.56
1,489.68
1,518.40
1,497.65
1,545.61
1,474.07
1,503.84
1,543.60
1,553.17
1,533.05
1,527.62
1,506.17
1,534.52
1,543.74
1,513.28
1,497.85
1,551.97
1,560.79
1,520.45
1,560.59
1,500.02
1,552.62
1,542.04
1,541.29
1,571.05
1,535.05
1,550.46
1,528.34
1,556.24
1,484.80
1,558.04
1,474.07
1,523.77
1,623.71
1,569.67
1,474.07
1,575.10
1,599.01
1,676.31
1,756.24
1,795.15
1,924.63
1,828.06
1,816.66
1,772.37
1,742.07
1,933.10
1,830.54
1,797.02
1,760.52
1,794.46
1,769.93
1,826.61
1,742.07
1,777.26
1,824.24
1,835.55
1,811.78
1,805.35
1,780.00
1,813.51
1,824.40
1,788.41
1,770.18
1,834.14
1,844.55
1,796.89
1,844.32
1,772.74
1,834.90
1,822.40
1,821.51
1,856.69
1,814.13
1,832.35
1,806.20
1,839.18
1,754.75
1,841.30
1,742.07
1,800.80
1,918.91
1,855.05
1,742.07
1,861.47
1,889.72
1,981.08
2,026.44
2,071.34
2,220.74
2,109.31
2,096.16
2,045.06
2,010.09
2,230.51
2,112.17
2,073.49
2,031.37
2,070.54
2,042.24
2,107.64
2,010.09
2,050.69
2,104.91
2,117.96
2,090.52
2,083.11
2,053.86
2,092.52
2,105.09
2,063.56
2,042.52
2,116.32
2,128.34
2,073.34
2,128.07
2,045.47
2,117.21
2,102.77
2,101.76
2,142.34
2,093.24
2,114.26
2,084.09
2,122.14
2,024.72
2,124.59
2,010.09
2,077.86
2,214.14
2,140.46
2,010.09
2,147.86
2,180.46
2,285.87
2,431.72
2,485.60
2,664.88
2,531.16
2,515.38
2,454.06
2,412.10
2,676.60
2,534.60
2,488.18
2,437.64
2,484.64
2,450.68
2,529.16
2,412.10
2,460.82
2,525.88
2,541.54
2,508.62
2,499.72
2,464.62
2,511.02
2,526.10
2,476.26
2,451.02
2,539.58
2,554.00
2,488.00
2,553.68
2,454.56
2,540.64
2,523.32
2,522.10
2,570.80
2,511.88
2,537.10
2,500.90
2,546.56
2,429.66
2,549.50
2,412.10
2,493.42
2,656.96
2,568.54
2,412.10
2,577.42
2,616.54
2,743.04
AVERAGE AMOUNT
852.28
994.34
1,136.38
1,278.43
1,562.52
1,846.63
2,130.71
2,556.86
(39)
ANNEX B
AREAS
ABBEY HILL
ASTWOOD and HARDMEAD
BLETCHLEY & FENNY STRATFORD
BOW BRICKHILL
BRADWELL
BROUGHTON and MILTON KEYNES VILLAGE
CALVERTON
CAMPBELL PARK
CASTLETHORPE
CENTRAL MILTON KEYNES
CHICHELEY
CLIFTON REYNES and NEWTON BLOSSOMVILLE
COLD BRAYFIELD
EMBERTON
FAIRFIELDS
GAYHURST
GREAT LINFORD
HANSLOPE
HAVERSHAM/ LITTLE LINFORD
KENTS HILL, MONKSTON & BRINKLOW
LATHBURY
LAVENDON
LITTLE BRICKHILL
LOUGHTON & GREAT HOLM
MOULSOE
NEW BRADWELL
NEWPORT PAGNELL
NORTH CRAWLEY
OLNEY
OLD WOUGHTON
RAVENSTONE
SHENLEY BROOK END
SHENLEY CHURCH END
SHERINGTON
SIMPSON
STANTONBURY
STOKE GOLDINGTON
STONY STRATFORD
TYRINGHAM & FILGRAVE
WALTON
WARRINGTON
WAVENDON
WEST BLETCHLEY
WESTON UNDERWOOD
WHITEHOUSE
WOBURN SANDS
WOLVERTON
WOUGHTON
AVERAGE AMOUNT
BAND A
961.69
979.65
1,039.41
994.84
989.58
969.14
955.15
1,043.32
995.98
980.51
963.66
979.33
968.01
994.17
955.15
971.39
993.08
998.30
987.32
984.36
972.66
988.12
993.15
976.54
968.12
997.64
1,002.45
980.45
1,002.34
969.30
998.00
992.22
991.82
1,008.05
988.41
996.82
984.75
999.97
961.00
1,000.95
955.15
982.26
1,036.77
1,007.30
955.15
1,010.26
1,023.30
1,065.46
1,003.39
BAND B
BAND C
BAND D
BAND E
BAND F
BAND G
BAND H
1,121.95
1,142.90
1,212.62
1,160.62
1,154.48
1,130.64
1,114.32
1,217.18
1,161.96
1,143.91
1,124.25
1,142.53
1,129.32
1,159.84
1,114.32
1,133.27
1,158.57
1,164.66
1,151.86
1,148.39
1,134.74
1,152.79
1,158.65
1,139.27
1,129.46
1,163.90
1,169.50
1,143.84
1,169.38
1,130.83
1,164.31
1,157.57
1,157.10
1,176.04
1,153.12
1,162.93
1,148.85
1,166.61
1,121.15
1,167.75
1,114.32
1,145.94
1,209.54
1,175.16
1,114.32
1,178.61
1,193.82
1,243.02
1,282.24
1,306.19
1,385.87
1,326.44
1,319.42
1,292.17
1,273.52
1,391.08
1,327.96
1,307.33
1,284.87
1,305.76
1,290.67
1,325.55
1,273.52
1,295.17
1,324.09
1,331.05
1,316.42
1,312.46
1,296.86
1,317.48
1,324.19
1,302.04
1,290.82
1,330.18
1,336.59
1,307.25
1,336.44
1,292.39
1,330.65
1,322.95
1,322.41
1,344.05
1,317.87
1,329.08
1,312.99
1,333.28
1,281.32
1,334.59
1,273.52
1,309.66
1,382.35
1,343.05
1,273.52
1,347.00
1,364.38
1,420.60
1,442.52
1,469.46
1,559.10
1,492.24
1,484.35
1,453.69
1,432.71
1,564.96
1,493.96
1,470.75
1,445.48
1,468.98
1,452.00
1,491.24
1,432.71
1,457.07
1,489.60
1,497.43
1,480.97
1,476.52
1,458.97
1,482.17
1,489.71
1,464.79
1,452.17
1,496.45
1,503.66
1,470.66
1,503.50
1,453.94
1,496.98
1,488.32
1,487.71
1,512.06
1,482.60
1,495.21
1,477.11
1,499.94
1,441.49
1,501.41
1,432.71
1,473.37
1,555.14
1,510.93
1,432.71
1,515.37
1,534.93
1,598.18
1,763.09
1,796.02
1,905.58
1,823.86
1,814.22
1,776.74
1,751.10
1,912.74
1,825.96
1,797.59
1,766.71
1,795.43
1,774.68
1,822.64
1,751.10
1,780.87
1,820.63
1,830.20
1,810.08
1,804.65
1,783.20
1,811.55
1,820.77
1,790.31
1,774.88
1,829.00
1,837.82
1,797.48
1,837.62
1,777.05
1,829.65
1,819.07
1,818.32
1,848.08
1,812.08
1,827.49
1,805.37
1,833.27
1,761.83
1,835.07
1,751.10
1,800.80
1,900.74
1,846.70
1,751.10
1,852.13
1,876.04
1,953.34
2,083.63
2,122.54
2,252.02
2,155.45
2,144.05
2,099.76
2,069.46
2,260.49
2,157.93
2,124.41
2,087.91
2,121.85
2,097.32
2,154.00
2,069.46
2,104.65
2,151.63
2,162.94
2,139.17
2,132.74
2,107.39
2,140.90
2,151.79
2,115.80
2,097.57
2,161.53
2,171.94
2,124.28
2,171.71
2,100.13
2,162.29
2,149.79
2,148.90
2,184.08
2,141.52
2,159.74
2,133.59
2,166.57
2,082.14
2,168.69
2,069.46
2,128.19
2,246.30
2,182.44
2,069.46
2,188.86
2,217.11
2,308.47
2,404.21
2,449.11
2,598.51
2,487.08
2,473.93
2,422.83
2,387.86
2,608.28
2,489.94
2,451.26
2,409.14
2,448.31
2,420.01
2,485.41
2,387.86
2,428.46
2,482.68
2,495.73
2,468.29
2,460.88
2,431.63
2,470.29
2,482.86
2,441.33
2,420.29
2,494.09
2,506.11
2,451.11
2,505.84
2,423.24
2,494.98
2,480.54
2,479.53
2,520.11
2,471.01
2,492.03
2,461.86
2,499.91
2,402.49
2,502.36
2,387.86
2,455.63
2,591.91
2,518.23
2,387.86
2,525.63
2,558.23
2,663.64
2,885.04
2,938.92
3,118.20
2,984.48
2,968.70
2,907.38
2,865.42
3,129.92
2,987.92
2,941.50
2,890.96
2,937.96
2,904.00
2,982.48
2,865.42
2,914.14
2,979.20
2,994.86
2,961.94
2,953.04
2,917.94
2,964.34
2,979.42
2,929.58
2,904.34
2,992.90
3,007.32
2,941.32
3,007.00
2,907.88
2,993.96
2,976.64
2,975.42
3,024.12
2,965.20
2,990.42
2,954.22
2,999.88
2,882.98
3,002.82
2,865.42
2,946.74
3,110.28
3,021.86
2,865.42
3,030.74
3,069.86
3,196.36
1,170.63
1,337.86
1,505.09
1,839.55
2,174.02
2,508.48
3,010.18
(40)
ITEM
4(a)
23 MARCH 2016
Member:
Councillor
Rob
Middleton
(Resources
and
Report Sponsor: Tim Hannam, Corporate Director Resources Tel: 01908 252756
Author and Contact: Nicole Jones, Service Director Finance and Resources Tel: 01908
252079.
Executive Summary:
Milton Keynes Council has a significant financial challenge, as demand for services
increases while Government funding reduces. This means the Council will need to deliver
cashable savings of 42.6m over the period 2017/18 to 2019/20. The financial strategy to
address this budget gap is based on three principles smarter, sustainable and different.
In January 2016, the Cabinet agreed to recommend to Council that Milton Keynes Council
joins LGSS (an existing shared service between Cambridgeshire and Northamptonshire
County Councils) as a partner, based on the Outline Business Case (OBC) provided. Since
this decision, the proposal has been subject to formal scrutiny by the Audit Committee and
1.
Scrutiny Management Committee.
Joining LGSS as a partner will deliver 4.5m of financial savings over the period 2016 to
2.
2020, RECOMMENDATIONS
which will be shared with LGSS. In addition any benefits beyond the medium term
financial plan requirements will be shared. As well as a clear financial benefit, the OBC
sets out a number of non-financial benefits, such as resilience and flexibility, specialist
roles, shared systems and support and sharing best practice, which further strengthens the
rationale for proceeding with this shared service.
This paper outlines the governance and decision making for the shared service and the
Delegation and Joint Committee Agreement, which will enact the change.
1.
Recommendations
1.1
That the proposal for the Council to join the LGSS arrangements be supported.
1.2
That the Councils relevant employees be placed at the disposal of the other
councils in the LGSS shared services, in accordance with Section 113 of the Local
Government Act 1972 and any successor legislation, for the purposes of the
efficient and effective provision, to the Councils, of the LGSS shared services.
1.3
That the Chief Executive and the Corporate Director Resources, in consultation with
the three group leaders, be authorised to conclude the final agreement.
1.4
That the proposal for the Councils Executive to delegate, subject to the constraints
set out in paragraph 6.1, from time to time certain functions to the joint committee
known as LGSS be noted.
(41)
23 March 2016
1.5
That three councillors be appointed as members to the LGSS joint committee, one
of whom is to be a member of the executive, the other two reflecting the main
opposition parties, while the Council is no overall control.
2.
Background
2.1
Milton Keynes Council has a significant financial challenge, as demand for services
increases while Government funding reduces. This means the Council will need to
deliver cashable savings of 42.6m over the period 2017/18 to 2019/20. The
financial strategy to address this budget gap is based on three principles smarter,
sustainable and different.
2.2
In October 2015, Cabinet gave approval to create an outline business case (OBC)
based on the proposal that Milton Keynes Council would join LGSS (a public sector
shared services venture wholly owned by Cambridgeshire and Northamptonshire
county councils) as a full Joint Committee partner. The resulting OBC, which was
considered by Cabinet on 11th January 2015, addresses all three principles of the
financial strategy, but is primarily a proposal to deliver services differently.
2.3
The Outline Business Case identified that joining LGSS as a partner will deliver
4.5m of financial savings over the period 2016 to 2021, which will be shared
between Milton Keynes Council and LGSS. In addition any benefits beyond the
medium term financial plan requirements will be also shared. As well as a clear
financial benefit, the OBC set out a number of non-financial benefits, such as
resilience and flexibility, specialist roles, shared systems and support and sharing
best practice, which strengthens the rationale for proceeding with this shared
service.
3.
Introduction
3.1
In January 2016, the Cabinet recommended to Council that Milton Keynes Council
should join LGSS as a full Joint Committee partner, based on an Outline Business
Case1. This report explains the formal agreement required to enact this change
(Delegation and Joint Committee Agreement); the impact on the Councils
Constitution; responses given to Councillors in the Audit Committee and Scrutiny
Management Committee review of the proposal and the proposed rotation of the
Joint Committee Chair.
4.
Scope
4.1
The table below sets out the services proposed to be included in the shared
services arrangement with LGSS:
January
Cabinet Report
Scope of Services
Human
Resources
This report and the Outline Business Case is available with 11th January 2016 Cabinet papers
23 March 2016
(42)
January
Cabinet Report
Scope of Services
excluded at this time.
Finance
ICT
Revenues
Benefits
Procurement
Insurance
Internal Audit,
Risk
Management
and Fraud
Democratic
Services
5.
5.1
In order to join the Joint Committee as a partner the Council will need to sign and
seal the Delegation and Joint Committee Agreement (attached at Annex A). This
agreement is based on the current agreement between Northamptonshire County
Council (NCC) and Cambridgeshire County Council (CCC).
5.2
The agreement sets out the main operating and governance arrangements for the
Joint Committee and schedule 2 (Annex Ai) defines the delegations to the Joint
Committee. It is important to understand the delegations in schedule 2 are for all
three partners, so reflects some of the differences in the constitutions and operating
arrangements of the councils.
(43)
23 March 2016
5.3
The key difference is that MKC is not delegating its Chief Finance Officer (S151
officer) or legal services (including the Monitoring Officer) to the Joint Committee.
This means MKC delegations do not need to be as detailed as some of the NCC
and CCC sections in the agreement. NCC and MKC also operate an executive and
leader model, while CCC operates a committee system.
5.4
These differences mean that for some areas the delegation agreement needs to be
detailed, while for MKC the delegations and reservations can remain at a relatively
high level.
6.
