Decision Maker: Leader
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To agree a response to the Department of
Levelling Up, Housing and Communities on the Secretary of
State’s proposal to issue a Direction under Section 24 of the
Local Government and Public Involvement in Health Act, to enable
the newly elected Members of the Executive after May to have
oversight of expenditure by the District Councils prior to Vesting
Date on 1st April 2023
To respond favourably, in the following terms,
to the Department of Levelling Up, Housing and Communities on the
Secretary of State’s proposal to issue a Direction under
Section 24 of the Local Government and Public Involvement in Health
Act, to enable the newly elected Members of the Executive after May
to have oversight of expenditure by the District Councils prior to
Vesting Date on 1st April 2023:
Dear
Response to consultation on Proposed Draft Direction under Section
24 of the Local Government and Public Involvement in Health
Act
Thank you for your letter dated 17 March 2022 and we are grateful
for all the work that has been undertaken in passing the North
Yorkshire (Structural Changes) Order 2022.
I am further grateful for sight of the draft Directions which the
Secretary of State for Levelling Up, Housing and Communities is
minded to issue. I can confirm that the draft Direction and timing
seeks the right balance of ensuring the sovereignty of the District
Councils until Vesting Date, whilst giving the new unitary
authority councillors the ability to have oversight of potential
decisions that could benefit or burden the new authority after
Vesting Date.
The County Council will ensure that there is a meeting of the newly
elected Executive so that general consents and any specific
consents can be considered at or around 23 May 2022.
Currently all eight councils in North Yorkshire are working
collaboratively together and I believe that the Order will
strengthen the collaboration of the newly elected members with the
existing District and Borough Councils.
Kind regards
Carl
PLEASE NOTE that this decision has been exempted from call in by
the Chairman of the County Council under Overview and Scrutiny
Procedure Rule 16(h).
The Department of Levelling Up, Housing and
Communities has sought the views of the eight councils in North
Yorkshire with regards to the Secretary of State issuing a
Direction. The proposed Direction would give the requirement for
the newly elected Executive Members from 23rd May 2022 to give
approval for property disposals and contracts over the value of
£100,000 revenue and £1m capital for the District
Councils. The purpose of the Direction is to ensure that the
District Councils remain sovereign for their bodies until 1st April
2023, but allows the newly elected Executive to have a say on all
contracts, agreements and property disposals that could bind the
new unitary from 1st April 2023.
DLUHC has stated that they are minded to issue a Direction on the
above terms and has asked for a response by 4th April 2022. It is
considered appropriate to respond favourably to this approach for
the reasons set out by DLUHC. The draft Direction and timing seeks
the right balance of ensuring the sovereignty of the District
Councils until Vesting Date, whilst giving the new unitary
authority councillors the ability to have oversight of potential
decisions that could benefit or burden the new authority after
Vesting Date. It is believed that the Order will strengthen the
collaboration of the newly elected Members with the existing
District and Borough Councils.
The County Council could choose not to respond
to the consultation on the proposed Direction.
The County Council could choose to respond negatively to the
proposal or to ask for a delay in issuing the Direction.
As the actual decision to issue the Direction is a matter for the
Secretary of State and the proposed Direction seeks to balance the
needs of the new authority with the decision-making of the existing
authorities, it is considered appropriate to respond positively to
this proposal.
Publication date: 04/04/2022
Date of decision: 04/04/2022