black country local enterprise partnership assurance framework - appendices · black country local...

BLACK COUNTRY LOCAL ENTERPRISE PARTNERSHIP

ASSURANCE FRAMEWORK - APPENDICES

1 Draft Black Country LEP Assurance Framework

Appendix 2

Black Country Local Enterprise Partnership Board

Terms of Reference

The Black Country Local Enterprise Partnership Board will:- 1) Provide the clear vision and strategic leadership to enable the delivery of

the Black Country Strategy Economic Plan (SEP):-

a) to drive sustainable private sector-led growth and job creation; b) harness the expertise of business, and utilise private sector

leadership to deliver more efficiently for the sub-region; c) focus the innovation of the private sector on delivery, making the

Black Country economy more competitive and its businesses more profitable;

d) to provide a new perspective to addressing the unique issues faced by the Black Country.

2) Led by businesses, supported by local authorities, continue the

development of programmes to enable private investment to improve the competitiveness of the Black Country and, where necessary support the delivery of the funding referred to at paragraph (5);

3) Define, alongside local authorities and other public sector partners, a

core group of functions where the LEP will require influence and/or control to create the right conditions for growth. These functions will remain focused in order to deliver the key targets of the Local Enterprise Partnership as guided by the SEP

4) Develop a strategic priority setting, leadership and commissioning role

based on principles of subsidiarity and local accountability, providing the critical challenge and leadership role to ensure the most effective use resources against the Partnership’s priority areas maximising the value of existing staffing and financial resources within local authorities, partners and delivery agents and ensuring that implementation responsibility remains with the most appropriate organisation. Consideration will be given to the development of joint services as opportunities to secure efficiencies arise

5) In relation to the Local Growth Fund, City Deal, European Union Strategic

investment Fund and such other funding programmes that might, from time to time be allocated to it the Partnership will, in conjunction with designated accountable bodies and within any frameworks and rules set out by Government or other funding agencies.

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a) Take overall responsibility for their strategic development and management;

b) Ensure that funds are directed towards the achievement of the objectives of the SEP;

c) Work with the private sector, local authorities, colleges and universities, Government and Government agencies, third sector and other partner and representative organizations to co-ordinate and facilitate the development of projects to secure the ongoing utilization of these funds towards the objectives of the SEP;

d) In conjunction with Accountable Bodies, monitor the ongoing spend of projects to maximize the utilisation of funds to ensure that funds spends are in accordance with budget profiles and in accord with the requirements of funding agencies.

6) In relation to transport funding the Board will:-

a) focus on strategic transportation issues of sub-regional, regional and national significance to establish a strong voice for transportation in the sub-region to help inform discussions with central Government;

b) co-ordinate, monitor and drive activity to ensure that transport investment in the sub-region including Growth Deal funding aligns the priorities of the Black Country SEP having regard to regional and national challenges.

7) Provide the single voice for the Black Country to bring stronger focus for

businesses and local government and to raise the image and profile of the area, regionally, nationally and internationally.

8) Lead discussions to agree key objectives and economic outcomes with

Government Departments and national agencies and align investment programmes to achieve these outcomes.

9) Provide a vehicle through which innovative funding/development

mechanisms to drive major change and investment can be secured. 10) Coordinate proposals or bid directly for the Regional Growth Fund and

other funds as appropriate. 11) Establish a framework of dialogue and communication to wider interested

parties through:-

a) an Annual Stakeholders Conference and other events to develop dialogue with wider business community including our most prominent companies;

b) Theme Advisory Sub-Groups based around the themes of the SEP to provide a framework for business engagement assembling lead board members, consultative groups drawing on existing mechanisms such as those established by the Chamber and Federation of Small Businesses (FSB) to examine and work through and feedback on

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Appendix 2

targets, actions and indicators and make recommendations in relation to the development of projects in accordance with paragraph (5); c) regular engagement with Ministers, MPs and Government

Departments; d) political steers from the Association of Black Country Local

Authorities. 11) Lead discussions with neighbouring Local Enterprise Partnerships and

authorities with the express purpose of securing private sector growth and jobs and explore opportunities to be part of Partnerships where the strategic and/or economic arguments for working in collaboration are clear and unambiguous and on single projects which transcend Local Enterprise Partnership boundaries

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Appendix 3

Black Country People Theme Advisory Group (Employment and Skills

Board)

Draft Terms of Reference 1. Remit

The role of the Black Country People Theme Advisory Group (Employment and Skills Board)(Theme Group) is to act as the leading strategic support body to the Black Country Local Enterprise Partnership providing a forum for the engagement of private sector employers and liaison with public sector employers to develop, formulate and co-ordinate policies and proposals relating to employability, education and skills that support the Black Country’s strategic aim to grow its global supply chain with the world class skills it demands, to maximise the benefits of the region’s location.

2. Scope

The Theme Group will cover the whole spectrum of employment, education and skills and other related areas to support the Black Country Strategic Economic Plan’s objective of ensuring the Black Country has a labour market with the right levels of skills and qualifications to meet the needs of businesses from the area’s priority growth sectors and that these businesses and their representatives can inform and engage with this work..

3. Terms of Reference

• Work with and engage Black Country businesses to raise the skills of the Black Country workforce; ensuring the Black Country has a labour market with the right levels of skills and qualifications to meet the needs of businesses from the area’s priority growth sectors.

• Develop and advise the LEP and, as necessary, the Black country Joint Committee, on bespoke interventions and meaningful support for local companies that will increase their growth and business competitiveness focussing on addressing the skills gaps in transformational and enabling sectors.

• Bring together the work of employers, Government and its agencies, local authorities and education and skills providers to work toward the development of a pipeline of projects and forms of collaboration that ensure continued and sustained progress towards the objectives of the Strategic Economic Plan.

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• At the request of the LEP the Groups will make observations on individual applications for funding where they fall within the Group’s terms of reference.

• To receive reports from the Black Country Consortium Intelligence Unit and the Accountable Body on the progress and impact of ongoing Growth Deal, City Deal and other relevant programmes and on education and skills attainment performance to inform discussion and development of future projects and programmes, to develop a pipeline of projects towards the objectives of the Strategic Economic Plan

• To act as a vehicle for engaging a wide range of employers through strengthening links with established representative bodies and sector networks

- to promote collective understanding of the Black Country Education and Skills offer, labour market and skills challenges, especially for the Black Country sector priorities

- to improve the responsiveness of employment, skills and business support programmes to the needs of business.

• To receive management reports from such projects within the framework of the Strategic Economic Plan, Growth Deal, City Deal or other relevant funding stream as may be requested or agreed from time to time by the Local Enterprise Partnership or Joint Committee, but including. for the time being, the Skills Factory and Talent Match programmes

4. Membership

The Membership of the Theme Group will not exceed 20 Members drawn from:-

• Private Sector Chair nominated by the Local enterprise Partnership

• Private sector LEP Board Members

• 7 Employers (drawn primarily from priority sectors – advanced manufacturing, building technologies and construction, transport technologies including Aerospace, business services and environmental technologies);

• One private sector member of each of the Engineering Employers Federation, Black Country Chamber and Black Country Federation of Small Business

• 2 Black Country Local Authority Cabinet Members with responsibility for education and/or adult skills.

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• Black Country Local Authority Head of Regeneration of Executive Director with responsibility for skills and /or education.

• One Principal of a Further Education College

• Vice-Chancellor or other senior management representative of Higher Education Institution (HEI)

• One Principal of Black Country Adult Skills Colleges

• Chief Executive of Education Central Multi Academy Trust

• Black Country Consortium Ltd. Chief Executive

5. Theme Group Advisors

The following Government Departments, organisations and agencies shall be entitled to nominate appropriate advisers to attend meetings to report, support and advise as necessary on relevant issues, themes, proposals and projects within the Board’s terms of reference:-

• Other Local Authority members and offices,

• BIS Local

• Dept of Work and Pensions (DWP)/Jobcentre Plus

• National Apprenticeship Service,

• Skills Funding Agency

• Black Country Training Providers Group

• UK Commission for Employment and Skills

Any other organisation and agency which wishes to inform the work of the Board, which has an official presence within the Black Country or engagement with skills and employment development in the Black Country, subject in any case to the agreement of the Chair.

6. Qualifications

Unless otherwise specified all Members and Board Advisers will be expected to be senior postholders at either Managing Director, Chief Executive, Principal, Regional Director or Board of Director or Executive Management Team level within their respective organisations..

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Appendix 3

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Appendix 4

Black Country Business Competitiveness and Enterprise Theme Advisory Group

Draft Terms of Reference

1. Remit

The role of the Black Country Business Competitiveness and Enterprise Theme Advisory Group (Theme Group) is to:-

a) Act as the leading strategic support body to the Black Country Local Enterprise Partnership providing a forum for the engagement of private sector employers, intermediaries and liaison with public sector agencies to develop, formulate and co-ordinate policies and proposals relating to:-

• strategic company engagement; • innovation; • sector development; • social enterprise; • exploiting global opportunities; • business support; and • access to finance.

b) Support the Black Country’s strategic aim of enabling businesses in

our key sectors to grow and deliver our contribution to the implementation of the Black Country Strategic Economic Plan (SEP) through the development of our economic, social and physical infrastructure.

2. Scope

The Theme Group will cover the whole spectrum of business growth and support and other related areas to support the Black Country SEP’s objective of growing the Black Country supply chain and becoming globally competitive. The Group will advise on activity to support a significant number of leading manufacturing companies and facilitate a significantly higher number of business births in order to achieve the challenging growth aspirations of the Black Country Strategy.


• Work with and engage Black Country businesses and intermediaries to champion workstreams in respect of strategic company engagement, innovation, sector development, social

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enterprise, exploiting global opportunities business support and access to finance on behalf of the Black Country LEP.

• Develop and advise the LEP and, as necessary, the Black Country Joint Committee, on bespoke interventions and meaningful support for local companies that will increase their growth and business competitiveness focussing on transformational and enabling sectors.

• Bring together the work of employers, Government and its agencies, local authorities and business intermediaries to champion the application of funding opportunities to maximise impact on Black Country businesses and work toward the development of a pipeline of projects and forms of collaboration that ensure continued and sustained progress towards the objectives of the Strategic Economic Plan and

• At the request of the LEP the Group will make observations on individual applications for funding where they fall within the Group’s terms of reference.

• To receive reports from the relevant informal or other time-limited Groups, the Black Country Consortium Intelligence Unit and the Accountable Body on the progress and impact of ongoing Growth Deal, City Deal, EU and other relevant programmes and policy initiatives to inform discussion and development of future projects and programmes, to develop a pipeline of projects towards the objectives of the Strategic Economic Plan

• To act as a vehicle for engaging a wide range of employers through strengthening links with established intermediaries and sector networks

- to promote collective understanding of the global opportunities, investment and access to finance challenges facing Black Country businesses and social enterprises especially for the Black Country sector priorities

- to improve the responsiveness of Government, public agencies and financial investment institutions to the needs of business in the areas of investment, growth and export opportunities.

• To receive management or other reports from such projects within the framework of the Strategic Economic Plan, Growth Deal, City Deal or other relevant funding streams as may be requested or agreed from time to time by the Local Enterprise Partnership or Joint Committee, but including. for the time being, the Growth Hub and Invest Black Country

• Scrutinise the current direction of delivery partnerships, relevant to these terms of reference discussing and making recommendations

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Appendix 4

for future activity working towards the objectives of the Strategic Economic Plan;

4. Membership


Private Sector Chair nominated by the Local Enterprise Partnership

Private Sector LEP Board members (ex officio)

7 Employers (drawn primarily from priority sectors)

One private sector member of each of the Engineering Employers Federation, Black Country Chamber and Black Country Federation of Small Business

1 Black Country Social Enterprise Cabinet Member

A Black Country Local Authority Head of Regeneration or Executive Director with Responsibility for Business Support

Black Country Consortium Ltd Chief Executive


The following Government Departments, organisations and agencies shall be entitled to nominate appropriate advisers to attend meetings to report, support and advise as necessary on relevant issues, themes, proposals and projects within the Board’s terms of reference:-

• Other Local Authority members and offices,

• University of Wolverhampton

• BIS Local

• UKTI

• Manufacturing Advisory Service

• Invest Black Country

• Growth Hub Director

Any other organisation and agency which wishes to inform the work of the Board, which has an official presence within the Black Country or engagement with business development and support in the Black Country, subject in any case to the agreement of the Chair.

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Appendix 4

6. Qualifications


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Appendix 5

Black Country Place Making and Land Theme Advisory Group

Draft Terms of Reference

1. Remit

The role of the Black Country Place Making and Land Theme Advisory Group (Theme Group) is to:-

a) Act as the leading strategic support body to the Black Country Local Enterprise Partnership providing a forum for the engagement of private sector employers, intermediaries and liaison with public sector agencies to develop, formulate and co-ordinate policies and proposals relating to:-

• Brownfield Land • Infrastructure and transport scheme development; • The supply of suitable employment land to meet business

growth requirements; • Enterprise Zones; • Housing supply and delivery; • Place making including the visitor economy, cultural offer and

environmental enhancements; • The low carbon economy

b) Support the Black Country’s strategic aim of enabling businesses in our key sectors to grow and deliver our contribution to the implementation of the Black Country Strategic Economic Plan (SEP) through the development of our economic, social and physical infrastructure

2. Scope

The Theme Group will cover the whole spectrum of Place Making and related areas to support the Black Country Strategic Economic Plan’s strategic aim of establishing the Black Country as a place to work, live and invest.


• Work with and engage Black Country businesses working in the in the place making theme area to achieve the Black Country Strategic Economic Plan’s objectives within this strategic area.

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• Develop and advise the LEP and, as necessary, the Black country Joint Committee, on bespoke interventions and meaningful support to achieve these objectives.

• Make recommendations to the LEP Board on relevant policy and funding issues; and

• Make recommendations to the LEP to ensure that transport investment in the Black Country aligns with regional and national challenges and supports the SEP strategic priorities the Black Country. This will include the monitoring of the delivery of transport schemes within the Growth Deal

• Bring together private sector, Government and its agencies, local authorities and third sector to work toward the development of a pipeline of projects and forms of collaboration that ensure continued and sustained progress towards the objectives of the Strategic Economic Plan.

• At the request of the LEP the Groups will make observations on individual applications for funding where they fall within the Group’s terms of reference including any proposed transport schemes.

• To receive reports from the Black Country Consortium Intelligence Unit and the Accountable Body on the progress and impact of ongoing Growth Deal, City Deal and other relevant programmes to inform discussion and development of future projects and programmes, to develop a pipeline of projects towards the objectives of the Strategic Economic Plan

• To act as a vehicle for engaging a wide range of employers through strengthening links with established representative bodies and sector networks to promote collective understanding of the challenges facing the Black Country within the areas defined in these terms of reference and their implications and opportunities for the achievement of the Strategic Economic Plan objectives.

• To receive management reports from such projects and groups within the framework of the Strategic Economic Plan, Growth Deal, City Deal or other relevant funding streams as may be requested or agreed from time to time by the Local Enterprise Partnership or Joint Committee, but including. for the time being, the Enterprise Zone Management Steering Group, Green Growth Group, Visit THE Black Country Partnership and the Black Country Environment Forum

4. Membership


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Appendix 5

• Private sector Chair nominated by the LEP Board.

• Private sector LEP Board members (ex officio)

• 9 Private sector representatives drawn primarily from sectors engaged with this theme area;

• One private sector member of each of the Black Country Chamber and Black Country Federation of Small Business

• Homes and Community Agency Head of Midlands Central

• One representative of housing associations operating in the Black Country

• 2 Black Country Local Authority Cabinet Members with responsibility for the relevant theme area.

• Black Country Local Authority Head of Regeneration of Executive Director with responsibility for place making areas.

• One representative of the Birmingham and Black Country Local Nature Partnership

• One representative of a Higher Education institution with academic expertise in a field related to the Advisory Group’s terms of reference.

• Black Country Consortium Ltd. Chief Executive


The following Government Departments, organisations and agencies shall nominate appropriate advisers to attend meetings at the request of the Theme Group to report, support and advise as necessary on relevant issues, themes, proposals and projects within the Board’s terms of reference:-

• Black Country Transport Officers Group and Black Country Director of Transport

• Other appropriate local authority members and officers.

• Integrated Transport Authority,

• Centro

• DEFRA and its Agencies

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Appendix 5

• Highways Agency and Dept. for Transport,

• Canal and Rivers Trust

• Birmingham and Black Country Wildlife Trust

• Severn Trent and South Staffs Water Authorities.

Any other organisation and agency which wishes to inform the work of the Board, which has an official presence within the Black Country or engagement with Place theme development in the Black Country, subject in any case to the agreement of the Chair.

6. Qualifications


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Appendix 6

Black Country Funding Applications Sub-Group

Terms of Reference


The Sub Group will make recommendations to the partnership Board on:-

• Applications for Regional Growth, Growing Places and City Deal Public Works Loan Board funding.

• The criteria and processes for assessing these applications and terms and conditions to be attached to agreed grants and loans

• Monitoring the spend and progress of approved projects and the delivery of outputs and proposals to increase the take up, recycle or otherwise allocate or prioritise the use of the relevant funds

2. Membership

The Membership of the Sub-Group will comprise five private sector members of the LEP Board one of whom will be appointed as Chair

3. Attendance at Meetings

Notwithstanding the requirements of the Local Enterprise Partnership Access to Information Rules, meetings will be attended by:

i. Sub-Group Members,

ii. The Black Country Consortium Chief Executive as head of the Partnership Secretariat she may designate and such other agents of the Secretariat employed to support the process of assessing applications.

iii. Designated officers of the Accountable Bodies for the relevant funds;

iv. A representative from the Department for Communities and Local Government

v. Other observers by resolution of the Sub-Group or at the request of the Chair of the Sub-Group where expert input is required for a

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Appendix 6

particular application or to advise on the management or use of the relevant funds;

4. Proceedings of the Sub-Group.

Proceedings of the Sub-Group will be conducted in accordance with the terms of the Black Country Local Enterprise Partnership Quality Assurance Framework as appropriate

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Appendix 7

Black Country Consortium Programme Office Terms of Reference

The purpose of this document is to provide a high level definition of the scope, role and responsibility of the BCC Ltd Programme Office. According to the OGC, the definition of a Portfolio Management Office provides a clear definition of the role to be performed by the BCC Ltd Programme Office:

“An office which is established centrally to manage the investment process, strategic alignment, prioritisation and selection, progress tracking and monitoring, optimisation and benefits achieved by an

organisations projects and programmes on behalf of senior management.” Portfolio, Programme and Project (P3): P3(O) refers to the collaboration of the Portfolio, Programme and Project office functions, to build joined-up processes for establishing, developing and maintaining appropriate business support structures. It brings together Office of Government Commerce (OGC) best practice in PRINCE2, MSP, MoR and Portfolio Management; so is the latest and best industry standard for a support office.

The Programme Office therefore:

• Helps BCC Ltd and its partners deliver strategic objectives

• Provides a service to the wider BCC Ltd organisation and its partners. The service being subject matter expertise in best practice P3 management.

• Will institutionalise P3 ‘Best Practice’ within BCC Ltd and across its partners

• Will help integrate and align P3 with business operations in order to support BCC Ltd and its partners in successfully accomplishing its strategic objectives.

• Exists to mentor, coach, train and support those given responsibility to deliver projects within BCC Ltd and across its partners.

