The proposed Devon and Torbay devolution deal was announced by the Secretary of State for Levelling Up, Homes and Communities on 25 January 2024. The proposed devolution deal includes:
Devon and Torbay is a special place with enormous potential in its businesses, people and places. Forming the heart of the south west, with a rich history, culture and dynamic economy, the area is known for its stunning natural environment, supporting a world renowned food and drink sector, an increasing reputation as a centre for international environmental science, and making it a destination of choice to visit, learn and invest.
Devon and Torbay has a long standing entrepreneurial and trading history; from its wool merchants and guilds in the middle ages, through to its maritime and fishing heritage along both its coastlines, to today’s excellence in defence and advanced manufacturing, photonics and agritech. From the English Riviera to its rural market towns and the city of Exeter, to Northern Devon’s Atlantic Coast; the area is typified by a sense of enterprise, innovation and ambition, whether in meeting the demographic challenges of tomorrow, welcoming its 30 million visitors a year, or driving forward net zero opportunities through its leading universities and businesses.
On 25 January 2024 the Secretary of State for Levelling Up, Housing and Communities announced the proposed Devon and Torbay devolution deal.
With a population of 953,000 residents and a GVA of over £17 billion, Devon and Torbay offers enormous potential. It has nearly 50,000 businesses providing around 473,000 jobs. It is a coherent economic area and has significant sectors with potential for growth, including advanced manufacturing and engineering, environmental technologies, data and clean industries; digital business, electronic and photonics activity; health and pharmaceutical manufacture and wider defence industries, as well as traditional strengths in areas such as tourism and agritech and food production.
But Devon and Torbay also face challenges which impact on productivity levels and the ability to grow. Productivity lags behind the UK average overall within the area, requiring a 30% increase to close the gap, and public spending per person has historically trailed the rest of the UK. Rural, urban and the coastal areas of Devon and Torbay area suffer from nationally significant levels of poverty, with parts of Torridge and Northern Devon amongst the bottom 5% worst affected areas of England, and West Devon and Torbay having the lowest and second-lowest workplace-based wages of any authority in the country. Social mobility and youth aspiration and progression are particular areas of concern, with around 40% of all young people leaving the area due to a lack of available housing and lack of attractive employment opportunities in many communities. The area faces significant challenges with skills and educational performance, with pockets of nationally significant educational need and some of the lowest Level 4 achievement rates in the country across its urban, rural and coastal areas.
The Government’s devolution framework places a strong emphasis on robust local governance and joint working across sensible and coherent economic geographies. The local authorities of Devon and Torbay are seeking a historic Level 2 devolution deal which will provide powers and funding to enable Devon and Torbay to unleash its economic potential and in doing so level up, raise living standards for its communities and make a greater contribution to the UK economy. The Proposal shows how levelling up can be done in practice – with clear alignment to the 12 headline Levelling Up missions and the long-term, devolved funding underpinning it.
Combined County Authorities (CCAs) are a new model of devolution, outlined in the Levelling-up and Regeneration Act 2023. Establishing a CCA is a formal, legal step, allowing upper tier councils across the region to work more closely together in a more structured way. A CAA for Devon and Torbay would be a new statutory authority created to lead collaboration between councils and would act as the recipient of powers and funding from Government.
The creation of the proposed Devon and Torbay CCA (DT CCA) would not result in the merger or take-over of councils in the area nor would it require individual councils to give up their powers, except in the limited area of transportation where some specific powers would be transferred from the upper tier authorities to the CCA. The DT CCA would work as one democratically accountable body on key priorities such as economic development, housing and transport, enhancing the investment capability of the CCA area and individual authorities to support growth.
The DT CCA will become the Local Transport Authority (LTA) for the new combined county authority area and take on a strategic coordination role and accountability for associated responsibilities and local public transport powers. There may be some areas where functions are delegated to the constituent councils (i.e. Devon County Council and Torbay Council) where local decision making on specific matters is more appropriate.
We believe that establishing the DT CCA would enable us as a partnership to make a real difference to people’s lives, enabling us to tackle challenges (such as the shortage of affordable housing and a need for more investment to support local businesses) as well as providing Devon and Torbay with a stronger voice in Whitehall and the ability to influence policy for the benefit of our residents, communities and businesses.
