The Leader explained that the meeting would be conducted in accordance with the Local Authorities and Police and Crime Panel (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No. 392.

In welcoming all Members and members of the public, the Leader explained which Swale Borough Council officers were in attendance.

To approve the Minutes of the Meeting held on 28 October 2020 (Minute Nos. 204 - 206) as a correct record.

The Minutes of the Meeting held on 28 October 2020 (Minute Nos. 204 – 206) were taken as read, approved and signed by the Chairman as a correct record.

Councillors should not act or take decisions in order to gain financial or other material benefits for  themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Chairman will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)          Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the meeting while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Leader introduced the report which sought approval of proposed amendments to Contract Standing Orders.  He drew attention to paragraph 3.22 on page 7 of the report which set-out the amendments to financial thresholds and procedures.

A Member referred to paragraph 3.2 on page 3 of the report and asked for the reasoning behind the threshold changes which he considered to be a large jump.  The Head of Commissioning, Environment & Leisure acknowledged that it was a large jump and explained that the Commissioning Working Group had looked at comparisons with other Kent authorities and there had been a massive discrepancy and this change would bring Swale Borough Council in-line with other local authorities.  He said the rationale was to make the process quicker and easier.  The Leader agreed that this change would increase speed and efficiency.  The Head of Policy, Communications and Customer Services drew attention to paragraph 3.29 on page 10 of the report which set-out the re-wording of paragraph 8.4 in the constitution.  He explained that the wording of this paragraph needed to be amended, both in this report, and the next report on the agenda, to read ‘…….has been approved by the Head of Legal Partnership’.

In response to a question, the Head of Commissioning, Environment & Leisure referred to reference to the EU Rules/threshold in the Contract Standing Orders section of the constitution.  He said the proposed new wording included reference to UK/Public Contract Regulations as well and this would mean that the proposed changes were future-proofed as far as possible.

Recommended:

(1)        That the proposed amendments to Contract Standing Orders be approved, with the following further amendment to paragraph 8.4 of the Contract Standing Orders:

‘Electronic signatures may be used by both the Council and the Supplier in accordance with the Electronic Signature Regulations 2002 provided the sufficiency of security arrangements has been approved by the Head of Legal Partnership.  The Council shall use suitable, free software, such as Adobe, to create electronic signatures.’

The Head of Mid Kent Legal Partnership introduced the report which sought approval to changes to the Council’s Constitution to enable the use of mobile seals and electronic signatures.  She drew attention to paragraph 3.1 on page 34 of the report and explained that for consistency the wording of paragraph 8.4 would need to be amended to reflect the change made in the first item on this agenda.

Recommended:

(1)        That the minor amendments to the Constitution as set out in paragraph 3.1 of the report be approved, with the following further amendment to paragraph 8.4 of the Contract Standing Orders:

‘Electronic signatures may be used by both the Council and the Supplier in accordance with the Electronic Signature Regulations 2002 provided the sufficiency of security arrangements has been approved by the Head of Legal Partnership.  The Council shall use suitable, free software, such as Adobe, to create electronic signatures.’