Define a balanced portfolio of change Ensure consistent delivery of programmes and projects

Structure Governance Functions Services

Do the RIGHT Work Do the Work RIGHTefficiency

effectiveness

& &

Programme Office Terms of Reference 1 Black Country Consortium Ltd

Appendix 7

• Exists as an innovative and proactive change agent and a champion of clear transparent project status reporting

Programme Office Objectives The Programme Office is committed to continuously and critically examining Programme Office practices, review them against current priorities and implementing changes where required to ensure the Programme Office manifests itself as an innovative and proactive change agent within BCC Ltd. It will:

• Provide appropriate visibility of proposed and inflight projects to the leadership team to enable them to make informed investment decisions thereby creating the right project mix (e.g. strategic, infrastructure)

• Ensure that projects are appropriately prioritised, aligned with strategic objectives and business teams are supported throughout the delivery

• Provide status updates on projects and programmes direct to business Leadership whilst escalating potential risks and issues

• Challenge the norm by displaying an edgy dissatisfaction when critiquing projects, processes or tools

• Become the source of Project & Programme Management tools and excellence • Facilitate a culture of learning through training and support to practitioners • Become the Centre of Excellence for project management that embodies best practices • Provide a view of available resource to optimise staff across the portfolio of change • Enable alignment with governmental assurance best practice • Act as a consultancy and advisory service to the project management community across the

business


Appendix 7

Project Success The Programme Office mission is: To provide the tools, processes and support necessary to empower our business and it partners to do the

RIGHT WORK and the WORK RIGHT With this mission in mind, the Programme Office considers a project to be a complete success only when the following are true:

• The pre-defined business objectives and strategic goals are either achieved or exceeded • The defined Project Management Methodology is implemented appropriately and utilised

correctly • Project delivery is completed on or below schedule and financial targets

There are multiple winners:

• Project participants have pride of ownership and feel good about their work • Customers and partners are happy • Management has met its goal • There is evidence that project results have helped build or maintain a good reputation for BCC

Ltd and its partners • Methods and metrics are in place for continual monitoring and evaluation • Benefits of projects are realised -

Programme Office Staffing The initial staffing plan for the Programme Office is a Delivery Director, Programme Office Analyst and Financial Analyst. Detailed Job Descriptions have been created for these roles. BCC works in partnership as part of Team Black Country. Partners will provide Project Managers and subject matter expert resources as part of a wider virtual team. Programme Methodology Projects must be assessed, approved, planned, managed and closed using a consistent methodology. The Programme Office is therefore responsible for defining a best practice approach that must include:

• Review current approach undertaken by BCC and partners • Develop practical consistent methodology based on current approach and best practice • Methodology to include a Stage Gate based lifecycle with supporting document

templates • Define governance structure; including prioritisation & selection model, approval

process, escalation mechanisms for inflight projects, change request process, closure approval process

• Definitions of roles and responsibilities, in particular those of the Project Managers, Sponsors, Team Members, and Programme Office

• Define project reporting requirements & success KPIs • Define escalation process for risks, issues & exceptions


Appendix 7

The Programme Office will define a practical fit for purpose project management methodology based on best practice. An example lifecycle model is shown below for guidance purposes:

Programme Software Tools The methodology will determine the information required at each stage of the project lifecycle. Software tools will enable efficient management of data and collaboration. Once the methodology is defined, then appropriate PMIS will be deployed. A detailed assessment of tool requirements has already been completed by Genecon. This assessment has identified system requirements and it has been determined that the Verto system is ideally placed to meet these needs. The Verto system retains a number of beneficial characteristics:

Cloud based with a flexible licencing model - therefore no requirement to pay for hardware or additional hosting costs;

End user configurable, reducing the dependency on third party development costs;

Developed specifically for the public sector and supports programme and project management best practice (Prince2, MSP, P30 etc.);

Provides a flexible gateway structure to meet variances associated with different funding streams; and

Accessible remotely with tools for collaborative working.

Reference Briefing Notes, Systems & Processes, published 29th October 2014

Project Management Training & Mentoring Once the Programme Office has defined the appropriate project methodology and supporting toolset these solutions are only useful if fully understood by impacted stakeholders. Project Managers, Sponsors and team members from the wider Team Black Country partnership group will require training and in some cases mentoring (direct 1-2-1 support to develop individuals).


Appendix 7

The Programme Office will therefore lead a Training Needs Analysis and define practical customised project management training. The Programme Office will also take the lead in developing a community of practitioners (CoP). Those running projects become part of a supported group developing their expertise through knowledge sharing. The CoP will enable Team Back Country to establish and develop project management as a core competency.


SEP Delivery Director

NEW POST

PROGRAMME OFFICE PROPOSED STRUCTURE

Transport Director (Reports to Clerk of ITA)

VACANT - WCC

Programme Office Analyst –

VERTO NEW POST

Programme Offic Analyst -

APPRAISAL NEW POST

External Funding Technical Assistance -

Walsall MBC (Org Chart attached)

BC European Policy – BCC Ltd

BC Economic Intelligence Team/Applied Research

- BCC LTD

PROGRAMME OFFICE CORE PROGRAMME OFFICE SPECIALIST SUPPORT DRAWN FROM

BC Marketing and Communications

-BCC LTD

Accountable Body – Walsall MBC – Growth (Org Chart attached)

Sandwell MBC – Growing Places (Org

Chart to be confirmed) W’ton CC – Growth

Hub/EZ (Org Chart to be confirmed)

External Funding Officer

ERDF Manager

External Funding Team Leader

EXTERNAL TECHNICAL ASSISTANCE TEAM – Walsall Council

ACCOUNTABLE BODY – Walsall Council

Head of Strategic Regeneration

JC Programme Management

Officer – Finance (0.5 fte Vacancy)

JC Programme Management

Officer – Performance

(0.5 fte)

JC Programme Administrative

Assistant (0.5 fte Vacancy)

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WEST MIDLANDS CROSS LEP STATEMENT ON TRANSPORT

As the Local Enterprise Partnerships at the centre of the UK we are keenly aware that ‘efficient, highly-

developed and well-integrated transport networks lower the cost of doing business, help attract inward

investment and provide access to international markets’1. Jaguar Land Rover and JCB are both located in the

West Midlands, illustrating the importance of good transport networks to exporters, whose performance is

central to the future success of the UK economy.

Each of the 6 LEPs in the West Midlands is submitting a Strategic Economic Plan for consideration by

Government, and whilst we have a diverse range of transport networks, what links them together is a

commitment to improve the strategic road and rail networks to ensure that key links to internal and external

markets are maintained and the area does not become a transport bottleneck, undermining national

economic growth.

The LEPs of the Black Country, Greater Birmingham & Solihull, Coventry & Warwickshire, the Marches, Stoke-

on-Trent & Staffordshire and Worcestershire have agreed this statement both in support of, and to

complement, our individual growth strategies. It highlights areas for investment in our transport network

which release sustainable long term economic growth for the benefit of the UK and West Midlands. It ensures

that each of our specific aspirations and local strategies are coordinated with our partners to enhance the

effectiveness of our own transport plans and that of the West Midlands as a whole.

Getting investment in transport right in the West Midlands will allow us to play a full role in rebalancing

the economy.

The proportion of West Midlands companies exporting is the highest in England and we are leading

the nation’s export-led economic recovery. This is reflected in the strength of our advanced

manufacturing sector. See Appendix 1 for additional information on the West Midlands Economy;

The West Midlands is committed to improving regional and local links to High Speed Rail Two (HS2) in

order to maximise the economic benefits across the West Midlands region, and to help release

capacity on the already congested local transport networks.

More than most key sectors of the economy, advanced manufacturing and exporting businesses

require effective transport infrastructure to maintain international competitiveness. This is critical

both for initial sales and for reliable aftersales support;

Access to developing markets is of great importance to our exporters, thus we see the development of

regional airports as being critical to link us to these markets. For example - Birmingham Airport, one

of the areas primary international gateways, has spare capacity of approx 27 million passenger, which

if utilised could generate 31,000 jobs ‘on site’ and 243,000 across the region. Encouraging direct

connectivity from the region could also improve efficiency by reducing ‘cost to market’ by up to 10%2;

THE IMPORTANCE OF TRANSPORT INFRASTRUCTURE INVESTMENT TO OUR ECONOMY

Being at the centre of the country means that we have a strong need to work with our neighbours in the

North West, East Midlands, Wales and the South West. Connections to ports and airports across the UK are

critical to our collective success. The 6 LEPs sit at the centre of an extensive sub-national and cross-national

transport infrastructure, facilitating movement for close to a quarter of UK GDP. Consequently, local traffic

1 Transport for Growth – EEF www.eef.org.uk

2 West Midlands Economic Forum

2

improvements can and do have an impact, by relieving pressure on a UK resource, across a much broader

economic area. Enhancements to local transport infrastructure facilitate output growth and export

performance.

Our location is critical to continuing to support the growth in the economy and our businesses attach great

importance to infrastructure and connectivity when making investment decisions. However, our strategic

advantage comes at a cost. All businesses need reliable access to markets and customers for both freight and

passengers; investment in our strategic road and rail network is urgently required.

Improving regional and local links to High Speed Rail Two (HS2) and utilising the released rail capacity from

the West Coast Main Line is an imperative to deliver economic growth. Making the best of HS2, supporting

economic activity and addressing rail freight growth will require sustained investment in the ‘classic’ rail

network, as well as maximising the capacity released by HS2.

Road congestion has disproportionately higher impacts on road freight movements. Whilst road freight

accounts for just 6% of all road trips, the impact of road congestion on those freight movements costs our

economy some £600M per year3, almost a quarter of the annual cost of road congestion to our economy of

£2.2bn4.

Our rail network must therefore be capable of accommodating the continuing increase in passenger numbers

and catering for growth and new flows in all sectors of the rail freight market (which is critical to exports),

especially the intermodal sector that is forecast to continue to grow at 11% per annum.

Developing freight activity at Birmingham Airport will reduce costs and relieve pressure on the stretched

infrastructure at and around Heathrow Airport. Birmingham Airport could be developed to cater for 800,000

tonnes of freight traffic annually, improving efficiency for local business5. Key to this will be the continued

provision of adequate surface access. Other regional airports also have the potential to serve our businesses.

Finally, but critically, attracting investment from other regions and internationally is critically important to

the West Midlands, and good accessibility to specialised ancillary services (e.g. legal, financial, insurance) with

easy connections to customers are crucial factors in continuing to improve the Midlands’ attractiveness to

investors, following a steady increase in FDI projects in the region.

Our Offers Collectively, our SEPs represent millions of pounds of aligned public and private sector funding which will

bring forward our key schemes in a coordinated manner. As set in Plan 5, there are a number of

infrastructure priorities which we would like to see delivered in the region which have far reaching benefits.

As the 6 LEPS of the West Midlands, we reiterate our commitment to continuing to develop and deliver these

schemes together, working in partnership.

The strong collaboration on transport which takes place across the West Midlands adds significant value to

work of each of our LEPs. The Cross LEP Transport Group, established in January 2012, is a forum for LEP

transport leads, delivery partners and key stakeholders. This group ensures cross LEP and cross LTB

collaboration and leads on agreed plans and joint studies into future infrastructure requirements of key

sectors. This includes a ‘Midlands Connect’ initiative which is taking a multi modal, evidence based approach

3 Source: West Midlands “Gridlock or Growth? Congestion Management Study” 2007

4 Source: West Midlands Freight Strategy Executive Summary

5 Source: West Midlands Economic Forum www.westmidlandseconomicforum.co.uk ‘

‘The potential for, and impact of, enhanced aviation links on the Midlands economy’

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to develop our case for strategic transport investment in the region which directly supports employment and

economic growth.

In addition, we are collaborating across the West Midlands on an expression of interest for Rail Devolution,

and have developed a joint HS2 connectivity package for phase 1 to improve regional and local links to HS2

and encourage sustainable growth using the released rail capacity from the West Coast Main Line. Our

emerging SEPs will see the inclusion of collaborative projects across LEP areas including HS2 connectivity (for

example, the Snow Hill Lines is a cross LEP supported priority), a programme of motorway junction

investments, support for managed motorways and the electrification of the rail spine, and key local highways

improvements which support the hubs of economic growth across the West Midlands. Beyond the area

Stoke-on-Trent and Staffordshire are also working with Rail North on their devolution proposals.

Going forward we are committed to investing across LEP geography in the infrastructure that is required to

support the economic growth of the West Midlands. The plans which follow in this statement clearly

illustrate, by sector, the interdependency of our economies and the critical role the network plays in

supporting economic growth. We will build from individual Growth Deals, consider the cumulative impact of

investment and work together to deliver our collective ambitions to support our economic growth.

Our Asks We would ask Government to prioritise investment in our transport network and to work with us to release

sustainable long term economic growth built on our proven success. We will in turn continue to work

together to develop our strategic priorities for transport and the economy building on a strengthened and

invigorated partnership between Local Enterprise Partnerships , Local Authorities and delivery partners.

We have a number of collective asks of Government:

Enabling Our SEPs to deliver

• In order to develop and deliver key infrastructure, LEPs need longer term allocations and

planning horizons, with the flexibility to realign financial resources to optimise the delivery of

transport priorities;

• Our LEPs have strong links with key partners, including Network Rail and the Highways Agency,

and need stronger direct input into their investment programmes to ensure that national and

local investment is better aligned to release economic growth and allow these partnerships to

develop;

• LEPs need to be included in the shaping of future aviation policy, and in particular the

development of a National Infrastructure Statement on aviation post the 2015 election.

Maximising the opportunity of the Rail Network

• Prior to the delivery of HS2 we will be working to maximise the benefits of rail devolution. As a

location at the heart of the national network we need Government to help us maximise the

benefits and ensure integration between franchises and operators;

• HS2 presents an opportunity to improve connectivity across the West Midlands. The “HS2

West Midlands Local Connectivity Package” sets out a package which can be implemented

before HS2 becomes operational in 2023 by GBSLEP/BCLEP, to maximise the economic benefits

to the West Midlands. We look to HS2 to ensure that the benefits of the scheme are felt across

4

all of the major urban areas in particular Stoke-on-Trent where a new station is being proposed

and Coventry;

• We are asking Government to prioritise investment in the electrification programme in the

West Midlands.

Maximising the benefits of the Strategic Highway Network

• We ask Government that ‘Managed Motorways’ be further introduced on the remaining

sections of the motorway box, namely on the M5 from M6 Junction 8 to M5 Junction 4a and

M42 from M5 Junction 4a to M42 Junction 3a, together with M6 J15 to J16 towards the North

West;

• The M6 Toll represents an opportunity to provide a more efficient route for freight. We would

ask Government to work with the West Midlands LEPs to explore the release of the full

potential benefits of the M6 Toll including the possibility to use the £10m annual land purchase

payment received by DfT from Midland Expressway Limited to accelerate the delivery of

strategic transport investments in the West Midlands.

The West Midlands Spatial Priorities for Growth The West Midlands leads the nation in advanced manufacturing and export industries, and the ability to

support that growth in our key enterprise and strategic employment centres is critical to the health of the UK

economy as a whole. Additional sectors are also priorities for our LEPs and are featured in our Strategic

Economic Plans, including business, professional services and knowledge industries; freight and logistics;

cultural, tourism, leisure and retail; and housing and local employment sites. The interconnected nature of

these supporting elements of the economy have a direct impact on the transport infrastructure of the West

Midlands, and as such, require a coordinated approach across the 6 LEPs. As specialised aspects of the

economy develop across the West Midlands, it is key to ensure that agglomeration benefits are maximised

through convenient and direct transport connections that widen the impact of agglomeration economies.

This is illustrated in the plans which follow.

5

Plan 1 above illustrates the locations and interconnectivity of major strategic growth locations,

including centres, key employment sites and enterprise zones. It highlights the connectivity

requirements, be they business to business, supply chains, or people, skills and customers moving

between strategically important locations. It illustrates critical connections to ports and airports to the

north, east and south of the conurbation.

6

Plan 2 above highlights the location of the innovation ecosystems across the conurbation, where our

universities and professional and knowledge industries are located. These assets provide our skilled

workforce, are on the cutting edge of research and development, and are frequently home to our new

business start-ups. Connectivity, especially more localised intercity connectivity, is required to support

innovation and enterprise.

7

Plan 3 above illustrates our key freight and logistics locations, as well as rail freight interchanges, airports

and ports which show the strength of the sector. It highlights the importance of the motorway network

to transport goods to markets, and the critical role of rail freight and the importance of the trunk road

networks which provide the resilience or the network as a whole. There is a strong relationship both

southwards down the M1 and to the north on the M6. This illustrates the potential benefits of a better

utilised M6 Toll.

8

Plan 4 above illustrates the importance of ‘place’ to the West Midlands Economy as a location for

business investment and as an attractive place to live, work and visit. Our cultural assets have slightly

different infrastructure needs and highlight the importance of having a rounded, connected network that

supports our collective offer.

9

Plan 5 above illustrates where the collective pressures and priorities lie for the 6 LEPs. Motorway junctions,

managed motorways and the better utilisation of the M6 Toll all have a critical role in supporting the economy.

HS2 connectivity and investment in electrification and rail freight will dramatically improve the movement of

people and goods throughout the region and in between key centres. Local highway improvements support

businesses to access the workforce and the strategic network, and provide the resilience the network requires.

We see the investment priorities in each of our SEPs as part of the wider picture set out above.

10

Next Steps

Integrated transport infrastructure supports the specific plans and requirements of the West Midlands LEP

economies individually and collectively. Indeed, transportation is, by its nature, an inherently cross-LEP issue

– as our workforce can reside in one LEP, work in another, pursue leisure activities in another and access

international travel in yet another. Harmonising these complex demands requires both an understanding of

the key features of each LEP and coordinated strategies over the short-, medium- and longer-term to utilise

resources efficiently and effectively.

There is a commitment across the whole area to work together, to articulate our priorities and invest in the

infrastructure required to support our economic growth. As we reach a conclusion on the negotiations of our

individual Growth Plans we will continue to share and agree plans through our cross LEP transport group. We

will:

• Work to ensure the whole area maximises the impact of HS2;

• Continue to work jointly as LTBs, and where appropriate to combine LTBs;

• Lead the way on cross LEP collaboration, through sharing priorities, and jointly funding schemes as

appropriate;

• Consider the collective impact of our Growth Plans, and articulate how the delivery of our priority

schemes supports the principles in this statement; and

• Support the export led recovery of the UK by ensuring that the Midlands has the infrastructure required

to remain an attractive place for businesses to locate and expand.

Andrew Cleaves

Chair, Greater Birmingham and Solihull Local Transport Board

Cllr Peter Bilson

Chair, Black Country Strategic Transport Board

Peter Pawsey

Chair, Worcestershire Local Transport Board

11

Cllr John McNicholas

Chair, Coventry and Warwickshire Transport Business Group

Cllr Bill McClements

Chair, the Marches Local Transport Board

Ron Dougan

Chair, Stoke and Staffordshire Local Enterprise Partnership

12

APPENDIX 1 - The West Midlands Economy

The West Midlands is at the centre of the UK transport networks with 90% of the UK's residents and

businesses accessible within a 4 hour drive time. 2.7 million people live in the West Midlands metropolitan

area, the largest urban area outside of London.

There are 171,000 businesses in our area and it continues to be the home of many manufacturing industries.

In 2010, 149 million tonnes of goods originated here. It is home to many world renowned companies

including JLR, JCB, GKN, BMW, Bosch, SCH, and Alstom as well as suppliers large and small together with a

strong pool of business and professional services providers. The proportion of West Midlands companies

exporting is the highest in England6.

Indeed collectively the economies of the 6 LEPs ranks as one of the most dynamic and innovative regional

economies in the world – with precision-engineered, high quality, high reliability component manufacturers

alongside traditional craft industries supplying internationally renowned volume producers and exporters.

The West Midlands remains a crucial source of finished, semi-finished and precision component products for

the global economy with some 13 of the top 25 export markets of the region outside of the EU. The

predominance of small and micro-enterprises ensures that there is continuous but competitive collaboration

between suppliers in the production process that stimulates innovation and design refinement.

EXPORT DRIVEN RECOVERY

The economies of the 6 LEPs are poised on a cusp of a step change in output and export performance. In

contrast to previous post-recession recoveries, until this year, West Midlands performance indicators have

exceeded the recovery in the UK overall. Indeed, measured by the Purchasing Mangers’ Index (PMI),

regionally West Midlands output growth has been robust and comparably ranks with many of the stronger

performers in the global economy. Evidence for the depth of this performance is demonstrated by the surge

in exports.

6 14,6 per 1000 businesses: Commentary on Regional Economic Performance Stats

13

Between the first quarter of 2011, according to HMRC data, and the second quarter of 2013, exports from

the West Midlands grew by the equivalent of 30%. This rate was almost twice that of the next strongest

regional performer, the East Midlands which was recorded at 15%, and significantly stronger than most other

regions, including London and the South East: a rate of growth most usually associated with the Asian Tiger

economies.

With the production sector equivalent to almost a fifth of total regional GVA, and the manufacturing sector

itself over 14% of local output, prospects into next year appear favourable. According to PMI data for the

West Midlands, the recovery from the 2008-09 recession had been stronger locally than that achieved

nationally, in marked contrast to the experience of previous post-recession recoveries.

It is imperative that transport infrastructure does not act as a constraint on the capacity of the regional and

local economies to move goods and people to markets and workplaces. Evidence on supplier delivery times

suggests that the West Midlands suffers from transport infrastructure limitations in particular. For example,

Road congestion presently costs our economy some £2.2bn per year in higher costs, lost business and

reduced productivity7. With exports recognised by the government as a key driver of future economic growth,

improvements in transport infrastructure can realise gains in export competitiveness, through reduction in

time and cost as well as providing new access modes.

7 WM Freight Strategy Executive Summary

BLACK COUNTRY EXECUTIVE JOINT COMMITTEE

CONSTITUTION

26 March 2014

1. (i) Dudley MBC, Sandwell MBC, Walsall MBC and Wolverhampton City Council

established an Executive Joint Committee known as the Black Country Joint

Committee (‘the Committee”) for the purpose of discharging the functions

mentioned in Annex A. The Committee is a joint committee of the Executive for

the purposes of Part VI of the Local Government Act 1972 and Part I Chapter 2 of

the Local Government Act 2000 and the provisions of thereof that are applicable

to Joint Committees of the Executive shall apply to the Committee.

2. (i) The Committee shall comprise four members, each Council being entitled to

appoint one voting member who shall be a member of the Councils Cabinet

making the appointment. In the event of a voting member of the Committee

ceasing to be a member of the Council which appointed him/her, the Council shall

forthwith appoint another voting member in his/her place. Only a voting member is

entitled to be elected as Chair or Vice-Chair of the Committee.

(ii) Each Council may appoint members of its Executive as substitute for the voting

members appointed under (i) above to attend meetings of the Committee and its

sub-committees in the absence for any reason of the voting members or observer

members appointed under (i) above and in attended meetings of the Committee

and its sub-committees the substitute voting members or observer members shall

be treated in all respects if they were appointed under (i) above as the case may

be. The Secretary for the Committee shall be informed prior to the

commencement of the meeting of the names of the substitute members.

(iii) The Chairman of the Black Country Local Enterprise Partnership shall be an ex

officio member of the Committee on matters relating to City Deal and Growth

Deal. Ex officio members may speak at meetings of the committee but not vote.

The Chairman of the Black Country Local Enterprise Partnership shall present

reports to the Joint Committee from the City Deal and Growth Deal Advisory

Board.

(iv) The Black Country Consortium Ltd will be responsible for writing reports to the

Joint Committee from the City Deal and Growth Deal Advisory Board in the

format provided for at Annex B. All other reports from any subcommittee and or

Council will also take the form as set out in Annex B. A representative of the

Black Country Consortium Ltd can be in attendance at meetings of the Joint

Committee on matters relating to City Deal and Growth Deal in an advisory role

as the Joint Committee see fit.

(v) The Committee shall at its Annual Meeting, elect a Chair and Vice-Chair from

among its voting members or chose to adopt for that year to have a rolling Chair

and Vice Chair being upon rotation. In the event of both being absent from the

meeting, the Chair and Vice-Chair for whatever reason, the Committee shall elect

a chair from amongst the voting members present for that meeting but shall not

count for purposes of rotation.

(vi) Three voting members of the Committee shall constitute a quorum. Except as

otherwise provided by statute, all questions shall be decided by a majority of the

votes of the voting members present, the Chair having the casting vote in addition

to his/her vote as a member of the Committee.

(vii) The Committee shall meet as agreed at its AGM. However a meeting of the

Committee may be convened at any time by the Secretary in consultation with the

Chair for the meeting that would be convened. A meeting of the Committee must

also be convened by the Chair within 28 days of the receipt of a requisition of any

two voting members of the Committee addressed to the Secretary of the

Committee. All requisitions shall be in writing and no business other than that

specified in the requisition shall be transacted at such a meeting.

(viii) The Committee shall from time to time make such standing orders for the carrying

on of the business of the Committee as the Committee shall deem necessary and

or desirable.

(ix) For the avoidance of doubt and subject to there being no changes to the law on

this issue, where a Council is operating executive arrangements pursuant to the

Local Government Act 2000 (and any regulations made under it), it will be a

matter for the Executive of the Council to appoint any voting member, or substitute

member of the Committee as long as that member is a member of the appointing

Councils Cabinet.

3. The Committee shall from time to time appoint such sub-committees and Advisory

Boards to consider and deal with any of the functions of the Committee as may be

thought desirable.

4. The Committee Secretary and such other officers as may be deemed necessary

for the due conduct of the business of the Committee shall be Walsall Metropolitan

Borough Council.

5. Meetings of the Joint Committee shall be held at Walsall Metropolitan Borough

Council unless otherwise directed by the Joint Committee.

6. The Secretary shall:

(i) Be responsible for preparing the agenda and submitting reports prepared by

either of the Councils or other bodies to the Joint Committee and minutes of the

Joint Committee.

(ii) Be responsible for making arrangements for the publishing in accordance with

Access to Information requirements all meetings, agenda, agenda items and

minutes as appropriate.

7. That the relevant Standing Orders for Black Country Joint Committee are those of

Walsall Metropolitan Borough Council.

Annex A – Terms of Reference

FUNCTIONS OF BLACK COUNTRY EXECUTIVE JOINT COMMITTEE

1. To receive reports from any Sub Committee of the Joint Committee or Advisory

Board of the Joint Committee.

2. At any time review and agree proposed changes to the Functions of the Committee,

and seek approval of the same from the four Council Executives of the Black Country

authorities.

3. To agree and approve any proposed governance and or reporting structure that the

committee sees fit.

4. In relation to the City Deal and Growth Deal:

4.1 To act as a strategic body; setting and reviewing objectives for strategic

investment across the Black Country, including;

a. Providing a coherent single position on the major strategic City Deal and

Growth Deal issues;

b. Agreeing allocation of spending;

c. Agreeing major priorities;

d. Consider and agree recommendations made by any Sub Committee of

the Joint Committee or Advisory Board of the Joint Committee;

e. Refer recommendations received back to any Sub Committee of the Joint

Committee or Advisory Board of the Joint Committee for further

consideration as and when minded in the first instance to not follow

recommendations at all or to materially change the substance of the

decision except in the case of genuine urgency requiring a decision to be

made at that time;

4.2 Agreeing Lead and or Accountable Body status for a body or organisation;

4.3 Agree, review and amend options at any time for City Deal and Growth Deal

governance which is fit for purpose;

4.4 influence and align government investment in order to boost economic

growth;

4.5 have regard to the duty to cooperate and Joint Committee’s overall function

as set out above;

4.6 to ensure alignment between decision making on City Deal and Growth Deal

and decisions on other areas of policy such as land use, transportation,

economic development and wider regeneration;

4.7 Co-ordinate and align decision making on transport with the LEPs ensuring

that business views are taken on board and that LEP growth plans are

reflected in strategic priorities;

4.8 Deciding on capital expenditure programmes and ensuring policy and

programmes are delivered effectively through partners;

Annex B

REPORT OF THE CITY DEAL AND GROWTH DEAL ADVISORY BOARD

(OR COUNCIL)

TO

BLACK COUNTRY EXECUTIVE JOINT COMMITTEE – (DAY, MONTH, YEAR)

(INSERT TITLE OF REPORT)

Key Decision: Yes/No

Forward Plan: Yes/No

1. PURPOSE OF REPORT

a. Details of what is being sought in summary

2. RECOMMENDATIONS

a. Specific recommendation from the City Deal and Growth Deal Advisory Board with

approval requested by the Joint Committee.

3. REPORT DETAIL

a. All relevant and pertinent information so as to enable a fully informed decision to

be made by the Joint Committee to include the report from the City Deal and

Growth Deal Working Group that will have been approved by the City Deal and

Growth Deal Advisory Board for recommendation to the Joint Committee.

4. FINANCIAL IMPLICATIONS

a. All relevant financial implications

5. LEGAL IMPLICATIONS

a. All relevant Legal implications

6. RISK MANAGEMENT

a. Key risk identified and explanations as to how they will be managed are to be

inserted.

7. EQUALITY IMPLICATIONS

a. An equality impact assessment to be done and equality implications set out in the

report as well as how they will be managed.

Back Ground papers

Authors name and contact details

CITY DEAL AND GROWTH DEAL ADVISORY BOARD

CONSTITUTION

26 March 2014

1. The Advisory Board shall comprise of:

(i) The Cabinet member for regeneration for four Black Country local authorities

(voting members)

(ii) Four business community representatives of the Black Country LEP (voting

members)

(iii) The Executive Directors of the Black Country local authorities with

responsibility for regeneration (non-voting member)

(iv) A Black Country Consortium Ltd representative (non-voting member)

(v) Such government department representatives as the committee agrees to

(non-voting member)

(vi) Such representatives of the community, business and or other bodies as the

committee agrees to (non-voting member)

(vii) The Program Manager (non-voting member)

2. The Advisory Board shall at its Annual Meeting (held in line with the start of municipal

year) elect a Chair and Vice-Chair from among its voting members. In the event of both

being absent from the meeting, the Chair and Vice-Chair for whatever reason, the

Advisory Board shall elect a chair from amongst the voting members present for that

meeting. Only a voting member is entitled to be elected as Chair or Vice-Chair of the

Committee.

3. Four voting members of the Advisory Board shall constitute a quorum.

4. All questions shall be decided by a majority of the votes of the voting members present,

the Chair having the casting vote in addition to his/her vote as a member of the

Committee.

5. The Advisory Board shall meet as agreed at its Annual General Meeting and set the

forthcoming years timetable of meetings.

6. A meeting of the Advisory Board may also be convened by the Chair within 21 days of

the receipt of a requisition of any two voting members of the Advisory Board addressed

to the Secretary of the Advisory Board. All requisitions shall be in writing and no

business other than that specified in the requisition shall be transacted at such a

meeting. However in cases of genuine urgency a meeting of the Advisory Board may be

convened at any time by the Chair, upon 5 working days notice to all members of the

committee.

7. The Advisory Board shall from time to time appoint such sub-Advisory Boards to

consider and deal with any of the functions of the Advisory Board as may be thought

desirable. Membership of a sub-Advisory Board is determined by the Advisory Board and

must have a Councillor and LEP representative from the Advisory Board as members of

the sub-Advisory Board.

8. The Advisory Board Secretary shall be Walsall Council, and all meetings of the Advisory

Board shall take place at Walsall Council.

9. The role of the Secretary shall include:

i. the Secretary will be responsible for preparing the agenda and submitting reports

prepared by either of the Councils or other bodies to the Advisory Board and

minutes of the Advisory Board.

ii. The Secretary shall be responsible for making arrangements for

recommendations (including supporting reports) from the Advisory Board to the

Joint Committee are sent to the Secretary of the Joint Committee at Walsall

Metropolitan Borough Council to enable compliance with the necessary

legislative requirements for access to information

10. Members of the Advisory Board or sub-Advisory Board that are elected representatives

appointed by a Black Country Council must comply with their own Councils code of

conduct.

11. Non Councillor members of the Advisory Board or sub-Advisory Board with conflicts of

interest must comply with the following rules:

i. A conflict-of-interest arises where any decision potentially gives direct

commercial or financial payment or benefits to:

(a) you

(b) a close member of your family,

(c) an organisation that you are either:

(i) employed by or hold office with or

(ii) in which you own more than 10% of the issued share capital

ii. A conflict-of-interest as set out in situations above does not arise in relation to

any business regarding allocation of funding streams or Projects to be allocated

to or benefit the area of any of the four Black Country Councils.

iii. Upon a conflict-of-interest arising:

(a) in the case of a voting member that member must declare an interest and

not vote, but may remain in the room to make representations;

(b) in the case of non-voting members that member must declare an interest but

may remain in the room to make representations.

12. Gifts and hospitality policy for elected members will be the same as that of their own

local authority. For non elected voting members, they should declare any gifts or

hospitality that has a value over £25 which may be seen as related to their role on the

Advisory Board and or any specific scheme, Project or funding stream.

13. Only the Joint Committee can make amendments or variations to this Constitution and

Terms of reference.

FUNCTIONS OF CITY DEAL AND GROWTH DEAL ADVISORY BOARD

1) To receive reports from the Working Group, Black Country councils, central government,

the businesses community, Lead and or Accountable bodies under City Deal and Growth

Deal and Growth Deal and such other persons or bodies as the Advisory Board deems

appropriate.

2) To receive reports from any Sub Advisory Board of the Advisory Board.

3) To act as a strategic advisory body; reviewing and recommending objectives for strategic

investment across the Black Country in relation to the City Deal and Growth Deal,

including;

a. Providing a coherent single position on the major strategic City Deal and Growth

Deal issues;

b. Formulating proposals for allocation of spending;

c. Formulating proposals for major priorities;

d. Consider and agree recommendations made by Working Group;

e. Recommending Lead and or Accountable Body status for a body or organisation;

f. Referring final recommendations from the Working Group as to items a) to e) above

to the Joint Committee for formal approval.

4) Receiving regular monitoring reports from the Working Group on the City Deal and

Growth Deal program and/or funding streams and/or individual Projects upon the

effectiveness and performance of delivery by the Lead and/or Accountable Body

5) Reporting regularly or upon request of the Black Country Executive Joint Committee, and

in any event at least once a year to the annual general meeting of the Black Country

Executive Joint Committee, to the Joint Committee upon the effectiveness and

performance by the Lead and/or Accountable Body in delivering the City Deal and or

growth Deal initiatives, programmes and or funding streams for which they are

responsible

6) Influence and align government investment in order to boost economic growth;

7) To ensure alignment between decision making on City Deal and Growth Deal and

decisions on other areas of policy such as land use, transportation, economic

development and wider regeneration;

8) Co-ordinate and align decision making on other areas of policy such as land use,

transportation, economic development and wider regeneration with the LEPs ensuring

that business views are taken on board and that LEP growth plans are reflected in

strategic priorities;

9) Advising the Joint Committee in relation to the City Deal and Growth Deal capital

expenditure programmes and potential programs and ensuring policy and programmes

are delivered effectively through partners;

10) To report to the Joint Committee on such matter as it considers appropriate and relevant

to City Deal and Growth Deal and the Programme.

Appendix 11

Constitution and Terms of Reference of the Heads of Regeneration (Working Group) to the Advisory Board of the Joint Committee

The Black Country Heads of Regeneration (Working Group) will oversee the delivery of the programme making key recommendations to the Advisory Board of the Joint Committee.

CONSTITUTION

1. The Heads of Regeneration (Working Group) shall comprise of:

Decision making (voting) membership

• Relevant Executive Directors (or their nominated proxy) Adviser/support membership (none decisions making members) • Programme Manager • Regeneration Managers • Project Managers • Project Support Officers • Other officers as appropriate

2. The Heads of Regeneration (Working Group) shall at its Annual Meeting (held in line with

the start of municipal year) elect a Chair from among its voting members. In the event of the chair being absent from the meeting, the Heads of Regeneration (Working Group) shall elect a chair from amongst the voting members present for that meeting. Only a full voting member is entitled to be elected as Chair of the group.

3. The voting members can nominate an alternate member (nominated proxy) to attend on their behalf, who will for that meeting be considered a voting member, but may not chair the group.

4. Two voting members shall constitute a quorum. 5. All questions shall be decided by a majority of the votes of the voting members present,

the Chair having the casting vote in addition to his/her vote as a member of the Group.

6. The Heads of Regeneration (Working Group) shall meet as agreed at AGM and set the forthcoming year’s timetable of meetings.

7. A meeting of the Heads of Regeneration (Working Group) may also be convened by the

Chair within 14 days of the receipt of a requisition of voting member of the group. All requisitions shall be in writing and no business other than that specified in the requisition shall be transacted at such a meeting. However in cases of genuine urgency a meeting of the Advisory Board may be convened at any time by the Chair, upon 5 working days notice to all members of the committee.

8. Should urgent items occur that require immediate decisions, the chair may through the

appropriate mediums (phone, email etc.) contact the voting members and agree a

Appendix 11 decision, which must be confirmed in writing by each voting members contacted as soon as possible and discussed at the next scheduled meeting date.

9. The Heads of Regeneration (Working Group) shall from time to time appoint such sub- Working Groups to consider and deal with any of the functions of the Group as may be thought desirable. Membership of which is determined by the Heads of Regeneration (Working Group).

10. The Heads of Regeneration (Working Group) Secretary shall be Walsall Council, and all

meetings of the Group shall take place at Walsall Council, unless agreed otherwise by the chair.



prepared by either of the Councils or other bodies to the Group and minutes of the meetings.

ii. The Secretary shall be responsible for making arrangements for recommendations from the group, including supporting reports, to the Advisory Board.

12. Members of the Heads of Regeneration (Working Group) or sub- Groups that are

representatives appointed by a Black Country Council must comply with their own Councils code of conduct.

13. Members of the Heads of Regeneration (Working Group) or sub- Groups with conflicts of interest must comply with the following rules:

a. A conflict-of-interest arises where any decision potentially gives direct commercial or financial payment or benefits to: a. you, b. a close member of your family, a c. an organisation that you are either:

i. are employed by or hold office with or ii. in which you own more than 10% of the issued share capital

b. a conflict-of-interest as set out in situations above does not arise in relation to any

business regarding allocation of funding streams or Projects to be allocated to or benefit the area of any of the four Black Country Councils.

c. Upon a conflict-of-interest arising: i. in the case of a voting member that member must declare an interest

and not vote, but may remain in the room to make representations; ii. in the case of non-voting members that member must declare an

interest but may remain in the room to make representations.

14. Gifts and hospitality policy for elected members attending the group meeting will be the same as that of their own local authority. For non elected voting members, they should declare any gifts or hospitality that has a value over £25 which may be seen as related to

Appendix 11 their role on the Heads of Regeneration (Working Group) and or any specific scheme, Project or funding stream.

15. The Heads of Regeneration may invite external visitors to attend meetings; this can be for individual meeting to make for example a presentation or for a number of meetings against a theme of work commissioned etc. Visitors can take part in the debates associated with the agenda items for which they are invited, but not for the remainder of the meeting, unless invited to do so by the Chair. Visitors can not take part in any voting and must declare any conflicts of Interest on joining the meeting.

16. The following is an extract from the Joint Committee Collaboration Agreement, dated the 7th May 2014, setting these details out, which can only be changed by the Joint Committee

Functions of the Heads of Regeneration Working Group

1. Manage the Programme on an operational basis.

2. To manage promotion of the programme.

3. To agree the timeline for delivery of the implementation of the Programme, monitor progress and ensure that the key milestones are achieved.

4. To undertake the initial appraisal of Project proposals and agree them being worked up in a Business Case.

5. Approve Project Business Cases and provide recommendations to the Advisory Board in the form of the Business Case with recommendations.

6. To establish a Project Register setting out Project details including, Project Authority, Project Authority Project Lead officer, Project Objectives, funding amount, Key dates, specific tasks/targets that need to be delivered to ensure Project success, Project key risks and mitigation measures in place, any relevant cut of date for funding spend and latest Project position.

7. Executive Directors will ensure that the Project Register is kept fully up-to-date by officers, in their respective authorities, who are responsible for leading on the Projects for which their Authority is the Lead Authority.

8. To devise, oversee, manage and monitor the Programme and elements of it generally and specifically review and evaluate on a regular basis ongoing individual Projects progression and delivery against the Business Case for the Project, including any key miles stones, financial spend and compliance with any central Government grant terms.

9. Receive from Lead Authorities detailed updates on Projects in accordance with the timescales set out in the Business case or otherwise as necessary, and Provide written updates along with appropriate recommendations to the Advisory Board on the progress of the specific Projects.

10. To identify and manage risk for the Programme and individual Projects.

11. To ensure appropriate financial management is in place and complies with any government grant terms, EU and UK law, and accounting good practice.

