Council Constitution

Part 2 - Articles of the Constitution

Article 18 - Finance, Contracts and Legal Matters

18.1 Financial Management

The management of the Council’s financial affairs will be conducted in accordance with the financial rules.

18.2 Contracts

Every contract made by the Council will comply with the Procurement Standing Orders (Part 4(c)).

18.3 Legal Proceedings

The Borough Solicitor is authorised to institute, defend or participate in any legal proceedings in any case where such action is necessary to give effect to decisions of the Council or any case where the Borough Solicitor considers that such action is necessary to protect the Council’s interests.

18.4 Authentication of Documents

Where any document is necessary to any legal procedure or proceedings on behalf of the Council, it will be signed by the Borough Solicitor or other person authorised by her/him, unless any enactment otherwise authorises or requires, or the Council has given requisite authority to some other person.

Any contract with a value as specified in Procurement Standing Orders entered into on behalf of the local authority in the course of the discharge of an Executive function shall be made in writing. Such contracts must either be signed by our authorised signatory of the authority or made under the common seal of the Council attested by at least one Officer.

18.5 Common Seal of the Council

The Common Seal of the Council will be kept in a safe place in the custody of the Borough Solicitor. A decision of the Council, or of any part of it, will be sufficient authority for sealing any document necessary to give effect to the decision. The Common Seal will be affixed to those documents which in the opinion of the Borough Solicitor should be sealed. The affixing of the Common Seal will be attested by the Borough Solicitor or an authorised signatory of the authority.