Leader of the Council – Devolution Cabinet Member – Minutes – 16 November 2016

4 (4) GREATER LINCOLNSHIRE DEVOLUTION PROPOSAL – The Assistant Director: Legal and Democratic submitted a report setting out the latest position in relation to the implementation of the devolution agreement for Greater Lincolnshire.

The cabinet received the Greater Lincolnshire Devolution Expression of Interest documents at its meeting on 28 September 2015. It endorsed the proposal and noted the future work involved.

Council received the Greater Lincolnshire Devolution Deal Interim Governance Proposal and the then latest version of the deal document at its meeting on 10 November, 2015.  Council approved a range of recommendations.

On 10 May 2016 the Council received a report on the outcome of the governance review and a draft scheme for a combined authority.  On 24 June 2016 the Devolution Cabinet Member considered a report similar in terms to that presented to Council on 10 May 2016, and on behalf of the Executive, approved the same recommendations. On 29 September 2016 Council considered a report in similar terms to the report to be considered and approved the recommendations contained therein.

There were clear statutory processes that needed to be followed in accordance with the Local Democracy Economic Development and Construction Act 2009, as amended by the Cities and Local Government Devolution Act 2016, to establish a mayoral combined authority and devolve appropriate powers from central government.

The Councils having undertaken a governance review and published a Scheme conducted a public consultation on the establishment of a Combined Mayoral Authority for Greater Lincolnshire between the 27 June and 8 August. The report set out the results of that consultation.

The report also confirmed that an Order was currently being formulated by the Secretary of State. This would, subject to modifications, be based on the Scheme and the report detailed the main features of the Scheme. The report also gave details of the consultation exercise that had been undertaken and the Equalities Impact Analysis.

Resolved – (a) That the contents of the consultation report (detailed at Appendix 1) be noted; (b) That, in principle, consent be given on behalf of North Lincolnshire Council, as a constituent council of the proposed combined authority for the Greater Lincolnshire Area, to the making by the Secretary of State of an Order in accordance with the Scheme, subject to appropriate modifications:-

(i) for the establishment of a combined authority for the Greater Lincolnshire area pursuant to section 110 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA),
(ii) for the making of constitutional provisions in relation to the combined authority pursuant to section 104 of LDEDCA,
(iii) for the delegation to the combined authority of the transport functions of the Secretary of State and the other functions of public authorities pursuant sections 104 and 105A of LDEDCA,
(iv) for the functions of the Combined Authority as specified to be exercisable only by the mayor subject to the conditions and limitations specified pursuant to S107D of LDEDCA,
(v) for Chapter 1 Part 1 of the Localism Act 2011 to have effect in relation to the combined authority as it had in effect to a local authority,
(vi) for the Combined Authority to be treated as a levying body for the purpose of section 74 of the Local Government Finance Act 1988 in respect of expenses of the combined authority that are reasonably attributable to the exercise of any of its functions other than mayoral functions,
(vii) for the combined authority to be given power to borrow under section 1 of the Local Government Act 2003 for a purpose relevant to any of its functions;

c) that authority be delegated to the Head of Paid Service, in consultation with the Leader (and relevant Cabinet Member), to approve the giving of consent to the matters referred to in paragraph (b) above when the terms of the Order are known, and (d) that the Cabinet Member noted and had due regard to the Equalities Impact Analysis, set out at Appendix 2 to the report.