Changes required to Mendip District Council’s Constitution to reflect the proposal for a shared legal service between Mendip District Council, Deane Borough Council and West District Council

Section Existing Proposed Change 18, Schedule 1,Part A, (D) Corporate Manager– Governance, Assets and (D) Corporate Manager– Governance, Assets and Section B Public Spaces and Monitoring Officer Public Spaces and Monitoring Officer

General Delegations to Corporate Support Services Corporate Support Services Corporate Managers • The provision of legal services to the Council • The provision of legal services to the Mendip District Formatted: Indent: Left: 0.06 cm, Hanging: 0.5 cm, Space Council, Taunton Deane Borough Council and West After: 0 pt, Line spacing: single Somerset District Council 18, Schedule 1,Part A, 3. Monitoring Officer and Legal Adviser 3. Monitoring Officer and Legal Adviser Section C 3.3 To sign any notice, order, contract or other 3.3 To sign any notice, order, contract or other Specific Delegations to document on behalf of the Council and to document on behalf of the Mendip District Chief Executive, Statutory affix the Common Seal of the Council to any Council, Taunton Deane Borough Council and Officers, Legal Adviser document. District Council and to affix the and Corporate Manager Common Seal of the aforesaid Council’s to any Built Environment 3.7 Subject to being satisfied as to the evidence, document. to institute, conduct and settle legal proceedings on behalf of the Council in any 3.7 Subject to being satisfied as to the evidence, to Formatted: Space After: 0 pt, Line spacing: single court of law, tribunal or other body (including institute, conduct and settle legal proceedings all administrative and ancillary acts incidental on behalf of the Mendip District Council, thereto) and in the absence of the Monitoring Taunton Deane Borough Council and West Officer and Legal Adviser the Deputy Somerset District Council in any court of law, Monitoring Officer is so authorised to tribunal or other body (including all exercise this delegation. administrative and ancillary acts incidental thereto) and in the absence of the Monitoring 3.8 To authorise officers to appear on the Officer and Legal Adviser the Deputy Monitoring Council’s behalf in proceedings before the Officer is so authorised to exercise this courts and or/or tribunals. delegation.

3.9 To obtain the opinion of counsel on any 3.8 To authorise officers to appear on the Council’s Formatted: Space After: 0 pt, Line spacing: single question of doubt or difficulty concerning the behalf of Mendip District Council, Taunton Council’s business and to instruct counsel to Deane Borough Council and West Somerset represent the Council in any form of District Council in proceedings before the courts proceedings. and or/or tribunals.

3.10 To instruct solicitors and other experts to 3.9 To obtain the opinion of counsel on any provide advice and/or to represent the question of doubt or difficulty concerning the Council. Council’s business of Mendip District Council, Taunton Deane Borough Council and West Somerset District Council and to instruct counsel to represent the aforesaid Councils in any form of proceedings.

3.10 To instruct solicitors and other experts to Formatted: Space After: 0 pt, Line spacing: single provide advice and/or to represent the Mendip District Council, Taunton Deane Borough Council and West Somerset District Council. 18, Schedule 6 Governance, Assets and Public Spaces and Governance, Assets and Public Spaces and Monitoring Cabinet Scheme of Monitoring Officer Officer Delegation • Legal and Ethical Standards • Shared Legal Service and Ethical Standards Title of Portfolio and Service Area