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: