(Public Pack)Agenda Document for Greater Manchester Combined
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Public Document Pack GREATER MANCHESTER COMBINED AUTHORITY DATE: Monday, 7th October, 2019 TIME: 12.00 pm VENUE: Boardroom, GMCA Offices, Churchgate House, 56 Street, Manchester, M1 6EU AGENDA 1. APOLOGIES 2. CHAIR'S ANNOUNCEMENTS AND URGENT BUSINESS 3. DECLARATIONS OF INTEREST To receive declarations of interest in any item for discussion at the meeting. A blank form for declaring interests has been circulated with the agenda; please ensure that this is returned to the Governance & Scrutiny Officer at the start of the meeting. 4. BUS REFORM - AUDIT AND CONSULTATION Report of Eamonn Boylan, Chief Executive Officer, GMCA & TfGM. For copies of papers and further information regarding this meeting please refer to the website www.greatermanchester-ca.gov.uk. Alternatively, contact the following Governance & Scrutiny Officer: Sylvia Welsh 0161 778 7009 [email protected] This agenda was issued on 27 September 2019 on behalf of Julie Connor, Secretary to the Greater Manchester Combined Authority, Churchgate House, 56 Oxford Street, Manchester M1 6EU Membership 2019/20 District Member Substitute Member Bolton David Greenhalgh (Con) Martyn Cox Con) Bury David Taylor (Lab) Andrea Simpson (Lab) Manchester Richard Leese (Lab) Sue Murphy (Lab) Oldham Sean Fielding (Lab) Arooj Shah (Lab) Rochdale Allen Brett (Lab) Sara Rowbotham (Lab) Salford Paul Dennett (Lab) John Merry (Lab) Stockport Elise Wilson (Lab) Tom McGee (Lab) Tameside Brenda Warrington (Lab) Bill FairFoull (Lab) Trafford Andrew Western (Lab) Catherine Hynes (Lab) Wigan David Molyneux (Lab) Keith Cunliffe (Lab) GMCA Meeting on 7 October 2019 Declaration of Councillors’ interests in items appearing on the agenda NAME: ______________________________ Nature of Interest Type of Interest Personal / Prejudicial / Disclosable Pecuniary Personal / Prejudicial / Page 1 Disclosable Pecuniary Personal / Prejudicial / Disclosable Pecuniary Personal / Prejudicial / Disclosable Pecuniary Agenda Item 3 PLEASE NOTE SHOULD YOU HAVE A PERSONAL INTEREST THAT IS PREJUDICIAL IN AN ITEM ON THE AGENDA, YOU SHOULD LEAVE THE ROOM FOR THE DURATION OF THE DISCUSSION & THE VOTING THEREON. 1 QUICK GUIDE TO DECLARING INTERESTS AT GMCA MEETINGS This is a summary of the rules around declaring interests at meetings. It does not replace the Member’s Code of Conduct, the full description can be found in the GMCA’s constitution Part 7A. Your personal interests must be registered on the GMCA’s Annual Register within 28 days of your appointment onto a GMCA committee and any changes to these interests must notified within 28 days. Personal interests that should be on the register include: Bodies to which you have been appointed by the GMCA Your membership of bodies exercising functions of a public nature, including charities, societies, political parties or trade unions. You are also legally bound to disclose the following information called DISCLOSABLE PERSONAL INTERESTS which includes: You, and your partner’s business interests (eg employment, trade, profession, contracts, or any company with which you are associated) You and your partner’s wider financial interests (eg trust funds, investments, and assets including land and property). Any sponsorship you receive. Page 2 FAILURE TO DISCLOSE THIS INFORMATION IS A CRIMINAL OFFENCE STEP ONE: ESTABLISH WHETHER YOU HAVE AN INTEREST IN THE BUSINESS OF THE AGENDA If the answer to that question is ‘No’ – then that is the end of the matter. If the answer is ‘Yes’ or Very Likely’ then you must go on to consider if that personal interest can be construed as being a prejudicial interest. STEP TWO: DETERMINING IF YOUR INTEREST PREJUDICIAL? A personal interest becomes a prejudicial interest: where the well being, or financial position of you, your partner, members of your family, or people with whom you have a close association (people who are more than just an acquaintance) are likely to be affected by the business of the meeting more than it would affect most people in the area. the interest is one which a member of the public with knowledge of the relevant facts would reasonably regard as so significant that it is likely to prejudice your judgement of the public interest. 