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AGENDA ITEM: 4 COUNCIL 9TH MARCH 2005 PRUDENTIAL INDICATORS 2005/06 PAUL SLOCOMBE – DIRECTOR OF RESOURCES PURPOSE OF REPORT 1. To present to Members for approval the Prudential Indicators for 2005/2006 BACKGROUND & EXTERNAL CONSULTATION 2. The key objectives of the Prudential Code are to ensure, within a clear framework, that the Council's Capital Programme is affordable, prudent and sustainable and that treasury management decisions are taken in accordance with good professional practice and in a manner that supports affordability, prudence and sustainability. 3. To demonstrate that the Council has fulfilled these objectives, the Prudential Code sets out indicators that must be used, and the factors that must be taken into account. 4. As part of the fundamental change to capital financing which the Prudential Code represents, the Office of the Deputy Prime Minister has introduced guidance regarding the way in which surplus funds are invested. This guidance requires that an Annual Investment Strategy is approved by Council. MATTERS REQUIRED TO BE TAKEN INTO ACCOUNT 5 In setting or revising the prudential indicators, the Council must have regard to the following matters: affordability, e.g. implications for Council Tax and Council housing rents prudence and sustainability, e.g. implications for external borrowing value for money, e.g. option appraisal stewardship of assets, e.g. asset management planning service objectives, e.g. strategic planning for the authority practicality, e.g. achievability of the forward plan. 6 When making a decision to invest in capital assets, the Council must now do more than simply determine whether it can afford the immediate cost. In order to ensure long term affordability, the decisions have also to be prudent and, in the long term, sustainable. 7 The Prudential Code also requires the Council to have regard to wider management processes (option appraisal, asset management planning, strategic planning and achievability) in accordance with good professional practice. AFFORDABILITY 8 The fundamental objective in considering the affordability of the Council’s capital plans is to ensure that the total capital investment of the authority remains within sustainable limits and, in particular, to consider its impact on the local authority's "bottom line" Council Tax. Affordability is ultimately determined by a judgement about acceptable Council Tax levels and, in the case of the Housing Revenue Account, acceptable rent levels. 9 In considering the affordability of its capital plans, the Council must consider all of the resources currently available to it and estimated for the future, together with the totality of its capital plans, revenue income and revenue expenditure forecasts for the forthcoming year and the following two years. The authority is also required to consider known significant variations beyond this timeframe. This requires the maintenance of three year revenue forecasts and three year forward estimates of Council Tax as well as three year capital expenditure plans. These are rolling scenarios, not fixed for three years. 10. The following prudential indicators are the key indicators of affordability: Looking ahead for a three year period: estimates of the ratio of financing costs to net revenue stream estimates of the Council Tax that would result from the totality of the authority’s plans. After the year end: actual ratio of financing costs to net revenue stream. 11 The Council has to carry out separate calculations for the HRA and non HRA elements and for the estimated impact on rents as well as Council Tax. 12 Other prudential indicators that relate to affordability are: Looking ahead for a three year period: estimates of capital expenditure estimates of capital financing requirement (underlying need to borrow for a capital purpose) operational boundary for external debt (see paragraph 14 below). authorised limit for external debt (see paragraph 15 below) After the year end: actual capital expenditure actual capital financing requirement actual external debt. 13 Both the authorised limit and operational boundary for external debt need to be consistent with the Council's plans for capital expenditure and financing and with its treasury management policy and practices. 14 The operational boundary will be based on the Director of Resources' estimate of the most likely, (i.e. prudent, but not worst case) scenario and should equate to the maximum level of external debt projected by this estimate. The operational boundary is a key management tool for in-year monitoring. 15. The authorised limit will be set a level which provides headroom over and above the operational boundary, sufficient for example to cope with unusual cash movements. PRUDENCE 16. In order to ensure that over the medium term net borrowing will only be for a capital purpose, the Council must ensure that net external borrowing does not, except in the short term, exceed the total of the capital financing requirement in the preceding year plus the estimates of any additional capital financing requirement for the current and next two financial years. This is a key indicator of prudence. 