Whilst the devolution of power and responsibilities would be to the DT CCA whose constituent members are the two upper tier local authorities, the Proposal respects the importance of the continued role of the district, borough and city councils[1] (shown in Figure 1 below) whose powers and functions remain intact and who can be given voting rights by the constituent members in respect of certain powers exercised by the DT CCA.
Key to map:
If devolution goes ahead, all local councils in Devon and Torbay will continue to exist as they do now. Councils will continue to have the responsibilities they do now (with the exception of some transport responsibilities currently held by the upper tier councils), providing vital services to their communities and championing their communities.
The devolution partners recognise that devolution is a journey, not a one-off event. This proposal is anticipated to be the first step in the process of further devolution. As institutions mature, they can gain greater responsibility and Devon and Torbay will be able to deepen its devolution arrangements over time, subject to Government agreement.
The area of Devon and Torbay benefits from encapsulating a broad and varied economic geography. Home to the city of Exeter, with its knowledge-led and high-value economy, and the towns of Torquay and Paignton, which combine high-value electronics and healthcare technologies with traditional strengths across the visitor economy, the area brings together a range of nationally significant businesses and assets, from Harland and Wolff to the Met Office. It also benefits from two world class universities and four nationally significant technical colleges which provide research and training excellence. The area is famous for its broader rural and coastal geography, with the majority of its population living within the stunning Devon landscape which incorporates two the national parks of Dartmoor and Exmoor. Home to around 30% of the UK’s dairy industry, with Brixham being one of England’s largest fishing ports by value of catch, the County is famous as an agricultural and food production hub.
This Proposal sets out how we can bring about significant changes across our whole area, focusing on growth, inclusivity, and levelling up. By gaining powers and funding from central Government, we can better support our residents, businesses, and communities.
The proposed DT CCA area will cover a population of 0.95 million people, which would be comparable to other areas in the South West region with devolution deals:
The proposed Deal will play a key role in driving new economic, social and cultural opportunities to ensure the area is better able to compete with other sub-regional economies.
The proposed CCA area of Devon and Torbay comprises the South West of England’s second largest economy, contributing over £17bn per annum into the UK economy overall. Located at the heart of the south west peninsula, and capturing the majority of the Devon functional economic area, the area contains around 17% of the South West’s population and 14% of its output, making it larger than the city of Bristol itself, or the economies of Liverpool or Sheffield.
Whilst the area has, however, outpaced national job growth by around 1% per annum over the past five years, the overall annual gap with UK GVA per head had widened to 29% by 2021, with Torbay amongst the worst performing areas in the country. Whilst centres like Exeter and North Devon have seen stronger performance, the area is typified by a significant intra district and area difference in economic performance across both its rural and urban areas.
Overcoming our transport challenges will help us unlock the area’s and region’s full economic potential, as well as boost its environmental and social wellbeing. Along with the rest of the peninsula, the area relies on a small number of strategic links of variable standards:
The proposed CCA area has an employment base of 953,000 people, with 49,535 business including 105 large employers. The area benefits from an incredibly diverse mixture of sectoral strengths, with significant concentration within a range of key sectors and business areas. These include:
In support of these core sectors, Devon and Torbay hosts a range of supporting capabilities and assets. Our two-world class universities (Exeter and Plymouth) and four good and outstanding colleges provide a strong backbone to our innovation ecosystem, reinforced by specialist assets such as Rothamsted Research in North Wyke. These are further supported by key assets such as Exeter Science Park and the Electronics and Photonics Innovation Centre (EPIC) in Torbay, providing dedicated space for sector innovation, workforce development, best practice sharing and development of agglomeration capabilities across and between our sectors.
The proposed CCA area is a highly functional economic geography, making up the majority of the previous Heart of the South West Local Enterprise Area. 90% of those who work in the area (around 500,000 residents) live within the area, with Torbay and Northern Devon’s districts having significant higher self-containment levels then the national average. Whilst the area is highly self-contained, its growing economy and changing demographic will mean it needs to continue to develop its links with its neighbours as well as develop its housing, training, leisure and employment mix over the next decade to remain attractive to those who live and work in, and visit, the area.
Whilst Devon and Torbay has a large working age population, the proportion of residents who are economically activity has both fallen with the impact of the pandemic and ongoing changes due to our aging population, with around 20% of its working age population outside employment. Uniquely however, unemployment is around 1% lower than the national average across the area, with the majority of those outside of economic activity in Devon and Torbay of working age due to long term health conditions and personal preference as opposed to a lack of available opportunities as in other areas.
As such, labour demand in the local area continues to be relatively high when compared with the rest of the UK, with an average of 16,000 jobs per month advertised across the CCA area in the three months to December 2023.
There is a growing housing affordability problem across the area: the average house price of £321,000 is over ten times the average salary. The private sector long term rental market has collapsed with stock levels falling by around 50% between 2019 and 2021. There has been a significant increase in parts of the area in the number of properties used as holiday lets: there are particular hot spots that have seen communities hollowed out by second home and holiday accommodation. In late 2021 local authorities across the area declared a housing crisis and in response, formed a member-led Task Force.
Improvements in productivity can help to lift wages and provide high quality jobs across all parts of the Country. Across the Devon and Torbay area however there has been a long-standing gap in productivity per head when compared to England as a whole.
Despite a rise in per head productivity of around 50% since 2004, the gap with GVA per head has widened over the past 10 years by around 5%, to 70.7% of the national average in 2021. This gap is most notable within Torbay and West Devon, where GVA per head is now amongst the lowest in the Country. However, the area is typified by high levels of variability around productivity, with the GVA per head of Exeter roughly twice that of its peers, and broadly aligned with the national picture.
The skills and pay picture within the Devon and Torbay area is similarly diverse. On average, those qualified to both NVQ Level 2 and Level 3 was broadly aligned with the UK average, though the area does trail on the number of individuals holding a degree by around 4%.
Similarly, average weekly pay in Devon and Torbay in 2023 was roughly 10% lower than the national average, but broadly aligned with the averages for other regions and CCA areas outside of London (broadly equivalent to Manchester and West Midlands). However, within the area, Devon and Torbay includes some of the most significant intra-area disparities within the Country. Weekly pay within East Devon for example was approximately £100 higher per week then within Torbay in 2023, whilst the number of people with a Level 4 qualification in Torridge in 2022 was just 21.9% compared to 49% in Exeter.
As a devolved administration, the CCA will seek to support local areas and businesses with this challenge, seeking to enhance skills and qualification performance, improve workforce participation and skill levels, assist with business productivity and efficiency, and seek to contribute to improved earnings and standards of living across our communities.
The proposed CCA area is extremely varied in terms of deprivation.
Whilst overall only 8% of its neighbourhoods are within the bottom 20% of the most deprived neighbourhoods in England, this rate increase to 27% within Torbay and 14% in Northern Devon. This includes 17 areas in the bottom 10%, and one (within Torbay) in the bottom 200 places in the Country (out of over 36,000).
On a district level basis, Torbay is within the bottom 10% of all districts in the county, with North Devon within the bottom 20%.
The Devon and Torbay area also features highly amongst individual deprivation measures, with several of the Country's most difficult locations in terms of access to services within our rural and coastal communities, significant challenges in North Devon and Torridge around educational performance and progression, and ongoing challenges around housing affordability and availability across the entire area.
We aim to achieve the following benefits for our residents and the DT CCA area as a whole:
We will make sure we have the skilled workforce our local economy needs for the future. We’ll work to secure new investment to help create additional high value jobs.
With a population of 953,000 residents and goods and services worth over £17 billion produced every year, Devon and Torbay offers enormous potential. We are home to nearly 50,000 businesses that provide around 473,000 jobs.
Across the area there are a range of significant sectors with potential for growth:
This is on top of our traditional strengths in areas such as tourism and agritech and food production.
But we know that we face challenges which impact on our productivity levels and the ability to grow. We believe that this Proposal will help us to maximise our potential in the following areas:
Skills and Education
The CCA will have direct control of adult education with the ability to create up to 50,000 new training and retraining opportunities by 2030. Through Local Skills Improvement Plans, Devon and Torbay councils will work with business and education leaders to create a stronger, joined up relationship between employers and schools, colleges and universities to provide the skilled workforce our local economy needs for the future.
Supporting local business
Over the past decade we have worked in close collaboration with Government, businesses, universities and colleges, and wider public and private sector partners to successfully secure new investment and create a range of additional high value jobs.
We want to sustain this approach through the new arrangements. We want to accelerate delivery of our ambition for our most promising sectors.
As a priority, we want to explore opportunities to support regional research and innovation strengths in the environmental intelligence and clean marine sectors.
In partnership, we will deliver investment in affordable housing schemes for local people, reducing homelessness. Greater Community Land Trust-led delivery will support rural and coastal affordable housing delivery.
Devon and Torbay is made up of mix of urban, rural and coastal communities, with the majority of its population living within the stunning Devon landscape which incorporates the two national parks of Dartmoor and Exmoor. Our local communities face specific pressures around housing affordability and availability. This is particularly acute amongst younger people within the area, where these challenges create barriers to progression, retention and community growth.
We already have a range of powers that allow us to work together to improve local housing conditions. We are working with partners through the Devon Housing Task Force to explore potential areas for additional progress.
We believe this Deal will deliver a stronger partnership with Homes England, capitalising on the Affordable Housing Programme and Brownfield Infrastructure and Land Fund to create a shared investment pipeline of affordable housing schemes for local people.
We will strengthen our joined-up approach as equal partners, helping to improve the efficiency and co-ordination of public transport. Shared responsibility for strategic transport will support economic growth.
Devon County Council and Torbay Council have a long history of working well together on transport issues with a Joint Devon and Torbay Local Transport Plan already in place. As the upper tier authorities on the new CCA, we will strengthen this joined up approach as equal partners, taking shared responsibility for strategic transport functions to support economic growth.
We will work to improve the efficiency and co-ordination of public transport including providing a single ticketing system for travellers and investment in services to provide greater access to public transport.
We believe that this will give Devon and Torbay a stronger voice within Government on future investment and policy that is vital to the prosperity of our communities.
Where practical, the CCA will work towards streamlining Devon and Torbay’s engagement with commercial bus operators and coordinate existing separate arrangements into a single Enhanced Partnership. If the CCA considers that bus franchising is likely to deliver better outcomes, Government will consider conferring franchising powers to the CCA.
The CCA will work with Active Travel England to improve the design quality of all active travel schemes funded both by the Government and locally.
We will unlock Devon and Torbay's huge green economic potential, with more investment in green business growth and attracting inward investment to the area. Our transition to a net-zero economy will be accelerated, capitalising on our area's world-leading expertise in green science and technology.
Local leaders are well placed to engage with all part of their communities and to understand local policy, political, social and economic nuances relevant to climate action in the area.
From the £16 million of new Government funding which the CCA will receive, funding will be made available to invest in green jobs, homes, skills and business growth, accelerating Devon and Torbay's transition to a net-zero economy, and capitalising on our area's world-leading expertise in green science and technology, in this spending review period.
It will help unlock Devon and Torbay's huge green economic potential, with more investment in green business growth, creating hundreds of new jobs, skills and thousands of training opportunities.
There will be local democratic accountability for big investment decision in the local economy. Business and skills representatives will have a strong voice and a direct route to locally-elected decision-makers.
The proposed Deal promises to bring greater local control over decisions which impact our businesses and residents. It also transfers new and existing Government funding to Devon and Torbay to help tackle key local priorities.
Devon County Council and Torbay Council will create a fully devolved funding programme covering all budgets for the devolved functions of the Combined County Authority (CCA). The CCA will have the flexibility to secure private and public sector funding as appropriate.
As part of our joint working, Devon County Council and Torbay Council have agreed that they will work together to ensure no area should be worse off as a result of the creation and work of the Devon and Torbay CCA.
The costs of establishing the CCA will be met from the overall resources of the CCA. The Government will provide £1 million of capacity funding over three years to support the Devon and Torbay CCA in the early stages of the Deal.
We will support high growth business sectors such as marine engineering, defence, photonics and digital, as well as our traditional strengths of tourism, agritech and food production. Through creating a strong and sustainable local economy, we can increase productivity and pay across Devon and Torbay.
Devon and Torbay benefits from a range of significant sector opportunities with the potential to transform its local economy. Working in close collaboration with Government, the area’s local authorities, businesses, universities and colleges, and wider public and private sector partners have been successful over the past decade in securing substantive new investment and creating a range of additional high value jobs.
Partners within Devon and Torbay recognise the importance of sustaining this approach through new arrangements, with the transition from the Local Enterprise Partnership offering an opportunity to continue to work closely with the business community, universities and colleges, and wider partners around accelerating the area’s ambitions for its most promising sector opportunities.
Our Proposal is based on the four principles for levelling up set out in the Levelling Up White Paper:
With a further five local principles:
Work is currently underway to define the intended operation and delivery arrangements for the proposed CCA. The proposed CCA would build upon existing structures and expertise to deliver the ambitions we have described.
