Last updated:

6th November 2024

Council Constitution Chapter 2.3

2.3.1  Financial Management

The Council manages its financial affairs in accordance with the Financial Regulations set out in Chapter 12.

2.3.2  Contracts

The way that the Council procures, enters into, and manages it contracts will comply with the Procurement and Contract Regulations set out in Chapter 12.

2.3.3  Legal Proceedings

The Head of Legal Services is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or in any case where the Head of Legal Services considers that such action is necessary to protect the Council’s interests.

2.3.4  Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Head of Legal Services or other person authorised by them, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

In accordance with Chapter 12 Any contract with a value exceeding £50,000 entered into on behalf of the local authority in the course of the discharge of an Executive function shall be made in writing.  Contracts with a value of less than £1,000,000 may either be signed by one authorised officer of the authority or made under the Common Seal of the Council attested by at least one officer.

2.3.5  Common Seal of the Council

The Common Seal of the Council will be kept in a safe place in the custody of the Head of Legal Services.  A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision.  The Common Seal will be affixed to those documents which in the opinion of the Head of Legal Services should be sealed.  The affixing of the Common Seal will be attested by the Head of Legal Services, or some other person authorised by them.

2.3.6  Signing or Sealing on behalf of the Council

Any references in this Constitution of a person signing or affixing a seal on behalf of the Council will include both:

  1. by physical means; or 
  2. by electronic means.
     

Any electronic means shall only be that approved by the Monitoring Officer or Head of Legal Services and will in all circumstances only be used where permitted by law, be secure and maintains an electronic audit record of the signatories and the signing process.

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