12. Make recommendations to the Advisory Board on the progress of the specific Projects.

Appendix 11

Membership:

Decision making membership

• Relevant Executive Directors (or their nominated proxy) Adviser/support membership (none decisions making members)

• Programme Manager • Regeneration Managers • Project Managers • Project Support Officers • Other officers as appropriate

ITEM 4 - APPENDIX

BCJC – Collaborative Agreement – 7/5/14

Page 1 of 36

DATE: 7 MAY 2014

(1) WALSALL METROPOLITAN BOROUGH COUNCIL

(2) DUDLEY METROPOLITAN BOROUGH COUNCIL

(3) SANDWELL METROPOLITAN BOROUGH COUNCIL

(4) WOLVERHAMPTON CITY COUNCIL

-and-

(5) BLACK COUNTRY CONSORTIUM LIMITED

COLLABORATION AGREEMENT

in relation to

the Black Country Executive Joint Committee

City Deal and Growth Deal

Walsall Council

Civic Centre

Darwall Street

Walsall, WS1 1TP

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TABLE OF CONTENTS

1. Definitions ............................................................................................................................................. 4

2. Collaboration ........................................................................................................................................ 6

3. Appointment to Roles ........................................................................................................................... 8

4. Project Approval ................................................................................................................................... 8

5. Project Management ............................................................................................................................ 9

6. Project Audit and Claw-back ............................................................................................................... 10

7. General Obligations ............................................................................................................................ 11

8. Scrutiny of Joint Executive Committee decisions ............................................................................... 11

9. Documentation ................................................................................................................................... 11

10. Confidentiality ..................................................................................................................................... 12

11. Intellectual Property ........................................................................................................................... 12

12. Warranties .......................................................................................................................................... 12

13. Force majeure ..................................................................................................................................... 12

14. Duration and termination ................................................................................................................... 13

15. Variation .............................................................................................................................................. 13

16. Publicity and Public Relations ............................................................................................................. 14

17. Disputes .............................................................................................................................................. 14

18. Prioirty of diocuments ........................................................................................................................ 15

19. Complaints .......................................................................................................................................... 15

20. Local authority powers ....................................................................................................................... 15

21. Notices and service ............................................................................................................................. 15

22. Freedom of Information ..................................................................................................................... 16

23. Data Protection Act 1998 (the “DPA”) ................................................................................................ 16

24. Equality Act 2010 ................................................................................................................................ 16

25. General ................................................................................................................................................ 16

SCHEDULE 1 – Constitution and Terms of Reference of Advisory Board

SCHEDULE 2 – Working Group

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SCHEDULE 3 – Business Case Model

SCHEDULE 4 – Constitution and terms of reference of the Black Country Executive Joint

Committee

SCHEDULE 5 – Decision and Oversight Matrix

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THIS AGREEMENT is made on the day of 2014

BETWEEN:

(1) WALSALL METROPOLITAN BOROUGH COUNCIL of Civic Centre, Darwall Street, Walsall, WS1 1TP (“Walsall”);

(2) DUDLEY METROPOLITAN BOROUGH COUNCIL of The Council House, Priory Road, Dudley, West Midlands, DY1 1HF (“Dudley”);

(3) SANDWELL METROPOLITAN BOROUGH COUNCIL of Freeth Street, PO Box 2374 Oldbury, B69 3DE (“Sandwell”);

(4) WOLVERHAMPTON CITY COUNCIL of Civic Centre, St Peter’s Square, Wolverhampton, WV1 1RG (“Wolverhampton”); and

(5) BLACK COUNTRY CONSORTIUM LIMITED (Company Registration number 05159791) whose registered office is at The Deckhouse, Waterfront West, Dudley Road, Brierly Hill, DY5 1LW (“BCC”)

(each being a Party together being “the Parties”).

WHEREAS:

(A) The Parties have agreed to collaborate [to administer the allocation by central Government of funding across the Black Country area which comprises the administrative boundaries of Walsall, Dudley, Sandwell and Wolverhampton known as [“City Deal and “Growth Deal”] (together “the Programme”).

(B) The Executives of each Party have agreed to establish a Joint Executive Committee the Constitution and Terms of Reference of which are set out at Schedule 4 pursuant to Section 101(5) of the Local Government Act 1972 and regulations issued under Section 9EB of the Local Government Act 2000. The decision dates respectively being Walsall Cabinet 11 September 2013, Dudley Cabinet 30 October 2013, Sandwell Cabinet 13 November 2013, Wolverhampton Cabinet 4 December 2013.

(C) The Parties are empowered under Section1 of the Localism Act 2011 to ”do anything that individuals generally may do” and BCC is a company limited by guarantee that may carry out general public administration activities and will help to facilitate the Programme

(D) The purpose of this Collaboration Agreement is to set out a framework for joint working between the Parties to enable delivery of the Programme.

1. Definitions

1.1. Interpretation

In this Agreement the following words and expressions have the following meanings:

Accountable Body means the local Authority allocated by the Joint Committee to be the Accountably Body to central government for the Deal or any parts thereof.

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Authority means one of the four Council signatories to this agreement.

Advisory Board means the Black Country wide Advisory Board which will oversee the delivery of the Programme in accordance with it’s Terms and Reference as set out in Schedule 1.

Business Case means the business case which sets out a Project proposal in the format as set out in Schedule 3 and which is ultimately approved by the Joint Committee to enable Project commencement.

Deal means City Deal and / or Growth Deal and / or any subsequent amended or replacement for them as determined by central Government.

Force Majeure means any circumstances beyond the reasonable control of any Party (including, without limitation, any strike, lock-out or other form of industrial action)

Funding Agreement means any funding agreement and related documents to be entered into between the Accountable Body and central government.

Governance Structure means the decision making structure for the Joint Committee as set out in the constitution of the Joint Committee and Advisory Board and this Collaboration Agreement.

Intellectual Property Rights means all patents, trade marks, copyright, moral rights, rights to prevent passing off, rights in designs, know how and all other intellectual or industrial property rights, in each case whether registered or unregistered and including applications or rights to apply for them and together with all extensions and renewals of them, and in each and every case all rights or forms of protection having equivalent or similar effect anywhere in the world

Joint Committee means the Joint Committee that has been established as a legally formed body of the Cabinets of Walsall, Dudley, Sandwell and Wolverhampton and is known as the “Black Country Executive Joint Committee” and which will carry out it’s decision making in accordance with the Governance Structure approved by each Party.

Joint Executive Committee Terms of Reference and Constitution means the Terms and Reference and Constitution as set out in Schedule 4 which has been approved by the Executive of each Council.

Lead Authority means the local authority allocated by the Joint Committee to be the Lead authority for delivery of a particular Project

Material Change in Circumstances means a change that does or is likely to significantly affect or impact upon delivery of the Programme or any Projects under it which necessitates a change in any decision made by the Joint Committee or if such circumstances where known at the time of the Joint Committee decision it would have potentially influenced the Joint Committee to make different decision than the one that was made originally.

Monitoring Procedures means the Programme monitoring procedures, Programme audits and any other reporting, monitoring or audit processes required by a central Government department in relation to the Programme

Objectives and Outputs means the successful delivery and completion of all Projects and or

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initiatives as agreed by the Joint Committee together with such other objectives and outputs as are adopted by the parties from time to time in accordance with this Agreement

Programme means the operational element of initiative and funding from central Government for the Black Country area which comprises the administrative boundaries of Walsall, Dudley, Sandwell and Wolverhampton known as “City Deal and “Growth Deal” including any individual Projects, funding streams comprising part of the Deal.

Programme Manager means an officer appointed by Walsall Council to fulfil the roles and duties of the Programme Manager as detailed in this agreement.

Project means an individual Project or initiative within the overall Programme that is subject to an application to the Joint Committee for funding to be allocated to it pursuant to the Programme

Working Group means the meeting of the Executive Directors as set out in Schedule 2

1.2. In this Agreement:

1.3. the clause headings do not affect its interpretation,

1.4. words in the singular shall include the plural and vice versa,

1.5. unless otherwise indicated, references to clauses and Schedules are to clauses of and Schedules to this Agreement and references in a Schedule to a paragraph are to a paragraph of that Schedule,

1.6. references to any statute or statutory provision include references to:

1.7. all Acts of Parliament and all other legislation having legal effect in the United Kingdom,

1.8. any subsequent statutes directly or indirectly amending, consolidating, extending, replacing or re-enacting that statute and also include any orders, regulations, instruments or other subordinate legislation made under that statue,

1.9. a person includes a natural person, corporate or unincorporated body or organisation and their successors and permitted assigns,

1.10. including means including, without limitation,

1.11. if any provision is held to be illegal, invalid or unenforceable that provision shall be struck out and the legality, validity and enforceability of the remainder of the Agreement is to be unaffected.

2. Collaboration

2.1. The Parties agree to work in a spirit of mutual co-operation to fulfil their agreed roles and responsibilities to achieve the Objectives and Outputs, and to put in resources to the extent set out in this Agreement.

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2.2. Each Party which is an Authority has agreed to form a Joint Committee which will undertake the functions as set out in the Joint Committee Terms of Reference and Constitution as set out in Schedule 4.

2.3. Walsall Council as secretary to the Joint Committee will publish in accordance with its own constitution all agendas, reports, Forward plan and minutes of the Joint committee and will distribute all agendas, reports, and minutes of the Joint Committee to the Authority Parties within such timescales that will allow the Authority parties to comply with their statutory Access to Information requirements Walsall as secretary will maintain the Forward Plan of the Joint Committee and submit the plan to all parties in a timely manner

2.4. The Authority Parties have agreed the principles of how the Joint Committee will operate which is set out in the Governance Structure. Walsall will provide copies of all agendas, reports, and minutes to all Authority parties as soon as they become available for publication in accordance with any legislative requirements.

2.5. Each Party shall:

2.5.1. carry out the tasks and contribute sufficient resources and facilities to ensure that the Programme objectives are meet and commitments under this agreement are meet;

2.5.2. co-operate with each other and do such acts, matters and things as may be necessary or desirable to implement the decisions of the Parties and in order to complete the Programme,

2.5.3. keep the other Parties fully informed of the progress of and of any matters relevant to the Programme and make available to the other Party all relevant information, data, reports and opinions in relation to the Programme,

2.5.4. immediately notify the other Parties in writing if there is an unexpected problem which are likely to cause a material delay to achievement of any of the objectives of the Programme or any particular stage of the Programme or any material increase in the costs of the Programme or if any Party becomes aware of the action of any third party which threatens to affect adversely the progress of the Programme or the reasonable expectations of either Party hereunder.

2.6. The direction of the Programme shall be vested in the Joint Committee which shall be advised by Advisory Board which shall carry out it’s role in accordance with it’s Constitution and Terms of Reference.

2.7. The planning, and overall management of the Programme including initial appraisal of Project proposals shall be vested in the Working Group. The terms of reference, composition, roles and responsibilities and modus operandi of the Working Group are set out in Schedule 2. Without prejudice to the generality of the foregoing, the matters set out in Schedule 2 shall only be agreed by the Working Group.

2.8. The final decision making on Project Approval, including material changes to approved Projects, shall be vested in the Black Country Executive Joint Committee. Material changes are variations to a Project that change the nature, outcome or objectives of a Project for the avoidance of doubt material variations includes but is not limited to:

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2.8.1 changes that mean that the Project objectives as approved by the Joint

committee will no longer be achieved;

2.8.2 An increase in the budget or expenditure of 5% or more on a Project;

2.8.3 Any change in timescales that will adversely affect the Project and or its

objectives

2.9 Where a Material Change in Circumstances occurs after a Project has been approved by

the Joint Committee, the Joint Committee must be advised of that Material Change in

Circumstances as soon as practicable after the Lead Authority for a Project becomes

aware of the Material Change in Circumstances.

3. Appointment to Roles

3.1 The Joint Committee will decide the apportionment of the role of Accountably Body and or

Lead Authority.

3.2 Appointment to the Accountably Body role can be on a Project by Project basis, Project

rotation, Project specific and or overall for all City Deal and or Growth Deal funding.

3.3 Appointment to Lead Authority will be decided upon on a Project by Project basis by the

Joint Committee.

3.4 Where the Accountably Body and Lead Authority are one and the same the respective

duties of those roles as defined in this agreement, agreed by the Joint Committee, or

otherwise set out in a Joint Committee approved Project Business Case shall be

concurrent.

3.5 The Joint Committee will with the agreement of the Accountable Body decide how the

Accountable Body will recover the costs associated with the implementation of the City

Deal initiative. Except as specifically agreed between the Parties, the cost of all officer

time and resources necessary to perform the role of Accountable Body shall be met from

the funding available and not from the budgets of the Parties to this Agreement.

4. Project Approval

4.1. Project proposals shall be worked up by the parties to this agreement, for the avoidance of doubt any Project proposal put forward by the Parties can be a Project proposal initiated by a third Party. Where such a Project proposal is initiated by a third Party the Project proposer must detail the third Party who intuited the Project proposal.

4.2. The process for Project proposals shall be:

4.3. Initial presentation of a headline Project proposal to the Working Group by the proposing Party for approval and the agreement for a Business Case to be prepared for the proposed Project.

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4.4. If the Working Group consider any proposal made to it warrants further consideration and referral to the Advisory Board then the Working Party shall prepare the proposal in the Business Case Model format as set out in Schedule 3. At that stage of initial Project approval the Working Group will for each Project designate a proposed Lead Authority for the purpose of preparing and presenting the Project Business Case to the Working Group for approval and submission to the Advisory Board. For the avoidance of doubt the final decision on the Lead Authority status for any Project is at the point of Project approval by the Joint Committee.

4.5. If agreement of the Advisory Board is given for the submission of Business Case to the Joint Committee the designated Lead Authority and BCC shall jointly present the Business Case to the Joint Committee for approval supported by a report in the format as agreed by the Joint Committee.

4.6. The above stages can involve comment, clarification and requests for amendment and re submission of a Project proposal or Business Case following consideration at any stage during the process of approval leading up to final Project approval by the Joint Committee.

5. Project Management

5.1. When appointed Lead Authority the Lead Authority will assign a member of staff to the role of Project Manager and provide sufficient support officers to ensure delivery of the Programme and the Projects.

5.2. The Lead Authority shall be responsible for writing and submitting updates and progress reports jointly with BCC as set out in the Business Case and in any event as requested by the Working Group, Advisory Board and Joint Committee. For the avoidance of doubt the Lead Authority for any Project will send its relevant Executive Director or his representative to all meetings at which the Projects for which they are Lead Authority are being considered.

5.3. The Parties will set up a Working Group in accordance with Schedule 2 and the role of the Working Group will be as set out in schedule 2. Notwithstanding anything contained within this agreement and the schedules the Parties role at the Working Group will be to have overall operational responsibility for the implementation of the Programme and all of its elements.

5.4. The Advisory Board as set out in schedule 1 will oversee the delivery of the Programme, regularly receiving reports prepared by the Lead Authority from the Working Group as required by the Advisory Board on progress of any Project, in addition to the reporting timescales as set out in the Business Case for each Project and any reports the Working Group chose. Nothing within this agreement shall prevent the Accountable Body from reporting to the Advisory Board or Joint Committee as it considers necessary.

5.5. Unless agreed otherwise with central government and subject to at all times compliance with EU procurement law requirements all procurement of goods, works and or services needed for or in the delivery of Projects shall be procured in accordance with the Lead Authorities constitution and in particular contract and or procurement rules.

5.6. The Parties roles and responsibilities in relation to the Programme’s, the Joint Committee, the Advisory Board and or the Working Group as set out in this agreement shall be carried

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out by personnel of the Parties and no charge shall be made to the Programme in respect of costs except for where costs have been agreed to claimed by a Party either as part of an approved Business Case and or by the Joint Committee at any time.

5.7. The Programme Manager will be responsible for arranging the Working Group and Advisory Board meetings, their agenda, minuting decisions, and will be responsible maintaining the Project Register and providing such written updates to Working Group, Advisory Board and Joint Committee on the Project Register and generally the progress of specific Programme tasks and Projects as appropriate.

5.8. The Parties agree that they shall ensure officers attend Programme Manager meetings arranged and chaired by the Programme Manager comprising of lead regeneration officers, Project Managers and Project support officers and any other relevant officers the purpose of which is to develop the Programmes priorities, initial Project proposals, Project updates and generally as necessary to enable the Programme Manger to manage the Programme effectively.

6. Project Audit and Claw-back

6.1. Each Party shall be responsible for ensuring compliance with all financial requirements imposed under any grant terms imposed by central Government for any element of the Program or Project for which they are the Lead Authority.

6.2. At all times each Party will be responsible for ensuring that adequate audit arrangement are in place for any element of the Program or Project for which they are the Lead Authority including providing free and unfettered access to all information and documentation in relation to the Programme and or Project for which they are the Lead Authority.

6.3. Each Party agrees to give an Accountable Body and Lead Body unrestricted and unfettered access to all information and documentation in relation to any element of the Programme and or Project for which they are the Lead Authority including providing copies of any such information and or documentation free of charge.

6.4. In the event of any irregularity of any expenditure declared by any the auditor of a Party or the Accountable Body’s auditor that Party shall be liable in respect of such irregularity and shall be required to repay to the Accountable Body any amounts unduly paid.

6.5. Subject to Clause 6.4, and unless agreed otherwise by the Joint Committee, the Parties agree that in the event that any monies are clawed back from the Accountable Body by central Government as the Accountable Body pursuant to any Funding Agreement, then all of the Parties will:

6.5.1. take all reasonable steps to mitigate the amount of monies clawed back from the Accountable Body; and

6.5.2 save where there is an administrative irregularity by the Accountable Body or

Lead Body declared by an auditor of a party and accepted by the Joint

Committee the parties shall meet the costs of the claw-back in the same

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proportion to the programme funding that has been expended within their

administrative area.

7. General Obligations

7.1. The Parties agree that they will be bound by the terms of any City Deal or Growth Deal Funding Agreement(s) entered into by the Accountable Body or Lead Authority as if they had entered into the agreement in so far as the actions of a Party causes or Leads to a breach of the Funding Agreement by the Accountable Body or Lead Authority.

7.2. The Parties agree that they shall be required to comply directly with the terms of any Funding Agreement if they are a recipient of any funding derived from the Funding Agreement.

7.3. The Parties agree to assist, co-operate and comply with the Monitoring Procedures and will work together to resolve or rectify any errors or irregularities identified during the Monitoring Procedures or otherwise.

7.4. Each Party shall be liable for any cost implications or irregularities or errors attributable primarily to it and identified during any Monitoring Procedures.

7.5. Each Party indemnifies the others against all claims, liabilities, costs, expenses, damages or losses suffered by the others arising out of the negligence, default or breach by such Party of this Agreement or the Funding Agreement and each Party shall be responsible for maintaining sufficient insurance where available in respect of such liabilities under this Agreement.

7.6. Each Party shall at all times take all reasonable steps to minimise and mitigate any loss for which the relevant Party is entitled to bring a claim against another pursuant to this Agreement.

8. Scrutiny of Joint Committee decisions

8.1. As and when required by an Overview and Scrutiny Committee or Board or an Audit Committee of any Party the member of the Joint Committee for the Authority whose the Overview and Scrutiny Committee or Board or Audit Committee has instigated an investigation shall take the lead responsibility for accounting for the activities of the Joint Committee to the Overview and Scrutiny Committee or Board or Audit Committee and shall attend such meetings of those committees of its Authority as necessary.

8.2. The Parties shall liaise and co operate at all times with the Authority whose Overview and or Scrutiny Committee or Audit Committee have made requests for information and or reports and use all reasonable endeavours to assist that Authority in responding to such requests but for the avoidance of doubt no Party its officers or members shall be required to attend the Overview and or Scrutiny Committee or Board or an Audit Committee of any other Party.

9. Documentation

9.1. The Working Group will produce the initial drafts of the standard documentation for the Programme for approval by the Advisory Board.

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10. Confidentiality

10.1. Each Party shall use all reasonable endeavours to keep in strict confidence, and shall bind all its employees and agents to keep in strict confidence, all commercial and technical information in whatever form acquired by it (whether directly or indirectly) concerning another Party in consequence of this Agreement (hereinafter called Confidential Information). No Party shall, save as hereinafter provided, use or disclose any such Confidential Information other than for the purposes of the Programme or as expressly permitted by this Agreement. The foregoing restriction shall not apply to:

10.2. information which at the time of disclosure is generally available to the public,

10.3. information which the Parties obliged to release under the provisions of the Freedom of Information Act 2000,

10.4. information which after disclosure becomes generally available to the public through no fault of the receiving Party,

10.5. information which the receiving Party can show was in its possession prior to the disclosure and which was not acquired directly or indirectly from the other Party, and

10.6. information which the receiving Party can show was received by it after the time of disclosure from any Party without any obligation of confidentiality and which was not acquired directly or indirectly from the other Party.

10.7. The confidentiality obligations set out in this clause shall survive for a period of five (5) years after the termination of the Programme

10.8. Each Party shall impose the same confidentiality obligations set out in this clause 9 upon its affiliates, consultants and other third parties who are in association with it and may have access to any Confidential Information during the term of this Agreement.

11. Intellectual Property

11.1. The Parties agree that all Intellectual Property Rights relating to the Programme shall unless otherwise agreed in writing belong to the Parties jointly, and that the Parties will use all reasonable endeavours to ensure that each receive appropriate rights to any Intellectual Property Rights created during and relating to the Programme.

12. Warranties

12.1. Each Party warrants to the other Parties that:

12.2. it has the necessary right and authority to enter into this Agreement,

12.3. the signatories hereto for and on behalf of that Party are authorised and fully empowered to execute this Agreement on that Party’s behalf.

13. Force majeure

13.1. If any Party is affected by Force Majeure it shall forthwith notify the other Parties of the

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nature and extent thereof.

13.2. No Party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other, by reason of any delay in performance, or the non-performance, of any of its obligations hereunder, to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the other Parties, and the time for performance of that obligation shall be extended accordingly.

13.3. If the Force Majeure in question prevails for a continuous period in excess of three months, the Parties shall enter into bona fide discussions with a view to alleviating its effects, or to agreeing upon such alternative arrangements as may be fair and reasonable.

14. Duration and termination

14.1. The provisions of this Agreement shall come into force on the Commencement Date and, subject to the provisions of clause 14.2 shall continue in force until the completion of the Programme.

14.2. A Party may only withdraw from this Agreement by three month’s written notice to the others parties and the Joint Committee if the Party has not received funding or the benefit of funding under the programme within their administrative area and or the Programme is terminated.