The constituent councils of Devon and Torbay have a history of working well together including having come together, along with other local authorities in the region, to explore the potential for devolution and improved local leadership in 2016.
To complement this approach, local authority partners within Devon came together in 2018 to form the Team Devon partnership. The County Council, Devon’s district councils and wider county stakeholders (including Devon’s two national parks and the Devon Association of Local Councils which represents Devon’s town and parish councils) formed an informal partnership which allowed for the pursuit and discussion of shared matters.
We recognise that Devon and Torbay is a diverse place and the proposed CCA will deliver our shared vision and outcomes via targeted investment and support that acknowledges our geographic difference and similarities. The needs of Devon and Torbay and the projects to address these needs are not all area-wide.
Some priorities may be focused on our urban areas and/or our market towns and/or our rural areas and/or our coastal areas, recognising that new investment should be able to deliver regional-wide benefits.
The proposed CCA would have up to 12 Members in total, comprising:
The six constituent members would have full voting rights. In accordance with the Levelling-up and Regeneration Act 2023, the proposed CCA would have the power to grant voting rights to the non-constituent members. The responsibility for agreeing any such rights would rest with the constituent members of the CCA and would be set out in the CCA’s constitution. The Levelling-up and Regeneration Act 2023 does not allow associate members to vote.
There are eight District Councils within the proposed CCA area. The Districts would be invited to nominate two individuals to represent their interests on the proposed CCA as non-constituent members.
It has been agreed that a Team Devon joint committee will be established under Sections 101 to 103 of the Local Government Act 1972 and all other enabling legislation. Members of the Team Devon joint committee will include representatives of Devon County Council; the City, District and Borough Councils in the Devon area; the National Park Authorities and the Devon Association of Local Councils. The terms of reference of the Team Devon joint committee will enable it to have a voice and establish a collective position in the CCA.
The VCSE sector will have an important role to play across the CCA and in the work of its Overview & Scrutiny and Audit Committees. The CCA will ensure that VCSE organisations are represented, as appropriate, on the advisory groups to reflect the contribution of charities, community interest companies and social enterprises to local transport, skills, affordable housing, net zero, regeneration, digital skills and community resilience.
The CCA will work with health care providers and commissioners as part of the integrated care system in improving and reforming the delivery of services, and supporting residents with multiple complex needs.
The voice of business will be a critical component in the proposed CCA, given that a key area of focus would be economy, industry, and business. The proposed CCA will appoint an Associate Member who can represent the views of business on the proposed CCA.
This function of the Heart of the South West Local Enterprise Partnership, insofar as it is relates to Devon and Torbay, will be integrated into the proposed CCA, through the creation of a Devon and Torbay Business Advisory Group.
The Advisory Group would not be a committee of the proposed CCA, but it would be part of the formal governance arrangements and would exist to provide advice to the proposed CCA on all issues of business and economy relevant to the proposed CCA. The proposed CCA would then appoint the Advisory Group to the proposed CCA as the Associate Member representing the views of business on the proposed CCA.
The voice of the skills and education sector is the second critical component in the proposed CCA. The proposed CCA will appoint an Associate Member as a skills representative.
A Skills and Employment Advisory Group will be created. It would not be a committee of the proposed CCA but it would be part of the formal governance arrangement and would exist to provide advice to the proposed CCA on skills and employment matters. The proposed CCA would then appoint the Chair of the Skills and Employment Advisory Group as the Associate Member representing the views of the skills and education sector.
The proposed CCA, in partnership with Government, will ensure that the Devon and Cornwall Police and Crime Commissioner (PCC) is invited to attend and participate in CCA meetings as a non-constituent member. This will ensure close collaboration and productive joint working between the CCA and PCC.
There would be one remaining potential space for a further non-constituent member. This would be determined by the proposed CCA itself.
The provisions of the proposed devolution deal enable Plymouth City Council to apply to join the DT CCA at some point in the future should it wish to do so.
On day one the functions of the proposed CCA that will be exercisable include:
The proposed CCA would prescribe voting requirements in its Constitution, but the following principles are intended to be applied:
Decision making will be split between reserved and general matters. Decisions on reserved matters will be for constituent members only and will require a simple majority of constituent council members to vote in favour.
