Going Corporate? Key issues in forming Local Authority and JV Companies

Level: Intermediate

Repeated from East Midlands

16 July 2019, 9.30am registration (9.45am start) – 1.00pm (followed by lunch) Anthony Collins Birmingham (NO VCE)

Presented by Anthony Collins

Course overview

This session will include a look at some key matters arising when a local authority sets up a joint venture, commercial trading vehicle, or alternative delivery model, including corporate forms and formation, and corporate governance, public procurement and State aid implications, delegation arrangements and probity considerations, and employment and pensions law issues arising.

Suitable audience:

Lawyers who are involved in projects relating to joint ventures or local authority-owned companies, be that Teckal vehicles, trading companies or other ventures

Overview and topics to be covered include:

• corporate forms and formation, including both the process of incorporation and the contractual / governance documents needed;
• key issues arising from public procurement law, including when procurement rules will apply between a local authority and a wholly owned entity or a joint ventures, and how to navigate Teckal rules when they apply;
• some essential lessons around compliance with State aid law;
• probity and declarations of interest;
• delegation arrangements and governance;
• employment and pensions law issues arising from the transfer of services to a new vehicle including application of TUPE rules and the impact on local government pension scheme;

Duration: Half a day (3 training hours) including lunch

Interactive elements

The session will be run as an interactive session, with a conversational style and exercises to seek views and air experiences as well as share learning.


This course will cover:

B Technical legal practice
B4 Draft documents
C Working with other people

Presenter profiles:

Olwen Dutton leads the local government sector at Anthony Collins Solicitors, working with a team of local government specialists and other lawyers across the firm to provide a full service offer to councils. Olwen works with councils as a trusted adviser, providing practical hands-on advice, applying the relevant legislation and case law to the circumstances our clients are facing, and working in an imaginative and creative way to achieve their objectives. Olwen has over thirty years’ experience as a solicitor and spent most of her career in the public sector, where she has been, amongst other roles, a chief executive, corporate director, head of legal services, and monitoring officer.

Doug Mullen is a Senior Associate in the ACS pensions and employment team. He leads our pensions advice, and provides strategic employment advice. He supports a range of not for profit, charitable organisations and aims to understand what clients need and provide practical solutions to legal issues which are tailored to their needs and presented in a clear, straightforward way. Doug has substantial experience in a wide range of different areas including particular expertise in advising on the employment and pensions implications of outsourcing arrangements. He regularly advises on public sector pension schemes, changing terms and conditions, TUPE and the National Minimum Wage, supporting housing and social care providers and local government organisations.

Gayle Monk is a senior associate working with councils and the wider public, private and third-sector clients on their relationships, both contractual and corporate. She advises on public procurement and State aid, and the delivery of public services through contracts, joint ventures or other vehicles. She has a particular focus on achieving social value and community benefit through those public services. Gayle has advised councils and others in the public sector on their procurement processes and contracts, and alternative delivery models for public services including Teckal and trading companies and joint ventures. She has also advised third and private sector organisations on their relationships with the public sector, be it through Big Lottery or EU funding, or through public procurement processes.

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If you would like to send a list of registrants, please email Julie.Scheller@freeths.co.uk.