Agenda item

Report from the Chief Executive.

Recommendation:

1.    That Cabinet recommend to Council that consent be given to the draft Order that will provide for the Mayor of South Yorkshire to exercise the functions of the Police and Crime Commissioner.

Consider was given to the report which gave details of the proposals to transfer the functions of the Police and Crime Commissioner (PCC) in South Yorkshire to the Mayor of South Yorkshire with effect from May 2024. The Government were proposing making the Order and Cabinet were therefore asked to recommend to Council approval of that order. The text of the draft Order had not been provided by the time of the Cabinet meeting. A summary of what the Order would do had however been included in the report:

1.    Provide for all functions presently exercised by the PCC to be functions exercisable by the Mayor for South Yorkshire with effect from the [ ] May 2024;

2.    Transfer all property, rights, liabilities of the PCC to the Mayoral Combined Authority (MCA), with future decisions on such matters being vested in the Mayor;

3.    Provide for the continuity of the operation by substituting the MCA for the PCC in any legislation/instruments/contracts etc;

4.    Deal with financial year end issues; and

5.    Reduce the current Mayoral term in order to align the Mayoral and PCC election cycles from May 2024.

The Combined Authority was established in 2014. In 2018, the first elections for a Mayor were held with a second election being held in 2022 for a mayoral term of 4 years. The Local Democracy, Economic Development and Construction Act 2009 required, amongst other matters, for the consent of each district in the area of the MCA to the making of the Order. This would be required in writing prior to the Order being laid.

Cabinet could refuse consent to the making of the Order. However, the legislation stated that, where there was an existing combined authority, the consent of the combined authority and the majority of the constituent authorities was all that was required to approve the Order. As such, the matter may proceed in any event should the required number of other organisations approve the Order.

The second and recommended option was that the Council approve the Order as set out in the report. This was in alignment with the requirements of the legislation and aligned with the position of the MCA.

If approved, an election would be held in May 2024.

Resolved:-

1.    That Cabinet recommend to Council that consent be given to the draft Order that will provide for the Mayor of South Yorkshire to exercise the functions of the Police and Crime Commissioner.