The Nottinghamshire Warm Homes on Prescription Project
Memorandum of Understanding
The Nottinghamshire and Derbyshire
Local Authorities Energy Partnership (LAEP)
And
Mansfield District Council
7th March 2016
Page 1
Contents
1. Introduction
2. Project Aims
3. Principal Objectives
4. Programme Delivery
5. Responsibilities – Authorities
6. Responsibilities – Local Authority Energy Partnership (LAEP)
7. Appointment and Duration
8. Tenure
9. Energy Company Obligation (ECO) Funding
10. Eligibility Criteria
11. Acknowledgment and Publicity
12. Intellectual Property Rights
13. Data Protection
14. Value Added Tax (VAT)
15. Withholding, Suspending and Repayment of Funding
16. Warranties
17. Insurance
18. Duration
19. Termination
20. Term
21. Appendix 1
22. Appendix 2
23. Appendix 3
7th March 2016
3
3
3
4
5
6
6
7
8
8
8
8
8
8
9
10
11
11
11
12
13
15
16
Page 2
1. Introduction
This Memorandum of Understanding (MoU) sets out a relationship between Mansfield District
Council (Authority) and the Nottinghamshire and Derbyshire Local Authorities’ Energy
Partnership (LAEP).
The MoU is designed to clarify the roles and responsibilities of both parties in working towards
the aims of the Nottinghamshire Warm Homes on Prescription Project (NWHOP).
The project will be overseen by the Project Board. The members of this board and the ‘Terms of
Reference’ for this board can be found in Appendix 1.
2. Project Aims
To pilot and evaluate the provision of a coordinated, targeted approach to supporting people on
low incomes, who have health conditions that are exacerbated by living in cold, energy
inefficient homes.
The rationale for this MoU is summarised as follows:
The LAEP has been awarded £325k of funding from National Energy Action (NEA) to be
accessed by the fifteen district and borough councils in Nottinghamshire and Derbyshire. Each
district and borough council has the potential to access an equal share of this funding (£21.6k)
although in reality this will vary due to operational differences.
Additional funding for similar works is available from a grant secured by the LAEP from the
Department of Energy and Climate Change (DECC) Booster Fund; each district and borough
council has the potential to access £4k of this funding.
This gives each district and borough council the potential to access around £25,600.00
INCLUDING VAT to enable them to deliver the project; this MoU outlines these obligations.
All Nottinghamshire districts are included in the project scope and qualifying householders will
benefit from the services offered through the project.
3. Principal Objectives
The principal objectives of the Nottinghamshire Warm Homes on Prescription project are:
To have a coordinated approach to improving energy efficiency measures in targeted
properties throughout Nottinghamshire
7th March 2016
Page 3
The approach will ensure that the following groups of people are targeted and prioritised who
live in their own homes or in private rented properties to receive tailored support including:

People with a specified long term health condition.

Living in properties which are least energy efficient.

People on low incomes with minimal savings.
To evaluate the data and assess the impact upon clients’ wellbeing and their ability to keep
warm and well at home.
To maximise the income of clients to ensure they can afford to keep warm.
To incorporate a methodology which allows for effective referral to other services which address
issues associated with the wider determinants of health.
To provide additional gap funding, via the DECC Booster Fund, where NEA funding or eligibility
is restricted and prevents occupiers benefiting from the full range of efficiency measures
required.
To ensure effective data capture occurs in accordance with agreed information governance
protocols to enable full evaluation of the health impact of the service.
To work with the WHOP’s Programme Manager to investigate Energy Company Obligation
(ECO) funding in addition to NEA and DECC funding.
4. Programme Delivery
The project is broken down into two phases:

Project Initiation: December 2015 to March 2016.
The process and systems will be developed and implemented at each individual authority to
ensure a consistent message and delivery model.
Each Local Authority will identify and engage with GP practices to compile patient address lists
for targeting and prepare the practices for a delivery phase in March 2016 or as agreed by each
individual authority with the GP practice and Programme Manager.
7th March 2016
Page 4

Delivery Phase: April 2016 to March 2017 or as agreed by each individual authority
with the GP practice and Programme Manager (possible extension into summer
2017, subject to approval from NEA and/or DECC).