2 FOR A NON PREJUDICIAL INTEREST FOR PREJUDICIAL INTERESTS YOU MUST YOU MUST Notify the governance officer Notify the governance officer for the meeting as soon as you realise you have a prejudicial interest (before or during for the meeting as soon as you the meeting) realise you have an interest Inform the meeting that you have a prejudicial interest and the nature of the interest Inform the meeting that you Fill in the declarations of interest form have a personal interest and the nature of the interest Leave the meeting while that item of business is discussed Fill in the declarations of Make sure the interest is recorded on your annual register of interests form if it relates to you or your partner’s interest form business or financial affairs. If it is not on the Register update it within 28 days of the interest becoming apparent. TO NOTE: YOU MUST NOT: You may remain in the room participate in any discussion of the business at the meeting, or if you become aware of your disclosable pecuniary Page 3 and speak and vote on the interest during the meeting participate further in any discussion of the business, matter participate in any vote or further vote taken on the matter at the meeting If your interest relates to a body to which the GMCA has appointed you to you only have to inform the meeting of that interest if you speak on the matter. 3 Page 4 4 Agenda Item 4 Date: 07 October 2019 Subject: Bus Reform : Audit & Consultation Repor Report of: Eamonn Boylan, Chief Executive Officer, GMCA & TfGM PURPOSE OF REPORT This report sets out and explains the recommendation to the GMCA to approve proceeding to the next stage in the consideration of a proposed franchising scheme, following on from the work undertaken in connection with bus reform. The proposed recommendations and associated next steps in accordance with the Transport Act 2000 (as amended by Bus Services Act 2017) (“the Act”) are also set out in this report. RECOMMENDATIONS: Members are requested to: i. Note the contents of this report; ii. Note the contents of the report from the independent auditor dated 26th September which was prepared in accordance with section 123D of the Act; iii. Note that the independent auditor’s report is an opinion on the assessment of a proposed franchising scheme previously reviewed by Members in June 2019; iv. Approve the publication of the independent auditor’s report and the assessment supplied to the independent auditor; v. Note that minor typographical amendments will be attached to the assessment; vi. Approve the amended Proposed Franchising Scheme as set out in Appendix 1.2; vii. Approve the preferred funding scenario for the proposed franchising scheme; viii. Note mitigating responses to a downside risk scenario as set out in Section 6; Page 5 ix. Agree to proceed with the proposed franchising scheme by undertaking a consultation in accordance with section 123E of the Act, which would commence on 14 October 2019 and end on 8 January 2020, and to agree the funding for the consultation as set out in paragraph 6.16 of this report; x. Approve the publication of a notice of the proposed scheme in accordance with section 123E(2)(d) of the Act; xi. Instruct TfGM to carry out all tasks necessary to carry out that consultation on its behalf; and xii. Note that a further report will be made to the GMCA on the outcome of the consultation. CONTACT OFFICERS: Eamonn Boylan Chief Executive, TfGM and GMCA 07875 990000 Treasurer - Greater Manchester Combined Richard Paver 0161 778 7004 Authority Liz Treacy GMCA Solicitor and Monitoring Officer 7951 50 Appendices 1. Draft Proposed Franchising Scheme i June 2019 ii as amended September 2019 2. Report of Independent Auditor 3. Observations of Independent Auditor 4. Response to observations of Independent Auditor 5. Draft Equality Impact Assessment on the proposed scheme 6. Notice of Proposed Franchising Scheme BACKGROUND PAPERS: o Report of the GMCA titled Bus Services Act 2017, dated 30 June 2017 o Report of the GMCA titled Bus Reform Objectives Update, dated 25 May 2018 o Report of the GMCA titled Bus Reform, dated 27 July 2018 o Report of the GMCA titled Transport Revenue Budget 2019/20, dated 15 February 2019 o Part A Report of the GMCA titled Bus Reform Update, dated 28 June 2019 Final 27.9.19 Page 6 1 INTRODUCTION 1.1 On the 30 June 2017, the GMCA decided to use the new powers set out in the Act to prepare an assessment of a proposed franchising scheme. 1.2 On 28 June 2019 and upon completion of the assessment, the GMCA decided to proceed to the next stage in the development of the proposed scheme by agreeing to instruct an independent auditor to prepare a report in accordance with section 123D of the Act. 1.3 Following the completion of this process and upon receipt of the auditor’s report, this report sets out the outcome of the auditor’s report and recommends proceeding with the proposed scheme by undertaking a consultation in accordance with section 123E of the Act. 2. BACKGROUND 2.1 Members will recall the work undertaken by TfGM to prepare an assessment of a proposed franchising scheme and how the GMCA’s Vision for Bus, as set out in the Greater Manchester Transport Strategy 2040, has been considered and applied in the assessment. 2.2 The draft franchising scheme is attached at Appendix 1. Appendix 1.1 attaches the Scheme provided to the Auditor in June following the CA decision; Appendix 1.2 is an updated version identifying various minor amendments which will be included in the consultation documents.