The Sussex and Brighton Combined County Authority Regulations 2026
These Regulations establish the Sussex and Brighton Combined County Authority (CCA), encompassing Brighton and Hove City Council, East Sussex County Council, and West Sussex County Council, as a body corporate effective from the date the regulations were made, with mayoral functions commencing from May 2028.
The CCA is granted concurrent functions related to local transport planning, data sharing for crime reduction, and economic development, alongside powers for the authority to pay grants.
The regulations define the constitution of the CCA, mandate its funding through contributions from constituent councils based on population share, and set out the election cycle, term of office, and executive powers of the directly elected Mayor.
Arguments For
Establishes a unified governance structure (CCA) for Brighton and Hove, East Sussex, and West Sussex, aiming to improve economic, social, and environmental well-being across the region, as mandated by the 2023 Act.
Centralizes key transport planning functions (Local Transport Plans) under the CCA, ensuring coordinated regional strategy and potentially leading to operational efficiencies and cost reductions in the public sector.
Introduces a directly elected Mayor in 2028 with specific executive powers over transport planning and grant-making, providing clear regional leadership and accountability for these functions.
Ensures financial stability by mandating that constituent councils fund the CCA's operational costs based on resident population proportions, subject to mayoral expenditure agreements.
Grants the CCA concurrent powers for data sharing concerning crime and disorder reduction, and general competence for economic development and regeneration, supporting integrated policy delivery.
Arguments Against
Shifts existing statutory functions from established local authorities (the constituent councils) to a new corporate body, potentially creating bureaucratic overlap or governance complexity during the transition period before the Mayor's election in 2028.
The initial funding model relies on mandatory contributions from constituent councils based on population, which may cause financial strain if agreed-upon cost allocations or mayoral expenditure proposals are contested.
Introducing a politically restricted role (Mayor's Political Adviser) under the CCA structure mirrors existing local government rules but adds another layer of political staffing potentially increasing administrative overhead.
Key mayoral functions related to transport and grant-making only become active after the 2028 election (Part 5 commencement), meaning the initial multi-council structure operates with limited executive powers.
The process requires the constituent councils to consent to the regulations, which might represent a compromise where individual council priorities are subsumed under a broader, externally driven regional agenda.
2026 No. 362
LOCAL GOVERNMENT, ENGLAND
TRANSPORT, ENGLAND
The Sussex and Brighton Combined County Authority Regulations 2026
25th March 2026 ----Made
Coming into force in accordance with regulation 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 3(5)(b) of the Local Audit and Accountability Act 2014( a ) and sections 9(1), 10(1) and (4), 13(1), (2) and (3), 16(1), 18(1), (3), (4) and (5), 19(1), (2) and (3), 27(1), 30(1), (7), (9), (10), 32(1) and (2), 52(1), 53(1), 252(1) and (2) of, and paragraph 3 of Schedule 1 and paragraph 3 of Schedule 2 to, the Levelling-up and Regeneration Act 2023( b ) ('the 2023 Act').
In making these Regulations, the Secretary of State-
- (a) is satisfied that the area to which these Regulations relate meets the conditions set out in section 9(2) and (3) of the 2023 Act;
- (b) considers that these Regulations are likely to improve the economic, social and environmental well-being of some or all of the people who live or work in the area to which the Regulations relate, in accordance with sections 20(1)(b) and 46(1)(a) of the 2023 Act;
- (c) has had regard to the need to secure effective and convenient local government and to reflect the identities and interests of local communities, in accordance with section 46(1)(b) of the 2023 Act;
- (d) has carried out a public consultation in accordance with section 46(3) of the 2023 Act;
- (e) considers that the functions specified in regulations 8 and 13 can appropriately be exercised by the Combined County Authority.
In accordance with sections 10(8)(a), 16(2)(a), 18(6)(a), 20(2)(b), 28(2)(a), 30(11)(a), 46(1)(d) and 52(2) of the 2023 Act, Brighton and Hove City Council, East Sussex County Council and West Sussex County Council have consented to the making of these Regulations.
In accordance with section 20(6) of the 2023 Act, the Secretary of State has laid a report before Parliament explaining the effect of these Regulations and why the Secretary of State considers it appropriate to make these Regulations.
( a ) 2014 c. 2.
( b ) 2023 c. 55.
A draft of this instrument has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 252(4) of the 2023 Act.
This initial section introduces the statutory instrument as The Sussex and Brighton Combined County Authority Regulations 2026, made on March 25, 2026, under powers derived from the Local Audit and Accountability Act 2014 and the Levelling-up and Regeneration Act 2023.
The Secretary of State confirms the specified area meets legal criteria for a Combined County Authority (CCA), believes the creation will improve local well-being, and has considered effective local government and community interests after conducting a public consultation.
Furthermore, the three relevant local authorities—Brighton and Hove City Council, East Sussex County Council, and West Sussex County Council—have formally consented to the creation of the CCA. A supporting report explaining the regulations has been presented to Parliament, which subsequently approved a draft of the instrument.
