Agenda and minutes

The Convener congratulated:-

(a)     Humza Yousaf on his appointment as First Minister for Scotland;

(b)     Prince Edward, Earl of Wessex, being conferred the title of Duke of Edinburgh by King Charles;

 (c)    the Councils Road Safety Team, comprising Philippa Gilhooley, Gary Haldane, Sam Elliot, Ashley Semple, Karen McGrath and Ronan McKean, on their recent success at the Chartered Institute of Highways and Transportation Awards.  There were over 200 entries and the Team was shortlisted in 2 categories relating to the introduction of 20 mph zones across the Council area.  They were commended in the “CIHT Research Initiative of the Year” Award and won the “CIHT Road Safety Award. 2022”.  The Team were present at the meeting and the Convener re-presented their trophy;

(d)     those who had achieved success at the National Cross Country Running Championships in Falkirk on 25 February, namely Scout Adkin of Moorfoot Runners who won the women’s race, Sara Green from Gala Harriers who finished fourth and Zoe Pflug also from Gala Harriers who had finished fifth;

(e)     Alastair Walker from Teviotdale Harriers who won the men’s 65 age race at the British Cross Country Championships;

(f)      Borders athlete Guy Learmonth who had finished 5^th in the 800 metres at the European Indoor Athletic Championships;

(g)     Stacey Downie from West Linton who had won silver in the Women’s 35 400 metres at the World Masters Indoor Championships;

(h)     Gala Fairydean Rovers on winning the East of Scotland Cup on 25 March by defeating Linlithgow Rose;

(i)      Hawick RFC on winning the Premier League title after being unbeaten for the whole season; and

(j)      Stuart Hogg on winning his 100^th cap for Scotland.  He had announced his plans to retire after the World Cup later this year and the Convener commented on him being a great role model and ambassador for the Borders and wished him well for the future.

DECISION

AGREED that congratulations be passed to all those concerned.

Consider Minutes of Scottish Borders Council held on 16 and 23 February 2023 for approval and signing by the Convener.  (Copies attached.)

The Minutes of the Meetings held on 16 and 23 February 2023 were considered. 

DECISION

AGREED that the Minutes be approved and signed by the Convener.

Consider Minutes of the following Committees:-

(a)     Chambers Institution Trust                                 25 January 2023

(b)     Local Review Body                                            23 January 2023

(c)     Civic Government Licensing                              27 January 2023

(d)     Jedburgh Common Good Fund                         30 January 2023

(e)     Kelso Common Good Fund                               31 January 2023

(f)      Planning & Building Standards                          6 February 2023

(g)     Tweeddale Area Partnership                             7 February 2023

(h)     Audit                                                                   13 February 2023

(i)      Executive                                                           14 February 2023

(j)      Teviot & Liddesdale Area Partnership               21 February 2023

(k)     Chambers Institution Trust                                 22 February 2023

(l)      Civic Government Licensing                              24 February 2023

(m)    Galashiels Common Good Fund                       2 March 2023

(n)     Planning & Building Standards                          6 March 2023

(o)     Executive                                                           14 March 2023

(Please see separate Supplement containing the public Committee Minutes.)

3.1       The Minutes of the following Committees had been circulated:-

          Chambers Institution Trust                                 25 January 2023

Local Review Body                                            23 January 2023

          Civic Government Licensing                              27 January 2023

          Jedburgh Common Good Fund                         30 January 2023

          Kelso Common Good Fund                               31 January 2023

          Planning & Building Standards                          6 February 2023

          Tweeddale Area Partnership                             7 February 2023

          Audit                                                                   13 February 2023

          Executive                                                           14 February 2023

          Teviot & Liddesdale Area Partnership               21 February 2023

          Chambers Institution Trust                                 22 February 2023

          Civic Government Licensing                              24 February 2023

          Galashiels Common Good Fund                       2 March 2023

          Planning & Building Standards                          6 March 2023

          Executive                                                           14 March 2023

3.2     With reference to paragraph 8.4 of the Minute of the Teviot and Liddesdale Area Partnership of 21 February 2023, Councillor Smart advised that she was the seconder of the Motion and not Councillor Scott.

          DECISION

APPROVED the Minutes listed above subject to the amendment of the Teviot and Liddesdale Area Partnership Minute to change Councillor Scott to Councillor Smart in paragraph 8.4 

Consider report by Director Social Work and Practice.  (Copy attached.)

4.1     There had been circulated copies of a report by the Director of Social Work and Practice containing the Scottish Borders Champions Board Annual Report 2022/23.  The report detailed the various statutory obligations placed on the Council in their role as Corporate Parent.  The development of Champions Boards in Scotland was an approach to participation with care experienced children and young people which had been evolving since 2016.  The aim of the approach was to enable children and young people with care experience to have both an individual and collective voice and influence in relation to the services they received.  In 2020 the Corporate Parenting Operations Group tasked two Social Work practitioners with researching the Champions Board Approach to ascertain whether it could be adapted and developed for participation work with care experienced children and young people in Scottish Borders.  The practitioners reviewed national Champions Board evaluation reports, and spoke to the national Champions Board network co-ordinator and colleagues in other authorities who were embedding the approach. 

4.2     A paper was presented to the Corporate Parenting Operations Group in November 2020, recommending the implementation of the approach in Scottish Borders.   The group supported the recommendations and in Spring/Summer 2021 recruitment was undertaken for a newly created ‘Modern Apprentice Lead Young Person Champions Board’ post. Funding was also sought via the Corra Foundation to create a Promise Implementation Officer post.     Cory Paterson and Hannah Hawthorn were appointed respectively to the roles of MA Lead Young Person and The Promise Implementation Officer at Scottish Borders Council, and started working together in September 2021 to develop the approach in Scottish Borders.  They were supported by a small team of dedicated colleagues from the Family Placement Team, Wheatlands Children’s House, and the Community Learning and Development team.  They also reported directly to the Corporate Parenting Operations Group about developments with the work.  The Convener welcomed Cory Paterson to the meeting and he gave a presentation explaining the benefits of the Champions Board which gave care experienced young people a platform to express their views.  He also advised that 2 hubs set up in the High Schools in Duns and Jedburgh had helped membership as it was difficult for people to travel to meetings in Galashiels.  A further hub was to be set up in Hawick High School.  Members thanked Cory for his presentation and were pleased to note that he was about to take up the post of Promise Project Worker for the Council. 

DECISION

          AGREED to endorse the publication of the Scottish Borders Champions Board Annual report 2022/23.

Consider report by Director Social Work and Practice.  (Copy attached.)

There had been circulated copies of a report by the Director Social Work and Practice in his role as Chief Social Work and Public Protection Officer summarising the activity of the Public Protection Committee (PPC) and associated Delivery Groups for the year 01 August 2021 – 31 July 2022.  The Annual Report covered the main activities of the multi-agency Public Protection Committee, highlighting the continuing work being undertaken in the Scottish Borders to meet the Council’s statutory duties to protect children and adults at risk of harm.  The Report also included information relating to Child Protection, Adult Support and Protection, Violence Against Women and Girls, Justice Services and PREVENT together with statistical information relating to the PPC Performance Indicators and training and development activities.  The continuing challenges related to the COVID-19 pandemic and associated restrictions, and the considerable work undertaken by staff and services to meet the needs of the most vulnerable members of our communities were also highlighted.  The Director advised that the Independent Chair would normally present the report but he was unable to attend.  Members welcomed the report and noted the increasing challenges being faced.

