Agenda item
Consideration of correspondence in relation to the interpretation of section 6.8.1 of the Determination (leasing, sub-letting and sharing) and section 2.5 of the Determination (support from central funds relating to Covid-19 pandemic)
Minutes:
1.1
The Chair welcomed everyone to the meeting.
1.2
The Board noted apologies from Jane Roberts.
1.3
The Board considered the correspondence from the
Chief Executive and Clerk requesting clarification from the Board about its
expectations in relation to the interpretation of section 6.8.1, and related
matters under section 2.5, of the Determination.
1.4
The Board discussed its expectations and agreed
to respond to the Chief Executive and Clerk to outline them in writing as
detailed below.
1.5
The Board confirmed its intention that the
requirements in paragraph 6.8.1 of the Determination apply to all new rental
agreements and all renewals of rental agreements (but not routine rent reviews
undertaken in accordance with an existing agreement). The aim of the Board is
that, over time, all lease/rental agreements in place will have been subject to
valuation and Members will have received legal advice on the suitability of
their agreement.
1.6
In relation to the scenarios for returning
Members listed in the Chief Executive’s letter, the Board would expect the
requirements in 6.8.1. (a) – (d) to apply.
1.7
The Board was content with the Chief
Executive’s interpretation of the provisions made through the Covid Fund,
subject to the following considerations:
·
The
Board agreed that, where a Covid risk assessment concludes that additional
office space needs to be taken:
o
the
associated legal and valuation costs under 6.8.1 would be met from the Covid
Fund (i.e. central funds under section 2.5 of the Determination);
o
this
risk assessment would need to be undertaken by a suitably qualified Health and
Safety professional (the cost of which would also be met from the Covid Fund)
and a copy of the risk assessment provided to MBS;
o
any
resulting additional rental costs would also be met from the Covid Fund for a
maximum of 2 years from the date on which the rental agreement is made (costs
thereafter would need to be claimed from the Office and Constituency Liaison
Fund).
- The Board agreed that, where a
Covid risk assessment concludes that adaptations to the office space are
necessary, costs will be met from the Covid Fund subject to the following
conditions being met:
o
the
risk assessment would need to be undertaken by a suitably qualified Health and
Safety professional (the cost of which would also be met from the Covid Fund);
o
a
copy of the risk assessment would need to be provided to MBS;
o
statements
of the following would need to be provided by the Member to MBS:
that the changes they are proposing to
make to the office are allowed within the terms of the lease and that there are
no reparation costs (or a statement as to what those costs may be in future);
that the changes are necessary and are the
best reasonable option to address the risk and provide value for money, based
on the risk assessment.
- The Board agreed that, in the
event that:
o
a
landlord does not consent for the Member to make the adaptations required by a
Covid risk assessment undertaken by a suitably qualified Health and Safety
professional, or
o
a
Covid risk assessment undertaken by a suitably qualified Health and Safety
professional suggests that an existing premises is not fit for purpose,
the Member can submit to the Board an exceptional
expenses claim under section 2.4 of the Determination for costs associated with
forgoing the lease and/or any other costs associated with an office move.
- The Board also agreed that, in the
event that a landlord places additional requirements on the Member in
association with the adaptations required by a Covid risk assessment
undertaken by a suitably qualified Health and Safety professional, the
Member can submit an exceptional expenses claim to the Board under section
2.4 of the Determination for associated costs.
- The Board agreed to consider a
quarterly report of costs met by the Covid Fund.
Action: The Secretariat to draft a response to
the Chief Executive and Clerk outlining its expectations in relation to section
6.8.1, and related matters under section 2.5, of the Determination.