1 OCT 2002

COMHAIRLE NAN EILEAN SIAR

HOUSING COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday, 1 October 2002 at 11.00am

PRESENT

Mr Norman M Macleod (In the Chair)

Mr Alexander A MacDonald

Mr Malcolm J Graham

Mr Angus Campbell

Mr Roderick J Murray

Mr Donald I Nicholson

Mr Angus Nicolson

Mr Martin C Taylor

Mr Murdo Macleod

Mr David Blaney

Mr Norman L Macdonald

Mr Calum Mackay

APOLOGIES

Mr George Lonie (Chairman)

Mr Ian M Macleod

Mr Iain Morrison

MINUTES

Minute of Meeting of 27 August 2002

1

The Minute of Meeting of 27 August 2002 was approved.

FINANCE

Housing Revenue Account Capital Programme 2002/2003: Progress Report

PR110.03

2

The Director of Housing submitted a Report regarding the Housing Revenue Account Capital Programme for 2002/03. The Report detailed the expenditure on the programme and summarised details of variations within the Programme.

It was agreed that:

(1) the Housing Revenue Account Capital Programme 2002/2003 be revised as detailed at Appendix 1 of the Report, to take account of project variations, and;

(2) the expenditure profile shown at Appendix 2 of the Report be noted.

Housing Revenue Account: Repairs and Maintenance Budget: 2002/2003

PR110.02

3

The Director of Housing submitted a Report advising Members of expenditure incurred and committed in respect of the Housing Revenue Account Repairs and Maintenance Budget for 2002/2003. It was stated in the Report that it was anticipated, that expenditure in respect of the Housing Revenue Account Repairs and Maintenance Budget, for 2002/03, could be met from existing budgetary provision in the sum of £589,650. It was further stated that the Repairs and Maintenance Budget, for 2002/2003, would be closely monitored.

It was agreed to note the Report.

MANAGEMENT

Housing (Scotland) Act 2001: Tenant Participation Provisions in the Act

H01.01

4

The Director of Housing submitted a Report giving information on the provisions in the Housing (Scotland) Act 2001 related to Tenant Participation and Consultation. It was intimated that the Scottish Executive provided funding for implementation of the Tenant Participation aspects of the Housing (Scotland) Act 2001, on the basis that this funding would be used to meet expenditure involved in consultation exercises and publicity. The Report gave details of the timetable associated with the prepartation of a Tenant Participation Strategy as follows;

Date

Target

21 and 22 November 2002

Presentation of a framework and timetable to the local Housing Conference "Securing a Future".

December 2002

Draft Registration Procedure prepared.

December 2002 - February 2003

Consultation with tenants groups on tenant participation, Strategy and Registration Procedure.

March 2003

Finalised Tenant Participation Strategy and Registration Protocol submitted to the Comhairle for approval.

The key principles for good tenant participation were identified in the Report, together with information relating to:

(a) the preparation of a Tenant Participation Strategy; and;

(b) explanatory notes relating to the criteria for registration of tenant groups.

It was agreed:

(1) to note the tenant participation and consultation provisions of the Housing (Scotland) Act 2001, as detailed in the Report, including the proposed Appeals Pathway detailed in Section 14 of the Report, and;

(2) to approve the proposed implementation strategy detailed in the Report and summarised at Paragraph 20.1 of the Report.

It was further agreed that it be delegated to the Director of Housing to make representations to the appropriate organisations with the aim of simplifying the procedures associated with registration of tenants' organisations, following consultation with the Tenant Participation Advisory Service (TPAS).

Housing (Scotland) Act 2001: Scottish Secure Tenancy

H01.01

5

The Director of Housing submitted a Report concerning the introduction of;

(a) the Scottish Secure Tenancy; and;

(b) the Short Scottish Secure Tenancy.

The Report set out the legislative background to the introduction of the New Scottish Secure Tenancy with effect from 30 September 2002 and stated that the New Scottish Secure Tenancy would apply to all tenants of Local Authorities and Registered Social Landlords e.g. Housing Associations but that it would not apply to Scottish Homes Tenants who would retain their existing secure tenancies. The Report emphasised that the New Scottish Secure Tenancy was very similar to the Comhairle's existing Tenancy Agreement, although it was significantly different to the assured tenancy employed by Housing Associations. The Report highlighted the main features of the Scottish Secure Tenancy relating to;

(1) Security of Tenure;

(2) Rights of Succession;

(3) Information Rights;

(4) Repair Rights;

(5) Tenants' Alterations and Improvements;

(6) Exchanges; Lodgers and Assignations;

(7) The Right to Buy; and

(8) Tenant Consultation and Participation.

