Meeting of the Full Council Meeting to be held on 25 February 2010 Report of the Executive Director for Resources Part A - Item No. 9 Electoral Division affected: All Treasury Management Policy and Strategy 2010/11 Contact for further information: Mike Jensen, 01772 534742, Resources Directorate Executive Summary This report outlines the Treasury Management Policy and Strategy for 2010/11, including the Treasury Management Prudential Indicators, Borrowing Strategy and Investment Strategy as agreed by County Council on 17 December 2009. To the extent the current Capital Programme proposals are varied by Cabinet or by County Council, the figures contained within this report will also change as appropriate. The report also asks the County Council to formally adopt the updated CIPFA Treasury Management Code of Practice. Recommendation The County Council is asked to : A). Approve the revised Treasury Management Policy for 2010/11, and adopt the updated CIPFA Code of Practice: B) Approve the Treasury Management Strategy for 2010/11, including: a) The Treasury Management Prudential Indicators (item 3) b) The Borrowing Strategy (item 6) c) The Annual Investment Strategy (item 8) -2Background The County Council has always conducted its Treasury Management activities within the stipulations laid down in CIPFA’s Prudential Code for Capital Finance and Treasury Management Code of Practice. An updated Treasury Management Code of Practice has been issued following the House of Commons Select Committee and the Audit Commission investigations into the collapse of the Icelandic banks, and the main points of the new code are presented in this report. The new code, along with the existing code already adopted by the County Council, require that local authorities produce an annual Treasury Management Strategy. Regulations require that these documents are adopted by the Full Council. This report also contains the Strategy for 2010/11. 1. The CIPFA Revised Treasury Management Code of Practice and Revised Treasury Management Policy Statement. The revised code a) All authorities must formally adopt the revised Code and four clauses b) The strategy report will affirm that the effective management and control of risk are prime objectives of the authority’s treasury management activities. c) The Council’s appetite for risk must be clearly identified within the strategy report and will affirm that priority is given to security of capital and liquidity, ahead of return when investing funds and explain how that will be carried out. d) Responsibility for risk management and control lies within the organization and cannot be delegated to any outside organization. e) Credit ratings should only be used as a starting point when considering risk. Use should also be made of market data and information, the quality financial press, information on government support for banks and the credit ratings of that government support. f) Authorities need a sound diversification policy with high credit quality counterparties and should consider setting country, sector and group limits. g) Borrowing in advance of need is only to be permissible when there is a clear business case for doing so and only for the current capital programme or to finance future debt maturities. h) The main annual treasury management reports MUST be approved by full council. i) There will be a mid year review of treasury management strategy and performance. This is intended to highlight any areas of concern that have arisen since the original strategy was approved. j) Each authority must delegate the role of scrutiny of treasury management strategy and policies to a specific named body. k) Treasury management performance and policy setting should be subjected to prior scrutiny. l) Members should be provided with access to relevant training. m) Those charged with governance are also personally responsible for ensuring they have the necessary skills and training. n) Responsibility for these activities must be clearly defined within the organization. -3o) Officers involved in treasury management must be explicitly required to follow treasury management policies and procedures when making investment and borrowing decisions on behalf of the authority (this will form part of the updated Treasury Management Practices). The strategy statement contained within this report has been prepared in accordance with the revised Code. Accordingly, the Lancashire County Council's Treasury Management Strategy will be considered annually by the Cabinet and approved by the full County Council, and there will also be a mid year report. In addition there will be monitoring reports and regular review by members in both executive and scrutiny functions. The aim of these reporting arrangements is to ensure that those with ultimate responsibility for the treasury management function appreciate fully the implications of treasury management policies and activities, and that those implementing policies and executing transactions have properly fulfilled their responsibilities with regard to delegation and reporting. This Authority will adopt the following reporting arrangements in accordance with the requirements of the revised Code: - Area of Responsibility Committee/ Officer Frequency Treasury Management Policy Statement (revised) Full Council Initial adoption in 2010 Full Council Annually before the start of the next financial year Full Council Mid year Treasury Management Strategy / Annual Investment Strategy / MRP policy Treasury Management Strategy / Annual Investment Strategy / MRP policy – mid year report Treasury Management Strategy / Annual Investment Strategy / MRP policy – updates or revisions at other times Full Council Full Council Annually by 30 September after the