Cumberland Council is holding a special meeting to discuss the proposed creation of a Mayoral Combined Authority¹ in Cumbria. Councillors will be invited to share their views on the proposal, which will then be considered by the Executive when it makes its final decision on whether to consent to the laying of the Statutory Instrument² for the creation of the authority. The meeting will also consider establishing a cross-party Member Working Group on Devolution.

Creation of a Mayoral Combined Authority in Cumbria

The council will consider a report about the proposal to establish a Cumbria Combined Authority (CCA). The purpose of the report is to provide councillors with the information they need to give their views, which will help inform the Executive's decision on 14 October 2025 regarding consent to the establishment of the Combined Authority.

The report sets out the high-level impacts of the new devolution framework as proposed in the English Devolution and Community Empowerment Bill, and a summary of the draft Statutory Instrument to establish the proposed Cumbria Combined Authority.

The report includes a summary of the powers, functions and funding of the proposed Combined Authority, and a high-level assessment of the potential impacts. These impacts would arise if both Cumberland Council and Westmorland & Furness Council consent to the creation of a new Combined Authority in Cumbria through the laying of a Statutory Instrument before Parliament.

The report also proposes that the Leader, subject to a consent decision by the Executive on 14 October 2025, establishes a cross-party Member Working Group on Devolution to understand, consider and advise on the devolution programme and the implications and opportunities for Cumberland Council and for Cumbria.

Background

The English Devolution White Paper, published on 16 December 2024, set out the government's vision for deepening and widening devolution across England. These proposals have since been taken forward through the English Devolution and Community Empowerment Bill, which was introduced into Parliament on 10 July 2025.

The Bill provides for the creation of new Strategic Authorities (SAs). Four categories are defined: Single Foundation SAs, Combined Foundation SAs, Mayoral SAs and Established SAs. Each category carries a different set of devolved responsibilities and funding arrangements.

The responsibilities available to Strategic Authorities, referred to as competencies, include:

• transport and local infrastructure
• skills and employment support
• housing and strategic planning
• economic development and regeneration
• environment and climate change
• health, wellbeing and public service reform
• public safety

Funding will also be devolved to Strategic Authorities. Foundation SAs will receive a dedicated local growth allocation; Mayoral SAs will receive a consolidated funding pot bringing together transport, housing, regeneration, place, and skills budgets; and Established SAs will be eligible for a single integrated settlement, enabling them to set funding priorities based on local needs and circumstances.

The two Councils in Cumbria have been selected as part of the national Devolution Priority Programme, providing the opportunity to fast-track devolution to the county. The original timetable envisaged the creation of Mayoral Strategic Authorities in May 2026, but following representations from both Cumberland and Westmorland and Furness Councils, the election of a Mayor in Cumbria will now take place in May 2027.

Due to the legislative timetable, the draft Statutory Instrument would establish a Cumbria Combined Authority in early 2026 under existing legislation. From the outset, the new authority will be a Mayoral Strategic Authority but will not have a mayor until the elections therefore will not have those powers reserved to the Mayor until such time as they come into office.

A draft Statutory Instrument; Cumbria Combined Authority Order 2026 ('Draft Order') has been shared by the Ministry of Housing, Communities and Local Government (MHCLG), on the basis that it remains subject to Parliamentary privilege and cannot be published at this stage. The Draft Order provides for the creation of the Cumbria Combined Authority and initially confers transport functions.

Additional powers will be devolved once a Mayor is elected in May 2027. The CCA would then have the opportunity to work towards becoming a designated Established Mayoral Strategic Authority which provides for the conferment of further competencies and the opportunity of an integrated funding settlement.

The broad legislative timeline is set out as:

• November 2025; pending approval from Cumberland Council and Westmorland and Furness Council, government anticipate the laying of the Draft Order in parliament for approval.
• Early 2026; subject to parliamentary process government anticipate the Draft Order being made law and the Order coming into effect. This gives the CCA its legal status and confers upon it those powers set out in the Draft Order.
• Day One Functions: the Draft Order confers limited functions on day one of the CCA.
• Spring 2026: the English Devolution and Community Empowerment Bill ('the Bill') subject to parliamentary process, is expected to receive Royal Assent and be enacted conferring standardised powers and functions on every new Combined Authority.
• May 2027; Mayoral elections will take place and once a Mayor is elected the powers reserved to the Mayor conferred by the enacted Bill will be available.

