Decision details

CONTRACTS REQUIRING SEALING

Decision Maker: Flintshire County Council

Decision status: Recommendations Approved

Is Allweddol decision?: No

Is subject to call in?: No

Purpose:

Certain contracts are required by contract procedure rules to be “under seal”. That is to say, to have the Council’s official seal attached rather than being signed by a manager. One such category is contracts worth more than £250,000. Section 12.10 of the Constitution requires all contracts over £50,000 to be in writing and either signed by two officers or sealed. For the sake of clarity there should only be one set of rules.

Decision:

That Section 12.10 of the Constitution be amended by deleting the words struck out as follows:

 

Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Chief Officer, Governance or other person authorised by him/her, unless any enactment otherwise authorises or requires, or the Council has given requisite Authority to some other person. Notwithstanding any arrangements set out within the Contract Procedure Rules which may require particular forms of contract for contracts of a lesser value, the Council expressly resolves that any contract with a value exceeding £50,000 entered into on behalf of the local Authority in the course of the discharge of a Executive Function shall be made in writing. Such contracts must either be signed by at least two officers of the Authority or made under the common seal of the Council attested by at least one officer.

Report author: Gareth Owens

Publication date: 17/06/2016

Date of decision: 01/03/2016

Decided at meeting: 01/03/2016 - Flintshire County Council

Accompanying Documents: