Council - 15/10/2019

Sandwell

Metropolitan Borough Council

Agenda Item 8

Sandwell Metropolitan Borough Council

15 October 2019

Subject:

Reports from the Council’s representatives on
the West Midlands Fire and Rescue Authority,
Transport for West Midlands, Police and

Crime Panel and West Midlands Combined
Authority

Director:

Surjit Tour - Director of Law and Governance
and Monitoring Officer

Contribution towards Vision
2030:

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Contact Officer(s):

Trisha Newton

0121 569 3193

_ DECISION RECOMMENDATIONS _

1. That the reports from the Council’s representatives on the West
Midlands Fire and Rescue Authority, Transport for the West Midlands,
Police and Crime Panel and West Midlands Combined Authority be
received.

1 PURPOSE OF THE REPORT

The Council, at its annual meeting on 24 May 2011, approved an
arrangement whereby members nominated pursuant to Section 41 of the
Local Government Act 1985 to answer questions on the discharge of the
functions of any joint authority or any joint board of which the Council is a
constituent authority (Section 41 members) would report to the Council
twice a year on important and contentious matters relating to the joint
authority/board, and on any other occasion by exception. Procedural
Standing Orders provide that any member of the Council shall be entitled
to ask questions of the relevant members and the Council on these
reports.

Reports are attached in respect of the West Midlands Fire and Rescue
Authority (Councillor Edwards), Transport for the West Midlands
(Councillor Akhter), West Midlands Police and Crime Panel (Councillor
Y Davies) and West Midlands Combined Authority (Councillor Y Davies).

2 IMPLICATIONS FOR SANDWELL’S VISION

2.1 The involvement of Council representatives in the decision making

process of joint authorities will encourage better understanding of local
and wider needs and viewpoints.

3 LEGAL AND GOVERNANCE CONSIDERATIONS

3.1 Under Section 41 of the Local Government Act 1985, arrangements have
been made for enabling questions on the discharge of a joint authority’s
functions to be put in the course of the proceedings of any constituent
district council. A member is nominated by the joint authority for that
purpose (the Section 41 member).

It is customary for the Council to receive six monthly reports from those
members appointed pursuant to Section 41 of the Local Government Act
1985 to answer questions put to them at council meetings relating to the
discharge of functions of joint authorities. This was the case in respect of
the West Midlands Police Authority until the Police and Crime
Commissioner [PCC] took office on 22 November 2012. The West
Midlands Police Authority ceased to exist at that point. The West
Midlands Police and Crime Panel, on which the Council is represented,
now holds the Police and Crime Commissioner to account.

Surjit Tour

Director of Law and Governance and Monitoring Officer