6.1
The majority of matters dealt with by LGSS are operational in nature. They
implement the decisions of the constituent authorities. The vast majority of
decisions which would have come before the executive or council will continue to
come forward in exactly the same fashion. It is important to be clear what is outside
the scope of LGSS. It cannot when, undertaking MKC work, deal with matters that
go beyond:
the Councils Constitution, including:
o Access to Information Procedure Rules Article 14 (Key Decision);
o Overview and Scrutiny Procedure Rules (Call-in provisions);
o Executive Procedure Rules;
o Article 4 (the Policy Framework) and any other plans and strategies
approved by Cabinet or Full Council;
o Procurement standing orders and Financial Regulations;
o the relevant officers code of conduct; and
o Contract Procedure Rules and all other relevant policies, procedures,
protocols and provisions.
The Budget
6.2
The Councils Constitution allows under sections 11.2 and 11.4, for powers to be
devolved to a Joint Committee. Schedule 2 of the Delegation and Joint Committee
Agreement (Annex Ai) sets out the formal delegations being made to LGSS and the
reserved matters. There is no further requirement to amend the Constitution to
reflect the creation of the LGSS Joint Committee or the delegations required.
7.
7.1
Audit Committee reviewed the LGSS proposal at its meeting on 26 January 2016
(Minute AC30 refers). The Committee expressed a number of concerns about the
potential for a detrimental impact on the internal audit service available to this
Council. Also if the Councils Assistant Director (Audit and Risk Management) was
to manage the internal audit service for LGSS less of his time would be available to
the Council. The Committees resolution was to highlight these concerns to the
Scrutiny Management Committee and allow them to be fully considered as part of
its discussions on 27th January 2016.
(44)
23 March 2016
7.2
7.3
7.4
7.5
The discussions also explained that the Chief Finance Officer (S151) role will not be
delegated to LGSS and will continue to be delivered by the Corporate Director,
Resources. The Corporate Director, Resources will also have a role on the LGSS
Operational Board to lead and shape services going forward, ensuring that the
direction and needs of MKC are taken into account (as set out in Annex B).
7.6
There was also a discussion about the potential for wider benefits from the LGSS
partnership through managed budgets, which are those areas managed by LGSS
but not formally part of the shared service. For example the cost of mobile phones,
which would remain a Council cost, but joint procurement for current LGSS partners
had enabled a cost reduction from 1.2m to 0.12m. It is not possible to define
these benefits at the moment, but this is likely to be a substantial future benefit for
the Council.
7.7
It was also recognised that the LGSS partnership provides an opportunity for wider
benefits through additional trading. MKC joining LGSS will enhance the reputation
of the shared service; provide critical mass and a greater regional presence. The
ambition is both to increase small scale trading (for example individual schools) but
also to encourage other councils and public sector services to join the shared
service.
7.8
Response
(45)
23 March 2016
Response
23 March 2016
Response
That Cabinet be requested to agree to Noted, but not relevant for this decision.
receive a report within six months which
provides options for the future provision
of legal services.
8.
Governance
8.1
LGSS is managed through a Joint Committee. This is a decision making body, with
delegated powers from each partner council. The Committee currently comprises 3
Councillors from both Northamptonshire and Cambridgeshire County Councils, as
the partners. The Chief Executives of both councils are currently advisers to the
Committee, but have no voting rights.
8.2
Milton Keynes would have three new Councillors on the Joint Committee (making a
total of 9), and the Chief Executive would also act as an advisor. Milton Keynes will
nominate Councillors to the Committee as part of the annual process to confirm
membership of all Committees. The recommendation in this report reflects the
recommendation made by the Scrutiny Management Committee that appointments
should be made on a 1:1:1 basis, while the Council remains no overall control. Full
voting rights will apply equally to all Committee members i.e. one member, one vote
(with the Chair having a casting vote if/as required).
8.3
The Joint Committee is responsible for setting the LGSS Budget (within the
amounts delegated by individual councils); agreeing the service plan; monitoring
performance and quality of service delivery and making decisions on expenditure
and commercial arrangements.
8.4
2016/17
2017/18
2018/19
NCC
CCC
MKC
NCC
CCC
MKC
NCC
CCC
8.5
It is proposed that the required quorum for the meeting is one member from each
Council (of the three) to reflect the practical challenges in arranging meetings of the
Joint Committee.
8.6
It should be noted that policy and procurement decisions relating to the wider
operation of the Council remain with Milton Keynes Council. For example even
though the service delivery for Revenues and Benefits would be in LGSS, Milton
Keynes Council would still be responsible for setting policies on matters such as
Local Welfare Provision.
(47)
23 March 2016
8.7
If there was an opportunity for a joint procurement, Milton Keynes Council would
either need to delegate the approval for the leadership and decision making for that
contract to a partner council, or Milton Keynes Council could still make a decision to
approve the stage to go out to tender, approving the specification and then allow a
single partner authority (which in some cases may be MKC) to award once tenders
have been received.
8.8
Given the S151 role is a nominated director on the LGSS operations board, and
the Cabinet Member for Resources likely strategic decision making role on the Joint
Committee, Council and Opposition Parties would be able to receive reports and
exercise meaningful challenge, in connection to both strategic and operational
matters at LGSS at regular junctures.
8.9
The day one Operational Board responsibilities are set out in Annex B. This reflects
the fact that a number of changes will need to be made over the next few weeks
and months to develop integrated services; share and develop best practice and
deliver financial benefits, as set out in the Outline Business Case. These
Operational Board responsibilities will adapt and change as services are developed.
An early example is the Procurement service, which will be integrated from April,
allowing access to a category management approach.
8.10
While the Corporate Director Resources will join LGSS as one of the Directors on
the Operational Board, this role will remain part of the Corporate Leadership Team
for Milton Keynes Council and will continue to report to the Chief Executive.
9.
Annexes
9.1
10.
Implications
10.1
Policy
Annex A
Annex Ai
Annex B
This proposal reflects the financial strategy which requires costs to be reduced
through smarter and more sustainable models of service delivery.
10.2
Capital
IT
Yes
Yes
Revenue
Medium Term Plan
No
Yes
Accommodation
Asset Management
The financial benefits to MKC were outlined in Appendix B of the Shared Services
Partnership (LGSS and Milton Keynes) report from 11th January 2016 Cabinet.
The division of benefits between MKC and LGSS is commercially confidential, but
was outlined for Councillors at Annex C of the same report. Annex C is confidential
but is available on request to Councillors if required.
These source documents can be found at: However, with more detailed design
work and more time it is felt that the remaining benefits required will be identified. In
addition it is likely that measures such as joint procurements will reduce costs for
the wider council.
(48)
23 March 2016
However, in developing the OBC managers have considered the need for additional
investment. The table below sets out the investment requirements and potential
funding sources.
MKC LGSS
000 000 000
4,300 1,600 2,700
961
961
Funding
Source
Capital
Capital
Description
IT ERP solution
IT data hosting
Service
IT
IT
E recruitment
HR transactions
13
13
MKC
DBS e bulk
Revenue & Benefits
system
HR transactions
Revenues &
Benefits
MKC
TBA
TBA
TBA
Debt recovery
30
15
5,305 2,590
15
2,715
TBC
Additional
Benefits
MKC has already approved Resource allocation in the Capital Programme of 1.3m
for the ERP replacement and 1.1m for data hosting, a total of 2.4m. The total
cost of these projects under an LGSS agreement would be 2.56m. While MKC will
only pay for actual additional costs incurred, this leaves a shortfall of 0.16m for
these two programmes. However, MKC will make an ongoing saving of 0.14m,
from the licence and support savings from SAP (there will be significant additional
benefits from changes to processes), which will be deferred for a year to pay for the
additional implementation costs, if required.
The remainder, along with costs for DBS e bulk and e-recruitment, a total of
0.035m will be funded from the MKSP reserve. The Council had been looking at
potential solutions in both these areas, but the implementation costs would be
significantly higher than using a solution which is already developed and in place.
These process improvements are also expected to deliver additional financial
benefits from Milton Keynes Council services, although the value of this benefit has
yet to be determined.
Risks and Mitigations
The key risks and mitigations for this proposal are as follows:
Risk
Mitigation
(49)
23 March 2016
10.3
Risk
Mitigation
10.4
Legal
The Council has to agree to to place relevant employees at the disposal of the other
councils in the LGSS shared services, in accordance with Section 113 of the Local
Government Act 1972 and any successor legislation, for the purposes of the
efficient and effective provision, to the Councils, of the LGSS shared services. This
is the essence of a shared service arrangement.
This is the pooling of certain delivery arrangements between a number of councils
which are executive functions already delegated to and exercised by officers of the
council.
The joint committee can delegate functions to staff, in effect it operates very much
as does a department of the council. There are safeguards built into the
agreement. Officers in the exercise of functions delegated by this scheme may not
in the case of MKC:
make Key Decisions unless where specifically provided for by the
Constitution
(50)
23 March 2016
Other Implications
No
Equalities / Diversity
Yes
Sustainability
No
Human Rights
No
E-Government
Yes
Stakeholders
No
No
Background Papers:
(51)
23 March 2016
ANNEX A
Dated
Status: Draft
(52)
CONTENTS
Clause
Page
4
11
11
11
13
13
14
14
16
17
18
18
18
20
20
20
22
23
24
24
25
25
25
26
26
27
27
27
27
28
Schedules
1 Constitution of the Joint Committee
2 Delegated Functions and Shared Services
3 Notice Provisions
4 Relevant Posts
5 Financial Schedule
6 CCC/NCC Distribution Formula
30
37
38
39
40
44
Status: Draft
(53)
Cambridgeshire County Council of Shire Hall, Castle Hill, Cambridge CB3 0AP
(CCC)
(2)
(3)
Milton Keynes Council of Civic Offices, 1 Saxon Gate East, Central Milton Keynes
MK9 3EJ (MKC)
BACKGROUND
(A)
CCC, NCC and MKC are local authorities for the purposes of the Local Government
Act 1972 and best value authorities for the purposes of the Local Government Act
1999.
(B)
CCC and NCC have established and participate in a joint committee (the Joint
Committee) to facilitate the joint delivery of certain of their functions (the CCC and
NCC Delegated Functions) with a view to their more economical, efficient and
effective discharge. These functions comprise those associated with the Shared
Services as listed in Schedule 2. CCC and NCC have delegated their Executive and
Non-Executive functions as set out in Schedule 2.
(C)
MKC wishes to participate in the Joint Committee to facilitate the joint delivery of
certain of its functions (the MKC Delegated Functions) with a view to their more
economical, efficient and effective discharge. CCC and NCC have agreed that MKC
should be a participant in the Joint Committee. The MKC Delegated Functions shall
comprise those associated with the Shared Services as listed in Schedule 2. MKC
has agreed to delegate its Executive and Non-Executive functions as set out in
Schedule 2.
(D)
The Councils have entered into this Agreement in reliance on the exclusive rights
Status: Draft
(54)
Additional Benefits
Assets
Business Day
Status: Draft
(55)
Delegated Functions
DPA
Financial Schedule
Status: Draft
(56)
5
Exempt Information
FOI Legislation
Finance Officer to the Joint Committee the officer designated as Finance Officer to
the Joint Committee by the Councils or such other
officer of the Councils as may be agreed by the Joint
Committee from time to time
Financial Monitoring Report
Information Request
Status: Draft
(57)
Planned Benefits
Status: Draft
(58)
all investment costs expected to arise from any PreExisting Partnering Agreement
Pre-Existing IPR
Relevant Posts
Relevant Employees
Reserved Function(s)
Secretary to the Joint Committee the officer designated as Secretary to the Joint
Status: Draft
(59)
Shared Service(s)
Strategic Plans
Status: Draft
(60)
1.2
1.3
The headings are inserted for convenience only and shall not affect the construction
of this Agreement.
1.4
Words importing one gender include all other genders and words importing the
singular include the plural and vice versa.
1.5
1.6
1.7
Status: Draft
(61)
10
2.1
In exercise of their powers under sections 101(5) and 102 of the Local Government
Act 1972, sections 19 and 20 of the Local Government Act 2000 and all other
enabling powers the Councils hereby agree to continue to constitute the Joint
Committee which was originally constituted under the Previous Agreement as set
out in Schedule 1 which shall govern the operation of the Joint Committee, to be
known as The LGSS Joint Committee (and within this Agreement also referred to as
the Joint Committee) with effect from the Commencement Date.
2.2
By entering into this Agreement CCC and NCC agree that the Previous Agreement
is hereby superseded.
3.
3.1
The Councils agree that the Joint Committee shall continue to be constituted and
shall continue to operate and conduct its business in accordance with the terms of
this Agreement including the Constitution of the Joint Committee as set out at
Schedule 1.
3.2
The Councils hereby agree to establish a scheme of delegation from the Full
Council, the Leader and the Head of Paid Service in order to empower the Joint
Committee to discharge on their behalf the Delegated Functions as set out in
Schedule 2 and empower the Joint Committee to arrange for the discharge of the
Delegated Functions in the manner set out in this Agreement with effect from the
Commencement Date.
4.
4.1
Each Council shall submit to the Finance Officer of the Joint Committee before the
end of August each year, their estimate of the funding likely to be available to fund
the Shared Services for the following three financial years.
4.2
The LGSS Managing Director shall submit draft proposals to the Joint Committee for
the managing of budget reductions before the end of November each year.
Status: Draft
(62)
11
4.3
The Joint Committee shall approve the budget for LGSS no later than 31st March.
4.4
The LGSS Managing Director shall prepare and submit to the Joint Committee no
later than March each year a written Strategic Plan for the Shared Services for the
next three financial years. This shall take into account any constraints arising from
clause 4.1 above and set out the outcomes and outputs to be achieved and resource
the impacts for the Shared Service.
4.5
On receipt of the Strategic Plan for the Shared Services, the Joint Committee shall
by the end of the financial year, review, make such amendments as it thinks fit and
approve the Strategic Plan.
4.6
The Joint Committee shall be responsible for reviewing the actual performance of
the Shared Services against the Strategic Plan.
4.7
The Finance Officer shall produce and circulate the Financial Monitoring Report to
the Councils Section 151 Officers, LGSS Managing Director and LGSS Directors
each month and shall produce the Financial Monitoring Report to the formal Joint
Committee meeting on a quarterly basis not later than 2 months after the period to
which the report relates.
4.8
The Finance Officer to the Joint Committee shall submit an annual account, detailing
the expenditure and income of the Joint Committee to the Joint Committee by 30th
May or as soon thereafter as is reasonably practicable in each year in respect of the
previous financial year.
4.9
The Finance Officer to the Joint Committee shall submit a draft set of accounts to
the Joint Committee for sign off prior to audit by 30 th June each year, (or such other
date as may be necessary to ensure compliance with statutory deadlines)
4.10
The LGSS Managing Director shall submit to the Joint Committee each year, an
annual report on the activities of the Shared Services over the past year including
the annual LGSS accounts and explaining the main plans and activities for the
coming year.
4.11
The Councils Section 151 Officers and other authorised officers shall have access
at all times to the relevant financial records of the Councils and shall be entitled to
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The Councils Heads of Audit and Monitoring Officers shall have right of access to all
records, assets, personnel and premises, including those of partner organisations
and the authority to obtain such information and explanations as they consider
necessary to fulfil their responsibilities.
4.13
The Financial Schedule shall be amended as the Councils may agree in the event
that any Council withdraws from this Agreement.
5.
5.1
Each Council shall provide suitable working accommodation for each of the Relevant
Employees as may be determined by the structure from time to time established by
the Joint Committee for the performance of each of the Shared Services.
5.2
It is intended that Relevant Employees will remain in their existing locations where
feasible, although re-location of staff may take place where, in the opinion of the
Joint Committee, this will enhance the efficiency of the Shared Service. Any relocation of employees shall be undertaken in accordance with the employing
Council's procedures in that regard.
5.3
6.
