Venue: Council Chamber, Runcorn Town Hall
Contact: Angela Scott on 0151 511 8670 or Email: angela.scott@halton.gov.uk
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Schedule 12A of the Local Government Act 1972 and the Local Government (Access to Information) Act 1985 In this case Council has a discretion
to exclude the press and public and, in view of the nature of the business to
be transacted, it is RECOMMENDED that under Section 100A(4) of the Local
Government Act 1972, having been satisfied that in all the circumstances of the
case the public interest in maintaining the exemption outweighs the public
interest in disclosing the information, the press and public be excluded from
the meeting for the following item of business on the grounds that it involves
the likely disclosure of exempt information as defined in paragraphs 3 of Part
1 of Schedule 12A to the Act. Please note that if this resolution is
passed, members of the press and public will be asked to leave the room prior
to the consideration of the following business. Minutes: (1) whether
Members of the press and public should be excluded from the meeting of the
Board during consideration of the following item of business in accordance with
Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was
likely that, in view of the nature of the business to be considered, exempt
information would be disclosed, being information defined in Section 100 (1)
and paragraph 3 of Schedule 12A of the Local Government Act 1972; and (2) whether
the disclosure of information was in the public interest, whether any relevant
exemptions were applicable and whether, when applying the public interest test
and exemptions, the public interest in maintaining the exemption outweighed
that in disclosing the information. RESOLVED: That as, in all the circumstances of the case, the public interest in maintaining the exemption outweighed the public interest in disclosing the information, members of the press and public be excluded from the meeting during consideration of the following item of business in accordance with Sub-Section 4 of Section 100A of the Local Government Act 1972 because it was likely that, in view of the nature of the business, exempt information would be disclosed, being information defined in Section 100 (1) and paragraph 3 of Schedule 12A of the Local Government Act 1972. |
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(N.B. The following
Councillors declared a Disclosable Pecuniary Interest in the following item of
business as they were Directors of Halton Borough
Transport Limited; Councillors MacManus, Morley, Wharton and Zygadllo. They all
left the room before the vote on the resolution(s) were taken.) |
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Transport Provision within the Borough Minutes: Council considered a Part II report on transport provision within the Borough. In accordance with Standing Order 16 (3), a recorded vote was taken. The following Members voted FOR the
motion: Councillors J. Abbott, S. Baker, J. Bradshaw, M. Bradshaw, D.
Cargill, E. Cargill, Carlin, Cassidy, Dennett, Dourley, Fry, Gilligan, Harris,
P. Hignett, R. Hignett, Horabin, Howard, Jones, Leck, M. Lloyd Jones, P.Lloyd Jones, C.Loftus, K.Loftus, Logan, A.Lowe, J.Lowe, McDermott, Philbin, Polhill, Ratcliffe, Joe
Roberts, June Roberts, Rowe, Sinnott, G. Stockton, J. Stockton, Teeling,
Thompson, Wainwright, Wallace, Whitley, Woolfall and Wright. There were no votes against the motion. There were no abstentions.
RESOLVED: That
I.
The actions taken by the Council to provide
financial and operational support to Halton Borough Transport Limited, as set
out in the report, be noted;
II.
The continuing severe financial and operational
difficulties being experienced by Halton Borough Transport Limited, as set out
in the report, be noted; III.
The Company’s liabilities are greater
than its assets and it is likely that the Company will become unable to pay its
debts as they fall due and given the ongoing trading losses and exceptional
costs the position cannot continue beyond the immediate short term without a
significant injection of funds, be noted IV.
It would be an inappropriate use of
limited public resources for the Council to provide any further financial
support to Halton Borough Transport Limited.
V.
As the Company’s major shareholder a. to
support the decision taken by the Board of Halton Borough Transport Limited on
the 20th December 2019 to place the company into a formal insolvency
procedure by means of a Liquidation. b. that, the
Operational Director (Legal & Democratic) be authorised to act as set out
in Appendix 1. VI.
to take all reasonably practicable
steps, within the financial limitations of the Council, to support public
transport in Halton. APPENDIX
1 (1) For good governance and practicality, and
subject to any subsequent express revocation, change or supplemental
resolution, direction, instruction or approval from the Council, the Operational Director (Legal &
Democratic) from time to time of the Council be and is authorised to act and be
treated as a representative of the Council in respect of the Council’s
statutory, contractual or other rights and/or powers to: a)
receive notice of (alongside full
legible copies of the applicable meeting agenda and related documentation),
attend, participate, make submissions/representations, vote and pass
resolutions at any general meeting of any kind of Halton Borough Transport
Limited (to include, but not limited to, any general meeting to consider a
resolution to: (i) sell or otherwise transfer/dispose of the shares in the
share capital of Halton Borough Transport Limited, (ii) sell or otherwise
transfer/dispose of the business and assets of Halton Borough Transport
Limited, or (iii) put Halton Borough Transport Limited into any formal
insolvency, winding up, strike off or dissolution process); b) receive a copy of, sign and date any written resolution containing any special resolution(s) and/or ordinary resolution(s) of any kind (to include, but not ... view the full minutes text for item 58. |