Agenda, decisions and draft minutes

RESOLVED:     That Councillor Beales be appointed Chair for the remainder of the municipal year.

RESOLVED:     That Councillor Beales be appointed Chair for the remainder of the municipal year.

RESOLVED:     That Councillor Ring be appointed as Vice-Chair for the remainder of the municipal year.

RESOLVED:     That Councillor Ring be appointed as Vice-Chair for the remainder of the municipal year.

To note the minutes of the meeting held on 17 March 2023 as none of the current Committee were members of it in March 2023.

RESOLVED:     The Minutes of the meeting held on 17 March 2023 were noted as none of the current members were members of the Committee at its last meeting.

RESOLVED:     The Minutes of the meeting held on 17 March 2023 were noted as none of the current members were members of the Committee at its last meeting.

Please indicate if there are any interests which should be declared.  A declaration of an interest should indicate the nature of the interest (if not already declared on the Register of Interests) and the agenda item to which it relates.  If a disclosable pecuniary interest is declared, the member should withdraw from the room whilst the matter is discussed.

These declarations apply to all Members present, whether the Member is part of the meeting, attending to speak as a local Member on an item or simply observing the meeting from the public seating area.

None

None

None

None

To note the names of any Councillors who wish to address the meeting under Standing Order 34.

Members wishing to speak pursuant to Standing Order 34 should inform the Chair of their intention to do so and on what items they wish to be heard before a decision on that item is taken.

None

None

To consider any business, which by reason of special circumstances, the Chair proposes to accept, under Section 100(b)(4)(b) of the Local Government Act 1972.

None

None

RECOMMENDED:     The Terms of Reference were reviewed and a de minimis change was approved to replace the word ‘majority’ with the word ‘sole’ in the Definition of ‘Council Companies’ in Section 1.

Reason for Decision

To ensure that at a review is undertaken at least annually of the terms of reference of the Shareholder Committee, which, as a sub-committee of Cabinet, must refer any recommended changes back to Cabinet; this being the body that set the Terms of Reference on 15 November 2022

Click here to view the recording of this item on You Tube

The Committee carried out an annual review of the Shareholder Committee’s Terms of Reference at its first meeting of the municipal year.

Councillor Morley suggested that in the definition if the Council Companies it should read sole shareholder/owner.  This was agreed.

The Committee noted that the Business Plans from each of the Companies would be submitted to the Shareholder Committee for approval.

Councillor Beales asked how the Audit Committee would receive assurance.  The S151 Officer reported that the Auditors would undertake a risk assessment and build it into their Strategic Audit Plan as appropriate.

RECOMMENDED:      The Terms of Reference were reviewed and a de minimis change was approved to replace the word ‘majority’ with the word ‘sole’ in the Definition of ‘Council Companies’ in Section 1.

Reason for Decision

To ensure that at a review is undertaken at least annually of the terms of reference of the Shareholder Committee, which, as a sub-committee of Cabinet, must refer any recommended changes back to Cabinet; this being the body that set the Terms of Reference on 15 November 2022

RESOLVED:  1)         That the Board of Directors of West Norfolk Property Limited and West Norfolk Housing Company Ltd be respectively requested to submit a written report addressed to the Chair of the Shareholder Committee within 8 weeks on the following matters:

1.1          The number of notices served under section 21 of the Housing Act 1988 (“section 21 notices”) within the last two years by the company or its contracted housing management provider;

1.2          The number of tenancies the company has or their contracted housing management provider has in which a section 21 notice could be served;

1.3          The predicted impact, financial or otherwise, on the company or their contracted housing management provider if the company was to voluntarily choose to never use section 21 notices going forwards;

1.4          Confirmation of any changes that would be necessary in legal contracts with any contracted housing management provider (and where possible confirmation of whether the housing management provider is willing to agree such change) in order to codify the voluntary removal of section 21 notices as an option for ending a tenancy;

1.5          Whether, with reference to its Business Plan, the Board of Directors considers it is in the best interests of the company to implement a company decision to voluntary remove section 21 notices as an option for use for ending a tenancy.

