Council
Please Contact: Emma Denny
Please email: emma.denny@north-norfolk.gov.uk
Please Direct Dial on: 01263 516010
16 June 2015
A meeting of the North Norfolk District Council will be held in the Council Chamber at the
Council Offices, Holt Road, Cromer on Wednesday 24 June 2015 at 6.00 p.m.
Sheila Oxtoby
Chief Executive
To: All Members of the Council
Members of the Management Team, appropriate Officers, Press and Public.
If you have any special requirements in order
to attend this meeting, please let us know in advance
If you would like any document in large print, audio, Braille, alternative format or in a
different language please contact us
Chief Executive: Sheila Oxtoby
Corporate Directors: Nick Baker and Steve Blatch
Tel 01263 513811 Fax 01263 515042 Minicom 01263 516005
Email districtcouncil@north-norfolk.gov.uk Web site northnorfolk.org
AGENDA
1.
PRAYER
Led by Bob McKay, Senior Pastor, Fakenham Baptist Church
2.
PRESENTATION ON THE ROLE OF THE CHAIRMAN
To receive a presentation by the Monitoring Officer on the role of the Chairman
3.
CHAIRMAN’S COMMUNICATIONS
To receive the Chairman’s communications, if any.
4.
TO RECEIVE DECLARATIONS OF INTERESTS FROM MEMBERS
Members are asked at this stage to declare any interests that they may have in any
of the following items on the agenda. The Code of Conduct for Members requires
that declarations include the nature of the interest and whether it is a disclosable
pecuniary interest.
5.
APOLOGIES FOR ABSENCE
To receive apologies for absence, if any.
6.
MINUTES
(attached – page 1)
(Minutes Appendix A – p.9)
To confirm the minutes of the meeting of the Council held on 20 May 2015.
7.
ITEMS OF URGENT BUSINESS
To determine any other items of business which the Chairman decides should be
considered as a matter of urgency pursuant to Section 100B (4)(b) of the Local
Government Act 1972.
8.
PUBLIC QUESTIONS
To consider any questions received from members of the public.
9.
APPOINTMENTS
To consider any appointments
10.
RECOMMENDATIONS FROM CABINET 8 JUNE 2015
a) AGENDA ITEM 9: 2014/15 OUTTURN REPORT
(Cabinet Agenda – 08 June 2015 Page 6)
(Appendix A – p. 22) (Appendix B – p.23) (Appendix C – p.44) (Appendix D – p.46)
(Appendix E – p.54) (Appendix F –p.59)
To approve the following:
a) The provisional outturn position for the general fund revenue account for 2014/15;
b) The transfers to and from reserves as detailed within the report (and appendix C)
along with the corresponding updates to the 2015/16 budget;
c) Transfer the surplus of £431,525 to the restructuring/Invest to save reserve;
d) The financing of the 2014/15 capital programme as detailed within the report and
at Appendix D;
e) The balance on the general reserve of £2,289,024 at 31 March 2015 and forecast
balance of £2,082,065 at 31 March 2016;
f) The updated capital programme for 2015/16 to 2016/17 and the associated
financing of the schemes as outlined within the report and detailed at Appendix E.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 17
JUNE 2015
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 17 June 2015 and the Chairman will provide an oral update at the Council
meeting.
b) AGENDA ITEM 10: DEBT RECOVERY 2014-2015
(Cabinet Agenda – 08 June 2015 Page 63)
(Appendix A –p.70) (Appendix B – p.80)
To approve the annual report giving details of the Council’s write-offs in accordance
with the Council’s Debt Write-Off Policy and performance in relation to revenues
collection.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 17
JUNE 2015
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 17 June 2015 and the Chairman will provide an oral update at the Council
meeting.
c)
AGENDA ITEM 13: TREASURY MANAGEMENT ANNUAL REPORT 2014/15
(Cabinet Agenda – 08 June 2015 Page 83)
To approve the Treasury Management Annual Report and Prudential Indicators for
2014/15.
RECOMMENDATIONS FROM THE OVERVIEW & SCRUTINY COMMITTEE 17
JUNE 2015
The Overview and Scrutiny Committee will consider the recommendations at their
meeting on 17 June 2015 and the Chairman will provide an oral update at the Council
meeting.
11.
RECOMMENDATIONS FROM THE OVERVIEW AND SCRUTINY COMMITTEE 17
JUNE 2015
To consider any further recommendations from the Overview and Scrutiny
Committee meeting of 17 June 2015.
(Please note this meeting was held after the Council agenda was published and a
hard copy of any recommendations will be provided prior to the meeting)
12.
REVISED PAY POLICY STATEMENT 2015/16 AND CHANGES TO MANDATORY
STANDING ORDERS
(page 12)
(Pay Policy Statement – p. 16)
Summary:
a) Pay policy statement: Section 38 of the Localism Act
2011 (“the Act”) requires the Council to produce an annual
pay policy statement (“the statement”) for the start of each
financial year. Full Council approved the current Pay Policy
Statement on 25 February 2015. That statement needs to be
amended as the Joint Negotiating Committee agreed a pay
increase for Chief Executives on 25 March 2015. The
attached statement is drawn up in compliance with the Act to
cover the period 2015/16. It is a legal requirement that Full
Council formally signs off this statement and the
responsibility cannot be devolved to any other person or
committee.
b) Changes to mandatory Standing Orders: Recent
amendments to the Local Authorities (Standing Orders)
(England) Regulations 2001 require local authorities to make
some changes to their standing orders relating to the
dismissal of certain Chief Officers. This report and Appendix
G outline the required change.
Conclusions:
a) The attached amended statement sets out remuneration
arrangements for officers and incorporates the national pay
increases agreed during 2014/15 for staff.
b) Appendix G sets out the proposed changes to Council’s
Standing Orders.
Recommendations: a) To adopt the amended Pay Policy Statement and to
publish the statement for 2015/16 on the Council’s
website.
b) To instruct the Monitoring Officer to make the
changes to the Council’s Standing Orders to comply
with the change in the law.
Cabinet member(s):
Ward member(s)
Contact Officer
telephone and
e-mail:
13.
Cllr T FitzPatrick
All
Julie Cooke,
01263 516040
julie.cooke@north-norfolk.gov.uk
TO RECEIVE THE APPROVED MINUTES OF THE UNDERMENTIONED
COMMITTEES
Members are requested to note that the minutes of the undermentioned committees
have been approved. Copies of all the minutes are available on the Council’s website
or from Democratic Services.
a) Cabinet – 20 April 2015
b) Development Committee – 23 April 2015
c) Standards Committee – 10 March 2015
14.
REPORTS, UPDATES AND BRIEFINGS FROM THE CABINET OR MEMBERS OF
THE CABINET
To receive reports from the Cabinet or Members of the Cabinet.
15.
QUESTIONS RECEIVED FROM MEMBERS
Councillor Eric Seward has submitted the following question:
‘Given the important role that the Bittern Line has to play in the economic and social
life of North Norfolk what plans do the Council have to monitor and provide input to
the arrangements for the new operating franchise for the line commencing in October
2016?’
16.
OPPOSITION BUSINESS
To receive any opposition business.
17.
NOTICE(S) OF MOTION
None received
18.
EXCLUSION OF PRESS AND PUBLIC
To pass the following resolution – if necessary:
“That under Section 100A(4) of the Local Government Act 1972 the press and public
be excluded from the meeting for the following item(s) of business on the grounds
that they involve the likely disclosure of exempt information as defined in
paragraph(s) _ of Part 1 of Schedule 12A (as amended) to the Act.”
19.
PRIVATE BUSINESS
Circulation:
All Members of the Council.
Members of the Management Team and other appropriate Officers.
Press and Public
COUNCIL
Minutes of a meeting of North Norfolk District Council held on 20 May 2015 at the Council
Offices, Holt Road, Cromer at 6.00 pm.
