Decision details

To present for Members’ consideration the future management of the Crematorium.

The Bereavement Services Manager provided an update on the progress made to develop a wholly owned company to run the crematorium.

The report set out proposals for the name of the new company, the make up of the board of directors and the transfer of cemetery staff into the company in addition to the crematorium staff. The governance and rules for the new company would be set out within the company’s Articles and Shareholders Agreement which were attached as appendices to the officer’s report, along with the draft Lease and Transfer Agreements.

It was proposed that consultations with affected staff would commence from May 2017 and the new company would begin trading from the end of September 2017.

The report noted that there were potential implications relating to Corporation Tax and VAT however specialist advice had been obtained which recommended that the new company enter into an operating lease with Chesterfield Borough Council. The report also provided details of the legal advice that had been provided by an external solicitor and the risks involved in establishing the wholly owned company.

Members of the Committee agreed that in order to have sufficient information to present the proposals to their respective Cabinets, a more detailed report should be submitted to each authority’s legal team and Senior Leadership Team for comment. The report would then be brought back to the Committee for consideration before being presented to the three Cabinets.

RESOLVED –

1.   That the progress made in the development of the company be noted.

2.   That the name of the new company be agreed as Chesterfield and District Crematorium.

3.   That the number of Directors from each authority be in line with the current authority representation on the Chesterfield and District Joint Crematorium Committee and be as follows:

·        Chesterfield Borough Council – 5 Directors

·        North East Derbyshire District Council – 4 Directors

·        Bolsover District Council – 2 Directors

4.   That a detailed draft report be submitted to the Senior Leadership Teams and relevant legal advisors at each authority for comment and that the report be presented to the Chesterfield and District Joint Crematorium Committee following the consultations.

5.   That the following points be included in the report:

·        Shareholders Agreement

·        Transfer Agreement

·        Lease

·        Business Plan

·        That the number of Directors from each authority be as follows:

o Chesterfield Borough Council – 5 Directors

o North East Derbyshire District Council – 4 Directors

o Bolsover District Council – 2 Directors

REASON FOR DECISIONS

To allow the development of the Wholly Owned Company to meet the needs of the bereaved.