DECISION

NOTEDthe content of the Public Protection Committee Annual Report 2021-2022.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

         With reference to paragraph 7 of the Minute of 25 November 2021, there had been circulated copies of a report by the Director Infrastructure and Environment providing an update on the Tweedbank project and to reset the project, clearly setting out the desired outcomes of the project and the initial steps that needed to be taken to achieve this.  The report set out the desired outcomes of the project, mapped to the Council Plan Priorities.  It drew attention to key regional and national strategies, including the two growth deals that underpinned the key outcomes and deliverables that the Tweedbank project sought to achieve and would lever support for the project at a regional and national level.  Details were provided regarding the key deliverables that the project sought to deliver over the next 15 years providing, further explanation summarising work recently undertaken, as well as providing analysis on the impact of the current economic climate and market conditions.  The delivery plan was mapped out, setting out a series of proposed actions to build momentum and deliver a project that contributed to the ambitions for the Scottish Borders to be a green, fair and flourishing region.  This would involve through contributing to Net Zero ambitions, community wealth building, growing the economy, delivering thriving places and tackling poverty and inequality as well as helping to reduce risk and build market confidence.  Members welcomed the report and highlighted that this was an exciting once in a life time opportunity.  The importance of identifying a development partner and procuring a technical team to produce designs was highlighted.  Mr Curry answered Members’ questions and the concerns with regard to the future of Lowood House.  It was noted that there would be further reports as the project developed.  Councillor Mountford moved as an additional recommendation that officers bring a report to the Executive Committee outlining all of the options for the future of Lowood House and this was unanimously agreed.

         DECISION

         AGREED:-

         (a)     to approve Actions 1 – 6 as detailed in the report;

                  (b)     that with reference to the Care Village and associated facilities, and if deemed appropriate following a fully costed appraisal as detailed in the report, to assign delegated powers to the Director Infrastructure & Environment, Acting Chief Financial Officer and the Chief Legal Officer to negotiate terms and value of any land transactions; and

(c)     that a report on all of the options for the future of Lowood House be presented to the Executive Committee.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

         There had been circulated copies of a report by the Director of Infrastructure and Environment proposing a review of the Headstone Safety programme and setting out the context, challenges and opportunities identified within the programme.  The report explained that Scottish Borders Council managed 155 cemeteries and burial grounds across the region, of which 146 fell under a programme of routine Headstone Safety Inspection.  While Government guidance stated lair holders were responsible for maintenance and repair of their headstones and memorials, Scottish Borders Council as a Burial Authority had a legal obligation to ensure public safety and, as far as was reasonably practicable, that cemeteries were maintained in a safe condition.  The report set out a range of proposals following a review of operations including trialling works to re-erect any headstones laid flat.  The report detailed the progress made under the 2018-2023 Inspection Regime with 38,742 checked so far out of a total of 46,435.  During this time 1856 headstones had been laid flat due to safety concerns.  However, this process was an emotive one and representations had been made via Elected Members to review this practice.  The proposed approach was to develop a new Headstone Safety Policy, devise a refreshed Communications Strategy and explore re-erection of Headstones that had been made safe by laying flat through a pilot study.  It was further suggested that a Headstone Reinstatement Pilot Study be undertaken at Lennel Cemetery to re-erect 81 headstones that had been laid flat.   Members were supportive of the proposals and highlighted the importance of communication.  Mr Curry reminded Members that they were welcome to observe the staff carrying out safety checks.  Councillor Anderson moved that an additional recommendation be added “to ensure all work in cemeteries should be carried out with utmost respect while conducting works required, ensuring a culture of respectfulness was nurtured throughout the process” and this was unanimously agreed.

DECISION

AGREED to:-

(a)     note the findings of the initial review into the headstone safety programme;

(b)     approve the resumption of operations under the current Headstone Safety Inspection Programme;

(c)     approve a trial scheme at Lennel cemetery to undertake re-erection of headstones that had been laid flat;

(d)     to receive a further report detailing the findings of this trial; and

(e)     to ensure all work in cemeteries should be carried out with utmost respect while conducting works required, ensuring a culture of respectfulness was nurtured throughout the process.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

         There had been circulated copies of a report by the Director of Infrastructure and Environment proposing a strategy for the future provision of Public Toilets in the Scottish Borders.  Scottish Borders Council currently had 27 public toilets open for use and 14 which remained closed and would not reopen.  Five key principles had been developed to inform how the Council proposed to support the future delivery of the remaining 27 public toilet facilities and these were:-

§    The condition of public toilets influenced visitor and local perception of a community and there was a need to enhance the condition of the 27 facility operational toilet estate.  To achieve this a programme of surveys and capital investment was needed.

§    The Council would maintain the current operational estate including the provision of one Council provided facility per each major existing settlement. 

§    A phased approach to upgrading payment operated locking facilities would be implemented along with a move to accepting contactless payment facilities.  

§    Provisions would continue to be maintained for those who needed access for medical reasons and/ or emergency access via the RADAR mechanism.

§    An appropriate cleaning and inspection regime had to be maintained on a daily basis with cleaning of public toilets undertaken once per day.

         The Appendix to the report listed the proposed toilets.  Councillor Mountford, as Executive Member for the service, highlighted the opportunities for communities to take over facilities and provided further clarification in respect of future provision which included the likely continuation of the facility at Kingsmeadows in Peebles by the Common Good Fund as it was located on land owned by them.  Support for the toilets at St. Marys Loch was being withdrawn by the Council but the landowner was to keep them open.  Members discussed the proposals in detail and highlighted the importance of good signage for visitors to all public facilities.  The situation at Burnmouth was raised and it was agreed that an additional recommendation be added to reconsider the closure in consultation with the local Community and Ward Councillors.  Councillor Sinclair suggested that further consultation and information was required before a final decision could be taken.

         Vote

         Councillor Mountford, seconded by Councillor Small, moved approval of the recommendations contained in the report with the addition regarding Burnmouth.

         Councillor Sinclair, seconded by Councillor Orr, moved as an amendment that the recommendations in the report be replaced as follows:-

         (a)      Public consultation should be undertaken before any permanent change in service provision was agreed;

         (b)      To ask officers to undertake consultation with communities on the future of toilet provision across the Scottish Borders; and

(c)     To ask officers to bring forward a report outlining the rationale for continuation or closure of each public toilet facility – to include public feedback, condition survey and any enhancement costs, projected usage, and alternative local provision.

         On a show of hands Members voted as follows:-

         Motion                -           23 votes

         Amendment        -           9 votes

         The Motion was accordingly carried.    

            DECISION

            DECIDED:-

          (a)    to approve the  ...  view the full minutes text for item 8.

Consider report by Director Resilient Communities.  (Copy attached.)

         There had been circulated copies of a report by the Director Resilient Communities providing an update on the UK Shared Prosperity Fund (UKSPF) for the Scottish Borders and seeking agreement on the proposals for delivery of the 2022/23 funding allocation.  The report explained that the UKSPF was part of the UK Government’s Levelling Up policy agenda.  A Prospectus for UKSPF was published in April 2022 setting out three investment priorities - covering Communities and Place, Business Support, and People & Skills, and a separate Multiply programme for improving numeracy for employability purposes.  Each local authority in Scotland was provided with an allocation over the financial years 2022/23 – 2024/25 for their administrative areas to be used to meet UKSPF investment priorities and Multiply objectives.  The Scottish Borders funding allocation was £4,442,628 for UKSPF and £927,344 for Multiply, and this funding was split approximately 85% revenue and 15% capital.  To access the funding allocation, local authorities were required to submit an investment plan setting out priorities and measurable outcomes to UK Government.  The UKSPF plan for Scottish Borders Council was submitted in August 2022, and it was confirmed by UK Government officials on 5th December 2022 that the plan had been approved.  Due to the likelihood of underspends at year-end in the 2022/23 allocation, the UK Government had allowed flexibility to move unspent funding into the 2023/24 financial year, based on credible investment plans being submitted through routine end of year reporting.  To avoid any underspends being returned to the Department for Levelling Up, Housing and Communities (DLHUC), it was proposed that delegation was to be given to the Director of Resilient Communities and the Acting Chief Financial Officer in consultation with an enhanced Economic Development Elected Members Reference Group to make investment decisions using the 2022/23 allocation.  This Group would take advice from two advisory groups, namely the Place Partnership and the Local Employability Partnership, to allocate the funding to appropriate projects and programmes in line with the approved investment plan.   Members agreed to support this proposal.

         DECISION

         AGREED:-

          (a)     to note that the UK Government approved the Council’s UK Shared Prosperity Fund investment plan as detailed in the report;

          (b)     to delegate authority to the Director of Resilient Communities and the Acting Chief Financial Officer in consultation with the Economic Development Elected Members Reference Group, the Convener of the Council and the Leader of the Independent Group, to allocate Scottish Borders UK Government Shared Prosperity Funding in line with the approved investment strategy, taking account of the recommendations of two advisory groups as detailed in the report; and

          (c)     that regular progress reports would be presented to the Executive Committee.

Consider report by Chief Executive.  (Copy to follow.)

         With reference to paragraph 10 of the Minute of 15 December 2023, there had been circulated copies of a report by the Chief Executive providing the fourth formal update from the Inquiry Review Group which was established to progress the work identified following the independent investigation into the Council’s handling of concerns raised about a former Scottish Borders Council employee.  The report brought forward 6 remaining reporting templates relating to a number of actions and sought approval to consider these actions as complete.  The report also sought approval that the action plan be considered complete, with any ongoing actions being required to progress as continuous improvement with delegated authority for the monitoring and approval of such actions being granted to the Chief Executive.  A communications plan which outlined how the conclusion of actions and next steps would be communicated to stakeholders was contained in Appendix 2 to the report.  Given the progress that had been made it was proposed that this would be the final formal update provided to Council and that consequently the action group which had overseen delivery of the action plan to date would cease to meet.  The Chief Executive presented the report and thanked the relevant officers and Councillors L. Douglas and C. Hamilton for their work on ensuring that the Council’s approach to Child Protection was as effective as it could be.  Councillor Douglas and Councillor Hamilton also paid tribute to the officers involved.

         DECISION

         AGREED:-

(a)        to approve the action templates contained in Appendix 1 to the report as being complete;

(b)       to approve the proposed plan in Appendix 2 to the report for communication with stakeholders (Action 3c);

(c)        that the Inquiry Action Plan Group would cease to meet and that any ongoing actions contained in the plan progress as continuous improvement; and

(d)       that the Chief Executive assume delegated authority to monitor and approve any actions deemed to be ongoing.

Consider report by Chief Executive.  (Copy attached.)

         There had been circulated copies of a report by the Chief Executive proposing approval of the updated SBC Local Code of Corporate Governance, on recommendation by the Audit Committee.  The report explained that Scottish Borders Council (SBC) was responsible for ensuring that its business was conducted in accordance with the law and proper standards, and that public money was safeguarded and properly accounted for, and used economically, efficiently and effectively.  The SBC Local Code of Corporate Governance, which was consistent with the principles and recommendations of the CIPFA/SOLACE Framework ‘Delivering Good Governance in Local Government’ and the supporting guidance notes for Scottish authorities (2016), was previously revised and approved by Council on 28 June 2018.  The SBC Local Code of Corporate Governance had been updated by the officer Governance Self-Assessment Working Group, on behalf of the Council Management Team (CMT). The updated SBC Local Code of Corporate Governance, contained in Appendix 1 to the report, required approval by Council to ensure this key document continued to be relevant and complete to reflect the appropriate framework for effective governance of the Council’s affairs and facilitate the exercise of its functions to deliver best value.  The Audit Committee had the opportunity to scrutinise the updated Local Code of Corporate Governance for Scottish Borders Council at its meeting on 13 March 2023, and recommended it for Council approval, to assist with the 2022/23 annual assurance process.

         DECISION

         AGREED to:-

         (a)      note the changes outlined in the report;

          (b)     approve the updated Local Code of Corporate Governance, as contained in Appendix 1 to the report; and

          (c)     note that the updated Local Code would be used for the 2022/23 annual assurance process.

Consider report by Acting Chief Financial Officer.  (Copy attached.)

         There had been circulated copies of a report by the Acting Chief Financial Officer advising of the intention by the Office of the Scottish Charity Regulator (OSCR) to remove the SBC Common Good Funds, charity number SC031538, from the Scottish Charity Register (the Register).  The report explained that the 12 Common Good Funds (Coldstream, Duns, Eyemouth, Galashiels, Hawick, Innerleithen, Jedburgh, Kelso, Lauder, Melrose, Peebles and Selkirk) were registered with the Office of the Scottish Charity Regulator (OSCR) as 1 registered charity, registration number SC031538.  A letter received from OSCR in December 2022, a copy of which was appended to the report, provided advance notification of the intention to remove the SBC Common Good Funds, registration number SC031538, from the Register, and outlined the reason for the decision, the process by which the Charity would be removed from the Register, and the effect of removal.  OSCR had concluded that Scottish Borders Common Good was not a ‘body’ with a constitution distinct and separate from the Council that was capable of being entered in the Register.  The Charity did not meet the charity test because it did not have purposes that consisted only of one or more of the charitable purposes in section 7(2) of the 2005 Act.  Because it had been concluded that the Charity did not have wholly charitable purposes an assessment of public benefit had not been carried out.  The Council’s Chief Legal Officer and Acting Chief Financial Officer agreed with OSCR’s conclusions that this was the correct approach.  Following deregistration, annual accounts would not be prepared, audited and submitted to OSCR.  The Common Good funds would instead be consolidated within the Council’s statutory accounts.  Outturn reports would continue to be presented to Common Good fund Committees setting out the annual income and expenditure associated with each fund and assets they held on their balances sheet at 31 March each year.  Separate records would still be maintained for each Common Good fund and current monitoring arrangements would continue.  Members accepted the position and received reassurance that this did not impact the non-domestic rates position for Common Good properties.

         DECISION

         AGREED with the notification from OSCR to remove the SBC Common Good Funds, charity number SC031538, from the Register and therefore resolved not to challenge the OSCR decision.

Consider report by Acting Chief Corporate Governance Officer.  (Copy attached.)

         There had been circulated copies of a report by the Acting Chief Corporate Governance Officer proposing a change and an increase to the membership of the External Services/ Providers Monitoring Group to include the Executive Member for Community & Culture and one further member.  The Scheme of Administration regulated, among other things, the constitution and membership of the Committees of Council.  Any amendments to the Scheme could only be approved by full Council.  At the moment, the Executive Member for Community & Culture was not a member of the External Services/Providers Monitoring Group, and given that this Group monitored the performance of Live Borders, it was proposed that the membership of the Group was increased by two, specifically the Executive Member for Community & Culture and another member to achieve balance.  Members supported this change and Councillor Tatler, seconded by Councillor Ramage, moved that Councillor Anderson be appointed as the other Member.

         DECISION

         AGREED to:-

          (a)     amend the Scheme of Administration with regard to the constitution of the External Services/Providers Monitoring Group, to “Nine Elected Members of Scottish Borders Council, including the Executive Member for Service Delivery & Transformation and the Executive Member for Community & Culture.” ; and

          (b)     to appoint Councillor Anderson as the other member to the Group.

Consider dates for meetings from August 2023 to July 2024.  (Copy attached.)

         There had been circulated copies of the draft Calendar of Meetings for the period August 2023 to July 2024. The Clerk to the Council advised that the meeting times for the Galashiels Common Good Fund Sub- Committee were to be changed from 3 p.m. to 4 p.m.  She requested that Members delegate powers to each Committee to make any amendments to their meeting dates and times as required during the year.

         DECISION

         AGREED to approve the Calendar of Meetings as amended and to delegate powers to each Committee to make amendments to their own meetings if required during the year.

Consider Motion by Councillor Steel in the following terms:

“Following many complaints over several years from Sports Groups and parents of children, Scottish Borders Council agrees to write to the Scottish Government requesting an addition to the Dog Fouling (Scotland) Act 2003 to create a new offence.  It is requested that it be made an offence for a person in charge of a dog to allow it to defecate at any time on a sports pitch or children’s play area.”