Members Present:
Officers in
Attendance:
Mr P W High
Mr B Jarvis
Mr M Knowles
Mr J Lee
Mr N Lloyd
Mrs A Moore
Mr P W Moore
Mr W J Northam
Mrs J Oliver
Miss B Palmer
Mr N Pearce
Mrs G Perry-Warnes
Mrs M Prior
Mr J Rest
Mr R Reynolds
Mr P Rice
Mr E Seward
Mr S Shaw
Mr R Shepherd
Mr B Smith
Mr D Smith
Mr N Smith
Mr R Stevens
Mrs L Walker
Mr S Ward
Mr A Wells
Mr G Williams
Mr A Yiasimi
Mr D Young
The Chief Executive, The Corporate Directors, the Monitoring Officer, the
Head of Finance, the Communications Editor and the Democratic Services
Team Leader
A member of the press was in attendance
Press:
1.
Mrs S Arnold
Mrs S Butikofer
Mrs A ClaussenReynolds
Mr N Coppack
Mrs H Cox
Mrs J English
Mrs A M Fitch-Tillett
Mr V FitzPatrick
Mr T FitzPatrick
Ms V R Gay
Mrs A Green
Mrs P Grove-Jones
Mr S Hester
PRAYERS
The Chairman invited Reverend Dr Peter Herbert, Curate of Cromer Parish Church with St
Martin’s to lead prayers.
2.
OUTGOING CHAIRMAN’S COMMUNICATIONS
The Chairman welcomed new and returning Members. He said that he had received letters of
thanks from the Benjamin Foundation, the British Legion and the Round Table following the
recent donations of £1000 to each charity. He then went onto inform members that he had
recently attended the Royal Garden Party at Buckingham Palace and it had been one of the
highlights of his year as Chairman. He said that he had been very proud to have served as
Chairman and he had received many invitations to interesting events. It had been a real
honour to have been a member of the Council and he said that new Members should not
underestimate the privilege of the role. He said that North Norfolk was a great council and
although it wasn’t the biggest it was very special.
The Chairman then went onto thank the Head of Economic Development and Communities for
all his support in making the vision of the Big Society Fund a reality. He also thanked the Head
of Legal Services for her hard work in making Eastlaw a huge success and the Democratic
Services Team Leader for all her support. He said that he had enjoyed working with the
Corporate Directors and that the Chief Executive was outstanding and had been very
supportive. He thanked the Corporate PA Team Leader for all her hard work and support in his
role as Chairman.
1
Finally, the Chairman thanked the Vice-Chairman, Mrs A Claussen-Reynolds for helping him
with his civic duties over the past year and her husband Mr R Reynolds for being so
understanding. He concluded by thanking his wife and son for their support.
3.
ELECTION OF CHAIRMAN
It was proposed by Mr T FitzPatrick, seconded by Mrs A Fitch-Tillett that Mrs A ClaussenReynolds be elected Chairman. There being no other nominations, it was unanimously
RESOLVED that
Mrs A Claussen-Reynolds be elected Chairman of the Council for the ensuing year.
Mr T Ivory then vacated the Chair in favour of Mrs Claussen-Reynolds.
4.
INCOMING CHAIRMAN’S COMMUNICATIONS
The incoming Chairman thanked members for her nomination and said that it was a great
honour to be chosen to represent NNDC as Chairman. She thanked Mr Ivory for the
dedication that he had given to the role last year and his wit, humour, professionalism and
style – which made him a difficult Chairman to follow.
The Chairman then gave special thanks to those members that had retired as councillors or
not been re-elected. She welcomed all new Members to the Council and said that they might
find some of the work as a councillor frustrating at times but that it was also very interesting
and rewarding. She then congratulated all the returning members on their re-election.
The Chairman said that during her year in office she would like to involve the military services
in recognition of the centenary of WW1 and 70 years since the end of WW2. The district had
special connections with the military, especially in the west of the region where there was
continual military movement and flying activities. The Council would be unveiling a special
poppy memorial on Monday 22nd June and the Chairman urged as many members as possible
to attend this event. She then thanked Democratic Services on the induction programme and
again encouraged as many members as possible to partake in the programme.
The Chairman concluded by saying that she would give considerable thought to her
nominated charities for her year in office and would announce her decision in due course.
5.
APPOINTMENT OF VICE-CHAIRMAN
It was proposed by Mr T FitzPatrick and seconded by Mrs S Arnold that Mr J Lee be appointed
Vice Chairman of the Council. There being no other nominations, it was
RESOLVED that
Mr J Lee be appointed Vice-Chairman of the Council for the ensuing year.
Mr Lee thanked Members for their support and said that he was looking forward to the role.
6.
DECLARATIONS OF INTEREST
None
2
7.
APOLOGIES FOR ABSENCE
Apologies for absence were received from Mr N Dixon, Mr B Hannah, Mrs B McGoun, Mr R
Price, Mr J Punchard and Mrs V Uprichard.
8.
MINUTES
The minutes of the meeting held on 25 March 2015 were approved as a correct record and
signed by the Chairman, subject to the record of attendance being amended.
9.
ITEMS OF URGENT BUSINESS
None
10.
PUBLIC QUESTIONS
None
11.
APPOINTMENT OF LEADER OF THE COUNCIL
It was proposed by Mr W Northam, seconded by Mrs A Fitch-Tillett and
RESOLVED that
Mr T FitzPatrick be appointed Leader of the Council.
12.
REPORT ON APPOINTMENT OF MEMBERS OF THE CABINET
The Leader informed Council that the following Members had been appointed to Cabinet; Mrs
A Fitch-Tillett, Mrs S Arnold, Mr N Dixon, Mrs J Oliver, Mr W Northam, Mr J Rest and Miss B
Palmer. He said that Mrs A Fitch-Tillett had been appointed as Deputy Leader. Portfolios
would be confirmed shortly.
13.
REPORT ON APPOINTMENT OF LEADER OF THE OPPOSITION
Mrs A Moore confirmed that she had been appointed as Leader of the Liberal Democrat Group
and that Mrs B McGoun was the Deputy Leader.
14.
APPOINTMENT OF COMMITTEES, CHAIRMEN AND VICE-CHAIRMEN AND
SUBSTITUTES
Mr T FitzPatrick proposed the appointments of Committees, Chairmen and Vice-Chairmen and
Substitutes as tabled. He proposed that he was given delegation in conjunction with the Chief
Executive and Opposition Group Leader to agree any unfilled appointments.
It was proposed by Mr T FitzPatrick, seconded by Mrs A Moore and
RESOLVED
To appoint Committees, Chairmen and Vice-Chairmen and Substitutes as detailed below for
the ensuing year:
3
COMMITTEE
CONSERVATIVE(S)
LIBERAL
DEMOCRAT(S)
Scrutiny
Committee
(politically
balanced)
Mr N Smith
Mr B Smith
Mrs A ClaussenReynolds
Mr D Smith
Mrs J English
Mr M Knowles
Mrs M Prior
Mrs A Green
Mr P W Moore
Ms V Gay
Mrs S Butikofer
Mr E Seward
Development
Committee
(politically
balanced)
Mr N Smith
Mr B Smith
Mr P Rice
Mr R Reynolds
Mr R Shepherd
Mr S Ward
Mr N Pearce
Mr S Shaw
Mr S Hester
Mr N Coppack
Mrs P GroveJones
Mrs V Uprichard
Mr P W High
Mrs S Butikofer
Audit Committee
(politically
balanced)
Mr S Hester
Mr M Knowles
Mr V FitzPatrick
Mr R Shepherd
Mrs A Moore
Mr D Young
Licensing &
Appeals
Committee
(politically
balanced)
Mr B Smith
Mr P Rice
Mr R Reynolds
Mrs A ClaussenReynolds
Mr R Shepherd
Mr R Price
Mrs H Cox
Mr N Coppack
Mr S Shaw
Mr J Lee
Mr B Hannah
Mr P W High
Mrs P GroveJones
Mr P W Moore
Mrs V Uprichard
Standards
Committee
(politically
balanced
Mr R Reynolds
Mr R Stevens
Mrs H Cox
Mr R Shepherd
Mr N Smith
Mr N Coppack
Mrs G Perry-Warnes
Ms V Gay
Mr B Hannah
Joint Staff
Consultative
Committee
Mr N Smith
Mr T FitzPatrick
Mrs J English
Mrs B McGoun
Mr P W Moore
4
OTHERS
(co-opted
members)
JOINT
COMMITTEES &
PARTNERSHIPS
Norfolk Joint
Museums
Committee (x1)
Norfolk Parking
Partnership Joint
Committee (x1)
Norfolk Waste
Partnership (x1)
PATROL
Adjudication and
Bus Lane
Adjudication Joint
Committee (x1)
CONSERVATIVE(S)
LIBERAL
DEMOCRAT(S)
SUBSTITUTES
Police and Crime
Panel (x1)
County
Community
Safety
Partnership
Scrutiny Panel
(x1)
Mr N Dixon
Mr R Shepherd
Mr R Reynolds
Mr P Rice
Miss B Palmer
Mr J Rest
Mrs A Fitch-Tillett
Mr T FitzPatrick
Mr J Rest
CHAIRMEN, VICE – CHAIRMEN AND SUBSTITUTE MEMBERS OF COMMITTEES
COMMITTEE
CHAIRMAN
Scrutiny
Mr P W Moore
Committee
VICE-CHAIRMAN
Mr N Smith
Development
Committee
Mr R Reynolds
Mr R Shepherd
Audit
Committee
Mr V
FitzPatrick
tbc
Licensing &
Appeals
Committee
Mr R Price
tbc
5
SUBSTITUTE(S)
Mr D Young
Mr A Yiasimi
Mrs B McGoun
Mrs A Wells
Mr R Price
Mr S Ward
Mr R Shepherd
Mr N Coppack
Mr R Reynolds
Mrs B McGoun
Mr E Seward
Mrs L Walker
Mr P W Moore
Mrs A Claussen-Reynolds
Mrs A Green
Mrs M Prior
Ms V Gay
Mr A Wells
15.
Standards
Committee
Mrs H Cox
Mr R Stevens
Joint Staff
Consultative
Committee
Alternate
Members and
Staff
Mr P W High
Mr P W Moore
Mr S Hester
Mr N Pearce
Mrs P Grove-Jones
Mr P W High
Mrs S Arnold
Mrs A Fitch-Tillet
APPOINTMENT OF MEMBERS ON WORKING PARTIES, FORUMS AND PANELS
Mr T FitzPatrick proposed the appointments of Members on Working Parties, Forums and
Panels as tabled. He said that there would be some minor adjustments depending on the
allocation of portfolios to Cabinet members and therefore proposed that he was given
delegation in conjunction with the Chief Executive and Opposition Group Leader to agree any
unfilled appointments.
It was proposed by Mr T FitzPatrick, seconded by Mrs A Moore and
RESOLVED:
To appoint Members on Working Parties, Forums and Panels as detailed below, for the
ensuing year
WORKING PARTY,
FORUM, PANEL
Planning Policy and
Built Heritage
Working Party
(politically balanced)
No of
seats
11
Member
Development Group
Non political
Member/Officer
Group (Not
Politically Balanced)
Coastal Forum
(Members with
Coastal Wards or
Special
Responsibility for
Coastal Issues) (Not
Politically Balanced)
6
Constitution Working
Party
5
CONSERVATIVE
Mrs S Arnold
Mr R Reynolds
Mr J Punchard
Mrs J English
Mrs A Green
Mr N Pearce
Mrs A ClaussenReynolds
Mr S Shaw
Miss B Palmer
Mrs A ClaussenReynolds
Mr N Pearce
Mrs G PerryWarnes
All Coastal
Members
Mrs H Cox
Mrs A Fitch-Tillett
6
LIBERAL
DEMOCRAT
Mrs V Uprichard
Mr P W High
Mrs P GroveJones
SUBS
Mr P W High
Mrs B McGoun
Lee Walker
Brian Hannah
Ms V Gay
Mrs A Moore
Mr S Shaw
(politically balanced)
WORKING PARTY,
FORUM, PANEL
Council Tax Support
Working Party
(politically balanced)
Miss B Palmer
No of
seats
5
CONSERVATIVE
Mr W Northam
Mrs A ClaussenReynolds
Mr T FitzPatrick
LIBERAL
DEMOCRAT
Mrs A Moore
Mr D Young
SUBS
Mrs V Uprichard
Mrs H Cox
Mrs G PerryWarnes
Big Society Fund
Grants Panel
7
Mr T FitzPatrick
Mr J Lee
Mr R Reynolds
Mrs J English
Mr B Jarvis
Mr P W High
Mrs P GroveJones
Business Enterprise
and Start Up
Scheme Advisory
Panel (BEST)
2
Mr N Smith
Mrs L Walker
CHAIRMEN AND VICE – CHAIRMEN (WHERE APPROPRIATE)
WORKING PARTY,
FORUM, PANEL
Planning Policy and Built
Heritage Working Party
CHAIRMAN
VICE - CHAIRMAN
Mrs S Arnold
Mr R Reynolds
Member Development
Group
Constitution Working Party
16.
Council Tax Support
Working Party
Mr W Northam
Big Society Grants Fund
Panel
Mr T FitzPatrick / Miss B
Palmer
APPOINTMENT OF MEMBERS TO OUTSIDE BODIES
Mr T FitzPatrick proposed the appointment of Members to Outside Bodies as tabled. He said
that there would be some minor adjustments depending on the allocation of portfolios to
Cabinet members and therefore proposed that he was given delegation in conjunction with the
Chief Executive and Opposition Group Leader to agree any unfilled appointments.
RESOLVED
To appoint Members to the schedule of approved Outside Bodies for the 2015/16 civic year as
detailed in Minutes Appendix A.
7
17.
TO RECEIVE THE MINUTES OF THE UNDERMENTIONED COMMITTEES
RESOLVED
To receive the approved minutes of the undermentioned committees:
Cabinet - 09 March 2015
Development Committee – 26 February 2015
18.
REPORTS, UPDATES AND BRIEFINGS FROM THE CABINET OR MEMBERS OF THE
CABINET
Mr T FitzPatrick thanked Mr J Lee and Mr G Williams for their support during their time on
Cabinet. He then thanked Mr T Ivory for all his hard work on the Big Society Fund and housing
and planning issues. He thanked Mr Ivory personally for his unwaivering support when Mr
FitzPatrick first became Leader of the Council
20.
QUESTIONS FROM MEMBERS
None received
21.
OPPOSITION BUSINESS
None
22.
NOTICE(S) OF MOTION
None
23.
PRIVATE BUSINESS
The meeting concluded at 6.30pm.
