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Constitution - Part 6I - Partnerships

 

 

1.1 This part of the Constitution sets out the governance arrangements when the County Council proposes to carry out any of its activities through a non-commercial arrangement with one or more external body.

2.1 This Part of the Constitution does not apply to the following types of arrangements, which require specific governance relevant to the type of arrangement proposed:

(a) Formation and transfer of business to an external legal entity, such as a council owned company, community interest company, public sector mutual or other recognised entity, with or without charitable status.

(b) Agreements between the Council and the National Health Service to operate a pooled fund to deliver health and social care activities.

(c) Commercial arrangements which may be described as partnerships, for example, joint venture arrangements, including legal partnerships and contractual arrangements with third sector bodies

(d) Arrangements for the County Council to establish a Joint Committee are set out by the Local Government Act (1972) and Local Government Act (2000). Specific pieces of legislation set out the governance arrangements for Joint Committees.

(e) Arrangements for the County Council to act as an Accountable Body.

3.1 Arrangements made by the County Council to:

(a) To deliver a programme of externally funded activities in co-operation with one or more external bodies.

(b) To form joint arrangements with other bodies in accordance with another statutory power or duty to form a joint board or panel.

(c) To work strategically with one or more external bodies.

(d) To work informally with one or more external bodies, for example, to share knowledge or information.

(e) Non-commercial arrangements which the County Council is invited to participate in by an external body. 

4.1 All reports seeking a decision about the Council's participation in a partnership arrangements must describe how the minimum requirements specified below have been met, or will be met before the Council conducts activities through the partnership.

4.2 The following are the minimum requirements for the Council to make a decision about participation in a partnership:

All Partnerships

(a) The Business Case for participation in the partnership (including risk assessment)

(b) Authority to be delegated to the body (where the law permits delegation)

(c) Authority to be delegated to individuals to act on behalf of the County Council.

Operating Arrangements

Partnerships established by the County Council must have in place governance arrangements which meet the following minimum standards:

(a) A governing document appropriate to the legal structure of the partnership

(b) Operational arrangements.

4.3 Where the County Council has agreed to participate in a partnership established by a third party, the relevant Corporate Director must be satisfied that the governance arrangements of the partnership meet the standards required by the County Council.

4.4 The County Council's Partnership Toolkit sets out the detailed governance arrangements required of partnership arrangements of high significance as defined in the toolkit.

5.1 Corporate Directors and other officers who represent the County Council on an external partnership or other body are authorised to act within their delegated powers recorded in the Scheme of Delegation or Directorate Scheme of Delegation.

5.2 If additional authority is required this should be sought from the person or committee which authorised the County Council's participation in the partnership.

5.3 The County Council has not made provision for individual members to make decisions on behalf of the County Council. 
6.1 All decisions to participate in a partnership arrangement governed by this section of the Constitution must be recorded on the Partnership Register Examples of the type of Partnership included are Safer Cumbria and the LEP.

6.2 It is the responsibility of the Directorate that sought the decision to participate in the partnership arrangement to ensure that the entry is maintained and removed when partnership activities cease.