Issue - decisions

Date of Decision:

1 February 2017

Decision Maker:

(Including Job Title)

Sharon Kemp

Chief Executive

Specific Delegation:

(If any)

Meeting of Council – 2 March 2016

Minute Ref 150

(In consultation with the Leader and the Commissioners as appropriate)

Brief Description of Decision:

To consent, on behalf of Rotherham MBC, to the making of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) (Amendment) Order 2017

Reasons for the Decision:

The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) Order 2016 provided for there to be a mayor for the area of the Combined Authority, to be elected on 4 May 2017 and to hold office until the local elections in 2020 and with elections every four years thereafter.

The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Election of Mayor) (Amendment) Order 2017 will amend the 2016 Order to change the date of the first election to 3 May 2018 and remove the reference to a subsequent election in 2020.

Since the making of the 2016 Order judgement has been given in an application for Judicial Review brought by Derbyshire County Council challenging the lawfulness of a consultation process carried out by the Combined Authority. The Court ruled that the consultation had failed to ask the public about one of the major proposals in the scheme, namely the new role of a proposed constituent borough council (Chesterfield Borough Council).

The Combined Authority will be carrying out further consultation in the light of the judgement. However, this consultation process will not be complete in time for further orders to be made implementing the Sheffield City Region Devolution Deal before the date in May which the 2016 Order set for the mayoral election.

If the 2016 Order were not to be amended the election would proceed on 4 May 2017 for a Mayor for the area of the Barnsley, Doncaster, Rotherham and Sheffield Combined Authority. However there is no order in force to set out the powers of the elected mayor, which would be required in order to implement the Sheffield City Region Devolution Agreement. The election of a mayor would be premature until the final geography of the Combined Authority is resolved and there is an order setting out the powers of the mayor in the light of the Sheffield City Region Devolution Agreement. Any mayor elected in May 2017 would be a member of, and the chair of, the current combined authority but the geography and powers of the Combined Authority would be unchanged.

The election of a mayor on that basis would be premature given the pending consultation and implementation of the Sheffield City Region Devolution Deal.

Details of alternative options considered and rejected:

As above, not consenting to the 2017 Order would result in the election of a mayor, who would be a member of, and the chair of, the current Combined Authority but the geography and powers of the Combined Authority would be unchanged.

Conflicts of interest declared by any Executive Member consulted by the decision maker which relates to the decision:

The Leader of the Council is a member of the Combined Authority and receives an allowance for that role.

Dispensations Granted (if any):

Not applicable

Reports or parts of reports considered

Devolution Update Report for the meeting of the Sheffield City Region Combined Authority held on 30 January 2017.