PART 1
General
Citation, commencement and extent
- -(1) These Regulations may be cited as the Sussex and Brighton Combined County Authority Regulations 2026.
(2) Save as provided in paragraph (3), these Regulations come into force on the day after the day on which they are made.
(3) Part 5 (Mayoral functions) comes into force on 8th May 2028.
(4) These Regulations extend to England and Wales.
Regulation 1 covers the citation, commencement timing, and geographical scope of the instrument.
The Regulations are officially named the Sussex and Brighton Combined County Authority Regulations 2026.
Most provisions take effect the day after they are formally made.
However, Part 5, which details mayoral functions, is delayed and comes into force later, specifically on May 8, 2028.
The Regulations apply across England and Wales.
Interpretation
- In these Regulations-
'the 1989 Act' means the Local Government and Housing Act 1989( a );
'the 2000 Act' means the Transport Act 2000( b );
'the 2003 Act' means the Local Government Act 2003( c );
'the 2023 Act' means the Levelling-up and Regeneration Act 2023;
'the Area' means the area consisting of the areas of the constituent councils;
'the Combined County Authority' means the Sussex and Brighton Combined County Authority as established by regulation 3;
'constituent councils' means Brighton and Hove City Council, East Sussex County Council and West Sussex County Council;
'election for the return of the mayor' means an election held pursuant to regulation 6;
'the mayor' means the mayor for the Area;
'member' is to be interpreted in accordance with paragraph 1(3) of the Schedule.
This regulation defines key terms used throughout the document.
It cross-references several preceding Acts, including the 2023 Act, which governs Combined County Authorities (CCAs).
The 'Area' is defined as the combined territory of the 'constituent councils,' which are explicitly named as Brighton and Hove City Council, East Sussex County Council, and West Sussex County Council.
The appointed body is called the 'Combined County Authority,' and it will have an elected 'mayor.'
PART 2
Establishment of the Combined County Authority
Establishment
- -(1) There is established a combined county authority for the Area.
(2) The combined county authority is to be a body corporate and is to be known as the Sussex and Brighton Combined County Authority.
( a ) 1989 c. 42.
( b ) 2000 c. 38.
( c ) 2003 c. 26.
(3) The functions of the Combined County Authority are those functions conferred or imposed upon it by or under these Regulations or any other enactment (whenever passed or made), or as may be delegated to it by or under these Regulations or any other enactment (whenever passed or made).
Regulation 3 formally establishes the CCA for the defined Area.
The authority is constituted as a body corporate, legally known as the Sussex and Brighton Combined County Authority.
Its authority extends to all functions conferred upon it by these specific regulations, any other enabling legislation, or any functions that are formally delegated to it through statutory instruments or other legal means.
Modification of financial reporting requirements
- The requirement in section 3(3) of the Local Audit and Accountability Act 2014 (general requirements for accounts) for a relevant authority to prepare a statement of accounts for each financial year( a ) is, in respect of the Combined County Authority-
- (a) disapplied in respect of the financial year beginning on 1st April 2025;
- (b) modified in respect of the financial year beginning on 1st April 2026 to require the Authority to prepare a statement of accounts for that year in respect of the period beginning with the day after the day on which these Regulations are made, whether or not that day is earlier than 1st April 2026, and ending with 31st March 2027.
Regulation 4 adjusts the standard financial reporting duties mandated by the Local Audit and Accountability Act 2014 for the new CCA. Financial statement preparation is entirely suspended for the financial year starting April 1, 2025.
For the subsequent financial year beginning April 1, 2026, the accounting period is modified.
The CCA must only prepare accounts covering the period from the day after these Regulations were made up to March 31, 2027, effectively creating a transitional reporting period.
Constitution
- The Schedule makes provision about the constitution of the Combined County Authority.
This brief regulation directs readers to the Schedule appended to these Regulations for detailed rules concerning the formal constitution of the Combined County Authority.
PART 3
Election of mayor
Election of mayor
- -(1) There is to be a mayor for the Area.
(2) The first election for the return of the mayor is to take place on 4th May 2028.
(3) Subsequent elections for the return of the mayor must take place in every fourth year thereafter on the same day as the ordinary day of election.
(4) The term of office of the mayor returned at an election for the return of the mayor in 2028-
- (a) begins with 8th May 2028, and
- (b) ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the mayor.
(5) The term of office of the mayor returned in each subsequent fourth year-
- (a) begins, subject to paragraph (7) with the fourth day after the day of the poll at the election for the return of the mayor, and
- (b) ends, subject to paragraph (8), with the third day after the day of the poll at the next election for the return of the mayor.
(6) In this regulation 'the ordinary day of election' in relation to any year means the day which is the ordinary day of election in that year of councillors for counties and districts in England as determined in accordance with section 37 of the Representation of the People Act 1983( b ).