It was intimated that the Scottish Executive has issued guidance on the form and content of the New Scottish Secure Tenancy and that this guidance allowed for additional local contractual conditions to be agreed between tenants and the landlord. The Report further stated that the Short Scottish Secure Tenancy, which would come into effect on 30 September 2002, could be used in a range of circumstances identified in the Report, including lets to persons previously subject to a repossession order for anti-social behaviour and lets to person where they or others of their household were the subject of anti-social behavioural orders. The Report referred to the appeal mechanisms associated with the Short Scottish Secure Tenancy and further stated that the Short Scottish Secure Tenancy had to be for a period exceeding 6 months. A timetable for the implementation of the Scottish Secure Tenancy and the Short Scottish Secure Tenancy was given in the Report as follows;

Date

Target

30 September 2002

"Baseline" Short Scottish Secure Tenancy Agreement introduced for new tenants.

21/22 November 2002

Presentation on the Scottish Secure Tenancy and the Short Scottish Secure Tenancy to the Western Isles Housing Conference.

30 December 2002

Draft Western Isles Scottish Secure Tenancy to be produced.

February 2003

Presentation of Report to the Housing Committee on use and implementation of the Short Scottish Secure Tenancy.

It was agreed:

(1) to note the introduction of the Scottish Secure Tenancy from 30 September 2002;

(2) to introduce a baseline version of the Scottish Executive's "Model Scottish Secure Tenancy Agreement" for use by the Comhairle with immediate effect;

(3) to approve the proposals detailed at Paragraph 7.1 of the Report for the introduction of a bespoke "Western Isles Scottish Secure Tenancy Agreement", and;

(4) that a further Report on the use of the Short Scottish Secure Tenancy be submitted to the Committee by the Director of Housing at its meeting scheduled to take place in February 2003.

Housing Revenue Account Cyclical Painterwork Programme 2002/2003: Progress Report

H05.16

6

The Director of Housing submitted a Report concerning progress with regard to the Cyclical Painterwork Programme for 2002/2003 for properties held on the Housing Revenue Account. It was stated in the Report that progress to 13 September 2002 on the Programme had been very satisfactory and that the Programme would continue to be closely monitored.

It was agreed to note progress with respect to the Housing Revenue Account Cyclical Painterwork Programme 2002/2003.

It was agreed that the public, including the press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information as defined in Paragraph (1) of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely any terms proposed, or to be proposed by, or to the Comhairle, in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

Former MoD Houses, Balivanich: Proposed use of Additional Resources

HO2.31.35

7

The Director of Housing submitted a Report outlining works which it was proposed to undertake at the former MoD houses in Balivanich, using the additional funding generated from sales of former MoD houses at Balivanich.

It was agreed:

(1) to note the Report, and;

(2) that the list of proposed works detailed in Paragraphs 5.3 (a)-(e) of the Report be undertaken and funded from the surplus generated from receipts arising from the sale of the ex-MoD properties in Balivanich.

PRIVATE HOUSING

Domestic Smoke Detector Installation

HO1.01

8

The Director for Sustainable Communities submitted a Report concerning proposals to introduce hard-wired smoke detectors into homes of the most at risk elderly people in the Western Isles. It was intimated that hard-wired smoke detectors had been mandatory in all Improvement and Repair Grant approvals since October 1998 and that whilst this has resulted in over 2,300 installations there remained many hundreds of homes in the Western Isles with only battery operated smoke detectors or no smoke detection equipment. It was further stated that to provide hard-wired smoke detectors in the homes of 200 of the most at risk elderly people in the Western Isles would cost approximately £20,000.

It was agreed that:

(1) the Committee approve, in principle, the allocation of £20,000 from the current year's Capital Programme for Housing Grants to fund the Domestic Smoke Detector Installation Initiative, and;

(2) it be delegated to the Director for Sustainable Communities, in consultation with Care and Repair, the Director of Social Work and the Highlands and Islands Fire Brigade, to prepare a Scheme of Administration for Comhairle approval.

Action by Communities on their Environment Grants Scheme: Review of Schemes of Administration

H01.01

9

With reference to item 14 of the Minute of Meeting of 26 March 2002, the Director for Sustainable Communities submitted a Report setting out proposals for changes in the Schemes of Administration for the Action by Communities on their Environment (ACE) Option/Challenge Fund Grant Schemes to reflect the transfer of the ACE Grants Schemes to the Environmental Services Committee for the year 2003/2004.