end of the year Treasury Management Monitoring Reports Executive Director for Resources Quarterly as a minimum. The Executive Director currently conducts a monthly Treasury Management Review meeting Treasury Management Practices Scrutiny of treasury management strategy Scrutiny of treasury management performance Executive Director for Resources Annually Audit Committee Annually before the start of the year Audit Committee Quarterly Annual Treasury Outturn Report -4- 2. Treasury Management Strategy 2010-2011. In setting the treasury management strategy (revised strategy agreed by County Council 17 December 2009), the following factors have been taken into account; economic forecasts, the level of the approved Capital Programme and the current structure of the Authority’s debt portfolio. It covers the following aspects of the treasury management function Prudential Indicators which will provide a controlling framework for the treasury management activities of the Authority; Long-term debt outstanding; Prospects for interest rates; The Borrowing Strategy; The Investment Strategy. Policy on borrowing in advance of need. 3. Prudential Indicators for 2009/10 to 2011/12 in respect of the County Council's Treasury Management Activities In accordance with its statutory duty and with the requirements of the Prudential Code for Capital Finance and the CIPFA Code for Treasury Management, the County Council produces each year a set of prudential indicators which regulate and control its treasury management activities. The following table sets out the debt and investment-related indicators which provide the framework for the County Council’s proposed borrowing and lending activities over the coming three years. These indicators are approved by members as part of the Capital Programme approval process along with other capital expenditure-related indicators, but need to be reaffirmed and approved as part of this Treasury Management Strategy. Treasury Management Prudential Indicators 2009/10 (Revised) £000 1. Adoption of the CIPFA Code of Practice for Treasury Management 2010/11 2011/12 2012/13 £000 £000 £000 Adopted 2. Authorised limit for external debt - A prudent estimate of external debt, which reflects the authority’s capital expenditure plans and allows sufficient headroom for unusual cash movements. Borrowing Other long-term liabilities TOTAL 738,000 780,000 770,000 740,000 5,000 5,000 5,000 5,000 743,000 785,000 775,000 745,000 -5- 3. Operational boundary for external debt - A prudent estimate of debt, but no provision for unusual cash movements. It represents the estimated maximum external debt arising as a consequence of the County Council's current plans. Borrowing 703,000 745,000 735,000 705,000 3,000 3,000 3,000 3,000 706,000 748,000 738,000 708,000 640,000 780,000 770,000 740,000 This limit reflects the potential need to take some variable rate debt if interest rates rise to a point where fixed rate borrowing is not attractive. 159,000 390,000 385,000 370,000 6. Limit for Investments over 364 Days 150,000 150,000 150,000 150,000 Other long-term liabilities TOTAL 4. Upper limit for fixed rate debt This limit reflects the fact that the County Council may wish to have all its borrowing at fixed rates. 5. Upper limit for variable rate debt This limit applies for bank deposits only does not apply to investments in UK or AAA rated foreign Government or Supra-national Bank Securities. 7. 4. Maturity structure of Debt Upper Limit % Lower Limit % Under 12 months 25 - 12 months and within 24 months 25 - 24 months and within 5 years 30 - 5 years and within 10 years 50 - 10 years and above 100 25 Current Debt Portfolio Position The table below shows the currently estimated year-end position on the County Council’s debt portfolio assuming no further borrowing in the current year and after the final debt repayment instalment for the year to be made by transferee authorities to the County Council on 31 March 2010. Type of Debt Amount -6£000 % 500,991 78 30,000 5 Short term borrowing from other Local Authorities 108,000 17 TOTAL DEBT 638,991 Debt for which the County Council is financially responsible 587,991 92 Debt relating to assets transferred to other Authorities 51,000 8 Long-term fixed rate PWLB debt Long-term variable rate PWLB debt TOTAL 638,991 5. Borrowing Requirement and prospects for interest rates The County Council's estimated borrowing requirement for the current year and the next three years is as follows: 2009/10 Revised £000 2010/11 2011/12 2012/13 £000 £000 £000 Net Supported Borrowing 54,214 39,814 27,900 18,721 Net Unsupported Borrowing 44,998 41,136 42,714 0 Maturing Long-Term Debt 15,029 9,029 10,514 10,008 4,069 3,908 3,010 2,677 Less Statutory Charge to Revenue 21,175 24,272 26,539 28,302 Less loans already taken out 17,459 TOTAL BORROWING REQUIREMENT 71,538 61,799 51,579 2,750 Less Transferred Debt In planning its borrowing to meet these requirements, the Authority will consider the prevailing and forecast interest rate situation. Regular forecasts of interest rates, from a range of forecasters, are provided by Sector Treasury Services, who act as treasury management advisers to the County Council. The latest forecast is shown in the table below: -7- In view of the above forecast the Authority's borrowing strategy will be based upon the following information. Rates are expected to gradually increase during the year so it should therefore be advantageous to time new long term borrowing for the start of the year when 25 year PWLB rates fall back to or below the central forecast rate of about 4.65%, a suitable trigger point for considering new fixed rate long term borrowing. PWLB rates on loans of less than ten years duration are expected to be substantially lower than