SUPPORT SERVICES
6.1
6.2
If any Council believes that additional Support Services may be required for the
effective management or performance of the Shared Services it shall consult the
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ASSETS
7.1
The Councils agree that from the Commencement Date they will make available all
appropriate Assets under their respective control, free of charge, for use by the
Councils in the delivery of the Shared Services.
7.2
The value of the Assets shall be distributed between the Councils on termination in
accordance with clause 16.
8.
8.1
Subject to clause 8.4 all losses, claims, expenses, actions, demands, costs and
liabilities incurred by the Joint Committee from the date of this agreement in fulfilling
obligations under this Agreement shall be shared by the Councils in accordance with
the Net Budget Sharing Ratio.
8.2
Subject to clause 8.4 each Council shall (and hereby undertakes with the other
Councils to) indemnify the other Councils against and/or contribute to and pay a
share of all or any liabilities claims costs and/or expenses of or incurred by the other
Councils arising out of or in connection with or in the course of or as a result of it
being a member of the Joint Committee and fulfilling its obligations under this
Agreement, including liabilities arising in relation to staff employed as a result of this
agreement, with the intent that the Councils being indemnified and the other Council
shall be jointly liable for all such liability to claims costs and/or expenses in
accordance with the Net Budget Sharing Ratio or as otherwise agreed
PROVIDED THAT such indemnity on the part of the Councils shall not extend to
liabilities or claims arising or costs and/or expenses incurred by reason or in
consequence of any of the following on the part of the Council seeking to be
indemnified that is to say breach by the Council of its obligations under this
Agreement; gross negligence; gross misconduct; persistent breach of law or duty
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(this is to say persisted in after the same shall have been brought to the attention of
the relevant Council); any act or omission known or that should have been known
to the relevant Council to be contrary to proper local government practice or local
government law or substantial or persistent failure (after reasonable notice) to
redress performance of the duties of the relevant Council which shall not comply
with the requirements or the standards of or set by this Agreement.
8.3
For the avoidance of doubt, such indemnity shall include matters relating to the
employment and transfer of staff, losses, costs, expenses or liabilities arising from
contracts with third parties and in relation to assets, by way of illustration.
8.4
The Councils acknowledge and agree that CCC and NCC shall be liable for all
losses, claims, expenses, actions, demands, costs and liabilities incurred by the
Joint Committee in fulfilling obligations under Pre- Existing Partnering Agreements.
CCC and NCC shall share all costs arising from such Pre- Existing Partnering
Agreements in accordance with the CCC/NCC Distribution Formula (Schedule 6).
8.5
Subject to clause 8.6 the Councils acknowledge and agree that the benefits accruing
to the Joint Committee under all Pre-Existing Partnering Agreements shall be shared
by CCC and NCC in accordance with the CCC/NCC Distribution Formula (Schedule
6).
8.6
Where the Councils agree that the participation of MKC in this Agreement has
resulted in Additional Benefits being generated under such Pre-Existing Partnering
Agreements or in the reduction of Investment Costs for CCC or NCC relating to such
Pre-Existing Partnering Agreements the Additional Benefits shall be shared between
the Councils in accordance with the Net Budget Sharing Ratio and MKC shall pay
any Additional Investment Costs arising above the Planned Investment Costs.
87
The Finance Officer to the Joint Committee shall at the end of each financial year
prepare a statement which equalises the financial outturn for each Council in
accordance with the Net Budget Sharing Ratio. In the event that there are any inyear individual transactions on the part of one Council which would have a loss of
interest impact greater than 50,000 as a result of the cash flow, an ad hoc interCouncil payment will be agreed by the Councils to equalise the financial outturn for
each Council.
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8.8
9.
INSURANCE
9.1
9.1.2
the insurance obtained is effective no later than the date on which the
relevant risk commences;
9.1.3
it is responsible for meeting and promptly pays all costs of all insurance
premia for the insurances referred to in clause 9.2; and
9.1.4
upon written request it provides to the other Council making the written
request:
9.1.4.1
9.1.4.2
9.1.4.3
9.2
Each Council shall ensure that at all times an adequate level of insurance is
maintained by it in respect of the provision of the Shared Services and in particular
that public liability insurance of no less than 25,000,000 (twenty five million pounds)
is taken out and maintained from the Commencement Date and throughout the
duration of this Agreement.
9.3
Where any Council allows its premises to be used to allow Relevant Employees to
work on matters relating to this Agreement that Council shall ensure that adequate
insurance cover is effected and maintained to cover employee liability (including
vicarious liability for Relevant Employees employed by the other Councils), public
liability and any other insurance requirements which may accord with good practice.
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9.4
Each Council warrants to the others that as at the date of this Agreement:
9.4.1
it has provided a copy of this Agreement to its insurer (in this clause 9, the
Insurer); and,
9.4.2
upon receipt of a notice from an Insurer to a Council that the terms of the
insurances required under this clause 9 have changed or that the Insurer
withdraws its insurance that Council shall promptly notify the others and
use its best endeavours to forthwith obtain replacement insurance as
required under this clause 9.
10.
STAFFING
10.1
10.2
10.3
10.4
The LGSS Director of each Shared Service shall be responsible for the day to day
management of the Relevant Employees within his respective service functional
areas, including but not limited to performance management, allocation of holiday,
training, personal development reviews and sickness absence issues in accordance
at all times with any applicable terms and conditions of employment and the agreed
Policies and Procedures. For the avoidance of doubt this will include administering
ill-health and disciplinary procedures, in respect of instances of long term sickness
absence by a Relevant Employee and/or where formal disciplinary action may lead
to dismissal of a Relevant Employee.
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10.5
Each Council shall ensure that all Relevant Employees are provided with appropriate
authorisation to perform the Shared Services.
10.6
The Councils each hereby agree to place their Relevant Employees at the disposal
of the others, in accordance with Section 113 of the Local Government Act 1972 and
any successor legislation, for the purposes of the efficient and effective provision, to
the Councils, of the Shared Services.
11.
DURATION OF AGREEMENT
11.1
This Agreement shall come into force on the Commencement Date and shall
continue until terminated in accordance with the provisions of this Agreement.
12.
12.1
Any of the Councils may request a variation to this Agreement by making such a
request in writing to the Secretary to the Joint Committee.
12.2
The Secretary to the Joint Committee shall circulate the request to each of the
Councils within 10 Business Days of receipt of the request for consideration and
approval by the Councils.
12.3
If all of the Councils approve the variation then the Secretary to the Joint Committee
shall arrange for the preparation of an appropriate Deed of Variation to this
Agreement to be prepared for execution by all of the Councils and such change shall
only take effect upon completion of that Deed and the costs associated with the
preparation of such Deed of Variation shall be shared equally between the Councils.
12.4
If one of the Councils does not approve the change then the change to this
Agreement shall not occur.
13.
13.1
Any Council may withdraw from the Joint Committee in accordance with the
following procedure:
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13.1.1
Any Council which wishes to withdraw from the Joint Committee shall give
not less than 18 months notice (or such other period of notice as the
Councils may agree) to the other Councils and the Secretary to the Joint
Committee of its intention to do so. The Secretary to the Joint Committee
shall consult the Councils upon which such notice has been served giving
due consideration to:
13.1.1.1
13.1.1.2
13.2
Any Council wishing to withdraw from the Joint Committee undertakes as a condition
of such withdrawal to make, prior to withdrawal, such reasonable payment or
payments which fairly reflect the actual costs, claims, losses, liabilities or expenses
caused by or anticipated as a result of the withdrawal as shall be determined by the
other Councils pursuant to clauses 4, 8 and 13.1 above and no notice under this
clause 13 shall take effect unless and until such payment has been made.
13.3
The Joint Committee reserves the right to recover from any party to this Agreement
the costs of any claims, costs, expenses, losses or liabilities of any nature or which
have been caused by any act or omission of that party and which are discovered
after the partys withdrawal from this Agreement.
13.4
Where more than one Council withdraws from this Agreement the Agreement shall
terminate and the provisions of clause 16 shall apply.
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14.
14.1
The Councils (and where the context requires, the Heads of Paid Service of the
Councils) undertake and agree to pursue a positive approach towards dispute
resolution which seeks (in the context of this joint working arrangement) to identify a
solution at the lowest operational level that is appropriate to the subject of the
dispute and which avoids legal proceedings and maintains a strong working
relationship between the parties.
14.2
Any dispute or difference shall in the first instance be referred to the LGSS Director
to resolve in liaison with the other Councils. In the event that such matters cannot be
resolved within 10 Business days it shall be referred to the LGSS Managing Director
and in default of agreement within a further 10 Business Days the matter shall be
referred to the Heads of Paid Service. If the Heads of Paid Service are unable to
resolve the matter then it shall be referred to the Joint Committee for determination.
14.3
In the event of any dispute or difference between the Councils relating to this
Agreement which it has not been possible to resolve through the decision making
processes of the Joint Committee (whether this may be a matter of interpretation or
otherwise) the matter shall be referred to arbitration in accordance with clause 15.
15.
ARBITRATION
If at any time any dispute or difference shall arise between the Councils or any of
them which they are not able to resolve in accordance with this Agreement the same
shall be referred to and settled by a single arbitrator to be appointed by agreement
by the Councils; or in default of agreement, nominated on the application of any of
the Councils by the Secretary of State where the dispute or difference relates to
costs and expenses arising under this Agreement, or by the President of the Law
Society of England and Wales in respect of any other matter. The Councils further
agree to bear their costs incurred in conducting the arbitration.
16.
TERMINATION
16.1
Without prejudice to Clause 13.1 the Councils agree that this Agreement may be
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determined upon terms agreed by all of the Councils subject to the terms of this
Agreement.
16.2
Any party shall supply to any other party when requested any information
which the other party requires for the continuing provision by that other
party of any of the Shared Services.
16.2.2
16.2.3
16.3
In the event of termination of this Agreement, all Assets held by each of the Councils
for the purposes of this Agreement shall:
16.3.1
16.3.2
Be sold for the best consideration possible and the proceeds of sale
divided between the Councils proportionate to the average cost of the
Shared Services over the previous year, or where relevant; or
16.3.3
Be retained by each Council for its own use and purposes subject to an
equitable financial settlement to the other Councils as agreed between the
Councils; or
16.3.4
16.3.5
16.4
It shall be the duty of all of the parties to try to minimise any losses arising from
the determination of this Agreement. Amongst other issues the Councils shall
use their best endeavours to offer priority redeployment to any employees then
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17.
NOTICES
17.1
Form of notice
Any demand, notice or other communication given in connection with or required by
this Agreement shall be made in writing and shall be delivered to, or sent by prepaid
first class post to, the recipient at the address stated in Schedule 3 (or such other
address as may be notified in writing from time to time) or sent by electronic mail to
the electronic mail address of the recipient stated in Schedule 3 (or such other
address as may be notified in writing from time to time).
17.2
Service.
Any such demand, notice or communication shall be deemed to have been duly
served:
17.2.1
17.2.2
if given or made by prepaid first class post, two Business Days after being
posted; or
17.2.3
provided in each case that if the time of such deemed service is either after 4.00 pm
on a Business Day or on a day other than a Business Day, service shall be deemed
to occur instead at 10.00 am on the next following Business Day.
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18.
18.1
The Councils shall keep confidential any Commercially Sensitive Information relating
to this Agreement or the Intellectual Property Rights of the parties and shall use all
reasonable endeavours to prevent their employees and agents from making any
disclosure to any person of any Commercially Sensitive Information relating to the
Agreement or Intellectual Property Rights of the parties.
18.2
18.2.3
(Arbitration);
18.2.4
Any disclosure which is required by any law (including any order of a court
of competent jurisdiction), any Parliamentary obligation or the rules of any
stock exchange or governmental or regulatory authority having the force
of law;
18.2.5
1.2.6
18.2.7
18.3
Where disclosure is permitted under clause 18.2, the recipient of the information
shall be placed under the same obligation of confidentiality as that contained in this
Agreement by the disclosing Council.
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19.
DATA PROTECTION
19.1
The Councils shall at all times comply with the DPA, including maintaining a valid
and up to date registration or notification under the DPA, covering any data
processing to be performed in connection with this Agreement and their
responsibilities as data processors and/or data controllers.
19.2
The Councils shall only undertake processing of Personal Data reasonably required
in connection with the operation of this Agreement and in accordance with this
clause and any relevant legal requirements.
19.3
The Councils shall not transfer any Personal Data to any country or territory outside
the European Economic Area.
19.4
The Councils shall not disclose Personal Data to any third parties other than:
19.4.1 in response to a data subject access request;
19.4.2 to employees and contractors to whom such disclosure is necessary in
order to comply with their obligations under this Agreement; or
19.4.3 to the extent required to comply with a legal obligation.
20.
20.1
The Councils agree that scrutiny relating to this Agreement and the Shared Services
shall be the responsibility of each Council.
20.2
The relevant committees of each Council responsible for scrutiny and audit shall
have the right to inspect any documents relating to this Agreement and to require the
Joint Committee to answer any questions raised by them.
20.3
From the date of this Agreement until the end of the financial year 2017/18 the
accounts relating to the Shared Services and this Agreement shall be the subject of
audit by any external auditor appointed by any of the Councils and shall be open to
inspection by any external auditor appointed by the Audit Commission. From the
financial year 2018/2019 the accounts relating to the Shared Services and this
Agreement shall be the subject of audit by any external auditor appointed by the
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Councils.
20.4 Any increased cost in undertaking any audit relating to the Shared Services and this
Agreement shall be shared pro rata between the Councils on such terms as may be
agreed by the Councils.
20.5 The Councils agree that all procurement activities relating to the Shared Services or
the Delegated Functions shall be undertaken in accordance with the contract
procedure rules of CCC/NCC/MKC.
21.
VAT
21.1
The Councils agree that so far as permitted by law they shall not charge VAT on any
amounts payable under the terms of this Agreement as a non-business supply
arising out of an administrative event.
22.
INTELLECTUAL PROPERTY
22.1
This Agreement shall not affect the ownership of or the Intellectual Property Rights
in any Pre-Existing IPR. All Intellectual Property Rights in material created by or on
behalf the Councils during the provision of the Shared Services arising directly from
the performance of this Agreement and excluding Pre-Existing IPR shall unless the
Councils agree otherwise vest jointly in the Councils which will hold the Intellectual
Property Rights and they shall be held on behalf of all of the parties to this
Agreement at the time the rights were created.
23.
FREEDOM OF INFORMATION
23.1
The parties recognise that the Councils are public authorities as defined by FOI
Legislation and therefore recognise that information relating to this Agreement may
be the subject of an Information Request.
23.2
The parties shall assist each other in complying with their obligations under FOI
Legislation, including but not limited to assistance without charge, in gathering
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Any Council shall be entitled to disclose any information relating to this Agreement
and the Shared Services in response to an Information Request, save that in respect
of any Information Request which is in whole or part a request for Exempt
Information:
23.3.1
the Council which receives the Information Request shall circulate the
Information Request and shall discuss it with the other Councils;
23.3.2
the Council which receives the Information Request shall in good faith
consider any representations raised by the other Councils when deciding
whether to disclose Exempt Information; and
23.3.3
the Council which receives the Information Request shall not disclose any
Exempt Information beyond the disclosure required by FOI Legislation
without the consent of the Council to which it relates.
23.4
The parties to this Agreement acknowledge and agree that any decision made by a
Council which receives an Information Request as to whether to disclose information
relating to this Agreement pursuant to FOI legislation is solely the decision of that
Council. A Council will not be liable to any party to this Agreement for any loss,
damage, harm or detrimental effect arising from or in connection with the disclosure
of information in response to an Information Request.
24.
