Sam Sutton (SS) and Poppy Short (PS) from Mills & Reeve provided an overview of the
directors’ responsibilities during the integration of New Anglia LEP into Norfolk & Suffolk County
Councils. SS advised that the presentation would focus on the key responsibilities:
Duty to act with powers
Duty to promote the success of the company
Duty to consider the interests of creditors
Duty to exercise independent judgement
SS noted the importance of ensuring that all conflicts of interests are declared and recorded
including any indirect interest and noted that the impact of this on meeting quoracy needed to
be considered. If applicable it may be necessary to ask members for the quoracy requirement
to be waived.
SS also highlighted the fact that public sector directors may identify a conflict of interests
between the LEP and their employer and if so should consult their own internal policies.
SS advised that in practise claims about breach of duties are rare and largely related to
wrongdoing rather than accidental breaches.
Helen Langton (HL) noted that many of the decisions have been outside of the control of the
LEP or its directors and may not reflect their own opinions.
Poppy Short (PS) advised that the Directors should continue to work as best they could within
the framework provided by Government.
Johnathan Reynolds (JR) queried whether there was a conflict of interest for the Leaders of
NCC and SCC to lead the LEP integration and also being LEP directors.
PS advised that leaders need to consider Article 12 as to whether the restrictions reply
regarding directors’ responsibilities and meeting quoracy.
The board discussed the timeline for the integration and asked if there were key timescales that
Directors need to be aware of.
SS noted that the LEP and directors are having to react at short notice and need to be pragmatic
doing the best in the time available. It is vital to ensure that decisions are fully documented.
SS and PS confirmed that they were available for questions from board members.
The Board agreed:
To note the content of the report