Decision details

To agree a resolution proposed by the directors of YPO Procurement Holding Limited, in which the Council is a shareholder, to approve the YPO Procurement Holding Limited 2024 Business Plan in accordance with the detail set out in information considered and the report presented to board of directors on 29th November 2023. The decision will be taken under the Leader's power in the Executive Members’ Delegation Scheme to determine any Executive matter which is of such urgency that it is not practicable to refer it to the Executive for determination, after consultation with the relevant Chief Officer.

To agree a resolution proposed by the directors of YPO Procurement Holding Limited, in which the Council is a shareholder, to approve the YPO Procurement Holding Limited 2024 Business Plan in accordance with the detail set out in information considered and the report presented to board of directors on 29th November 2023.

The Council’s Shareholder Committee is authorised to exercise the Council’s powers of shareholder of YPO Procurement Holding Limited. The Shareholder Committee is a sub-committee of the Council’s Executive.

Due to the pressing timeframe of this matter, the Leader of the Council, has taken this decision under his power in the Executive Members’ Delegation Scheme to determine any Executive matter which is of such urgency that it is not practicable to refer it to the Executive for determination, after consultation with the relevant Chief Officer.

Each of Barnsley, Bolton, Bradford, Calderdale, Doncaster, Kirklees Knowsley, North Yorkshire, Rotherham, St. Helens, Wakefield, Wigan, and York Councils (the “LAs”) are shareholders of YPH Ltd. The LAs and YPH Ltd are parties to a Shareholders Agreement dated 8th October 2014 (as amended on 11th June 2019) which records the LAs relationship as shareholders of YPH Ltd and establishes the way the affairs of YPH Ltd are conducted etc.

Decisions concerning YPH Ltd are generally decisions for the board of directors to make unless the decision concerns a reserved matter. Decisions in respect of reserved matters can only be made by the shareholders, either with two-thirds or unanimous approval, dependent on the reserved matter in question. This decision can be made by written resolution which has the same effect as if the resolution was approved at a general meeting.

Article 8.1 of the Shareholders Agreement provides that “The Business Plan is an annual business plan for the Company and its subsidiaries. The Board shall prepare the initial draft of the Business Plan, to be finally approved by the Requisite Majority of the Shareholders, . . .”

The 2024 Business Plan is ambitious and will help sustain North Yorkshire’s economy and provide jobs and job opportunities.

The board of directors discussed the 2024 Business Plan on 29th November 2023.

The only alternative is to not approve the 2024 Business Plan. The approval of the Business Plan is a matter for shareholders of YPH Ltd, requiring the approval of two-thirds of the shareholders. This means that even if North Yorkshire Council does not approve the 2024 Business Plan, it may still be approved.