Issue - meetings

The Director of Corporate Services introduced the second report of the evening, seeking to nominate the Shareholder Representative for the Council’s company interests and to nominate the Company Secretary of the Council’s commercial trading companies. It was explained that the Council had the legal power to establish and operate trading companies, which could be wholly owned by West Lindsey District Council in order to enable the Council to take advantage of the powers to trade for profit introduced under the Local Government Act 2003, where opportunities to do so came about, and it was appropriate to use the company as a vehicle for the trading activity proposed.

It was explained that, in addition, under the “general power of competence” introduced by Section 1 of the Localism Act 2011, local authorities now had a general power that enabled them to do anything that a private individual was entitled to do, subject to certain statutory limitations. It was noted that actions taken for a commercial purpose, even under the Localism Act 2011, must be undertaken through a company. Under the Companies Act 2006 there was no legal requirement to have a Company Secretary, however, the Council saw this as a role which would promote and ensure good governance and financial management.

Following the resignation of Tracey Bircumshaw, Company Secretary, it was recommended that Peter Davy was nominated as Company Secretary upon his commencement on 1 August 2022. Additionally, the Director of Corporate Services was nominated as the appointed Shareholder Representative.

With the Committee expressing understanding of these arrangements, and having been moved and seconded, it was unanimously

            RESOLVED that

a)    the appointment of the Director of Corporate Services (S151) as the Shareholder Representative, for WLDC Trading Ltd and associated companies and to include Market Street Renewal Ltd, be approved; and

b)    the appointment of Peter Davy (Financial Services Manager (Deputy S151)) as Company Secretary for WLDC Trading Ltd, WLDC Staffing Services Ltd, and Surestaff (Lincs) Ltd from 1 August 2022, be approved.