Meeting documents

There were no declarations of interest.

There were no updates on current issues.

Cabinet considered a report which provided an update on the proposed creation of a new Unitary District Council. A working draft of the proposed Structural Changes Order and draft Modifications Regulations had been shared with the Leaders and Chief Executives. The content of the Structural Changes Order had been subject to informal consultation with the five local authorities and the Secretary of State had now made the decisions necessary to determine the content where agreement could not be reached between the authorities. A summary of the decisions made, as reflected in the draft Order, was considered.

Cabinet were asked to consider whether the Council should formally consent to the Secretary of State’s proposals in the draft Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016 and respond by the Government’s deadline of 10 January 2019 to comply with timescales for laying the necessary Statutory Instrument in Parliament.

RESOLVED:

1. Cabinet notes the current position in respect of the proposals for creation of a new single tier Unitary District Council in Buckinghamshire.

2. Cabinet do not consider the Structural Changes Order as currently drafted is in the best interests of the residents and businesses of Chiltern District and therefore do not consent to the Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016.

3. The Chief Executive in consultation with the Leader be authorised to finalise the Council’s formal response to the Ministry of Housing, Communities and Local Government. 

4. The Council takes legal advice on the draft Structural Changes Order and the Chief Executive in consultation with the Leader and Head of Legal & Democratic Services be authorised to deal with any consequential documents or correspondence arising from that advice.

Cabinet considered a report which provided an update on the proposed creation of a new Unitary District Council. A working draft of the proposed Structural Changes Order had been shared with the Leaders and Chief Executives. The content of the Structural Changes Order had been subject to informal consultation with the five local authorities and the Secretary of State had now made the decisions necessary to determine the content where agreement could not be reached between the authorities. A summary of the decisions made, as reflected in the draft Order, was considered.

Cabinet was asked to consider whether the Council should formally consent to the Secretary of State’s proposals in the draft Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016 and respond by the Government’s deadline of 10 January 2019 to comply with timescales for laying the necessary Statutory Instrument in Parliament.

The supplementary report detailed the effect of the proposed Modification Regulations and noted the two options the Secretary of State had under the 2016 Act. He must either have the consent of all Councils under subsection 4.

(4) Regulations under this section may be made only with the consent of the local authorities to whom the regulations apply (subject to subsection (5))

Or he could make regulations under subsection 5 in relation to structural or boundary provision which would require the consent of only one Council.

(5) Regulations under this section, so far as including structural or boundary provision in relation to a non-unitary district council area, may be made if at least one relevant local authority consents.

Cabinet was advised that the latter provision was time limited and would expire at the end of March 2019. This meant that if for any reason there was insufficient Parliamentary time to make the Order then it would not be possible to do so without the consent of all five Councils. Therefore Subsection (4) required the consent of all local authorities, whereas subsection (5) required the consent of just one. Subsection (5) expired at the end of March 2019 whilst Subsection (4) did not expire. Further detailed information could be seen in the supplementary report.

In addition to the decisions noted, Cabinet was advised that the draft order allowed for substitute Members to be nominated for each permanent member of the Shadow Executive. It was further understood that the Shadow Executive would be responsible for the appointment of Interim Officers after consultation with the Shadow Council; however the power to make the final decision was held by the Executive.

The Leader invited Cabinet to comment on the Secretary of State’s proposals. The key points raised by Cabinet were as below:

·       The proposals were not in the best interests of the residents and businesses of the Chiltern District. Following the Modernising Local Government announcement on 1 November 2018, the Council had agreed to work in partnership with the other Buckinghamshire Councils on the agreement that all would be treated fairly and equally, which the draft  ...  view the full minutes text for item 161.