longer term PWLB rates offering a range of options for new borrowing which will spread debt maturities away from a concentration in long dated debt. There is expected to be little difference between 25 year and 50 year rates so therefore loans in the 25-30 year periods could be seen as being more attractive than 50 year borrowing as the spread between the PWLB new borrowing and early repayment rates is considerably less. This would maximise the potential for debt rescheduling and allow the Authority to rebalance its debt maturity profile. If it were felt that there was a significant risk of a sharp FALL in long and short term rates, e.g. due to a marked increase of risks around relapse into recession or of risks of deflation, then long term borrowings will be postponed, and potential rescheduling from fixed rate funding into short term borrowing will be considered. If it were felt that there was a significant risk of a much sharper RISE in long and short term rates than that currently forecast, perhaps arising from a greater than expected increase in world economic activity or a sudden increase in inflation risks, then the portfolio position will be re-appraised with the likely action that fixed rate funding will be drawn whilst interest rates were still relatively cheap. -86. Borrowing Strategy It can be seen from the above table that the borrowing requirement for 2010/11 is £61,799m and the remaining borrowing requirement for 2009/10, having taken no long term borrowing so far this year, is £71,538m. There are a range of options available for the borrowing strategy in 2010/11 and for the remaining borrowing requirement in 2009/10. Variable rate borrowing is expected to be cheaper than fixed rate long term borrowing and will be attractive during the financial year, particularly as variable rates are closely linked to bank rates. Under 10 year PWLB rates are expected to be substantially lower than long term PWLB rates, so this opens up a range of choices that may allow the County Council to spread maturities away from concentration on long dated debt. Against this background, the Executive Director for Resources will, in conjunction with the County Council's advisers, monitor the interest rate situation closely during the coming year and will adopt a pragmatic approach to changing circumstances, but according to current projections, as rates are expected rise gradually later in the year careful monitoring will ensure that borrowing is taken at the most appropriate time before rates increase. 7. Policy on Borrowing in Advance of Need. The Authority will not borrow more than or in advance of need purely in order to profit from the investment of the extra sums borrowed. Any decision to borrow in advance will be considered carefully to ensure value for money can be demonstrated and that the Authority can ensure the security of such funds. In determining whether borrowing will be undertaken in advance of need the authority will; Ensure that there is a clear link between the capital programme and the maturity profile of the existing debt portfolio which supports the need to take funding in advance of need. Ensure the ongoing revenue liabilities created, and the implications for the future plans and budgets have been considered. Evaluate the economic and market factors that might influence the manner and timing of any decision to borrow. Consider the merits and demerits of alternative forms of funding. Consider the alternative interest rate bases available, the most appropriate periods to fund and repayment profiles to use. . 8. Investment Policy The Council will have regard to the CLG’s Guidance on Local Government Investments (“the Guidance”) issued in March 2004, any revisions to that guidance, the Audit Commission’s report on Icelandic investments and the 2009 -9revised CIPFA Treasury Management in Public Services Code of Practice and Cross Sectoral Guidance Notes (“the CIPFA TM Code”). The Council’s investment priorities are: (a) the security of capital and (b) the liquidity of its investments. The Authority will also aim to achieve the optimum return on its investments commensurate with proper levels of security and liquidity. The risk appetite of this Authority is low in order to give priority to security of its investments. The legislative and regulatory background to treasury management activities requires the County Council to set out its proposed use of “specified” and “nonspecified” investments. Broadly speaking, specified investments are sterling cash deposits for periods of 364 days or less with highly credit-rated counterparties (i.e. investments requiring minimal procedural formalities). Non-specified investments fall outside that definition and may be either for longer periods or involve an element of market risk such as bonds or certificates of deposit. The Cabinet at its meeting on 3 December 2009, approved a revised County Council investment strategy, in the light of the effect of the recent economic climate on banks and other financial institutions, and particularly in the light of the Icelandic Bank issue. The revised investment policy is significantly different from the current strategy. It is still based on Sector’s detailed colour coded credit rating matrix, but the maximum investment periods have been extended to facilitate better portfolio management and provide flexibility in responding to market conditions. The minimum sovereign rating for overseas countries is AA, though in practice the vast majority of transactions will be with AAA rated countries. In addition information from the market and risk analysis will be taken into account when identifying suitable counterparties. The main change is the significantly extended limits for UK Government, supranational