English Devolution and Communities Bill and Devolution Framework

The Bill had its first reading in Parliament on 10th July 2025 and sets out the framework and approach to the Devolution in local areas in England. Subject to the Parliamentary process, it is expected to become law in Spring 2026.

The Bill provides in law a new category of authority in England the 'Strategic Authority', the aim of which is to 'make it quicker and easier to devolve powers away from Westminster to local government'. This will replace the term 'Combined Authority' once the Bill becomes legislation.

The Devolution Framework outlined in the 2024 White paper is further detailed in the Bill, underlining that the Framework would act as a standardised set of legal powers, funding commitments and partnership/collaboration arrangements with Government.

The Bill will also enable the Secretary of State to establish a new Strategic Authority or expand existing institutions without the consent of local areas.

The powers and functions that are contained in the Bill and will be conferred upon the CCA once the Bill is law are set out in a table at Appendix 2 to the report. The table demonstrates to Members those powers and functions which will be carried out by the CCA from the date (1) the Cumbria Combined Authority Order 2026 is made and (2) the date the Bill comes into force, with the caveat that a number of the powers contained in the Bill are only exercisable by the Mayor so in Cumbria's situation these powers and functions would only be undertaken once the Mayor was in office from May 2027.

The material powers and functions that the CCA will be able to exercise from day one of the creation of the CCA are limited to:

• The powers of local transport authorities under Sections 108,109 and 112 of the Transport Act 2000. During the 'transition period' (which has been confirmed as 12 months from the date the CCA is created), the Draft Order provides for the powers to be concurrent with the constituent councils to ensure a smooth transition of these functions to the CCA. The CCA will be able to exercise these powers between the ending of the transition period and the Mayor coming into office, if there is gap
• It also confers the power to pay grants under s31 of the 2003 Act generally, with specific requirements around the payment to constituent councils for highway purposes.
• Westmorland and Furness to be pension authority.
• Section 1 of the 2011 Act, to the extent that those functions are exercisable for the purpose of economic development and regeneration – concurrent and the CCA can fulfil the obligations of the local authority.

Upon its enactment the English Devolution and Community Empowerment will confer the powers and functions for the CCA to operate over seven competencies, which are:

• Transport and Infrastructure becoming the Local Transport Authority for Cumbria, with responsibility for preparing and publishing a Local Transport Plan. In addition, powers and duties to prepare a bus strategy and other powers in relation to provision of passenger transport. Powers to strategically manage the most important local roads by setting up and coordinating a Key Route Network, and to license micromobility schemes on roads and pavements. Also a range of powers to exercise powers concurrently or enter into agreement with constituent councils in respect of maintenance and improvement of roads, enforcement in respect of parking, bus lanes and moving traffic, and road user charging;
• Skills and Employment Support powers relating to education and training of adults to support the delivery of devolved adult skills funding;
• Housing and Strategic Planning duty to produce a Spatial Development Strategy to strategically plan development across Cumbria, and housing and land powers to improve housing supply and quality and improve local infrastructure and regeneration;
• Economic Development and Regeneration duty to assess local economic conditions;
• Environment and Net Zero powers to play a role in Heat Network zoning;
• Health, Wellbeing and Public Service Reform a duty to have regard to the need to improve the health of people in Cumbria and the need to reduce health inequalities in the local area;
• Public Safety powers and duties in relation to the sharing of information relating to the reduction of crime and disorder.

The Government has indicated it is their intention, that by separate statutory instrument, the Police, Fire and Crime Commissioner (PFCC) functions may be transferred to the CCA at or around the time of the mayoral election. The PFCC is not a constituent member as set out the draft Cumbria Combined Authority Order 2026. Once a decision has been made by the Home Office and/or, once the CCA is formed, the members of the CCA can review the OPFCC role and governance of any transfer moving forward, as it related to the CCA.

Draft Statutory Instrument

The Draft Order is the instrument which will bring the CCA into effect and give it its legal status and confer upon it those powers set out within it.

The Draft Order is now in a substantial final form and is unlikely to change in its material form between now and the final version to be approved by the Executive of Cumberland Council. It is therefore recommended that any further changes are delegated for approval to the Chief Executive Officer (Head of Paid Service), or their authorised deputy, to consent to the making of the Cumbria Combined Authority Order 2026 in accordance with s.110(1)(b) Local Democracy, Economic Development and Construction Act 2009.

Strategic Rationale for a Mayoral Combined Authority and its Impacts

If consent is given, the creation of the CCA is expected to bring a range of benefits to communities across Cumberland. The CCA (later the MSA) would have access to an evolving package of tools, mechanisms, influence and investment that the two Councils in Cumbria do not currently have. Effective strategic co-ordination and leadership could enhance and accelerate delivery of shared ambitions as set out in the Cumbria Economic Strategy 'Going for Growth', and in the Cumberland Council Plan and the Cumberland Economic Strategy currently being developed.

Devolution will enable Cumbria to prioritise and accelerate investment in its infrastructure and key sectors — including nuclear, clean energy, advanced manufacturing, tourism and logistics — thereby creating high-value local employment. Transferring functions in relation to transport, housing and skills to a single strategic body will also allow issues of county-wide importance to be addressed in a coordinated way, creating benefits at the Cumbria scale.

Devolution will also provide the tools to tackle structural inequalities, by aligning housing, skills, transport and health policies to improve outcomes for disadvantaged communities. New powers over strategic planning, land use and transport will support Cumbria's ambition to reach net zero, enhance natural capital and promote sustainable growth. The Authority will benefit from a multiyear funding settlement, reducing reliance on short-term competitive bids and enabling longer-term planning at scale. From 2027, the introduction of a directly elected Mayor would further strengthen Cumbria's influence nationally and internationally, raising the county's profile in negotiations with Government and with investors.

The establishment and evolution of the proposed Cumbria Combined Authority will consolidate strategic capacity to tackle long-term issues and barriers to inclusive economic growth. The new Authority would be expected to deliver benefits across Cumberland through:

• Long-term investment commitment providing the certainty for longer-term planning and delivery – initially a 30-year Mayoral Investment Fund totaling £333 million, and then control over additional funding streams as the CCA develops into a Mayoral Strategic Authority and then potentially to an Established MSA with an integrated, multi-year settlement;
• Stronger national influence a seat at the Council of Nations and Regions and the Great North Mayors' group gives Cumbria a stronger voice on energy, transport and rural growth.
• Building prevention and wider determinants of health and wellbeing into the core of how the CCA (later the MSA) operates and across its strategies and programmes;
• Being a platform for better co-ordination and reform of public services, and achieving economies of scale of infrastructure for the MSA;
• Improved strategic transport planning with the Authority becoming responsible for strategic transport plans, including a Local Transport Plan and the Bus Service Improvement Plan. A joined-up Cumbria wide narrative for transport can help strengthen business cases, attract investment and improve efficiencies by reducing unnecessary competition;
• Strengthened strategic leadership leading Cumbria's strategic relationship with key transport organisations such as the Department for Transport and Transport for the North; providing a joined-up Cumbria-wide case for transport to attract investment;
• Cumbria could decide to franchise bus services or explore other models, setting standards for reliability, pricing and accessibility of bus services – delivering an ambitious vision of reliable and affordable services with integrated ticketing across our local transport system better linking up hospitals, colleges and business parks;
• Management of strategic local roads (the Key Road Network) at Mayoral level to improve reliability and safety;
• Local commissioning of the Adult Education Budget (AEB) giving local decision makers direct control to commission skills and training provision which better meets the specific needs of local employers and the local economy;
• Providing strategic leadership of the local skills system focused on meeting Cumbria's specific workforce challenges in sectors such as nuclear, engineering, health and care, and construction / retrofit;
• Using its powers to speed up delivery of housing by assembling land and 'de-risking' infrastructure to support housing development;
• Providing a new strategic spatial focus to local plans for growth;
• Using the Authority's considerable convening powers to support Net Zero & energy transition activity - aligning retrofit, electric vehicle corridors, local area energy planning and industrial decarbonisation with skills and transport;
• Providing strategic leadership for targeted, co-ordinated and collaborative action to help local nature to recover and mitigate the impacts of nature depletion on issues such as food production and clean water; and,
• Providing better coordination of community safety and resilience functions with other public service functions across Cumbria.

