Resolved -

(1)          That the legal position as set out in Appendix 1 to Document “E” be noted in particularthat the company will be a controlled company for the purposes of the Local Government and Housing Act 1989

(2)                That it be noted that the Council provides an indemnity to its appointed representative under the terms of The Local Authorities (Indemnities for Members and Officers) Order 2004

(3)          That the Business Case at Appendix 2 to Document “E” be considered and approved in support of the proposal to trade though the establishment of a trading company

(4)          That it be agreed to the formation of a Holding Company  to be limited by shares wholly owned by the founding members of the West Yorkshire Joint Services Committee, i.e. Bradford, Calderdale, Kirklees, Leeds and Wakefield which will protect the business of the West Yorkshire Joint Services Committee, and to 4 subsidiary companies for Materials Testing, Calibration Services, Archaeological Services and Business Hive, to be owned by the Holding Company

(5)          That it be agreed that the Council be involved as shareholder in the West Yorkshire Joint Services Trading Company and its’ subsidiaries, on the basis set out in Document “E”

(6)          That it be agreed to participate as Directors of the Company on the basis set out in Document “E”

(7)          That the proposed governance and funding arrangements for the company as set out in Document “E” be noted and agreed   

(8)          That it be agreed to participate through a shareholders agreement on the terms set out in draft in Document “E”, and authorise the City Solicitorto agree final terms and execute the agreement on behalf of the Council including agreement of the distributions policy which should be on the basis of each Councils contribution rate to West Yorkshire Joint Services

(9)          That authority be delegated to the City Solicitor to agree terms and enter into an agreement with the other 4 constituent authorities to indemnify Wakefield Council against any loss incurred as a result of making a working capital loan to West Yorkshire Joint Services HoldCo up to a value of £1m. The terms of such indemnity to be on the basis of each Councils contribution rate to West Yorkshire Joint Services

ACTION: Strategic Director Corporate Services

(Corporate Overview & Scrutiny Committee)

(Susan Betteridge 0113 3939700)