14.3. In the event of any one or more Party giving notice to terminate this agreement then the Joint Committee shall meet within one month of the service of any such notice of termination for the purposes of preparing an implementation plan for the termination. The Parties shall each act reasonably in co-operating with each other to facilitate the termination and the Party giving notice of termination( or if there is more than one such Party then each of them in equal shares) shall bear all costs arising out of or in connection with such termination and shall indemnity the remaining parties against all costs and expenses incurred or to be incurred by them arising out of or in connection with that termination

14.4. No relaxation, forbearance, delay or indulgence by any Party in enforcing any of the terms of this Agreement or the granting of time by any Party to any other shall prejudice, affect or restrict the rights and powers of that Party in relation to the other, nor shall any waiver by any Party of a breach of this Agreement be considered as a waiver of any subsequent breach of the same or any other provision.

14.5. The rights to terminate or withdraw from this Agreement given by this clause 14 shall not prejudice any other right or remedy of any Party in respect of the breach concerned (if any) or any other breach.

15. Variation

15.1. The Joint Committee shall from time to time review the operation of this Agreement and implementation of the Programme. Such reviews to be undertaken every two years or at such other interval as appear to the Joint Committee to be appropriate and the Joint Committee shall make proposals to the Member Authorities for any changes which seem to the Joint Committee to be reasonable and appropriate in the circumstances which shall be dealt with be a Deed of Variation appended to this Agreement.

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16. Publicity and Public Relations

16.1. The Parties shall co-operate and consult with each other in respect of any matter involving public relations in so far as reasonably practicable having regard to the nature and urgency of the issue involved. The Parties acting through Advisory Board and the Joint Committee may agree protocols for the handling of public relations from time to time.

17. Disputes

17.1. If any dispute arises between the Parties arising out of the provisions of this Agreement the Parties shall endeavour to resolve the dispute by agreement as quickly as possible but if the dispute has not been resolved within ten (10) Working Days then either Party may request the others to participate in a meeting of their Chief Executives. The parties in dispute shall exchange statements at least three (3) clear Working Days prior to the date of the meeting, setting out their respective views of the disputed issues. If the Chief Executives do agree a strategy for the resolution of the dispute the Parties shall then liaise in good faith to arrange and implement the strategy for resolution within ten (10) Working Days of the meeting.

17.2. If notwithstanding any steps taken by the Parties pursuant to clause 17.1, the dispute between them remains unresolved then at the request of any Party it shall be referred (in the absence of any express provision to the contrary) to an Independent Person appointed jointly by the Parties.

17.3. The Independent Person is to have at least 10 years relevant post qualification experience and his/her identity shall be agreed between the Parties.

17.4. If the Parties cannot agree on the Independent Person’s identity the Independent Person is to be appointed at the request of any of the Parties by the president or chairman for the time being of whichever of the following bodies is most appropriate having regard to the nature of the dispute:

17.5. The Royal Institution of Chartered Surveyors;

17.6. The Institute of Chartered Accountants in England & Wales; or

17.7. The Law Society of England and Wales.

17.8. The Independent Person is to act as arbitrator in accordance with the Arbitration Act 1996 and the costs of the arbitration shall be payable by the Parties in the proportions determined by the Independent Person unless agreed otherwise the default position being as determined under the Arbitration Act 1996.

17.9. Where costs of the Independent Person remain unpaid by the Party liable to pay them pursuant to this clause, the other Parties or any of them may discharge those costs and recover the sum so paid from the defaulting Party as a debt on written demand.

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18. Priority of documents

18.1. In the event of any inconsistencies between the terms of this agreement and its Schedules the Parties are the following order of priority of documents:

18.1.1. This Agreement

18.1.2. The Constitution of the Joint Committee

18.1.3. The Constitution of the Advisory board

18.1.4. The Constitution of the Working Group

19. Complaints

19.1. In the event of a complaint about a Project being received the Lead Authority for that project will manage the complaint and shall report regularly as necessary upon the complaint and in any event at the conclusion of the complaint.

20. Local authority powers

20.1. Nothing in this Agreement shall prejudice or affect any of the statutory rights powers obligations and duties for the time being vested in the Parties.

21. Notices and service

21.1. Any notice or other information required or authorised by this Agreement to be given by any Party to the other Parties shall be given by:

21.2. delivering the same by hand,

21.3. sending the same by pre-paid registered post, or

21.4. sending the same by facsimile transmission,

21.5. to the other Party or Parties at the address given at the beginning of this Agreement or such other address as has been notified to the parties in writing.

21.6. Any notice or information sent by post in the manner provided by clause 21.1 which is not returned to the sender as undelivered shall be deemed to have been given on the second day after the envelope containing it was so posted, and proof that the envelope containing any such notice or information was properly addressed, pre-paid, registered and posted, and that it has not been returned to the sender, shall be sufficient evidence that the notice or information has been duly given.

21.7. Any notice or information sent by facsimile transmission shall be deemed to have been duly given on the date of transmission, provided that a confirming copy is sent to the other Party or Parties at the appropriate address within

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22. Freedom of Information

22.1. The Parties acknowledges that they are subject to the requirements of the code of practice on access to government information, the Freedom of Information Act 2000 (“FOIA”) and the Environmental Information Regulations (“EIR”) and shall assist and cooperate with each other to enable the Parties to comply with their information disclosure obligations.

22.2. The Parties shall provide all necessary assistance as reasonably requested by the other Parties to enable the other Parties to respond to any requests for information that falls under the FOIA or EIR and is related to the Project (“Request for Information”) within the time for compliance set out in section 10 of the FOIA or regulation 5 of the EIR.

22.3. The Party who received the initial Request for Information shall be responsible for responding to the initial request and determining in its absolute discretion and notwithstanding any other provision in this Agreement or any other agreement whether any information is exempt from disclosure in accordance with the provisions of the code of practice on access to government information, FOIA or the EIR.

22.4. The Parties shall ensure that all information produced in the course of this Agreement is retained for disclosure and shall permit the other Parties to inspect such records as requested from time to time.

23. Data Protection Act 1998 (the “DPA”)

23.1. With respect to the parties' rights and obligations under this Agreement, the Parties agree to each comply with the obligations imposed on them by the DPA as a Data Controller and to ensure that Personal Data (as defined in the DPA) is processed only in accordance with their own policies on data protection, information security and retention of personal data to comply with their obligations under the DPA.

24. Equality Act 2010

24.1. The Parties agree to each comply with the obligations imposed on them by the Equality Act 2010.

25. General

25.1. This Agreement is personal to each of the Parties and no Party may assign, mortgage, charge or (except as otherwise provided in this Agreement) license any of its rights hereunder, or sub-contract or otherwise delegate any of its obligations hereunder, except with the written consent of all the other Parties.

25.2. Nothing in this Agreement shall create, or be deemed to create, a partnership, or the relationship of principal and agent, between the Parties.

25.3. The Parties will act in good faith towards each other in relation to the Programme and in achieving the Objectives and Outputs of the Programme and in complying with this Agreement and the Funding Agreement.

25.4. If any provision of this Agreement is held by any competent authority to be invalid or

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unenforceable in whole or in part, this Agreement shall continue to be valid as to the other provisions thereof and the remainder of the affected provision.

25.5. This Agreement, the Funding Agreement and the documents referred to in it, constitutes the entire agreement and understanding of the Parties and supersedes any previous agreement between the parties relating to the subject matter of this Agreement.

25.6. All of the parties acknowledge and agree that in entering into this Agreement, and the documents referred to in it, it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether Party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this clause shall, however, operate limit or exclude any liability for fraud.

25.7. All payments by any Party pursuant to this Agreement are exclusive of any applicable value added tax except where expressed to the contrary, and if any such value added tax is payable, the Party in question shall be additionally liable for such tax, which shall accordingly be shown on the relevant VAT invoice.

25.8. No variation to this Agreement or of any of the documents referred to in it shall be valid unless it is in writing and signed by and on behalf of all of the Parties.

25.9. Every Party shall from time to time do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of this Agreement.

25.10. The Parties shall bear their own costs of and incidental to the preparation, execution and implementation of this Agreement.

25.11. The Parties do not intend that any of this Agreement should be enforceable pursuant to the Contracts (rights of Third Parties) Act 1999 by any person who is not a Party to this Agreement.

20.12 This Agreement shall be governed by and construed in accordance with the laws of

England and Wales

SIGNED by or on behalf of the parties on the date which first appears in this Agreement

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SCHEDULE 1

Constitution and Terms of Reference of Advisory board

The Black Country wide Advisory Board will oversee the delivery of the programme making key recommendations to the Joint Committee.

CONSTITUTION

1. The Advisory Board shall comprise of:

I. The Cabinet member for regeneration for four Black Country local authorities

(voting members)

II. Four business community representatives of the Black Country LEP (voting

members)

III. The Executive Directors of the Black Country local authorities with responsibility

for regeneration (non-voting member)

IV. A Black Country Consortium Ltd representative (non-voting member)

V. Such government department representatives as the committee agrees to (non-

voting member)

VI. Such representatives of the community, business and or other bodies as the

committee agrees to (non-voting member)

VII. The Program Manager (non-voting member)

2. The Advisory Board shall at its Annual Meeting (held in line with the start of municipal year)

elect a Chair and Vice-Chair from among its voting members. In the event of both being

absent from the meeting, the Chair and Vice-Chair for whatever reason, the Advisory Board

shall elect a chair from amongst the voting members present for that meeting. Only a voting

member is entitled to be elected as Chair or Vice-Chair of the Committee.

3. Four voting members of the Advisory Board shall constitute a quorum.

4. All questions shall be decided by a majority of the votes of the voting members present, the

Chair having the casting vote in addition to his/her vote as a member of the Committee.

5. The Advisory Board shall meet as agreed at AGM and set the forthcoming years timetable

of meetings.

6. A meeting of the Advisory Board may also be convened by the Chair within 21 days of the

receipt of a requisition of any two voting members of the Advisory Board addressed to the

Secretary of the Advisory Board. All requisitions shall be in writing and no business other

than that specified in the requisition shall be transacted at such a meeting. However in

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cases of genuine urgency a meeting of the Advisory Board may be convened at any time by

the Chair, upon 5 working days notice to all members of the committee.

7. The Advisory Board shall from time to time appoint such sub- Advisory Boards to consider

and deal with any of the functions of the Advisory Board as may be thought desirable.

Membership of which is determined by the Advisory Board subject to a any Advisory Board

must have a Councillor and LEP representative from the Advisory Board as members of the

sub-Advisory Board.

8. The Advisory Board Secretary shall be Walsall Council, and all meetings of the Advisory

Board shall take place at Walsall Council.



prepared by either of the Councils or other bodies to the Advisory Board and

minutes of the Advisory Board.

ii. The Secretary shall be responsible for making arrangements for recommendations

from the Advisory Board , including supporting reports, to the Joint Committee will be

sent to Walsall Metropolitan Borough Council secretary of the Joint Committee to

enable compliance with the necessary legislative requirements for access to

information

10. Members of the Advisory Board or sub- Advisory Board that are elected representatives

appointed by a Black Country Council must comply with their own Councils code of conduct.

11. Non Councillor members of the Advisory Board or sub- Advisory Board with conflicts of

interest must comply with the following rules:

a. A conflict-of-interest arises where any decision potentially gives direct commercial or

financial payment or benefits to:

a. you,

b. a close member of your family, a

c. an organisation that you are either:

i. are employed by or hold office with or

ii. in which you own more than 10% of the issued share capital

b. a conflict-of-interest as set out in situations above does not arise in relation to any

business regarding allocation of funding streams or Projects to be allocated to or

benefit the area of any of the four Black Country Councils.

c. Upon a conflict-of-interest arising:

i. in the case of a voting member that member must declare an interest and

not vote, but may remain in the room to make representations;

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ii. in the case of non-voting members that member must declare an interest

but may remain in the room to make representations.

12. Gifts and hospitality policy for elected members will be the same as that of their own local

authority. For non elected voting members, they should declare any gifts or hospitality that

has a value over £25 which may be seen as related to their role on the Advisory Board and

or any specific scheme, Project or funding stream.

13. Only the Joint Committee can make amendments or variations to this Constitution and

Terms of reference.

Functions of the Advisory Board

1) To receive reports from the Working Group, Black Country councils, central government, the

businesses community, Lead and or Accountable bodies under City Deal and Growth Deal

and Growth Deal and such other persons or bodies as the Advisory Board deems

appropriate.

2) To receive reports from any Sub Advisory Board of the Advisory Board.

3) To act as a strategic advisory body; reviewing and recommending objectives for strategic

investment across the Black Country in relation to the City Deal and Growth Deal, including;

a. Providing a coherent single position on the major strategic City Deal and Growth Deal

issues;

b. Formulating proposals for allocation of spending;

c. Formulating proposals for major priorities;

d. Consider and agree recommendations made by Working Group;

e. Recommending Lead and or Accountable Body status for a body or organisation;

f. Referring final recommendations from the Working Group as to items a) to e) above to

the Joint Committee for formal approval.

4) Receiving regular monitoring reports from the Working Group on the City Deal and Growth

Deal program and/or funding streams and/or individual Projects upon the effectiveness and

performance of delivery by the Lead and/or Accountable Body

5) Reporting regularly or upon request of the Joint Committee, and in any event at least once a

year to the annual general meeting of the Joint Committee, to the Joint Committee upon the

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effectiveness and performance by the Lead and/or Accountable Body in delivering the City

Deal and or growth Deal initiatives, programmes and or funding streams for which they are

responsible

6) Influence and align government investment in order to boost economic growth;

7) to ensure alignment between decision making on City Deal and Growth Deal and decisions

on other areas of policy such as land use, transportation, economic development and wider

regeneration;

8) Co-ordinate and align decision making on other areas of policy such as land use,

transportation, economic development and wider regeneration with the LEPs ensuring that

business views are taken on board and that LEP growth plans are reflected in strategic

priorities;

9) Advising the Joint Committee in relation to the City Deal and Growth Deal capital

expenditure programmes and potential programs and ensuring policy and programmes are

delivered effectively through partners;

10) To report to the Joint Committee on such matter as it considers appropriate and relevant to

City Deal and Growth Deal and the Programme.

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SCHEDULE 2

Working Group

Manage the Programme on an operational basis.

To manage promotion of the programme.

To agree the timeline for delivery of the implementation of the Programme, monitor progress and ensure that the key milestones are achieved.

To undertake the initial appraisal of Project proposals and agree them being worked up in a Business Case

Approve Project Business Cases and provide recommendations to the Advisory Board in the form of the Business Case with recommendations.

To establish a Project Register setting out Project details including, Project Authority, Project Authority Project Lead officer, Project Objectives, funding amount, Key dates, specific tasks/targets that need to be delivered to ensure Project success, Project key risks and mitigation measures in place, any relevant cut of date for funding spend and latest Project position.

Executive Directors will ensure that the Project Register is kept fully up-to-date by officers, in their respective authorities, who are responsible for leading on the Projects for which their Authority is the Lead Authority.

To devise, oversee, manage and monitor the Programme and elements of it generally and specifically review and evaluate on a regular basis ongoing individual Projects progression and delivery against the Business Case for the Project, including any key miles stones, financial spend and compliance with any central Government grant terms.

Receive from Lead Authorities detailed updates on Projects in accordance with the timescales set out in the Business case or otherwise as necessary, and Provide written updates along with appropriate recommendations to the Advisory Board on the progress of the specific Projects.

To identify and manage risk for the Programme and individual Projects

To ensure appropriate financial management is in place and complies with any government grant terms, EU and UK law, and accounting good practice.

Make recommendations to the Advisory Board on the progress of the specific Projects.

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Membership:

Decision making membership

Relevant Executive Directors (or their nominated proxy) Adviser/support membership (none decisions making members)

Programme Manager

Regeneration Managers

Project Managers

Project Support Officers

Other officers as appropriate

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SCHEDULE 3

Business case model

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Business Case Front Page

Name of Project

Key Decision

Yes/No If the final decision that is required for this project is a Key Decision it needs to be included in the Forward Plan of each Council.

Description of Project

Project Objectives

Delivery and Risk

Proposed Lead Authority

Project Lead Officer

Project Support Officer

Key Delivery Partners:

Collaboration with other

City Deals/Body’s/LEPs

Key Milestones

(Reportable to the

Advisory Board and Joint

Committee)

Project Timetable

attached

(NB must includes key

stages for update reports)

Yes/No NB If No the Project cannot go to Advisory Board/Joint Committee for approval

Aligned Activity or other Projects Local Programmes

European

Value for Money

Input – Level of

Investment

Secured:

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Unsecured:

Match Funding Sources:

Project Activities:

Outputs:

Outcomes:

Economic Impact:

Equality Impact

Assessment:

Business Case Detailed Project description

Project Officer name

Date of Business Case

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SCHEDULE 4

Constitution and Terms of Reference of the Black Country Executive Joint

Committee

BLACK COUNTRY EXECUTIVE JOINT COMMITTEE

CONSTITUTION

26 March 2014

1. (i) Dudley MBC, Sandwell MBC, Walsall MBC and Wolverhampton City Council established an

Executive Joint Committee known as the Black Country Joint Committee (‘the Committee”) for

the purpose of discharging the functions mentioned in Annex A. The Committee is a joint

committee of the Executive for the purposes of Part VI of the Local Government Act 1972 and

Part I Chapter 2 of the Local Government Act 2000 and the provisions of thereof that are

applicable to Joint Committees of the Executive shall apply to the Committee.

2. (i) The Committee shall comprise four members, each Council being entitled to appoint one

voting member who shall be a member of the Councils Cabinet making the appointment. In the event of a voting member of the Committee ceasing to be a member of the Council which appointed him/her, the Council shall forthwith appoint another voting member in his/her place. Only a voting member is entitled to be elected as Chair or Vice-Chair of the Committee.

(ii) Each Council may appoint members of its Executive as substitute for the voting members

appointed under (i) above to attend meetings of the Committee and its sub-committees in the

absence for any reason of the voting members or observer members appointed under (i)

above and in attended meetings of the Committee and its sub-committees the substitute

voting members or observer members shall be treated in all respects if they were appointed

under (i) above as the case may be. The Secretary for the Committee shall be informed prior

to the commencement of the meeting of the names of the substitute members.

(iii) The Chairman of the Black Country Local Enterprise Partnership shall be an ex officio member

of the Committee on matters relating to City Deal and Growth Deal. Ex officio members may

speak at meetings of the committee but not vote. The Chairman of the Black Country Local

Enterprise Partnership shall present reports to the Joint Committee from the City Deal and

Growth Deal Advisory Board.

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(iv) The Black Country Consortium Ltd will be responsible for writing reports to the Joint

Committee from the City Deal and Growth Deal Advisory Board in the format provided for

at Annex B. All other reports from any subcommittee and or Council will also take the form as

set out in Annex B. A representative of the Black Country Consortium Ltd can be in

attendance at meetings of the Joint Committee on matters relating to City Deal and

Growth Deal in an advisory role as the Joint Committee see fit.

(v) The Committee shall at its Annual Meeting, elect a Chair and Vice-Chair from among its voting

members or chose to adopt for that year to have a rolling Chair and Vice Chair being upon

rotation. In the event of both being absent from the meeting, the Chair and Vice-Chair for

whatever reason, the Committee shall elect a chair from amongst the voting members present

for that meeting but shall not count for purposes of rotation.

(vi) Three voting members of the Committee shall constitute a quorum. Except as otherwise

provided by statute, all questions shall be decided by a majority of the votes of the voting

members present, the Chair having the casting vote in addition to his/her vote as a member of

the Committee.

(vii) The Committee shall meet as agreed at its AGM. However a meeting of the Committee may

be convened at any time by the Secretary in consultation with the Chair for the meeting that

would be convened. A meeting of the Committee must also be convened by the Chair within

28 days of the receipt of a requisition of any two voting members of the Committee addressed

to the Secretary of the Committee. All requisitions shall be in writing and no business other

than that specified in the requisition shall be transacted at such a meeting.

(viii) The Committee shall from time to time make such standing orders for the carrying on of the

business of the Committee as the Committee shall deem necessary and or desirable.

(ix) For the avoidance of doubt and subject to there being no changes to the law on this issue,

where a Council is operating executive arrangements pursuant to the Local Government Act

2000 (and any regulations made under it), it will be a matter for the Executive of the Council to

appoint any voting member, or substitute member of the Committee as long as that member is

a member of the appointing Councils Cabinet.

3. The Committee shall from time to time appoint such sub-committees and Advisory Boards to

consider and deal with any of the functions of the Committee as may be thought desirable.

4. The Committee Secretary and such other officers as may be deemed necessary for the due

conduct of the business of the Committee shall be Walsall Metropolitan Borough Council.