FORCE MAJEURE
All parties shall be released from their respective obligations in the event that a
Force Majeure Event renders the performance of this Agreement not reasonably
practicable whereupon all money due to any party under this Agreement shall be
paid immediately and clause 12 (Variation of this Agreement) shall apply, as if all
Councils in membership of the Joint Committee had agreed to determine this
Agreement.
25.
SEVERABILITY
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25.1
that shall not affect or impair the legality, validity or enforceability of any
other provision of this Agreement;
25.1.2
the parties shall in good faith amend this Agreement to reflect as nearly
as possible the spirit and intention behind that illegal, invalid or
unenforceable provision to the extent that such spirit and intention is
consistent with the laws of that jurisdiction and so that the amended
Agreement complies with the laws of that jurisdiction.
26.
SUCCESSORS
This Agreement shall be binding upon and shall ensure to the benefit of each partys
successors and permitted assigns.
27.
RELATIONSHIP OF PARTIES
Each of the parties is an independent local authority and nothing contained in this
Agreement shall be construed to imply that there is any relationship between the
parties of partnership or principal/agent or of employer/employee. No party shall
have any right or authority to act on behalf of another party nor to bind another party
by contract or otherwise except to the extent expressly permitted by the terms of this
Agreement.
28.
29.
ENTIRE AGREEMENT
This Agreement and all documents referred to in this Agreement set forth the entire
agreement between the parties with respect to the subject matter covered by them
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and supersede and replace all prior communications, representations (other than
fraudulent representations), warranties, stipulations, undertakings and agreements
whether oral or written between the parties. Each party acknowledges that it does
not enter into this Agreement in reliance on any warranty, representation or
undertaking other than those contained in this Agreement and that its only remedies
are for breach of this Agreement, provided that this shall not exclude any liability
which a party would otherwise have to the others in respect of any statements made
fraudulently by or on behalf of it prior to the date of this Agreement.
30.
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IN WITNESS whereof the parties have caused their respective Common Seals to be
hereunto affixed to this deed the day and year first before written
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SCHEDULE 1
Constitution of the Joint Committee
Each of the Councils shall appoint three Members (being elected members of that
Council) as its nominated Members of the Joint Committee. The Members
appointed shall have full voting rights.
Each Council may nominate one or more substitute Members to attend any meeting
in place of an appointed Member from that Council, subject to notification being
given to the Secretary to the Joint Committee before the start of the meeting. The
Member appointed as a substitute shall have full voting rights where the member
for whom they are substituting does not attend. If a Councils nominated Members
attend a meeting of the Joint Committee, any named substitute may also attend as
an observer but shall not be entitled to vote.
Each Member of the Joint Committee shall comply with the Code of Conduct of their
Council when acting as a Member of the Joint Committee.
Each of the Councils may remove any of its nominated Members or substitute
Members of the Joint Committee and appoint a different Member or substitute to
the Joint Committee by giving written notice to the Secretary to the Joint
Committee.
Each Council shall have three votes. These shall be exercised by the nominated
Members who are elected members of the Council. In the absence of a Councils
nominated Member, a vote may be exercised by the named substitute who is an
elected member of the Council.
Each Member of the Joint Committee shall serve upon the Joint Committee for as
long as he or she is appointed to the Joint Committee by the relevant Council but a
Member shall cease to be a member of the Joint Committee if he or she ceases to
be a Member of the Council appointing him or her or if the relevant Council
removes him or her as a Member of the Joint Committee.
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Any casual vacancies howsoever arising shall be filled by the Council from which the
vacancy arises by notice in writing sent to the Secretary to the Joint Committee.
Meetings of the Joint Committee shall be held at the venue or venues as agreed by
the Councils.
The appointment of a Chairman and a Vice Chairman shall be rotated between the
Councils annually from 1st August each year as set out in the table below. The
rotation process shall be repeated for subsequent years. The Members appointed
as Chairman and Vice Chairman shall remain in their respective appointed roles
until the first meeting taking place after the elapse of one year from their
appointment unless either such Member ceases to be a Member of the Joint
Committee.
2015-16
NCC
CCC
2016-17
CCC
MKC
2017-18
MKC
NCC
2018-19
NCC
CCC
The Joint Committee shall meet at least once every three months (quarterly) unless
otherwise determined by the Joint Committee.
11.
The Secretary to the Joint Committee may call additional meetings by providing at
least five clear days notice to Members of the Joint Committee, for the purposes of
resolving urgent matters arising between the meetings of the Joint Committee. The
Secretary to the Joint Committee must call a meeting of the Joint Committee if at
least one Member of the Joint Committee from each Council requests it or the Head
of Paid Service of each Council requests it.
12.
13.
The Secretary to the Joint Committee shall send electronically to all members and
relevant officers of each Council the agenda for each meeting of the Joint
Committee no later than five clear Business Days before the date of the relevant
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meeting. The Secretary to the Joint Committee shall send to all Members of the
Joint Committee, to the Political Group Leaders of each Council and relevant
officers of each Council, printed (or electronic if individually preferred) copies of the
agenda for each meeting of the Joint Committee no later than five clear working
days before the date of the relevant meeting.
14.
The Secretary to the Joint Committee shall arrange for written minutes to be taken
of each meeting of the Joint Committee and shall present them to the Joint
Committee at its next meeting for approval as a correct record. If the Joint
Committee confirms that the minutes contain an accurate record of the previous
meeting, those minutes shall be signed by the Chairman or Vice-Chairman.
15.
Meetings of the Joint Committee will commence at a time to be agreed by the Joint
Committee.
16.
A meeting of the Joint Committee shall require a quorum of one Member of each
Council who are entitled to attend and vote. If there is a quorum of members
present but neither the Chairman nor the Vice Chairman is present, the Members
present shall designate one Member to preside as Chairman for that meeting.
17.
Subject to the provisions of any enactment, all questions coming or arising before
the Joint Committee shall be decided by a majority of the Council Members of the
Joint Committee immediately present and voting thereon. Subject to the provisions
of any enactment, in the case of an equality of votes the Chairman shall have a
second or casting vote but before exercising this, the Chairman shall consider
whether it is appropriate to defer the matter to the next meeting of the Joint
Committee.
18.
Any Member of the Joint Committee may request the Joint Committee to record the
votes of individual Members of the Joint Committee on a matter for decision.
19.
A Member when speaking shall address the Chairman. If two or more Members
wish to speak, the Chairman shall call on one to speak. While a Member is
speaking other Members shall remain silent.
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20.
21.
Only one amendment to a proposal may be moved and discussed at a time and no
further amendment shall be moved until the amendment under discussion has been
disposed of, providing that the Chairman may permit two or more amendments to
be discussed (but not voted on) together if circumstances suggest that this course
would facilitate the proper conduct of the Joint Committees business.
22.
23.
The order of business shall be indicated in the agenda for the meeting.
24.
When a motion is under debate by the Joint Committee no other motion shall be
moved except the following:
24.1
24.2
24.3
24.4
24.5
24.6
24.7
24.8
24.9
25.
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now put, That the debate be now adjourned, or That the Committee do now
adjourn, on the seconding of which the Chairman shall proceed as follows:
25.1
25.2
on a motion that the question be now put; unless in his opinion the matter
before the meeting has been insufficiently discussed he shall first put to the
vote the motion that the question be now put
25.3
on a motion to adjourn the debate or the meeting; if in his opinion the matter
before the meeting has not been sufficiently discussed and cannot
reasonably be sufficiently discussed on that occasion put the adjournment
motion to the vote.
25.4
26.
Any member of the Councils who is not a Member of the Joint Committee is entitled
to attend the Joint Committee but he/she shall not be entitled to vote, shall not take
part in the consideration or discussion of any business, save by leave of the
Chairman and comments will be recorded only on the direction of the Chairman. A
Councillor who attends a meeting in this capacity will be entitled to remain in the
meeting when a resolution excluding the public is in force.
27.
Meetings of the Joint Committee will be open to the public except to the extent that
they are excluded under paragraph 29.
28.
Members of the public wishing to address the Joint Committee (or a subcommittee
of the Joint Committee) on Part I reports contained within the agenda for the
meeting shall be given the opportunity to do so subject to:
28.1
28.2
an indication of the desire to speak on the agenda item being made by the
person just prior to the meeting and the name supplied to the Committee
Secretary in attendance (by means of the register), the first person
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registering to have precedence in the event of more than one person wishing
to speak either for or against the agenda item;
28.3
28.4
28.5
in the event of the person having registered to speak on an agenda item not
wishing to take up their right to speak on the agenda item because it was
deferred, that person will automatically be given the right to speak on the
agenda item at the next meeting of the Joint Committee or sub-committee of
the Joint Committee; the Chairman of the meeting having discretion to rule
that a person wishing to address the meeting shall not be heard if, in his/her
opinion, that issue or the organisation or the person wishing to make
representation on that issue has received an adequate hearing.
29.
The public may be excluded from a meeting of the Joint Committee during an item
of business whenever it is likely, in view of the nature of the business to be
transacted or the nature of the proceedings, that, if members of the public were
present during that item, confidential information as defined in section 100A(3) of
the Local Government Act 1972 or exempt information as defined in section 100I of
the Local Government Act 1972 would be disclosed to them.
30.
31.
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32.
The Secretary to the Joint Committee shall provide governance and secretarial
support services to the Joint Committee on such terms as may be agreed from time
to time between the Councils. The Councils shall make available committee
officers to provide administrative services at the meetings of the Joint Committee.
33.
The Lawyer to the Joint Committee shall provide legal advice and support services
to the Joint Committee on such terms as may be agreed from time to time between
the Councils.
34.
The Finance Officer to the Joint Committee shall provide financial support services
to the Joint Committee on such terms as may be agreed from time to time between
the Councils.
Status: Draft
(87)
36
SCHEDULE 2
(Delegated Functions and Shared Services - See Separate Document)
Status: Draft
(88)
37
SCHEDULE 3
Notice Provisions
Cambridgeshire County Council, Shire Hall, Castle Hill, Cambridge CB3 0AP
Telephone: 01223 772961
Email: Quentin.Baker@cambridgeshire.gov.uk
Milton Keynes Council, Civic Offices, 1 Saxon Gate East, Central Milton Keynes
MK9 3EJ
Telephone: 01908 252200
Email: Carole.Mills@milton-keynes.gov.uk
Status: Draft
(89)
38
SCHEDULE 4
(Relevant Posts - Available on request)
Status: Draft
(90)
39
SCHEDULE 5
Financial Schedule
This schedule refers to Appendix B of the Outline Business Case for Milton Keynes Council
membership of LGSS Joint Committee (OBC) MKC / LGSS Partnership Financial
Arrangements dated 14th December 2015.
These source documents can be found at:
http://www2.cambridgeshire.gov.uk/CommitteeMinutes/Committees/Meeting.aspx?meetingI
D=1095
Status: Draft
(91)
40
SCHEDULE 6
CCC/NCC Distribution Formula
1.
General
1.1
The overriding principle is that the Parties will share costs, expenses and savings
involved in the LGSS fairly, transparently and on an equal share basis. There may
need to be exceptions, recognising that there may be differences in relation to the
historic and future usage of each of the Shared Services.
1.2
The Parties shall ensure that a separate account is kept in respect of all costs and
expenses involved in supporting the Joint Committee and in the delivery of the
Shared Services. Such account shall include the staff costs and agreed staff on
costs incurred by each of the parties, as well as overheads which will be calculated
to a jointly agreed formula. Where appropriate an equalisation payment between
the councils may be required to reflect overheads being borne disproportionately by
one of the councils.
2.
2.1
Each Council shall be responsible for one half of all costs and expenses relating to
the Joint Committee. Such proportion shall increase or reduce proportionately in
the event that any Council withdraws from or any new Councils join into the
provisions of this Agreement. This will include:
2.1.1
Costs of the Secretary; Finance Officer; and Legal support, where not
already part of the LGSS;
2.1.2
2.1.3
3.
3.1
Each Council shall be responsible for one half of the cost of any investment
required for the Delegated Functions, except where only one Council participates in
the Service. Investment shall include system changes, enhancements and service
transformation costs, such as: the purchase of equipment or expenditure on
enhancements to existing equipment; ICT software or hardware; expenditure on
installation of any new or enhanced equipment, and the cost of
employees/consultants to introduce and operate new equipment and systems.
3.2
4.
4.1
The annual cost of each Shared Service for CCC and NCC will be set and agreed
with the Joint Committee based on an Annual Service Plan agreed with CCC and
Status: Draft
(92)
41
NCC Councils as part of their annual MTFP planning procedures, and this annual
cost will only be adjusted by agreement in the event of significant in-year changes
requested in levels of service agreed for the year ahead by either Party during the
financial year. Significant changes for this purpose shall be more than 5% total
annual revenue cost change impacts for any relevant Shared Service.
5.
5.1
Any savings specifically accruing to CCC and NCC only achieved from the
discharge of shared Delegated Functions shall continue be split equally as
practiced to-date between the Councils with the following exceptions:
5.1.1. Any saving achieved in the administrating authority Pensions Service
function shall be shared with LGSS in accordance with the formal Service
Level Agreements agreed between LGSS and each Pension Fund and
accrue directly to the Pension Fund of CCC and NCC Councils.
5.1.2 Any saving achieved as a result of joint working between the Councils on a
service which is not included in the Delegated Functions is not covered by
this Agreement.
Status: Draft
(93)
42
ANNEX A(i)
The LGSS Joint Committee Scheme of Delegation - Shared Services and Delegated Functions
1.
1.1
Cambridgeshire County Council (CCC), Northamptonshire County Council (NCC) & Milton
Keynes Council (MKC):
Finance;
Internal Audit and Risk;
Information Systems and Communication Technology;
Procurement;
Insurance;
Democratic Services;
Human Resources;
Learning and Development;
HR Transactions and Payroll;
Financial Transactions accounts payable, accounts receivable & financial assessments;
Enterprise Resource Planning (ERP) and business systems; and
Business Support Service to schools.
1.2
1.3
1.4
Client Authorities:
See section 4.
2.
2.1
The Councils each agree that the Shared Services listed above will be provided under the
auspices of the Joint Committee (LGSS) which shall be responsible for the provision of the
Shared Service under delegated authority from the Councils to the Joint Committee, which
is set out set out below at Section 6.1 in respect of all of the Councils, at Section 6.2 in
respect of CCC and NCC only, at Section 6.3 in respect of CCC only, at Section 6.4 in respect
of NCC only and at Section 6.5 in respect of MKC only. These delegations are subject to the
conditions, limitations and the specific reservations, set out below.
2.2
In order to facilitate the efficient and effective conduct of the Shared Services, the Joint
Committee shall delegate certain functions and responsibilities to the LGSS Managing
Director and to the LGSS Service Directors. The LGSS Managing Director and the LGSS
Service Directors, where they consider it necessary, may sub-delegate to officers within
their respective service Directorates. Such delegations must be made in writing and must
be available for inspection by the Monitoring Officers and Section151 Officers of the
Councils.
(94)
2.3
Where an Officer listed in this scheme of Delegation is absent for any period, the LGSS
Managing Director may nominate in writing another officer to act in his/her place during
his/her absence and shall make a record of all such nominations. Without prejudice to the
generality of the above and to any specific delegation listed below, the officers listed in this
section are authorised to exercise the following functions of the Council, the Leader and
the Head of Paid Service, which relate to their area of responsibility.
Conditions Relating to the Exercise of Delegated Authority
2.4
The exercise of functions delegated to officers under this scheme must comply with:
i)
any legal requirement or restriction
ii)
the relevant Council's Constitution
iii)
the relevant Council's policy framework and any other plans and strategies
approved by the relevant Cabinet or Full Council/relevant Committee
iv)
the relevant in-year budget
v)
the relevant officers code of conduct
vi)
relevant Procurement standing orders and financial regulations
vii)
all other relevant policies, procedures, protocols and provisions.