The Report referred to the considerable success enjoyed by the ACE Grants Schemes and stated that whilst the ACE Challenge Grant Fund Scheme had been successful it had proved difficult to find the requisite number of projects, each year. with £10,000 of external funding. The Report therefore suggested that it would be appropriate to increase to limit of assistance to £30,000 under the ACE Challenge Grant Fund Scheme to allow more ambitious projects to obtain a larger amount of match funding, whilst retaining the intervention rate at 50% up to a total overall budget of £150,000 for any given project.

The Report further stated that the provisions contained within the draft Local Government (Scotland) Bill would give Local Authorities the power to promote or improve the well-being of their area. and that it would be appropriate to revise the Schemes of Administration for the ACE Options Funding Grant Scheme and the ACE Challenge Funding Grant Scheme which had proved to be most successful in encouraging and supporting high quality, locally significant environmental and amenity improvement projects, throughout the Western Isles.

It was agreed, insofar as the Committee's interests were concerned:

(1) to approve the revised Schemes of Administration for the Action in the Community and Environment (ACE) Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme;

(2) to support the submission of a PIR bid for Capital Funding for the continuation of the ACE Option and ACE Challenge Fund Schemes at the appropriate time, and;

(3) that it be delegated to the Director of Sustainable Communities to make amendments to the Schemes of Administration for the ACE Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme.

PERFORMANCE REVIEW

Reports Outstanding: Progress

PR33.01.12

10

The Director of Corporate Services submitted a Report detailing Reports outstanding arising from decisions of the Committee.

It was agreed to note the Report.

The Chairman ruled that in accordance with the provision of Section 50(B) 4 of the Local Government (Scotland) Act 1973, the following item be considered as a matter of urgency in order to allow the Committee to take a view on the matter

"Making it Work": National Homelessness Conference, 7^th & 8^th November 2002

H11

11

The Chief Executive submitted a Report inviting the Committee to consider whether the Comhairle should be represented at the "Making it Work" National Homelessness Conference to be held in Dundee, on 7^th and 8^th November 2002.

It was agreed to recommend that the Chairman, or his nominee, should represent the Comhairle at the National Homelessness Conference "Making it Work", which was to be held in Dundee, on 7^th and 8^th November 2002.

The Committee approved the above matter in accordance with Paragraph 17 of the Scheme of Administration, as it was necessary to make arrangements for attendance at the Conference before the date of the Comhairle, at which the decision would be considered if it was referred or called in under the terms of Standing Order 61.

PRESENT	Mr Norman M Macleod (In the Chair)
	Mr Alexander A MacDonald
	Mr Malcolm J Graham	Mr Angus Campbell
	Mr Roderick J Murray	Mr Donald I Nicholson
	Mr Angus Nicolson	Mr Martin C Taylor
	Mr Murdo Macleod	Mr David Blaney
	Mr Norman L Macdonald	Mr Calum Mackay

