Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: Yes
The subject of the decision:
This report sought to ensure the orderly transition of the Council’s companies, joint ventures and other bodies which the Council had an interest in to the new authority, namely North Yorkshire Council. In order to ensure the effective continued corporate governance arrangements of those affected companies’ and other bodies steps were required prior to the dissolution of Hambleton District Council.
Alternative options considered:
The reason for the decision:
All property, rights and liabilities of the seven District and Borough Councils shall on the 1 April 2023 vest in and transfer to the new authority in accordance with Regulation 7 of The Local Government (Structural Changes) (Transfer of Functions, Property, Rights and Liabilities) Regulations 2008 (2008 Regulations). Whilst it may be the case that the Council’s current shares would transfer to the new authority automatically via operation of law, North Yorkshire County Council had requested that the Council undertook specific steps regarding membership and share transfers prior to vesting date to ensure the smooth and effective transition of these corporate governance arrangements.
(1) approves the transfer of Hambleton District Council owned shares and/or interests to the new unitary authority, being the North Yorkshire Council;
(2) delegates authority to the Director of Law and Governance to take the necessary steps required to transfer the companies including entering into any documents on behalf of the Council that are required to transfer the companies to the new authority;
(3) delegates authority to the Director of Law and Governance to accept the resignations of those company directors tendered before 31 March 2023 and to appoint and dismiss such other company directors as agreed in writing with the Director of Law and Governance and North Yorkshire County Council; and
(4) delegates authority to the Director of Law and Governance to deal with and approve any other matters and documentation be it legal or otherwise as may be needed to facilitate the orderly transition of the Council’s interests in outside bodies to the new authority, being North Yorkshire Council.
Reason Key: Affects more than 2 wards;
Wards Affected: All Wards;
Other reasons / organisations consulted
Contact: Hannah Heinemann, Head of Service - Commercial and Programme Management Email: firstname.lastname@example.org.
Report author: Hannah Heinemann
Publication date: 07/03/2023
Date of decision: 07/03/2023
Decided at meeting: 07/03/2023 - Cabinet
Effective from: 16/03/2023