NKDC Leisure Management Services

Concepts

• sleaford
• recreation, culture and sport
• nkdc leisure management services
• lot 1 - sports and physical activity services lot 2 - natural world centre - whisby nature park lot 3 - countryside services sports and physical activity services
• management
• nkdc
• leisure
• agency agreement
• via
• park

Location

Lincolnshire: In North Kesteven District

Description

Lot 1 - Sports and Physical Activity Services Lot 2 - Natural World Centre - Whisby Nature Park Lot 3 - Countryside Services

Total Quantity or Scope

Sports and Physical Activity Services via agency agreement.

Award Detail

CPV Codes

• 92000000 - Recreational, cultural and sporting services

Legal Justification

The manner of exercising the powers 4.3 There are restrictions on these powers. Section 2(3) of the LA 2011 prevents a local authority from using the general power to make or alter: 4.3.1 arrangements for the discharge of a local authority's functions by committees, joint committees, another authority, or an officer under Part 6 of the Local Government Act 1972; 4.3.2 arrangements for local authority governance in England under Part 1A of the Local Government Act 2000 (as inserted by the LA 2011); or 4.3.3 any other contracting-out arrangements, or other arrangements that authorise a person to exercise a function of a local authority. 4.4 The effect of these provisions, particularly the provision described at paragraph 4.3.3, is that NKDC cannot enter into a contract which divests the authority of its statutory powers or obliges the authority not to exercise its powers. This means that the varied contract establishing the Agency Model should not be capable of being interpreted as a delegation of power. It must be a genuine agency relationship. THL.164904104.3 6 LPS.108654.00001 4.5 An agent is a tool through which the principal acts, without any loss of control or direction. A delegate exercises a degree of discretion in performing the functions of the delegator on its behalf. 4.6 Provided that the amended contract establishes a genuine agency model, our view is that NKDC would not be acting outside of its vires by engaging GLL as its agent to provide leisure services. There is supporting case law for this point, which sets out that a genuine agency arrangement will not be a delegation of power: "The general principle is that when a statute gives someone the right to invoke some legal procedure by giving a notice or taking some other formal step, he may either do so in person or authorise someone else to do it on his behalf." (General Legal Council ex parte Whitter v Frankson [2006] UKPC 42 (per Lord Hoffmann at [4]).) 4.7 It will be vital that the amended contract not only refers to GLL as NKDC's agent, but also ensures that this is reflected in the substance of GLL's obligations, i.e. the degree of control that NKDC retains and the scope of discretion that GLL is given to deliver the services. We would be happy to assist with this point. 4.8 Provided that a delegation of power is avoided, our view is that NKDC has the power to enter into the Agency Model.

Other Information

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