RESOLVED that Cabinet –
a) notes the anticipated increase in demand for Tendring Port Health Authority following the end of the EU exit Transition Period based on current assumptions;
b) acknowledges the continuation of the joint arrangements with East Suffolk Council and Suffolk Coastal Port Health Authority and that a new legal agreement is necessary;
c) notes the reliance of Regulation 12(7) of the Public Contract Regulations 2015 to enter into a direct joint arrangement with East Suffolk Council and Suffolk Coastal Port Health Authority for the shared aim of delivering Port Health Authority functions and the public interest in doing so;
d) authorises the exemption to the Council’s Procurement Procedure Rules to allow a direct agreement to be entered into;
e) agrees that until further reviewed by the Portfolio Holder for Environment & Public Space the Fees and Charges for the Port Health Authority functions should be set in line with those published by Suffolk Coastal Port Health Authority or those suggested by the Government in due course, whichever are the highest;
f) approves the delegation of the necessary Port Health Authority functions to Suffolk Coastal Port Health Authority, which will be recorded within the Council’s Scheme of Delegation and clearly set out within the legal agreement; and
g) authorises the Corporate Director (Operations & Delivery) to negotiate the final terms and conditions of the legal agreement, in consultation with the Portfolio Holder for Environment & Public Space and the Council’s Section 151 Officer and the Monitoring Officer.