5. Meetings of the Joint Committee shall be held at Walsall Metropolitan Borough Council unless

otherwise directed by the Joint Committee.

6. The Secretary shall:

iii. Be responsible for preparing the agenda and submitting reports prepared by either of the

Councils or other bodies to the Joint Committee and minutes of the Joint Committee.

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iv. Be responsible for making arrangements for the publishing in accordance with Access to

Information requirements all meetings, agenda, agenda items and minutes as appropriate.

7. That the relevant Standing Orders for Black Country Joint Committee are those of Walsall

Metropolitan Borough Council.

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Annex A – Terms of Reference

FUNCTIONS OF BLACK COUNTRY EXECUTIVE JOINT COMMITTEE

1. To receive reports from any Sub Committee of the Joint Committee or Advisory Board of

the Joint Committee.

2. At any time review and agree proposed changes to the Functions of the Committee, and

seek approval of the same from the four Council Executives of the Black Country

authorities.

3. To agree and approve any proposed governance and or reporting structure that the

committee sees fit.

4. In relation to the City Deal and Growth Deal:

4.1 To act as a strategic body; setting and reviewing objectives for strategic

investment across the Black Country, including;

a. Providing a coherent single position on the major strategic City Deal and

Growth Deal issues;

b. Agreeing allocation of spending;

c. Agreeing major priorities;

d. Consider and agree recommendations made by any Sub Committee of the

Joint Committee or Advisory Board of the Joint Committee;

e. Refer recommendations received back to any Sub Committee of the Joint

Committee or Advisory Board of the Joint Committee for further consideration

as and when minded in the first instance to not follow recommendations at all

or to materially change the substance of the decision except in the case of

genuine urgency requiring a decision to be made at that time;

4.2 Agreeing Lead and or Accountable Body status for a body or organisation;

4.3 Agree, review and amend options at any time for City Deal and Growth Deal

governance which is fit for purpose;

4.4 influence and align government investment in order to boost economic growth;

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4.5 have regard to the duty to cooperate and Joint Committee’s overall function as

set out above;

4.6 to ensure alignment between decision making on City Deal and Growth Deal and

decisions on other areas of policy such as land use, transportation, economic

development and wider regeneration;

4.7 Co-ordinate and align decision making on transport with the LEPs ensuring that

business views are taken on board and that LEP growth plans are reflected in

strategic priorities;

4.8 Deciding on capital expenditure programmes and ensuring policy and

programmes are delivered effectively through partners;

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Annex B

REPORT OF THE CITY DEAL AND GROWTH DEAL ADVISORY BOARD

(OR COUNCIL)

TO

BLACK COUNTRY EXECUTIVE JOINT COMMITTEE – (DAY, MONTH, YEAR)

(INSERT TITLE OF REPORT)

Key Decision: Yes/No

Forward Plan: Yes/No

1. PURPOSE OF REPORT

a. Details of what is being sought in summary

2. RECOMMENDATIONS

a. Specific recommendation from the City Deal and Growth Deal Advisory Board with approval

requested by the Joint Committee.

3. REPORT DETAIL

a. All relevant and pertinent information so as to enable a fully informed decision to be made by

the Joint Committee to include the report from the City Deal and Growth Deal Working Group

that will have been approved by the City Deal and Growth Deal Advisory Board for

recommendation to the Joint Committee.

4. FINANCIAL IMPLICATIONS

a. All relevant financial implications

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5. LEGAL IMPLICATIONS

a. All relevant Legal implications

6. RISK MANAGEMENT

a. Key risk identified and explanations as to how they will be managed are to be inserted.

7. EQUALITY IMPLICATIONS

a. An equality impact assessment to be done and equality implications set out in the report as

well as how they will be managed.

Back Ground papers

Authors name and contact details

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SCHUDLE 5

Decision and oversight matrix

Black Country LEP Strategic Role

ITEM 4 - APPENDIX


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SIGNED by Councillor Mike Bird, Leader on behalf of

WALSALL METROPOLITAN BOROUGH COUNCIL

…………………………………………………………….

SIGNED by Councillor David Sparks, Leader on behalf of

DUDLEY METROPOLITAN BOROUGH COUNCIL

…………………………………………………………….

SIGNED by Councillor Darren Cooper, Leader on behalf of

SANDWELL METROPOLITAN BOROUGH COUNCIL

……………………………………………………………..

SIGNED by Councillor Roger Lawrence, Leader on behalf of

WOLVERHAMPTON CITY COUNCIL

…………………………………………………………….

SIGNED by Sarah Middleton, Chief Executive on behalf of

THE BLACK COUNTRY CONSORTIUM LIMITED

……………………………………………………………...

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SIGNED by a duly authorised officer for and on behalf of

WALSALL METROPOLITAN BOROUGH COUNCIL

Authorised Signatory

Print Name


DUDLEY METROPOLITAN BOROUGH COUNCIL


Print Name


SANDWELL METROPOLITAN BOROUGH COUNCIL


Print Name


WOLVERHAMPTON CITY COUNCIL

Authorised Officer

Print Name


BLACK COUNTRY CONSORTIUM LIMITED


Print Name

Appendix 13 - Access to Information Rules 1. Scope These rules apply to all meetings of the LEP and its Groups and Sub-Groups set out at paragraphs 1.3.2 to 1.3.4 of this framework (together called meetings). 2. Additional Rights to Information These rules do not affect any more specific rights to information contained elsewhere in this Framework or the law, in particular the public may have additional rights of access to information under the Freedom of Information Act, 2000 and/or the Data Protection Act, 1998. 3. Rights to attend meetings Members of the public may attend all meetings subject only to the exceptions in these rules. 4. Notices of meeting The LEP will give at least 5 clear days notice of any meeting by posting details on its website - 5. Access to Agenda and Reports Before the Meeting The LEP will make copies of the agenda and reports open to the public available for inspection at The Deckhouse, Waterfront West, Brierley Hill at least 5 clear days before the meeting. If an item is added to the agenda later, the revised agenda will be open to inspection from the time the item was added to the agenda where reports are prepared after the agenda has been sent out, the Consortium Chief Executive shall make each such report available to the public as soon as the report is completed and sent to Board or appropriate Sub-Group members. 6. Supply of Copies The LEP will supply copies of:- (a) any agenda and reports which are open to public inspection; (b) any further statements or particulars necessary to indicate the nature of the items in the agenda; and c ) if the Chief Executive thinks fit, copies of any other documents supplied to Board or Sub-Group members in connection with an item; to any person on payment of a charge for postage and any other costs.

7. Access to Minutes, etc. After the Meeting The LEP will make available copies of the following for 6 years after a meeting:-: (a) the minutes of meetings or records of decisions taken, together with reasons, for all meetings, excluding any part of the minutes of proceedings when the meeting was not open to the public or which disclose exempt or confidential information; (b) a summary of any proceedings not open to the public where the minutes open to inspection would not provide a reasonably fair and coherent record; (c) the agenda for the meeting; and (d) reports relating to items when the meeting was open to the public. 8. Background Papers 8.1 List of Background Papers The officer compiling the report will set out in every report a list of those documents (called background papers) relating to the subject matter of the report which in his/her opinion: (a) disclose any facts or matters on which the report or an important part of the report is based; and (b) which have been relied on to a material extent in preparing the report but does not include published works or those which disclose exempt or confidential information, as defined in Rule 10 below. 8.2 Public Inspection of Background Papers The LEP will make available for public inspection for 4 years after the date if the meeting one copy of each of the documents on the list of background papers. 9. Summary of Public’s Rights A written summary of the public’s rights to attend meetings and to inspect and copy documents must be kept at and available to the public at The Deckhouse, Waterfront West Brierley Hill, and these Access to Information Procedure Rules constitute that written summary. 10. Exclusion of Access by the Public to Meetings 10.1 Confidential Information – Requirement to Exclude Public The public must be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that confidential information would be disclosed.

10.2 Exempt Information – Discretion to Exclude Public The public may be excluded from meetings whenever it is likely in view of the nature of the business to be transacted or the nature of the proceedings that exempt information would be disclosed. Where the meeting will determine any person’s civil rights or obligations, or adversely affect their possessions, Article 6 of the Human Rights Act, 1998, establishes a presumption that the meeting will be held in public unless a private hearing is necessary for one of the reasons specified in Article 6. 10.3 Meaning of Confidential Information Confidential information means information given to the LEP by a Government Department on terms which forbid its public disclosure or information which cannot be publicly disclosed by Court Order. 10.4 Description of Exempt Information Exempt information means information falling within the following 8 categories (subject to any condition):- Category 1. Information relating to any individual.

2. Information which is likely to reveal the identity of an individual. 3. Information relating to the financial or business affairs of any particular person (including the authority holding that information). 4. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the authority or a Minister of the Crown and employees of, or office holders under, the authority 5. Information in respect of which a claim to legal professional privilege could be maintained in legal proceedings. 6. Information which reveals that the LEP proposes: (a) to give any enactment a notice under or by virtue of which requirements are imposed on a person; or (b) to make an order or direction under any enactment. 7. Information relating to any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

8. Information being disclosed during a meeting of a Scrutiny and Performance Panel when considering flood risk management functions which: (a) Constitutes a trades secret; (b) Its disclosure would, or would be likely to, prejudice the commercial interests of any person (including the risk management authority); (c) It was obtained by a risk management authority from any other person and its disclosure to the public by the risk management authority would constitute a breach of confidence actionable by that other person.] delete?

Qualifications 9. Information falling within paragraph 3 above is not exempt information by virtue of that paragraph is it is required to be registered under: (a) the Companies Act 1985(a); (b) the Friendly Societies Act 1984(b); (c) the Friendly Societies Act 1992(c); (d) the Industrial and Provident Societies Acts 1965 to 1978(d); (e) the Building Societies Act 1986(e); or (f) the Charities Act 1993(f). 10. Information is not exempt information if it relates to proposed development for which the relevant local planning authority may grant itself planning permission pursuant to Regulation 3 of the Town and Country Planning General Regulations 1992(a).

11. Information which:- (a) falls within any of paragraphs 1 to 7 above; and (b) is not prevented from being exempt by virtue of paragraph 8 or 9 above, is exempt information if and so long, as in all of the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

11. Exclusion of access by the public to reports

If the Chief Executive thinks fit, the LEP may exclude access by the public to reports which in his or her opinion relate to items during which, in accordance with Rule 10, the meeting is likely not to be open to the public. Such reports will be marked “Not for publication” and the agenda shall indicate the category of information likely to be disclosed.

Appendix 15

Black Country Consortium

DRAFT Customer Care Charter – Our Commitment to You We value your comments, suggestions and complaints; as we can learn from them and use them to improve and shape our offer within the Black Country. 1 Delivering the Service It is our intention that you as the customer receive a quality service from the Black Country Consortium and that every time you utilise our services, you have a positive experience. We have devised this Charter as a public statement of our minimum standards, which we will regularly review and aim to exceed. Black Country Consortium promises……. To do what we say we will do To treat everyone in a fair and respectful manner in line with our equality policy

During office hours endeavour to answer the telephone promptly and courteously by

knowledgeable people within five rings. On occasions when the line is busy the phone will be picked up by another Black Country Consortium employee. Where we cannot answer your question, we will signpost you to the right person/organisation.

Where we signpost you to the right person, we will do our best to improve partnerships by liaising on your behalf.

To publish the mobile telephone numbers of team members

Written correspondence will be acknowledged within 5 working days of receipt

E-mail correspondence will be acknowledged within 3 working days

Anyone out of the office for more than half a day will put an automatic response

message on their email account All agendas, supporting documentation and minutes of our meetings to be issued at

least seven days prior to the next meeting All minutes to be issued within ten working days following our meetings

Conduct ourselves in a professional manner, ensuring the way in which we operate

is adapted to meet the need of the individual customer

Appendix 15 2 Consultation, comments and complaints We are committed to actively seeking the opinions of our customers and those who are interested in the service we provide. We do this in a number of ways: Annually, we measure and review our services and publish this information

We will hold annual conferences and stakeholder event and encourage feedback

sessions with appropriate partner organisations

We positively encourage customers to speak immediately to us about issues with which they are dissatisfied so that positive action can be taken promptly.

We will provide a system for you to give us feedback on any events, courses or

activities that we organise 3 Comments and Complaints Our customers are encouraged to comment to us verbally or in writing. If you are dissatisfied with our response to your comment or complaint we will advise you of an appeal procedure. Listed below are our minimum standards, which we will regularly review and aim to surpass. Black Country Consortium promises to… Provide feedback forms for you to record your compliments, complaints,

suggestions or event feedback Deal with all comments in a discrete way respecting the wishes of the customer

Complete a form on your behalf if you would rather give your feedback verbally.

Review and action all comment forms, regardless of whether or not you have

requested a response from us Contact you by your preferred method within 5 working days of receiving your form

if you have requested a response Contact you again within a further 15 working days if either we need more time to

investigate your feedback or require more information from you in order to resolve an issue

Communicate your feedback to senior management and team members of Black

Country Consortium so that the organisation remains in touch with the concerns of our customers at all levels

Use feedback to influence changes in policy and to improve standards of customer

care and service provision

Appendix 15 4 Quality Management As part of our contact with Sport England we produce annual improvement plans in order to ensure continuous improvement.

Black Country Consortium Ltd

Draft Complaints Procedure Version 1

1. Aims and Objectives

To ensure that:

• Complaints are dealt with promptly, efficiently, courteously and systematically, • Complaints are treated confidentially and fairly, • The complainant is kept informed of the progress and outcome of their complaint.

2. Complaints covered by this procedure

This complaints procedure will manage those complaints made in relation to the work of Black Country Consortium Ltd (BCC Ltd) including the Black Country Local Enterprise Partnership (BCLEP), the BeActive Partnership (BeActive) and the Black Country Skills Factory.

The following types of complaints cannot be considered under this Complaints procedure.

• Complaints made by members of the public against a third part e.g. one of the Black Country Local Authorities. Each Local Authority will have its own complaints procedure.

• Complaints that are made regarding matters that are the subject of legal proceedings. • Political complaints – these should be made directly to Councillors.

3. How can Complaints be made?

Complaints may be made:

• In person, • In writing (letter, complaints form or email).

4. What are the stages in the procedure?

There are 3 stages in the procedure.

Stage 1 – Informal Resolution

In the first instance concerns should be raised with the team member providing the service to look into the complaint and try to put things right.

Details of the complaint, whether in relation to BCC Ltd, BCLEP or BeActive will be formally registered with the Complaints Officer – Sarah Middleton, Chief Executive so that BCC Ltd can make sure complaints are learnt from and how well they are responded to can be monitored.

The complaint will be acknowledged in 5 working days of receipt and a full response will be provided in 15 working days of the date the complaint was initially received.

Sarah Middleton, Chief Executive, Black Country Consortium Ltd, The Deckhouse, Dudley Road, Brierley Hill, Dudley, DY5 1LW

Stage 2 – Formal Complaint

If it has not been possible to resolve a complaint at Stage 1, the complainant can refer their complaint to the BCC Ltd, Company Secretary who will investigate the complaint independently.

The complainant will be advised that their complaint has been received by the Company Secretary for consideration at Stage 2 within 5 working days of the receipt of their request.

A full response will be provided within 15 working days of the receipt of their request.

Insert Company Secretary name and contact details here.

Stage 3 – Board of Directors Consideration

If it has not been possible to resolve a complaint at Stage 2, the complainant can refer their complaint to the BCC Ltd, Board of Directors who will investigate the complaint further.

The complainant will be advised that their complaint has been received by the Board of Directors for consideration at Stage 3 within 5 working days of the receipt of their request.

A full response will be provided within 15 working days of the receipt of their request.

Insert name and contact details of Chair of Board of Directors

5. What can complainants expect from our Complaints Procedure?

We will:

• Record all complaints effectively, • Acknowledge within 5 working days if a full response cannot be given straightaway, • Respond within 15 working days, although complex complaints may take longer, • Keep the customer informed about progress where we are not able to respond to the issue

within 15 working days, • Comply with Data Protection legislation and treat all information given in the strictest

confidence, • Use the information to influence changes in policy and to improve standards of customer

care and service provision.

6. Satisfaction Sampling

A periodic and random sample will be made of complaints that have used the Complaints Procedure in order to monitor the effectiveness of the procedure.

7. Data Protection Act

The information provided by a complainant will be held for the purpose of monitoring the amount and nature of complaints and as a record of contact. Personal information will only be disclosed to those team members investigating the complaint and administering this procedure.

Confidential Reporting

(Whistleblowing)

Procedure

Document title Confidential Reporting (Whistleblowing) Procedure

Owner Human Resources Strategic Services

Status Final Version

Effective from 1 June 2014 Approved on 27 April 2014

Last updated April 2014 Last updated by HR Strategy and Planning Team

Purpose This ‘whistle blowing’ procedure plays a key part in maintaining the highest standards of openness, honesty and accountability by requiring everyone to report appropriate concerns. This procedure links to:

Code of Conduct for Employees

If you would like this information in another language or format contact Human Resources Directorate Team.

Telephone 01922 65 5671

Text phone 01922 654000

Secure fax 01922 655622

Email [email protected]

mailto:[email protected]

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CONTENTS

Page:

1.0 Why do we have this procedure? 3

2.0 What concerns should be reported? 3

3.0 When should I report my concerns? 4

4.0 Will the Council protect me if I raise a genuine concern? 4

5.0 How should I raise a genuine concern? 5

6.0 What will happen after I have reported my concern? 7

7.0 Appendix 1 (Formal Confidential Whistleblowing Form) 8

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1. Why do we have this procedure?

1.1 The Council is committed to maintaining the highest standards of openness, honesty and accountability.

1.2 This ‘whistle blowing’ procedure plays a key part in maintaining those standards by

requiring everyone to report appropriate concerns (see section 2 - what concerns should be reported?). The Council’s Code of Conduct for Employees makes this a specific obligation for all employees.

1.3 If you are a Council employee, a temporary or agency worker working for the Council,

a contractor working for the Council on Council premises or provide goods or services to the Council then you are required to report appropriate concerns, in return for which you will be provided with feedback on action taken. You will also be protected from any reprisals or victimisation for ‘whistle blowing’.

2.0 What concerns should be reported? 2.1 Everyone, at one time or another, may have concerns about something that is

happening at work. More often than not, these concerns are relatively minor and you can probably resolve them informally. However, when those concerns are about unlawful conduct, financial malpractice or dangers to the public or environment, it can be difficult to know what to do. Confidential reporting or ‘whistle blowing’ is about helping people to raise legitimate concerns or worries without opening themselves up to detrimental treatment or risking their job security for raising their concerns in the normal way.

2.2 You should report any serious concerns that are ‘in the public interest’ (see 2.3) and

appear to involve:-

a criminal offence or breach of the law

a miscarriage of justice

a health and safety risk to employees or the public

damage to the environment

community unrest or discrimination

unauthorized use of public funds

possible fraud or corruption

sexual, physical or verbal abuse

any other improper conduct that makes you feel uncomfortable in terms of falling below known standards or going against Council policies or practice

breach of any legal obligation

safeguarding children and vulnerable adults

deliberately concealing any of the above

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2.3 A concern is only ‘in the public interest’ if it goes beyond matters of personal concern to you. You should not use this procedure to report concerns of a personal nature –for example in relation to a grievance or your salary grade (these should, instead, be pursued through the grievance or pay and grading appeal procedures).

2.4 Sometimes, a concern may be ‘in the public interest’ but may also be something that you have a personal interest in. If this is the case, please tell the person that you raise your concern with of your personal involvement.

3.0 When should I report my concerns? 3.1 The Council understands that you may be worried about raising a concern, perhaps

feeling that it is none of your business or that it is only a suspicion. You may also feel that you are being disloyal to your colleagues or the organisation, or worried about reporting things to the wrong person or in the wrong way.

3.2 However, it is your responsibility to report any concerns as soon as possible and the

Council would like you to do so at an early stage rather than waiting for ‘proof’ of any suspicions. Providing that you have reasonable belief that unauthorised activity is taking place, then you should report it. Remember that you will not get into trouble for raising genuine concerns and the Council will protect you if you raise a genuine concern.

4.0 Will the Council protect me if I raise a genuine concern? 4.1 You will not be at risk of losing your job or suffer any detriment or retribution from the

Council because you have raised a genuine concern. This will still be the case even if investigations subsequently show that there has been no improper conduct. However, if you are already the subject of disciplinary investigation or action, or your job has been placed at risk of redundancy, these proceedings will not be halted because you have raised a genuine concern, instead they will run concurrently.

4.2 The Council does not tolerate any discrimination, harassment or victimisation and will

take action to protect you if you have used this procedure to raise a genuine concern.