_________________________
Chairman
8
Minutes Appendix A
REPRESENTATIVES ON OUTSIDE BODIES
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S) &
SUBSTITUTE(S) WHERE
REQUIRED & Status
B Palmer
Active Norfolk (under review)
1
Bacton Gas Terminal
Environmental Liaison Committee
5
A Fitch-Tillett
W J Northam
R Price
B Smith
L Walker
Broads Authority
1
P Rice
Broads Internal Drainage Board
8
A Fitch-Tillet
W J Northam
P Rice
R Price
N Dixon
B Jarvis
Broads Tourism
1
N Dixon
Citizen’s Advice Stakeholder
Forum
2
B Palmer
V Gay
Community Rail Norfolk
1
N Dixon
(Director)
Cromer Lawn Tennis & Squash
Association
3
J Oliver
N Pearce
T FitzPatrick
Coastshare
1
J Oliver
(Director)
Duty to co-operate Members’
Forum
1
S Arnold
Fakenham Community Campus
Trust
Former RAF Coltishall Community
Liaison Reference Group
1
J Punchard
3
N Dixon
S Shaw
G Williams
Happisburgh Lighthouse Trust
1
L Walker
9
ORGANISATION
NUMBER OF
REPRESENTATIVES
MEMBER (S) &
SUBSTITUTE(S) WHERE
REQUIRED & Status
A Claussen-Reynolds
Health and Well Being Board
1
HMP Bure Liaison Committee
3
S Shaw
R Shepherd
G Williams
Local Government Association –
SIG - Coastal issues
1+ Sub
A Fitch-Tillett
(H Cox)
Local Government Association –
SPARSE Rural Sub SIG
1
T FitzPatrick
Mid-Norfolk Citizens Advice
Bureau
1
D Young
Norfolk Arts Forum Executive
Norfolk Coast Partnership
1+ Sub
B Jarvis
(J English & M Prior)
1+1 Sub
A Fitch-Tillett
(S Hester & V FitzPatrick)
Norfolk Health Overview & Scrutiny
Committee (must be a Member of
Overview & Scrutiny Committee)
1+Sub
A Claussen-Reynolds
(N Smith)
Norfolk Rail Group
1+Sub
N Dixon
(H Cox)
Norfolk Records Committee
1
A Claussen-Reynolds
Norfolk Rivers Internal Drainage
Board
5
A Green
G Perry-Warnes
B Palmer
R Reynolds
S Ward
Norfolk and Suffolk Energy
Alliance
1
N Dixon
Norse Environmental Waste
Services (NEWS)
1
T FitzPatrick
(Director)
North Norfolk Renewables
Partnership (under review)
1
N Dixon
North Norfolk Historic Buildings
Trust
1
A Green
10
ORGANISATION
NUMBER OF
REPRESENTATIVES
North Norfolk Community
Transport Association
North Walsham Sports Hall User
Forum
1
MEMBER (S) &
SUBSTITUTE(S) WHERE
REQUIRED & Status
N Coppack
N Lloyd
N Lloyd
2
N Dixon
N Dixon
2
Rural Development Programme
England – LAG Boards
- Wensum
- Broads
Sheringham Little Theatre Society
Board
2
D Smith
R Stevens
Sheringham Sports Association
2
J Oliver
R Shepherd
Southrepps Commons
Management Committee
1
S Arnold
The Wash & North Norfolk Coast
Marine Special Area of
Conservation Management Group
Wells Harbour Users’ Advisory
Committee
Visit North Norfolk
Wells Maltings Trust
1
(1 sub)
A Fitch-Tillett
H Cox (sub)
1
V FitzPatrick
2
N Dixon
Conservative TBC
(Directors)
1
(1 sub)
S Hester
V FitzPatrick (sub)
Under Review:
Active Norfolk
Changed to a Board of
Directors
North Norfolk Renewables
Partnership
Likely to be disbanded
11
Agenda Item No__12__________
Report covering the revised Pay Policy Statement 2015/16 and changes to
mandatory Standing Orders
Summary:
a) Pay policy statement: Section 38 of the Localism
Act 2011 (“the Act”) requires the Council to produce an
annual pay policy statement (“the statement”) for the
start of each financial year. Full Council approved the
current Pay Policy Statement on 25 February 2015.
That statement needs to be amended as the Joint
Negotiating Committee agreed a pay increase for Chief
Executives on 25 March 2015. The attached statement
is drawn up in compliance with the Act to cover the
period 2015/16. It is a legal requirement that Full
Council formally signs off this statement and the
responsibility cannot be devolved to any other person or
committee.
b) Changes to mandatory Standing Orders: Recent
amendments to the Local Authorities (Standing Orders)
(England) Regulations 2001 require local authorities to
make some changes to their standing orders relating to
the dismissal of certain Chief Officers. This report and
Appendix G outline the required change.
Conclusions:
a) The attached amended statement sets out
remuneration
arrangements
for
officers
and
incorporates the national pay increases agreed during
2014/15 for staff.
b) Appendix G sets out the proposed changes to
Council’s Standing Orders.
Recommendations:
a) To adopt the amended Pay Policy Statement and to
publish the statement for 2015/16 on the Council’s
website.
b) To instruct the Monitoring Officer to make the
changes to the Council’s Standing Orders to comply
with the change in the law.
Cabinet Member(s)
Ward(s) affected
Councillor
All
Contact Officer, telephone number and email:
12
1.
Introduction to the Pay Policy Statement
1.1
Section 38 (1) of the Localism Act 2011 (“the Act”) requires English and
Welsh local authorities to produce a pay policy statement (“the statement”) for
each financial year. The first statement went to Full Council on 22 February
2012 to cover the period 2012/13.
The current Pay Policy Statement went to Full Council on 25 February 2015
and incorporated the national pay awards for all officers excluding the Chief
Executive as that particular award had not been agreed nationally.
Notification was received on 25 March 2015 that the award for Chief
Executive’s covered by the National Agreement had been agreed to cover the
period to 31 March 2016. This is the first national pay award that has been
agreed for Chief Executive posts since April 2008.
1.2
1.3
2.
The Statement
2.1
The statement must set out:




2.2
With regard to the process for approving the statement, it must:



2.3
Be approved formally by Full Council and cannot be delegated to any sub
committee. This includes any amendments in each financial year
Be approved by the end of March each year
Be published on the authority’s website and in any other manner that the
Council thinks appropriate as soon as it is reasonably practicable after it is
approved or amended
Be complied with when the authority sets the terms and conditions for a
Chief Officer
For the purpose of the statement the term ‘Chief Officer’ in a local authority
context is defined as set out in the Local Government and Housing Act 1989
as:




2.4
A local authority’s policy on the level and elements of remuneration for
each chief officer
A local authority’s policy on the remuneration of its lowest-paid
employees (together with its definition of “lowest-paid employees” and
its reasons for adopting that definition)
A local authority’s policy on the relationship between the remuneration
of its chief officers and other officers
A local authority’s policy on other specific aspects of chief officers’
remuneration: remuneration on recruitment, increases and additions to
remuneration, use of performance related pay and bonuses,
termination payments, and transparency.
The Head of Paid Service (Chief Executive)
The Monitoring Officer
A statutory Chief Officer and non statutory Chief Officer (section 2 of
that Act)
A deputy Chief Officer (section 2 of that Act)
This definition of Chief Officer is wider than that contained within the
Constitution where the term ‘chief officer’ indicates the senior posts which sit
on Corporate Leadership Team i.e. the Chief Executive and Directors.
13
3
3.1
Changes to Mandatory Standing Orders
Recent amendments to the Local Authorities (Standing Orders) (England)
Regulations 2001 require local authorities to make some changes to their
standing orders.
3.2
One of these changes relates to the dismissal of certain chief officers (chief
finance officer, head of the authority's paid service or monitoring officer).
3.3
In summary, instead of engaging a “designated independent person” to
provide an independent external view on any proposed dismissal, we would
now use a panel composed of at least two of the independent persons
appointed under the Localism Act 2011.
3.4
These posts were created in 2012 to deal with standards and ethics issues.
As most authorities only appointed one independent person it will usually be
the case that an independent person from another authority will need to be
engaged to form the panel now required by the new standing orders.
3.5
The Council’s current independent person is Mr Alex Oram. The dismissal of
chief officers is of course unlikely to be a frequent event but it will
nevertheless be appropriate to brief the independent persons on their new
duties. Expenses for this duty will be at the same rate as currently paid to the
independent person for existing duties.
3.6
The proposed new standing orders compliant with the recent changes are set
out in Appendix G.
4
Conclusion
4.1
The Pay Policy Statement meets the statutory requirements of the Localism
Act and it is therefore recommended that the attached statement be
approved.
The proposed changes to the Council’s Standing Orders shown at Appendix
G enable the Monitoring Officer to ensure compliance with the change in the
law.
4.2
5
Financial Implications and Risks
5.1
There are no increased risks as a result of setting and publishing the Pay
Policy Statement. The report and the statement outline arrangements for
2015/16. This statement builds on the publication of senior officer salary
information
which
is
already
available
on
the
website
at
http://www.northnorfolk.org/council/8105.asp Any financial implications
relevant to national pay awards have been factored into the budget for
2015/16.
5.2
The chances put forward to Standing Orders are required under the
amendments to the Local Authorities (Standing Orders) (England)
Regulations 2001.
14
6
Equality and Diversity
6.1
The Equality act 2010 places requirements upon all public sector bodies to
ensure that its policies and procedures promote equality, this document
supports that requirement.
15
PAY POLICY STATEMENT 2015/16 (Revised June 2015)
Context
This policy statement has been produced in accordance with Sections 38 to 43 of the
Localism Act 2011 (“the Act”), which, from 2012 onwards, requires all local
authorities to publish an annual statement of their policy for the relevant financial
year in relation to:






The remuneration of their most senior employees (which the Act
defines as the Head of Paid Service (Chief Executive),
the Monitoring Officer,
the Chief Officers (or Directors), and
the Deputy Chief Officers (i.e. managers who report directly to a Chief
Officer));
The remuneration of their lowest-paid employees; and
The relationship between the remuneration of their most senior
employees and that of other employees.
The Secretary of State has produced guidance on the provisions in the Act relating to
transparency and accountability in local pay, which local authorities must have regard
to in preparing and approving their annual pay policy statements. This Pay Policy
Statement takes full account of this guidance as well as the provisions of the Act.
The policy statement also refers to information which the Council already publishes
under other legislation:



Information on the level of remuneration paid to senior managers, as
required by the Accounts and Audit (England) Regulations 2011
(Statutory Instrument 2011/817).
Policy on the exercise of its discretions over payments upon
termination of employment under the Local Government Pension
Scheme, as required by Regulation 66 of the Local Government
Pension Scheme (Administration) Regulations 2008
Policy on the exercise of its discretions over payments upon
termination of employment under the Local Government (Early
Termination of Employment) (Discretionary Compensation) (England
and Wales) Regulations 2006, as required by Regulation 7 of those
regulations.
This Pay Policy Statement must be reviewed on an annual basis and a new version
of the policy will be submitted to Full Council for approval by 31 March immediately
preceding the financial year to which it relates.
The pay policy statement can also be amended during the course of the financial
year, but only by a resolution of the Full Council. If it is amended during the year to
which it relates, the revised version of the statement must be published as soon as
possible after the amendment is approved by Full Council.
This policy statement was considered by Full Council on 24 June 2015 following the
agreement of the Joint Negotiating Committee on the pay award for Chief Executive’s
2015/16. It is available on the Council’s website. The Council’s website also includes
separately published data on salary information relating to Senior Officers and this
can be viewed at http://www.northnorfolk.org/council/8104.asp
16
For the purpose of the pay policy statement the term ‘Chief Officer’ in a local
authority context is defined as set out in the Local Government and Housing Act
1989:
a)
b)
c)
d)
The Head of Paid Service (i.e. the Chief Executive) as designated under
section 4 of that Act;
The Monitoring Officer designated under section 5(1) of that Act;
A statutory Chief Officer and non statutory Chief Officer under section 2 of
that Act;
A deputy Chief Officer mentioned in section 2 of that Act.
Remunerating Chief Officers/Deputy Chief Officers
The remuneration for Chief Officers/Deputy Chief Officers within the Council can be
found at Appendices A, B, C, E and F.
The Monitoring Officer (MO) service is brought in on a contract basis so the Council
does not directly remunerate the MO who is currently an employee of Norfolk County
Council.
Remunerating the Lowest Paid in the Workforce
The Council applies terms and conditions of employment that have been negotiated
and agreed through appropriate collective bargaining mechanisms (national or local)
or as a consequence of Council decisions, these are then incorporated into contracts
of employment. The lowest pay point in use by the Council for employees on the
council’s pay scale is spinal column point (SCP) 8. This relates to an annual salary
of £13,871 (full time equivalent (FTE) and can be expressed as an hourly rate of pay
of £7.1897 as at 01 January 2015. Employees on this pay point are defined as our
lowest paid employees. This pay point and salary has been determined by the
National Joint Council (NJC). See Appendix D for pay scales for staff on grades 5-13.
Full Council agreed to pay a Living Wage supplement for SCP’s 8 – 10 for 2015. This
will be subject to review in November 2015 when the Living Wage is reviewed
nationally.
The Council employs a number of apprentices and the salary for these staff complies
with the National Minimum Wage.
The Relationship between Chief Officer Remuneration and that of other
employees
The highest paid salary in the Council is that of the Chief Executive at £101,766 as at
1 January 2015. The median for Chief Officers is £52,806 and for non-Chief Officers
is £19,742. This gives a ratio of 1:2.675. The Council does not have a policy on
maintaining, reaching or applying a specific pay multiple. However the Council is
conscious that remuneration at all levels needs to be adequate to secure and retain
high-quality employees but not be seen as excessive.
Other Aspects of Chief Officer Remuneration
Other aspects of Chief Officer remuneration are appropriate to be covered by this
policy statement, these other aspects are defined as remuneration on recruitment,
pay increases, additions to pay, performance related pay, earn back, enhancements
17
of pension entitlements and termination payments. These elements are shown in
Appendix A and B.
Pay Awards
Pay awards are determined nationally in accordance with the Joint Negotiating
Committee (JNC) for Chief Executives, the Joint Negotiating Committee (JNC) for
Chief/Deputy Chief Officers and the National Joint Committee (NJC) for staff paid
under the national spinal column points covered by internal grades 5-12.
Tax Avoidance
The Council is committed to tackling all forms of tax avoidance and therefore
encourages the direct employment of staff and pays them via the payroll system. In a
few circumstances where it is more appropriate to engage people on a self-employed
basis, the Council will utilise the procurement policy and follows guidelines to ensure
that the correct employment status is identified before being engaged. When a need
arises for an ‘interim’ appointment, the Council may consider the use of an agency.
Re-engagement of ex North Norfolk District Council staff within the scope of
this policy
All permanent / fixed term posts are advertised in accordance with the council’s
recruitment practices and procedures and appointment is made on merit. Interim
management appointments are made in accordance with the council’s procurement
policy.
Review
The Localism Act 2011 requires relevant authorities to prepare a Pay Policy
Statement for each subsequent financial year. The next statement will be submitted
to Full Council for approval by 31 March 2016.
As necessary, the Council may by resolution amend the pay policy statement at
times other than that of the prescribed annual statement.
18
Post
Salary grade
Chief
Executive
1
Expenses / car
allowances
Travel and other
expenses are
reimbursed
through normal
Council
procedures.
Bonuses / PRP /
Earn Back
The current terms
and conditions of
employment does
not provide for
any of the above
elements
Honoraria / Acting
Up
Honoraria and acting
up payments for any
increased duties and
responsibilities do not
apply
Market/Salary
Supplements
A salary/market
supplement has not been
applied to this post
Car allowances
are paid in
accordance with
the rates set out in
Council’s Travel
Policy (see
Appendix D)
Election Fees
As the Returning Officer (RO), the
Chief Executive will receive a fee,
locally in respect of County,
District and Parish Elections. The
fee for undertaking this role in
Norfolk is determined by an
independent panel made up of the
Chairs of Norfolk Local Authority
Member Remuneration Panels.
Fees for conducting Parliamentary
and European Parliamentary
Elections, National Referendums
and other Elections such as for
the Police and Crime
Commissioner. etc. are
determined by Government. The
RO is a separate appointment and
therefore not factored into the
salary range shown.The fees will
be published on the Council’s
website (once agreed).
As above (where applicable)
Severance
Arrangements
The Council’s
normal policies
regarding
redundancy
and
early/flexible
retirement
apply to the
postholder
Corporate
Directors x 2
Head of
Finance/s151
Officer
2
As above
As above
As above
As above
As above
4
As above
As above
£4553 pa (s151
responsibilities)
As above (where applicable)
As above
Head of
Planning
4
As above
As above
Could be applied
where appropriate on
authorisation of
Corporate Leadership
Team
As above
As above (where applicable)
As above
Head of
Service x 6
4
As above
As above
As above
£4553 pa (specialist
delegated
responsibilities)
Could be applied where
appropriate on
authorisation of
Corporate Leadership
Team
As above (where applicable)
As above
Appendix A
19
Appendix B
Aspect of Chief Officer
Remuneration
Recruitment
Council Policy
The post will be advertised and appointed to at the appropriate approved
salary for the post in question and individuals will be placed on the
appropriate SCP within the pay grade for the post that they are appointed
to. The rules regarding appointment to a Chief Officer role are set out in
the Constitution (Chapter 10).
