Agenda, decisions and minutes


Executive
Monday 7 January 2019 5.00 pm

Venue: Bodicote House, Bodicote, Banbury, OX15 4AA

Contact: Natasha Clark, Democratic and Elections  Email: natasha.clark@cherwellandsouthnorthants.gov.uk, 01295 221589

Media

Items
No. Item

78.

Declarations of Interest

Members are asked to declare any interest and the nature of that interest that they may have in any of the items under consideration at this meeting.

Additional documents:

Minutes:

There were no declarations of interest.

79.

Petitions and Requests to Address the Meeting

The Chairman to report on any requests to submit petitions or to address the meeting.

Additional documents:

Minutes:

There were no petitions or requests to address the meeting.

80.

Minutes pdf icon PDF 192 KB

To confirm as a correct record the Minutes of the Special Executive meeting held on 17 December 2018.

Additional documents:

Minutes:

The minutes of the meeting held on 17 December 2018 were agreed as a correct record and signed by the Chairman.

81.

Chairman's Announcements

To receive communications from the Chairman.

 

Additional documents:

Minutes:

There were no Chairman’s announcements.

 

82.

Collaboration Agreement pdf icon PDF 403 KB

Report of Director Law and Governance / Monitoring Officer

 

Purpose of report

 

To recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Additional documents:

Decision:

Resolved

 

(1)          That Full Council be recommended to agree to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Minutes:

The Director Law and Governance / Monitoring Officer submitted a report for Executive to recommend to Full Council that it agrees to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils.

 

Resolved

 

(1)          That Full Council be recommended to agree to enter into a Collaboration Agreement between Cherwell District and South Northamptonshire councils, and to delegate to the Monitoring Officer, in consultation with the Leader of the Council, authority to finalise and enter into the Agreement based on the provisions provided by the Local Government Act 1972, the Local Government Act 2000, the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 and the Localism Act 2011.

 

Reasons

 

It is important that both councils can continue to deliver services after 16 January 2019 which for most services will either be prior to separation taking place or permanent delivery arrangements being put in place for those services that cannot be separated. It is clear that in the interim there needs to be a legal arrangement that allows this and a Collaboration Agreement is seen as the most appropriate vehicle to enable this.        

 

Alternative options

 

Option 1: not to enter into an agreement between the councils. This is rejected as many council services would not be able to function.

 

Option 2: a Collaboration Agreement based on the provisions provided through the Local Authority (Goods and Services) Act 1970.

 

Section 1 of the Local Authority (Goods and Services) Act 1970 enables a local authority to provide another public body with goods or materials, administrative, professional, or technical services. The Act does not in itself exempt local authorities from complying with the Public Contracts Regulations 2015, however an exemption is provided by “the Hamburg exemption” (Hamburg (Commission v Germany) Case C-480/06). A Collaboration Agreement containing these provisions would allow two-way co-operation between the two councils with the aim of ensuring that the public services they have to perform: are provided with a view to achieving objectives they have in common; is governed solely by considerations relating to the public interest; and less than 20% of the activities concerned by the co-operation are performed on the open market.

 

Whilst it is considered that the Hamburg exemption could provide appropriate authority to enter into such an agreement, there is a potential argument that the Hamburg exemption applies only to services that Councils “have to perform” rather than any discretionary services. Therefore, any discretionary services over the financial threshold in the Public Contract Regulations 2015 would be subject to the procurement rules. Given that discretionary services are included in those which would be shared it is not considered that the Local Authority (Goods and Services) Act 1970 would be the best option for the Councils due to it carrying a risk of challenge.

83.

Business Rates Retail Relief Policy pdf icon PDF 149 KB

Report of Executive Director Finance and Governance

 

Purpose of report

 

To provide members with an update on the retail relief scheme announced in the Budget and to seek approval to recommend a Business Rates Retail Relief Policy for 2019-2020 to Council.

 

Recommendations

            

The meeting is recommended:

 

 1.1        To note the contents of this report.

 

1.2   To recommend to Council to approve the proposed Business Rates Retail Relief Policy (Appendix 1).

 

Additional documents:

Decision:

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That Full Council be recommended to approve the proposed Business Rates Retail Relief Policy.

 

Minutes:

The Executive Director Finance and Governance (Interim) submitted a report to provide members with an update on the retail relief scheme announced in the Budget and to seek approval to recommend a Business Rates Retail Relief Policy for 2019-2020 to Council.

 

Resolved

 

(1)          That the contents of the report be noted.

 

(2)          That Full Council be recommended to approve the proposed Business Rates Retail Relief Policy.

 

Reasons

 

Members of Budget Planning Committee have considered this report and have recommended to Executive the introduction of the Business Rates Retail Relief Scheme and the related Policy effective from 1 April 2019.

 

Alternative options

 

Option 1: Members could agree not to determine a Business Rates Retail Relief Policy, but this would mean the Council is not complying with Central Government guidance and would be to the detriment of ratepayers in the district.

 

84.

Local Discretionary Business Rate Relief Scheme for 2019-20 pdf icon PDF 127 KB

Report of Executive Director Finance and Governance

 

Purpose of report

 

For members to consider the proposed Local Discretionary Relief Policy and to seek approval of the Discretionary Business Rate Relief Scheme for 2019-2020.

 

Recommendations

            

The meeting is recomme