TREASURY MANAGEMENT POLICY - CIPFA PRUDENTIAL CODE FOR CAPITAL FINANCE IN LOCAL AUTHORITIES CABINET : 9 FEBRUARY 2006 MEMBER REPORTING : COUNCILLOR EGLISE 1. PURPOSE OF REPORT This report sets and amends policy statements in adherence with the Prudential Code of Practice for Capital Finance in Local Authorities and guidance issued by the First Secretary of State on Local Government Investments. 2. MEMBER’S RECOMMENDATION: That Council be recommended to approve the limits and indicators contained in Appendix 1 to this report be approved for the year 2006/07 and the future years as required by the CIPFA Prudential Code for Capital Finance. 3. SUPPORTING INFORMATION 3.1 Wards Affected All Wards are affected. 3.2 Relevant Matters Upon Which Decision is Based 3.2.1 The Prudential Code for Capital Finance in Local Authorities was developed by the Chartered Institute of Public Finance and Accountancy (CIPFA) and seeks to play a key role in ensuring that the capital investment plans of local authorities are affordable, prudent, sustainable and have the flexibility to enable timely remedial action to be taken where problems arise. 3.2.2 In order to demonstrate that it has fulfilled these objectives each authority must develop, within a prescribed format, a set of prudential indicators to support and record local decision-making. The indicators are not intended to be used to compare one local authority with another but merely to support capital financing decisions in a manner that is publicly accountable. 3.2.3 In setting its prudential indicators an authority must have regard to the following matters: affordability i.e. implications for Council Tax prudence and sustainability i.e. implications for capital receipts or external borrowing value for money – appraisal of options stewardship of assets – Treasury Management policy service objectives – implications for the strategic plan practicality – achievability of capital programme 3.2.4 The Prudential Code arrangements have to be adopted by a local authority under Part 1 of the Local Government Act 2003 and in order to achieve compliance the Royal Borough must incorporate the code requirements within its capital budget forecasts for 2006/07, including a range of three-year prudential indicators as indicators of affordability. 11 3.2.5 looking ahead for the three-year period the indicators must include: estimates of the ratio of financing costs to net revenue stream. estimates of the incremental impact of capital investment decisions on Council Tax. estimates of capital expenditure estimates of capital financing requirement (how capital expenditure is to be financed) authorised limit for external debt operational boundary for external debt 3.2.6 A statement of indicators to be included in the capital budget of the Royal Borough in line with the Prudential Code guidance is included as Appendix 1 to this report. The Operational Limit for External Debt represents the total of the Council’s limit for both short-term and long-term borrowing requirements. For 2004/05 this included the management of the Berkshire Pension Fund cash that technically counts as short term borrowing by the Council. The decision taken by Cabinet to manage the cash balances of the Berkshire Pension Fund on a separate basis has resulted in much reduced Operational Limit for External Debt for the Council since there is no longer a requirement to treat such monies as a loan in the accounts of the Royal Borough. The Council is also required to publish the impact of its new capital investment decisions on Council Tax for the next three years. It is estimated that the draft capital programme to be presented to Council will add £XX per band D property in 2006/07, £XX in 2007/08 and £XX in 2008/09. These figures have been built into the Medium Term Financial Plan and are net of saving and income derived as a direct result of the capital investment undertaken by the Council. 3.2.7 In terms of prudence the code stipulates the following requirements and indicators with regard to treasury management: compliance with the CIPFA ‘Code of Practice for Treasury Management in the Public Services’. upper limits on fixed interest rate and variable interest rate exposures. upper and lower limits for the maturity structure of borrowings upper limit for principal sums invested for periods longer than 364 days. 3.2.8 The Office of the Deputy Prime Minister has issued further information on the subject by way their ‘Guidance on Local Government Investments. The main features of this guidance are: An ‘Annual Investment Strategy’ should be approved by the Council before the start of each financial year. Specified Investments mature within twelve months are issued by: EITHER: the UK government or a UK local authority OR: a body or investment scheme with a high credit rating as defined in the Annual Investment strategy. The Annual Investment Strategy should regulate the use (if any) to be made of nonspecified investments. The Annual Investment Strategy should set out procedures for determining the maximum periods for which funds may prudently be committed. 3.2.9 Attached as Appendix 2 to this report is a revised Treasury Management Policy Statement that meets the requirements of both the Prudential Code and the guidance set out in paragraph 3.2.8. This has been reviewed but there are no significant changes to the Policy Statement approved by Cabinet in February 2005. It is attached to this report for completeness. 12 3.3 Relevant National/Regional Guidance Chartered Institute of Public Finance and Accountancy (CIPFA) – ‘Treasury Management in Local Authorities Code of Practice’. Chartered Institute of Public Finance and Accountancy (CIPFA) – ‘The Prudential Code for Capital Finance in Local Authorities’ 2003 ODPM - Guidance on Local Government Investments 2004. 