Agenda item

It was moved by Councillor Swindlehurst,

Seconded by Councillor Hussain,

“a)  From 01 June 2018 until expiry or termination of the agreement to delegate to the London Borough of Harrow the discharge of the Council’s function in respect of the delivery of legal services in accordance with s101 and s113 of the Local Government Act 1972 and the Local Government (Arrangements for the Discharge of Functions) (England) Regulations 2012, such discharge of function to include the duties set out in Recommendation (b) below.

b)   From 01 June 2018 until expiry or termination of the agreement to authorise the Head of Legal, London Borough of Harrow to institute, defend or participate in any legal proceedings in accordance with s222 and s223 of the Local Government Act 1972 and sign documents on behalf of the Council.

c)  That the Constitution be revised in Article 14(3); Article 14(4); Part 3.6 Scheme of Delegation to Officers Section 1 paragraphs 1.3 and 1.4 and Section 2 paragraph 2e; Part 4.6 Financial Procedure Rules paragraphs 16.7, 16.68 and 16.81(d); to give authority to the London Borough of Harrow Head of Legal to act on behalf of Slough Borough Council as specified therein.

d)  That the Constitution be revised in Article 14(5); Part 4.6 Financial Procedure Rules paragraphs 16.39, 16.45 (b), 16.45(d), 16.46, 16.49, 16.76, 16.81(a) and 16.81(c); and Part 5.4 Member and Officer Relations Code paragraph16(b) and Appendix 1 paragraph 8 by the deletion of reference to Head of Legal Services to be substituted by Service Lead Governance;

e)  That the constitution be revised to remove any further references within it to the Head of Legal Services by substituting these with the Service Lead Governance.
 

f)  That the Service Lead Governance be instructed to make the necessary changes to the Constitution.

g)  The delegation in (a) above shall not prevent the Council from continuing to discharge those legal services functions that have been identified as being excluded from the terms of the Agreement and/or where it is not desirable for any reason for such functions to be discharged by the London Borough of Harrow.” 

The recommendations were put to the vote and carried unanimously.

Resolved -

 a)  From 01 June 2018 until expiry or termination of the agreement to delegate to the London Borough of Harrow the discharge of the Council’s function in respect of the delivery of legal services in accordance with s101 and s113 of the Local Government Act 1972 and the Local Government (Arrangements for the Discharge of Functions) (England) Regulations 2012, such discharge of function to include the duties set out in Recommendation (b) below.

b)   From 01 June 2018 until expiry or termination of the agreement to authorise the Head of Legal, London Borough of Harrow to institute, defend or participate in any legal proceedings in accordance with s222 and s223 of the Local Government Act 1972 and sign documents on behalf of the Council.

c)  That the Constitution be revised in Article 14(3); Article 14(4); Part 3.6 Scheme of Delegation to Officers Section 1 paragraphs 1.3 and 1.4 and Section 2 paragraph 2e; Part 4.6 Financial Procedure Rules paragraphs 16.7, 16.68 and 16.81(d); to give authority to the London Borough of Harrow Head of Legal to act on behalf of Slough Borough Council as specified therein.

d)  That the Constitution be revised in Article 14(5); Part 4.6 Financial Procedure Rules paragraphs 16.39, 16.45 (b), 16.45(d), 16.46, 16.49, 16.76, 16.81(a) and 16.81(c); and Part 5.4 Member and Officer Relations Code paragraph16(b) and Appendix 1 paragraph 8 by the deletion of reference to Head of Legal Services to be substituted by Service Lead Governance;

e)  That the constitution be revised to remove any further references within it to the Head of Legal Services by substituting these with the Service Lead Governance.
 

f)  That the Service Lead Governance be instructed to make the necessary changes to the Constitution.

g)  The delegation in (a) above shall not prevent the Council from continuing to discharge those legal services functions that have been identified as being excluded from the terms of the Agreement and/or where it is not desirable for any reason for such functions to be discharged by the London Borough of Harrow.