Appendix 2
PROPOSED SCHEME FOR THE ESTABLISHMENT OF A COMBINED AUTHORITY
1. Establishment of Authority
It is proposed that the combined authority would come into existence on 1 April 2016 pursuant to Section 103 of the Local Democracy, Economic Development and Construction Act 2009 ("LDECA").
2. Name
The authority will be known as the Dorset Combined Authority.
3. Area
It would cover the whole of the local government areas of:
- Bournemouth Borough Council; - Dorset County Council; - Christchurch Borough Council - East Dorset District Council; - North Dorset District Council - Purbeck District Council - West Dorset District Council; - Weymouth and Portland Borough Council - Poole Borough Council.
The nine councils referred to above would be referred to as the "constituent councils".
4. Membership
4.1 The combined authority would be made up of ten members in total. Nine of these members will be appointed from the elected members of the nine constituent councils, Bournemouth Borough Council, Dorset County Council, the district and borough councils of Christchurch, East Dorset, North Dorset, Purbeck, West Dorset and Weymouth and Portland and Poole Borough Council. Each council will appoint one member.
4.2 The constituent councils shall each appoint another member to act as a member of the combined authority in the absence of the member appointed as described above – the substitute member
4.3 In addition to the nine members from the constituent councils, the Dorset Local Enterprise Partnership shall also nominate one of its members to be a member of the combined authority and shall also nominate a substitute member, who will be appointed by the Combined Authority [as a non-constituent member]. Appendix 2
4.4 As the economic transformation of the area depends on strong governance, there is an expectation that each constituent council would appoint its Leader (or person carrying equivalent responsibility if no leader exists) or elected mayor (if such a position exists) to the combined authority. In the case of the local enterprise partnership, the expectation is that the Chairman would be nominated / appointed. This provides for decision making at the highest level and sets the strategic direction of the combined authority.
4.5 Where a member of the combined authority ceases to be a member of their local authority or local enterprise partnership, they would also cease to be a member of the combined authority and a replacement member would be appointed by the local authority or nominated by the local enterprise partnership as soon as possible.
4.6 A local authority or local enterprise partnership may at any time terminate the appointment of a member or a substitute member appointed by it to the combined authority and appoint or nominate a replacement who shall be notified in writing to the combined authority as soon as practicable after the appointment or nomination
4.7 Members of the combined authority would not be paid for the work they undertake for the authority. However, they may receive standard allowances for travel and subsistence.
5. Chairman and Vice Chairman 5.1 At the first meeting of the combined authority a Chairman and Vice-chairman would be appointed from amongst its Members.
5.2 The first item on the agenda at the Annual Meeting of the Combined Authority will be the election of the Chairman and Vice Chairman, [and incumbents will be eligible for re-election].
5.3 When the Chairman is present he will chair the meeting. When the Chairman is absent the Vice Chair will chair the meeting. When both Chairman and Vice Chairman are absent the members will elect one of the members present to preside.
5.4 If a person ceases to be a member of the Combined Authority they will also cease to be the Chairman or Vice Chairman, and any vacancy will be filled at the next meeting of the Combined Authority, provided that the vacancy arises at least 14 days before the next meeting in which case the vacancy will be filled at the following meeting.
6 Voting
6.1 Except where specified in paragraph 5.3, members of the combined authority shall each have a single un-weighted vote and decisions will be by a majority of those present and voting. The Chairman would not have a second or casting vote. In the event of an equality of votes the motion shall be declared as not having been carried. The quorum will be X. Appendix 2
6.2 Members from the local enterprise partnership will be non-voting members but may be given voting rights on certain issues should the constituent council members of the combined authority resolve to grant these.
6.3 The transport levy will be voted on only by members of constituent councils with transport authority responsibilities and will require unanimous support of the voting constituent councils.
6.4 The following decisions will require the unanimous support of the constituent council members: The determination and review of transitional arrangements relating to transport The adoption of a non-statutory joint strategy to provide the context for each Planning Authority’s local plan Approval of the Combined Authority's annual budget and capital budget Approval of borrowing limits and the Treasury Management Strategy Future expansion of Combined Authority functions
6.5 The combined authority will be subject to the revised Transparency Code and to the provisions on openness and access to meetings of local government bodies in the Local Audit and Accountability Act 2014. Proceedings are not invalidated by any vacancy amongst its members or by any defect in the appointment or qualification of any member.
7. Executive Arrangements
Executive arrangements (with the meaning of the Local Government Act 2000) shall not apply to the CA. However the discharge of the functions of the CA will be subject to scrutiny arrangements set out in section 9.
8 Funding
8.1 Functions other than transport:
The costs of the combined authority in relation to the exercise of its economic development and regeneration functions and ancillary functions, along with all start- up costs will be met by the constituent councils. These costs will be apportioned between the constituent councils in such proportions as they may agree or, in default of such agreement, on a per capita (population) basis, with the share for the area covered by Dorset County Council being apportioned between Dorset County Council and the constituent Borough or District Councils in proportion to their population.
The calculation of per capita payments will be recalculated at five yearly intervals and for the first five years of operation of the Combined Authority the per capita proportions will be: Appendix 2
Bournemouth Borough Council: 25.02% Poole Borough Council: 19.75% Dorset County Council: 27.62% Christchurch Borough Council: 3.21% East Dorset District Council: 5.83% North Dorset District Council: 4.63% Purbeck District Council: 3.01% West Dorset District Council: 6.63% Weymouth and Portland Borough Council: 4.32%
8.2 Transport:
Section 74 of the Local Government Act 1998 allows for a combined authority to be given power to issue a levy in respect of its expenses relating to its transport functions. The amount to be raised by the levy would be apportioned to the constituent local councils with transport responsibilities (Bournemouth Borough Council, Dorset County Council and Poole Borough Council) by population size. These levies, as all levies, will be subject to the provisions on council tax referendums in the Localism Act 2011 and the Local Audit and Accountability Act 2014.
Functions
8.3 The primary focus of the combined authority is to manage a significant programme of investment in transport and economic infrastructure, and to influence and align with Government investment, in order to drive economic growth. In pursuit of this the Combined Authority will have the following powers in relation to Strategic Economic Development and Transport. These powers will be exercised concurrently by the Combined Authority and the Constituent Authorities
8.4 Economic development:
The combined authority would have powers that would allow it to drive strategic economic growth across the functional economic area. It will focus on strategic economic issues such as:
• Setting the strategic economic vision, outcomes and aligning strategic priorities for the area, working closely with the LEP. This includes: - setting the economic strategy for the area; - setting the long-term strategic plan for housing and regeneration investment to support economic growth.
• Co-ordinating the international economic strategy for the area to cover inward investment trade and export;
• Co-ordinating the inward investment strategy and activity across the area; Appendix 2
• Agreeing an integrated growth plan and investment strategy to deliver the strategic economic vision and outcomes;
• Making decisions with regard to the Dorset Region Investment Framework to include the Single Local Growth Fund European funding and Growing Places Fund, along with any similar national or European funds that be made available in the future ;
• Setting the long-term Employment and Skills Strategy and priorities for the labour market;
• Setting the long-term strategic vision for housing and regeneration investment to support economic growth, including the development of a non-statutory joint strategy to provide the context for each Planning Authority’s local plan and a long- term investment strategy as part of the Single Local Growth Plan;
• Executing councils’ Duty to Cooperate
• Acting as the accountable body for a range of devolved funding;
• Acting as the employer for the Growth Unit of directly employed staff and procurer of consultant/ specialists: and
• Developing a strategic pipeline of priorities to attract financial and wider support to the area.
8.5 General power of combined authority:
The combined authority would have a ‘function related power of competence’ provided to them under Chapter 3 of Part 1 of the Localism Act 2011.
[Plus other requested powers (i.e. General Power of Competence and ‘Specified Body’ status]
9. Scrutiny arrangements
9.1 The constituent authorities of the combined authority will establish joint overview and scrutiny arrangements to exercise scrutiny functions over the combined authority and any sub-boards and structures.
9.2 Each constituent authority will appoint two elected members to the joint Overview and Scrutiny Committee. Members appointed to the Combined Authority may not also be appointed to the Overview and Scrutiny Committee. The quorum of the Overview and Scrutiny will be 8, which must include representatives of six of the Appendix 2
nine constituent councils. Membership of the Overview and Scrutiny Committee must have regard to political proportionality rules.
9.3 The Overview and Scrutiny Committee will have to power to: Require Combined Authority members to attend and answer questions Invite others to attend meetings or provide evidence Review or scrutinise decisions, actions or inaction of the Combined Authority Make reports or recommendations to the Combined Authority Require that a decision that has not been implemented be reconsidered (‘Call in’? TBC) Publish reports and require responses from the Combined Authority
9.4 The joint Overview and Scrutiny Committee may appoint sub-committees to deal with matters within its remit.
10 Internal scheme of delegation
The combined authority may establish sub-structures and sub-committees and delegate powers and functions where appropriate under the provisions of s101 of the LGA 1972.