3.4 Relevant Council Policies/Strategies The Council’s Treasury Management Policy Statement. The Council’s Capital Budget Statement 3.5 Options Available Not applicable 4. CONSULTATION CARRIED OUT Not applicable. 5. IMPLICATIONS 5.1 Financial The financial implications are contained within the body of this report. 5.2 Legal, Human Rights Act, Planning & Sustainable Development None Background Papers: Chartered Institute of Public Finance and Accountancy (CIPFA); ‘Treasury Management in Local Authorities Code of Practice – 1992; Chartered Institute of Public Finance and Accountancy (CIPFA) ‘The Prudential Code for Capital Finance in Local Authorities – 2003; Office of the Deputy Prime Minister – Guidance on Local Government Investments 2004 13 APPENDIX 1 Royal Borough of Windsor and Maidenhead The actual figures for 2004/05, the revised estimates for 2005/06 and estimates for 3 further years are shown below. These prudential indicators are prepared in accordance with the CIPFA Prudential Code for Capital Financing in Local Authorities. The figures set out below include this Council's share of the old Berkshire County Council's debt that is now managed by the Royal Borough. 2004/05 2005/06 Revised Estimate Actual 2006/07 2007/08 2008/09 Estimate Estimate Estimate £000 25,811 £000 18,626 £000 19,083 £000 16,052 £000 9,200 of which covered by income derived directly from the Capital Programme 16.50% 5.90% 14.80% 11.90% 3.20% Financing costs not covered as a direct result of capital expenditure 2.0% 2.3% 2.4% 2.4% 2.0% 50,196 52,700 60,861 65,119 66,922 Capital Expenditure Ratio of financing costs to net revenue stream Capital Financing Requirement In respect of its external debt, the Council approves the following authorised limits for its external debt, gross of investments for the next three financial years. 2005/06 £000 120,000 Authorised limit for external debt 2006/07 £000 120,000 2007/08 £000 120,000 2008/09 £000 120,000 The Council also approves the following boundary for external debt for the same period. 2005/06 £000 100,000 Operational boundary for external debt 2006/07 £000 100,000 2007/08 £000 100,000 2008/09 £000 100,000 The proposed operational boundary for external debt is based on the same estimates as the authorised limit but reflects the Head of Finance's estimate of the most likely, prudent but not worse case scenario, without the additional headroom included within the authorised limit to allow for example for unusual cash movements, and equates to the maximum of external debt projected by this estimate. It includes both long term and short term (i.e. less than 364 day) borrowing. The estimate of the incremental impact of capital investment decisions proposed in this report, over and above capital investment decisions previously taken by the Council is: 2005/06 £6.66 for the Band D Council Tax Payer 14 2006/07 £11.44 2007/08 £15.33 Appendix 2 ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD TREASURY MANAGENT POLICY STATEMENT 1. INTRODUCTION. 1.1 The Chartered Institute of Public Finance and Accountancy (CIPFA) is one of six premier accountancy bodies in the UK and a member of the Consultative Committee of Accountancy Bodies. Its members specialise in public sector financial management and accountancy and are expected to adhere to the principles of Codes of Practice issued by the Institute. 1.2 The "CIPFA Code of Practice for Treasury Management in the Public Services (Revised 2001)" specifies that each local authority should, as a matter of best practice, have in place a Treasury Management Policy Statement. The thinking behind this is that Section 45 of the Local Government and Housing Act of 1989 required every Local Authority in England and Wales to determine several fundamental items of financial policy annually for at least the ensuing year. 1.3 Subsequently, Chapter 1 of the Local Government Act 2003 and regulations and guidance issued in accordance therewith has replaced the statutory framework. The main statutory provisions are included in the Annex to this document. 1.4 In parallel with the changed statutory framework, CIPFA Issued the Prudential Code for Capital Finance in Local Authorities. This requires certain prudential indicators to be set and reviewed periodically. 1.5 The Treasury Management Policy Statement set out in the following paragraphs specifies those financial objectives that the Royal Borough wishes to pursue. The Treasury Management Policy Statement is the key document for the Authority and the Head of Finance in the operation, review and performance assessment of treasury management. 1.6 The external auditor will review the Treasury Management Policy Statement as part of the annual audit. 2. TREASURY MANAGEMENT 2.1 The "CIPFA Code of Practice for Treasury Management in the Public Services" defines treasury management as: "The management of the organisation's cash flows, its banking, money market and capital market transactions; the effective control of the risks associated with those activities; and the pursuit of optimum performance consistent with those risks." 2.2 The objectives of the Code are to both support the quality and status of treasury management in local authorities and to provide guidance on the proper practices to be employed for treasury management. This Council has, therefore, adopted CIPFA's "Code of Practice for Treasury Management in the Public Services (Revised 2001)". 