Capital Strategy 2020/21-39/40 and Treasury Management Strategy 21/22

The Capital Strategy sets out the capital investments MOPAC anticipates making for the long term, whilst the Treasury Management strategy summaries that planned capital spending and sets out how MOPAC will manage its borrowings and investments over the short and medium term.

The GLA will continue to implement the MOPAC Treasury Management strategy via the Treasury Management Shared Service arrangement. The GLA Group Investment Syndicate (GIS) is used to manage all MOPAC investments, to generate financial and risk reduction benefits. The current MOPAC Treasury Management Strategy makes use of both the GLA Group Investment Syndicate for investment purposes and has the capacity if required to make investments in its own name. This is designed to spread counter party risk.

The external debt and treasury management limits and indicators in Appendix 2 are consistent with the MOPAC medium term financial strategy and 2021-22 budget.

The Deputy Mayor for Policing and Crime is recommended to approve the:

1. 2020/21-2039/40 Capital Strategy as set out in Appendix 1, and

2. 2021-22 Treasury Management Strategy Statement and supporting detail as set out in Appendix 2.

1. Introduction and background

1.1. The Chartered Institute of Public Finance and Accountancy (CIPFA) requires the production and publication of a Capital Strategy. In addition, CIPFA’s Code of Practice for Treasury Management in Public Services (the CIPFA TM Code) and the Prudential Code require that MOPAC adopts a Treasury Management Strategy Statement (TMSS), Treasury Management Policy Statement and Prudential Indicators on an annual basis. The TMSS also incorporates the Investment Strategy as required under the Communities and Local Government’s (CLG) Investment Guidance.

1.2. The purpose of the Capital Strategy is to drive the Mayor’s capital investment ambition, whilst ensuring the sustainable, long term delivery of services.

1.3. The Treasury Management Strategy Statement 2021/22 defines the policies and objectives of MOPAC's treasury management activities and roles and responsibilities. In accordance with the scheme of delegation and consent it is the responsibility of the Deputy Mayor to approve the policy and strategy each year which are set out at Appendix 2. This provides an opportunity to review the current arrangements, and MOPAC’s risk appetite.

1.4. The GLA Group Treasury services provide the day to day management and delivery of the MOPAC treasury management function.

1.5. In June 2013 MOPAC signed up to the GLA operated Treasury Management shared service as part of the wider GLA shared service agenda.

2. Issues for consideration

Capital Strategy 2020/21-2039/40

2.1. This sets out the MOPAC Capital Programme 2020/21-2024/25 on an annual basis, and the anticipated capital expenditure for the following 15 years in five year ‘tranches’. The expected funding streams to finance the capital expenditure is also set out and the consequent funding gap which is assumed to be financed by borrowing.

2.2. For MOPAC the benefits of producing a Capital Strategy are the transparent alignment of scarce capital resources to priorities, and ensuring a sustainable, long term delivery of services which gives due regard to risk and reward.

TM Strategy Issues

2.3. The MOPAC Treasury Management Strategy, in line with the CIPFA Code of Practice, states that investment priorities are security first, liquidity second and then return.

Borrowing

2.4. The approved 2021/22 capital programme funding includes provision for new borrowing of £272m. MOPAC has reserves which are used to help finance the capital programme reducing the need to borrow externally. Borrowing will only be undertaken where necessary and subject to the profile of capital spend, capital receipts and other funding streams.

2.5. MOPAC currently maintains an under-borrowed position, such that the capital financing requirement has not been fully funded with loan debt but by using the cash supporting MOPAC’s reserves, balances and cashflow. The delivery of the future capital programme, budgeted revenue savings, use of reserves and the phasing of new asset disposals will impact the cashflow, and will continue to be kept under review.

2.6. The proposed strategy includes that if necessary MOPAC borrow temporarily to cover any expected shortfall. This reduces the risks of holding excess balances and the cost of carry. As investment returns are low it is proposed to continue this approach. Where an opportunity to reschedule existing debt is identified this will be undertaken within the limits of this strategy.

Investment

2.7. The primary objective for MOPAC is the security of capital, followed by maintenance of liquidity, with the return on investments being a tertiary consideration.

2.8. DMPC is asked to approve the treasury indicator that outside of externally managed funds or the pooled GIS funds MOPAC will not invest any principal sums for greater than 1 year.

2.9. The proposal is to continue to invest MOPAC funds fully within the GLA GIS. This is providing security whilst generating returns in excess of the 3 month London Interbank Bid Rate (LIBID) benchmark.

2.10. In respect of lending to local authorities and the ongoing press interest in them investing in commercial activities, in order to understand better the risk profile when considering lending to local authorities the GLA will continue to replicate the PWLB’s questions to borrowers relating to affordable borrowing limit and lawful use of funds and rely on the existing wording “The CIO may restrict the use of any counterparty for any reason related to the management of risk, including reputational risk to any Participant. Such restrictions may be overturned by any majority of Syndics”.

2.11. Based on current balances MOPAC’s proportion of the GIS is circa 3%, (although this will change with the changes in MOPAC and other GIS members balances).

2.12. The proposed changes to the investment strategy include increasing the maximum exposure limit for senior Residential Mortgage Backed Securities (RMBS) from 20% to 35%, and including a 10% maximum exposure limit to longer dated strategic investments managed by authorised and regulated firms and held within a GLA partnership structure.

