Agenda and draft minutes

Shareholder Committee
Thursday, 31st March, 2022 12.30 pm

Venue: Crompton Suite, Civic Centre, Oldham, West Street, Oldham, OL1 1NL. View directions

Items
No. Item

1.

Election of Chair

The Committee is requested to appoint a Chair for the duration of the meeting

Minutes:

RESOLVED - that Councillor Shah be elected Chair for the duration of the meeting.

2.

Apologies for Absence

Minutes:

There were no apologies for absence.

3.

Urgent Business

Urgent business, if any, to be introduced by the Chair

Minutes:

There were no urgent items of business for the Committee to consider.

4.

Declarations of Interests

To receive Declarations of Interests in any Contract or matter to be discussed at the meeting.

Minutes:

There were no declarations of interests received.

5.

Public Question Time

To receive questions from the public, in accordance with the Council’s Constitution.

Minutes:

There were no public questions for this meeting of the Committee to consider.

6.

Minutes pdf icon PDF 207 KB

The Minutes of the meeting of the Shareholders Committee, held 3rd September 2020, are attached for approval.

Minutes:

RESOLVED - that the minutes of the meeting of the Shareholder Committee held on 3rd September 2020 be approved as a correct record.

7.

Deed of Termination of Partnership Agreement between Oldham Council and Unity Partnership Limited pdf icon PDF 239 KB

Additional documents:

Minutes:

The Committee considered a report of the Chief Executive concerning proposed future arrangements of Unity Partnership Limited.

 

On 24th January 2022, the Cabinet received a report regarding the Review of the Council’s wholly owned Company, Unity Partnership Ltd (minute 6 refers).  The report highlighted the priority for the Council to deliver resident focused services and considered that, central to this priority, is to have a one Council approach – delivering for our residents, businesses and communities. The Cabinet accepted that the transfer of Services provided by Unity Partnership Ltd (the Company) back to the Council was in line with our one Council approach and considered that agreeing to such an approach would allow the Council to realise benefits of performance, service improvements and efficiencies, thus having a positive impact on both staff and residents of Oldham.

 

Following receipt of the report and having considered the associated options, the Cabinet had agreed a decision to: Transfer services back to the Council and retain Unity Partnership Ltd as a wholly owned company for a minimum period of 12 months whilst the Council considered its delivery vehicle for Traded Services. 

 

Within the recommendations accepted by the Cabinet in making this decision was one specifically related to the current Partnership Agreement that is in place between the Council and the Company.  This stated that Cabinet ‘Agree to the Partnership Agreement between the Council and UPL be terminated and in doing so, authorise the Director of Legal Services or their nominated representative to sign all appropriate documentation necessary for the purpose of implementing the recommended option’.

 

The Unity Board of Directors agreed, at a Board meeting on 9th February 2022, to accept a Heads of Terms that provided assurance on corporate governance, legal, company liabilities and risk, employee arrangements and other key elements.  These Heads of Terms were developed in consultation with officers from the Council and Unity and were approved by legal advisors.  The Board of Directors also agreed to waive the reduced notice period (to reduce from 12 months).

 

The Deed of Termination had been approved by Unity Partnership Limited’s Board of Directors on 30th March 2022. Therefore, this meeting of the Shareholder Committee was being asked to endorse and approve the Board of Directors’ decision, which would allow the transfer to proceed with a completion date of 1st April 2022.

 

RESOLVED:

1.    That the Committee notes the Deed of Termination (attached to the report at Appendix 1) that has been prepared by DWF LLP on behalf of Unity Partnership Limited and has been consulted upon with Oldham Council officers and Oldham Council legal advisors (Brabners LLP).

2.    That the Committee notes that the Unity Board of Directors have considered and approved the Deed of Termination at their meeting on 30th March 2022. 

3.    That the Committee notes that Oldham Council’s Cabinet have already agreed to the termination of the Partnership Agreement and have already authorised the Director of Legal Services to sign all appropriate documentation  ...  view the full minutes text for item 7.