17. It is also prudent that treasury management is carried out in accordance with good professional practice. The Prudential Code includes the following as required indicators in respect of 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. OVERVIEW & COMMENT 18 A soundly formulated capital programme must be driven by the desire to provide high quality, value for money public services. The Prudential Code requires that in making its capital investment decisions the Council must have explicit regard to option appraisal, asset management planning, strategic planning for the authority and achievability of the forward plan. OPTION APPRAISAL/RISK ASSESSMENT 19 When considering affordability, the Council must pay due regard to risk and uncertainty. Risk analysis and risk management strategies should be taken into account. FINANCIAL, LEGAL AND WARD IMPLICATIONS 20. There are none arising directly out of this report. RECOMMENDATIONS 21. Members are asked to a) Approve the range of Prudential Indicators contained within the Statement (Appendix A) b) Delegate responsibility to the Director of Resources for monitoring and reporting on the Council’s position on the range of Prudential Indicators contained within the Statement. c) Approve the Annual Investment Strategy set out in Appendix B REASONS 22 The Local Government Act 2003 created a new legal framework for capital investment from April 2004 and Local; Authorities are now required by law to follow the CIPFA Prudential Code. BACKGROUND PAPERS The following papers were used in the preparation of the report: - CIPFA Prudential Code for Capital Finance in Local Authorities CIPFA Prudential Code Interim Guidance Notes Middlesbrough Council Treasury Management Policy Statement AUTHOR: Paul Slocombe, Director Of Resources Tel No: (01642) 729032 Address: Strategic Resources, PO Box 99, Civic Centre, Middlesbrough, TS1 2QQ Website: www.middlesbrough.gov.uk APPENDIX A PRUDENTIAL INDICATOR STATEMENT 2005/06 AFFORDABILITY 1. The actual capital expenditure that was incurred in 2003/04 and the estimates of capital expenditure to be incurred for the current and future years that are recommended for approval are: Capital Expenditure 2003/04 £000 Actual 2004/05 2005/06 2006/07 2007/08 £000 £000 £000 £000 Estimate Estimate Estimate Estimate Education Services Social Services Regeneration Services Corporate Services Environment Services 11,044 1,211 5,480 2,452 10,372 16,958 2,073 14,826 12,854 13,438 5,188 1,048 18,004 1,083 9,905 2,050 0 3,349 882 4,831 2,064 0 3,060 800 4,267 Total non-HRA HRA 30,559 9,110 ______ 60,149 7,164 ______ 35,228 0 ______ 11,112 0 ______ 10,191 0 ______ Total 39,669 ______ 67,313 ______ 35,228 ______ 11,112 ______ 10,191 ______ 2. Estimates of the ratio of financing costs to net revenue stream for the current and future years, and the actual figures for 2003/04 are: Ratio of financing costs to net revenue stream 2003/04 Actual Non-HRA HRA 5.60% 42.02% 2004/05 Estimate 2005/06 Estimate 2006/07 Estimate 2007/08 Estimate 5.93% 38.83% 5.05% 5.02% 5.05% 3. The estimates of financing costs include current commitments and the proposals consistent with the capital strategy. 4. Estimates of the end of year capital financing requirement for the authority for the current and future years and the actual requirement at 31 March 2005 are: Capital financing requirement 31/03/04 £000 Actual Non-HRA HRA 117,712 84,225 31/03/05 £000 Estimate 31/03/06 £000 Estimate 31/03/07 £000 Estimate 31/03/08 £000 Estimate 88,184 0 96,335 0 100,447 0 104,370 0 5. The capital financing requirement measures the authority’s underlying need to borrow for a capital purpose. In accordance with best professional practice, Middlesbrough Council does not associate borrowing with particular items or types of expenditure. The authority has an integrated treasury management strategy and has adopted the CIPFA Code of Practice for Treasury Management in the Public Services. 6. Middlesbrough Council has, at any point in time, a number of cash flows both positive and negative, and manages its treasury position in terms of its borrowings and investments in accordance with its approved treasury management strategy and practices. In day to day cash management, no distinction can be made between revenue cash and capital cash. External borrowing arises as a consequence of all the financial transactions of the authority and not simply those arising from capital spending. In contrast, the capital financing requirement reflects the authority’s underlying need to borrow for a capital purpose. 7. CIPFA’s Prudential Code for Capital Finance in Local Authorities includes the following as a key indicator of prudence: “In order to ensure that over the medium term net borrowing will only be for a capital purpose, the local authority should ensure that net external borrowing does not, except in the short term, exceed the total of capital financing requirement in the preceding year plus the estimates of any additional capital financing requirement for the current and next two financial years.” 