The East Midlands Combined County Authority Regulations 2024

Regulation 4

SCHEDULE 1 E+W Constitution

Membership E+W

1.—(1) Subject to sub-paragraph (4), the Combined County Authority is to have eight members in addition to the Mayor as provided for in the following sub-paragraphs.

(2) Each of the constituent councils must appoint two of its elected members to act as members of the Combined County Authority.

(3) Each constituent council must designate one of the members appointed under sub-paragraph (2) to act as lead member.

(4) Each constituent council must appoint another two of its elected members to act as a member of the Combined County Authority in the absence of either of the members appointed under sub-paragraph (2) (“the substitute member”).

(5) A person ceases to be a member or substitute member of the Combined County Authority if they cease to be a member of the constituent council that appointed them.

(6) A person may resign as a member or substitute member of the Combined County Authority by written notice served on the proper officer of the constituent council that appointed them, and the resignation takes effect on receipt of the notice by the proper officer of the council.

(7) Where a member or substitute member of the Combined County Authority’s appointment ceases by virtue of sub-paragraph (5) or (6) the constituent council that made the appointment must, as soon as practicable, give written notice of that fact to the Combined County Authority and appoint another of its elected members in that person’s place.

(8) A constituent council may at any time terminate the appointment of a member or substitute member appointed by it to the Combined County Authority and appoint another one of its elected members in that person’s place.

(9) Where a constituent council exercises its power under sub-paragraph (8), it must give written notice of the new appointment and the termination of the previous appointment to the Combined County Authority and the new appointment takes effect and the previous appointment terminates at the end of one week from the date on which the notice is given or such longer period not exceeding one month as is specified in the notice.

(10) For the purposes of this paragraph, an elected mayor of a constituent council is to be treated as a member of the constituent council.

Commencement Information

I1 Sch. 1 para. 1 in force at 28.2.2024, see reg. 1(2)

Non-constituent and associate members E+W

2.—(1) The Combined County Authority must have no more than eight non-constituent members and associate members.

(2) Each nominating body of the Combined County Authority must nominate another person to act as the member of the Combined County Authority in the absence of the member appointed under section 11(3) of the 2023 Act (non-constituent members of a CCA).

(3) An associate member appointed under section 12(1) of the 2023 Act (associate members of a CCA) must nominate another person to act as a member of the Combined County Authority in their absence.

Commencement Information

I2 Sch. 1 para. 2 in force at 28.2.2024, see reg. 1(2)

Proceedings E+W

3.—(1) Subject to the following sub-paragraphs, any question that is to be decided by the Combined County Authority is to be decided by—

(a) a vote of the members of the Combined County Authority, and any substitute members acting in place of members of the Combined County Authority, and the Mayor or the deputy mayor acting in place of the Mayor present and voting on that question at a meeting of the Combined County Authority, and

(b) a majority of those voting that includes the Mayor, or the deputy mayor acting in place of the Mayor.

(2) No business may be transacted at a meeting of the Combined County Authority unless the following persons are present—

(a) the Mayor or the deputy mayor acting in place of the Mayor, and

(b) at least three members of the Combined County Authority appointed by constituent councils under paragraph 1(2), or substitute members acting in their place.

(3) Where the deputy mayor is acting in the place of the Mayor they cannot also act in their capacity as a member of the Combined County Authority.

(4) The Mayor, and each member of the Combined County Authority appointed by a constituent council, or substitute member acting in that member’s place, is to have one vote.

(5) Neither the Mayor nor any member or substitute member is to have a casting vote.

(6) If a vote is tied on any matter it is deemed not to have been carried.

(7) For questions relating to the following matters, the majority under sub-paragraph (1)(b) must include all lead members designated by the constituent councils under paragraph 1(3) or, where any substitute members are acting in place of lead members, all lead members and all such substitute members—

(a) approval or amendment of a budget;

(b) the setting of any transport levy under section 74 of the Local Government Finance Act 1988 and in accordance with regulations made thereunder; and

(c) such other plans and strategies as may be determined by the Combined County Authority and set out in its standing orders.

(8) The proceedings of the Combined County Authority are not invalidated by any vacancy among its members or substitute members or by any defect in the appointment or qualifications of any member or substitute member.

Commencement Information

I3 Sch. 1 para. 3 in force at 28.2.2024, see reg. 1(2)

Records E+W

4.—(1) The Combined County Authority must make arrangements for the names of members and substitute members present at any meeting to be recorded.

(2) Minutes of the proceedings of a meeting of the Combined County Authority, or any committee or sub-committee of the Combined County Authority, are to be kept in such form as the Combined County Authority may determine.

(3) Any such minutes are to be signed at the same or next suitable meeting of the Combined County Authority, committee or sub-committee as the case may be, by the person presiding at that meeting.

(4) Any minute purporting to be signed as mentioned in sub-paragraph (3) is to be received in evidence without further proof.

(5) Until the contrary is proved, a meeting of the Combined County Authority, committee or sub-committee, a minute of whose proceedings has been signed in accordance with this paragraph, is deemed to have been duly convened and held, and all the members and substitute members present at the meeting are deemed to have been duly qualified.

(6) For the purposes of sub-paragraph (3) the next suitable meeting is the next following meeting or, where standing orders made by the Combined County Authority provide for another meeting of the authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.

Commencement Information

I4 Sch. 1 para. 4 in force at 28.2.2024, see reg. 1(2)

Standing orders E+W

5.  The Combined County Authority may make standing orders for the regulation of its proceedings and business and may vary or revoke any such orders.

Commencement Information

I5 Sch. 1 para. 5 in force at 28.2.2024, see reg. 1(2)

Remuneration E+W

6.  Subject to paragraphs 7, 8 and 9 no remuneration is to be payable by the Combined County Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme drawn up by the Combined County Authority.

Commencement Information

I6 Sch. 1 para. 6 in force at 28.2.2024, see reg. 1(2)

7.—(1) The Combined County Authority may establish an independent remuneration panel to recommend a scheme to the Combined County Authority regarding the allowances payable to—

(a) the Mayor;

(b) the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent council;

(c) independent persons appointed under article 5 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017(1); and

(d) members of the overview and scrutiny committee and members of the audit committee.

(2) An independent remuneration panel must consist of at least three members none of whom—

(a) is also a member of the Combined County Authority or is a member of a committee or sub-committee of the Combined County Authority or a member of a constituent council of the Combined County Authority or a member of a district council; or

(b) is disqualified from being or becoming a member of the Combined County Authority.

(3) The Combined County Authority may pay the expenses incurred by the independent remuneration panel established under paragraph (1) in carrying out its functions and may pay the members of the panel such allowances or expenses as the Combined County Authority may determine.

Commencement Information

I7 Sch. 1 para. 7 in force at 28.2.2024, see reg. 1(2)

8.  The Combined County Authority may only pay an allowance to the people listed in paragraph 7(1)(a) to (d) if the Combined County Authority has —

(a) considered a report published by the independent remuneration panel established under paragraph 7(1) which contains recommendations for such an allowance; and

(b) approved a scheme for the payment of the allowance providing that scheme does not provide for the payment of allowances of an amount in excess of the amount recommended by the independent remuneration panel.

Commencement Information

I8 Sch. 1 para. 8 in force at 28.2.2024, see reg. 1(2)

9.  The Combined County Authority must consider a report from the independent remuneration panel before approving a scheme under paragraph 7.

Commencement Information

I9 Sch. 1 para. 9 in force at 28.2.2024, see reg. 1(2)

(1)

S.I. 2017/68, as amended by S.I. 2024/XXXX.