Contact: Stuart Jarvis, ext 6124 email: [email protected]

Kevin Gardner ext 7381 [email protected]

1. Summary

1.1 On 24 May 2007, the Council approved the establishment of a Joint Committee for TfSH and the associated changes to the Constitution, with approval of a detailed agreement being delegated to the Leader and Executive Member for Environment, in consultation with the Director of Environment. This report clarifies the final terms of the proposed agreement, arrived at following discussions between the parties. The report seeks formal approval to the agreement being completed. The report also seeks confirmation of the delegation of executive functions to the Joint Committee, and appointment of representation on the Committee, both of which are matters for the Executive.

2. Recommendation

The following decisions are sought:

2.1 That approval is given to the completion of the Joint Agreement with Portsmouth and Southampton City Councils for the establishment of a Joint Committee for Transport for South Hampshire ("TfSH"),

2.2 That the delegation to the Joint Committee of such functions of the Executive as are necessary to implement the Business Plan for TfSH, subject to the Business Plan being approved on an annual basis by the County Council, is confirmed, and

2.3 That the appointment of the Executive Member, Environment as the County Council's representative on the Joint Committee or, in the event that he is unable to attend, such other member of the Executive as is nominated by the Leader, is confirmed.

3. Background

3.1 On 23 April 2007, the Cabinet considered proposals for the establishment of the new Joint Committee to replace the existing, voluntary and informal Solent Transport Executive. The new joint committee would aim to build on the success of the Solent Transport Partnership and would engage in the formulation and implementation of strategic transport policies, proposals and improvements to the transport systems and networks of South Hampshire in association with the Partnership for Urban South Hampshire (PUSH). It would be responsible for providing enhanced transport delivery arrangements for the South Hampshire area, and maximising investment and infrastructure provision in accordance with the South Hampshire Sub-Regional strategy.

3.2 On 24 May 2007, the Council approved the establishment of a Joint Committee for TfSH and the associated changes to the Constitution, with approval of a detailed agreement being delegated to the Leader and Executive Member for Environment, in consultation with the Director of Environment.

4. Final Form of Agreement

4.1 The final form of the agreement has not changed substantially from the earlier draft that was available for Members' consideration in advance of the Council meeting on 24^th May, and the main terms of which were summarised in the report to Council. The final form of the agreement is available as a background paper to this report.

4.2 Minor changes have been made to clarify certain provisions. The consequences of one party deciding to withdraw from the joint arrangements are now clearer. Should any party wish to withdraw, six months' written notice would be required, and the other parties would then consider options for future discharge of their functions which could include entering into new joint arrangements. It is also clarified that the Joint Committee will have its own legal and financial advisers designated by a lead authority. Where any liabilities arise as a result of the actions or omissions of only one or two of the parties, those liabilities will be borne by those parties. Where a liability arises as a result of the act or omission of all three parties, that liability will be borne in the same proportions to which the parties contribute to the TfSH joint budget. Certain other minor drafting and technical amendments have been made.

4.3 The Executive Member for Environment has been briefed on the final form of the agreement and is content to proceed.

5. Impact Assessments

5.1 Assessment of the Race Relations (Amendment) Act has been considered in this response but no adverse impact has been identified in terms of race, creed or gender.

6. Conclusion

6.1 Cabinet and Council have already accepted the case for entering into joint arrangements for Transport for South Hampshire. Discussions between the parties have reached a conclusion on the detail and it is recommended that the proposed joint agreement is now completed.