Limitations to the Exercise of Delegated Powers
2.5
2.6
Where an officer takes a decision under delegated authority on a matter which has
significant policy, service or operational implications or is known to be politically sensitive,
the officer shall first consult with the appropriate Cabinet Member (MKC or NCC) or
Committee Chairman/woman (or in his/her absence the Vice-Chairman/woman) (CCC)
before exercising the delegated powers. When exercising delegated powers, officers shall
ensure that local Members are kept informed of matters affecting their divisions or wards.
3.
Specific Delegations
The delegations are listed as follows:
Section 6.1 All authorities (CCC, NCC and MKC);
Section 6.2 CCC and NCC only;
Section 6.3 CCC only;
Section 6.4 NCC only; and
Section 6.5 MKC only.
(95)
4.1
The LGSS Joint Committee shall be responsible for the provision of shared services under
delegated authority from the councils concerned to the Joint Committee. The nature of
services provided and the conditions, limitations and the specific reservations which apply
are set out below. Where a council has delegated authority to the LGSS Joint Committee,
those powers and duties shall be set out either generally or specifically in that councils
constitution or scheme of delegation.
4.2
Under the auspices of the Partnership and Delegation Agreements in place between the
client authorities and the Delegation and Joint Committee Agreement between
Cambridgeshire County Council, Northamptonshire County Council and Milton Keynes
Council (LGSS) and by virtue of Sections 101, 112 and 113 of the Local Government Act
1972, officers of the aforementioned authorities are authorised to undertake any and all of
the specified functions on behalf of the client authorities.
5.
Financial Limitations
The following table sets out the financial limits of powers delegated to the LGSS Joint
Committee and directors:
* Revenue Virements reserved to Chief Finance Officer at MKC, in accordance with the Financial
Scheme of Delegation
**Power to make loans reserved to Chief Finance Officer at NCC and MKC
Exceptions: decisions relating to the management of services and resources where the matter is
likely to lead to controversy or have an impact beyond that considered usual for a managerial
decision. These decisions must be referred back to the Cabinet (MKC, NCC) or the relevant Service
Committee (CCC).
(96)
6.1
Delegation to
Officer
To have overall responsibility for the provision, to None
the Councils, of the Shared Services.
Condition
In accordance with all
relevant financial,
accounting, constitutional
and legal requirements
None
None
Delegation to
Officer
Chief Executive
Condition
Delegation to
Officer
LGSS Managing
Director for all
Shared Services.
Condition
None
LGSS Managing
Director and/or
LGSS Directors.
LGSS Managing
Director and/or
LGSS Directors.
In accordance with
relevant procurement
standing orders and any
financial limits in place.
Delegation to
Officer
LGSS Managing
Director
Condition
LGSS Managing
Director
Delegation to
Officer
LGSS Director
responsible for
Finance
Specific Reservations
The Delegated functions relating to Finance do not include the following Reserved Functions:
(98)
Delegation to
Officer
LGSS Director
responsible for
Internal Audit and
Risk
LGSS Director
responsible for
Internal Audit and
Risk
Condition
In accordance with the
Audit and Accounts
Regulations 2003 or any
successor legislation.
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Specific Reservations
The Delegated Functions relating to Internal Audit and Risk Management do not include the
following Reserved Functions:
Approval of each authoritys Annual Governance Statement
Delegation to LGSS Joint Committee Insurance
Authority for management of Insurance Services.
Delegation to
Officer
LGSS Director
responsible for
Insurance
Condition
Subject to budget and in
accordance with the
relevant Council's policies
and procedures and any
relevant legislation.
Specific Reservations
The Delegated Functions relating to Insurance do not include the following Reserved Functions:
Policy and strategy decisions on Insurance and decisions which fall outside of the principles of
decision making set out in Article 12 (CCC) and Article 14 (MKC and NCC) of the relevant
authoritys constitution.
(99)
Delegation to
Officer
LGSS Director
responsible for IT
Condition
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
LGSS Director
responsible for IT
LGSS Director
responsible for IT
Specific Reservations
The Delegated Functions relating to IT do not include the following Reserved Function:
Approval of IT Strategy and Policies where these are under the remit of the Cabinet (MKC and
NCC) or Service Committee concerned (CCC).
Delegation to LGSS Joint Committee Procurement
Authority for management of procurement
services.
Delegation to
Officer
LGSS Director
responsible for
Procurement
Condition
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Specific Reservations
The Delegated Functions relating to Procurement do not include the following Reserved Function:
approval of the contract procedure rules and schemes of delegation relating to any Councils
procurement activity.
Delegation to LGSS Joint Committee
Democratic & Members Services
Authority for management of Democratic &
Members Services.
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
Condition
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
Reservation on changes to the constitution and other matters which must be approved by
Cabinet/ Council
Delegation to LGSS Joint Committee - Human
Resources, Learning and Development and
Transactional Services
Authority for management of Human Resources,
Learning and Development, HR and Finance
Transactions and Payroll
Delegation to
Officer
Condition
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Payroll and
Finance
Transactions
(100)
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
LGSS Director
responsible for
Human Resources
Specific Reservations
The Delegated Functions relating to Human Resources do not include the following Reserved
Functions:
appointment of Officers other than Relevant Employees
(101)
decision making on disciplinary, grievance, dismissal and appeals against dismissal, relating
to Officers other than Relevant Employees
decision making on disciplinary, grievance, dismissal and appeals against dismissal for the
Head of Paid Service and Chief Officers of the Councils.
6.2
Delegation to
Officer
LGSS Director
responsible for
Pensions
Condition
Delegation to
Officer
LGSS Director
responsible for
Property Services
Condition
Specific Reservations
The Delegated Functions relating to Property do not include the following Reserved Function:
approval of the Property strategies and policies.
Delegation to LGSS Joint Committee Legal
Services
Authority for management of Legal Services.
Delegation to
Officer
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Condition
Subject to budget and in
accordance with the
relevant Council's policies
and procedures.
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
(102)
6.3
Delegation to
Officer
To make applications for the grant of Letters of
LGSS Director
Administration for the use and benefit of children responsible for
in the care of CCC.
LGSS Law
To determine whether an application for
LGSS Director
planning permission is required for CCC Matters responsible for
(Minerals and Waste); and to determine whether LGSS Law
planning permission is required in respect of
development to be carried out by CCC.
6.4
Condition
Delegation to
Officer
Confirming orders if no objections are received to LGSS Director
proposals for the stopping up or diversion of
responsible for
public footpaths and bridleways to enable
LGSS Law
development to take place following the granting
of planning permission.
Affixing NCCs seal to agreements where
LGSS Director
developers or landowners propose to provide or responsible for
make contributions to the provision of education LGSS Law
or other facilities required as a result of the
proposed development.
Determining appeals by firefighters.
LGSS Director
responsible for
LGSS Law
Acting as the Appointed Person under the Local
LGSS Director
Government Pension Scheme Regulations 1997.
responsible for
LGSS Law
Discharging the Councils functions under the
LGSS Director
Data Protection Act 1998, Freedom of
responsible for
Information Act 2000 and regulations made
LGSS Law
thereunder and under the Environmental
Information Regulations 2004 and under all
associated legislation
Power to authorise the instigation of a formal
LGSS Director
complaint or similar, with regards to any
responsible for
individual or organisation to a professional body. LGSS Law
To make representations in the name of the
LGSS Director
Council in the interests of the inhabitants of
responsible for
Northamptonshire at any public inquiry held by
LGSS Law
or on behalf of any minister or public body under
any enactment.
Condition
(103)
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
(104)
LGSS Director
responsible for
LGSS Law
Delegation to
Officer
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
LGSS Director
responsible for
LGSS Law
Condition
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
(105)
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
(106)
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
LGSS Director
responsible for
Finance
(107)
6.5
Delegation to
Officer
LGSS MKC
Corporate
Resources
Director
Condition
Subject to the Councils
policies and procedures
Specific Reservations
The Delegated Functions relating to Revenues and Benefits from Milton Keynes Council do not
include the following Reserved Function:
The approval of the Council Tax base, Business rates baseline, Local Welfare Reform Policy
and Local Council Tax reduction Policy.
6.6
Each authority is responsible for assigning the roles of Monitoring Officer and Chief Financial
Officer to specific posts within their structures. These roles may be designated to LGSS officers but
this need not be the case. For this reason, the powers and duties associated with these roles have
been separated from those allocated to LGSS Officer. The posts to which these roles are
designated are set out in each authoritys articles.
Monitoring Officer - Cambridgeshire County Council
Power or Duty
To make such amendments to the CCC
Constitution and related Documents, as may
from time to time become necessary to reflect
and take account of changes in legislation,
guidance, Council Policy, decisions of the Council
and any drafting changes or improvements. This
shall not include any changes of substance.
To act as the Proper Officer for the purposes of
the Local Government Act 2000 and regulations
made there under, except where legislation or
the Scheme of Delegation names another officer.
In cases of dispute, to decide upon a Member's
"need to know".
To agree procedures for the conduct of all
appeals heard by the CCC Service Appeals SubCommittee.
To agree procedures for the conduct of CCC
Education Admission and Exclusion Appeals and
the selection and appointment of members to
CCC appeals panels.
Delegation to
Officer
Monitoring
Officer (CCC)
Condition
In consultation with
Group Leaders. Not to be
exercised if any Group
Leader objects to the
proposed change.
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Monitoring
Officer (CCC)
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Condition
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
(109)
To determine requests for CCC to act as coguarantor for leases held by voluntary
organisations and charities, in consultation with
the appropriate Committee Chairman/woman
(or in his/her absence the ViceChairman/woman).
To authorise, in consultation with the Executive
Director: Children, Families and Adults, schools
to plan for a deficit budget to finance
exceptional purchases/ projects.
To review and increase financial limits on an
annual basis, taking account of inflation, subject
to consultation with the relevant portfolio
holder.
To sign off grant claims.
Chief Finance
Officer/Section
151 Officer (CCC)
Delegation to
Officer
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Condition
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
Chief Finance
Officer/Section
151 Officer (CCC)
(110)
Condition
(112)
LGSS Democratic
Services
(excl MKC)
Procurement &
Insurance LGSS
Wide
NorCC IT Operations
Professional Finance
MKC
Democratic Services
MKC
Corporate Director of
Resources MKC & Section
151 Officer MKC
Tim Hannam
CCC IT Operations
Programme &
Project Management
(NCC)
LGSS
Transformation
Transactions (LGSS)
(incl MKC) & LGSS
Debt
Director of People,
Transformations and
Transactions
Christine Reed
Debt MK
Assets
(excl MK)
Pensions
Finance
(excl MKC)
Property
(excl MKC)
Northamptonshire IT
Operations
NHFT IT Operations
LGSS Service
Management
(incl MKC)
MKC IT Operations
Director of IT Services
Ian Farrar
These boxes show posts. All other boxes show functional responsibilities and are not necessarily positions
Head of Service
Assurance, Customers
and Strategy
Claire Townrow
Managing Director
John Kane
Information
Governance
Property &
Facilities
Management
MKC Retained
Services
Legal
Assets
ANNEX B
1.
2.
3.
4.
CURRENT
PROPOSED
The following updating changes (in bold type) to the Committees terms of reference are proposed for submission to the
Council in March.
ITEM 4(b)
(113)
(114)
5.
6.
CURRENT
PROPOSED
ITEM
4(c)
Purpose
1.1
1.2
This pay policy statement sets out Milton Keynes Councils (MKCs) policies
relating to the pay of its non-schools workforce for the financial year 2015/16,
in particular:
a)
b)
c)
ii.
Definitions: For the purpose of this pay policy the following definitions
will apply:
2.1
2.2
b)
c)
Strategic Director*, Service Directors and Assistant Directors as nonstatutory Chief Officers if they report directly or are directly accountable
to a statutory or non-statutory Chief Officer in respect of all or most of
their duties.
With the exception of the Chief Executive and the Director of Public
Health, these roles are subject to Chief Officer terms and conditions of
service and national pay bargaining.
* Core members of the Councils Corporate Leadership Team (CLT).
23 March 2016
(115)
2.3
Employees who are not a Chief Officer refers to all staff who are not
covered under the Chief Officer group above. This includes the lowest paid
employees i.e. staff on grade A. These staff are on NJC (single status) terms
and conditions of service. This group excludes staff governed by the following
national consultation groups:
3.1
3.2
3.2.1 With the exception of any groups where pay is governed by national
consultation groups or who have transferred to the Council under TUPE
legislation, pay for Chief Officers, the lowest paid employees and all other
employees who are not Chief Officers is determined by the Employers Side of
the Joint Negotiating Committee [JNC(E)]. The JNC(E) comprises councillors
from the main political parties and has the responsibility for local terms and
conditions of employment for staff within MKCs pay framework.
3.2.2 The current pay framework in respect of Chief Officers was agreed by the JNC
on 27 October 2014 and is subject to national pay bargaining.
23 March 2016
(116)
3.2.3 The current pay framework in respect of Employees who are not a Chief
Officer was implemented from 1 April 2015 and is subject to national pay
bargaining.
3.2.4 Where staff have transferred to MKCs employ with pay protected under TUPE
legislation, MKC will seek to harmonise pay, terms and conditions of service
where this is appropriate.
3.3
3.3.1 Grades are determined in line with national guidance, with the grade for each
role being determined by a process of job evaluation. This ensures that there
is a fair and consistent practice for different groups of workers with the same
employer.
3.3.2 As part of this MKC determined a local pay framework and the overall number
of grades is 19.
a)
There are four grades in the pay framework for Chief Officer roles. The
allocation of these grades is determined using the Hay Job Evaluation
Scheme:
i.
ii.
iii.
Each Chief Officer is on a spot salary within each pay band. There is no salary
progression. Pay levels are reviewed at least every 3 years to ensure they
remain at an appropriate level (the baseline year was 2014).
b)
There are 15 grades in the pay framework for employees who are not a
Chief Officer. The allocation of these grades is determined using a job
evaluation scheme: grade A being the lowest and grade O being the
highest. Employees can progress to the salary maximum of their grade
subject to key objectives being met to an acceptable level and there
being no current performance issues.
3.3.3 Pay awards are awarded for all staff in line with the outcome of national pay
bargaining for each group of staff. MKC is a Living Wage employer and as
such, will ensure that its lowest pay rate is above the Living Wage.
4
4.1
4.1.1 The salary of the Chief Executive and the salary bands for all Chief Officers
are published on the councils website alongside those of other officers
earning more than 50,000 at Pay information (Annex C).
23 March 2016
(117)
4.1.2 For Chief Officers at all levels, salary on appointment has regard to the
relative size and challenge of the role compared to other Chief Officer roles
within MKC (via the job evaluation process). Account is also taken of other
relevant available information, including the salaries of Chief Officers of other
similar sized organisations. The salary is set by the Appointment Panel for the
specific role (this panel comprises councillors from the main political parties).
4.1.3 Where salary packages are in excess of 100,000 (including any fees,
allowances, benefit in kind etc but excluding employers pension and NI
contributions) the decision in respect of salary will remain with the
Appointment Panel. All appointments, including detail of the salary package,
will be reported to full Council. Salaries currently falling within this range are
those at Chief Executive, Corporate Director and Director level.
4.2
Salaries: Employees who are not Chief Officers: Employees new to the
council (including lowest paid employees) will normally be appointed to the
first point of the salary range for their grade. Where the candidates current
employment package would make the first point of the salary range
unattractive (and this can be demonstrated by the applicant in relation to
current earnings) or where the employee already operates at a level
commensurate with a higher salary, a higher salary may be considered by the
recruiting manager. This will be within the salary range for the grade. The
candidates level of skill and experience should be consistent with that of other
employees in a similar position on the salary range.
