To confirm the decisions of the meeting held on 7 February 2023 (CA.42 - CA.44), previously circulated.

The Decision:

That the decisions of the meeting held on 7 February 2023 (CA.42 - CA.44), previously circulated, be signed as a correct record.

This report is to ensure the orderly transition of the Council’s companies, joint ventures and other bodies the Council has an interest in to the new authority namely North Yorkshire Council under the process of local government reorganisation.  In order to ensure the effective continued corporate governance arrangements of those affected companies’ steps are required prior to the dissolution of Hambleton District Council.

In accepting the recommendations, Cabinet will approve the transfer of Hambleton District Council owned shares and/or interests to the new unitary authority, being the North Yorkshire Council; delegate authority to 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; delegate 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 delegate 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.

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:

None.

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.

The decision:

That Cabinet:-

(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.

Councillor P R Wilkinson declared a personal interest as a Director of Hambleton District Holdings Limited and Hambleton Property Limited and left the meeting prior to any discussion or voting on the above item.

Councillor S Watson declared a personal interest as a member of the Management Board of Marple Park (Hambleton) LLP and left the meeting prior to any discussion or voting on the above item.

Councillor Mrs I Sanderson declared a personal interest as a Director of Hambleton District Holdings Limited and Hambleton Property Limited and left the meeting prior to any discussion or voting on the above item.