Agenda item

To formally endorse the appointment of the Chief Executive as an Alternate Director of Freeport East Limited.


The Chief Executive (Ian Davidson) declared an Interest in this matter insofar as he was named within the report and withdrew from the meeting whilst this item was deliberated and determined by Members.


The Leader of the Council (Councillor Stock OBE) also declared an Interest in this matter insofar as he was this Council’s Member representative Company Director on the Board of Freeport East Limited.


It was reported that, at its meeting held on 25 March 2022, Cabinet had resolved (minute no. 151 referred) that:


·      the Leader and Officers participate in the governance proposals set out in the Full Business Case for Freeport East on the principle that Tendring District Council becomes a member of the body set up to govern Freeport;

·      any decision to formally become part of the governing body would be taken by the Leader, in accordance with previous delegations, following consultation with his Portfolio Holder Working Party; and

·      it approves the Leader of the Council appointing a Member representative to that governing body.


Subsequently, having considered the recommendations made by the Freeport East Portfolio Holder Working Party, at its meeting held on 31st August 2022, the Leader had made the following Executive Decision on 17th October 2022, namely that:


i)    Tendring District Council joins the Freeport East Company as a founding Member;

ii)   Tendring District Council enters into a Members’ Agreement with other partner organisations in Freeport East; and

iii)  The Leader of the Council is to join the Board of the Company as the Member representative Company Director from Tendring District Council.


Council was made aware that Clause 16 of the Articles of Association provided for Alternate Directors to be appointed by any Public Sector Director (the Appointor) who was an officer or employee, or an elected member, of their appointing Member as an alternate. Each alternate would be appointed to exercise the Appointor’s powers and to carry out the Appointor’s responsibilities. The appointment or removal of an Alternate must be effected by notice in writing to the Company signed by the Appointor.  Such appointment or removal would take effect when the notice was received by the Company or on such later date (if any) specified in the notice. The Board would be responsible for registering any Alternate Directors at Companies House.


Council was informed that the Leader of the Council had decided, in acting as a Director of the Company that he wished to appoint Ian Davidson, Chief Executive as the Alternate Director. However, this proposal required the endorsement of Full Council in accordance with Part 3.4 of the Constitution, Schedule 1, Responsibility for Local Choice Functions i.e. 


Full Council had delegated the authority to the Chief Executive for the appointment of any individual –


(a)    to any office other than an office in which they are employed by the authority;


(b)    to any body other than –


(i)     the authority;

(ii)    a joint committee of two or more authorities; or


(c)   to any committee or sub-committee of such a body.


and the revocation of any such appointment.


However, it was appreciated that the Chief Executive could not exercise those powers for his own appointment(s) and therefore it was moved by Councillor Stock OBE, seconded by Councillor G V Guglielmi and:-


RESOLVED that Full Council endorses the appointment of Ian Davidson, acting as Chief Executive of Tendring District Council, as Alternate Director to Freeport East Ltd.


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