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To approve the signing of a deed of variation
with Aster Communities regarding nomination to the Aster
Communities Board.

Reasons for the decision

Elected Members are at times appointed to sit
on Outside Bodies. Outside bodies include trusts, companies,
charities, school governing bodies, industrial and provident
societies, and community associations.

Members may be involved as a director, trustee, governor or member
(with or without voting powers). Those who are involved in the
management of outside bodies have responsibilities to that body
that must be acted upon. Their role, responsibilities and potential
liabilities will depend upon the legal nature of the organisation
and the capacity in which they have been appointed.

Paragraph 4.1.5 of Part 4 of the Constitution (Rules of Procedure)
states that the Annual Meeting of Full Council will ‘agree
that appointments to outside bodies will be made by the Leader of
Council, Cabinet, Area Boards or a meeting of group leaders as
appropriate’.

At the meeting on 20 May 2025 Full Council agreed to ‘To
delegate the appointment to Outside Bodies (other than those
appointed by Leader of the Council or Area Boards) to the Director,
Legal and Governance, in consultation with Group Leaders’
(Minute 34h).

Aster Communities Board historically had a representative from
Wiltshire Council. This was assigned as a Leader appointed Outside
Body.

Aster contacted Wiltshire Council in 2025 requesting that the
outside body appointment with a Wiltshire Council representative be
ended, in order to develop a new strategic relationship with the
council, and to reflect more common practice for housing providers
to independently recruit directors.

Following the election the new Leader of Wiltshire Council, Cllr
Ian Thorn, agreed to the proposal and the Wiltshire Council
representative was accordingly removed. The proposal had also been
supported by the outgoing Leader of the Council, Cllr Richard
Clewer.

Aster have requested the council sign a formal deed of variation to
note the change to the relationship. As Director of Legal and
Governance I approve the signing of the deed of variation to give
effect to the decision of the Leader to end the outside body
arrangement.

I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:

Key decision requirements: NA

Views of relevant cabinet member(s), committee chairman, area
board(s): Yes - 10 June 2025

Consultation with cabinet member(s), the Leader and Scrutiny (for
Executive decisions taken under Emergency Powers): NA

Consultation in accordance with the council’s consultation
guidance and the views emanating from that process: NA

Implication of any council policy, initiative, strategy or
procedure: NA

Staffing, financial and legal implications: NA

The assessment of any associated risks in accordance with the
Council’s risk management strategy: NA

Involvement of appropriate statutory officers and/or corporate
directors and directors: NA

Regional or national guidance from other bodies where relevant:
NA

The council’s constitution, including the Procurement and
Contract Rules (Part 10) and the Financial Regulations and
Procedure Rules (Part 9), all relevant guidance, legislation, codes
of practice, and protocols: Part 4 - Council Procedure

Alternative options considered

A Wiltshire Council representative on a body
is at the discretion of that body, or else required by formal terms
of reference. As Aster have requested a change to the appointments
following governance reviews, the council has accepted their
wishes.