Memorandum of Terms of Occupation – Hosted Bodies

MOPAC host the National Counter Terror Policing Head Quarters (NCTPHQ), the National Police Chiefs’ Council (NPCC) and the National Police Cooordination Centre (NPoCC). As such MOPAC is the legal entity that enters into contracts and property arrangements on their behalf. This paper seeks to regularise the on-going occupation requirements of the three bodies. The costs of the occupation agreements are funded by the three bodies.

The Deputy Mayor for Policing and Crime is recommended to:

1. To renew the Memorandum of Terms of Occupation (MOTO) agreements for one and three year terms respectively at a cost set out in Part Two, noting that costs will be met from within existing resources by NCTPHQ

2. To renew the Memorandum of Terms of Occupation (MOTO) agreements for a three year term at a cost set out in Part Two, noting that costs will be met from within existing resources by NPCC

3. To renew the Memorandum of Terms of Occupation (MOTO) agreements for a three year term at a cost set out in Part Two, noting that costs will be met from within existing resources by NPoCC

1. Introduction and background

1.1. The existing occupancy arrangements for each of the three bodies expired on 31 March 2020, and they have remained in occupation while the negotiations have taken place.

2. Issues for consideration

2.1. The three bodies have identified a need for on-going occupation of the site for up to three years.

2.2. The detail of the location, space to be occupied and the costs is set out in the restricted section of this report.

3. Financial Comments

3.1. The three hosted bodies have confirmed that the respective cost of the occupancy memoranda will be met by them. There will be no liability to MOPAC.

4. Legal Comments

4.1. In carrying out its functions, the MOPAC may, under paragraph 7, Schedule 3 of “the Act” “do anything which is calculated to facilitate, or is conducive or incidental to, the exercise of the functions of the Office.” This includes entering into contracts and other agreements, in addition to acquiring and disposing of property (including land) under paragraph 7 (2) (b) of Schedule 3 of “the Act”.

4.2. Paragraph 4.16 of the Mayor’s Office for Policing and Crime (MOPAC) Scheme of Delegation and Consent provides the Deputy Mayor for Policing and Crime (DMPC) with delegated authority to approve all business cases to acquire or renew a leasehold with a value in excess of £500,000 over the initial lease period or 5 years whichever is the lesser.

5. Commercial Issues

5.1. Details of the commercial issues are set out in the restricted section of this report.

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 MPS assure that as the project does not use personally identifiable data of members of the public, so 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. MPS assure that there are no equality or diversity issues arising from this paper.

8. Background/supporting papers

• Appendix 1a MPS Report - Memorandum of Terms of Occupation (MOTO) renewal for the National Counter Terrorism Policing Headquarters (NCTPHQ)

• Appendix 1b MPS Report - Memorandum of Terms of Occupation (MOTO) renewal for the National Police Chiefs' Council (NPCC)

• Appendix 1c MPS Report - Memorandum of Terms of Occupation (MOTO) renewal for the National Police Coordination Centre (NPoCC)