4.3 Your identity will remain confidential, it will not be disclosed without your consent. For reporting purposes, you will be identified by a reference number. If the situation arises where the Council cannot resolve the concern without revealing your identity (for example, because your evidence is needed in court) this will be discussed fully with you as to whether and how the Council can proceed.

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4.4 All concerns will be investigated including those that are raised anonymously and feedback will be provided where relevant and where contact details have been provided and therefore you are encouraged to identify yourself when you report a concern. However, such protection does not apply to you if you raise a concern that you know to be untrue, malicious or vexatious and any such instances will be followed up (where applicable) and may result in disciplinary action.

5. How should I raise a genuine concern? Please see 5.4 if your concern relates to service users of social care for children

or adults. 5.1 Step 1

In many cases you will hopefully feel comfortable in raising your concern with your own manager, either verbally or in writing. The more information that can be supplied, including dates, times, details and names, the greater the opportunity to establish the facts. Although you are not expected to prove beyond doubt the truth of the allegation, you will need to demonstrate to the person contacted that there are reasonable grounds for the concern. You can choose whether to use the form attached at Appendix 1 to report your concerns but in any case it provides a helpful guide on the sort of information that it is helpful to supply when you report your concern. When raising any concern you must ensure that you clearly state that you are raising concerns under the Confidential Reporting (Whistleblowing) Procedure.

5.2 Step 2

If you feel unable to raise the matter with your manager, for whatever reason, please raise the matter with one of the following:

Head of Internal Audit (Rebecca Neil) 01922 654727

Executive Directors:-

Children’s (Rose Collinson) 01922 652081

Neighbourhood (Jamie Morris) 01922 653203

Regeneration (Simon Neilson) 01922 652004

Resources (Rory Borealis) 07764 628186

Social Care & Inclusion (Keith Skerman) 01922 652700

Head of Human Resources (Steve McGowan) 01922 655600

Assistant Director Finance (James Walsh) 01922 652102

Head of Legal & Democratic Services (Tony Cox) 01922 654822

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The above contact list can also be used if you are a contractor or supply goods or services to the Council or you can use the on line notification form which is available on the internal audit intranet page and enables concerns to be reported in a secure and confidential manner or you can use the internal audit ‘whistleblowing’ hotline on 01922 655880 where you will be able to leave a voice recorded message.

5.3 Step 3

If you have followed these channels but still have concerns, or if you feel that you cannot raise your concern with any of the above, please contact the Chief Executive on 01922 652000.

5.4 If your concern relates to service users of adults or children’s social care, the statutory procedure set up to protect the interests of vulnerable service users should be used. In the first instance, such concerns should be directed to [email protected]

5.5 If you feel it would be helpful to seek external advice you may wish to contact;

your trade union external auditors Citizens Advice Bureau the relevant professional body or regulatory body the police

or “Public Concern at Work” (020 7404 6609). Public Concern at Work is a leading

independent charity whose main objectives are to promote compliance with the law and good practice in the public, private and voluntary sectors. They are a source of further information and advice at www.pcaw.co.uk.

Hopefully, this procedure will give you the confidence to raise any concerns within the Council. However, if you feel unable to do so, the Council would much prefer that you raised the matter with an appropriate external regulator than not at all.

https://www2.walsall.gov.uk/eforms/ufsmain?formid=FRAUD_NOTIFICATION&esessionid=1

mailto:[email protected]

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6. What will happen after I have reported my concern?

6.1 Once you have reported a concern, the Council will look into it to assess initially what action should be taken. This may involve an internal inquiry or a more formal investigation. In any case, within ten days, you will be written to with:

An acknowledgement that the concern has been received An understanding of the concern that has been reported An indication of how the matter will be dealt with An indication of any initial enquires that have been made Information on staff support mechanisms Notification of any further investigations that will take place and if not, why not

6.2 Where appropriate the matters raised may:

Be investigated by management, Internal Audit, or disciplinary process Be referred to the external auditor Form the subject of an independent enquiry Be referred to the police

6.3 The amount of contact between you and those considering the issues will depend on

the nature of the matters raised, the potential difficulties involved and the clarity of the information provided. If necessary, the Council will seek further information from you. Where any meeting is arranged, off-site if you wish, you can be accompanied by a trade union representative or a work colleague.

6.4 Sometimes you might be asked for your opinion on how the matter might best be

resolved. Again, if this is a matter in which you have a personal interest, you must say so.

6.5 The Council will give you as much feedback as it possibly can. If requested, the

response will be confirmed in writing. However, sometimes the Council will not be able to tell you the precise action taken – for example, if this infringes a duty of confidence owed to someone else.

Remember, malpractice affects everyone and is unacceptable.

Blowing the whistle on it is one way of stamping it out – for good.

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Appendix 1

Formal Confidential Reporting (Whistleblowing)


Reference number:

Employee's name:

Employee's job title:

Employee's preferred contact method and details:

Date:

Does your public interest disclosure relate to your line manager?

Yes/No

Summary of disclosure:

Please set out the details of the issue that you wish to raise, providing examples where possible, particularly dates, times, locations and the identities of those involved. You may attach additional sheets if required.

Please provide the names and contact details of any people involved in your concerns, including witnesses.

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Outcome requested:

Please set out how you would like to see the issue dealt with, and why and how you believe that this will resolve the issue.

Declaration:

I confirm that the above statements are true to the best of my knowledge, information and belief. I understand that, if I knowingly make false allegations, this may result in the organisation taking disciplinary action against me.

Form completed by:

Signature:

For completion by the organisation:

Date form received by the organisation:

Name of recipient and job role:

Signature:

Delivering the Black Country Strategic Economic Plan

Initial Proposal - (for all Projects requesting Black Country LEP funding ) (Max 2 pages)

Project Name:

Executive Summary

1. What opportunity or barrier will this investment unlock? (approx. 300 words)

2. Which of the BCSEP growth objectives and Measures of Success does this project address? (approx. 300 words)

3. How will this project unlock the specified BCSEP growth objectives (approx. 200 words)

4. What are the expected tangible Benefits to be realised?

Strategic Benefits to be realised

Metric 2015 / 16

2016 / 17

2017 / 18

2018 / 19

2019 /20

2020 /21

Business assisted no.

Business created no.

Employment – Jobs created no.

Skills – Learners assisted no.

Place – New Dwellings units

Place – Land remediated Hect-ares

Place – New floor space Sq mtr

5. Expected TOTAL Project Cost & Source of Funding £m (£0.000m)

% of Total Cost

2015 / 16 £m

2016 / 17 £m

2017 / 18 £m

2018 / 19 £m

2019 /20 £m

Total Project Cost

Applicants own funds %

Other Public funds %

Private sector funds %

Funding requested from Black Country LEP

%

Filename Page Date

6. Main Issue (s) likely to derail the Project.

( List )

7. Main Risks the Project will need to manage.

( List )

8. Please indicate how your project complies with State aid Regulations without contravening the State Aid Legislation.

9. Any other Significant Constraints to delivering the Project not mentioned above.

( List )

Project Sponsor

(name & title)

Section A1: Applicant Details

Lead organisation:

Lead contact:

Position:

Phone number:

Email address:

Postal address:

Local Authority area (please tick)

Dudley Sandwell

Walsall Wolverhampton

Filename Page Date


Outline Business Case Template (for all Projects requesting Black Country LEP funding)

Project Name:

Executive Summary






Metric 2015 / 16

2016 / 17

2017 / 18

2018 / 19

2019 /20

2020 /21

Business assisted

Business created




Place – Land remediated Hect -ares


5. Expected TOTAL Project Cost & Source of Funding

% of Total Cost

2015 / 16 £m

2016 / 17 £m

2017 / 18 £m

2018 / 19 £m

2019 /20 £m

Total Project Cost





%

[Type text] Page [Type text]


( List )


( List )



( List )

Project Sponsor

(name & title)

Document Status

REVISION HISTORY

Revision Date

Version No.

Summary of Changes Author / Editor

Draft 1 Initial draft Draft 2 Project team input Draft 3 For MD to comment upon Draft 4 Presentation to Programme Board

DOCUMENT LOCATION

This document is only valid on the day it was printed or revised.

The source of the document will be found on the PMO Sharepoint site, (Verto)

DOCUMENT AUTHOR

Name Title Organisation E-mail address Telephone Director,

Business Transformation

DOCUMENT OWNER

Name Title Organisation E-mail address Telephone

DISTRIBUTION LIST

Cabinet Corporate Board Programme Board Project Team Transformation Programme Director SBC


Introduction to the Project

Section A: Introduction to the Project


Lead organisation:

Lead contact:

Position:

Phone number:

Email address:

Postal address:


Dudley Sandwell


Section A2: Project Description

Project Location:

Lead Delivery Organisation:

(name / dept)

Project Description: (approx. 300 words)

(State what the project is targeting to achieve)

Project Need & Additionality:

( State the overall impact on “UK PLC” GDP )


Section B Background to the Project

Section B: Background to Project Bid

Section B1: Status & Progress to-date

Present status of the Project (approx. 100 words)

Progress achieved prior to Bid (approx. 300 words)

Section B2: Content of the Business Case - add column for auto page numbers

Section C Strategic case and fit to Strategic Economic Plan Themes

Section D Economic case – Options Appraisal

Section E Commercial case – External Procurement (if appropriate)

Section F Financial Case – Financial Analysis of the recommended Option

Section G Programme Management Case – Achievability of Project Components


Strategic Case

Section C: Strategic Case for Change and fit to BC LEP Strategic Economic Plan Themes

Please describe the compelling case for change. Detail the problem or opportunity your project is intended to address, in terms of market failure or demand, and the contribution the project will make to the delivery of the Black Country Strategic Economic Plan (SEP) and other relevant plans and strategies.. A copy of the SEP can be found at www.blackcountrylep.co.uk/about-us/black-country-plans-for-growth/strategic-economic-plan (Word limit: 750)

Please indicate which SEP theme(s) and strategic programme(s) the project will contribute to:

Place Theme: People Theme: Business Theme:

PL1. Sites & Premises P1. Skills for the supply chain B1. Supply chain development

PL2. Infrastructure P2. Skills Capital B2. Global Opportunities

PL3. Housing P3. Skills for the future B3. Access to Finance

PL4. Local Distinctive Economies P4. Upskilling

PL5. Environment

How does the project fit with national, sub-regional and local investment plans and strategies? (approx. 200 words)

What stakeholder consultation has been undertaken/support received? What stakeholder consultation remains to be undertaken? (approx. 100 words)

List the Key stakeholders and their Interest areas? (approx. 50 words)

What are the Strategic Issues preventing successful delivery of the project? List. (approx. 100 words)

What are the Strategic Risks that could prevent successful delivery of the project? List. (approx. 100 words)

Is the Project dependent on any other initiative? (approx. 100 words)

What are the Strategic Benefits that this Project will deliver? (approx. 100 words)

(include a Benefits Dependency Network if you have one)

What are measures of Success for this project? (approx. 100 words)


http://www.blackcountrylep.co.uk/about-us/black-country-plans-for-growth/strategic-economic-plan


Economic Case

Section D:Economic Case - Options Appraisal

Section D1: Short List of Options considered

Please describe the options that have been considered in selecting the project proposal. This should include a minimum of 3 options : -

• A reference case option (the position in terms of outputs that would occur if the project did not proceed);

• The proposed option (as set out in Section A); and • An alternative option (which may be based on changes to the scale, scope and cost of the proposed

option). Box 1:

Option Name: Description: Total Cost: Amount requested:

Outputs

Reference Case Proposed Option Alternative Options:

Box 2: Please explain why the proposed option has been selected.

Option Name: Advantages: Disadvantages: Fit with Project Objectives:


Specify the Preferred Option, with supporting justification for selection. (approx. 200 words)

Outline Opportunities for Innovation and increased Collaboration. (approx. 200 words)

Are there any Issues to be resolved before this option may proceed? Specify key Issues, and state resolution plan for each Issue.

What are the associated Top 5 Risks of this option : (Quantification, Ownership, & Mitigation for each )


Commercial Case for External Procurement

Section E: Commercial case – External Procurement (if appropriate)

What is the evidence of demand / market interest that supports your case for investment in this project? (approx. 500 words).

Outline any market testing which has been undertaken to evidence the demand case. (approx. 300 words).

If private development partners will be required to deliver project outputs, at what stage are discussions/negotiations? (approx. 300 words).

Summarise Procurement requirements in terms of Outputs. (approx. 200 words)

(inc: Work to be procured; potential value; who will lead)

Will your Procurement trigger the OJEU process? Yes or No with reasoning. (approx. 100 words)

Outline the sourcing Options: with a rationale for preferred option. (approx. 200 words)


Section F: Financial Case - Financial Analysis of the recommended Option

Please analyse the current projected costs using Summary spend areas (£m):

Projects costs: 2015/16 2016/17 2017/18 2018/19 2019/20 £m £m £m £m £m

Development costs

Survey costs Other fees Fit out costs Material costs Programme mgm costs

Contingency costs

Other, please specify

(State date of this Estimate)

What risk contingencies are included in your cost estimates?

Section F: CashFlows Please set out the Cashflow projections for the Project funded costs being requested. (Indicate estimated Quarterly Cash flows for each of the years affected)

Cashflows for Funding requested:

2016/17 Q1

2016/17 Q2

2016/17 Q3

2016/17 Q4

2017/18 Q1

£m £m £m £m £m Development costs


Contingency costs


CONFIRMATION BY APPLICANT:

Please confirm that the funding requested is sufficient to deliver the Project as detailed above.


Section G: Programme Management Case - Achievability of Project Components

Section G: Project Plan (Extract of Milestones)

Please set out the Key Project Milestones, including those Milestones shown below.

(Or extract Key Milestones view from your gantt chart & insert the picture here).

Key Milestones (extracted from detailed Project Plan) Date Concept: Definition: Development: Hand over Project Closure Realisation of Benefits

Section G: Project Governance: Key roles & Responsibilities

Please set out the Key Roles in governing the Project, with named officers, which will oversee, deliver and close the project. (approx. 100 words)

Outline your proposed monitoring and evaluation arrangements to assess whether the project achieves its objectives and outputs. (approx. 300 words)

Section G: Key Stakeholder engagement strategy

Please identify your preferred strategy for engaging key Stakeholders in making your project successful. (approx. 300 words)

Section G: Issue Resolution Plan

Please extract the top 5 Issues from your project Issue log:

Description of Issue Impact (1-4) Owner for resolution Resolution – inc. timing

Section G: Risk Management Plan

Please extract the details of the top 5 Risks from your project Risk Register:

Description of Risk Probability (1-4) Impact (1-4) RAG rating


Risk owner Mitigation

Section G: Benefit Realisation Strategy

Please set out your strategy for realising the Benefits envisaged by the Project. (approx. 200 words)


(should include an extract of Milestones & Summary tasks)

Section : Project Team:

Please describe the experience of the project team and attach the team structure. (approx. 300 words)

Section G: Freedom of Information

Please indicate whether any information in this proforma is considered exempt from release under Section 41 of the Freedom of Information Act 2000. (Word limit: 200)

Recommendation / Conclusion

Please state clearly the Recommended action this Business Case supports. (approx. 100 words)

APPENDICES to Business Case

Appendix 1 BCC LEP Benefit Profile

Appendix 2 (details) Appendix 3 (details)

Appendix 4 (details)


Supporting Documentation

1. Guidance Notes, Hints and Tips on completing the Web form

2. Reference docs for the Web form

3. Evaluation Criteria for BC Appraisers, reviewing the BC content

4. Appraisal Criteria for Ranking the submission in the pipeline

5. Template for Benefits Dependency Network

6. Templates for Benefit Profiles


Appendix 1

BCC LEP BENEFIT PROFILE TEMPLATE

Ref No. Benefit Owner

Profile Agreement Date

Sign-off date Profile Last Reviewed Insert date

Benefit Overview:

Strategic Goal:

Detailed Description: Stakeholders Identify Match funding Partners Benefits Valuation - Baseline

Tangible & Financial

Benefits Valuation - Predicted

Revisions with dates & explanations


Appendix 1 (continued)


Benefits Realisation timescale:

Show initial capability (& full capability if realised in stages)

Business Changes Required : actions that Stakeholder must put in place to allow benefits to be realised

Show business changes required; taken as a proxy for preparedness

Inter Dependencies within BCC Projects

Cross- reference to other benefits (number of profile) or list external dependencies (environmental, other projects, technical etc)

Performance Measure(s) – Core outputs

Drop down list

Performance Measure(s) – Supplementary outputs

Drop down list

Target Performance -

Expected performance at each milestone and “end state” performance

Measurement Source

System or information source(s) required for measurement, or if indirect what are the KPI’s that are indicative

Measurement Frequency

Start date Milestone or trajectory period (quarterly, annual, 2-yearly etc)

Measurement Roles

Data extract recipient; service manager; Benefit Owners nominee, etc.




Issues affecting Benefits realisation

List

Risks to benefit & mitigating actions

List specific risks or link to risk register: show mitigations in note form.

Benefit Review dates

One off or Frequency of reviews Actual or proposed dates

Actions taken: List the outcomes of Benefit Review; referenced with action points & owners; target dates for delivery; and comments on need for future Benefit Review.



Full Business Case Template (for Projects requesting Black Country LEP funding likely to exceed £1m)

Project Name:

Executive Summary






Metric 2015 / 16

2016 / 17

2017 / 18

2018 / 19

2019 /20

2020 /21

Business assisted

Business created




Place – Land remediated Hect -ares


5. Expected TOTAL Cost & Source of Funding

% of Total Cost

2015 / 16 £m

2016 / 17 £m

2017 / 18 £m

2018 / 19 £m

2019 /20 £m

Total Project Cost





%

FileName Page 15/03/2015


( List )


( List )



( List )

Project Sponsor

(name & title)

Document Status

REVISION HISTORY

Revision Date

Version No.

Summary of Changes Author / Editor

Draft 1 Initial draft Draft 2 Project team input Draft 3 For MD to comment upon Draft 4 Presentation to Programme Board

DOCUMENT LOCATION

This document is only valid on the day it was printed or revised.

The source of the document will be found on the PMO Sharepoint site,

DOCUMENT AUTHOR

Name Title Organisation E-mail address Telephone Director,

Business Transformation

DOCUMENT OWNER

Name Title Organisation E-mail address Telephone

DISTRIBUTION LIST

Cabinet Corporate Board Programme Board Project Team Transformation Programme Director SBC


Introduction to the Project

Section A: Introduction to the Project


Lead organisation:

Lead contact:

Position:

Phone number:

Email address:

Postal address:


Dudley Sandwell


Section A2: Project Description

Project Location:

Lead Delivery Organisation:

(name / dept)

Project Description: (approx. 300 words)

(State what the project is targeting to achieve)

Project Need & Additionality:

( State the overall impact on “UK PLC” GDP )


Section B Background to the Project

Section B: Background to Project Bid

Section B1: Status & Progress to-date

Present status of the Project. (approx. 100 words)

Progress achieved prior to Bid. (approx. 300 words)

Section B2: Content of the Business Case - add column for auto page numbers

Section C Strategic case and fit to Strategic Economic Plan Themes

Section D Economic case – Options Appraisal

Section E Commercial case – External Procurement (if appropriate)

Section F Financial Case – Financial Analysis of the recommended Option

Section G Programme Management Case – Achievability of Project Components


Strategic Case

Section C: Strategic Case for Change and fit to BC LEP Strategic Economic Plan Themes

Please describe the compelling case for change. Detail the problem or opportunity your project is intended to address, in terms of market failure or demand, and the contribution the project will make to the delivery of the Black Country Strategic Economic Plan (SEP) and other relevant plans and strategies.. A copy of the SEP can be found at www.blackcountrylep.co.uk/about-us/black-country-plans-for-growth/strategic-economic-plan (Word limit: 750)

Please indicate which SEP theme(s) and strategic programme(s) the project will contribute to:

Place Theme: People Theme: Business Theme:

PL1. Sites & Premises P1. Skills for the supply chain B1. Supply chain development

PL2. Infrastructure P2. Skills Capital B2. Global Opportunities

PL3. Housing P3. Skills for the future B3. Access to Finance

PL4. Local Distinctive Economies P4. Upskilling

PL5. Environment

How does the project fit with national, sub-regional and local investment plans and strategies? (approx. 200 words)

What stakeholder consultation has been undertaken/support received? What stakeholder consultation remains to be undertaken? (approx. 100 words)

List the Key stakeholders and their Interest areas? (approx. 50 words)

What are the Strategic Issues preventing successful delivery of the project? List. (approx. 100 words)

What are the Strategic Risks that could prevent successful delivery of the project? List. (approx. 100 words)

Is the Project dependent on any other initiative? (approx. 100 words)

What are the Strategic Benefits that this Project will deliver? (approx. 100 words)

(include a Benefits Dependency Network if you have one)

What are measures of Success for this project? (approx. 100 words)




Economic Case

Section D:Economic Case - Options Appraisal

Section D1: Short List of Options considered

Please describe the options that have been considered in selecting the project proposal. This should include a minimum of 3 options : -

• A reference case option (the position in terms of outputs that would occur if the project did not proceed);

• The proposed option (as set out in Section A); and • An alternative option (which may be based on changes to the scale, scope and cost of the proposed

option). Box 1:

Option Name: Description: Total Cost: Amount requested:

Outputs


Box 2: Please explain why the proposed option has been selected.

