North Yorkshire Council

 

Executive

 

31 March 2026

 

Delegation of Public Transport Duties

 

Report of the Corporate Director of Environment

 

1.0       PURPOSE OF REPORT

 

1.1         To note the report to the York and North Yorkshire Combined Authority (YNYCA) regarding arrangements for the future delegation of Local Transport Functions.

 

1.2         To receive a verbal update from officers regarding the decision of the YNYCA following its consideration of the report on 27 March.

 

1.3         To make any recommendations to the Council’s Chief Executive Officer as to the acceptance of any delegation of Local Transport Powers.

 

 

2.0       BACKGROUND        

 

2.1       Following the establishment of the YNYCA in 2024, Local Transport Functions which are used to deliver most of the public transport activity carried out by NYC were transferred to the YNYCA.

 

2.2       The bus powers were delegated to NYC in August 2024 to allow teams within the Environment Service to continue to deliver public transport functions such as provision of supported local bus services and the statutory concessionary travel scheme. The current delegation is due to expire on 31 March 2026.

 

2.3       It is understood that YNYCA will be considering a future delegation at its meeting on 27 March 2026. The report to the YNYCA can be found at Appendix A.

 

2.4       The timing of the YNYCA’s decision immediately proceeds the expiry of the existing delegation on 1 April 2026. Under his delegated decision-making powers in the Officers’ Delegation Scheme in the Council’s Constitution, the Chief Executive Officer has power, in cases of emergency, to take any decision which could be taken by the Council, the Executive or a committee. This report therefore seeks the views of Executive Members in relation to the YNYCA decision which can then be taken in account by the Council’s Chief Executive Officer when exercising his delegated decision powers in response to the YNYCA decision.

 

 

3.0       PUBLIC TRANSPORT DELIVERY FOR 2026/27

 

3.1       With only a small transport team in place at the Combined Authority, NYC and CYC officers are needed to carry out day-today local transport functions on behalf of the Combined Authority in the same way as has been done in 2024/25 and 2025/26. This will require the delegation of functions to be extended.

 

3.2       Since the establishment of the YNYCA, officers from NYC have worked with the Combined Authority and CYC colleagues to try to maintain a joined-up approach to the delivery of bus services as this is in the best interest of our residents and bus passengers.

 

3.3       YNYCA intend to carry out a Bus Services Delivery Review later this year. NYC officers will contribute to the review which will make recommendations for the longer-term delivery of bus powers from 2027/28 onwards.

 

4.0       ALTERNATIVE OPTIONS CONSIDERED

 

4.1       None are practical within current timescales. Extending the current delegation of Transport Functions will allow officers to carry out local bus activities on a BAU basis while a detailed review is undertaken and longer-term recommendation made.   

 

5.0       FINANCIAL IMPLICATIONS

 

51        There is budget in place to continue to provide this service. Bus Grant funding will be provided by the YNYCA to deliver the schemes set out in their Bus Grant Delivery Plan and no match funding from the Council is required. The Combined Authority have yet to confirm grant funding to NYC for 2026/27.

 

6.0       LEGAL IMPLICATIONS

 

6.1       In accordance with Section 101 of the Local Government Act 1972 and the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2012 a local authority and/or a Combined Authority may make arrangements, subject as provided therein, for the discharge of any of their functions by (inter alia) any other local authority.

 

6.2       By virtue of Article 13(3) of the York and North Yorkshire Combined Authority Order 2023 the functions specified in Parts 4 (local transport services) and 5 (financial provisions) of the Transport Act 1985 and Part 2 of the Transport Act 2000 are exercisable by the YNYCA (‘Local Transport Functions’)

 

6.3       If YNYCA make a decision, pursuant to section 101 of the Local Government Act 1972 Act, to extend the current delegation of the discharge of the Local Transport Functions (excluding S108, 109, S112 and 154 of the Transport Act 2000, which are decisions for the       Mayor) within the administrative area of North Yorkshire to NYC, and for the administrative area of the City of York to CYC the delegation will be subject to a section 101 Agreement between NYC, CYC and YNYCA.

 

6.4       The terms and conditions of the Grant have not yet been received. Once received, they will

be reviewed by Legal Services.  The grant funding will be administered in line with the Subsidy Control Act 2022, the Council’s Procurement and Contract Procedure Rules and where applicable the Procurement Act 2023

 

7.0       EQUALITIES IMPLICATIONS

 

7.1       Consideration has been given to the potential for any adverse equality impacts arising from this decision (see Appendix B). Extending the delegation of Transport Functions will allow officers to carry out BAU activities involving local bus services which are often relied on by older, disabled or lower income groups

 

 

 

 

 

8.0       CLIMATE CHANGE IMPLICATIONS

 

8.1       Consideration has been given to the potential for any adverse climate impacts arising from this decision and a Climate Change Impact Assessment (CCIA) has been undertaken. (Appendix C). Extending the delegation of Transport Functions will allow officers to carry out BAU activities involving local bus services which support travel by more sustainable modes and reduce greenhouse gas emissions from transport by reducing private car journeys.

 

9.0       REASONS FOR RECOMMENDATIONS

 

9.1       Accepting an extension to the current delegation of Transport Functions will allow officers to continue to carry out public transport activities for the benefit of residents and passengers while a detailed review is undertaken by YNYCA and longer-term recommendation made.

 

10.0

RECOMMENDATIONS        

 

10.1

Executive Members are asked to

(i)         note the contents of the YNYCA report

(ii)        to make recommendations to the Chief Executive Officer for his consideration when exercising his emergency delegated powers in response to the YNYCA decision relating to Local Transport Powers on 27 March 2026.

 

 

 

APPENDICES:

Appendix A - YNYCA Report

Appendix B - Equalities Impact Assessment

Appendix C - Climate Change Impact Assessment

 

 

BACKGROUND DOCUMENTS: None

 

 

Karl Battersby

Corporate Director – Environment

County Hall

Northallerton

02 April.2025

 

Report Author – Andy Clarke, Public and Community Transport Manager

Report Presenter Michael Leah, Assistant Director - Environment and Transport

 

 

Note: Members are invited to contact the author in advance of the meeting with any detailed queries or questions.