Report for Decision

Item 7(a)

PENZANCE COUNCIL, 10 AUGUST 2021

REPORT FOR DECISION

CROWLAS BYPASS / A30 IMPROVEMENTS

Recommendation

That Penzance Council: a) confirms that the £5k to be vired from general reserves to an expenditure line yet to be created is transferred to Penzance to Camborne A30 Action Ltd;

b) considers the invitation to become a member of Penzance to Camborne A30 Action Ltd company either as a body corporate or to appoint an individual councillor; and/or

Background

Previously Penzance Council resolved to to agree a contribution of £5,000 to the Case for Action Group (min.no 99(a) 18.01.21) to explore the potential for improving the A30 from the Newtown roundabout to the St Erth roundabout as Members recognised that improving the A30 and thereby the access route to Penzance would have considerable benefit to Penzance.

At that time it was thought that the group would be constituted as a CIO (Community Interest Organisation). However, it has now become a company limited by guarantee (see attached letter from Derek Thomas MP dated 29 July 2021).

Penzance Council is now being asked to confirm that the £5k is to be paid to Penzance to Camborne A30 Action Ltd and to consider the invitation to become a member of the company (see attached appendix a) and /or to appoint a councillor as a representative to sit on the working group which will meet regularly to monitor progress of the drafting of the report.

Hester Hunt Town Clerk Penzance to Camborne A30 Action Ltd Company Number: 13467351

Dear sir or madam

I am writing to invite you to become a member of Penzance to Camborne A30 Action Ltd.

Penzance to Camborne A30 Action Ltd is a company limited by guarantee. As such, it has members rather than shareholders, who are each en titled to:

• Receive a copy of the company’s annual acco unts; • Attend general meetings and cast a vote; • Elect directors by voting at the members’ meeting; and • Vote on any significant changes to the company, its purpose, its name or how any p rofit is applied.

It is unlikely that the Company will make any profit, but if it does it will be retained as a contribution towards the cost of activities in future years. You will not, therefore, be entitled to receive any dividend or other distribution from the Company, including if the company is wound up.

The company’s constitution is contained in the articles of association. These can be viewed at the Companies House website: https://www.gov.uk/government/publications/model-articles-for-private-companies-limited-by- guarantee/

If the company is wound up, the maximum you commit to paying towards the company’s debts is £1. This is the guarantee you would make upon becoming a member, as described in the articles of association, and applies for the time you are a member or within 12 months.

If you wish to apply for membership, you should complete, sign and date the enclosed Letter of Application and return it to the address at the bottom. Please do not hesitate to contact me if you have any queries.

Yours faithfully

Andrew Watts Company Secretary

Penzance to Camborne A30 Action Ltd Unit 12, Wharfside Shopping Centre, Wharf Road, Penzance, Cornwall. TR18 2GB

Penzance to Camborne A30 Action Ltd

Name:

Address:

Email address:

Dear Sirs

Application for Membership of Penzance to Camb orne A30 Action Ltd

I, the undersigned of the above address, wish to apply to become a member of the above company (“the Company”) and agree to be bound by the provisions of the Company’s Articles of Association.

In particular, I agree to guarantee the debts of the Company up to a maximum amount of £1 if the Company is wound up while I am a member or within 12 months after my membership ends.

Subject to my application being successful, I authorise you to enter my name in the Company’s register of members.

Yours faithfully

______[signature]

______[print name]

Please return this form to Penzance to Camborne A30 Action Ltd, Unit 12, Wharfside Shopping Centre, Wharf Road, Penzance, TR18 2GB or by email to [email protected]

Hester Hunt Clerk to Penzance Town Council Penlee Centre Penlee Park Penzance TR18 4HE

29 July 2021

Dear Hester

Penzance to Camborne A30 Action Ltd

I am writing to confirm our discussions yesterday, and to send you the invoice in relation to the A30 Case for Action Report.

We have incorporated a company limited by guarantee to receive the funds that Penzance Town Council has previously agreed as a contribution towards the development of the Case for Action Report. These funds will only be used for funding this research and the report, in the first place to pay the invoice from Horscroft Research Solutions. No payments can be made from the company’s bank account without a resolution of the board of directors.

This company is little more than a legal vehicle for processing cheques: it is separate from the A30 Action Group, which will continue to meet to move forward progress. As you are aware the A30 Action Group is made up of town and parish council representatives, local residents and stakeholders including Highways England and Cornwall Council. Members of the Company (the company’s controlling body) are taken from the A30 Action Group.

The company is therefore controlled by the following:

St Erth PC (represented by Ted Taylor) * Ludgvan PC John Mundy Gwinear and Gwithian PC (represented by Lionel Pascoe) Marazion PC (represented by *William Collins) Penzance TC (represented by *TBC) Hayle TC (represented by *TBC)

Tara Sherfield Wong – County Council Linda Taylor – County Council

The following individuals serve as members and directors of the company:

Charlie Cartwright Joe Poynton Simon Elliott

(* - subject to formal approval by the directors)

Under Companies Law, no significant decision about the company can be made without a Special Resolution (75% of the members). If you would like further representation as members – or indeed as directors – I would be grateful if you could pass on the attached Letter to Potential Members to interested parties. As we discussed yesterday, there is nothing to stop a body corporate becoming a member.

We need to prepare the case for action for presentation to Highways England by October at the latest, and Horscroft Research Solutions’ invoice is due at the end of August, and so time is of the essence.

I can confirm that once payment has been made, and the report has been produced, there will be no restrictions on sharing the report more widely.

Yours sincerely

Derek Thomas MP For West Cornwall and the Isles of Scilly (St Ives) Att: Letter to Potential Members Invoice