Option Name: Advantages: Disadvantages: Fit with Project Objectives:


Specify the Preferred Option, with supporting justification for selection. (approx. 200 words)

Outline Opportunities for Innovation and increased Collaboration. (approx. 200 words)

Service Delivery options considered, with Pro’s & Con’s. (approx. 200 words)

Clarify the Pace of Change required, including the roll out strategy? (approx. 200 words)

Specify the degree of Business Change required to exploit the Project output. (approx. 200 words)

Are there any Issues to be resolved before this option may proceed? Specify key Issues, and state resolution plan for each Issue.

What are the associated Top 5 Risks of this option : (Quantification, Ownership, & Mitigation for each).

Quantify the Benefits the preferred option can realise. (State the Benefit and associated metrics to measure & monitor the changes post delivery of output)


Provide a Benefit Profile for each strategic benefit. (Templates are provided in Appendix to this document) Indicate any wider reaching Benefits that could not be easily tracked.


Commercial Case for External Procurement

Section E: Commercial case – External Procurement (if appropriate)

What is the evidence of demand / market interest that supports your case for investment in this project? (approx. 500 words).

Outline any market testing which has been undertaken to evidence the demand case. (approx. 300 words).

If private development partners will be required to deliver project outputs, at what stage are discussions/negotiations? (approx. 300 words).

Summarise Procurement requirements in terms of Outputs. (approx. 200 words)

(inc: Work to be procured; potential value; who will lead)

Will your Procurement trigger the OJEU process?

Outline the sourcing Options: with a rationale for preferred option. (approx. 200 words)

Are there any Personnel Implications, inc. TUPE? (approx. 200 words)

Outline the Procurement Project Plan and Timescales. (approx. 200 words)


Section F: Financial Case - Financial Analysis of the recommended Option

Please analyse the current projected costs using Summary spend areas (£m):

Projects costs: 2015/16 2016/17 2017/18 2018/19 2019/20 £m £m £m £m £m

Development costs


Contingency costs


(State date of this Estimate)

What risk contingencies are included in your cost estimates?

Section F: CashFlows Please set out the Cashflow projections for the Project funded costs being requested. (Indicate the estimated Quarterly Cash flows for each of the years affected)

Cashflows for Funding requested:

2016/17 Q1

2016/17 Q2

2016/17 Q3

2016/17 Q4

2017/18 Q1

£m £m £m £m £m Development costs


Contingency costs


CONFIRMATION BY APPLICANT:

Please confirm that the funding requested is sufficient to deliver the Project as detailed above.


Section G: Programme Management Case - Achievability of Project Components

Section G: Project Plan (Extract of Milestones)

Please set out the Key Project Milestones, including those Milestones shown below.

(Or extract Key Milestones view from your gantt chart & insert the picture here).

Key Milestones: Date Concept: Definition: Development: Hand over Project Closure Realisation of Benefits

Please attach the project gantt chart as an Appendix.

Section G: Project Governance: Key roles & Responsibilities

Please set out the Key Roles in governing the Project, with named officers, which will oversee, deliver and close the project. (approx. 100 words)


Section G: Key Stakeholder engagement strategy

Please identify your preferred strategy for engaging key Stakeholders in making your project successful. (approx. 300 words)

Section G: Communications Plan or strategy

Please identify your preferred communications strategy for Internal Stakeholders and External Stakeholders for reporting progress and gathering support. (approx. 300 words)

Section G: Issue Resolution Plan

Please extract the top 5 Issues from your project Issue log:

Description of Issue Impact (1-4) Owner for resolution Resolution – inc. timing


Section G: Risk Management Plan

Please extract the details of the top 5 Risks from your project Risk Register:

Description of Risk Probability (1-4) Impact (1-4) RAG rating Risk owner Mitigation

Please attach all top ranked Risks in your risk register as an Appendix.

Section G: Benefit Realisation Strategy

Please set out your overall strategy for realising the Benefits envisaged by the Project


(should include an extract of Milestones & Summary tasks)

Section : Project Team:

Please describe the experience of the project team and attach the team structure. (approx. 100 words)

Section G: Freedom of Information

Please indicate whether any information in this proforma is considered exempt from release under Section 41 of the Freedom of Information Act 2000. (Word limit: 200)

Recommendation / Conclusion

Please state clearly the Recommended action this Business Case supports. (approx. 100 words)

APPENDICES to Business Case

Appendix 1 BCC LEP Benefits Profile Appendix 2 (details) Appendix 3 (details)



Supporting Documentation

1. Guidance Notes, Hints and Tips on completing the Web form

2. Reference docs for the Web form

3. Evaluation Criteria for BC Appraisers, reviewing the BC content

4. Appraisal Criteria for Ranking the submission in the pipeline


Appendix 1


Ref No. Benefit Owner

Profile Agreement Date

Sign-off date Profile Last Reviewed Insert date

Benefit Overview:

Strategic Goal:

Detailed Description: Stakeholders Identify Match funding Partners Benefits Valuation - Baseline

Tangible & Financial

Benefits Valuation - Predicted

Revisions with dates & explanations




Benefits Realisation timescale:

Show initial capability (& full capability if realised in stages)

Business Changes Required : actions that Stakeholder must put in place to allow benefits to be realised

Show business changes required; taken as a proxy for preparedness

Inter Dependencies within BCC Projects

Cross- reference to other benefits (number of profile) or list external dependencies (environmental, other projects, technical etc)

Performance Measure(s) – Core outputs

Drop down list

Performance Measure(s) – Supplementary outputs

Drop down list

Target Performance -

Expected performance at each milestone and “end state” performance

Measurement Source

System or information source(s) required for measurement, or if indirect what are the KPI’s that are indicative

Measurement Frequency

Start date Milestone or trajectory period (quarterly, annual, 2-yearly etc)

Measurement Roles

Data extract recipient; service manager; Benefit Owners nominee, etc.




Issues affecting Benefits realisation

List

Risks to benefit & mitigating actions

List specific risks or link to risk register: show mitigations in note form.

Benefit Review dates

One off or Frequency of reviews Actual or proposed dates

Actions taken: List the outcomes of Benefit Review; referenced with action points & owners; target dates for delivery; and comments on need for future Benefit Review.


Appendix 17

1 The green shading illustrates those indicators where the Black Country moved in a positive direction of travel compared to the national average, the red shading indicates the reverse and the orange indicates a growth rate in the right direction but less than the national average growth rate. 2 Direction of travel for some indicators is from other baseline years. 3 Percentage point is the unit that represents the difference between two percentages. 4 Figures based on Black Country Local Authority AMR completions for 2013/14 5 Homes figures based on 2013 data from DCLG ; baseline 2006 6 Baseline date is 2009 7 Baseline date is 2006 8 Includes additional comparison retail floorspace

Our Measures of Success - The Black Country Performance Management Framework1 In the Black Country by 2033

we will have: Where we are now

Change over the last year

Direction of Travel Relative to National Average since 20042

Scale of the Challenge

Grown our population and reversed net outward migration particularly

to environs 1.15m +5,700 + 5.5% BC

+ 7.3% Eng. + 47,500 people

Raised incomes 84.6% (UK=100) -£190 +23% BC +23% Eng. +£4,177 per person

Achieved better population balance 14% AB’s +0.2pp BC +2pp Eng. 23% AB’s

Transformed the Environment 70.5% of residents satisfied with Black Country as a place to live 77.8% Resident satisfaction

By 2033 We Will Have Achieved Our 2 Primary Outcomes: 1. Regenerated Our Economy (pp = percentage points3)

No Output Gap £8.1bn +£0.3bn +£3.3bn -£8.1bn

Raised the number of local jobs 439,200 +6,800 jobs -3.9% BC +3.6% Eng. +105,760 jobs

Increased the total employment rate

65.2% -1.2pp -3pp BC -1.1pp Eng.

80% +100,818 jobs

Increased the % of knowledge workers

33% -4,600 people +6.5% BC +16.8% Eng.

44% +50,940 people

Raised the business birth rate 39 per 10,000 population

+1,085 new business births +310 business births 54 per 10,000 population

+1,744 new businesses Reduced the number of people

classed as workless 14.2% -8.6% -1.7% BC

-8.9% Eng. 35,192 less people classed as workless

Increased the number of visitors to the area

25.7m +473,000 +899,000 A leading UK destination

2. Sustainable Environmental Transformation Increased the hectares of local

nature reserves 902.1ha 0ha +9.4ha

1 hectare of Local nature Reserves per 1,000

population A sustainable environment -

reduced CO2 emissions 5.3 ton per

capita +0.2 ton per

capita -1.41 ton per capita BC

-1.55 ton per capita Eng. 44% Reduction

-1.55 ton per capita

By 2033 We Will Have Achieved Our 2 Economic Drivers: 1. Raised Education and Skills

Reduced the number of people with no qualifications

17.3% +0.9pp -3pp BC -5.8pp Eng.

9.1% -55,811 people

Increased the number of people with degrees

22.1% -0.3pp +4.2pp BC +9.2pp Eng.

35% +87,650 people

Increased the number of pupils achieving 5+ A*-C GCSEs including

English & Maths 49.5% -8.7 pp +12 pp BC

+6.8pp Eng. 52.6%

+412 pupils

Reduced the no. of 16-18 year olds Not in Education, Employment or

Training (NEET) 5.6% -0.75pp -0.8pp BC

-0.11pp Eng. No NEETS

-2,447 16-18 year olds

2. Transformed our Environmental Infrastructure – Targets to 2026 in line with Core Strategy4

Increased net new homes5 482,410 +2,200 +17,631 New homes

+45,369 net new homes

High Quality Employment Land 696ha +62ha +163ha 6 Create/transform +875 ha of employment land

to high quality

Additional office floorspace in strategic centres

23,696m² developed since 2006

+448m² +23,696m² 7 +833,056m²

Additional retail floorspace in strategic centres 8

348,000m² (approximate stock in 2006)

+14,209m2 +16,121m2 7 +328,879m2

Appendix 17

Appendix 19

Appendix – Benefit Cost Ratio Methodology

The LEP model which is used by its Economic Intelligence Unit takes the outputs from projects and calculates the benefit cost ratio for employment, business creation, business assists, learners assists and housing outputs and combines them to calculate the GVA impact and a total project Benefit Cost Ratio based on the public sector ask.

Total project BCR GVA at net present value (all benefit groups) Total public sector ask Benefit Cost Ratio Employment Economic Benefits Summary Total Direct Jobs Total Net Jobs Cumulative total GVA Cumulative total discounted GVA Cost per job Benefit Cost Ratio (BCR) Business Creation Economic Benefits Summary Total Direct Business Creations Total Gross Business Creations Total Net Business Creations Cumulative total GVA Cumulative total discounted GVA Cost per Business Creation Benefit Cost Ratio (BCR) Business Assists Economic Benefits Summary Total Direct Business Assists Total Net Business Assists Cumulative total GVA Cumulative total discounted GVA Cost per business assist Benefit Cost Ratio (BCR) Learner Assists Economic Benefits Summary

Appendix 20 - Value for Money/Benefit Cost Ratio for Transport Projects 1. For major transport schemes scheme sponsors will also be required to conduct appraisals and

value for money assessments based on WebTAG guidance. 2. The Black Country LEP will ensure that scheme traffic/public transport modelling and appraisal is

robust and meets this guidance at the time a business case is submitted for each stage of approval (programme entry; conditional approval – if required; full approval).

3. The assessment of the scheme traffic/public transport modelling and appraisal will require

expert resources which are independent of each scheme sponsor. The most appropriate resource will be commissioned from transport consultants with suitable experience of major scheme business case development and independent of the scheme sponsor in question i.e. a transport consultant could not sit on a panel assessing scheme traffic/public transport modelling if it has been commissioned (in whole or part) to develop the traffic model in question.

4. The scope of the scrutiny will be dependent on the type and scale of the scheme. All schemes

will be assessed against a set of core requirements by an independent panel. These are detailed in Table 1.

Table 1: Core Scrutiny Requirements Topic Requirement Modelling approach

Has the scheme promoter applied the modelling methodology that was discussed and agreed with the LEP at the start of business case development?

Model validation and calibration

Has the traffic or public transport model been validated and calibrated in line with WebTAG guidance?

Central case assessment

Is the central case assessment based on forecasts which are consistent with the definitive version of the National Trip End Model?

Modelling reports Have the following reports been provided and do the reports articulate a robust case for investment: - • Data Collection Report; • Local Model Validation Report; • Demand Model Report; and • Forecasting Report?

Business Case Have all five components of the business case been completed: - • Strategic case; • Economic case; • Commercial case; • Financial case; and • Management case?

Appraisal Summary Table (AST)

Has a completed AST been provided?

Value for Money Does the scheme have a value for money assessment of ‘high’ or ‘very high’ based on the information provided by the scheme promoter?

Evaluation Has a monitoring and evaluation approach been agreed with the LEP?

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5. For schemes that have total costs in excess of £50 million; have a benefit cost ratio (BCR) of less than 2:1 but an adjusted value for money assessment of ‘high’; or have notable local opposition to implementation, the scope of the scrutiny will be extended. This will require the external scrutiny to analyse the data presented by the scheme promoter in more detail by auditing all components of the business case and confirming (or otherwise) WebTAG compliance.

6. For these schemes, the Black Country Director of Transport will develop a scrutiny brief that is

specific to the scheme in question. An independent panel will be appointed to undertake this work in line with an agreed timetable.

7. The output of standard or extended scrutiny will be presented to the Black Country Director of

Transport, who will inform the scheme promoter of the findings and make a recommendation to the LEP regarding further action. The recommendations are likely to be focused on the following responses: - • Acceptance of the scrutiny findings and agreement that no further work required; • Further dialogue with the scheme promoter (this is likely to involve posing questions and

then assessing the responses to these); • Commissioning a ‘second opinion’ from a suitably qualified person or persons; or • Additional work is specified for the scheme promoter to conduct and an appraisal of this

work is undertaken on completion. 8. Any additional technical work generated by this process will be commissioned and monitored by

the Black Country Director of Transport. Scrutiny findings will be reported to the LEP. The LEP will be asked to approve the scrutiny findings based on a recommendation from the Black Country Director of Transport, once all the required work has been completed.

9. No full approval decision will be made until acceptance and approval of the scrutiny findings has

been agreed by the LEP. 10. In order to minimise the financial impact on the LEP and local transport authorities, the Black

Country LEP will explore the utilisation of intra-LEP/LTB technical support and joint procurement to resource the expert inputs required for scheme appraisal.

11. Central case assessments will be based on forecasts that are consistent with the definitive

version of the Department for Transport’s National Trip End Model (NTEM) and accessed using TEMPRO software. The forecasts include population, employment, households by car ownership, trip ends and simple traffic growth factors based on data from the National Transport Model (NTM).

12. This approach will be supplemented with locally-specific land use change figures set out in the

Black Country Core Strategy and supporting Local Development Frameworks. These will include Black Country housing and employment growth forecasts.

13. It is essential that all large, complex and long-running projects are managed effectively. Scheme

sponsors will be required to manage projects using PRINCE2 principles and techniques, with a clearly defined project structure.

14. All schemes will be subject to a formal review process at the end of each major stage of the

project lifecycle. This is in addition to the regular reviews of progress which are undertaken throughout the life of the project.

15. The key stages at which reviews will take place include: -

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• Appraisal of business case (programme entry approval) • Detailed design • Statutory orders and acquiring land/property • Procurement • Appraisal of business case (full approval) • Construction

16. Reviews will include consideration of the project management process and quality plan (risk

management) procedures. The work supporting the review process will be undertaken by the scheme sponsor and be submitted to the Black Country Director of Transport, who will appraise submissions on behalf of the Black Country LEP. This may necessitate external resource if reviews cannot be appraised from within the Black Country Technical Advisory Group.

17. The review findings will be reported to the scheme sponsor and the Black Country LEP. 18. Scheme sponsors will be required to seek early technical advice (i.e. at the start of business case

development) from officers working on behalf of the Black Country LEP regarding modelling approach and assessing the social and distributional impacts (SDI) of schemes. These work streams can have significant lead times and the intention is that the overall approach is approved at an early stage in order to prevent any abortive work (with significant cost implications) being undertaken.

19. The LEP will produce a Value for Money (VfM) statement for each scheme put forward for

approval summarising the overall assessment of the economic case for the scheme. This statement will be in line with WebTAG guidance.

20. The VfM statement will include: -

• Value for money category of the scheme (and explanation for this); • Present Value of Benefits (PVB), Present Value of Costs (PVC), and Benefit Cost Ratio (BCR); • Summary of the benefits and costs that have been assessed, including any assumptions that

influence results; • Assessment of non-monetised benefits; and • Identification of any key risks, sensitivities and uncertainties.

21. The VfM statement will be commissioned from the Independent Panel by the Black Country

Director of Transport, based on the economic case for scheme that has been provided by the scheme sponsor. In line with paragraph 3 of this document, the Panel members must be independent of the scheme sponsor in question. This will remove any potential conflict of interest from the process of producing VfM statements.

22. As the named person with responsibility for VfM statements, the Black Country Director of

Transport will refer completed statements to the LEP for final scrutiny and approval, as part of the wider process for making investment decisions. The Director of Transport is not a member of any individual promoting authority and thus will not be subject to any conflict of interest.

23. The initial value-for-money appraisal, which is based on an assessment of the scheme’s

monetised impacts in line with WebTAG (e.g. journey time savings and accident reductions), will result in each scheme being placed in one of five categories: -

• Very High – where benefits are greater than 4 times costs; • High – where benefits are between 2 and 4 times costs;

3

• Medium – where benefits are between 1.5 and 2 times costs; • Low – where benefits are between 1 and 1.5 times costs; and • Poor – where benefits are less than costs.

24. Whilst the benefit/cost ratio (BCR) (or initial VfM assessment) is not the only consideration

impacting on scheme approval (scheme affordability being another key determinant, for example), the Black Country LEP’s policy will be to consider funding: -

• Schemes with very high VfM; and • Schemes with high VfM.

25. Schemes with medium, low or poor VfM will not be eligible for investment. This will apply even

if the scheme in question has previously been prioritised by the STB for the 2015-19 programme (the VfM assessment will change as business case progression results in more sophisticated analysis and may involve the business case development of some schemes being halted at appropriate junctures).

26. In order to articulate a comprehensive set of reasons for making an investment, the VfM

assessment will ultimately need to take into account the non-monetised costs and benefits of each scheme. This will involve consideration of both quantitative and qualitative assessment of scheme impacts and a judgement as to how they affect the overall VfM appraisal of the scheme.

27. Consequently, the LEP will take account of other compelling reasons for investing in a scheme

(e.g. significant numbers of jobs created or investment unlocked) within the context of a wider VfM appraisal. This may mean, for example, that a scheme may have an initial ‘medium’ VfM assessment but the non-monetised benefits generated by the intervention elevate this scheme to a final ‘high’ VfM assessment; equally a scheme with an initial ‘high’ VfM assessment could have that assessment reduced when non-monetised costs are considered e.g. adverse environmental impacts.

28. The value-for-money of schemes will be assessed against the relevant WebTAG thresholds at

each approval stage. The staged approval process and business case development process will allow the LEP to reassess schemes as the VfM analysis progresses.

29. The LEP will only consider schemes that have previously been rejected on VfM grounds where

the costs, scope or circumstances have changed sufficiently to warrant an improved assessment. Any such decision will be based on reviewing the previous analysis of the scheme, which should be available from the DfT.

Evaluation 30. A commitment to scheme evaluation will form a central part of any funding offer. The objective

of scheme evaluation is as follows: -

• Determine whether scheme benefits have been realised as intended; • Provide accountability for the investment; • Enhance the operational effectiveness of existing schemes (or future scheme extensions);

and • Improve future initiatives based on learning.

31. The Black Country LEP will ensure schemes are evaluated (assessed for effectiveness and

efficiency during and after implementation) in line with the DfT guidance1. A consistent

1https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/9154/la-major-schemes-monitoring-evaluation.pdf

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monitoring approach (collection of data to check progress against planned targets and benefits) across all STB supported schemes will help inform programme level analysis, enabling dissemination of good practice and lessons learnt.

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