Purpose

To set out the
process being undertaken; to Advise Cabinet on the implications; to
seek approval for IAA the Heads of Terms; to seek approval to
delegate negotiation to the Executive Director - Place, in
consultation with the Director of Legal and Democratic Services,
the Director of Finance, the and Leader of the
Council.
 

Decision

RESOLVED to:
 

1)     
Note the processes being undertaken by DCC to ensure the
effective transfer of the strategic and public transport functions
to the East Midlands Combined County Authority (EMCCA), in line
with the previously approved Devolution Deal and East Midlands
Combined County Authority Regulations 2024;

 

2)     
Note the key considerations and implications of transferring
the transport functions as set out in paragraphs 4.32 of the report
and onwards;

 

3)     
Agree that EMCCA will take responsibility for the exercise of
strategic and public transport functions and that Derbyshire County
Council will no longer exercise those functions on a date to be
agreed, and from 1 April 2026 at the latest;

 

4)     
Approve the Inter Authority Agreement (IAA) Heads of Terms
attached to the report at Appendix 2, which sets out the principles
and means by which all aspects of the transfer will be discharged
over time;

 

5)     
Approve the East Midlands Combined County Authority Protocol
for the Exercise of Concurrent Functions and Associated Statutory
Consents attached at Appendix 3 to the report;

 

6)     
Delegate authority to the Director of Finance to complete
negotiations, beyond those included in the IAA Heads of Terms, on
the Transport Levy and all budget transfers relating to service
delivery and staffing, in consultation with the Executive Director
for Place, the Director of Legal and Democratic Services and the
relevant Cabinet Portfolio Holder;

 

7)     
Delegate authority to the Executive Director for Place to
commence the transfer of public transport functions and those staff
responsible for delivering them, in order to meet the 1 April 2026
statutory deadline; and

 

8)     
Delegate authority to the Executive Director for Place to
take all actions necessary to ensure the effective transition of
agreed powers from the Council to EMCCA, including novation of
contracts, transfer of assets and data, in consultation with the
Section 151 Officer and any relevant cabinet members as appropriate
to the relevant action.