4.3
Salaries: Lowest paid employee: Each lowest paid employee is paid within
the salary range for grade A.
4.4
Bonus: There is no provision for bonus payments for Chief Officers, or for
employees who are not Chief Officers, or for the lowest paid employees.
4.5
4.6
4.7
4.7.1 The overall remuneration, including claimed expenses and employers pension
contribution, for Chief Officer who are core members of the Corporate
Leadership Team is published in MKCs Statement of Accounts.
23 March 2016
(118)
4.9
Election fees and duties: These are paid as a separate employment to the
Councils Returning Officer.
4.10
Benefits in kind: There are no benefits in kind given by MKC. Any gift or
conflict of interest must be registered in accordance with MKCs Code of
Conduct.
Pension: All employees as a result of their employment are eligible to join the
Local Government Pension Scheme. MKCs discretions within this scheme
are set out in the Pension Discretions policy at Pay information.
4.11
Severance payments
23 March 2016
(119)
b)
Background Papers:
Pay
Policy
Benchmarking
23 March 2016
(120)
ANNEX A
PAY RATIOS:
1.
(b)
Ratio = 9.5 : 1
(b)
(c)
The above ratios will be monitored and measured against those in similar
organisations.
(121)
ANNEX B
Pay Policy Ratio Benchmark Information
(Taken from Published Pay Policies for 2015/16)
Highest
Paid
Salary
Lowest
Paid
Salary
Highest
to
Lowest
Salary
Ratio
Median
Average
Salary
Milton Keynes
Council 2015
154,000
15,207
10 : 1
Milton Keynes
Council 2016
154,000
16,191
9.5 : 1
Bedford Borough
Council
170,000
13,500
Bracknell Forest
156,600
Buckinghamshire
County Council
Average Earnings
Ratio
Mean
Median
22,792
5.7 : 1
6.75 : 1
22,937
6.34 : 1
6.71 : 1
12.6 : 1
6:1
5:1
14,758
10.6 : 1
5.9 : 1
6.7 : 1
219,000
13,855
15.8 : 1
Central
Bedfordshire
Council
186,200
13,614
13.7 : 1
Luton Borough
Council
170,000
Northampton
Borough Council
138,300
13,321
10.4 : 1
25,727
Reading
Borough Council
135,000
15,207
9:1
23,945
Swindon
161,003
13,709
11.7 : 1
22,920
Thurrock
170,000
15,149
11.2 : 1
8:1
6.8 : 1
11.5 : 1
7.3 : 1
8.1 : 1
5.1 : 1
5.4 : 1
5.6 : 1
6.1 : 1
7:1
7.23 : 1
7.85 : 1
(122)
Wards Affected:
ITEM
4(d)
Report Sponsor:
Executive Summary:
The report seeks Cabinets agreement to recommend to Council that it makes
the Great Linford Neighbourhood Plans North and South following the
referendums held on 11 February 2016. Both referendums returned a majority
Yes to the question asked whether those voting wanted Milton Keynes Council
to use the neighbourhood plan when deciding planning applications in the
neighbourhood area. Given the Yes vote, the Council are now obliged to make
both Plans.
1.
Recommendation(s)
1.1
1.2
the decision documents (at Annex A to the report) and the Great Linford
Neighbourhood Plans North and South (available using the links at the
end of this report) be published on the Councils website and in other
manners, to bring them to the attention of people who live, work or
carry out business in the neighbourhood area; and
(b)
the decision documents and details on how to view the plans be sent to
the qualifying body (Great Linford Parish Council) and any person who
asks to be notified of the decision.
1.3
2.
Issues
2.1
The Great Linford Neighbourhood Plans North and South were submitted to
the Council for examination and were both subsequently publicised for
comments from 10th August to 21st September 2015. All comments received
were then passed to the Examiner, Mr Chris Collison, who submitted his report
on each Plan in October 2015.
23 March 2016
(123)
2.2
2.3
The two referendums took place on 11th February 2016. For the Great Linford
Neighbourhood Plan North, 1475 residents voted Yes (83% of those voting)
and 276 voted No (15% of those voting), with 19 ballot papers rejected. For the
Great Linford Neighbourhood Plan South, 1469 residents voted Yes (83% of
those voting) and 281 voted No (16% of those voting), with 24 ballot papers
rejected. The turnout for both referendums was 12.4%.
2.4
2.5
As with any planning decision there is a risk of legal challenge but that risk has
and is being managed by ensuring that the regulations are followed and that
the Councils decision making process is clear and transparent.
3.
Options
3.1
3.2
There are, therefore, no other options than to make both the Great Linford
Neighbourhood Plans North and South so that they become part of the Milton
Keynes Development Plan and specifically part of the Development Plan for
Great Linford Parish.
4.
Implications
4.1
Policy
The National Planning Policy Framework sets out that Neighbourhood Plans
must be in general conformity with the strategic policies of the development
plan. Neighbourhood Plans should reflect these policies, and neighbourhoods
should plan positively to support them. Neighbourhood Plans and
Development Orders should not promote less development than is set out in
the Local Plan, or undermine its strategic policies. In Milton Keynes, the
strategic policies are set out in the adopted Milton Keynes Local Plan and
Core Strategy.
14 March 2016
(124)
4.3
Capital
Revenue
Accommodation
IT
Asset Management
4.4
Legal
Neighbourhood planning is part of the Governments initiative to empower
local communities to take forward planning proposals at a local level, as
outlined in Section 116 of the Localism Act, 2011. The Act and the subsequent
2012 Regulations confer specific functions on local planning authorities in
relation to neighbourhood planning and lays down the steps that must be
followed in relation to Neighbourhood Planning.
The Great Linford Neighbourhood Plans North and South have been
consulted on and each subjected to a referendum in accordance with the 2012
Regulations.
As with any planning decision, there is a risk of legal challenge to the plans
and/or judicial review of the Councils decision to proceed with the
referendums.
Risk has been managed by ensuring that the 2012 Regulations are followed and
that the Councils decision making process is clear and transparent. Once a
Neighbourhood Plan is made it carries real weight and the LPA is obliged to
consider proposals for development against the policies in the Plan.
14 March 2016
(125)
In accordance with Section 61E(4) of the Town and Country Planning Act, as
modified by the Localism Act 2011, the Council must, as soon as possible
after deciding to make a neighbourhood development plan;
(a)
publish on the website and in such other manner as is likely to bring the
Plan to the attention of people who live, work or carry on business in
the neighbourhood area:
(b)
4.5
(i)
(ii)
(ii)
Other Implications
The two Great Linford Neighbourhood Plans have both been tested against
and found to meet a number of basic conditions. Two of the basic conditions
are the requirements for the plans to:
(a)
(b)
The Examiners reports have confirmed that both Plans meets those Basic
Conditions and officers are satisfied that there are no conflicts with these
aspects.
The consultations on the draft plans carried out by the Parish Council and
then the publicity on the submitted plans carried out by Milton Keynes Council
have helped to raise awareness of their preparation and have allowed
community engagement and participation in the process. .
N
Equalities/Diversity
Sustainability
Human Rights
E-Government
Stakeholders
Annex A
Annex B
Background Papers:
14 March 2016
(126)
ANNEX A
MILTON KEYNES COUNCIL
GREAT LINFORD NEIGHBOURHOOD PLAN NORTH
Decision Statement
1
Summary
1.1
Background
2.1
2.2
2.3
2.4
Decision
3.1
The Council makes the Great Linford Neighbourhood Plan North part of
the Milton Keynes Council Development Plan.
The Council agrees to the decision notice and the Great Linford
Neighbourhood Plan North being published on our website and in other
manners to bring them to the attention of people who live, work or carry
out business in the neighbourhood area; and for the decision notice
and details on how to view the plan to be sent to the qualifying body
and any person who asked to be notified of the decision.
3.2
(127)
Summary
1.1
Background
2.1
2.2
2.3
2.4
Decision
3.1
The Council makes the Great Linford Neighbourhood Plan South part
of the Milton Keynes Council Development Plan.
3.2
The Council agrees to the decision notice and the Great Linford
Neighbourhood Plan South being published on our website and in other
manners to bring them to the attention of people who live, work or carry
out business in the neighbourhood area; and for the decision notice
and details on how to view the plan to be sent to the qualifying body
and any person who asked to be notified of the decision.
(128)
ITEM
4(e)[i]
Ceremonial Meeting
The Ceremonial Meeting will take place on the Wednesday 13 calendar
days after the day of local elections, or in a year when there are no
local elections on the Wednesday 13 calendar days after the first
Thursday in May at 7.30 pm.
The Meeting will:
(i)
(ii)
(iii)
(iv)
Business Meeting
The Business Meeting will take place on the Wednesday 20 calendar
days after the day of local elections, or in a year when there are no
local elections on the Wednesday 20 calendar days after the first
Thursday in May at 7.30 pm.
Note: To be amended if necessary depending on the recommendation
of the Commission.
The Meeting will:
23 March 2016
(i)
(ii)
(iii)
(iv)
(129)
(v)
(vi)
(vii)
(viii)
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
Unless otherwise determined by statute, the Mayor may vary the order of the
agenda at his/her discretion and allocate an appropriate time for the
transaction of each item.
23 March 2016
(130)
ITEM
4(e)[ii]
(131)
23 March 2016
15.6
2.
3.
(132)
23 March 2016
That duty includes the power for overview and scrutiny to recommend that the
decision be reconsidered by the person who made it, or arrange for the
powers conferred by Section 21[2][a] in respect of the decision to be
exercised by the authority (the Council).
The Council has decided to appoint the Executive Scrutiny Committee to
undertake the review of executive decisions, except those which are
recommendations to Council, and therefore it is the Executive Scrutiny
Committee that has the power to refer matters for review by the Council. The
Council has no additional powers to those of the Executive Scrutiny
Committee, it can only decide to either recommend that the decision be
reconsidered by the person who made it, or not.
The Constitution Commission has called for a protocol on matters that can be
referred by the Executive Scrutiny Committee to the Council. As it is a matter
for the discretion of the Executive Scrutiny Committee as to what should be
referred to Council any protocol; can only act as a guide as to what items
should be referred to the Council and is not enforceable.
Therefore, should the Commission wish to proceed with a protocol it is
suggested that it relates to the significance and Borough-wide nature of the
matter under review.
An indication from the Commission as to the types of decision the Executive
Scrutiny Committee should be limited to referring to Council is requested from
the Commission.
With respect to 3 above, Overview and Scrutiny Procedure Rule 16(c) refers
to any Member of the Council being able to request the call-in of a decision.
Should the Constitution Commission consider that the number of councillors
required to subscribe to a call-in should be increase it would be a matter of
amending the wording of the Procedure Rule to read:
. any .. Members of the Council ...
3.
23 March 2016
2.
(b)
Have two Annual meetings during the same week (avoiding halfterm week); or
(c)
(134)
23 March 2016
www.milton-keynes.gov.uk/scrutiny
Democratic Services
ITEM 4(f)(i)
(135)
(136)
Involving
itself
with
external
organisations
operating
in
the
Borough to ensure that the interests
of local people are enhanced by
collaborative working;
Introduction
(137)
(138)
(139)
Staffing Structures
The Committee had the opportunity to
comment on the Chief Executives review
of senior management and made a
number of suggestions as to principles
RegenerationMK
The Committee scrutinised, what was one
of the most significant decisions the
Council would be making in its recent
history, which was to put in place
arrangements for the regeneration and
investment in many of its most deprived
housing estates. The principles behind
the project were supported with a number
of risk areas being highlighted to the
Councils Cabinet.
(140)
The Committees report on its work and findings presented 20 recommendations on the budget
proposals to Cabinet on 8 February 2016.
The Committee considered how achievable the budget proposals were, the expected impact of
each proposal, whether the savings could create costs elsewhere (including outside organisations
such as the NHS) whether the risks involved in each saving were being addressed and how
closely the proposals aligned with the Administrations overall strategy (and service area strategies
where applicable).
In January the Committee considered the detailed savings proposals for 2016/17, receiving
presentations from Cabinet Members and the Councils senior budget holders to inform its
discussions, as well as taking evidence from members of the public.
The Committee was pleased to note the Cabinets very positive reception of the report, producing
a detailed response to each of the recommendations, which the Committee discussed with the
Cabinet Member for Resources and Commercialism at its December meeting.
The Committee took a strategic approach to the issues it reviewed, considering the most
significant pressures affecting each service area, both by value and also by public impact. It
became clear that the three areas where the demand pressures dwarfed all others were Childrens
Social Care, Adult Social Care and Homelessness. This concern was reflected in the Committees
report to Cabinet on 9 November 2015.
Although all councils are facing substantial funding reductions, the Committee noted that in Milton
Keynes the greatest challenges were in demand pressures on services, due to the growth of the
borough and the extra demand for key statutory services this was causing.
During October 2015 the Committee held a series of focussed meetings with Cabinet Members
and the Councils senior budget holders to review, scrutinise, and consider the financial
environment as part of the development of the draft 2016/17 budget and the Medium Term
Financial Plan.
Following on from the significant savings made in recent years, the Council needs to save a further
24.3m during 2016/17. The Committee therefore carried out two major pieces of very intensive
work, in October 2015 and January 2016, on the Councils 2016/17 budget proposals.
(141)
Young
People
Children and
Committee
Safeguarding
The Committee reviewed the work of the
Safeguarding Children Board during
2014/15 to assure itself that the Board
was adequately fulfilling its role. As a
result, a number of areas were identified
for further investigation, particularly
issues around Child Sexual Exploitation.
(142)
Annual Events
The Committee received the annual
report from the responsible Cabinet
member and a presentation from
representatives of the Youth Cabinet
which addressed its work and campaigns
The
Committee
identified
strong
leadership by the Council as a key
element
if
the
problems
being
experienced, which included resource
availability and recruitment and retention,
were to be successfully tackled.
Recommendations to Cabinet
The Committee made a number of
recommendations to the Cabinet around
the importance of providing an adequate
budget for childrens social care and as a
result of its consideration of post 16
options for continued learning it asked the
Cabinet to take measures to address the
skills shortages that were facing Milton
Keynes. The Cabinet indicated that many
of the issues highlighted by the
Committee, such as a Skills Strategy, and
Local Area Economic Assessment, were
already being progressed, but that
resources were not available to address
all of the concerns identified by the
Committee.
employees
including
non-executive
directors of certain NHS bodies to attend
before them to answer questions.
(143)
(144)
Public
Health
and
Preventative
Healthcare
The Committee also heard from the
Councils Public Health Team on its
approach to preventative healthcare in
Milton Keynes, how effective the local
prevention programmes are and how
quantifiable and measurable are the
outcomes of those programmes.
(145)
The recommendations from the CCTV Group were referred to the SaferMK Partnership to be addressed as part of its consideration of
CCTV provision. The Housing Allocations Group reported to the Cabinet in September and the reports from the remaining groups will be
considered by the Committee in March or early in the new Council year.
The Scrutiny Management Committee established a number of Task and Finish Groups during the year which addressed issues such as
housing allocations, CCTV, homelessness, GP provision, landscaping and transport innovations.
(146)
Email - scrutiny@milton-keynes.gov.uk
Democratic Services
www.milton-keynes.gov.uk/scrutiny
ITEM
4(f)[ii]
23 March 2016
(147)
Taxi Forum
The Taxi Forum was introduced as a way to interact with the drivers and operators and
was positive to begin with. The trade is invited to contribute to the agenda but it has
proved difficult to keep the meetings to the agenda items. Often the topic of conversation
will be to respond to the questions posed about investigations and/or prosecutions or
about individual drivers issues, neither of which are appropriate in this forum. We are
considering ways of maintaining the interaction and developing the positive contributions,
however, this may have to be in a different format for the future.
