The Highways and Transport Scrutiny Committee met to consider the delegation of transport functions from the Greater Lincolnshire Combined County Authority (GLCCA) to the constituent authorities. The committee acknowledged the report and its recommendations to the Executive Councillor for Highways and Transport.

Delegation of Transport Functions from the Greater Lincolnshire Combined County Authority

The committee considered a report concerning the delegation of transport functions from the Greater Lincolnshire Combined County Authority (GLCCA) to the constituent authorities, including Lincolnshire County Council. This delegation is intended to ensure the continued delivery of local transport authority functions until more detailed transition arrangements are finalised between the GLCCA and the three constituent authorities. The report was presented to the Executive Councillor for Highways and Transport for a decision between 23 and 30 March 2026, with the committee's views to be reported to the Executive Councillor.

Concerns were raised by members regarding the short notice of the extraordinary meeting, with the agenda being published with fewer than the usual five clear working days' notice. Officers acknowledged this was regrettable and rare, explaining that the meeting was convened as soon as practicable to allow the committee to scrutinise the proposed Section 101 Agreement¹ before an Executive decision was made. It was emphasised that the committee's role was to comment on the proposed decision, not to make it, and that allowing scrutiny, even at short notice, was legally appropriate and preferable to proceeding without it.

Members questioned when the Section 101 Agreement had been drafted and why it had not been presented to an earlier scrutiny meeting. Officers explained that while the principles of delegation had been considered earlier, the decision to proceed via a Section 101 Agreement was made later when other transition mechanisms were found to be undeliverable in time. Drafting instructions were issued in early to mid-February 2026, with legal discussions continuing until shortly before the meeting.

Clarification was sought on the practical implications of the agreement, with officers confirming that Lincolnshire County Council would move from being the statutory transport authority to acting as a delivery agent under the direction of the GLCCA. The Combined Authority would assume strategic control, including policy, priorities, and funding, while delegating day-to-day delivery back to the constituent authorities on a temporary basis.

Members also raised concerns about the proposed top-slicing of transport funding, specifically the 5% retention by the Combined Authority. Officers explained that this figure was agreed for the current financial year as part of the Combined Authority's budget-setting process, and future percentages would be determined through the Combined Authority's formal budget processes, in which constituent authorities are represented. The Mayor holds ultimate responsibility for the Combined Authority's budget.

Questions were posed regarding liabilities and indemnities, particularly in relation to legal challenges arising from decisions directed by the Combined Authority but implemented by the County Council. Officers confirmed that clause 10.3 of the agreement provided an indemnity whereby the GLCCA would indemnify each constituent council against liabilities, costs, expenses, and damages arising in connection with the agreement.

The committee also discussed clauses relating to the Combined Authority's consent for certain contracts or property transactions, with clarification that these provisions applied specifically to leases, licences, and land transactions, and not to routine maintenance or emergency works. Concerns were also raised about clauses relating to advertising, marketing, and public communications, with officers explaining that these were intended to relate to operational transport communications, such as promoting services, rather than political or corporate promotion.

The committee was assured that further work was required to finalise a comprehensive transition plan, including updates on staffing, assets, contracts, and funding alignment, and that the committee would receive future updates on key milestones.

Resolved: The committee considered the report to the Executive Councillor for Highways and Transport and acknowledged the recommendations to the Executive Councillor.