Decision details

Granting consent for the York and North Yorkshire Combined Authority Order 2023

Decision Maker: Chief Executive Officer

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

The Chief Executive Officer in consultation with the Leader of the Council has granted consent to the making of the York and North Yorkshire Combined Authority Order 2023.
If an executive decision, was it also a key decision? NO (decision was already on the Forward Plan for Devolution for the Executive on 14th February 2023 and Council on 22nd February 2023)

In the attached report, paragraph 2.4 provides that the wording of the Order was confidential until it was laid before Parliament. The Order has now been laid before Parliament and a copy of the Order can be found at:

The York and North Yorkshire Combined Authority Order 2023 (legislation.gov.uk)

https://www.legislation.gov.uk/ukdsi/2023/9780348253252/contents

Reasons for the decision:

At its meeting of 22nd February 2023, Council considered a report relating to the proposed creation of the York and North Yorkshire Combined Authority.
Council agreed to:
i) approve the submission of the Consultation Summary Report to the Government;
ii) approve amendments to the Scheme and proposals for the operating model of the Combined Authority for submission to the Government;
iii) delegated authority to the Chief Executive Officer, in consultation with the Leader of the Council, to undertake any action necessary to submit the Consultation Summary Report and Scheme to Government;
iv) approved Amendments to the Terms of Reference for the York and North Yorkshire Joint Devolution Committee outlined in the report; and
v) delegated authority to the Chief Executive Officer, in consultation with the Leader of the Council, to undertake any action necessary to provide consent to the Order facilitating the creation of the Combined Authority in line with the scheme submitted to Government, as outlined in the report. Full details can be found in the attached report from the Assistant Chief Executive Legal and Democratic Services.
Approvals i) to iv) were actioned in the period immediately following the Council decision. The Council has now been asked to provide its formal consent to the making of the Order in Parliament, requiring a decision by the Chief Executive Officer under approval v) above.
The Chief Executive Officer, in consultation with the Leader, has considered the request submitted by the Department for Levelling Up, Housing and Communities, together with the draft Order, and has concluded that it is appropriate to exercise his delegated authority. Approval to the use of such delegated authority has been given by the Leader.
As a consequence, the Chief Executive Officer has decided to exercise his delegated authority and to consent to the making of the Order before Parliament.

Alternative options considered:

Alternative options that were considered:
1.Refusing consent to the making of the Order. This was rejected on the basis that it goes against the Council decision on 22nd February 2023. This would result in a consequent loss of significant additional regional funding and opportunity.
2.Suggesting amendments to the Order. This was rejected on the basis that the Order uses standard wording for such Orders and Civil Servants have been working with officers from both Councils to ensure the wording reflects the Devolution Deal. Therefore any delay or amendments to the Order would create unnecessary delay to the creation of the Combined Authority.

Publication date: 03/11/2023

Date of decision: 03/11/2023