The creation of the Combined Authority will have direct implications for Cumberland Council. Responsibility for certain functions and powers, including in relation to transport and economic development and regeneration, will transfer from the Council to the new Authority. Whilst this reduces the Council's direct powers in those areas, it ensures that responsibilities are exercised strategically across Cumbria. As a constituent authority of the CCA, Cumberland Council will be required to contribute towards the Authority's costs where these are not met by devolved funding or government grant, and from 2027 the Authority is expected to become a precepting body.

Cumberland Council will be a constituent authority of the Combined Authority and a direct role in its decision-making and scrutiny. The majority of decisions will, however, be taken by majority vote, meaning the Council's position may not always prevail.

Establishing the new Authority will also place short-term pressures on Council capacity, as officer time and expertise will be needed to support the transition. At the same time, this provides opportunities for staff to shape the governance model and to build wider strategic capacity.

In the longer term, Cumberland Council will need to align its own plans and policies with those of the Strategic Authority. This may require adjustment of existing strategies, but also presents the opportunity to embed Cumberland's priorities — particularly in relation to regeneration, health and skills — within county-wide programmes. Supporting devolution demonstrates that the Council is forward-looking and prepared to embrace opportunities; conversely, a decision not to consent could risk reputational damage and the loss of influence, particularly as other areas progress with their own devolution deals.

Funding of the Combined Authority

The establishment of a Strategic Authority in Cumbria would bring with it new funding arrangements and opportunities. Government has confirmed that initial capacity funding would be made available to support the set-up of the Authority. This funding, the first instalment of which can only be drawn down once consent has been approved and the Statutory Instrument has been laid, is intended to cover essential programme management, governance and transitional costs.

Cumbria Combined Authority would be expected to receive Mayoral Capacity Funding of £4 million over the current Spending Review period (2025/26 – 2028/29). Further capacity funding would be subject to future Spending Reviews.

As part of the Devolution Priority Programme, the CCA (later the MSA) would benefit from a 30-year Investment Fund totalling £333 million. This is an annual amount of £11.1 million over the 30 years. In 2026/27 the Authority would receive 50% of the annual amount to support development and early delivery of growth priorities. Following the inaugural mayoral election in May 2027, the Authority would receive the full annual amount of £11.1 million each year from 2027/28. The remaining 50% of the annual amount for 2025/26 would be reprofiled to the final year of the Investment Fund. The Fund will be made up of 50% capital and 50% revenue. Payment of both the Mayoral Capacity Funding and the Mayoral Investment Fund are subject to consent from both Cumberland and Westmorland and Furness Councils to the laying of the secondary legislation to establish the Mayoral Combined Authority.

Also from May 2027, following the first mayoral election, the Authority will access wider Mayoral funding powers. The Mayor will also have the ability to raise additional resources through a precept, should they choose to do so, and through devolved transport powers.

In the longer term, and subject to Government agreement, the Authority could progress to become an Established Strategic Authority, which would unlock a single integrated funding settlement. This would provide greater local discretion, flexibility and stability in setting investment priorities.

These opportunities are accompanied by a number of financial risks and responsibilities. Constituent councils will remain responsible for meeting any reasonable costs of the Combined Authority not covered by government grants or devolved funding streams. The Authority will also be a precepting body, meaning that its costs will ultimately fall on local taxpayers if they are not balanced by devolved resources. It will therefore be important to maintain close dialogue with Government to ensure that funding levels remain sufficient to deliver the new functions sustainably.

