Archived decisions

Contact: Kevin Gardner, Head of Legal Practice, ext 7381

1. Summary

1.1 The following decision is sought:

That approval is given to the continuation of Highways Agency Arrangements with District Councils in Hampshire, on the terms set out in the letter from the Head of Corporate and Legal Services dated 30^th August 2001( Appendix A), further to Section 19 Local Government Act 2000.

2 Reason

2.1 The County Council has previously entered into legal agreements with various district councils in Hampshire giving those district councils delegated authority to discharge the County Council's functions in respect of maintenance of the Highway Network in their areas.

2.2 In so far as these arrangements are made under Section 101 Local Government Act 1972, they are affected by the Local Authorities (Executive Arrangements) (Modification of Enactments and Further Provisions) (England) Order 2001, which has made certain changes to Section 101 of the Local Government Act 1972. The effect is that the Agreements referred to ceased to have effect upon the County Council commencing operation of Executive Arrangements. It is necessary therefore for the County Council's Executive to consider whether the arrangements referred to should be continued.

2.3 On 17 July 2001, Policy and Resources Committee recommended that the Executive, from 1^st September 2001, negotiates the temporary continuation of existing arrangements pending negotiations regarding the implementation of the "Blueprint" proposals for network management.

2.4 Discussions with district councils regarding the implementation of the "Blueprint" proposals are continuing, and a report will be brought to the Executive at the appropriate time. With regard to the interim position, the Head of Corporate and Legal Services wrote to agent district councils by letter dated 30^th August 2001. A copy of this letter is enclosed as Appendix A. This letter sets out the basis of the interim arrangements, namely that current operational activities delegated to district councils under existing agency arrangements should continue to operate from 1^st September 2001 until such time as the County Council adopts revised arrangements following and in line with the Council's Best Value Review of the Highways Network. One change from the existing arrangements is that the provision in agency agreements requiring two years' notice of intention to terminate the arrangements no longer applies. As stated in the penultimate paragraph of the letter, the Executive Member for Environment is being asked to ratify these interim arrangements.

3. Other Options considered and rejected:

While it is the County Council's intention to end agency arrangements and assume direct responsibility for network management, this is intended to take effect from future dates to be determined, not later than 2004. Continuation of existing arrangements on the terms described, on a temporary basis, will enable direct responsibility to be assumed in a planned way.

4. Conflicts of Interest declared by the decision maker or a member or officer consulted

- not applicable

5. Dispensation granted by the Standards Committee - not applicable

6. Reason(s) for the matter being dealt with if urgent - not applicable

Approved by: Date:

Keith B Estlin

1. Background

1.1