Issue - meetings

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.”

The Chief Officer (Governance) introduced a report seeking approval to amend Section 12.10 of the Constitution in relation to certain categories of contracts to be ‘under seal’ (to have the Council’s official seal attached rather than being signed by a manager).  The removal of the suggested wording would clarify the requirement for contracts exceeding £250,000 to be executed under seal, as set out in the categories within the Contract Procedure Rules.

In response to a query from Councillor Mike Peers, the Chief Officer provided clarification on the consultation process for the Contract Procedure Rules.

RESOLVED:

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.”