Decision details

appointment of director to Brimhams Active Limited

Decision Maker: Chief Executive Officer

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No


That NYC, acting as Shareholder/owner of Brimhams Active Limited (the “Company”), has approved the appointment of the following director to the Company:
• Elizabeth Green as a Company Director.

Reasons for the decision:

Due to the Company being a “teckal” compliant company, the Company’s articles of association includes various reserved matters, which are decisions that must be taken by the Company’s shareholder. As NYC is the sole member of the Company, NYC’s approval was required to enable the Company to appoint new directors. In particular Reserved Matter 18 within the Company’s articles of association requires shareholder approval for “the appointment and removal of any director.” Director appointments are also specifically delegated to the Shareholder Representative under the Shareholder Committee terms of reference.

The appointment of the Company Director will enable the Company to maintain compliance with Ofsted requirements for Little Explorers Day Nursery. The Company Director will be the “nominated individual” for Ofsted purposes.

Alternative options considered:

The following options were considered and rejected:

• Not appointing the Company Director / appointing an existing Director as “nominated individual” – This option was rejected as it was considered necessary to ensure Ofsted compliance for the nursery.

Publication date: 20/06/2024

Date of decision: 05/06/2024