Employees will receive an annual increment (and in some cases, 6 months
after starting work with the Council), subject to the top of their grade not
being exceeded.
Where the Council is unable to recruit to a post at its designated grade, it
will consider the use of temporary market supplements.
Access to appropriate elements of the Council’s relocation Scheme may
also be granted in certain circumstances, when new starters move to the
area.
Pay Increases
The above applies to all employees.
The Council will apply any pay increases that are agreed by the relevant
national negotiating bodies. The Council will also apply any pay increases
that are as a result of Council decisions to significantly increase the duties
and responsibilities of the post in question beyond the normal flexing of
duties and responsibilities that are expected in senior posts.
Additions to Pay
This applies to all employees.
The Council would not make additional payments beyond those specified
in the terms and conditions of employment.
Professional Subscriptions
This applies to all employees.
These are payable where they are required for the post and should be
limited to one subscription per Officer.
Employee Assistance
Programme (EAP) (includes
access to advice and
counselling)
Contract for Services
Redundancy and payments
on termination
Pension contribution rates
This applies to all employees.
Access to the EAP scheme is available to all employees and Elected
Members.
Where the Council remains unable to appoint chief officers on recruitment,
or there is a need to provide interim support to cover for a vacant
substantive chief officer post, the Council will, where necessary, consider
engaging individuals under ‘contracts for service’. These will be sourced
through a relevant procurement process ensuring the Council is able to
demonstrate value for money from competition in securing the relevant
service.
The Council has a single policy which applies to all employees (see
Appendix F).
Where termination of employment is subject to a settlement agreement
that agreement may include a negotiated payment in exchange for which
the employee undertakes not to pursue claims against the Council. This is
always subject to the completion of a business case and appropriate
authorisation as laid out in the above policy.
Staff who opt to join the Local Government Pension Scheme (LGPS) pay
contribution rates between 5.5% to 12.5%. The employer contribution rate
is currently 14.5% and this is the same rate for all staff.
20
Salary grades for Chief Officers and Deputy Chief Officers (2015)
Appendix C
Grade 1 (Chief Executive)
Annual
SCP
Amount
300
301
99,634.00
101,766.00
Grade 2 (Directors)
Annual
SCP
Amount
310
311
312
313
314
67,846.00
69,554.00
74,777.00
76,696.00
78,853.00
Grade 3 (Not utilised)
Annual
SCP
Amount
320
321
322
323
324
55,135.00
56,833.00
58,415.00
64,125.00
65,570.00
Grade 4 (Heads of Service)
Annual
SCP
Salary
330
331
332
333
334
46,081.00
47,332.00
48,565.00
49,808.00
53,862.00
The pay award has been agreed for Chief Officer grades (4-1) above (with effect from 1 January 2015). Confirmation of the
pay award for Chief Executives was received on 25 March 2015.
21
Appendix D
Pay scales for grades 12 - 5
(Effective from 25 February 2015)
Grade
SCP
8*
9*
10*
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
Grade 12
Grade 11
Grade 10
Grade 9

Salary
13,871
14,075
14,338
15,207
15,523
15,941
16,231
16,572
16,969
17,372
17,714
18,376
19,048
19,742
20,253
20,849
21,530
22,212
22,937
Grade
Grade 7
Grade 6
Grade 5
SCP
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
Salary
27,123
27,924
29,558
30,178
30,978
31,846
32,778
33,857
34,746
35,662
36,571
37,483
39,267
40,217
41,140
42,053
43,863
These posts are supplemented to the Living Wage for the period 2015.
22
Appendix E
TRAVEL POLICY
INTRODUCTION
The purpose of this policy is to set out North Norfolk District Council’s policy on travel
arrangements that employees are eligible to claim in reimbursement for journeys made in
carrying out their duties.
GENERAL TRAVEL PRINCIPLES
Employees will be required to ensure that:-
the use of public transport is prioritised above a car where the journey time is
comparable to that of a car
-
the choice of travel mode should always be the most cost effective to the
Authority, taking into account both claim costs and staff time
-
they ensure that journeys are planned to do the least number of miles possible,
through good route planning and car sharing
-
a full record of their journey is kept including the reason for travelling and the
names of official passengers carried
-
they do not use their own vehicle on journeys where there is room in the car of
another officer making the same journey on the same business. In this situation,
an essential car user should drive in preference to a casual user, if possible
-
they have included and maintain in their policy of insurance a clause indemnifying
the Authority against all third party claims (including those concerning
passengers) arising out of the use of the vehicle on official business
-
all claims exclude home to work mileage (and vice versa) if the journey starts or
ends from the officers home i.e. they should only claim for excess business
mileage over and above their normal daily commute mileage
-
all claims must be made using the appropriate claim form (these can be obtained
from the intranet or HR)
-
VAT receipts are obtained and attached to the travel claim form to enable the
Authority to reclaim VAT
-
they are familiar with and comply with the Driver Policy and Handbook
CAR ALLOWANCES
North Norfolk District Council recognises that employees will be required to use their own
motor vehicle for the efficient performance of their duties and that it is appropriate to
reimburse for additional authorised expenditure.
All employees are designated as casual users unless their post attracts an essential car user
allowance or they are currently in receipt of either a lease car or cash equivalent payment.
23
ESSENTIAL USER ALLOWANCES
Essential users are those whose duties are of such a nature that it is essential for them to
have a motor car at their disposal whenever required. If the employee uses a private car in
carrying out those official duties then they shall be entitled to receive the lump sum
allowance and mileage rates set out in this policy.
To determine eligibility to an essential car user allowance, the Essential Car User
Assessment Form (obtained from HR) must be completed by either the line manager (for
vacant posts) or the postholder. The assessment form will be scored by HR and eligibility will
be confirmed or declined based on that assessment. If the postholder is not satisfied with the
outcome, they can request an assessment by a Corporate Director in consultation with
UNISON. A record of the request and scoring will be kept on the post file and where
appropriate, the personnel file.
The essential car user allowance will be paid to all employees whose eligibility is confirmed
and they will receive a lump sum in accordance with their terms and conditions of
employment along with the approved mileage rate for claimed business miles undertaken.
Eligibility for essential car user status will be checked annually via completion of the car
allowance scheme assessment form and if the post does not meet the criteria for this
allowance, it will be removed immediately and the employee will be re-designated as a
casual user. The employee will be entitled to appeal this decision and eligibility will be
rechecked and the decision confirmed by a Corporate Director in consultation with UNISON.
CASUAL USER ALLOWANCES
Casual users are those for whom it is desirable that a car should be made available when
required and as such are eligible to receive the appropriate mileage rate set out in this
policy.
ALLOWANCES AND MILEAGE RATES
See Appendix A – please note these rates are reviewed and where appropriate, updated
and published annually.
CAR LOAN SCHEME
Employees may apply to the Authority for a loan to purchase a vehicle if it is deemed
necessary by a Corporate Director for them to use a vehicle for work purposes. Details of the
scheme can be obtained from the Payroll Officer.
24
OTHER MILEAGE RATES
Lease car scheme
Training1
Motorcycle
Cycle
Car sharing-
-
15.47 pence per mile
15.47 pence per mile
24 pence per mile
20 pence per mile
5 pence per mile (not per person(s) carried)
MILEAGE CLAIMS
All claims must be submitted on the appropriate claim form and passed to Payroll for
payment within 3 months of undertaking the journey/expenditure. All claim forms are to be
authorised by the appropriate authorised line manager according to the ‘authorised
signatories list’. See Appendix B for details of what can be included in a mileage claim.