Deliver the project across Nottinghamshire through one or more GP practices per
district. The WHOP’s Programme Manager will monitor and evaluate the outcomes of
delivery for the LAEP, NEA and DECC. The evaluation process will use qualitative
and quantitative approaches and the WHOP’s Programme Manager will produce an
interim report in November 2016.
All parties shall make efforts to draw in additional external funding and support during the
course of this phase to ensure that the programme is viable in the long term.
5. Responsibilities – Mansfield District Council
Each Authority shall nominate a competent member(s) of staff to act on behalf of their authority
to be responsible for:

Identifying appropriate local referral networks to deliver wellbeing and health
services. This will include working with the Warm Home on Prescription (WHOP)
Programme Manager to identify any services unique to their particular area.

Engaging GP Practices or PRISM Teams with the project in each Authority area and
ensuring that the WHOP Programme Manager is involved in this process wherever
possible.

Utilising the information and documentation provided by LAEP to ensure a consistent
message.

Carrying out home visits to assess the energy efficiency of the property

Assessing whether the owner can afford to keep their home warm and whether their
energy costs could be reduced or income increased

Providing essential information for the occupier about the importance of keeping
warm to protect their health.

Attending relevant training events and project meetings

Compiling case studies profiling the projects achievements
7th March 2016
Page 5
The Authority shall not use the funding to:

pay for any internal costs or liabilities associated with staffing the project

undertake works that have not been approved by the WHOP Programme Manager.
The Authority shall keep separate, accurate and up-to-date accounts and records of the receipt
and expenditure of the monies received. These records must be kept for a period of at least six
years following expiry of the project period.
On a monthly basis the Authority shall provide WHOP Programme Manager with:

a financial report.

a completed data sheet.

a progress report.
The Authority shall provide LAEP with the reports within 20 Working Days of the last day of the
month to which it relates.
6. Responsibilities – Local Authority Energy Partnership (LAEP)
For the duration of this MoU the LAEP is responsible for:

closely monitoring the delivery and success of the project across Nottinghamshire to
ensure that the aims and objectives of the project are being met.

setting out individual authority targets and monitor the mutually agreed milestones
with for the duration of the project.

releasing funding to the Authority in order to pay for authorised works.

providing documentation, mentoring and support tailored to each individual
Authority’s need.

collating case studies profiling the projects achievements.
7. Appointment and Duration
Funds shall continue to be released to the Authority subject to:
7th March 2016
Page 6
 the Authority’s progress report being received in a format agreed by the WHOP
Programme Manager
 the Authority’s progress in meeting mutually agreed milestones.
 satisfaction that the Authority’s expenditure of the funding is in accordance with the
MoU, and represents actual expenditure incurred.
The WHOP’s Programme Manager shall release the funding to the Authority on receipt of
approved invoices from the Authority by way of limited orders via Derbyshire County Council
(DCC).
The total amount of funding shall not be increased in the event of any overspend by the
Authority in its delivery of the project unless agreed in advance with the WHOP Programme
Manager.
The Authority shall be aware that should any part of the funding remain unspent for any reason,
this will be re-distributed across the project at the Project Board’s discretion.
8. Tenure
Both the NEA and DECC funding can be used to support the following residents

Owner occupiers

Private rented tenants
Every effort to contact the landlord or their agent of a privately rented property should be made
and the following action taken:

Enforcement (when deemed appropriate)

Energy Company Obligation Funding with Landlord top-up, if required, to eligible
tenants
The LAEP will support the private rented sector conditional upon:

All other avenues have been investigated

There is a tenancy agreement in place or a certificate of intended letting from the
Landlord for a minimum period of 6 months

A signed record of the Landlords consent to the works
7th March 2016
Page 7
9. Energy Company Obligation (ECO) Funding
All efforts should be made to utilise ECO funding for qualifying residents
The Authority shall take all reasonable steps to avoid any duplication between the works that
are funded as part of the project and any works funded as part of any other energy efficiency
scheme administered by the Authority, including without limitation the Energy Companies
Obligation.
These steps shall include (but not be limited to) ensuring its agreements with third-party
contractors include a provision which restricts those contractors from supporting third-party
energy suppliers from claiming works funded as part of the project as eligible measures under
the Energy Companies Obligation.
10. Eligibility Criteria
Please refer to Appendix 2 and Appendix 3 for details of the eligible improvement measures
and householder eligibility criteria.
11. Acknowledgment and Publicity
The Authority shall comply with:

Not publishing any material relating to the charitable grant, the Project, NEA or the
Authority without prior written agreement from the WHOP Programme Manager
12. Intellectual Property Rights
Ownership of the Intellectual Property Rights in the outputs created or acquired by the Authority
in performing the Project along with all data shall belong to National Energy Action (NEA).
Please seek permission from the LAEP before publishing any material associated with this
project.
All documents produced and provided by the LAEP to support this project should remain
confidential and not shared with third parties without the permission of the LAEP
13. Data Protection
The Authority shall, in performing its obligations under this MoU, comply in all respects with the
Data Protection Act 1998 (or any equivalent legislation in any applicable jurisdiction).
14. Value Added Tax (VAT)
7th March 2016
Page 8
Value Added Tax is none reclaimable and therefore all funding allocation, quotations and
budgeting should be inclusive of VAT.
VAT should be charged at 5% for works relating to heating installations
VAT should be charged at 20% (standard rate) for all other work
15. Withholding, Suspending and Repayment of Funding
If any of the following events set out in this MoU occur then the Project Board may direct that
any further release of funds be suspended.
The events referred to are:

the Authority or any of its Personnel commits or has committed fraud in any respect
under the MoU;

the Authority uses the Fund for purposes other than those for which they have been
awarded;

the Project Board considers that the Authority has not made satisfactory progress
towards the delivery of the mutually agreed targets/milestones

the Authority, in the reasonable opinion of the Project Board, is not delivering the
project with due skill, care and diligence;

the Authority obtains Duplicate Funding from a third-party for the Project, including
without limitation funding from the Energy Companies Obligation (ECO), or any other
energy efficiency scheme.

the Authority provides the WHOP Programme Manager with any material that is
misleading or inaccurate information;

the Authority commits or has committed a Prohibited Act;

any member of the Governing Body, Personnel or volunteer of the Authority has (a)
acted dishonestly or negligently at any time and directly or indirectly to the detriment
of the Project or (b) taken any actions which, in the reasonable opinion of Project
Board, bring or are likely to bring NEA’s, DECC’s, DCC or the LAEP’s name or
reputation into disrepute;
7th March 2016
Page 9
16. Warranties
The Authority warrants, undertakes and agrees that, at the Commencement Date and on the
date each Fund release is made:

it has all necessary resources and expertise to deliver the Project.

all those engaging with householders have clearance and registration, where
appropriate, through the Disclosure and Barring Service for working with vulnerable
people;

it has not committed, nor shall it commit, any Prohibited Act;

it shall at all times comply with all relevant legislation relating to the Project and all
applicable codes of practice and other similar codes or recommendations relating to the
Project, and shall notify LAEP immediately of any significant departure from such
legislation, codes or recommendations;

it has and shall keep in place adequate procedures for dealing with any conflicts of
interest;

all technologies installed come provided with a minimum of two (2) years warranty.

all installer workmanship comes provided with a minimum of twelve (12) months
warranty.

all installations comply with the manufacturers installation instructions and are installed
by contractors registered with appropriate industry bodies and regulators.
All technologies will conform to:

Current legislation.

Industry standards.

Approved certification body standards.

Insurance.
7th March 2016
Page 10
17. Insurance
The Authority should have the following insurance and provide certification upon request:

public liability insurance with a limit of indemnity of not less than ten million pounds
(£10,000,000) in relation to any one claim or series of claims arising from the Project;

employer’s liability insurance with a limit of indemnity of not less than five million
pounds (£5,000,000) in relation to any one claim or series of claims arising from the
Project;

