FAQ's

• What is the relationship between the Council and the Company?
• What does the Company have the freedom to do?
• Why does the Council need a Company?
• How can I get to know what the Company is doing?
• When will INTend be looking for development partners?

What is the relationship between the Council and the Company?

The Council remains responsible for the strategic direction of regeneration in the District. The Council has formal controls over the Company and also significant means informal influence through:-

• Six Directors are leading TDC Members.
• The Council can appoint/dismiss TDC Directors 
• The Memorandum and Articles of Association can be changed by the Council. The Company cannot change them without the Council's agreement.  
• The Council can decide to 'wind-up' the Company.
• The Council is a major (primary) funder of the Company and can commission work from the Company.  
• The Council's rights in relation to the Company as its owner and sole Member are contained in Section 3 of the Articles of Association and includes a requirement for the Company to obtain the written consent of the Council relating to certain decisions by the Company
• It has not passed any statutory powers to the Company  

In addition to these formal control mechanisms the Council has significant influence over the Company through its six Directors and a Service Level Agreement between the Council and the Company sets out the basis of the relationship between them, including commitments by each party to the other. It is designed to go further than the basic legal requirements of company documentation and to clarify and strengthen the relationship.

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What does the Company have the freedom to do?

The Company is free to use its resources in any way it wishes to deliver the "objects" for the Company set out in the Memorandum of Understanding. It cannot do anything other than work towards those objects - they are its "sole purpose".

However the objects set out a broad approach to the regeneration of the district and allow the company considerable scope for activity.

The following table illustrates the balance between the "boundaries" set for the Company by the Council and the freedom to decide and act which the Company has. 

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Why does the Council need a Company?

It is widely recognised that the Council’s desire to achieve a step change in the impact it has on the regeneration of the District means that a new way of working is required. The decision to establish the Company was taken to enable it to:-

• Be a separate legal entity from the Council which will have the capacity to employ staff and hold its own funds.
• Be a single purpose organisation focused on the regeneration of the District, unlike the Council which is multi-purpose and which has a range of, sometimes conflicting, demands on its resources and time. A company will be able to achieve a sustained focus on regeneration projects and activities at a level which the Council cannot.
• Be able to engage with community groups and stakeholders with a clear focus on regeneration and without the organisational “baggage” which inevitably comes with the Council’s involvement.
• Demonstrate the Council’s commitment to regeneration and, with the support of the Council, be able to develop a high profile with external funders and partners.
• Be capable of joining with partners (or act alone) to bid or support bids for funding for regeneration projects in the District.
• Be controlled and owned by the Council, but separate from it.
• Include Board members who are influential members of the community with valuable skills, knowledge and community connections who are outside the Council.
  

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 How can I get to know what the Company is doing?

The Company will use its website to actively promote what it is doing and what it intends to do. It will also publish an annual delivery plan setting out its key priorities and working arrangements. The Company is conscious that to be successful it needs to ensure people and organisations are very clear about what it is seeking to achieve and it will therefore make extensive use of consultation and engagement opportunities.

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When will INTend be looking for development partners?

The Masterplan for Harwich identified a number of key sites and opportunities that the Company and Council are already actively working on to bring forward for development. A similar approach will be taken as we develop the Clacton town centre initiatives and develop a masterplan for the resort of Walton. At all stages of these proposals we will be looking to establish relationships with potential delivery partners and use their expertise to test the validity and deliverability of options as they are researched.

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