Local Action Group Constitution and Terms of Reference

Local Action Group Constitution and Terms of Reference

Flintshire LOCAL ACTION GROUP

1. 1 The Flintshire local action group will operate in the eligible rural wards of Flintshire. These wards are identified in section 1.1 of the local development strategy and are listed below:

Brynford / Flintshire / 2,154
Buckley Mountain / Flintshire / 3,020
Caergwrle / Flintshire / 1,617
Caerwys / Flintshire / 2,568
Cilcain / Flintshire / 1,861
Ffynnongroyw / Flintshire / 1,810
Flint Oakenholt / Flintshire / 3,063
Flint Trelawny / Flintshire / 3,604
Gronant / Flintshire / 1,521
Gwernaffield / Flintshire / 1,941
Gwernymynydd / Flintshire / 1,729
Halkyn / Flintshire / 1,778
Higher Kinnerton / Flintshire / 1,700
Holywell Central / Flintshire / 1,993 / Service centre
Holywell East / Flintshire / 1,759 / Service centre
Holywell West / Flintshire / 2,401 / Service centre
Hope / Flintshire / 2,607
Leeswood / Flintshire / 2,138
Llanfynydd / Flintshire / 1,854
Mold Broncoed / Flintshire / 2,694
Mold East / Flintshire / 1,996
Mold South / Flintshire / 2,713
Mold West / Flintshire / 2,638
Mostyn / Flintshire / 1,843
New Brighton / Flintshire / 3,004
Northop / Flintshire / 3,050
Northop Hall / Flintshire / 1,531
Penyffordd / Flintshire / 3,877
Saltney Mold Junction / Flintshire / 1,378
Sealand / Flintshire / 3,008
Trelawnyd and Gwaenysgor / Flintshire / 1,837
Treuddyn / Flintshire / 1,623
Whitford / Flintshire / 2,322

1. The tasks of the LAG are as set out in the EU Commission Regulation 1303/2013 (ESI Funds Common Provision Regulation) and shall include the following:

a)building the capacity of local actors to develop and implement operations including fostering their project management capabilities;

b)drawing up a non-discriminatory and transparent selection procedure and objective criteria for the selection of operations, which avoid conflicts of interest, ensure that at least 50 % of the votes in selection decisions are cast by partners which are not public authorities, and allow selection by written procedure;

c)ensuring coherence with the community-led local development strategy when selecting operations, by prioritising those operations according to their contribution to meeting that strategy's objectives and targets;

d)preparing and publishing calls for proposals or an ongoing project submission procedure, including defining selection criteria;

e)receiving and assessing applications for support;

f)selecting operations and fixing the amount of support and, where relevant, presenting the proposals to the body responsible for final verification of eligibility before approval;

g)monitoring the implementation of the community-led local development strategy and the operations supported and carrying out specific evaluation activities linked to that strategy

1. The principal function of the Local Action Group (LAG) is to develop and ensure the implementation of a Local Development Strategy (LDS) to invest LEADER funds from the Wales Rural Development Programme (RDP) in the local rural area. The LAG will appoint Cadwyn Clwyd an administrative body to provide it with technical support to ensure regulatory compliance and to deliver the programme.

1. The LAG will initially focus on the opportunities arising from the LEADER part of the RDP, but, should opportunity arise, will seek to attract funds from other parts of the RDP and elsewhere in order to secure benefits for the community in its area.The LAG will also, if opportunities arise, develop its own project submissions and operate projects for the benefit of its community.

1. The LAG will ensure the LDS is a ‘living’ document and will review it ensuring its appropriateness for the LAG area

1. The LAG will annually report to the Welsh Government on their progress in achieving agreed financial and monitoring targets.

1. Membership

a)The LAG will be made up of representatives of representatives of the public and private local socio-economic interests, in which, at the decision-making level neither public authorities nor any single interest group represents more than 49% of the voting rights. The LAG will include a representative from the selected “administrative body”. Public sector membership will be less than 49% but the LAG will make an effort to ensure equal membership from the three sectors and will try to achieve gender equality.

b)The LAG membership will need to evolve to meet the changing needs of the area and the priorities of the strategy. Its membership will be fixed at 18, 6 from each sector.

c)The LAG membership will initially be based on the LAG members from Flintshire of the previous programme who will select new LAG members through anopen process complying with 7a and 7b and attempting a fair representation of specific target groups addressed by the local development strategy, such as young people, disadvantaged groups, vulnerable groups and uplands groups etc.

d)The LAG will hold an annual review process for the appointment of chair. Where there is more than one candidate, appointments should be made by voting.

e)In the event of a vacancy arising, it will be advertised and the LAG will attempt to secure a person from the same sector.

f)Resignation of members. Members are asked to resign from the LAG in writing and the resignation must be noted in the minutes.

g)Observers from stakeholder organisation can attend the LAG and contribute to discussions. The chair can identify items as confidential and request observers to withdraw.

h)Should a LAG member be unable to attend a meeting due to exceptional circumstances, that member may nominate an alternate from his/her organisation to attend a meeting on his/her behalf. Any request for an alternate to attend due to exceptional circumstances must be approved by the Chair prior to the meeting being held.

