Agenda and decisions

In accordance with the Councillors’ Code of Conduct, a councillor is required to disclose at the meeting any disclosable pecuniary interest (DPI) that they may have in respect of any matter for consideration on this agenda.  Any councillor with a DPI must notparticipate in any discussion or vote regarding that matter and they must also withdraw from the meeting immediately before consideration of the matter.

If that DPI has not been registered, the councillor must notify the Monitoring Officer of the details of the DPI within 28 days of the date of the meeting.

Councillors are further invited to disclose any non-pecuniary interest which may be relevant to any matter on this agenda, in the interests of transparency, and to confirm that it will not affect their objectivity in relation to that matter.

To confirm the minutes of the meeting of the Committee held on 8^th August 2024 as a correct record.

The minutes of the meeting held on 8^th August were confirmed as correct. The Chairman signed the minutes.

Decision:

1.       To note the progress made following the report on the Council’s companies in August 2024.

2.       To write to the companies to remind them of the deadline for filing the company accounts.

3.       To delegate authority to the Joint Strategic Director of Finance to give shareholder approval to the accounts to enable them to be filed by 31 December 2024.

Reason(s):

1.       To enable the Council to fulfil its duties in respect of the trustee function competently, robustly and transparently.

2.       To enable the Council to be able to fulfil its duties in respect of best value and continuous improvement in respect of its interests in charities, and to keep under review the objectives, strategies and plans, and performance of each of its companies.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Decision:

1.       To delegate authority to the Joint Strategic Director of Economy, Planning & Place, in consultation with the Monitoring Officer and Leader of the Council, to take all steps necessary to implement the members’ voluntary liquidation of the Company under the Insolvency Act 1986 (the “Winding Up”) including the appointment of a liquidator in connection with the Winding Up;

2.       To delegate authority to the Joint Strategic Director of Economy, Planning & Place to seek all further advice necessary in connection with the Winding Up including, without limitation:

(i)           advice from external legal services provider; and

(ii)          advice from external tax services provider.

3.       To delegate authority to the Monitoring Officer to amend the articles of association of GBCH to reduce the quorum requirement from three directors to two directors for any meeting of the board of directors of the Company.

Reason(s):

1.       To enable the Council to fulfil its duties in respect of the shareholder function competently, robustly and transparently.

2.       To enable the Council to fulfil its duties in respect of best value and continuous improvement in respect of its interests in GBCH and NDH, and to keep under review the objectives, strategies and plans, and performance of each company.

3.       To fulfil the Council’s corporate governance duties in respect of GBCH and NDH.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

Non-pecuniary interest declared by Councillor Tom Hunt as Chairman of the Board of Directors of Guildford Borough Council Holdings Ltd.

Decision:

1.       To note the Council’s interests in The Mayor of Guildford’s Local Support Fund, The Racks Close Open Space, Burpham War Memorial Recreation Ground, Public Walks and Pleasure Grounds, Guildford Sports Ground and Arundel House (Hamilton Fellows);

2.       In recognition of Trustees Week at the beginning of November to thank all those trustees who volunteer their time to support charities in our local community and in particular Cllr Sallie Barker MBE and Cllr Howard Smith for their commitment and effort to supporting The Mayor of Guildford’s Local Support Fund and Arundel House (Hamilton Fellows);

3.       To approve the draft work programme set out at paragraph 6.4 and delegate authority to the Monitoring Officer to deviate from the work programme where appropriate, in consultation with the Leader of the Council;

4.       To receive a report in January 2025 from Joint Strategic Director, Finance to provide confirmation of the filing of accounting reports for the financial year ending 31 March 2023 for The Racks Open Space, Public Walks and Pleasure Grounds and Burpham War Memorial Recreation Ground and draft accounts of all the charities for the financial year ending 31 March 2024 for approval;

5.       To receive a report in March 2025 from the Joint Strategic Director for Legal & Democratic Services considering whether any of the charities can be linked or have compatible objectives and would benefit in achieving their objectives by a merger with another charity.

6.       To receive a report in March 2025 from the Joint Strategic Director for Legal & Democratic Services proposing conflict of interest policies for adoption by each charity.  

Reason(s):

1.       As a trustee the Council has a responsibility to ensure it has in place robust mechanisms for making trustee decisions which are in the best interests of the charity.  The recommendations in this report will establish compliance with the accounting and reporting responsibilities whilst supporting good governance to enable the Council to fulfil its duties in respect of the trustee function competently, robustly and transparently.

2.       To enable the Council to be able to fulfil its duties in respect of best value and continuous improvement in respect of its interests in charities, and to keep under review the objectives, strategies and plans, and performance of each of its companies.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Decision:

To receive a further report from the Lead Officer in March 2025 providing a copy of the accounts and business case.

Reason(s):

1.       To enable the Council to fulfil its duties in respect of the shareholder function competently, robustly and transparently.

2.       To enable the Council to fulfil its duties in respect of best value and continuous improvement in respect of its interests and to keep under review the objectives, strategies and plans, and performance of each company.

3.       To fulfil the Council’s corporate governance duties in respect of ManCo.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

Decision:

The Committee considered and approved its updated 12 month rolling work programme, as detailed in the Supplementary Information Sheet.

Reason(s):

To allow the Committee to maintain and update its work programme.

Other options considered and rejected by the Executive:

None.

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.