Reason for Decision

In anticipation of approving business plans for the companies which support the Council’s Corporate Strategy, as sole shareholder and owner of the companies.

Click here to view the recording of this item on You Tube

In support of its proposed Corporate Strategy on supporting communities and helping to prevent homelessness, the administration wished explore the fast-tracking of the removal of section 21 notices (referred to as ‘No Fault Evictions”) from the range of options available to its wholly owned companies, West Norfolk Property Limited and West Norfolk Housing Company Limited, to terminate tenancies issued by the company or their contracted housing management provider.

The Chair stated that the Council was opposed to S21 notices.  The Committee debated whether they required the information from the Companies or could just implement the decision.  It was agreed that there was a potential risk of financial or legal impact with this action so it was recommended that the recommended route be taken.

RESOLVED:  1)         That the Board of Directors of West Norfolk Property Limited and West Norfolk Housing Company Ltd be respectively requested to submit a written report addressed to the Chair of the Shareholder Committee within 8 weeks on the following matters:

1.1          The number of notices served under section 21 of the Housing Act 1988 (“section 21 notices”) within the last two years by the company or its contracted housing management provider;

1.2          The number of tenancies the company has or their contracted housing management provider has in which a section 21 notice could be served;

1.3          The predicted impact, financial or otherwise, on the company or their contracted housing management provider if the company was to voluntarily choose to never use section 21 notices going forwards;

1.4          Confirmation of any changes that would be necessary in legal contracts with any contracted housing management provider (and where possible confirmation of whether the housing management provider is willing to agree such change) in order to codify the voluntary removal of section 21 notices as an option for ending a tenancy;

1.5          Whether, with reference to its Business Plan, the Board of Directors considers it is in the best interests of the company to implement a company decision to voluntary remove section 21 notices as an option for use for ending a tenancy.

Reason for Decision

In anticipation of approving business plans for the companies which support the Council’s Corporate Strategy, as sole shareholder and owner of the companies.

RESOLVED:     That the Committee’s Forward Plan be approved with the addition of a review of West Norfolk Housing Company’s Governance Documents in the November meeting and the addition of a further meeting in January 2024 to consider the following:           

·        Alive West Norfolk’s Business Plan

·        Responses from West Norfolk Housing and West Norfolk Property regarding the Section 21 Notices

·        Any further amendments requested following consideration of the West Norfolk Property and West Norfolk Housing’s Business Plans.

The Committee’s forward Plan was noted and the Committee was informed that a review of the West Norfolk Housing Company’s governance documents would also be considered in November, and an additional meeting would be required in the new year to consider the responses from the previous S21 item and Alive’s business plan.  It was agreed that an amended version of the Plan would be distributed.

RESOLVED:  That the Committee’s Forward Plan be approved with the addition of a review of West Norfolk Housing Company’s Governance Documents in the November meeting and the addition of a further meeting in January 2024 to consider the following:    

·         Alive West Norfolk’s Business Plan

·         Responses from West Norfolk Housing and West Norfolk Property regarding the Section 21 Notices

·         Any further amendments requested following consideration of the West Norfolk Property and West Norfolk Housing’s Business Plans.

16 November 2023 @ 3.00pm

20 March 2024 @ 3.00pm

16 November 2023 @ 3.00pm

20 March 2024 @ 3.00pm

An additional date to be confirmed in January 2024.

16 November 2023 @ 3.00pm

20 March 2024 @ 3.00pm

An additional date to be confirmed in January 2024.

The Committee is asked to consider excluding the public from the meeting under section 100A of the Local Government Act 1972 for consideration of the items below on the grounds that they involve the likely disclosure of exempt information as defined by paragraph 3 of Part 1 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of businesson the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act.

Click here to view the recording of this item on You Tube

RESOLVED: That under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of businesson the grounds that they involve the likely disclosure of exempt information as defined in paragraphs 3 and 5 of Part 1 of Schedule 12A to the Act.

RESOLVED:  1)         That the Committee be given access to Board Papers going forward.

2)         That the Shareholder Committee retain the authority to decide where the Company Secretary for the Companies is appointed from.

3)            That a Shareholder Agreement be entered  and the Articles of Association for the Council’s wholly owned company, West Norfolk Property Ltd be revised, in order to strengthen and codify the governance of the relationship between the shareholder (the Council) and the company (West Norfolk Property Ltd).

4)            That authority be delegated to the Monitoring Officer in consultation with the Chair of the Shareholder Committee to approve the final terms of the Shareholder Agreement and revised Articles of Association, to include the changes identified at the meeting.

5)            That an annual review of the Shareholder Agreement and Articles of Association be undertaken by the Shareholder Committee.

6)            That the Shareholder Representative role in relation to West Norfolk Property Ltd be undertaken jointly by the Chief Executive and the Section 151 Officer.

Reason for Decision

To improve the corporate governance of the relationship between the Council and the Council’s wholly owned company.

The Committee was reminded that on 15 November 2022 Cabinet resolved to approve an action plan to improve the governance of the Council companies. One of the items of the action plan was the preparation and completion of common template governance documents. Cabinet delegated authority to approve these documents to the Shareholder Committee.

A draft Shareholder Agreement and revised Articles of Association had been prepared for West Norfolk Property Ltd, and authority was sought from the Shareholder Committee to enter the Shareholder Agreement following conclusion of negotiations with West Norfolk Property Ltd.

The Committee reviewed the Agreement and Articles of Association and made some de minimis amendments to it.

RESOLVED:  1)         That the Committee be given access to Board Papers going forward.

2)         That the Shareholder Committee retain the authority to decide where the Company Secretary for the Companies is appointed from.

3)            That a Shareholder Agreement be entered  and the Articles of Association for the Council’s wholly owned company, West Norfolk Property Ltd be revised, in order to strengthen and codify the governance of the relationship between the shareholder (the Council) and the company (West Norfolk Property Ltd).

4)            That authority be delegated to the Monitoring Officer in consultation with the Chair of the Shareholder Committee to approve the final terms of the Shareholder Agreement and revised Articles of Association, to include the changes identified at the meeting.

5)            That an annual review of the Shareholder Agreement and Articles of Association be undertaken by the Shareholder Committee.

6)            That the Shareholder Representative role in relation to West Norfolk Property Ltd be undertaken jointly by the Chief Executive and the Section 151 Officer.

Reason for Decision

To improve the corporate governance of the relationship between the Council and the Council’s wholly owned company.

RESOLVED:              That, as the Corn Exchange is operated by Alive West Norfolk on behalf of the borough council. Part 2 6(1) of the Articles of Association for Members reserved powers state ‘the members may, by special resolution, direct the directors to take, or refrain from taking, specified action’. The Shareholder Committee directs the Alive West Norfolk Board of directors to remove the reference to the Princess Theatre from the contract clauses.

Reason for Decision

Although the Princess Theatre is no longer operated by the borough council, it is important that the whole borough has access to the best performers which will enhance the arts and entertainment offer in the north of the borough. Amendment of the clause will enable the Princess Theatre to operate on a level playing field with other theatres within a 50-mile radius of the Corn Exchange.

The Committee considered a report which set out a proposal to remove the Princess Theatre from contract clauses with performers at the Corn Exchange.

RESOLVED:              That, as the Corn Exchange is operated by Alive West Norfolk on behalf of the borough council. Part 2 6(1) of the Articles of Association for Members reserved powers state ‘the members may, by special resolution, direct the directors to take, or refrain from taking, specified action’. The Shareholder Committee directs the Alive West Norfolk Board of directors to remove the reference to the Princess Theatre from the contract clauses.

Reason for Decision

Although the Princess Theatre is no longer operated by the borough council, it is important that the whole borough has access to the best performers which will enhance the arts and entertainment offer in the north of the borough. Amendment of the clause will enable the Princess Theatre to operate on a level playing field with other theatres within a 50-mile radius of the Corn Exchange.