Taken together, the funding framework is designed to provide the CCA and therefore Cumbria with greater certainty, flexibility and influence over how public money is invested locally, while also placing new responsibilities on the councils for financial management and accountability.

Precept and Levies

The table at Appendix 2 sets out the powers the CCA will have in relation to a precept and specific levies.

Precept: On day one of the Combined Authority the CA will not have the power to raise a precept based on the Draft Order. Once a Mayor is in office, there is the option for the Mayor to use their power to set a council tax precept to raise additional funding. The first financial year to which this could apply would be 2028-29. A precept could only be raised if approved by both the Mayor and the overall Combined Authority, and if approved would be collected via the local councils. Voting arrangements for the precept vary, depending on whether the precept is on mayoral functions, or wider Combined Authority functions: (a) Mayors will continue to be subject to voting rules set out in previous legislation on precepts raised against mayoral functions. This is commonly that a mayor can propose a precept, but that request can be amended or rejected by a 3/4 majority of constituent authorities. (b) A Mayor wanting to raise a precept on wider Combined Authority functions would be subject to the standard voting arrangements of a simple majority including the mayor.

Levy: there is a specific power for the Mayor to raise a levy to the constituent authorities in relation to the Transport Functions. This power would not be conferred until the Bill is enacted and the Mayor is in office.

Financial Governance

A key aspect of the legal framework for the CCA will be an obligation on the two constituent councils to ensure that the CCA can access the necessary funding to discharge its functions effectively. In effect, this means that the Councils could be asked to financially support the CCA, if it was unable to discharge its functions from other available funding streams.

The constituent councils cannot be liable for any expenditure, unless the CCA has approved such a request in accordance with its budget decision-making processes. A Mayor's budget has separate voting arrangements: ¾ required to veto the Mayor's Budget (the Mayor can't vote) and approve the mayor's draft budget incorporating the combined authority's recommendations. The MCA's budget is subject to default voting arrangement of simple majority including the Mayor. The constituent councils will hold four votes on the CCA.

The voting arrangements cannot be altered by the constitution of the CCA as this would be contrary to the Draft Order and the current drafting of the Bill.

The CCA must be set up with effective governance, a robust financial assurance framework and strong financial management. This should include the establishment of an Audit Committee, Overview and Scrutiny and a statutory Chief Financial Officer post (otherwise known as a Section 73 Officer). This post is similar in nature to a Council Section 151 officer and will have a legal responsibility to make arrangements for the proper administration of its financial affairs, including establishing adequate controls and setting a balanced budget each year.

The CCA will be required to include these protections in its constitution and is also required to have an agreed Local Assurance Framework. This will set out the key roles, governance, controls and procedures for ensuring the CCA uses public money in a transparent, responsible and effective manner. This document will need to be submitted to Government by the CCA and approved before funding is released.

The Constituent Councils are liable for the CCA's costs reasonably attributable to the exercise of its functions, these are considered in a separate budget to those costs attributable to the exercise of Mayoral Powers and Functions. As such, both Constituent Councils will want to ensure that there are sufficient governance procedures and processes in place to enable the MCA's budget to be estimated, monitor and managed effectively.

In order to mitigate that risk in relation to CCA costs, the following are relevant:

• Control via the Statutory Instrument The CCA's budget must be approved by simple majority, including the Mayor once elected.
• Control via the Constitution- The draft CCA Constitution contains the following controls:
  • the Section 73 Officer will consult the Constituent Councils in preparing the CA's estimated expenditure and budget by a specific date each financial year;
• processes for monitoring expenditures of the CCA's budget and capital schemes must proceed through the CCA's Assurance Framework.
• Control via the Local Government Act 2003 Section 25 of the Local Government Act 2003 places duties on the Section 73 Officer to report on the robustness of the CCA/MCA's estimates and calculations of proposed financial reserves.