APOLOGIES	Mr George Lonie (Chairman)	Mr Ian M Macleod
	Mr Iain Morrison


		MINUTES
Minute of Meeting of 27 August 2002	1	The Minute of Meeting of 27 August 2002 was approved.
		FINANCE
Housing Revenue Account Capital Programme 2002/2003: Progress Report PR110.03	2	The Director of Housing submitted a Report regarding the Housing Revenue Account Capital Programme for 2002/03. The Report detailed the expenditure on the programme and summarised details of variations within the Programme. It was agreed that: (1) the Housing Revenue Account Capital Programme 2002/2003 be revised as detailed at Appendix 1 of the Report, to take account of project variations, and; (2) the expenditure profile shown at Appendix 2 of the Report be noted.
Housing Revenue Account: Repairs and Maintenance Budget: 2002/2003 PR110.02	3	The Director of Housing submitted a Report advising Members of expenditure incurred and committed in respect of the Housing Revenue Account Repairs and Maintenance Budget for 2002/2003. It was stated in the Report that it was anticipated, that expenditure in respect of the Housing Revenue Account Repairs and Maintenance Budget, for 2002/03, could be met from existing budgetary provision in the sum of £589,650. It was further stated that the Repairs and Maintenance Budget, for 2002/2003, would be closely monitored. It was agreed to note the Report.
		MANAGEMENT
Housing (Scotland) Act 2001: Tenant Participation Provisions in the Act H01.01	4	The Director of Housing submitted a Report giving information on the provisions in the Housing (Scotland) Act 2001 related to Tenant Participation and Consultation. It was intimated that the Scottish Executive provided funding for implementation of the Tenant Participation aspects of the Housing (Scotland) Act 2001, on the basis that this funding would be used to meet expenditure involved in consultation exercises and publicity. The Report gave details of the timetable associated with the prepartation of a Tenant Participation Strategy as follows;
		Date	Target
		21 and 22 November 2002	Presentation of a framework and timetable to the local Housing Conference "Securing a Future".
		December 2002	Draft Registration Procedure prepared.
		December 2002 - February 2003	Consultation with tenants groups on tenant participation, Strategy and Registration Procedure.
		March 2003	Finalised Tenant Participation Strategy and Registration Protocol submitted to the Comhairle for approval.
		The key principles for good tenant participation were identified in the Report, together with information relating to: (a) the preparation of a Tenant Participation Strategy; and; (b) explanatory notes relating to the criteria for registration of tenant groups. It was agreed: (1) to note the tenant participation and consultation provisions of the Housing (Scotland) Act 2001, as detailed in the Report, including the proposed Appeals Pathway detailed in Section 14 of the Report, and; (2) to approve the proposed implementation strategy detailed in the Report and summarised at Paragraph 20.1 of the Report. It was further agreed that it be delegated to the Director of Housing to make representations to the appropriate organisations with the aim of simplifying the procedures associated with registration of tenants' organisations, following consultation with the Tenant Participation Advisory Service (TPAS).
Housing (Scotland) Act 2001: Scottish Secure Tenancy H01.01	5	The Director of Housing submitted a Report concerning the introduction of; (a) the Scottish Secure Tenancy; and; (b) the Short Scottish Secure Tenancy. The Report set out the legislative background to the introduction of the New Scottish Secure Tenancy with effect from 30 September 2002 and stated that the New Scottish Secure Tenancy would apply to all tenants of Local Authorities and Registered Social Landlords e.g. Housing Associations but that it would not apply to Scottish Homes Tenants who would retain their existing secure tenancies. The Report emphasised that the New Scottish Secure Tenancy was very similar to the Comhairle's existing Tenancy Agreement, although it was significantly different to the assured tenancy employed by Housing Associations. The Report highlighted the main features of the Scottish Secure Tenancy relating to; (1) Security of Tenure; (2) Rights of Succession; (3) Information Rights; (4) Repair Rights; (5) Tenants' Alterations and Improvements; (6) Exchanges; Lodgers and Assignations; (7) The Right to Buy; and (8) Tenant Consultation and Participation.
		It was intimated that the Scottish Executive has issued guidance on the form and content of the New Scottish Secure Tenancy and that this guidance allowed for additional local contractual conditions to be agreed between tenants and the landlord. The Report further stated that the Short Scottish Secure Tenancy, which would come into effect on 30 September 2002, could be used in a range of circumstances identified in the Report, including lets to persons previously subject to a repossession order for anti-social behaviour and lets to person where they or others of their household were the subject of anti-social behavioural orders. The Report referred to the appeal mechanisms associated with the Short Scottish Secure Tenancy and further stated that the Short Scottish Secure Tenancy had to be for a period exceeding 6 months. A timetable for the implementation of the Scottish Secure Tenancy and the Short Scottish Secure Tenancy was given in the Report as follows;
		Date	Target
		30 September 2002	"Baseline" Short Scottish Secure Tenancy Agreement introduced for new tenants.
		21/22 November 2002	Presentation on the Scottish Secure Tenancy and the Short Scottish Secure Tenancy to the Western Isles Housing Conference.
		30 December 2002	Draft Western Isles Scottish Secure Tenancy to be produced.
		February 2003	Presentation of Report to the Housing Committee on use and implementation of the Short Scottish Secure Tenancy.
		It was agreed: (1) to note the introduction of the Scottish Secure Tenancy from 30 September 2002; (2) to introduce a baseline version of the Scottish Executive's "Model Scottish Secure Tenancy Agreement" for use by the Comhairle with immediate effect; (3) to approve the proposals detailed at Paragraph 7.1 of the Report for the introduction of a bespoke "Western Isles Scottish Secure Tenancy Agreement", and; (4) that a further Report on the use of the Short Scottish Secure Tenancy be submitted to the Committee by the Director of Housing at its meeting scheduled to take place in February 2003.
Housing Revenue Account Cyclical Painterwork Programme 2002/2003: Progress Report H05.16	6	The Director of Housing submitted a Report concerning progress with regard to the Cyclical Painterwork Programme for 2002/2003 for properties held on the Housing Revenue Account. It was stated in the Report that progress to 13 September 2002 on the Programme had been very satisfactory and that the Programme would continue to be closely monitored. It was agreed to note progress with respect to the Housing Revenue Account Cyclical Painterwork Programme 2002/2003.
		It was agreed that the public, including the press, be excluded from the Meeting during consideration of the following item on the grounds that exempt information as defined in Paragraph (1) of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely any terms proposed, or to be proposed by, or to the Comhairle, in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.
Former MoD Houses, Balivanich: Proposed use of Additional Resources HO2.31.35	7	The Director of Housing submitted a Report outlining works which it was proposed to undertake at the former MoD houses in Balivanich, using the additional funding generated from sales of former MoD houses at Balivanich. It was agreed: (1) to note the Report, and; (2) that the list of proposed works detailed in Paragraphs 5.3 (a)-(e) of the Report be undertaken and funded from the surplus generated from receipts arising from the sale of the ex-MoD properties in Balivanich.
		PRIVATE HOUSING
Domestic Smoke Detector Installation HO1.01	8	The Director for Sustainable Communities submitted a Report concerning proposals to introduce hard-wired smoke detectors into homes of the most at risk elderly people in the Western Isles. It was intimated that hard-wired smoke detectors had been mandatory in all Improvement and Repair Grant approvals since October 1998 and that whilst this has resulted in over 2,300 installations there remained many hundreds of homes in the Western Isles with only battery operated smoke detectors or no smoke detection equipment. It was further stated that to provide hard-wired smoke detectors in the homes of 200 of the most at risk elderly people in the Western Isles would cost approximately £20,000. It was agreed that: (1) the Committee approve, in principle, the allocation of £20,000 from the current year's Capital Programme for Housing Grants to fund the Domestic Smoke Detector Installation Initiative, and; (2) it be delegated to the Director for Sustainable Communities, in consultation with Care and Repair, the Director of Social Work and the Highlands and Islands Fire Brigade, to prepare a Scheme of Administration for Comhairle approval.
Action by Communities on their Environment Grants Scheme: Review of Schemes of Administration H01.01	9	With reference to item 14 of the Minute of Meeting of 26 March 2002, the Director for Sustainable Communities submitted a Report setting out proposals for changes in the Schemes of Administration for the Action by Communities on their Environment (ACE) Option/Challenge Fund Grant Schemes to reflect the transfer of the ACE Grants Schemes to the Environmental Services Committee for the year 2003/2004. The Report referred to the considerable success enjoyed by the ACE Grants Schemes and stated that whilst the ACE Challenge Grant Fund Scheme had been successful it had proved difficult to find the requisite number of projects, each year. with £10,000 of external funding. The Report therefore suggested that it would be appropriate to increase to limit of assistance to £30,000 under the ACE Challenge Grant Fund Scheme to allow more ambitious projects to obtain a larger amount of match funding, whilst retaining the intervention rate at 50% up to a total overall budget of £150,000 for any given project. The Report further stated that the provisions contained within the draft Local Government (Scotland) Bill would give Local Authorities the power to promote or improve the well-being of their area. and that it would be appropriate to revise the Schemes of Administration for the ACE Options Funding Grant Scheme and the ACE Challenge Funding Grant Scheme which had proved to be most successful in encouraging and supporting high quality, locally significant environmental and amenity improvement projects, throughout the Western Isles. It was agreed, insofar as the Committee's interests were concerned: (1) to approve the revised Schemes of Administration for the Action in the Community and Environment (ACE) Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme;
		(2) to support the submission of a PIR bid for Capital Funding for the continuation of the ACE Option and ACE Challenge Fund Schemes at the appropriate time, and; (3) that it be delegated to the Director of Sustainable Communities to make amendments to the Schemes of Administration for the ACE Option Funding Grant Scheme and the ACE Challenge Funding Grant Scheme.
		PERFORMANCE REVIEW
Reports Outstanding: Progress PR33.01.12	10	The Director of Corporate Services submitted a Report detailing Reports outstanding arising from decisions of the Committee. It was agreed to note the Report.
		The Chairman ruled that in accordance with the provision of Section 50(B) 4 of the Local Government (Scotland) Act 1973, the following item be considered as a matter of urgency in order to allow the Committee to take a view on the matter
"Making it Work": National Homelessness Conference, 7^th & 8^th November 2002 H11	11	The Chief Executive submitted a Report inviting the Committee to consider whether the Comhairle should be represented at the "Making it Work" National Homelessness Conference to be held in Dundee, on 7^th and 8^th November 2002. It was agreed to recommend that the Chairman, or his nominee, should represent the Comhairle at the National Homelessness Conference "Making it Work", which was to be held in Dundee, on 7^th and 8^th November 2002. The Committee approved the above matter in accordance with Paragraph 17 of the Scheme of Administration, as it was necessary to make arrangements for attendance at the Conference before the date of the Comhairle, at which the decision would be considered if it was referred or called in under the terms of Standing Order 61.