Director Training for Local Authorities

Director
Training
For local authorities

Director Training
Local authorities are creating new companies to deliver
a range of public services. Directors of those companies
face a myriad of challenges in their day to day role.
As legal and regulatory requirements tighten, directors need
to be mindful of their obligations and potential personal
responsibilities. Access to quality training, which will help
directors keep abreast of their legal requirements,
is increasingly important.
Simon Goacher
Head of Local
Government
With that in mind, Weightmans have designed a training
service to provide a tailored programme of training and
update sessions for board directors of companies connected
to local authorities.
Our training service is suitable for both experienced
directors who need to maintain awareness and keep upto-date
with legal and regulatory changes, and for newly
appointed directors who need to get up to speed with their
new responsibilities.

Director Training
THE TRAINING STRUCTURE
Our training programme can be delivered
in a variety of formats to best suit your needs.
For example:
The training can be delivered in bite-sized chunks, with each
session lasting no longer than one hour and containing an
overview of the key challenges under one or more of the topics;
Alternatively, the training can be delivered in half or full day
sessions which cover one or more topics in much greater detail.
The proposed 2015/16 programme follows, although we are
happy to cover any additional topics which may be of interest
to you. Our training is designed to be entirely flexible and we
are happy to cover any ‘hot topics’ for particular organisations
and we shall, as a matter of course, typically include within each
session a ‘round up’ of pertinent and timely legal issues in the
news. The training will be delivered by experienced Weightmans
lawyers who will be happy to address any additional questions
which you may have on the day.
DIRECTORS’ DUTIES
Statutory directors. Shadow directors. De facto directors.
Non executive directors. Do different rules apply?
Transactions with the company including service agreements;
loans, share dealings, contracts
Duties to act honestly and in good faith in the best interests
of the company, avoid conflict of interest, exercise reasonable
care, skill and diligence conflict for elected members and
officers between the interests of the council and the company
Consequences of breach of duty
When might personal liability arise?
Directors’ and Officers’ Insurance including the nature of cover,
when it is triggered, who and what is actually covered,
common exclusions and defence costs
Disclosure of interests in contracts
Wrongful trading
Indemnification
Distressed trading
Corporate insolvency and
personal risk for directors.
Vincent King
Partner

Director Training
DATA PROTECTION AND INFORMATION SECURITY
How data protection legislation affects your business
Data loss - handling and potential outcomes
The proposed new penalties regime and how to minimise
your risk
Who needs to appoint a Data Protection Officer (DPO)?
Data Protection Officers and their role
Key proposed changes to data protection legislation in light of
the European Directive.
EMPLOYMENT LAW
Executive Service Agreements, including:
- Striking the right balance between the interests of the
executive and the company
- Equity incentives and tax treatment
- Approval of remuneration packages (including share options
LTIPs, bonuses etc.)
- Who has authority to approve Service Agreements
Employment aspects of re-structuring and some of the
practical tax considerations
Executive terminations and related issues, including impact
regarding shares, share options and potential tax implications
Whistleblowing - handling both the employment law issues
and any potential media fall out.
ENVIRONMENTAL COMPLIANCE AND INCIDENTS
Your environmental risk areas
What do they mean for your business?
Why do environmental incidents happen?
What impact will the new Sentencing Council Guideline for
Environmental Offences have?
How can you prevent environmental incidents?
How can you use the new guideline to your advantage?
How to respond when incidents do happen
Individual liability and responsibility
The impact of the regulators compliance code and statutory
growth duty
The opportunities presented by the new civil sanctions regime.
HEALTH AND SAFETY LAW
Individual and corporate legal duties
How to minimise the risks/consequences of an accident
The Corporate Manslaughter and Corporate Homicide
Act 2007
HSE visits and the fee for intervention scheme
Consequence of breach
Individual’s liability for gross negligence manslaughter
Steps to take following an accident.

Director Training
PENSIONS LAW AND MANAGING PENSIONS LIABILITIES
Identifying and controlling legal risks and liabilities in your
defined benefit pension scheme, including ‘hidden liabilities’
Implementing cost saving measures
Scheme funding and the employer covenant, including
balancing scheme needs with business growth
Conflict management, including conflicts of role and duty,
the separation of trustee and employer
Pensions issues arising from transactions and re-structuring
Notifiable events
Current developments.
PROCUREMENT
The impact of the Young reforms on SME involvement in
public procurement
REGULATORY REQUIREMENTS AND
HOW IT COULD AFFECT YOU
Police Investigations - when might a director be investigated?
Practical steps as to how to deal with these situations
Production Orders and what to do if you receive them
Bribery Act - practical steps to ensure that you have adequate
procedures in place to try to prevent issues from arising
Anti-Money Laundering Advice and practical steps to ensure
that your due-diligence is up-to-date
How to carry out an effective internal investigation where
crime is suspected
Fraud Prevention - how to minimise the risk of fraud
occurring within your business
Business Crime - why directors are vulnerable.
The Public Contracts Regulations 2015 and their impact on:
- Risk of challenge
- Opportunities for greater flexibility
- Opportunities to consider social aspects in public procurement
An analysis of commonly litigated themes / where to focus
resource for enhanced and cost effective risk management.
Mark Landon
National Head of
Client Training

STATE AID REGIME
What are the requirements for state aid?
Consequences of unlawful state aid
Main exemptions:
- The General Block Exemption Regulations
or individual exemption
- De minimis
- The market economy investor principle
- Services of general economic importance.
OTHER TRAINING MODULES AVAILABLE
We also have a series of additional training modules
available which you may find useful:
Product liability - dealing with your suppliers
ADDITIONAL METHODS OF TRAINING AVAILABLE
This training is one of a number of training services which
are available from Weightmans. Others include interactive
workshops, which enable staff to learn about key legal and
practical issues. We meet with every client so as to understand
their particular needs and to ensure that the training is
tailored accordingly.
NEXT STEPS
We have outlined a series of topics that we believe will
match your day to day requirements. This list is by no means
exhaustive. We would be happy to discuss any specific issues
which you would like us to address, as well as costs and
structure of the training in order to align more closely to specific
themes within your organisation.
Avoiding litigation - most common causes in
commercial agreements
Banking and finance law and what to expect when
financing a project
Employment law update
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Property law update
Contract law update
General tax update - a summary of recent and
prospective developments affecting corporates.
Contact: Mark Landon, National Head of Client Training
Tel: 0345 073 9900 or email: mark.landon@weightmans.com
weightmans.com