Section 28 of the 2003 Act imposes a statutory duty on the CCA/MCA to monitor its expenditure and income against budget calculations.

• Control via the Overview and Scrutiny Committee Key Decisions , that will result in significant expenditure being incurred by the CCA/MCA, will be subject to call-in and/or review by the CCA's Overview and Scrutiny Committee (see The Combined Authorities (Overview and Scrutiny Committee Access to Information and Audit Committees) Order 2017.

The Constituent Councils are liable to meet the costs of the expenditure reasonably incurred by the Mayor in connection with the Mayoral functions and powers. The risk here is whether there are sufficient monies to meet the Mayor's expenditure.

In order to mitigate that risk, the following are relevant:

• Control via the Statutory Instrument - Article 13(4) of the Statutory Instrument provides that Mayor must agree the Mayor's costs with the MCA in advance of incurring such expenditure.
• The Mayor's Budget- The Mayor's budget should contain the following:
  • Mayor's spending plans and how the Mayor intends to meet the cost of the Mayor's general functions;
  • Relevant amounts and calculations.

The Mayor's budget is to be reviewed and approved by the MCA, by simple majority, the Mayor has no vote.

There is a right to veto the Mayor's budget. In order to veto, there needs to be a three-quarters majority excluding the Mayor (see the Combined Authorities (Finance) Order 2017).

• Control via the Constitution - The process for approving the Mayor's budget and right to veto is set out in the draft Constitution of the MCA.
• Control via the Local Government Act 2003 Section 25 of the Local Government Act 2003 requires the Section 73 Officers to report on the robustness of the estimates and calculations of financial reserves, Section 28 of the 2003 Act also applies.
• Control via the Overview and Scrutiny Committee Where a decision will likely result in a significant expenditure being incurred by the Mayor, it shall be deemed a Key Decision and will be subject to call in / review by the MCA's Overview and Scrutiny Committee .

Governance

The table at Appendix 2 sets out how decisions in relation to the functions and powers of the CCA will be made. As set out in this report and except as otherwise provided, voting on Combined Authority matters is by simple majority of the members present and voting at a meeting of the Combined Authority. After the election of the Mayor, simple majority must include the Mayor (or deputy acting in place of the Mayor). In many cases, the exercise of mayoral functions also requires a simple majority of members to vote in agreement, where that majority must include the Mayor. For example, some powers are within the discretion of the Mayor, while others give the Mayor a casting vote in the event the vote is tied.

The CCA will have a constitution detailing how decisions are to be taken within this legal framework, including standing orders and schemes of sub delegation. This will need to be in place from Day One and the monitoring officers of both constituent councils are working together on the draft that will be recommended for approval by the CCA, once it is created.

Decision making in the CCA will be within the framework of the Draft Order, Bill, Constitution and Local Assurance Framework. However, it is also informed by the governance structure the CCA chooses to adopt, one that is right for Cumbria. There are many examples of the variety of groups that can form part of this informed decision making, from more formal committees to panels of external stakeholders to advisory groups, where a wide group of consistent authority members can engage and inform the decision making of the CCA. Subject to a consent decision, the proposed governance structure of the CCA would form part of the programme of works which will be carried out in preparation for the CCA and such structure will be agreed via the joint Member arrangement that Westmorland and Furness and Cumberland Council put in place.

Assurance Framework

A requirement for all Mayoral Combined Authority's (MCA) is the production of an Assurance Framework for the management of public funding that is devolved to the MCA. The Assurance Framework is the key governance document for investment decisions and requires the approval of MHCLG. Adherence to the assurance framework will be a requirement for Strategic Authorities to be able to move to Established Strategic Authorities.

HM Treasury define an Assurance Framework as 'An objective examination of evidence for the purpose of providing an independent assessment on governance, risk management, and control processes for the organisation'.

The proposed Assurance Framework for the MCA will set out the robust decision making and delivery arrangements of the MCA and how the MCA will use public money responsibly, openly and transparently, and achieve best value for money, thus enabling the MCA to maximise the impact of devolution.