and other sovereign government bonds (minimum AA+ rating and issued in sterling only), in order to increase the liquidity of the portfolio whilst maintaining the highest level of counterparty credit quality. The approach also means that the list of potential counterparties is large enough to allow there to be choice of investment opportunities at any one time. This has proved difficult in recent months. - 10 - Instrument Credit Rating (using Sector criteria) Maximum Individual Investment(£m) Maximum Period AA+ 250 50 yrs AA+ 250 50 yrs Purple (Highest quality, greatest certainty of support) 100 5 yrs Orange (Highest quality, slightly less certainty of support) 50 3 yrs Red (Highest quality but lower than orange) 30 3 months Green (Quality, but lower than Red and lower certainty of support) 10 1 months Government Institution 100 364 days 50 25 yrs UK Govt Gilts & Treasury Bills Sterling Supranational Bonds Sterling G10 Sovereign Bonds Term Deposits with UK and Overseas Banks (domiciled in UK) and Building Societies Public Works Loan Board – Debt Management Office Deposit Facility Other Local Authorities AAA Money Market Funds AAA Rated, weighted average maturity 3 months 50 These investments do not have a defined maturity date. Certificates of Deposit. Collateralised lending agreements backed by higher quality UK government and supra national sterling securities. AA, with AAA for any collateral used 200 364 days Non credit rated “nationalised” banks Blue 50 5yrs The placing of residual overnight deposits with the County Council’s bank, National Westminster, will not count against the above individual limits. There are three proposed changes to this current policy aimed to improve the security and liquidity of the County Council investments. Firstly an extension of the limit for investment in 'nationalised' banks from £50m to £100m. There is still currently a high degree of turbulence in the financial markets and this change would enable the County Council to increase the proportion of investments placed with banks holding explicit Government guarantees. Secondly it is proposed that any investment in a overnight call account will not count against individual counterparty limits. Call accounts are very secure and liquid investments because they provide instant access to funds. At the present time it - 11 makes good investment sense to use call accounts to guard against market volatility and counterparty credit risk. Thirdly, money market funds provide similar security and liquidity opportunities to call accounts. The AAA rated funds that the County Council are interested in investing in hold Government securities as their main security. Under the current policy these money funds must have a maximum weighted average maturity of 30 days. It is considered that by increasing the maximum weighted average maturity to 60 days the County Council will be able to improve the yield whilst still maintaining the same level of security. The increase in the weighted average maturity of the fund does not affect the fact that the County Council can withdraw funds at any time with same day notice. It is therefore proposed to relax the weighted average maturity restriction to 60 days. Specified and Non Specified Investments The above table provides limits for both specified and non-specified investments. These are categories of investments set out in the Prudential Code and the relevant regulations. Specified investments are sterling deposits in: Ordinary fixed term deposits under one year. Call or notice deposits. Structured deposits or bank and building society certificates of deposit under one year. Sovereign, quasi sovereign or bank commercial paper. UK Treasury bills. UK Gilts, conventional or indexed linked. Money funds less than one year. Reverse repurchase agreements of less than one year, secured by the above. Deposits or bonds (such as secondary LOBOs) with other Local Authorities and statutory bodies. (Periodically other authorities will need to fund cash-flow shortages through short term money market borrowing, in the past authorities borrowed for long term programmes in the form of bonds rather than PWLB borrowing – many of these bonds are still in existence and can be bought and sold in the markets). Bonds issued by or guaranteed by highly rated Sovereign Governments or Supra-national bodies (e.g. European Investment Bank). Non-specified investments are: Ordinary fixed term deposits over one year. Structured deposits or bank and building society certificates of deposit over one year. Bond funds. Reverse-repurchase agreements over one year.(see glossary) Any of the above investments denominated in currencies other than sterling. - 12 Other investment classes are available for investment but may count as capital expenditure, at this stage any such investments fall outside this policy. Day to day Investment Management The total cash investments managed by the County Council include balances invested on behalf of the Pension Fund, the Police and Fire Authority and schools. In the current year, total balances have averaged £548 million, of which the County Council’s own balances have averaged over £350 million. The level of balances is likely to remain high in 2009/10 and, although the prime consideration in investment management must always be the security of the cash on deposit, with such levels of balances it is important, from a budgetary point of view, to maximise investment income. With bank rates falling to exceptionally low levels, investment returns are likely to continue to be far lower than has been the case in recent years. However, in the knowledge that a substantial portion of cash invested will not be required in the short term and to protect against the predicted lower