On 11 March 2020, the Chancellor announced a “minded to” Mayoral Devolution Deal for the West Yorkshire area. A report submitted to Executive on 24 March outlined the details of the devolution deal, its benefits for Bradford District, its people and its businesses and set out the required next steps.

The proposed changes to the governance arrangements required for implementation of the deal were reported to Executive on 19 May.

Subsequently, decisions were made which:

- endorsed the “minded to” deal on behalf of Bradford District,

- approved a statutory review to be undertaken jointly with the other West      Yorkshire Councils and the Combined Authority,

- provided for a draft Governance scheme to be consulted on in June and July 2020,

- agreed to submit a summary of the responses to the Secretary of State for Communities,

- agreed in principle to the draft Order to establish a mayoral combined authority,

- delegated authority to the Managing Director of the Combined Authority, in consultation  with the Leader and Chief Executive of CBMDC and the other Constituent Councils and the Chair of the Combined Authority, to finalise and consent to the final draft of the Order.

The statutory instrument to establish the mayoral combined authority was approved on 29^th January 2021. The report of the Chief Executive

(Document “DQ”) concerns the Protocol to be agreed by the Combined Authority and the Constituent Councils regarding the exercise of concurrent functions and statutory consents.

Recommended -

Executive is requested to:

(1)          Consider the draft Protocol on Concurrent Functions and Associated Statutory Consents attached as Appendix 1 to Document DQ, and either agree it as drafted or seek the amendments suggested or other amendments;

(2)          Delegate authority to the Chief Executive, in consultation with the Leader, to agree any subsequent changes to the Protocol.

 (Corporate Overview & Scrutiny Committee)

                                                (Michael Bowness - 07582 103658)

It was noted that the following report had not been included on the published Forward Plan as an issue for consideration owing to the receipt of the Protocol from the Mayoral Combined Authority on 7^th February with a request for it to be considered by Constituent Councils in March. Although not legally binding it would apply to the exercise of functions by the MCA. As it was impractical to defer the decision until it has been included in the published Forward Plan the report was submitted in accordance with paragraph 10 of the Executive Procedure Rules set out in the Council’s Constitution.

Members were advised that on 11 March 2020, the Chancellor announced a “minded to” Mayoral Devolution Deal for the West Yorkshire area. A report submitted to Executive on 24 March outlined the details of the devolution deal, its benefits for Bradford District, its people and its businesses and set out the required next steps.

The proposed changes to the governance arrangements required for implementation of the deal were reported to Executive on 19 May.

Subsequently, decisions were made which:

- endorsed the “minded to” deal on behalf of Bradford District,

- approved a statutory review to be undertaken jointly with the other West Yorkshire Councils and the Combined Authority,

- provided for a draft Governance scheme to be consulted on in June and July 2020,

- agreed to submit a summary of the responses to the Secretary of State for Communities,

- agreed in principle to the draft Order to establish a mayoral combined authority,

- delegated authority to the Managing Director of the Combined Authority, in consultation  with the Leader and Chief Executive of CBMDC and the other Constituent Councils and the Chair of the Combined Authority, to finalise and consent to the final draft of the Order.

The statutory instrument to establish the mayoral combined authority was approved on 29^th January 2021. The report of the Chief Executive

(Document “DQ”) concerned the Protocol to be agreed by the Combined Authority and the Constituent Councils regarding the exercise of concurrent functions and statutory consents.

The City Solicitor advised members that under the 2021 Order, there was 

·         no transfer of any Concurrent Function to the MCA from any Constituent Council; each Constituent Council may continue to exercise any Concurrent Function in relation to its area,

·         no requirement for the joint exercise of any Concurrent Function by the Combined Authority with Constituent Councils – that is, that they are not required to act together, and

·         no requirement for a Constituent Council to involve, consult or seek the consent of the Combined Authority in relation to the exercise of any Concurrent Function by a Constituent Council.

 The Protocol sought to establish the rules under which the MCA will exercise

 concurrent powers and seek statutory consents. It dealt with the period

 of notice to be given to Constituent Councils prior to their exercise by the

 MCA. Appendix 1 to Document “DQ” was the latest MCA officer draft

 which had been approved by officers of the other West Yorkshire Constituent

 Councils, but omitted amendments sought by CBMDC. The draft would be

 submitted to the other Constituent Councils in March for approval through

 their Executives prior to its consideration by the MCA.

The amendments suggested by CBMDC were set out in paragraph 3.4 of

Document “DQ”

Resolved -

(1)          That the draft Protocol on Concurrent Functions and Associated Statutory Consents attached as Appendix 1 to Document DQ was considered, and it was agreed to seek the amendments suggested.

(2)          That authority be delegated to the Chief Executive, in consultation with the Leader, to agree any subsequent changes to the Protocol.

Corporate Overview & Scrutiny Committee

ACTION: Chief Executive