Purpose

Electronic signatures (which are legally
binding in most jurisdictions) offer a secure, efficient way to
allow for legal personnel to sign documents without requiring
physical copies of said documents or in-person meetings. The
benefits are detailed below:
(a) Improved Efficiency - Electronic signatures eliminate the need
for printing, scanning, and mailing documents, saving time, and
reducing administrative overheads.
(b) Enhanced Security - Electronic signature applications offer
advanced security features to ensure the authenticity and integrity
of signed documents, reducing the risk of fraud.
(c) Cost Savings – By reducing paper usage, printing costs,
and manual processing, electronic signatures can lead to
significant cost savings for the Council.
(d) Client Convenience - Clients can sign documents from anywhere,
at any time, using any device with an internet connection, making
the signing process more convenient and accessible.

The wording in the Constitution under Article 14 will need to be
amended to enable the electronic sealing and signing of documents.
The amendments that need to be made to the constitution are set out
below in bold:

Authentication of Documents

With the exception of Community Care and Childcare Contracts for
Personal Care Services, where any document is necessary to any
legal procedure or proceedings on behalf of the Council it will
either be signed, including by electronic means by the Monitoring
Officer and Assistant Director - Legal and Assurance or other
person authorised by him/her, or sealed with the Common Seal,
including by electronic means of the Council and attested by at
least one authorised officer; unless any enactment otherwise
authorises or requires, or the Council has given requisite
authority, to some other person.

Any contract which exceeds £100,000 entered into on behalf of
the Local Authority in the course of the discharge of an executive
function should be in writing. Such contracts must either be
signed, including by electronic means by the Monitoring Officer and
Assistant Director - Legal and Assurance or other person authorised
by him/her or made under the Common Seal, including by electronic
means of the Council, and attested by the Monitoring Officer and
Assistant Director - Legal and Assurance or other person authorised
by him/her.

Common Seal of the Council

The Common Seal of the Council will be kept in a safe place in the
custody of the Monitoring Officer and Assistant Director - Legal
and Assurance. A decision of the Council, or of any part of it,
will be sufficient authority for sealing any document necessary to
give effect to the decision. The Common Seal will be affixed to
those documents including by electronic means, which in the opinion
of the Monitoring Officer and Assistant Director - Legal and
Assurance should be sealed. The affixing of the Common Seal will be
attested by the Monitoring Officer and Assistant Director - Legal
and Assurance or some other person authorised by him/her.

Content

For the reasons set out, that the Monitoring
Officer and Assistant Director (Legal and Assurance) approve all
necessary amendments to the Council’s constitution to allow
electronic signing and sealing of documents within Sandwell
MBC.