Decision Maker: Cabinet

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: October 16, 2025

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.  

Content: 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.