Matters reserved for the constituent councils would include:
Of those matters reserved for the constituent councils, the following will require both Lead Members to vote in favour in addition to a simple majority:
The following decisions would require the consent of the Lead Member of the relevant Constituent Council, or substitute members acting in their place, in whose area the decision will apply:
The CCA will determine how it will deal with voting and decision-making between the CCA’s membership on general matters, for example local policy and strategy making, as part of its broader Constitution.
The proposed CCA may choose to establish advisory groups. Advisory groups would be formally constituted which would form part of the operation of the proposed CCA, but which have no formal decision-making powers. The CCA could consider establishing groups for:
The CCA will consider whether additional advisory groups focussed on other issues are required. The role of any advisory groups established would be to advise the proposed CCA on the exercise of functions in their areas of expertise.
The proposed CCA would be required to have an Overview and Scrutiny Committee.
The role of the Overview and Scrutiny Committee is to monitor the decision making of the CCA to ensure that the decision making is appropriately focussed on community needs, and that high quality delivery is taking place for the benefit of the proposed CCA area.
In accordance with the Levelling-up and Regeneration Act 2023 and given the role of the Committee, its membership must involve different individuals than those who are Members of the proposed CCA.
The political balance of the Overview and Scrutiny Committee will reflect the political balance of the Constituent Councils. It will include at least two members nominated from each Constituent Council as well as representatives from the District Councils.
Further, the proposed CCA would consider how to best ensure wider relevant partners (such as from the business, education and community sectors) are represented effectively on the Committee.
The chair and vice chair of the Overview and Scrutiny Committee will be appointed by the CCA, following a proposal put to them by the Overview and Scrutiny Committee in question. The chair and vice chair shall not be a member of a registered political party of which their respective constituent Lead Member of the CCA is also a member.
The proposed CCA would be required to have an Audit Committee. The role of the Audit Committee is to support and monitor the authority in the areas of governance, risk management, external audit, internal audit, financial reporting, and other related areas to ensure that the financial and governance decision making position of the proposed CCA is sound.
As with the Overview and Scrutiny Committee, this means that at least two members of the Audit Committee would be nominated from each Constituent Council of the proposed CCA. At least one member would be nominated by the District Councils.
There would be a requirement for political balance on the Committee to reflect the political balance of the Constituent Councils.
There is a requirement for the Chair of the Audit Committee to be an independent person, who is not otherwise involved in the proposed CCA. Again, the Levelling-up and Regeneration Act 2023 requires that members of the Audit Committee must not be the same individuals as those representatives who are members of the proposed CCA.
The proposed CCA will ensure that the Audit Committee has the right people to ensure effective oversight of the adequacy of the proposed CCA’s overall assurance arrangements, and scrutiny of financial decision making by the proposed CCA.
If the decision is taken by the Secretary of State to establish the proposed CCA then the Establishment Order will indicate that the proposed CCA will be funded by the two Constituent Councils. Funding has been secured as part of the deal from central Government to cover the financial years 2024/25, 2025/26 and 2026/27. In addition, the proposed CCA would consider whether to seek the power to borrow and explore the extent of these powers. In practice it is expected that the running costs of the proposed CCA will be met by either continued central Government support or with funding from the Constituent Councils. The proposed CCA will not have the power to raise a precept. That means it will not be able raise money through increasing Council Tax.
The general powers the proposed CCA is intended to have around finance and funding are expected to be substantially the same as local authorities enjoy generally.
The statutory instrument (SI) which may create the proposed CCA will set out the position on members allowances. The Department of Levelling Up, Housing and Communities (DLUHC) have indicated that the SI will provide that allowances will be payable as follows:
More information is available on the Devon and Torbay Devolution Deal website.
It is important to note that transition to the proposed CCA is dependent on a number of factors:
The transition to a formal CCA during Autumn/Winter 2024 is planned to be in three stages:
Any transitional arrangements would only be considered following decisions by the Councils to progress advancing the Proposal for the establishment of a CCA to the Secretary of State for consideration.
If it is decided to submit a proposal, then this stage will involve:
In this and subsequent stages, the relationship between the future CCA and existing local authorities (and other stakeholders) will be developed to ensure effective and constructive governance.
In this stage, the focus will be on working as a shadow organisation and making preparations for the formal CCA. It is important to note that this shadow organisation will not be a new legal entity and therefore any activities (such as employing people or financial accountability) will be done by the existing local authorities.
