The provision of Asset Management is a service and function which falls within the Cabinet’s responsibilities (Part 2, Functions and Responsibilities: Section D, paragraph 3, Cabinet Responsibilities (table) of the Constitution refers).
(Note: Each Cabinet Member is responsible for all the types of decisions which sit within their portfolio, unless certain conditions in Part 2, Functions and Responsibilities: Section D, paragraph 5, Discharging Cabinet Functions: Discharge by Individual Cabinet Members (paragraph 5.2) of the Constitution apply. None of those conditions apply, and so this decision falls within the Resources portfolio, held by Councillor Maurice Cook.
However, Part 2, Functions and Responsibilities: Section D, paragraph 5, Discharging Cabinet Functions: Discharge by Officers (paragraph 5.1) of the Constitution provides that unless a function is reserved to Members, or the Leader of the Council has given notice that the decision will be taken by a Member, all decisions in relation to the discharge of Cabinet functions are delegated to Officers in accordance with the Scheme of Delegation to Officers. This is to ensure that decisions of the Council are taken at the most appropriate level and in a timely manner.
The decision to enter in to this agreement is not one which has been reserved to Members, nor is it one that the Leader has given notice of, that it shall be made by a Member.
As a Strategic Director under Part 2, Functions and Responsibilities: Section E, Scheme of Delegation to Officers, paragraph 6, Cascade of Powers (paragraph 6.3) of the Constitution, I have delegated authority to make this decision, and I am a suitably qualified and competent Officer to do so.
Under Part 2, Functions and Responsibilities: Section E, Scheme of Delegation to Officers, paragraph 10, Authorising Expenditure and Signing and Sealing Agreements (paragraph 10.1(b)) of the Constitution, I must consult with the relevant Portfolio Holder. The Cabinet Decision 13 March 2019 also required me to consult with the Cabinet Member for Resources. I consulted with Councillor Maurice Cook on 20 December 2021 who has approved the proposed action.
Given the above, I have decided to enter in to this agreement with Suffolk County Council in respect of land and works connected to the Lake Lothing Third Crossing.