professional indemnity/contract liability insurance with a limit of indemnity of not less
than two million pounds (£2,000,000) for each individual claim or such higher limit as
maybe reasonably required (and as required by law) from time to time.
18. Duration
Except where otherwise specified, the terms of this MoU shall apply from the date of this MoU
until the sixth anniversary of the expiry of the Project Period.
Any obligations under this MoU that remain unfulfilled, following the expiry or termination, shall
survive such expiry or termination and continue in full force and effect until they have been
fulfilled.
19. Termination
The Authority may terminate this MoU on providing the Project Board with one (1) months’
written notice in order that any remaining funding can be re-allocated across the project at the
Project Boards discretion.
7th March 2016
Page 11
20. Term
The duration of this MOU is from the date of signing until 31st March 2017 (possible extension
into summer 2017, subject to approval from NEA) unless either party wishes to change the
terms of the MoU in which case they should do so by mutual agreement.
Signed on behalf of the LAEP
Signature
…………………………………………
Name
Signed on behalf of Mansfield District Council
Signature
…………………………………………….
Name
Phil Keynes
Title:
Title:
LAEP Chair
Team Manager, Energy and Carbon
Manager, Nottinghamshire County
Council
………………………………………….
…………………………………………
Date
Date
7th March 2016
Page 12
21. Appendix 1Nottinghamshire Warm Homes on Prescription
Project Board Terms of Reference
Created: January 2016
Review date: July 2016
Board Members
Joanna Cooper
Public Health (Advisory)
Jill Finnesey
Mansfield District Council
Jenni French
Ashfield District Council
Phil Keynes (Vice Chair)
Nottinghamshire County Council (Advisory)
Leanne Monger (Chair)
Newark and Sherwood District Council
Sam Palmer
Gedling Borough Council
Paul Phillips
Rushcliffe Borough Council
Andrew Pooley
Broxtowe Borough Council
Christine Staniforth
Bassetlaw District Council
Purpose
The role of the Board is to provide robust governance to the project. All roles and responsibilities
regarding delivery and reporting are detailed in the project’s Memorandum of Understanding
between the LAEP and each participating Authority.
Members
The Board comprises of one named officer from each district or borough council; a second named
officer could attend any meetings in addition to or in place of the first named officer. An officer from
each council will attend each meeting. A representative from the County Council and Public Health
will be on the Board in an advisory role. A representative(s) from a CCG(s) may also be invited to
attend Board meetings in an advisory capacity.
Objectives
To successfully deliver the project in accordance with funder’s requirements and the project’s
Memorandum of Understanding (MoU). Details can be found in the MoU relating to:
•
Targets
•
Roles and responsibilities
•
Reporting
7th March 2016
Page 13
Decision making
The Board is also a platform to discuss and review the project and will make decisions about
certain issues, including the project’s future sustainability. Decisions will be made through
discussion and by consensus unless no agreement can be reached, in which case each
district/borough council will have one vote.
The LAEP will organise quarterly meetings for the Board for the duration of the project.
Requests for topics/items to be included on the Board Meeting agenda should be made to the
project’s Programme Manager two weeks before the meeting.
7th March 2016
Page 14
22. Appendix 2 - HOUSEHOLDER ELIGIBILITY FOR ASSISTANCE
All householders who satisfy these
criteria would qualify for a home visit.
Basic eligibility



Tenure – private sector
Relevant health condition
Fuel poverty - struggling

Passport benefits
(Pension Credit, Child Tax
Credit and in-work benefits
with child or disability
elements)
N
O

Gross household income
<£16k

NEA FUND
HHCRO
 Works may be
ineligible if too
costly or nonstandard.
 May need top up
funding.
Savings < £16k
Use for whole costs of works up to £4k.
DECC BOOSTER FUND
Use to:
 Top up HHCRO
 Top up NEA fund if > £4k (‘Gap
funding’)
 NEA ‘Match funding’ (1 in 10 jobs)
 Enabling measures for all other jobs
7th March 2016
Page 15
HEATING
23. Appendix 3 - ELIGIBLE MEASURES AND FUNDING STREAMS
Measure
HHCRO
Replace old + inefficient gas system / bolier (working or
broken) - straightforward
 top up
may
be
needed
NEA
DECC
BOOSTER
 use for whole
cost only

use
for
whole cost or
top up
Non-straightforward version of above


Replacing or repairing broken condensing boiler


New gas central heating where there is none.


Replace solid fuel back boiler with gas central heating


Replace electric storage heaters with gas central heating


Replace solid fuel back boiler in off gas area with LPG


Add radiators


Minor works: timers, TRV, room thermostats, extra radiators










Virgin loft
ECO

Loft top up
Cavity wall fill

ENABLING
INSULATION
Hard to fill cavity

Draught proofing
Solid wall

Minor building works linked to heating eg. chimney repair

Ventilation /condensation

Clearing – hoarding

7th March 2016
Page 16
Measure
HHCRO
ECO
NEA
DECC
BOOSTER

Damp and mould

Glazing, external doors

Dehumidifier

ADDITIONAL MISC
Cleaning
7th March 2016
Page 17