The proposed Assurance Framework is being developed in line with the English Devolution Accountability Framework (Published 16 March 2023), which sets out how a MCA will be scrutinised and held to account.

The proposed Assurance Framework will describe:

• How the 'Seven Principles of Public Life' are embedded within the culture, processes, practices and procedures of the MCA in undertaking its roles and responsibilities in relation to the use and administration of the MCA's funding;
• The key processes for ensuring accountability, probity, transparency, legal compliance, and value for money;
• The respective roles and responsibilities of the MCA, the Mayor and other elements of the decision- making and delivery structure;
• The roles and responsibilities of the MCA to ensure accountable decision making, including processes around public engagement, probity, transparency, legal compliance and value for money;
• How potential investments will be prioritised, appraised, approved and delivered and funding allocated. The delivery arrangements which MCA has put in place and how the progress and impacts of these investments will be monitored and evaluated; and
• The process to monitor and evaluate projects and programmes to ensure that they achieve value for money and projected outcomes in accordance with the Mayor and Member's priorities and that risk is effectively managed.

The Assurance Framework will operate alongside the following:

• The Statutory Instrument
• The Constitution
• The Medium Term Financial Plan

The Assurance Framework will take effect from the establishment of the MCA, being the date that the Statutory Instrument is made. It will apply to all new decisions, approvals, and funding bids, regimes, and projects from that date.

Governance/Legal Risks and mitigations

• (a) Funding of the CCA: The Constituent Councils must meet costs of the Combined Authority which are potentially not agreed by the Constituent Council and are not necessarily within the agreed budget of the Constituent Council. The body of the report sets out the power available to manage that risk for each constituent authority.
• (b) Non-transport powers: For all of the mayoral powers under the Bill to be exercisable by the Combined Authority prior to the election of a mayor, there would need to be some clear wording in the Draft Order to provide that this was the case. As it stands the only mayoral powers that it appears the Combined Authority will be able to exercise during the period from its coming into existence and the mayors election are those detailed in the Draft Order itself. Both constituent authorities are working with MHCLG to understand what the position will be here, given the length of time between the creation of the CCA, enactment of the Bill and election of the Mayor in 2027. The CCA will be undertaking the Transport functions between 2026 and 2027. Clarification is sought on whether, once the Bill is enacted, the CCA will assume all of the powers and functions set out in the table at Appendix 2, or whether these will be limited. The key issue is the effect of the Bill's enactment during the intervening period, which remains subject to confirmation from MHCLG
• (c) The Bill; the report is predicated on the basis of the Bill as currently drafted. The Bill may be subject to further amendments. At this stage, as the Council is being asked to consider and approve the Draft Order prior to the Bill coming into force, it should be live to the risks that the Bill may change during its journey through Parliament.

Interim arrangements

Subject to a consent decision by Cumberland Council and Westmorland and Furness Council arrangements will be put in place to oversee the implementation of the programme to establish the CCA, which will need to be delivered within a challenging timescale.

The programme between October 2025 and Spring of 2026 will include the drafting of a CCA constitution, local assurance framework, and other key elements to ensure that the CCA can fulfil its functions from Day One. A programme director and small programme management team are in place to lead this work.

There is currently a joint Members Steering Group as part of the joint arrangements between the consistent councils working on the proposal. Further consideration of these joint arrangements will be given if a consent decision is given in order to oversee the preparatory work.

In addition to joint arrangements with Westmorland and Furness as above, it is important that Cumberland Council elected Members are engaged and maintain an overview and the Council's input into the development of the Cumbria Combined Authority.

It is therefore proposed that the Leader, subject to a consent decision by the Executive on 14 October 2025, establishes, within Cumberland Council, a cross-party Member Working Group on Devolution to understand, consider and advise Cumberland Members who will be part of the CCA, on the devolution programme and the implications and opportunities for Cumberland and for the Council. Requests for nominations to the Member Working Group on Devolution will be made following the Executive meeting on 14 October 2025, subject to the consent decision.