Failure to submit a claim within 3 months of undertaking the journey would mean that,
except under exceptional circumstances, the claim would not be met.
OTHER ALLOWANCES
SUBSISTENCE2
Subsistence will be paid to employees who necessarily incur additional expense in the
course of their work. Reimbursement will be on the actual cost incurred up to the maximum
amount shown below. This is subject to producing a receipt which shows the actual cost of
the meal. Maximums are:Breakfast
Lunch
Tea
Evening meal
-
£6.88 (Where work/travel commences before 7.30 am)
£9.50 (When away for entire lunch period 12.00 – 14.00)
£3.76
£11.77 (When work/absence extends beyond 7.30 pm)
OVERNIGHT ALLOWANCES
Overnight
£3.63
Max per week
£14.55
Any exceptions to the above (subsistence and overnight allowances) would need to be
agreed in advance with a Corporate Director.
LINK TO OTHER RELEVANT POLICIES
1.
Driver Policy and Handbook – employees are required to comply with the
requirements of this policy.
2.
Environmental Policy – found within the Environmental Sustainability Strategy and
Implementation Plan.
3.
Green travel Plan.
MONITORING
This policy will be reviewed, updated and published on an annual basis by the Head of
Organisational Development in line with the national agreement or as required by the
Authority.
1
2
There is a specific claim form for qualification based training – speak to HR for details
Rates are updated annually and are correct with effect from April 2010
25
APPENDIX A
TRAVEL RATES3
Casual User Rate
Mileage:Per mile first 10,000
Per mile after 10,000
52.2p
14.4p
Essential User (based on NJC rates for 1000-1199cc band)
Lump sum
£963 per annum (paid pro-rata on a monthly basis)
Mileage:Per mile first 10,000
Per mile after 10,000
40.9p
14.4p
APPENDIX B
MILEAGE CLAIMS
Mileage claims can be made as follows:-
3
1.
Journeys from home to first visit:
a) If the mileage is less than that from home to work base then no claim is made
b) If the mileage is more than that from home to work base then excess mileage
can be claimed
2.
Journeys from last visit to home:
a) If the mileage is less than work base to home then no claim is made
b) If the mileage is more than that from work base to home then the excess
mileage can be claimed
3.
Extra journeys out of hours:
When work is undertaken that results in additional journeys out of normal hours
then the extra mileage may be claimed
Rates are updated annually and are correct with effect from April 2010
26
Appendix F
Pensions, Retirement and
Discretionary Compensation Payments
Policy Statements
-
Equalities Statement
North Norfolk District Council wishes to promote equality and has a number of obligations
under equality legislation. All employees are expected to adhere to this procedure in line with
these obligations. Reasonable adjustments or supportive measures should be considered to
ensure equality of access and opportunity regardless of age, gender, gender reassignment,
pregnancy, maternity, race, ethnicity, sexual orientation, marriage, civil partnership,
disability, religion or belief.
General Introduction
Since 1997, Local Government Pension Scheme (LGPS) legislation has required all local
authority employers to publish a written Policy Statement on how it will exercise the various
discretions provided by the scheme; to keep it under review; and to revise it as necessary.
This policy statement is outlined below:
In developing these Policy Statements it is important to clarify that:
a. The Policy Statements confer no contractural rights in relation to the Local
Government Pension Scheme and discretionary compensation payments.
b. The Policy Statements may be changed by the Council at any time.
c. These policies should not restrict the Council’s discretion. There may be
circumstances where the Council may decide to make an exception to any of these
particular policies. Any exceptions to a policy contained within these Policy
Statements will only be made following consultation with the Council’s Monitoring
Officer.
It should be noted that any future changes to this policy statement will only become effective
one month after the revised policy statement is published.
The policies incorporated within this Policy Statement include:
1)
2)
3)
4)
General policy - retirement
Policy relating to flexible retirement
Statements relating to the exercise of discretionary powers under the LGPS
Discretionary compensation payments policy
It is important in considering this document to note the following: All decisions relating to the operation of the policies outlined in this document are delegated
to the Corporate Leadership Team, Leader and Cabinet Member for Human Resources
following consultation with the Council’s s151 Officer, Monitoring Officer and the Head of
Organisational Development.
1)
General Policy - retirement
27
The Council’s policy relating to employee retirement is:
a. Employees who wish to retire from their employment are required to give notice of
their intended date of retirement to their manager in writing. The length of notice
required must be at least the same as the notice required to resign from employment.
However, employees are encouraged to give an early indication of their planned
retirement date.
b. Retirement from employment does not establish entitlement to either occupational or
state pension benefits. Equally this policy does not change an employee’s
entitlements as a member of an occupational pension scheme. Employees who are
members of the LGPS are advised to seek advice about the impact of their planned
retirement date on their pension benefits. This is particularly important where the
employee is planning on retiring either earlier or later than their Normal Retirement
Age4.
c. Employees who are members of the LGPS can elect to retire and receive their
benefits between the ages of 55 to 75 (subject to the provisions of this policy).
2)
Policy Relating to Flexible Retirement
Flexible retirement occurs where an employee draws their pension and carries on working,
either at a lower grade and or on reduced hours. It is available to LGPS members who are
aged 55 or over, and who with the Council’s consent reduce their hours or grade. Subject to
necessary approvals, such employees will be able to draw their local government pension
whilst continuing to work. In addition they can remain in the LGPS until the day before their
th
75 birthday, building up further benefits in the scheme. In all cases, employees must
receive advice as to how flexible retirement will affect their net pay and pension entitlement.
This is important, as an employee’s pension will normally be actuarially reduced if paid
before their Normal Retirement Age.
4
Normal Retirement Age is the same as the employees State Pension Age – with 65 as the earliest age.
28
3)
Statement Relating to the Exercise of Discretionary Powers under the LGPS
Since 1997, the LGPS has required the Council to issue a written policy statement on how it
will exercise the various discretions provided by the scheme; to keep it under review; and to
revise it as necessary.
These discretions are outlined below and it is compulsory for the Council to make an
individual decision for each of the first five discretions (a – e) and outline these decisions in
the Council’s Policy Statement. It is also a legal requirement that the employer has regard to
the extent to which the policy on exercising these five discretions might lead to a serious loss
of confidence in public service. The remaining discretions are not compulsory but are
recommended by the Norfolk Pension Fund (F-M).
Compulsory Items as required under Regulation 60(1) of the LGPS (Administration)
Regulations 2013 and Regulation 66(1) of the LGPS (Administration) Regulations
2007.
a)
Funding of Additional Pension: Regulation 16(2e) 16(4d)
An employer may fund wholly, or in part, a members additional pension contract
(APC). The payment can be paid by regular contributions or a lump sum.
The Council will not exercise this discretion. However where an APC is used to cover a
period of unpaid leave North Norfolk District Council is required to automatically pay 2/3rds
of the cost with the member paying the rest providing the APC request is made within 30
days of the member returning from leave.
b)
Awarding Additional Pension: Regulation 31
An employer may increase a member’s benefits by awarding additional
pension up to a maximum of £6,500 pa from April 2014.
The Council will not exercise this discretion.
c)
Flexible Retirement: Regulation 30(6)
An employer may give consent for a member aged 55 or more who reduces their
grade or hours of work (or both) to receive all or part of their LGPS benefits
immediately, even though they haven’t left its employment. By taking their pension
benefits early an employee may incur a reduction in their benefits. In some cases
there will be no reduction for the employee and the cost of the early retirement will
therefore be borne by the Council.
The Council has decided that:
 Flexible retirement will be allowed only in circumstances where it is demonstrated to
be in the Council’s long term interests
 Each case will be considered on its merits. Before a decision is made, the Council
must be informed of the full economic cost of granting flexible retirement
(Note:- the above decisions are delegated to the Corporate Leadership Team, Leader and
Portfolio Member for Human Resources following consultation with the Council’s s151
Officer and the Head of Organisational Development.)
d)
Waiving of Actuarial Reduction: Regulation 30(8)
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If the benefits payable on retirement before normal pension age would normally be
reduced for early payment, the employer may agree to waive all or part of the
reduction.
