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.
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.
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