         Councillor Steel, seconded by Councillor Weatherston, moved the following Motion as detailed on the agenda:-

         “Following many complaints over several years from Sports Groups and parents of children, Scottish Borders Council agrees to write to the Scottish Government requesting an addition to the Dog Fouling (Scotland) Act 2003 to create a new offence.  It is requested that it be made an offence for a person in charge of a dog to allow it to defecate at any time on a sports pitch or children’s play area.”

         Councillor Steel and Councillor Weatherston spoke in support of the Motion which was unanimously approved.

         DECISION

         AGREED to approve the Motion as detailed above.

Consider appointment of Member to the Board of Live Borders following the resignation of Councillor Brown.

         It was noted that Councillor Brown had resigned her position from the Board of Live Borders so the resulting vacancy required to be filled.  Councillor Moffat, seconded by Councillor Thornton-Nicol, moved that Councillor PatonDay be appointed and this was unanimously agreed.

         DECISION

         AGREED that Councillor PatonDay be appointed to the Board of Live Borders.

Consider report by Director Resilient Communities.  (Copy attached.)

         With reference to paragraph 9 of the Minute of 15 December 2022, there had been circulated copies of a report by the Director Resilient Communities setting out a proposal to provide financial support of £550,000 within the current 2022/23 financial year to assist Live Borders with the significant financial pressures resulting from energy inflation, cost of living crisis and the slower return to pre-pandemic levels of visitor attendance and participation.  It also proposed a joint Council/Live Borders Strategic Review to strengthen and improve partnership arrangements and ensure that, through engagement with communities and service users, services were re-established on a sustainable footing and aligned with the needs of customers and communities.  The report detailed the challenging financial pressures that faced Live Borders as a result of the recent extraordinary rise in energy costs, reduced footfall and associated income reductions as a result of the cost of living crisis and the protracted recovery from the pandemic.  In addition to these pressures other challenges included putting measures and products in place to deal with the rapid changes to the way services were consumed and accessed by customers and the drive for Net Zero by 2045. Short term-financial support of £550K was proposed within the current financial year (2022/23) to enable Live Borders to address these challenges.  Recognising that these pressures continued into the medium and long term, the report also proposed that the Council and Live Borders undertake a wide-reaching review of its current partnership, funding and service delivery arrangements to ensure the Trust was sustainable in the long term and meeting the needs of communities and service users.  Given these ongoing challenges, coupled with the significant expansion of the scope and scale of services provided by Live Borders in recent years the report recognised the need to renew and update the governance arrangements set out in the 2016 Service Provision Agreement (SPA).  The proposed review would build on the joint SBC/Live Borders Service Redesign proposals agreed by Council in June 2021.  The aim was to complete the review by end of October this year with the outcome informing the 2024/25 service and budget planning process. To enable this, it was proposed that external consultants with suitable experience and expertise were engaged to support the delivery and timely completion of the review.  It was also proposed that a Joint Steering Group, based on the existing SBC/Live Borders Member/Trustee Group – and with additional representatives from both organisations - would oversee the delivery of the review and its outcomes.  The group would be supported by a working group comprising officials from both organisations enabling the appropriate professional input as the review progressed.  Members supported the approach of focussing on the future and the need for service redesign.

         DECISION

         AGREED:-

(a)        to provide financial support to Live Borders within the current financial year (2022/23) of £550,000 from the Recovery Fund to assist with the significant financial pressures faced by the Trust as a result of energy inflation, the cost of living crisis and ongoing  ...  view the full minutes text for item 17.

            The questions submitted by Councillors Begg, Robson, Ramage and Anderson were answered. 

          DECISION

          NOTED the replies as detailed in Appendix I to this Minute.

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

          DECISION

          AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in  Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

Consider private Section of Minute of Scottish Borders Council held on 16 February 2023.  (Copy attached.)

The private section of the Council Minute of 16 February 2023 was approved. 

Consider private Sections of the Minutes of the following Committees:-

Civic Government Licensing   -           27 January 2023

Civic Government Licensing   -           24 February 2023

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.