The Council has decided that: The waiving of actuarial reductions may be specifically applied to cases which are
being considered as an employer consent on compassionate grounds
 Each case will be considered on its merits. Before a decision is made, the Council
must be informed of the full economic cost of waiving all or part of the reduction
(Note:- the above decisions are delegated to the Corporate Leadership Team, Leader and
Portfolio Member for Human Resources following consultation with the Council’s s151
Officer and the Head of Organisational Development.)
e)
Early Payment of Pension: Regulation 30 of LGPS (Benefits, Membership and
Contributions) Regulations 2007 (2 parts to this)
(1) An employer may give consent for a member aged 55 or more who has left its
employment prior to April 2014 without an entitlement to immediate LGPS benefits to
receive them straight away regardless.
(2) If the benefits payable would normally be reduced for early payment, the employer
may agree to waive all or part of the reduction on compassionate grounds.
The Council has decided that: Each case will be considered on its merits. Before a decision is made, the Council
must be informed of the full economic cost of waiving all or part of the reduction
(Note:- the above decisions are delegated to the Corporate Leadership Team, Leader and
Portfolio Member for Human Resources following consultation with the Council’s s151
Officer and the Head of Organisational Development.)
Non-Compulsory Items in the 2013 Regulations
f)
Membership Aggregation: Regulation 22(7b)(8b)
A member who transfers from another LGPS employer, either directly or after a break,
must aggregate the two periods of membership provided they do so while still an
active member in the new post. The member has twelve months from the aggregation
to opt to keep their periods of membership separate.
The Council requires any request to aggregate LGPS membership to be made within the
twelve months time limit.
g)
Shared Cost AVCs: Regulation 17(1)
An employer may contribute towards a Shared Cost AVC Scheme.
The Council will not contribute towards a Shared Cost AVC Scheme.
h)
Forfeiture of Pension Rights: 19(2), 91, 92, 93
If a member leaves as a result of a conviction for an offence in connection with their
LGPS employment or as a result of their own criminal, negligent or fraudulent act in
connection with that employment, the employer has discretion (within the terms of
these regulations) to direct that all or part of their LGPS pension rights should be
forfeited and/or paid over to the employer or specified dependants of the member.
The Council will exercise this discretion depending on the circumstances of the case. These
decisions are delegated to the Corporate Leadership Team, Leader and Portfolio Member
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for Human Resources following consultation with the Council’s s151 Officer, Monitoring
Officer and the Head of Organisational Development.
i)
Appointment of Adjudicator for Member Disagreements Regulation 74(1)
There is a three-stage dispute procedure for members who disagree with any LGPS
decision made by their employer. The first stage is handled by an independent person
appointed by the employer. Second Stage appeals are dealt with by the administering
authority, Norfolk County Council. The third and final stage is an appeal to The
Pensions Ombudsman.
The Council appoints the Monitoring Officer as the independent person to deal with the first
stage of any disagreement between a LGPS member and the Council.
j)
Transfers of Pension Rights: Regulation 100(6)
A member who has previous pension rights in a different pension scheme* may
transfer them into the LGPS provided they opt to do so within twelve months of
joining it. The employer has discretion to extend the twelve months time limit.
The Council will not use the discretion available to it to extend the twelve month application
period.
*This does not include rights in the LGPS, which are dealt with under f).
k)
Members’ Contribution Rates: Regulation 9(3)
Employers are required to allocate employees into the appropriate contribution band
for 2014/15 and every financial year from then on. If a member’s pay moves into a
different band during the financial year, the employer has the discretion to implement
the new band immediately.
The Council will use the contribution rate defined in the regulations and apply it to staff who
are members of the pension scheme in accordance with their pensionable pay*. The
contribution rate is assessed on a monthly basis based on the employees pensionable pay.
*There is a new definition of pensionable pay in the regulations which includes all payments
made to an employee (with the exception of a limited few items) including, but not limited to,
non contractual overtime and/or additional hours.
l)
Temporary reduction in contributions – the 50/50 option
The 50/50 option is designed to be a short term temporary arrangement during times of
hardship, and allows employees to given written notice to pay half the contributions and
accrue pension benefits at half the normal rate. The Council will pay contributions at the
100% rate in line with the regulations.
Non-Compulsory Items in the 2008 Regulations
m)
Membership Aggregation: Regulation 16(4)(b)(ii)
A member who transfers prior to 1st April 2014 from another LGPS employer,
either directly or after a break, may opt to aggregate the two periods of
membership provided they do so while still an active member in the new post
and within twelve months of joining.
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The Council requires any request to aggregate LGPS membership to be made within
the twelve months time limit.
4)
Discretionary Compensation Payments Policy (Required by The Local
Government (Early Termination of Employment) (Discretionary Compensation)
(England and Wales) Regulations 2006)
The Council can exercise certain discretions under the LGPS. In addition, if it is necessary to
declare posts redundant or consider early retirement, the Council can compensate
employees under the provisions outlined in the above regulations.
Therefore, under this policy the Council will:
a)
In the case of redundancy operate with its general policy which is outlined in the
Redundancy policy
b)
Discretionary compensation for redundancy:- calculate redundancy pay using the
statutory redundancy calculator, the actual weekly rate of pay multiplied by 1.5 weeks for
each year of completed local government service (up to a maximum of 45 weeks pay). This
compensation will be payable in the form of a lump sum with any statutory redundancy
payment offset against the discretionary award
c)
Where a business case has been agreed pay a one-off payment, based on the merits
of each individual case, up to a maximum permitted under the new regulations (i.e.104
week’s pay calculated on a sum up to the employees actual week’s pay). Only in exceptional
cases would the payment exceed 45 weeks pay (the maximum proposed for redundancy
cases)
d)
The Council will aim to achieve a payback period of up to 3 years to cover associated
costs.
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Appendix G
STANDING ORDERS IN RELATION TO DISMISSAL OF CERTAIN CHIEF OFFICERS
1.
In the following paragraphs—
(a) “local government elector” means a person registered as a local government elector in
the register of electors in the authority's area in accordance with the Representation of the
People Acts.
(b) “the Panel” means a committee appointed by the authority under section 102(4) of the
Local Government Act 1972 for the purposes of advising the authority on matters relating to
the dismissal of relevant officers of the authority.
(c) “relevant meeting” means a meeting of the authority to consider whether or not to
approve a proposal to dismiss a relevant officer.
2.
A chief finance officer, head of the authority's paid service or monitoring officer (each defined
as in regulation 2 of the Local Authorities (Standing Orders) (England) Regulations 2001)
may not be dismissed by the authority unless the procedure set out in the following
paragraphs is complied with.
3.
The authority must invite relevant independent persons (meaning persons appointed under
section 28(7) of the Localism Act 2011) to be considered for appointment to the Panel, with a
view to appointing at least two such persons to the Panel.
4.
In paragraph 3“relevant independent person” means any independent person who has been
appointed by the authority or, where there are fewer than two such persons, such
independent persons as have been appointed by another authority or authorities as the
authority considers appropriate.
5.
The authority must appoint to the Panel at least two such relevant independent persons who
have accepted an invitation issued in accordance with paragraph 3 in accordance with the
following priority order—
(a) a relevant independent person who has been appointed by the authority and who is a
local government elector;
(b) any other relevant independent person who has been appointed by the authority;
(c) a relevant independent person who has been appointed by another authority or
authorities.
6.
The authority must appoint any Panel at least 20 working days before the relevant meeting.
7.
Before the taking of a vote at the relevant meeting on whether or not to approve such a
dismissal, the authority must take into account, in particular—
(a) any advice, views or recommendations of the Panel;
(b) the conclusions of any investigation into the proposed dismissal; and
(c) any representations from the relevant officer.
8.
Any remuneration, allowances or fees paid by the authority to an independent person
appointed to the Panel must not exceed the level of remuneration, allowances or fees payable
to that independent person in respect of that person's role as independent person under the
Localism Act 2011.
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