Who exactly signs a service agreement?

Question

Hi

When a PC signs a service agreement for the supply of services from a company, who exactly must sign the service agreement on behalf of the PC and is there any legislation which governs the signing of it?

Any advice would be most appreciated.

Thank you

Sam

Answer 1

Normally it is signed by the clerk as the RFO and then countersigned by the Chair as the representative on behalf of the councillors

Comments

Thanks CG. As you say and as I believed, the Proper Officer's signature would also be required on such agreements.  However, is it mandatory?

---

I would say yes because the RFO pays the invoices for the services supplied

---

Thank you again.

---

Yes as a minimum it MUST be the RFO / Clerk as the Proper officer and Legally existing representative. After that its down to an individual Council and its standing orders .

---

Thank you CE.

Answer 2

The latest model Financial Regulations includes the following:-

10.4. A member may not issue an official order or make any contract on behalf of the council.

Always the Clerk/RFO's responsibility.

Comments

So, a member may not make any contract on behalf of a PC. That's great DtC - many thanks!

---

Interesting, as our previous Chair habitually made decisions to purchase items or incur costs using the 'discretion ' afforded him in the Financial Regulations, only informing the PC retrospectively.