Common use of STATUTORY RESPONSIBILITIES Clause in Contracts

STATUTORY RESPONSIBILITIES. Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED the duly authorised representatives of the Councils have signed this Agreement as a deed on the date written at the beginning of this Agreement. Schedule 1 DELEGATIONS POLICY‌ 1. Approval and adoption of the JWA Business Plan Yes 2. Approval and adoption of any updated JWA Business Plan save to the extent any such update amount to a material change to the prevailing JWA Business Plan (in which case the decision to approve and adopt such updated JWA Business Plan shall be a "Matter Reserved To The Councils") Yes 3. Approval and adoption of the Annual Business Plans and any updated Annual Business Plan Yes 4. Taking action outside of the parameters of the JWA Business Plan or any Annual Business Plan(s) for specific Programme Themes or approved projects agreed in the JWA Business Plan which shall include the number and scope of projects to be developed in order to provide an overall regional benefit to the Cardiff Capital Region Yes 5. Agreeing the legal structure of the Cardiff Capital Region Wider Investment Fund (e.g. a separate corporate entity established as a company or LLP, a Limited Partnership or a Block of Finance / Accountable Body arrangements) Yes 6. Agreeing the number of, size of and scope of any investment fund(s) within the scope of the Annual Budget set out in Clause 12.4 (Annual Budget) Yes 7. Agreeing any governance documentation Yes 8. Agreeing the investment criteria and investment policy to determine when Yes investments should be made and their prioritisation 9. Procuring and appointing a fund manager Yes 10. Agreeing any increase to the Affordability Envelope Yes 11. Approval of any increase to the Council Contribution above the £120,000,000 (one hundred and twenty million pounds) provided for under Clause 12.5.3 (Councils' Contribution) Yes 12. Agreeing any extension of time beyond the six (6) month timescale set out under Clause 2.3 (Conditions Subsequent) to allow the Councils further time to approve any Welsh Government Funding conditions Yes 13. Waiver of any Condition Subsequent pursuant to Clause 2.3 (Conditions Subsequent) Yes 14. Approval of any disproportionate Internal Costs pursuant to Clause 12.2.2 (Commitment of the Councils and Contributions) Yes 15. Approval of expenditure within the approved Annual Budget of the Accountable Body held on behalf of the Councils set out in Clause 12.4 (Annual Budget) Yes 16. Approval of the Annual Budget pursuant to Clause 12.4.1(b) (Annual Budget) Yes 17. Approval of additional expenditure up to of 5% (five per cent) of the approved Annual Budget of the Accountable Body held on behalf of the Councils set out in Clause 12.4 (Annual Budget) Yes 18. Agreeing the form of the Gateway Reviews Yes 19. Agreeing any Welsh Government Funding conditions Yes 20. Approval of whether some of the HMT Contribution capital funding can be used as revenue pursuant to Clause 12.5.2(b)(v) (HMT Yes Contribution) 21. Entering into (or agreeing to enter into) any borrowing arrangement on behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yes 22. Accepting terms and conditions in relation to any third party funding for the City Deal Yes 23. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 24. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 25. Making any variations to or waiving any rights to or terminating any contracts signed by Councils / the Accountable Body (other than this Agreement) which are material to the City Deal. Yes 26. Amendments to the terms of this Agreement Yes 27. The engagement of (and terms of engagement of) any individual person as a consultant where the value of the appointment does not exceed £50,000 per Accounting Period Yes 28. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Council in relation to the City Deal, except in relation to debt collection in the ordinary course of business. Yes 29. Making any announcements or releases of whatever nature in relation to the Joint Committee and the City Deal Yes

STATUTORY RESPONSIBILITIES. Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED the duly authorised representatives of the Councils have signed this Agreement as a deed on the date written at the beginning of this Agreement. Schedule 1 DELEGATIONS POLICY‌. 1. Approval and adoption of the JWA Business Plan IAA3 Yes 2. Approval and adoption of any Business Plans Yes 3. Approval and adoption of any updated JWA Business Plan Plans save to the extent any such update amount amounts to a material change to the prevailing JWA Business Plan (in which case the decision to approve and adopt such updated JWA Business Plan shall be a "Matter Reserved To The to the Councils") Yes 3. Approval and adoption of the Annual Business Plans and any updated Annual Business Plan Yes 4. Taking action outside of the parameters of the JWA Business Plan or any Annual Business Plan(s) for specific Programme Themes or approved projects agreed in the JWA Business Plan which shall include the number and scope of projects to be developed in order to provide an overall regional benefit to the Cardiff Capital Region Yes 5. Agreeing the legal structure of the Cardiff Capital Region Wider Investment Fund (e.g. a separate corporate entity established as a company or LLP, a Limited Partnership or a Block of Finance / Accountable Body arrangements) Yes 6. Agreeing the number of, size of and scope of any investment fund(s) within the scope of the Annual Budget set out in Clause 12.4 (Annual Budget) Yes 7. Agreeing any governance documentation Yes 8. Agreeing the investment criteria and investment policy to determine when Yes investments should be made and their prioritisation 9. Procuring and appointing a fund manager Yes 10. Agreeing any increase to the Affordability Envelope Yes 11. Approval of any increase to the Council Contribution above the £120,000,000 (one hundred and twenty million pounds) provided for under Clause 12.5.3 (Councils' Contribution) Contribution Yes 12. Agreeing any extension of time beyond the six (6) month timescale set out under Clause 2.3 (Conditions Subsequent) to allow the Councils further time to approve any Welsh Government Funding conditions Yes 13. Waiver of any Condition Subsequent pursuant to Clause 2.3 (Conditions Subsequent) Yes 145. Approval of any disproportionate Internal Costs pursuant to Clause 12.2.2 11 (Commitment of the Councils and Contributions) Yes 156. Approval of expenditure within the approved Annual Budget of the Accountable Body held on behalf of the Councils set out in Clause 12.4 11.2 (Annual Budget) Yes 167. Approval of the Annual Budget pursuant to Clause 12.4.1(b) 11.2 (Annual Budget) Yes 178. Approval of additional expenditure up to of 5% (five per cent) of over and above the approved Annual Budget of the Accountable Body held on behalf of the Councils set out in Clause 12.4 11.2 (Annual Budget) Yes 189. Agreeing To approve from time to time the form distribution of the Gateway Reviews Annual Budget as between the different programmes and projects agreed as part of any MWGD or the Regional Growth Strategy Yes 19. Agreeing any Welsh Government Funding conditions Yes 20. Approval of whether some of the HMT Contribution capital funding can be used as revenue pursuant to Clause 12.5.2(b)(v) (HMT Yes Contribution) 2110. Entering into (or agreeing to enter into) any borrowing arrangement on Yes behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yesborrowing 2211. Accepting terms and conditions in relation to any third party funding for the City Deal MWGD Yes 2312. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 2413. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 2514. Making any variations to or waiving any rights to or terminating any contracts signed by Councils Council / the Accountable Body (other than this Agreement) which are material to the City DealMGWD. Yes 2615. Amendments to the terms of this Agreement Yes 2716. The engagement of (and terms of engagement of) any individual person as a consultant where the value of the appointment does not exceed £50,000 per Accounting Period Yes 2817. The engagement of (and terms of engagement of) any individual person where the value of the appointment does exceeding £50,000 per Accounting Period Yes 18. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Council Party in relation to the City DealMWGD, except in relation to debt collection in the ordinary course of business. Yes 2919. Making any announcements or releases of whatever nature in relation to the Joint Committee and the City Deal MWGD. Yes 20. Creation of a local authority trading company under Local Government Yes Act 2003 21. Any other matters not covered in this (Delegations Policy) Yes

STATUTORY RESPONSIBILITIES. Notwithstanding anything apparently to the contrary in this Agreement, in carrying out their statutory duties, the discretion of any Council Party shall not be fettered or otherwise affected by the terms of this Agreement. AS WITNESSED the duly authorised representatives of the Councils have signed this Agreement as a deed on the date written at the beginning of this Agreement. Schedule SCHEDULE 1 DELEGATIONS POLICY‌ 1. Approval and adoption of the JWA Business Plan OBP Yes 2. Approval and adoption of any updated JWA Business Plan OBP save to the extent any such update amount amounts to a material change to the prevailing JWA OBP or a material change in the content of the Portfolio Programme or any Project Business Plan Case of any of the Approved Projects (in which case the decision to approve and adopt such updated JWA Business Plan OBP shall be a Reserved Matter) For the avoidance of doubt, a material change is a change which (includes but is not limited to) any change already captured as a "Matter Reserved To The Councils") Matter" in this Agreement. Yes 3. Approval and adoption of the Annual Programme and Portfolio Business Plans and Cases including any updated Annual updates in accordance with Clause 13 (Business Plan Plan) Yes 4. Taking action outside Approval and adoption of the parameters of the JWA Project Business Plan or any Annual Cases in accordance with Clause 13 (Business Plan(sPlan) for specific Programme Themes or approved projects agreed in the JWA Business Plan which shall include the number and scope of projects to be developed in order to provide an overall regional benefit to the Cardiff Capital Region Yes 5. Agreeing Subject to 2 above, varying the legal structure of the Cardiff Capital Region Wider Investment Fund (e.g. a separate corporate entity established as a company or LLP, a Limited Partnership or a Block of Finance / Accountable Body arrangements) Programmes to be delivered. Yes 6. Agreeing any increase in the number of, size of and scope of Councils' Contribution or the Advisers' Contribution or any investment fund(s) within the scope of the Annual Budget set out in Clause 12.4 (Annual Budget) Adviser's Individual Contribution Yes 7. Agreeing any governance documentation Yes 8. Agreeing the investment criteria and investment policy to determine when Yes investments should be made and their prioritisation 9. Procuring and appointing a fund manager Yes 10. Agreeing any increase to the Affordability Envelope Yes 11. Approval of any increase to the Council Contribution above the £120,000,000 (one hundred and twenty million pounds) provided for under Clause 12.5.3 (Councils' Contribution) Yes 12. Agreeing any extension of time beyond the six (6) month timescale set out under Clause 2.3 (Conditions Subsequent) to allow the Councils further time to approve any Welsh Government Funding conditions Yes 13. Waiver of any Condition Subsequent pursuant to Clause 2.3 (Conditions Subsequent) Yes 14. Approval of any disproportionate Internal Costs pursuant to Clause 12.2.2 15.2.2 (Commitment of the Councils Parties and Contributions) Yes 158. Approval of expenditure within the approved Annual Budget of the Accountable Body Host Authority held on behalf of the Councils Joint Committee set out in Clause 12.4 15.4 (Annual Budget) Yes 169. Approval Save where provided for in Clause 15.4.3 where increases subject to index rate shall not require any formal approval (Annual Budget Annual Increases), approval of any further increase to the Annual Budget Contributions shall be a Reserved Matter for the Parties Yes 10. any changes to the Councils' Supplementary Contribution shall be a Council Matter for the Councils only Yes – Council Matter only 11. a decision pursuant to Clause 12.4.1(b9.1.3 (Corporate Joint Committee) (Annual Budget) Yes 17. Approval of additional expenditure up to of 5% (five per cent) of the approved Annual Budget of the Accountable Body held on behalf of shall be Yes – Council Matter only a Council Matter for the Councils set out in Clause 12.4 (Annual Budget) only 12. Transfer of funds allocated from one Project to another Yes 18. Agreeing the form of the Gateway Reviews Yes 19. Agreeing any Welsh Government Funding conditions Yes 20. Approval of whether some of the HMT Contribution capital funding can be used as revenue pursuant to Clause 12.5.2(b)(v) (HMT Yes Contribution) 21. Entering into (or agreeing to enter into) any borrowing arrangement on behalf of the Joint Committee and/or giving any security in respect of any such borrowing Yes 22. Accepting terms and conditions in relation to any third party funding for the City Deal Yes 23. Replacement of the Accountable Body pursuant to Clause 4.2 Yes 24. Establishment of a sub-committee pursuant to this Agreement and determining their terms of reference and scope of delegation. Yes 25. Making any variations to or waiving any rights to or terminating any contracts signed by Councils / the Accountable Body (other than this Agreement) which are material to the City Deal. Yes 26. Amendments to the terms of this Agreement Yes 27. The engagement of (and terms of engagement of) any individual person as a consultant where the value of the appointment does not exceed £50,000 per Accounting Period Yes 28. Commencing any claim, proceedings or other litigation brought by or settling or defending any claim, proceedings or other litigation brought against the Joint Committee or individual Council in relation to the City Deal, except in relation to debt collection in the ordinary course of business. Yes 29. Making any announcements or releases of whatever nature in relation to the Joint Committee and the City Deal Yes