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Decision details

Consultation on a Proposed Draft Direction under Section 24 of the Local Government and Public Involvement in Health Act in the context of local government reorganisation

Decision Maker: Leader

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

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

Decision:

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).

Reasons for the decision:

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.

Alternative options considered:

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