Archived decisions

PARTNERSHIP FOR URBAN SOUTH HAMPSHIRE GOVERNANCE ARRANGEMENTS - AMENDMENT TO THE CONSTITUTION

    1. On 25 June 2007, the Cabinet considered and approved proposals for a formal joint committee arrangement between the County Council, Southampton and Portsmouth City Councils, East Hampshire, Eastleigh, Fareham, Gosport, Havant, New Forest, Test Valley and Winchester District/Borough Councils ("the PUSH Authorities"). This new arrangement replaces the former voluntary Partnership for Urban South Hampshire, ("PUSH") and is intended to deliver accountability and transparency of decision-making, and allows for the partnership to play a fully effective part in the development of South Hampshire.

    2. The Joint Committee established under the Local Government Act will have delegated authority to discharge such functions of the Executive as are necessary to implement the Business Plan for PUSH, subject to the plan being approved annually by the County Council. The broad structure and functions of the Joint Committee are set out in Appendices 1 and 2 to this report. A copy of the Cabinet report together with the draft legal agreement has been placed in the Members' Rooms.

    3. The Cabinet also approved the following:

    · that the Leader be appointed as the County Council's representative on the Joint Committee or, in the event that the Leader is unable to attend, such other member of the Executive as is nominated by the Leader, and

    · authorised the Leader to finalise the detail of the joint arrangements in consultation with the Director of Environment and the Chief Executive on the basis set out in the appendices

RECOMMENDATIONS

1. That the County Council approves the joint arrangements referred to in the paragraphs above and the establishment of an Overview and Scrutiny Committee, as part of these arrangements, with authority to carry out overview and scrutiny functions in relation to the matters delegated to the Joint Committee.

2. That the County Council approves the appointment of a non-executive member as its representative on the Overview and Scrutiny Committee, and a second non-executive member to serve as deputy member in their absence.

3. That authority is given to the Chief Executive, in consultation with the Leader and Director of Environment, to finalise the detail of the joint arrangements in relation to the Overview and Scrutiny Committee, on the basis set out in the appendices.

4. That Paragraph I: Chapter 6, paragraph 6.3 (Policy Review (Overview and Scrutiny) Committees) of the Constitution be amended by the addition of the following:

Committee

Scope

Partnership for Urban South Hampshire

Functions delegated to the Partnership for South Hampshire Executive Joint Committee

5. That Part I: Chapter 11, paragraph 11.1 (Statutory Joint Committees) of the Constitution be amended by the addition of the following:

Statutory Joint Committees

Reporting to

Partnership for Urban South Hampshire

Cabinet

T. K. THORNBER, C.B.E.,

Leader.

APPENDIX 1

Issues and Preferred Options

This table integrates the issues and options considered at the PUSH Leaders' and Chief Executives' meeting on 27 March and at the PUSH Leaders' Workshop on 21 May. All agreed by the PUSH Leaders' and Chief Executives' meeting on 7 June.

Under these proposals, power to call-in decisions by the Joint Committee rests with the Overview and Scrutiny Committee, which would be able to refer decisions back to individual authorities only where these were held to be contrary to the approved business plan.

If individual authorities wish to revoke the delegation of functions to PUSH, their opportunity would be when annually considering the PUSH Business Plan.

ISSUES

PREFERRED OPTION/APPROACH

COMMENTS ON OPTIONS

1. Precise functions that should be delegated to the Joint Committee.

Delegation of all relevant functions subject to these being discharged in accordance with a business plan and budget approved annually by each member authority.

Specific Functions are listed in Appendix 2.

2. How decisions are made by the Joint Committee on the exercise of the functions delegated.

Each authority has one representative on the joint committee and each representative has a vote. A simple majority is required, but must include the representatives of Hampshire County Council, Portsmouth City Council and Southampton City Council.

Each authority will nominate a member to the joint committee, normally expected to be the Leader, and also nominate a deputy to attend when the main nominee is unavailable. Other substitutes would not normally be acceptable.

The Chairman and Vice-Chairman duties should be shared so that one is from a borough or district and the other is from the County or one of the Unitary Authorities.

Only the nominated members will have a vote. The Joint Committee may co-opt non-voting members (such as representatives from SEEDA, GOSE, SEERA, business and other key sub-regional agencies). Others may be invited to meetings (eg for specific agenda items) but would not have voting rights nor be treated in the same way as co-optees.

3. Liabilities

If the liability arises out of the action or inaction of one and only one authority, then that authority would be liable. Otherwise, liabilities will be met pro rata the budget formulation.

 

4. Performance Management

Dedicated officer support will be performance managed by the Chief Executives' Working Group.

  

5. The right of withdrawal and consequences, particularly how this affects funding of current commitments and liabilities

Any party can withdraw from the partnership at the end of a financial year provided at least six months' notice is given.

 

6. How to exercise Overview and Scrutiny functions in respect of Joint Committee decisions, including call-in.

Establish one central Overview and Scrutiny Committee with delegated functions to scrutinise and call-in Joint Committee decisions.

Each member authority will nominate a Scrutiny Committee member of their choice.

Nominees (and nominated deputies) to the Overview and Scrutiny Committee should be non-executive members of respective authorities

6.1. Is the Overview and Scrutiny Committee to be pro-active or re-active, and what are the consequences of each approach?

(b) Reactive: meeting either periodically (quarterly or less frequently) or only after a Joint Committee where an item is called in to offer comments on that issue.

The Overview and Scrutiny Committee's activities should be focused on Business Plan delivery. The Committee should meet infrequently, eg once to form the committee, annually in relation to business plan proposal / approval, and otherwise for call-in matters as necessary.

6.2. Composition of the Overview and Scrutiny Committee - is there to be a representative from each member authority of PUSH, and if the Committee is to be politically proportioned, who is to decide how that proportionality is allocated?

(a) Representation:

One member nominated by each authority

(b) Proportionality:

Not politically proportioned

  

6.3 Where a decision is called-in by a member authority, what is the process for that, and may a decision be called-in by one authority acting on its own, or are there to be other arrangements?

Call-in may be triggered by two or more Committee members/authorities.

Compromise agreed. Any two members could trigger call-in: no special privileges for the Chairman.

6.4 Where a decision is called-in, what is the role of the scrutiny committee in considering that - is the decision to be referred either to member authorities and/or to simply be referred for reconsideration by the Joint Committee?

(a) Role of Overview and Scrutiny Committee

· To review decisions and refer back to Joint Committee with comments for reconsideration; and

· To have the option of referring back to individual authorities any decisions that are contrary to the approved business plan.

(b) Remit of Overview and Scrutiny Committee

To call in decisions by the Joint Committee only where the decision relates to actions or budgetary commitments not covered by the approved Business Plan

There seemed consensus around the suggestion that whilst the Overview and Scrutiny Committee could have the reserved right to call in any decision, it should concentrate on any departures from the approved Business Plan. If the Overview and Scrutiny Committee disagreed with a decision of the Joint Committee, but the decision is in accordance with the approved business plan, they could ask the Joint Committee to reconsider. The matter could be referred back to parent authorities (by the Overview and Scrutiny Committee) for decision if the decision was contrary to the approved business plan (and where the Overview and Scrutiny Committee disagreed with the decision). The Monitoring Officer would be empowered to determine whether or not actions accorded with the business plan.

6.3. Election of Overview and Scrutiny Committee Chairman

Overview and Scrutiny Chairman and Vice-Chairman should be elected by the Committee.

Agreement that the arrangements for Overview and Scrutiny Committee Chairman and Vice-Chairman should be the opposite of whatever is the arrangement in the Joint Committee

7. Procedure for Urgent Business

Relevant papers should be cleared by the Chairman and Vice Chairman of the Joint Committee and the Chairman of the Officer Working Group; final papers should be copied to the Chairman and Vice Chairman of the Overview and Scrutiny Committee.