8. The authority had no difficulty meeting this requirement in 2003/04, nor are any difficulties envisaged for the current or future years. This view takes into account current commitments, existing plans, and the proposals in this budget report. Net Borrowing Net Borrowing 31/03/04 £000 Actual 31/03/05 £000 Estimate 31/03/06 £000 Estimate 31/03/07 £000 Estimate 31/03/08 £000 Estimate 182,293 69,000 77,000 81,000 85,000 9. In respect of its external debt, it is recommended that the Council approves the following authorised limits for its total external debt net of investments for the next three financial years, and agrees the continuation of the previously agreed limit for the current year since no change to this is necessary. These limits separately identify borrowing from other long term liabilities such as finance leases. The Council is asked to approve these limits and to delegate authority to the Director of Resources, within the total limit for any individual year, to effect movement between the separately agreed limits for borrowing and other long term liabilities, in accordance with option appraisal and best value for money for the authority. Any such changes made will be reported to the Council. Authorised limit for external debt 2004/05 £000 2005/06 £000 2006/07 £000 2007/08 £000 Net Borrowing Other long term liabilities 236,838 5,000 ______ 126,100 2,900 ______ 133,600 5,400 ______ 143,500 7,900 ______ Total 241,838 ______ 129,000 ______ 139,000 ______ 151,400 ______ The Director of Resources, and those officers with delegated responsibility under the agreed Treasury Management Practices, can arrange new long-term loans up to the following limits: Required Financing 2004/05 £000 Estimate 2005/06 £000 Estimate 2006/07 £000 Estimate 2007/08 £000 Estimate Long-term Borrowing Restructuring 9,000 60,000 ______ 10,000 60,000 ______ 12,500 30,000 ______ 12,500 30,000 ______ Total 69,000 ______ 70,000 ______ 42,500 ______ 42,500 ______ 10. These limits are consistent with the authority’s current commitments, existing plans and the proposals in the budget report for capital expenditure and financing, and with its approved treasury management policy statement and practices. The Director of Resources confirms that they are based on the estimate of most likely, prudent but not worst case scenario, with in addition sufficient headroom over and above this to allow for operational management, for example unusual cash movements. Risk analysis and risk management strategies have been taken into account; as have plans for capital expenditure, estimates of the capital financing requirement and estimates of cashflow requirements for all purposes. 11. The Council is also asked to approve the following operational boundary for external debt for the same time period. The proposed operational boundary for external debt is based on the same estimates as the authorised limit but reflects directly the Director of Resources' estimate of the most likely, prudent but not worst 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. 12. The operational boundary represents a key management tool for in year monitoring by the Director of Resources. Within the operational boundary, figures for borrowing and other long term liabilities are separately identified. The Council is also asked to delegate authority to the Chief Finance Officer, within the total operational boundary for any individual year, to effect movement between the separately agreed figures for borrowing and other long term liabilities, in a similar fashion to the authorised limit. Any such changes will be reported to the Council at its next meeting following the change. Operational boundary for external debt 2004/05 £000 2005/06 £000 2006/07 £000 2007/08 £000 Net Borrowing Other long term liabilities 216,966 5,000 ______ 102,000 2,900 ______ 108,700 5,400 ______ 118,000 7,900 ______ Total 221,966 ______ 104,900 ______ 114,100 ______ 125,900 ______ 13. The Council’s actual external debt at 31 March 2004 was £189.2 million, comprising long term borrowing. It should be noted that actual external debt is not directly comparable to the authorised limit and operational boundary, since the actual external debt reflects the position at one point in time. 14. In taking its decisions on this budget report, the Council is asked to note that the authorised limit determined for 2005/06 (see paragraph 6 above) will be the statutory limit determined under [clause] 3(1) of the Local Government [Bill]. 15. The 2005/06 estimate in terms of the incremental effect on Band D council tax of capital expenditure decisions in 2005/06 is £2.57. 16. Forward estimates for 2006/07 and 2007/08 of the incremental effects on Band D council tax of estimated capital expenditure in 2005/06 and 2006/07 are £4.32 and £0.00 respectively. These forward estimates are not fixed and do not commit the Council. They are based on the Council’s existing commitments, current plans and the totality of the capital and revenue plans recommended in the budget report. There are no known significant variations beyond this timeframe that would result from past events and decisions or the proposals in this budget report. PRUDENCE 17. Middlesbrough Council has adopted the CIPFA Code of Practice for Treasury Management in the Public Services. 18. It is recommended that the Council sets an upper limit on its fixed interest rate exposures for 2005/06, 2006/07 and 2007/08 of 100% of its gross outstanding principal sums. 19. It is further recommended that the Council sets an upper limit on its variable interest rate exposures for 2005/06, 2006/07 and 2007/08 of 25% of its net outstanding principal sums. 20. This means that the Director of Resources will manage fixed interest rate exposures within the range 75% to 100% and variable interest rate exposures within the range 0% to 25%. This is a continuation of current practice. 