15 2.3 The Council has also adopted the "Non-Investment Products (NIPS) Code" with respect to its Treasury dealings. The NIPS Code was issued by the Bank of England with a view to formalising, in a clear and concise manner, the principles and standards that broking firms and their employees, and "core principals" in the wholesale money markets and their employees, should observe. The NIPS Code succeeded the "London Code of Conduct (July '95)" in December 2001. 2.4 For the purpose of meeting Section 151 of the Local Government Act 1972, the Head of Finance in conjunction with the lead member will have the responsibility for corporate decision making relating to treasury management matters. 3. TREASURY MANAGEMENT STRATEGY 3.1 The Council's investment strategy is aimed at ensuring that sufficient funds are available to cover precept payments, capital commitments and other defined cash requirements. Whilst the Council will endeavour to achieve competitive rates of interest on any surplus funds lent out, the security of such funds is paramount, and therefore no unnecessary risks will be taken with public money. Accordingly, this Council will forego those marginal gains that might be achieved through lending to institutions with lower credit ratings than those approved and authorised by the Council. This is in keeping with the comments of the Treasury and Civil Service Committee of the House of Commons which stated in its report on the BCCI closure: "In balancing risk against return, local authorities should be more concerned to avoid risks than to maximise returns" (Para. 58, Second Report, December 1991). 3.2 Should the Council decide to finance any part of its capital programme from long-term borrowing it will borrow funds for the purpose of funding precept payments, capital commitments and other cash requirements. 3.3 The Council's investment portfolio will be managed with a view to ensuring there are contingent sums available to cover all reasonable eventualities that may arise. To this effect £3 million of the in-house portfolio will be kept on call, 2 or 7 day notice at all times. 3.4 The remainder of the Council's investment portfolios will be invested for periods of up to 5 years. However, all investments greater than 364 days will be made, generally, through the use of approved investment instruments which can be converted to cash if required, although opportunities for secure fixed term investments will be considered if appropriate. 3.5 In all instances, the priority of investments will be to ensure that sufficient funds are available to cover precept payments, capital commitments and other cash requirements. With regard to investment policy, surplus funds may be invested with a view to ensuring the Council has a balanced portfolio. However, if interest rate yields in the medium to long-term look more favourable, and if the cash flow position allows, investments may be made to take advantage of these opportunities as they arise. 4. RAISING CAPITAL FINANCE. 4.1 The Council may in certain circumstances outlined in 3.2 above be prepared to borrow funds for the purpose of funding precept payments, capital commitments and other cash 16 requirements. The Council will not borrow funds for the purpose of lending said funds out at a higher rate. 4.2 In its capacity as a borrower, the Council may be in a position to deal with a wider range of counter-parties than when it is acting as a lender. This is due to the fact that there will be no risk of the counter-party defaulting on repayment of the loan, or of the Council losing money, as in this case the counter-party in question will be the Council. 4.3 In accordance with the CIPFA Prudential Code for Capital Finance in Local Authorities the following limits have been set for any future borrowing purposes: Under 12 months 12 months to 2 years 2 years to 5 years 5 years to 10 years 10 years and above Upper Limit the Larger of £13 mill. or 25% £10 mill. or 20% £10 mill. or 40% £10 mill. or 40% £75 mill. or 100% Lower Limit 0% 0% 0% 0% 40% 5. ORGANISATIONS FOR INVESTMENT 5.1 It is the Council's policy to use FITCH Ratings Agency credit ratings as a basis for assessing investment risk. 5.2 The list of organisations to which the Council currently lends is attached at Appendix A. It covers all banking institutions, building societies and local authorities to which the Council will lend. This list is constantly reviewed. 5.3 The main criteria relating to the sums that the Council may lend are: i) That no more than £3million can be lent to any one institution or "group", with the exception of, ii) Those F1+ FITCH IBCA short-term credit rated institutions - to which £4 million may be lent. iii) Those AAA FITCH IBCA long-term credit rated institutions - to which £5 million may be lent. 5.4 It is the Council’s policy not to replace those building societies, currently on the lending list, which may convert to banking status. 6. EXTERNAL FUND MANAGERS. 6.1 Treasury management will be the function of the Council's staff with the exception of those funds managed externally on the Council's behalf. In such instances, fund managers will operate within the Council’s written guidelines, but have effective dayto-day management of the funds placed with them. 6.2 If a decision is taken to employ one or more external fund managers to manage the Council's cash balances, the reasons for doing so must be transparent and the reasons for choosing them clearly justified. It would be expected that any such justification would draw one or more of the following reasons: 17 - 6.3 6.4 The expectation that the appointed manager will provide added value, especially over the medium to long term, compared to internal management arrangements; It adds to the Council’s own working knowledge of the money market and other investment instruments and, It is another source of advice /information on such matters as interest rate forecasts, economic data etc, to supplement internal resources and the advice available from specialist advisers. The effectiveness of the Council's external fund managers will be reviewed periodically and at such time, expressions of interest will be sought from those fund managers that are able to present an appropriate "track record", supported by satisfactory references. Key guidelines, which may be revised at any time are: i) Loans are restricted to the Council's own approved lending list and to other institutions agreed with, and approved by, the Council's external fund managers; ii) The maximum exposure to any one institution and its wholly owned subsidiaries is limited to £4million, or 10% of the value of the portfolio, whichever is the lesser amount; iii) The maximum maturity of any asset, excluding gilts, is 5 years; iv) The overall maximum exposure to gilts is 50% of the externally managed portfolio; v) Investments may be in UK Domestic Certificates of Deposit, Eligible Bills, UK Treasury Bills, UK Gilts, Local Authority Bonds and Loans or Deposits. 6.5 The number of external fund managers, and the size of the portfolios they manage, is decided by the Council's Cabinet. Delegated power for treasury related decisions rests with the Head of Finance, in conjunction with the Lead Member for Resources. 7. DELEGATED POWERS. The duties and accountabilities of treasury management are delegated as set out below. In the absence of the appropriate officer, the responsibility will pass upwards to the next senior officer in the treasury management hierarchy, except in the case of absence of the Chief Investment officer, where responsibility will first pass down to the Office Manager. 7.1 CABINET. - To recommend to Council the Treasury Management Policy Statement and any variations made; - To receive and comment on periodic reports on the treasury function; - To recommend to Council the treasury elements of the annual budget. 7.2 CHIEF EXECUTIVE. - To ensure a treasury management system is put in place and resourced; - To ensure that the Head of Finance reports regularly to lead member and other elected members on treasury policy, activity and performance. 7.3 MONITORING OFFICER. Under Section 5 of the Local Government and Housing Act of 1989, the Monitoring Officer has a duty to report on any contravention of any enactment, rule of law or code of practice underpinned by enactment. The Monitoring Officer for the Council is the Borough Secretary. 7.4 HEAD OF FINANCE. - To prepare the draft Treasury Management Policy Statement; - To determine funding policies for the ensuing period; 18 - To determine lending policies for the ensuing period; - To report to Members on treasury policy, activity and performance not less than twice a year, ensuring that one such report is the Annual Report on treasury management, and that this is presented by 30th September of the succeeding financial year; - To chair the monthly Officer Monitoring Group to ensure that approved policies areadhered to and to identify necessary changes if required; - To report to the Lead Member - Monitoring Officer - the Borough Secretary - any material changes for the approved Treasury Management Policy Statement and any major breaches, which may have occurred. 7.5 FUND MANAGER (designated "TREASURY MANAGER”). - To review performance of the treasury management function; - To ensure compliance with any statutory requirement; - To satisfy any requirements of the external auditor; - To appoint and monitor the performance of brokers; - To prepare and review the list of excluded borrowers. 7.6 CHIEF INVESTMENT OFFICER - To be responsible for the day to day dealing; - To ensure compliance with all approved policies, procedures and limits; - To ensure day to day activities accord with the Treasury Management Policy Statement; - To establish and implement the treasury system procedures; - To manage the overall treasury function; - To ensure that appropriate segregation of duties are in place; - To produce regular performance reports. 7.7 OFFICE MANAGER. - To prepare and monitor cash flow projections; - To ensure that funds are properly transmitted and received; - To report activities as specified to the Financial Services Officer; - To provide cover in the absence of the Chief Investment Manager (Designated). 7.8 SENIOR CLERICAL OFFICER. - To ensure all deals, repayments and variations are properly recorded and that supporting paperwork is readily available for inspection. 7.9 HEAD OF AUDIT AND REVIEW. - To review compliance with approved treasury policy and procedures; - To review segregation of duties and operational practice; - To assess value for money from treasury activities. 8. MONITORING ARRANGEMENTS. 8.1 There will be a monthly review of the loans portfolio with a view to optimising management performance. The Monitoring Group shall consist of the Lead Member for Resources, Head of Finance, the Fund Manager and the Chief Investment Officer. 8.2 The Monitoring Group shall be chaired by the Head of Finance. 9. REPORTING ARRANGEMENTS. 9.1 A Treasury Management Strategy Policy including the Annual Investment Strategy, limits and indicators related to borrowing will be considered by Cabinet in February of each year and recommended to the budget meeting of the Council. 19 9.2 An Annual Report on Treasury Management will be made each year to the October cycle of Cabinet meetings. This report will review the previous years treasury management activities and performance. 16th January 2006 20