Decision details

Electronic Signatures - Standing Order amendment

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decisions:

40.1     The Committee considered a report by the Director of Law and Assurance on proposed changes to Standing Orders on Procurement and Contracts to enable the use of electronic signatures so that documents can be formally concluded electronically, for recommendation to the Regulation, Audit and Accounts Committee (copy appended to the signed minutes).

 

40.2     The Director of Law and Assurance confirmed that when the proposals are considered by the Regulation, Audit and Accounts Committee they will include a recommendation to increase the value threshold for the use of the seal as an alternative to the use of a signature alone.

 

40.3     Members asked about cyber security in relation to the new application. The Director of Law and Assurance said it has a very high specification and that only a small number of systems had met the Council’s requirements. There will also be an internal security protocol in terms of who can access the system, enforced by the Director.

 

40.4     Members asked if there is any government advice on threshold for signatures and whether the Council is an early adapter of electronic signatures for contract. The Director of Law and Assurance confirmed that external advice had been used and the procurement route had used a Crown Commercial framework agreement. He said the Council is a relatively late adopter due to the need to be reassured about security measures.

 

40.5     In response to a question as to whether the system includes an audit trail the Director confirmed the system will generate an automatic audit trail as opposed to the current manual log.

 

40.6     Members asked about the benefits of signatures under seal and the Director explained that the period of limitation is 12 years as opposed to six and that there are also different remedies available to courts for documents signed under seal as opposed to those signed by hand or electronically.

 

40.7     Resolved –  That the proposed changes to Standing Orders on Procurement and Contracts to enable the use of electronic signatures within the scope set out in the report, be endorsed for recommendation to the Regulation, Audit and Accounts Committee.

Publication date: 24/05/2023

Date of decision: 10/05/2023

Decided at meeting: 10/05/2023 - Governance Committee

Accompanying Documents: