Public Procurement Exemption (Teckal Compliance)
The company is a controlled legal entity structured to meet the "vertical arrangement" in-house exemption requirements (commonly known as the Teckal exemption) pursuant to Schedule 2, Paragraph 2 of the Procurement Act 2023.
As of March 2026, the Subsidiary satisfies the legal thresholds required for Teckal status based on the following criteria:
1. Control Test (Joint Control): The Parent entity holds 57.1% of the direct voting rights and maintains 100% overall strategic control over the company’s board decisions and policies. The ultimate parent control rests entirely with The Council of the Borough of Kirklees and The Borough Council of Calderdale, who exercise joint, dominant public control over the Parent entity. No independent third-party or minority entity exercises overall management or executive control over the operational or strategic direction of the company.
2. No Private Capital Participation: There is no direct or indirect private capital or private sector equity participation in either the company or its Parent entity.
3. Activity (Function) Test: More than 80% of the company’s activities and turnover during the financial year were carried out in the performance of tasks entrusted to it by its controlling public sector contracting authorities.
Consequently, the company continues to operate as an internal, in-house department of its public authority owners for procurement purposes, qualifying it for direct contract awards without competitive tendering