1. Conflict of Interest

a)The LAG will establish written procedures dealing with conflicts of interest which will require written declarations. The declarations will be noted in the minutes of meetings and will involve a person declaring an interest not participating in the relevant vote.

b)If a member of the Partnership has a pecuniary or non-pecuniary interest in any matter under consideration at a meeting of the Partnership, he/she must declare his/her interest. Those declaring a pecuniary interest will be disbarred from voting and requested to withdraw from the meeting. Those declaring a non-pecuniary interest will be disbarred from voting but can remain in the room. They may be called to contribute at the discretion of the Chair.

1. Quorum

The LAG will have a quorum of 8, with at least 51% form private and community sector and maximum of 49% form a single interest groups being enforced at all meetings. The potential for the chairperson’s votes to count double in the event that it is the casting vote must also be accounted for in calculating this percentage.

1. Compliance

The LAG will comply with the guidelines issued by the Welsh Government ‘LEADER2014-2020 Local Development Strategy Guidance June 2014 and ‘RURAL DEVELOPMENT PROGRAMMEWALES 2014 - 2020 LEADER Guidance Notes issued in July 2014’.

a)It will encourage and ensure the involvement of the private sectors to ensure sustainable projects and provide match funding for projects as appropriate.

b)Itwill only select projects which are consistent with the local development strategy.

c)It will consistently aim at being gender balanced and have a fair representation of specific target groups addressed by the local development strategy, such as young people, disadvantaged groups, vulnerable groups and uplands groups etc.

d)It will develop working procedures, rules and structures for decision-making to guarantee that the selection of projects is consistent with the objectives of the strategy and is undertaken in a non-discriminatory and transparent manner and avoids in particular any risk of conflict of interest. It will abide by and enforce these rules

1. Meetings

a)LAG members and advisers will be invited to meetings in good time with a written agenda and at least 7 clear days notice.

b)In the event of the need for an urgent meeting then the chair can agree the calling of such a meeting with less notice at his/her discretion.

c)Regularity of meetings. The LAG will aim to meet quarterly with one of the meetings being the yearly meeting when a chair is appointed.

d)The chair will ensure all records of meetings are endorsed as being a true and

accurate record.

e)Minutes shall be taken of the proceedings at all meetings of the LAG and any sub-group. Secretarial and administrative support for all LAG and subsidiary meetings will be provided by the administrative body.

f)Minutes will be signed by the Chair and kept in a book for reference.

g)The LAG can appoint /invite representatives of the public, voluntary & private sectors not represented on the LAG to inform and advise the LAG at its meetings, as it deems appropriate, but maintaining the confidentiality of project selection and detail.

h)Voting shall be either by a show of hands or, on some issues, by a secret ballot administered by the administrative body, if the LAG chooses. In the event of a tied vote, the chair shall have a casting vote.

i)Attendance at meetings will be monitored and failure to attend three consecutive meetings will be deemed an effective resignation unless written reason has been received and approved by the LAG.

j)Meetings will be held at a time, place and frequency decided upon by the LAG.

k)Members or Advisors unable to attend a meeting may give verbal or written comments to the Chair, which will be tabled at the relevant meeting.

l)If any business arises in between the meetings of the LAG, which requires immediate urgent attention, following approval by the Chair of the LAG and the manager of the administrative body, the manager of the administrative body may obtain the views of the members of the LAG as to the recommended course of action in writing and act thereon with the written approval of the chair. All business conducted via such written procedure shall be reported to the next LAG meeting

1. Sub Groups

The LAG may appoint one or more sub-groups consisting of members of the LAG or Advisors for the purpose of making any inquiry or supervising or performing any function or duty which in the LAG’s opinion would be more conveniently

undertaken or carried out by sub-group: provided that all acts and proceedings of any such sub-groups shall be fully and promptly reportedto the LAG. Any sub-groups formed may not have the power to make decisions or make any financial commitment.

1. Variations to the LAG’s Constitution and Terms of Reference

a)Changes to the LAG’s Constitution and Terms of Reference may only be made at a LAG meeting where 21 days notice in writing has been given of the proposed amendments.

b)No changes to the LAG’s Constitution and Terms of Reference may be made

c)without the prior consent in writing of the manager of the administration body who will have consulted with the Welsh Government on the proposed changes.