Overall Assessment of the proposal to create a Mayoral Combined Authority for Cumbria

On balance, consenting to the creation of the Cumbria Combined Authority could deliver major opportunities for Cumberland and Cumbria. While the Council will experience some changes in its responsibilities, governance role and financial obligations, these can be managed through proactive decisionmaking and representation as a constituent council of the MCA, careful financial planning, effective programme and risk management and effective alignment with the new Authority's priorities. The benefits of increased investment, improved co-ordination and integration of services and stronger regional, national and international influence are considerable, and associated risks can be mitigated through robust governance and effective ways of working.

Proposal

Council is invited to consider this report and provide its views to the Executive, so that those views can be considered when the Executive makes its final decision on consenting to the laying of the draft Statutory Instrument and the creation of a Mayoral Strategic Authority in Cumbria.

Alternative options considered

There are two options to be considered:

(1) To consent to the laying of the Statutory Instrument that will establish a Cumbria Mayoral Combined Authority;

A decision to consent would mean that the opportunities, benefits, costs and risks set out in this report could be realised;

Or;

(2) To not consent to the laying of the Statutory Instrument that will establish a Cumbria Mayoral Combined Authority;

A decision to not consent would mean the opportunities, benefits, costs and risks set out in this report could not be realised.

Contribution to the Cumberland Plan Priorities

The proposed establishment of a Cumbria Combined Authority, to become a Cumbria Mayoral Strategic Authority, provides significant opportunities to work through the Authority to achieve the ambitions set out in the Cumberland Council Plan. The proposed Authority will play a key direct role in achieving the Council Plan ambitions in relation to a local economy that works for everybody, addressing inequalities and in respect of climate change and environmental resilience.

Crucially, the new Authority (subject to the passing of the English Devolution and Community Empowerment Bill) will have a legal duty to consider health improvement and health inequalities in all their decision-making. This ensures that all the Authority's decisions and strategies will have health and wellbeing at their centre, in line with the Council Plan's central ambition.

Consultation / Engagement

The government undertook a consultation which sought views on a proposal to form a Mayoral Combined Authority for the local government areas of Cumberland Council and Westmorland and Furness Councils between 17 February 2025 and 13 April 2025.

The consultations responses received informed the Secretary of State's decision, announced in July 2025, that the statutory tests to establish the proposed Cumbria Mayoral Combined Authority had been met.

In addition, the Council has engaged with key stakeholders to support awareness and understanding. These bodies included the the Local Growth Board, the Cumbria Association of Local Councils (CALC) and Cumbria Council for Voluntary Service (CVS).

In advance of this Council debate, a series of briefings were held which were open to all Council Members to inform Members and enable Members to ask any questions they had about the process and the proposed MCA..

Implications and Risks:

Strategic Risks –

The report states that the decision / report links to a Strategic Risk:

SRR-24 Devolution Priority Programme: There is a risk that Cumberland Council's inclusion in the Devolution Priority Programme has a significant impact on current resources and service delivery. The current aggregated risk score is 6.

The delivery of the council's ambitions as set out in the Council Plan is likely to benefit from the strategic leadership, co-ordination, planning and additional investment available through a Combined (Strategic) Authority). Subject to the decisions of both Cumberland Council and Westmorland and Furness Council to consent to the laying of the Statutory Instrument to establish the Cumbria Combined Authority, the programme to establish and develop the Combined Authority will move into implementation.

The programme is well developed and risks will be mitigated by effective programme management, led by the Programme Director who is now in position, ensuring effective resource management from a Cumberland Council perspective.

Legal & Governance implications and risks

• The Cumbria Combined Authority would be established in accordance with existing legislation, primarily being the Local Democracy, Economic Development and Construction Act 2009 (as amended) ('2009 Act').
• Section 110 of the 2009 Act set out the circumstances and procedures (including consultation) to be met for the Secretary of State to make Statutory Instruments for Combined Authorities or Mayoral Combined Authorities.
• Section 107A of the 2009 Act provides that the Secretary of State may by order provide for there to be a mayor for the area of a combined authority. Section 107B prescribes that the