21. It is recommended that the Council sets upper and lower limits for the maturity structure of its borrowings as follows. Amount of projected borrowing that is fixed rate maturing in each period as a percentage of total projected borrowing that is fixed rate at the start of the period: under 12 months 12 months and within 24 months 24 months and within 5 years 5 years and within 10 years 10 years and above Upper limit Lower limit 15% 20% 50% 75% 95% 0% 0% 0% 5% 25% 22. There are no proposals for the Council to invest sums for periods longer than 2 years, such period to begin from the date a deal is arranged. APPENDIX B ANNUAL INVESTMENT STRATEGY 2005/06 The way in which local authorities invest surplus funds is regulated by the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990, made under Part 4 of the Local Government and Housing Act 1989. The whole of Part 4 was repealed on 1 April 2004 and replaced by Part 1 of the Local Government Act 2003, which also introduced the Prudential Code. The 2003 Act requires that a local authority must have regard to such guidance as the Secretary of State issues relating to prudent investment practice. In accordance with guidance from the Office of the Deputy Prime Minister (ODPM) a local authority must prepare and publish an Annual Investment Strategy which must be approved by full Council before the start of the financial year to which it relates. That is the purpose of this document. The ODPM guidance offers authorities greater freedom in the way in which it invests monies, providing that prior approval is received from Members by approving the Annual Investment Strategy. The general policy objective contained in the guidance is that local authorities should invest prudently the short-term cash surpluses held on behalf of their communities. The guidance emphasises that priority should be given to security and liquidity rather than yield. Within that framework the authority must determine a category of borrowers classified as Specified Investments, with whom it can invest surplus cash with minimal procedural formalities and further identify a category of borrowers classified as NonSpecified Investments, with whom it can also invest but subject to prescribed limits. Although the guidance definition of Non-Specified Investments is "one not meeting the definition of a Specified Investment", the authority is required to identify which categories of investments are identified as prudent to use and the limits on any such investment either individually or in total. It is because some organisations do not subscribe to credit rating agencies that they have to be included as Non-Specified Investments, rather than any concern over their creditworthiness. The guidance defines investment in such a way as to exclude pension fund and trust fund investments. In practice Middlesbrough Council, in its role as Administering Authority for the Teesside Pension Fund, follows the same procedures as approved by Members as part of compliance with the CIPFA Code of Practice, albeit with different limits. The proposed Annual Investment Strategy for 2005/06 is: LIMITS & DEFINITION OF SPECIFIED INVESTMENTS The investment is made with the UK Government or a local authority (as defined in the Local Government Act 2003) The investment is made with a Money Market Fund which, at the time the investment is made, has a rating of AAA. The investment is made with one of the bodies listed in section 4 of Schedule 1E of the current version of the Treasury Management Practices document. which, at the time the investment is made, has a short-term "investment grade" rating with either Standard & Poors, Moody's Investors Search Ltd or Fitch Ratings Ltd. Where ratings awarded differ between the rating agencies any one award below investment grade will prevent the investment being categorised as a Specified Investment. The rating of all listed bodies must be monitored on a monthly basis. Where officers become aware of a downward revision of rating, that moves the body out of the "investment grade" category, between such monthly checks, the body should be removed from the list of Specified Investments and, where possible, the investment should be recalled. All Specified Investments must be denominated in sterling and must be one where the authority may require it to be repaid or redeemed within 12 months of the date on which the investment is made. The investment must not constitute the acquisition of share capital or loan capital in any body corporate. The minimum % of the total of all investments which must be Specified Investments, at the time the investment is made, is 70% The maximum investment with any one counterparty is £8 million The maximum investment in any one group (ie a bank and its wholly-owned subsidiaries) is 20% of the total invested (which limit shall include investments made on behalf of the Teesside Pension Fund) LIMITS & DEFINITION OF NON-SPECIFIED INVESTMENTS The investment is made with one of the bodies listed in section 4 of Schedule 1E of the current version of the Treasury Management Practices document. which is not a Specified Investment. The investment is for a period of one year or longer. All Non-Specified Investments must be denominated in sterling. The investment must not constitute the acquisition of share capital or loan capital in any body corporate. The maximum investment with any one counterparty is £8 million The maximum investment in any one group (ie a bank and its wholly-owned subsidiaries) is 20% of the total invested (which limit shall include investments made on behalf of the Teesside Pension Fund) The maximum % of the total of all investments for a period of one year or longer, at the time the investment is made, is 10%. GENERAL The maximum period for which an investment can be made is two years from the time the deal is agreed.