Functions at this stage will involve:
In this stage, which would follow the laying of the necessary Statutory Instrument, the constituent councils will begin to formally meet as a Combined County Authority, informed by the preparation and planning undertaken in the previous two stages.
It will begin to deliver on the objectives and ambitions of this proposal:
Set out below is a table of the powers which the Constituent Councils are proposing are available to the Combined County Authority (CCA). The powers are those which the Constituent Councils believe are needed to enable the CCA to deliver the purposes outlined in this proposal. In considering our proposal the Government, and in particular, specialist legislative counsel, will review the table below and some of the detail set out may be required to change as a consequence of enactment of the Levelling-up and Regeneration Act, the drafting of establishment orders, and other consequential amendments to existing powers for combined authorities. The scope of powers to be available, and the broad terms of the exercise of those powers are unlikely to change; and in any event, the powers will not go beyond the scope set out in the governance section of this proposal, and the Devolution Deal.
Legislative Provisions | From | Concurrent exercise? | Consent | Voting |
---|---|---|---|---|
S1 Localism Act 2011 General Power of Competence (in relation to economic regeneration) | All LA’s | Yes | No | Simple majority |
Local Authorities (members allowances) (England) Regulations 2003 Reg 20 | n/a | No | No | Simple majority |
Legislative Provisions | From | Concurrent exercise? | Consent | Voting |
---|---|---|---|---|
Local Democracy, Economic Development and Construction Act 2009 Section 69 | Upper tier Councils | Yes | No, this will be reserved decision to constituent council’s with a requirement to consult and seek the participation of the districts and city. | Simple majority |
Crime and Disorder Act 1998 Section 17A | Upper tier Councils | Yes | No | Simple majority |
Local Government Act 1972 Sections 113, 142(2), 144, 145 and 222 | All Local Authority’s (LAs) | No (but LAs do not lose powers) | No | Simple majority |
Local Government Act 1985 Section 88 (1) and 88 (2) | All LAs | No | No | Simple majority |
Local Government and Housing Act 1989 Section 13 | Applies to all powers conferred on any relevant authority by s102(7) of the Local Government Act 1972 | N/a -this relates to voting right, rather than exercise of powers | No | N/A – no voting |
Local Government Pension Scheme Regulations 2013 | N/a - provision for pension arrangements | No- pensions are provided by pensions and the administering authority is Devon County Council | No | N/A – no voting |
Local Government Act 2003 Section 31 | Minister | Yes | Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. | Simple majority |
Legislative Provisions | From | Concurrent exercise? | Consent | Voting |
---|---|---|---|---|
Apprenticeships, Skills, Children and Learning Act 2009 Sections 86 and 87, 88, 90 and 100(1) | Secretary of State functions | Section 86, 87 and 88 are transferred. Sections 90 and 100(1) are exercised concurrently with Secretary of State | None specified | Simple majority |
Education Act 1996 Sections 13A, 15ZA, 15ZB and 15ZC | Upper tier Councils | Yes | None specified | Simple majority |
Education and Skills Act 2008 Sections 10, 12, 68, 70, 71 and 75 | Upper tier Councils | Yes | None specified | Simple majority |
Further and Higher Education Act 1992 Section 51A | Upper tier Councils | Yes | None specified | Simple majority |
Legislative Provisions | From | Concurrent exercise? | Consent | Voting |
---|---|---|---|---|
Town and Country Planning Act 1990 Sections 226, 227, 229, 230, 232, 233, 235, 236, 238, 239 | LPA (Local Planning Authority) powers | Yes |
|
Simple majority |
Housing and Regeneration Act 2008 Sections 5, 6, 7, 8, 9, 10, 11, 12, 19, paragraphs 19 and 20 of schedule 3 and paragraphs 1, 2, 3, 4, 6, 10 and 20 of Schedule 4 | Homes England powers | Yes |
|
Simple majority |
Housing Act 1985 Sections 8, 11, 12, 17 and 18 | City Council and District powers | Yes |
|
Simple majority |
Legislative Provisions | From | Concurrent exercise? | Consent required before exercise | Voting | When? |
---|---|---|---|---|---|
Local transport plans and bus strategies (sections 108, 109 and 112) (sections 110 to 11 repealed) Bus services: advanced quality partnership schemes (sections 113C to 113O) Bus services: quality partnership schemes (sections 114 to 123) Bus services franchising schemes (sections 123A to 123X) Bus services: advancing ticketing schemes (sections 134C to 134G) Bus services: ticketing schemes (sections 135 to 138) Bus services: enhanced partnership plans and schemes (sections 138A to 138S) Bus services: provision of information (section 139 to 141A) Bus services: miscellaneous (sections 142 to 143B) Financial and competition provisions (sections 152 to 159 (156 and 158 repealed) Supplementary (Section 160 to 162) |
A local transport authority or local transport authorities or a district council or a Passenger Transport Executive (as applicable) |
The following are concurrent during the transition period:
|
Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent | Unanimous for s108-113 Otherwise, simple majority | From Establishment and on an ongoing basis |
Chapters 2 and 3 of Part 3 (Workplace parking levy, General and supplementary) and Workplace Parking Levy (England Regulations 2009) | Not a CCA matter to remain with the constituent Local Authorities | n/a | n/a | n/a | n/a |
Legislative Provisions | From | Concurrent exercise? | Consent required before exercise | Voting | When? |
---|---|---|---|---|---|
Section 6 Highways Act 1980 (Delegation etc. of functions with respect to trunk roads etc) | Public Authority Minister of Crown [or strategic highway company] | With Constituent Councils | Only exercisable with the consent of the affected Constituent Council. Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. | Simple majority voting but the agreement of the Constituent Council would be needed before vote. | From Establishment and on an ongoing basis. |
Sections 8 (Agreements between local highway authorities [and strategic highways companies] for certain works) | Local Authority Local highway authorities [and strategic highway companies] | With Constituent Councils | Only exercisable with the consent of the affected Constituent Council. Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. | Simple majority voting but the agreement of the Constituent Council would be needed before vote. | From Establishment and on an ongoing basis. |
Legislative Provisions | From | Concurrent exercise? | Consent required before exercise | Voting | When? |
---|---|---|---|---|---|
Part 4 Transport Act 1985 Passenger Transport Areas (section 57 to 62) (* - in relation to sections 65 to 71 only) Passenger Transport in other areas (sections 63 to 71) Further Provisions (sections 72 to 79) Miscellaneous (section 80 to 87) |
In a nonmetropolitan county in England and Wales, the county council, a nonmetropolitan district council in England, Passenger Transport Executive for any integrated transport area, council operating a bus undertaking, public transport company or its controlling authority, a Passenger Transport Executive or a council or local authority. | Yes to run concurrent during the transition period | In respect of all powers: Where exercise of power will result in financial liability of a constituent council, that constituent council must consent. | Simple majority | From Establishment and on an ongoing basis. |
Legislative Provisions | From | Concurrent exercise? | Consent required before exercise | Voting | When? |
---|---|---|---|---|---|
[* - in relation to section 88 only] Expenditure on public passenger transport services (sections 88 to 92) * Travel Concession Schemes (sections 93 to 101 (102 repealed)) Travel concessions apart from schemes (sections 103 to 105) Grants for transport facilities and services (sections 106 and 106A) |
Any authority responsible for expenditure on public local transport, any local authority or any two or more local authorities acting jointly, Passenger Transport Executive, a county or district council operating any public passenger transport service, a parish council or community council, the Secretary of State |
The following are concurrent during the transition period:
|
In respect of all powers: Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent In addition: during transition period s88 only exercisable with consent of Constituent Council. | Simple majority | From Establishment and on an ongoing basis. |
Legislative Provisions | From | Concurrent exercise? | Consent required before exercise | Voting | When? |
---|---|---|---|---|---|
Part 3 Permit Schemes Section 33, Section 33A, Section 36 | Local Highway Authorities | Concurrent and continuing | Only exercisable with the consent of the affected Constituent Council(s). Where exercise of power will result in financial liability of a constituent council, that constituent council must consent. | Simple majority | From Establishment and on an ongoing basis. |
Part 6 (Civil Enforcement of Traffic Contraventions) and paragraph 10 (designation of civil enforcement areas for moving traffic contraventions) of Schedule 8 (civil enforcement areas and enforcement authorities outside Greater London) | Enforcement Authority | Concurrent and continuing | Only exercisable with the consent of the affected Constituent Council(s). Where exercise of power will result in financial liability of a Constituent Council, that Constituent Council must consent. | Simple majority | From Establishment and on an ongoing basis. |
[1] East Devon District Council, Exeter City Council, Mid Devon District Council, North Devon District Council, South Hams District Council, Teignbridge District Council, Torridge District Council and West Devon Borough Council