Benefits to MOPAC

2.13. The benefits to MOPAC of remaining within the GIS arise from access to a broader range of instruments and greater stability of pooled cashflows. This enables potentially longer deposit periods and higher returns without materially affecting risk. Placing all MOPAC funds within the GIS enables investment to be focussed on the relatively stronger counterparties.

2.14. Historic MOPAC cashflow indicate expected fluctuating cash balances over the next couple of years. Using the GIS, as it operates a more dynamic approach to setting counterparty limits, diversifies credit risk on a continuous basis at all levels of total investment cash, based on a percentage of the total forecast cash.

2.15. MOPAC officers will continue to work closely with GLA colleagues and the Treasury Management advisers to review and improve the strategy where possible, and to ensure that the MOPAC investment priorities of security first, liquidity second and then return continue to be achieved.

2.16. The overachievement of the benchmark for returns MOPAC currently generates is consistent with the other GLA/Functional Bodies using the GIS for all their investments.

2.17. All MOPAC investments are carried out in line with the MOPAC Treasury Management Strategy.

Prudential Indicators and Treasury Management Limits

2.18. Appendix 2C sets out the proposed 2021/22 range of prudential indicators and Treasury Management limits.

2.19. From 2022-23, the GLA Group, as part of the local government sector, will be required to adopt a new international financial reporting standard (IFRS 16) for leasing. The assets and liabilities of all significant leases of over 12 months will be recognised on the balance sheet. To ensure compliance with IFRS 16, the operational and authorised borrowing limits will increase from the levels shown in the above tables. Updated borrowing limits will be published separately, once a detailed data gathering exercise has been completed, during the 2021-22 financial year.

Management Arrangements

2.20. MOPAC has an Arrangement for Delegation for the treasury management function to the GLA. It will be the responsibility of the GLA to ensure that the function is adequately resourced and controlled.

2.21. The GLA has entered into a investment management arrangement with London Treasury Limited (LTL) a wholly GLA owned entity which is Financial Conduct Authority (‘FCA’) authorised and regulated. LTL will be referred to as the Manager in the investment strategy and most references to the Chief Investment Officer (CIO) will be replaced by references to the Manager, reflecting LTL’s corporate accountability. In practice, the CIO will still be the individual approving the current discretions, in his capacity as LTL’s Managing Director.

2.22. The creation and use of LTL was undertaken to

• Assist in the professionalisation and separation of duties recommended by the GLA’s independent treasury advisors, and to

• Facilitate the expansion of services to London Boroughs who, under the relevant legislation for shared services, cannot delegate investment functions to the GLA itself.

2.23. The MOPAC Chief Finance Officer will receive regular reporting from the GLA/LTL on risks, performance, progress and strategic financing advice. Treasury Management advice will be provided by Link Asset Services.

2.24. GLA Group Treasury will liaise with MOPAC/MPS for the management of cash flow.

2.25. CIPFA has recently issued a consultation paper on the Prudential Code to address “growing concerns over local government commercial property investments“. CIPFA is seeking comments on their proposals to change the code by 12 April 2021. MOPAC does not borrow “more than or in advance of their needs purely in order to profit from the investment of the extra sums borrowed” which is the key issue CIPFA is looking to address. If changes are made to the Prudential Code MOPAC will consider any implications for its TM strategy.

3. Financial Comments

3.1. The cost of borrowing for 2021/22 is currently estimated to be £28m for interest payable, and there is budget of £45.7m for minimum revenue provision. Budgets for this income and expenditure are included in the MOPAC/MPS budget for 2021/22.

3.2. The cost of the shared service arrangement with the GLA will be met from within existing resources.

4. Legal Comments

4.1. Under Section 1 of the Local Government Act 2003, MOPAC as a local authority defined under s23 of that Act, may borrow money for any purpose relevant to its functions under any enactment, or for the purpose of the prudent management of its financial affairs.

4.2. The Mayor is required under s3 of the Local Government Act 2003 to determine how much money the GLA and each functional body (which includes MOPAC) can afford to borrow. In complying with this duty, Regulation 2 of the Local Authorities (Capital Finance and Accounting)(England) Regulations 2003 requires the Mayor to have regard to the Prudential Code for Capital Finance in Local Authorities when determining how much MOPAC can afford.

4.3. MOPAC’s scheme of delegation provides that the Chief Finance Officer, as the s127 officer, is responsible for the proper administration of the MOPAC’s financial affairs.

4.4. An investment strategy statement must be completed as part of risk management and good governance. The report is submitted in compliance with TMSS and DCLG requirements in this regard.

5. Commercial Issues

5.1. The provision of the Treasury Management shared service arrangement is on a cost recovery basis. The benefits of the shared service function are set out above.

6. GDPR and Data Privacy

6.1. MOPAC will adhere to the Data Protection Act (DPA) 2018 and ensure that any organisations who are commissioned to do work with or on behalf of MOPAC are fully compliant with the policy and understand their GDPR responsibilities.

6.2. The proposal does not use personally identifiable data of members of the public therefore there are no GDPR issues to be considered

7. Equality Comments

7.1. MOPAC is required to comply with the public sector equality duty set out in section 149(1) of the Equality Act 2010. This requires MOPAC to have due regard to the need to eliminate discrimination, advance equality of opportunity and foster good relations by reference to people with protected characteristics. The protected characteristics are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.

7.2. There are no equality or diversity implications arising from this report

8. Background/supporting papers

8.1. Appendix 1 Capital Strategy 2020/21-2039/40

8.2. Appendix 2 Treasury Management Strategy 2021/22