Issue - meetings

RESOLVED:

That Cabinet, subject to:-

-       The resolution of outstanding subsidy control issues through Government guidance or by way of acceptable legal advice; and

-       South Derbyshire District Council, Goodman EMIP (UK) Limited and Etwall Land Limited also confirming its approval to become a member of the Freeport and agreeing the revised Articles of Association and Members’ Agreement:

1)    Approves the Council becoming a member of the East Midlands Freeport Company;

2)    Agrees the revised Articles of Association and Members’ Agreement for the East Midlands Freeport Company as set out in the exempt Appendices 4 and 5 of the report;

3)    Authorises the Director of Legal and Democratic Services, in consultation with the Leader, to agree amendments to the Articles of Association and Members’ Agreement;

4)    Authorises the Director of Legal and Democratic Services, in consultation with the Executive Director for Place, to complete any documentation necessary to facilitate incorporation of the Company, following  confirmation of 3) above;

5)    Agrees to amend the previous approval to nominate the Council Leader as Company Director and instead nominate the Cabinet Member for Clean Growth and Regeneration as the East Midlands Freeport Company Director on behalf of Derbyshire County Council;

6)    Notes that the Council’s Cabinet Member for Clean  Growth and Regeneration, as a Director, will have the power under the Articles of Association to appoint an alternate to attend a Board meeting in their absence;

7)    Reaffirms the decision to authorise the Managing Director (or authorised representative) to cast a vote as a Member of the Company, in relation to decisions reserved to members of the Company whether at a member meeting or by written resolution, when necessary, having taken legal, technical and financial advice as appropriate; and

8)    Agrees that periodic progress reports be brought to Cabinet or another appropriate forum by way of updates for members.

Councillor B Lewis introduced a report which had been circulated in advance of the meeting, that sought approval for the amended Articles of Association and Members’ Agreement of the East Midlands Freeport Company and to change the nominated Director to the Company and representative of the Council to act in the role as a member of the Company.

RESOLVED:

That Cabinet, subject to:-

-      The resolution of outstanding subsidy control issues through Government guidance or by way of acceptable legal advice; and

-      South Derbyshire District Council, Goodman EMIP (UK) Limited and Etwall Land Limited also confirming its approval to become a member of the Freeport and agreeing the revised Articles of Association and Members’ Agreement:

1)   Approves the Council becoming a member of the East Midlands Freeport Company;

2)   Agrees the revised Articles of Association and Members’ Agreement for the East Midlands Freeport Company as set out in the exempt Appendices 4 and 5 of the report;

3)   Authorises the Director of Legal and Democratic Services, in consultation with the Leader, to agree amendments to the Articles of Association and Members’ Agreement;

4)   Authorises the Director of Legal and Democratic Services, in consultation with the Executive Director for Place, to complete any documentation necessary to facilitate incorporation of the Company, following  confirmation of 3) above;

5)   Agrees to amend the previous approval to nominate the Council Leader as Company Director and instead nominate the Cabinet Member for Clean Growth and Regeneration as the East Midlands Freeport Company Director on behalf of Derbyshire County Council;

6)   Notes that the Council’s Cabinet Member for Clean  Growth and Regeneration, as a Director, will have the power under the Articles of Association to appoint an alternate to attend a Board meeting in their absence;

7)   Reaffirms the decision to authorise the Managing Director (or authorised representative) to cast a vote as a Member of the Company, in relation to decisions reserved to members of the Company whether at a member meeting or by written resolution, when necessary, having taken legal, technical and financial advice as appropriate; and

8)   Agrees that periodic progress reports be brought to Cabinet or another appropriate forum by way of updates for members.