Meeting documents

Councillors Gibbs and Sullivan declared a personal interest under the Code as Members of Buckinghamshire County Council.

Due to the requirement for any legal proceedings to be issued as a matter of urgency because the Regulations in question have already been laid in Parliament, an urgent decision was required by Cabinet to decide if the Council should participate in legal proceedings. As required by the Budget and Policy Framework Procedure Rules the Chairman of the Overview and Scrutiny Committee agreed that the decision to be taken by Cabinet was urgent and it was not practical to convene a quorate meeting of full Council.

The report provided an update on the proposed creation of a new District Unitary Council, following Cabinet’s decision on 9 January 2019 not to consent to the Secretary of State’s proposed Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016. Cabinet were asked to consider whether it was expedient for the promotion or protection of the interests of the inhabitants of South Bucks District to participate in legal proceedings for judicial review of the Secretary of State’s decisions in respect of the Modification Regulations and the Structural Changes Order, either alone or jointly with other District Councils which could be undertaken under section 222 of the Local Government Act 1972.

RESOLVED that:

Due to the requirement for any legal proceedings to be issued as a matter of urgency because the Regulations in question have already been laid in Parliament, an urgent decision was required by Cabinet to decide if the Council should participate in legal proceedings. As required by the Budget and Policy Framework Procedure Rules the Chairman of the Overview and Scrutiny Committee agreed that the decision to be taken by Cabinet was urgent and it was not practical to convene a quorate meeting of full Council.

The report provided an update on the proposed creation of a new Unitary District Council, following Cabinet’s decision on 9 January 2019 not to consent to the Secretary of State’s proposed Modification Regulations under section 15 of the Cities and Local Government Devolution Act. A letter confirming the Council did not consent to the making of the Modification Regulations was sent to the Secretary of State on 10 January 2019. It was noted that all four District Councils had decided not to consent, and the County Council had agreed conditional consent.

Legal advice on the Structural Changes Order had been obtained from leading counsel by Chiltern and Wycombe District Council. In view of counsel’s advice a letter was sent to the Secretary of State on 18 January 2019 by these two Councils as a preliminary step before legal proceedings and the Council had been sent a copy as an interested party. The letter expressed concern about the legality of the decision to lay the Modification Regulations in Parliament based on the conditional consent given by the County Council and without also laying the draft Structural Changes Order, as well as concerns about the recent changes to the proposed governance arrangement for the shadow authority and the lack of reasons for making these changes. As the Regulations had already been laid in Parliament and the Secretary of State intended to make them before 31 March 2019, any legal proceedings, associated documents and legal steps would need to be issued/undertaken with the utmost urgency.

It was noted that the sunset clause would take effect from the end of March if these Orders had not passed through the Parliamentary process. A sunset provision or clause was a measure within a statute, regulation or other law that provided that the law should cease to have effect after a specific date.

Cabinet were therefore asked to consider whether it was expedient for the promotion or protection of the interests of the inhabitants of South Bucks District to participate in legal proceedings for judicial review of the Secretary of State’s decisions in respect of the Modification Regulations and the Structural Changes Order, with other District Councils which could be undertaken under section 222 of the Local Government Act 1972.

There would be costs to participating in any legal proceedings and the recommendation was that this should be met from the General Reserve in accordance with the urgency provisions under the Budget and Policy Framework Procedure Rules. Members noted that if  ...  view the full minutes text for item 186.