investment rates, investments will be made for longer time periods, depending on cash flow considerations and the prevailing market conditions. The performance target on investments is a return above the average rate for 7 day notice money and this has always been achieved. All the County Council's investments are currently managed 'in-house', but if circumstances were appropriate, the County Council has indicated in its approved Treasury Management Practices that it would consider the appointment of external providers of treasury management services in order to acquire access to specialist skills and resources, such as investment in Gilts, Certificates of Deposit and other allowable instruments. The Executive Director for Resources will continually monitor the attractiveness of these instruments and report to Cabinet if there is any potential value in utilising external investment managers. Also, in recent times, a wider range of investment instruments within the area of sterling deposits has been developed by financial institutions. All of these afford similar security of capital as the basic sterling deposits currently in use but they also offer the possibility, although never of course the certainty, of increased returns. The Executive Director for Resources will, in liaison with the County Council’s advisers, consider the benefits and drawbacks of these instruments and whether any of them are appropriate for the County Council. Because of their relative complexity compared to straightforward term deposits, most of them would fall within the definition of non-specified investments and a report to and the approval of members would be required before any were adopted. 9. Investment in Icelandic Banks. In November 2009 the Landsbanki Is. Winding Up Committee confirmed that wholesale depositors, including local authority deposits, would be treated as preferential creditors within the administration process. This decision was - 13 expected and was the basis of estimates that creditors could expect an eventual payout of around 83p in the pound. However, the Winding Up Committee of Glitnir Bank later decided the wholesale depositors were not preferential creditors in their administration process. At this moment in time there is no direct connection between the Glitnir and Landsbanki decisions but clearly they are inconsistent. Both decisions have been appealed in the courts, and if the Landsbanki decision is overturned, Lancashire could potentially expect a much lower return from the administration process. The appeals processes are currently expected to be concluded in the early Summer 2010. Elected members will be kept informed of developments. On 5 January the Icelandic President vetoed the Icesave agreement with the British and Dutch governments, which was intended to compensate the two governments for the cost of guaranteeing personal savings following the Icelandic banking crisis. This issue is not directly related to the wholesale depositor claims which are to be funded from the assets of the failed bank under the winding up and administration procedures. However, the effect of default on the Icesave agreement on the overall Icelandic issue cannot at this stage be known. It should be noted that part of the winding up process of the failed banks is the liquidation of their remaining assets in order to make cash payments to creditors and therefore the amount of the payments depends on the value of the assets, and that these values may be adversely affected by the Icelandic Government default in relation to Icesave. At present there is no concrete information which suggests that the Authority should change the way the impairment has been recorded in the accounts, but this is constantly under review by the Executive Director for Resources and his advisors, and elected members will be notified if there are any proposed changes to the current accounting treatment. The Government informed Local Authorities in November 2008 that it intends to make a regulation to require Local Authorities to delay recognising in their accounts any loss on these investments that eventually may be incurred until the financial year 2010-11. 10. Debt Restructuring The County Council continuously monitors its debt portfolio and market conditions to evaluate potential savings from debt restructuring. However, recent changes to the way the PWLB calculates premiums and discounts on early repayment of debt have made it very unlikely that the County Council will undertake any further debt restructuring in the foreseeable future. Consultations N/A - 14 - Advice Advice received from Sector Treasury Services Ltd (Advisers to the County Council on Treasury Management issues). Alternative options to be considered - N/A Implications: e.g. Financial, Legal, Personnel, Human Rights, Crime and Disorder or Other Legal. We must adhere to the "Prudential Code for Treasury Management in Local Authorities". Financial and Risk The objective of the revised Treasury Management Strategy is to improve investment returns and reduce borrowing costs while reducing the financial risks to which the Council is exposed. Any representations made to the Cabinet prior to the issue being considered in accordance with the Public Notice of Forward Plans Name: Organisation: Comments: None Local Government (Access to Information) Act 1985 List of Background Papers Paper Date Contact/Directorate/Ext Treasury Management Budget Papers 2010/11 Andy Ormerod - Resources Ext 34740 Sector - Recommended Lending Criteria 2010/11 Andy Ormerod - Resources Ext 34740 2009 Andy Ormerod - Resources Ext 34740 CIPFA Treasury Management Code of Practice Reason for inclusion in Part II, if appropriate N/A
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