This arrangement is likely to be covered by a protocol.

APPENDIX 2

Specific Functions that could be delegated by councils to the PUSH Joint Committee

This table presents an indicative list of functions to be delegated to the PUSH Joint Committee.

FUNCTION

INDICATIVE SCOPE OF DELEGATION

Generic Functions

  

Business Planning and Partnership Development

· Development, performance management, monitoring and evaluation of the PUSH business plan and its implementation.

· Ongoing monitoring of key indicators.

· Development, design and negotiation of longer-term delivery arrangements for the South Hampshire sub-regional strategy.

· Engagement of other sectors and partners at the strategic level to support delivery of the business plan and PUSH strategy.

Information, studies and analysis

· Commissioning (through individual lead authorities) studies, consultancy work, research and analysis to support strategy development and implementation.

· Providing public access to information about the sub-region.

External Relations and Communications

· Being the voice and champion for South Hampshire in dealings with Government, other National or Regional bodies and Agencies and networks (eg South-East Diamonds for Investment and Growth).

· Preparing responses to national and regional policy initiatives on behalf of the sub-region.

· Promoting public understanding and involvement in sub-regional issues, and of the work of PUSH and its partners through broadcast, internet and print media.

Knowledge Transfer

· Promoting and facilitating training and best practice/knowledge transfer for officers, members and other sectors on matters relating to PUSH's work programme.

Promoting delivery of infrastructure

· Analysis of infrastructure needs and support in negotiating delivery and financing options.

· Monitoring delivery of infrastructure.

· Development of policy approaches and priorities for implementation of sub-regionally important infrastructure.

External Funding

· Commissioning, coordinating and administration of external funding bids and negotiations relating to sub-regional projects or programmes (eg New Growth Point project funding, EU funding on cross-boundary schemes, funding delegated or allocated from National or Regional Agencies).

· Coordinating inward investment into the sub-region and promoting inward investment opportunities.

Thematic Functions

  

Economic Development

Economic stewardship and development activity benefiting the PUSH sub-region, in particular:

· Strategy development relating to strategically important employment sites having a cross-boundary impact;

· Promoting key sub-regional sites to avoid negative competition between authorities;

· Ensuring effective programme management of strategically important economic development and regeneration schemes;

· Facilitating support and capacity-building to individual authorities on smaller economic development schemes;

· Working with other agencies operating at sub-regional level on a range of topics; and

· Preparation of reports to inform monitoring, policy development and business planning.

Housing

· Development of consistent policy approaches, eg on Affordable Housing

· Collaboration on relevant studies eg Housing Market Assessments.

· Collaboration on nomination rights to social housing on strategically important development sites.

· Development of a sub-regional housing strategy

· Leading engagement with Housing Corporation/English Partnerships/Communities England on sub-regional strategic and resource allocation issues.

Planning

· Advising the Regional Planning Body and Government on the Regional Spatial Strategy and national planning policies impacting upon the sub-region.

· Advising on local delivery frameworks (LDFs) and encouraging shared working where appropriate.

· Preparation of consistent policy approaches (eg affordable housing [as above], consultation, sustainability) and consistent approaches to supplementary planning guidance (eg urban design).

· Assisting and encouraging shared working on the Appropriate Assessment of LDFs.

· Advising and supporting masterplanning, development briefs and local development documents relating to strategically important sites promoting consistency of approach in the PUSH context.

· Automatic consultee on planning policies, proposals and applications relating to strategically important sites.

· Supporting development of consistent approaches to Section 106 negotiations and the utilisation of developer contributions, particularly in relation to strategically important sites.

Sustainability

· Development of sub-regional strategies, consistent policy approaches, guidance and standards.

· Collaboration on sub-regional projects, eg ESCo.

· Capacity-building on sustainability issues.

· Promoting sustainable waste management solutions across the sub-region.

Culture

· Developing policy approaches and parameters for enhancing the cultural assets of the sub-region.

· Working with National and Regional Agencies to promote cultural opportunity across South Hampshire.