1. Local Action Group Responsibilities re LEADER

In relation to its responsibilities as a LAG with responsibilities under the RDP for EU funding, it will

a)Build the capacity of local actors to develop and implement operations including fostering their project management capabilities;

b)Draw up a non-discriminatory and transparent selection procedure and objective criteria for the selection of operations, which avoid conflicts of interest,

c)Ensure that at least 51 % of the votes in selection decisions are cast by partners which are not public authorities, and allow selection by written procedure;

d)Ensure coherence with the local development strategy when selecting operations by prioritising those operations according to their contribution to meeting that strategy's objectives and targets;

e)Prepare and publish calls for proposals or an ongoing project submission procedure, including defining selection criteria;

f)Receive and assess applications for support and follow the processes in its project selection and criteria policy.

g)Select operations and fix the amount of support and, where relevant, present the proposals to the body responsible for final verification of eligibility before approval and ensure that projects are selected only after satisfying the administration body’s compliance tests.

h)Monitor the implementation of the local development strategy and the operations supported and carry out specific evaluation activities linked to that strategy.

i)Report on monitoring and evaluation to the Welsh Government and respond to Welsh Government requests and any requisite corrective action

j)Appoint an administration body to deliver the LDS and provide the LAG with technical advise on project selection and on the eligibility of projects and ensure compliance with Welsh Government and EU requirements.

k)Ensure that robust, good value for money and well developed projects are

put forward and selected for appraisal and funding. Discuss and agree expenditure and delivery and monitor the impact of the funds.

l) Prepare a publicity strategy to promote the programme locally and engage local communities

APPENDIX - SELECTION OF ACTIVITIES OR PROJECTS

LEADER LAG Project Selection Criteria and Processes

The role of the LAG

1.The LAG is the decision making body for project selection and this responsibility cannot be delegated to any other organisation or group outside of the LAG. The LAG is supported by the Administrative Body which manages the processes and procedures which the LAG has put in place.

2.The LAG will operate a process in accordance with annex 4 of the LDS Guidance which encourages and supports the types of projects which can deliver the LAG priorities. The LAG intends to intervene to encourage the right type of applications and guide project development towards successful projects which contribute to the LDS priorities.

3.The LAG has identified Cadwyn Clwyd as its Administrative Body and Cadwyn Clwyd will be responsible for the delivery of the programme and ensuring financial propriety and regulatory compliance,

4.The Administrative Body will maintain up to date information on the application and decision-making procedures and criteria of the LAG and make the community aware of them and of how they can be obtained using appropriate media including electronic The Administrative Body must also maintain and advertise a process to advise potential applicants about the selection process and criteria and proactively animate the community of the LAG to ensure a flow of quality project applications to the LAG.

Calls for project proposals

5.The LAG will issue an open call for project proposals at the outset of the programme and subsequent calls for project proposals at regular intervals throughout the programme period. Projects responding to the open call will be selected against the selection criteria identified in the LDS but subsequently the criteria may be amended to address evolving needs or delivery. To ensure transparency the revised criteria will be published alongside the new call for proposals. The revised criteria could include

• a specific LDS priority or objective;
• different groups of target beneficiaries;
• themed priorities
• collective projects;
• different levels of support; and
• different sizes of projects.

Working with demand

6.The LAG and the Administrative Body are conscious that demand will be uneven across the LDS themes. In some areas there will be a lack of momentum and motivation and a shortage of match funding. The LAG may have to build up capacity in these areas and sponsor pilot projects capable of rapidly converting into action and results. To ensure projects match LDS objectives the Administrative Body will work with prospective applicants to inform, encourage and steer and provide incentives for the 'right' types of proposals and actively support their development.

Selection Process

7.The LAG selection process will be clearly set out in the application materials and any associated publicity. It will be applied in a fair, open and transparent way. To ensure the LAG, the Administrative Body, the staff and all potential applicants have a clear, consistent and common understanding of the processes, adequate training will be provided and the Administrative Body will ensure that sufficient information is provided to all potential applicants so that they too have a clear, consistent and common understanding of the processes.

8.There will be a two stage application process. The first stage will involve an expression of interest to provide initial information to help screen out ineligible or inappropriate proposals before valuable time and resources are wasted. Selection criteria will be made available to the applicant. Projects which are rejected at this stage can either be adapted to better fit the LDS priorities or may be redirected to other more appropriate sources of support.

9.The second stage will follow a fuller development of the project and a full evaluation of the project based on a full application form. Selection criteria will be made available to the applicant and if deemed appropriate the applicant will be invited to the LAG to present their application

10.At both stages of the application process, where a selection is being made, the public sector membership of the LAG will be no more than 49% and also no more than 49% of those making decisions on project selections will be from the public sector.