As I said before the Committee does not just deal with Taxis!
Village Greens
There have been a number of village green applications which have been heard by the
Committee and a robust process for dealing with such applications has been agreed.
6
103
105
106
107
75
67
68
52
7
8
15
5
11
A. N.
VG6
VG103
VG105
VG106
VG107
VG75
VG67
VG68
VG52
VG7
VG8
VG15
VG5
VG11
Date
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
Area
Stage
Bletchley
R
Moulsoe
R
N' Crawley, N of parish church
R
N' Crawley, Lodge to Crawley Grange
R
N' Crawley, land E Rookery Farm
R
Ravenstone Playing Field
R
Shenley Brook End,
R
Shenley Brook End,
R
Sherington
R
Simpson, NW of Church St Thomas
R
Simpson, W of St Thomas church
R
Stony Stratford, Horsefair Green
R
W-on-the-Green, The Green (part)
R
W-on-the-Green, The Green (part)
R
Applicant
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
unknown
area (ha)
0.14
0.06
0.1
0.1
0.41
0.21
0.51
0.11
0.13
0.03
0.15
0.22
3.3
2.67
1
2
3
4
5
6
AN
TV1
TV2
TV3
TV4
TV9
TV10
Key:
Stage: -
Date
16.10.12
29.01.13
18.03.14
27.10.14
18.11.14
27.02.15
DM
V
C
CD
I
R
RS
RF
Registered
Area
Great Holm
Fenny Stratford
Woughton Play Fields
Passmore
The Paddocks
Woughton Park
Stage
R
R
I- D
C
C
C
Applicant
Mr Ballantyne
Mr T M James
Dr A S Humphries
Mr M Blomley
Mr P T McDonald
Mr S Bennet
ha
0.13
0.02
14.59
1
8.74
1.17
Yes
No
Duly made
Validation
Committee
Committee Decision
Inquiry
Resolved
Resolved application sucessful
Resolved application Failed
The Committee has also continued to monitor the processes for determining village green
applications and keep these updated and relevant, including the process for determining
applications on Council land.
23 March 2016
(148)
Licensing Committee
Gambling Policy
The Council is responsible as the Licensing Authority under the Gambling Act 2005 to
deal with applications for betting shops; casinos; bingo halls; amusement arcades; gaming
machines; and lotteries at premises within its area.
There is a requirement for the Council to have a statement of gambling principles which
has to be reviewed every three years. The latest review was adopted by Council in
January 2016.
Casino
The Casino brings considerable amounts of income to the Council and the Committee has
considered in detail how this money is being used within the Council to achieve the
"greatest benefit".
Street Trading Policy
A lot of effort has been put into creating a new policy which will be reviewed in June
following a comprehensive consultation with stakeholders.
Sex Establishments Policy
Proposed changes to the existing policy are under consultation with the process finishing
this month before it is brought before the Committee.
Licensing Sub-Committee
The Licensing Sub-Committee has heard 8 license and street trading applications.
Finally I would like to express my personal thanks to all councillor and officer colleagues
who have supported me in my role as Chairman. There have been some extremely
difficult situations to contend with and I'm grateful for the support I have received.
My particular thanks to Councillors David Lewis and Chris Williams whose wise counsel
has been invaluable. Officer colleagues at all levels in the departments we rely on, have
come and others gone, as well as some re-organisations, but through out, the service has
been consistent and professional. My thanks to all those in the Legal Department who
have supported us and of course to Dino Imbimbo and Jane Crighton, without whom, the
Committee would fall apart!
We are all working to ensure the residents of Milton Keynes can go about they lives safely
and I urge my successors to never shy away from that aim, whatever the challenges that
might be put in their way.
23 March 2016
(149)
ITEM
4(f)[iii]
refer the matter back to the Cabinet, as the decision taker for
consideration, with reasons and recommendations;
(b)
(c)
refer its views directly to the Council for consideration and comment
back to the Cabinet.
During the year, the Committee received two call-ins; one from Councillors
Bint and Walker with reference to a decision taken for the creation of
additional car parking spaces in Central Milton Keynes, the other being a callin of the Cabinets decision to approve the Draft Strategic Development
Options Consultation Document by Councillor McLean, 14 Town and Parish
Councils and a number of groups of residents.
In both cases the Decisions were ratified by the Executive Scrutiny
Committee, although with the second item, the Draft Strategic Development
Options Consultation Document, Committee referred some points of process
back to the Cabinet as lessons learned. Further details of the call-ins are
given overleaf.
I would like to take this opportunity to thank everyone who attended or
contributed to the Executive Scrutiny process over the year. Input from
councillors, the public, officers and representatives of organisations have all
been invaluable in assisting our approach to challenging proposals and
reaching our conclusions.
Councillor Paul Alexander
Chair, Executive Scrutiny Committee
March 2016
(150)
Title of
Report
Called in
By
Cabinet
Member
Report
Sponsor
Report
Author
Outcome
Delegated Decision
of 13 October 2015
Creation of
Additional
Parking
Spaces
Peak Permit
Cllrs Bint
and Walker
Cllr Clifton
A Rose Service
Director Planning
and
Transport
S Bailey Parking
Strategy
and
Implement
ation
Manager
Ratified by
Executive
Scrutiny
Committee on
4/11/15
Cabinet 9
November 2015
Draft
Strategic
Development
Options
Consultation
Document
Councillor
McLean,
Olney &
CMK Town
Councils
and 12
Parish
Councils
and
several
groups of
residents
Cllr Legg
A Rose Service
Director Planning
and
Transport
F
Robinson
- Senior
Planning
Officer
Ratified by
Executive
Scrutiny
Committee on
2/12/15 but
actions to note
forwarded to
Cabinet
(151)
ITEM
1.
Purpose
1.1
2.
Recommendations
2.1
(b)
2.2
That the 2014 report on allowances for members of Parish and Town Councils
be noted
3.
3.1
3.2
In March 2015 the Council agreed that there should be no increase in the
overall sum of money for councillors allowances (Minute CL106 refers). The
scheme for 2015/16 was agreed and included Special Responsibility
Allowances for Overview and Scrutiny to reflect the decision of the Council on
14 January 2015 (Minute CL118 refers).
At its meeting on 13 January 2016, the Council agreed that a politically
balanced Regeneration Committee of the Council be established (Minute CL90
refers). Following consultation with the Chair of the Independent Remuneration
Panel, it is suggested that a Special Responsibility Allowance of 3,000 be
agreed.
3.3
3.4
When the Council agreed the 2015/16 scheme in March 2015, it agreed that no
indexation be applied to Councillors allowances whatsoever. On 1 October
2015, the minimum wage increased to:
23 March 2016
L:\Committee Services & Scrutiny\Committees\2015-16\COUNCIL\11.23 MARCH 2016\Scheme of Councillors' Allowances 2016-17.docx
(152)
3.87 per hour (for workers under 18 who are above compulsory school
leaving age).
The Chair of Independent Remuneration Panel has confirmed that although the
Panel did not specify that the minimum wage should rise in accordance with
national guidelines, it was the intention that this should apply. It is, therefore,
recommended that the Dependent Carers Allowance be increased in line with
the minimum wage as at 1 October 2015 and any subsequent annual increase.
3.5
4.
Implications
4.1
Policy
None
4.2
4.3
Capital
Revenue
Accommodation
IT
Asset Management
Legal
The Local Authorities (Members Allowances) (England) Regulations 2003 make
it a requirement to establish and maintain an Independent Remuneration Panel
and for the Council to adopt a Scheme of Allowances for the forthcoming year
by 1 April each year.
Under the terms of the Local Government Act 2000, the Council is required to
take account of the recommendations of an independent panel before fixing its
level of Councillors Allowances.
The 2014 Panel recommended that a panel is reconvened in three years time
unless there is a major change in the democratic process.
4.4
Other Implications
None
Equalities / Diversity
Sustainability
Human Rights
E-Government
Stakeholders
Background Papers:
23 March 2016
(153)
ANNEX A
SCHEME OF COUNCILLORS'
ALLOWANCES
2016-2017
1.
General
1.1
1.2
At the meeting of the Council on 23 March 2016 it was agreed that the
Council would adopt this Scheme after taking into account the
recommendations made by the Independent Remuneration Panel in
2014, together with the additional recommendation agreed by the Panel
in respect of the Councils new scrutiny structure to be implemented in
May 2015.
1.3
2.
Basic Allowance
2.1
2.2
2.3
(154)
10/03/2016
3.
3.1
3.2
30,000
620
620
Member
Cabinet Member*1
Chair of Scrutiny Management Committee
Chair of Scrutiny Committee*2
Chairs of Task and Finish Groups (pro rata
depending on the length of time the Group is in place)
11,000
7,500
4,500
4,500
8,000
8,000
5,500
3,000
3,000
*1
*2
3.3
3.4
(155)
10/03/2016
3.5
3.6
3.7
(156)
10/03/2016
5.2
5.3
In the event of a Mayor or Deputy Mayor ceasing to hold office before the term
5.4
of office is completed, payment of the Allowance ceases, and a
calculation based on the number of days in the Council year concerned
will be made to determine the entitlement. If necessary, an adjustment
for under or overpayment may have to be made to ensure that the
correct final payment is made, and the Council reserves the right to
recover any overpayments of the Civic Allowance.
6. Child Care and Dependent Carers' Allowance
6.1 All councillors and co-opted members of Council committees can claim,
on production of appropriate receipts, the Child Care and Dependent
Carers' Allowance at the following rates:
Child care:
The Living Wage of 7.20 per hour applies for those aged 25 or over.
That the current minimum wage rate apply dependent on the age of the
carer, which as 1 October 2015 were:
6.70 per hour (21 years and over)
5.30 per hour (18 20 year olds)
3.87 per hour (for workers under 18 who are above compulsory
school leaving age)
Other Dependants:
10 per hour, or the applicable rate for the hourly cost of Milton Keynes
Council Home Help carer, whichever is the least.
This is paid for up to a maximum of 5 hours in any 24 hour period and
covers care provided for a councillor's/co-opted member's dependent(s)
whilst the councillor/co-opted member is carrying out any 'Approved
Duties' specified in the Appendix.
This includes travel time associated with the Approved Duties.
6.2 Full details of the Dependent Carers' Allowance Scheme are listed in the
Appendix of this Scheme
(157)
10/03/2016
8.
Claimable Allowances
8.1 There is a 3 month time limit for submitting claims for the claimable
allowances above i.e. Child Care and Dependent Carers' Allowance and
Travel and Subsistence Allowances. Any claims made outside of this
time limit will only be paid in exceptional circumstances with the approval
of the Service Director, (Legal and Democratic Services) and the
Assistant Director, (Audit & Risk Management).
9.
9.1
10.
10.1
11.
11.1
Pensions
Councillors are no longer eligible to join the Local Government Pension
Scheme.
Dual Authority Roles
Councillors cannot receive an allowance from more than one authority
(e.g. Fire Authority) for the same duties.
Forgoing Allowances
A councillor may forgo all or part of any allowances to which he or she
is entitled, provided he or she has given notice in writing to the Service
Director (Legal and Democratic Services).
12.2
(158)
10/03/2016
13.
13.1
Approved Duties
The list of "Approved Duties" under the regulations for which the
Travel and Subsistence Allowance is payable is as follows:
a meeting of the Council;
a meeting of the Cabinet;
a meeting of a committee of the Cabinet;
a meeting of a committee or sub-committee of a committee of
the Council;
a meeting of some other body to which the Council makes
appointments or nominations (i.e. Outside Bodies);
a meeting of a committee or sub-committee of a body to
which the Council makes appointments or nominations;
a meeting of a local authority association of which the Council
is a member (e.g. Local Government Association);
a meeting in the Councillors Ward called by a Council Officer
or Parish Council;
duties undertaken on behalf of the Council in connection with
the discharge of any function of the Council conferred by or
under any enactment and empowering or requiring the
authority to inspect or authorise the inspection of premises;
duties undertaken on behalf of the Council in pursuance of
any Procedure Rule requiring a councillor or councillors to be
present while tender documents are opened;
duties undertaken on behalf of the Council in connection with
arrangements made by the Council for the attendance of
pupils at a school approved for the purposes of Section 342 of
the Education Act 1996;
a meeting which has been:
both authorised by the Council, a committee, or a subcommittee of the Council and one or more other
authorities, or a sub-committee of a joint committee, and
(159)
10/03/2016
Indexing
Duration
(160)
10/03/2016
APPENDIX
Dependant Carer Allowance Scheme
1.
The Scheme is open to all elected councillors of Milton Keynes Council and
co-opted members of Council committees.
2.
3.
The rate payable is the current hourly rate for the National Minimum Wage,
up to a maximum of 5 hours in any 24 hour period.
4.
5.
Carers must be over the age of 16 and not be a member of the claimants
own household.
6.
7.
Claims should be made on the Councillor ' Business Expense claim forms,
supported by valid receipts. Co-opted members of committees should
submit their receipts with a covering letter to the Councillor and Electoral
Services Officer, Milton Keynes Council, Civic Offices, 1 Saxon Gate East,
Milton Keynes, MK9 3EJ.
8.
Receipts should contain the date the care was provided, length of time the
care was provided, the approved duty covered, the cost per hour and
should be countersigned by both the carer and claimant. Claimants may
wish to use the attached sample receipt as a standard format.
9.
(161)
10/03/2016
the attendance at a meeting of the authority or of any committee or subcommittee of the authority, or of any other body to which the authority makes
appointments or nominations, or of any committee or sub-committee of such
a body;
(b)
(ii)
(c)
(d)
(e)
the performance of any duty in pursuance of any standing order made under
section 135 of the Local Government Act 1972 requiring a councillor or
councillors to be present while tender documents are opened;
(f)
the performance of any duty in connection with the discharge of any function
of the authority conferred by or under any enactment and empowering or
requiring the authority to inspect or authorise the inspection of premises;
(g)
(h)
the carrying out of any other duty approved by the authority, or any duty of a
class so approved, for the purpose of, or in connection with, the discharge of
the functions of the authority or any of its committees or sub-committees.
(162)
10/03/2016
Signature of Carer
Name of Claimant
Signature of Claimant
10
(163)
10/03/2016
ANNEX B
REPORT OF THE PARISH REMUNERATION PANEL
ALLOWANCES FOR MEMBERS OF PARISH AND TOWN COUNCILS
(164)
8. There is no national database for allowances payable in Parish and Town Councils. But from the
Chair's experience many of the Parish and Town Councils do not pay either the Parish Basic
Allowance to all Members or a differentiated Chair's Parish Basic Allowance (which is separate
from and additional to the Chair's Civic Allowance that may be payable). This is reflected in the
returns to this Panel only five out of the 16 respondents pay a PBA and Chair's PBA and they
are generally the larger Parish/Town Councils as indicated by the number of employees. The sums
payable range from 182 to 709.
9. In the last review undertaken in 2010 it was noted that a few of the larger Parish and Town
Councils within Milton Keynes area do not pay the PBA or Chair's PBA, and that some Parish and
Town Councils may only pay the Chair's PBA (generally the smaller ones). On the returns received
for this review they range from 364 to 1,416.
10. The Panel noted that all Parish and Town Councils in Milton Keynes had been asked whether
they wished to refer any matters to this (2014) Parish Independent Remuneration Panel. The only
request that came for consideration of change was from Stony Stratford Town Council (Appendix 2)
suggesting that the factors used in the current scheme are outdated and recommending that
alternative methods to differentiate size in an allowances matrix should be introduced. Walton
Community Council raised the issue of allowances for co-opted members which we address later in
our report.
11. The Panel noted that the previous review (2010) made the following recommendations
regarding the payment of a Parish Basic Allowance. The Panel sets out its recommendations for
2014 as follows:
2006
2010
2014 (recommended)
Town and parish councils achieving quality status with budgets of 50,000 and above:
Chairs
1,300
1,484.47
1,500
Member
650
742.23
750
Town and parish councils achieving quality status with budgets of less than 50,000:
Chairs
650
742.23
750
Member
325
371.11
375
Other town and parish councils with budgets of 50,000 and above:
Chairs
650
742.23
750
Member
325
371.11
375
Other town and parish councils with budgets of less than 50,000:
No allowances are recommended
12. The Panel noted that a number of Parish and Town Councils who pay a PBA and Chair's PBA
may not meet the criteria set out by previous Panels namely not meeting quality status and/or
precept level. We also took note of the views of Stony Stratford Town Council that 'these factors
are now outdated and especially that the quality Council system is currently the subject of a major
review and that is unlikely that it will be relaunched until mid - 2014 at the earliest'.
13. The Panel did not have the information available at this time to recommend a significant
change to the existing scheme but recognised the future need to develop a new approach that will
continue to provide a realistic but prudent allowances framework that enables Towns and Parishes
to function dynamically as they take on more responsibilities and opportunities.
2
(165)
RECOMMENDATIONS
14. The Panel recommends that the 2010 framework is still broadly appropriate and that the
recommended allowances shown in Paragraph 11 be implemented from 1st April 2014 and
remain unchanged for the next three years (i.e. no indexing).
The Civic Allowance
15. The Panel notes that this recommendation does not affect the right of a Chairs or Vice Chairs of
a Parish or Town Council to receive a Civic Allowance under section 15(4) 0f the Local Government
Act 1972 which the Council think is reasonable for the purposes of meeting the expenses of those
offices.
Travel and Subsistence Allowances
16. The 2003 Regulations and subsequent amendments permit Parish and Town Councils to pay
travel and subsistence allowances for approved duties only to both elected and co-opted
Members. The Panel feels that travel and subsistence allowances should be payable for the
attendance at approved duties out with (or outside) the boundary of the parish/town council
only. Nevertheless the Panel recognises that most councils do not have such a scheme because
costs are so minimal. However, there are occasions when undertaking approved duties outside the
council's area may result in significant travel and subsistence costs, which should be reimbursable
for Members.
Mileage Rates Payable outside respective Council area only
17. The relevant rates should be those applicable to Members and Co-optees of Milton Keynes
Council, which in turn are based upon the rates applicable for Officers of Milton Keynes Council.
18. Panel further recommends that further mileage rates (not covered by the National Joint
Council approved rates) are included in travel allowances schemes for Parish and Town Councils
to ensure completeness of the travel allowance scheme are included. These should be based on
HMRC rates, which are currently:
Bicycle allowance:
20p per mile
Motor cycle allowance:
24p per mile
Passenger supplement:
5p per mile
Where public transport is used, then it is recommended that the same terms and conditions that
are applicable to the Members of Milton Keynes Council are applicable to Parish and Town
Councillors in the area. The guiding principle should be that value for money should be maximised
in the use of public transport.
Subsistence Allowances Payable outside respective Council area only
19. The relevant subsistence rates should be those applicable to Members and Co-optees of
Milton Keynes Council, which are based on those paid to officers of the Council. The Panel
confirms that subsistence allowances should only be payable when a Parish or Town Councillor
undertakes an approved duty outside their respective council area.
(166)
20. The Panel further confirms good practice and recommends that subsistence allowances be
reimbursed only on the production of receipts for expenditure incurred up to the maximums
permitted.
Approved Duties
21. For clarity the Panel has set out below the statutory definition of approved duties for which
members of Parish and Town Councils may claim travel and subsistence allowances for undertaking
approved duties out with their Parish/Town Council area:
Travel and subsistence allowances may be payable only in respect of the following duties
undertaken outside a Members' Parish/Town Council area:
A meeting of the authority
A meeting of a committee or sub-committee of the authority
A meeting of some other body to which the authority makes appointments or
nominations
Duties undertaken on behalf of the authority in pursuance of any standing order
requiring a member or members to be present while tender documents are opened
A meeting of a local authority association of which the authority is a member
Duties undertaken on behalf of the authority in connection with the discharge of any
function of the authority conferred by or under any enactment and empowering or
requiring the authority to inspect or authorise the inspection of premises
Any other duty approved by the authority in connection with discharging the duties of
the authority or its committees or sub-committees
Indexation
22. The Panel feels that the same indices that are applicable for the same allowances payable to
Members of Milton Keynes Council remain the most suitable for Members Allowances that may
be payable in Parish and Town Councils.
23. The Panel recommends that the following indices are included in the scheme for the next
four years:
The Parish Basic Allowance and Chairs Parish Basic Allowance: indexed to the annual
salary percentage increase, as agreed each April by National Joint Councils for Local
Government Staff.
Travel and subsistence allowances: indexed to same rates and conditions applicable to
Milton Keynes Council Officers, and where applicable, HMRC rates.
ISSUES ARISING
Payment of allowances to co-opted members
24. Walton Community Council (WCC) raised the issue of allowances for co-opted members. 'WCC
are of the opinion that co-opted councillors do as much work and are as much a part of the team
as the elected members and payment of an allowance is in recognition of the level and scope of
the work they do and that it would be prejudicial to co-opted members to exclude them from
being able to draw an allowance.'
4
(167)
25. The Panel points out that by virtue of regulation 25(10) of the Local Authorities (Members'
Allowances) (England) Regulations 2003, as amended by regulation 4 of the Local Authorities
(Members' Allowances) (England) (Amendment) regulations 2004, the Parish Basic Allowance may
be paid only to elected members of parish or town councils. Full members of Parish and Town
Councils (i.e. councillors) who have been co-opted or appointed (by virtue of Section 76 Local
Government and Public Involvement in Health Act 2007) on to council in lieu of candidates
coming forth at election time are not entitled to the Parish Basic Allowance. They are however
entitled to claim travel and subsistence allowances where appropriate.
WITHDRAWAL OF ALLOWANCES
26. The Panel notes that the 2003 Regulations permit the withdrawal of allowances from a
Councillor when the Councillor is suspended from Council. This provision can only be implemented
if it is included in the allowances schemes. The Panel recommends that Parish and Town Councils
make provision in their schemes for the withdrawal of allowances from any member who is
suspended or partially suspended from their duties in the same terms as those in the Borough
Council's Scheme.
PUBLICITY
27. The Panel wishes to draw the attention of Parish and Town Councils that the Local
Authorities (Members' Allowances) (England) regulations 2003 set out clear requirements for
giving publicity to allowances and the reports of parish remuneration panels.
(168)
ITEM
Contact Officer:
1.
Purpose
1.1
To agree the fees for acting as Returning Officer for Borough and Parish
Elections and Neighbourhood Plan Referendums for 2016/17.
2.
Recommendations
2.1
That the Buckinghamshire scheme for Election fees be adopted for 2016/17.
3.
3.1
The Chief Executive is the officer appointed by the Council to be the Returning
Officer for district and parish elections (Minute CL14 - 11 June 2014 refers).
3.2
Section 35(4) of the Representation of the People Act 1983 requires the
Council to pay all expenditure properly incurred by a Returning Officer in
relation to holding an election to be met.
3.3
It has been the practice for the Council to adopt a schedule of fees and
disbursements agreed with the district councils in Buckinghamshire.
3.4
4.
Implications
4.1
Policy
None.
4.2
Resources
The budget for Returning Officer Fees and Disbursements for 2016/17 is set
at 19,6443.
4.3
Legal
Section 35(1) of the Representative of the Peoples Act 1983 provides that in
England every .. district council shall appoint an officer of the Council to be
the Returning Officer for the elections of councillors of the district, and an
officer of the Council to be the Returning Officer for elections of Councillors of
parishes within the district.
4.4
Other Implications
None.
Background Papers:
23 March 2016
(169)
ANNEX
Milton Keynes Council (part of the Buckinghamshire County Group)
ELECTION OF COUNTY, DISTRICT/WARD AND PARISH COUNCILLORS
(Changes to last year are highlighted in blue)
Scale of expenditure fixed under Section 36(4) and (5) of the Representation of the People Act 1983
Effective from 1 April 2016
PART 1
Returning Officers Fees
The fees to be paid to the Returning Officer for conducting an election; giving the prescribed notices; preparing,
supplying and distributing nomination papers and forms of consent; preparing for signature, verifying and
adjudicating upon nomination papers; appointing deputy returning officers, including the deputy returning officers
fee; issuing poll cards; issuing and receiving postal ballot papers; arranging for and conducting the poll; counting the
votes; declaring the result and making a return of the same; generally performing all the duties which a returning
officer is required to perform and for covering all disbursements and expenses other than those for which provision
is make in Part 2, but excluding both the employees and employers share of superannuation and national
insurance contributions where payable, shall be as follows:-
In a contested election
(a)
121.00
ii
10.00
iii
36.00
ii
For every 500 electors (or part thereof) in each parish or parish ward
60.50
(b)
i.e. 50% of
figure for each
district ward
5.00
ii
For every 500 electors (or part thereof) in each designated area
60.50
(b)
2
(a)
(b)
5.00
36.00
36.00
(170)
PART 2
Disbursements (fixed or actual and necessary)
Disbursements to be allowed in relation to the holding of an election, but excluding both the employees and
employers share of national insurance contributions where payable, shall be as follows:Gross p
General
Actual and necessary cost
10
11
12
13
14
(a)
(b)
15
For one additional poll clerk at a polling station to which are assigned more
than 900 electors, to include all expenses other than travelling expenses:
Between the hours of 7.00am and 10.00pm For a single poll
For a combined poll
EVENING POLL CLERK
Between the hours of 5.00pm and 10.00pm
For a single poll
For a combined poll
Training for Polling station staff (including mileage expenses)
Regulated fee
Based on 15
hours poll
200.00
240.00
28.00
120.00
144.00
120.00
144.00
50.00
60.00
30.00
(171)
Postal Ballot
For the employment of assistants in connection with the issue and receipt of
postal ballot papers
For each county, district, parish or parish ward election:
For each 100 postal voters (or part thereof)
79.00
For any additional expenses related to staff or equipment arising from the
implementation of the Electoral Administration Act 2006
The Count
For the employment of assistants in connection with the counting of the votes
Single Election
For each 1,000 electors (or part thereof)
79.00
16.00
Combined Election
For each 1,000 electors (or part thereof)
131.00
26.00
3
(a)
Contested
For every 1000 electors (or part thereof)
(b)
Uncontested
For each county division, district ward, parish or parish ward
79.00
For each polling station visiting officer, to include all expenses other than
travelling expenses. Includes collection of postal ballot papers delivered to the
polling station. Amount paid is at local discretion.
For the travelling expenses of the returning officer, deputy returning officer(s) and
staff, in making arrangements for the poll or in connection with the conduct of the
election and the expenses of presiding officers/ poll clerks including conveying
ballot boxes to and from the polling station and places designated for the
counting of votes.
35.00
200.00
(maximum)
45p per mile
(172)
Date
Councillor
29/07/2015 Alexander, Paul
Ward
NP South
Party
Liberal Democrat
NP South
Liberal Democrat
NP South
Liberal Democrat
ITEM
Details ofPagnell
Scheme
Amount
Newport
Soap Box
Derby - Financial assistance
for admin costs of NP Soapbox
200
TCV Green Gym Reinstatement of railway
signage on refurbished Great
Linford Station on Railway
Walk.
240
Ousedale School - Contribution
to arts and craft project
100
Liberal Democrat
NP South
Liberal Democrat
Liberal Democrat
Liberal Democrat
Tattenhoe
Tattenhoe
Bletchley East
Conservative
Conservative
Labour and Co-operative
Bletchley East
Labour
Bletchley East
Central Milton Keynes
Labour
Labour
Broughton
Conservative
Broughton
Conservative
Broughton
Conservative
Broughton
Conservative
Broughton
Conservative
Campell Park
Liberal Democrat
Campbell Park
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Conservative
(173)
100
100
100
160
650
350
250
500
250
200
250
250
350
75
75
250
500
260
250
190
100
100
100
500
Conservative
Conservative
Stony Stratford
Conservative
Stony Stratford
Conservative
Stony Stratford
Conservative
Monkston
Conservative
Stantonbury
Labour
Liberal Democrat
Liberal Democrat
Bletchley Park
Conservative
Labour
Labour
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Broughton
Liberal Democrat
Conservative
Loughton
NP South
Conservative
Liberal Democrat
NP South
Liberal Democrat
NP South
Liberal Democrat
250
250
210
380
400
1000
1000
350
650
300
1000
1000
150
150
150
50
150
150
200
359.65
1000
NP South
Liberal Democrat
NP South
Liberal Democrat
Liberal Democrat
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
(174)
200
100
240
100
100
160
100
250
200
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Bradwell
Liberal Democrat
Monkston
Liberal Democrat
Monkston
Liberal Democrat
Monkston
Liberal Democrat
Conservative
Conservative
Conservative
Bletchley West
Conservative
Bletchley West
Conservative
Bletchley West
Conservative
Olney
Conservative
Olney
Conservative
Stony Stratford
Labour
Stony Stratford
Labour
Stony Stratford
Labour
Stony Stratford
Stony Stratford
Labour
Labour
Bletchley Park
Labour
Bletchley Park
Labour
Bletchley Park
Labour
Conservative
200
200
30
120
480
300
220
350
250
400
81.25
565
350
250
250
250
250
200
800
295
250
100
355
1000
(175)
500
250
250
500
250
250
250
200
Conservative
Conservative
Danesborough
Conservative
Conservative
Danesborough
Conservative
Danesborough
Conservative
Conservative
Olney
Conservative
Olney
Conservative
Olney
Conservative
Bletchley East
Labour
Bradwell
Labour
Bradwell
Labour
Bradwell
Labour
Bletchley West
Labour
Conservative
Conservative
Wolverton
NP South
Labour
Liberal Democrat
Liberal Democrat
Liberal Democrat
Liberal Democrat
Campbell Park
Conservative
Campbell Park
Conservative
150
200
190.37
100
200
350
350
300
350
1000
125
500
295
1000
250
250
1000
(176)
240
100
160
500
500
500
Bletchley Park
Labour
Bletchley Park
Olney
Labour
Conservative
Olney
Conservative
23/02/2016 McPake
Monkston
Liberal Democrat
Monkston
Liberal Democrat
Wolverton
Labour
Wolverton
Labour
Wolverton
Labour
Wolverton
Labour
Wolverton
Labour
Tattenhoe
Conservative
Tattenhoe
Conservative
Tattenhoe
Conservative
Broughton
Conservative
Broughton
Conservative
Labour
Labour
Labour
Labour
Labour
Labour
Tattenhoe
Conservative
Stantonbury
Conservative
Labour
Labour
Labour
Labour
Bletchley East
Labour
Bletchley East
Labour
Bletchley East
Labour
500
499.32
450
550
766.04
233.96
300
700
500
250
250
300
400
300
250
750
400
600
250
400
150
200
250
250
1000
1000
(177)
400
200
200
200
200
400
150
Bletchley East
Stantonbury
Labour
250
1000
Labour
Liberal Democrat
Liberal Democrat
Liberal Democrat
Labour
Labour
Labour
Labour
300
200
500
500
500
150
850
53155.59
(178)