(7) Where for the purposes of paragraph (5)(a) the fourth day would otherwise be a Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday, a bank holiday under the Banking and
Financial Dealings Act 1971( a ) in England and Wales or a day appointed as a day of public thanksgiving or mourning, the fourth day is instead deemed to be the first day thereafter which is not one of those specified days.
(8) Where paragraph (7) applies, the reference in paragraphs (4)(b) and (5)(b) to the third day is deemed to be the day before the day deemed to have effect in accordance with paragraph (7).
Regulation 6 establishes the role of the Mayor for the Area and sets the timetable for elections.
The first election is scheduled for May 4, 2028, with subsequent elections occurring every four years on the ordinary day of election for English county and district councillors.
The term for the first Mayor beginning May 8, 2028, lasts until the period covering the third day after the next election's poll.
Subsequent terms begin four days after the poll in the election year.
Provisions are included to adjust these start/end dates if they fall on weekends or specific public holidays (like Christmas or bank holidays), ensuring the term start/end aligns with standard business days.
Political adviser
- -(1) The mayor may appoint one person as the mayor's political adviser.
(2) Any appointment under paragraph (1) is an appointment as an employee of the Combined County Authority.
(3) No appointment under paragraph (1) may extend beyond-
- (a) the term of office for which the mayor who made the appointment was elected, or
- (b) where the mayor who made the appointment ceases to be the mayor before the end of the term of office for which the mayor was elected, the date on which the mayor ceases to hold that office.
(4) A person appointed under paragraph (1) is to be regarded for the purposes of Part 1 of the 1989 Act (political restriction of officers and staff) as holding a politically restricted post under a local authority.
(5) Section 9(1), (3), (4) to (4C), (8), (9) and (11) of the 1989 Act (assistants for political groups)( b ) applies in relation to an appointment under paragraph (1) as if-
- (a) any appointment to that post were the appointment of a person in pursuance of that section, and
- (b) the Combined County Authority were a relevant authority for the purposes of that section.
(6) Subsection (3) of section 9 of the 1989 Act applies in relation to an appointment under paragraph (1) as if the words from 'and that the appointment terminates' to the end of that subsection were omitted.
The Mayor has the authority to appoint one political adviser, who will be an employee of the CCA. This appointment is explicitly linked to the Mayor's elected term of office, terminating automatically when the Mayor's term ends or if the Mayor leaves office early.
Crucially, this appointee is treated as holding a 'politically restricted post' under the Local Government and Housing Act 1989, meaning their role is subject to restrictions concerning political activity.
Specific parts of section 9 of the 1989 Act regarding political group assistants are applied to this role, treating the CCA as a relevant authority for those purposes.
PART 4
Transport etc.
Local transport functions under the 2000 Act
- During the period beginning with the day after the day on which these Regulations are made and ending with 8th May 2028, the functions of the constituent councils specified in the following sections of the 2000 Act are exercisable by the Combined County Authority in relation to the Area concurrently with the constituent councils-
- (a) section 108 (local transport plans)( c ),
( a ) 1971 c. 80.
( b ) Section 9 was amended by sections 61 and 204 of, and paragraph 2 of Schedule 2 to, the Local Government and Public Involvement in Health Act 2007 (c. 28) and by S.I. 2001/2237. There are other amendments not relevant to these Regulations.
( c ) Section 108 was amended by sections 7 to 9 and 77 of, and paragraphs 41 and 42 of Schedule 4 and Part 1 of Schedule 7 to, the Local Transport Act 2008 (c. 26), paragraph 96 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20), and paragraphs 124 and 125 of Schedule 4 to the Levelling-up and Regeneration Act 2023.
- (b) section 109 (further provisions about plans: England)( a ), and
- (c) section 112 (plans and strategies: supplementary)( b ).
Regulation 8 deals with the transfer of transport planning powers from the constituent councils to the CCA, but only on a concurrent basis until the Mayor takes full power.
This transitional period runs from the commencement of the Regulations until May 8, 2028.
During this time, the CCA can exercise selected functions under the Transport Act 2000 concurrently with the councils.
These functions specifically involve creating and handling Local Transport Plans (sections 108, 109, and 112).
Power to pay grant
- -(1) The functions of a Minister of the Crown specified in section 31 of the 2003 Act (power to pay grant) that are exercisable in relation to the Area are functions of the Combined County Authority.
(2) The functions are exercisable by the Combined County Authority concurrently with a Minister of the Crown.
(3) Paragraph (4) applies where, further to the exercise of any function referred to in paragraph (1), the Combined County Authority determines an amount of grant to be paid towards expenditure incurred or to be incurred by a constituent council in relation to the exercise of that council's highway functions.
(4) In determining the amount referred to in paragraph (3), the Combined County Authority must have regard to the desirability of ensuring that the constituent council has sufficient funds to facilitate the effective discharge of the functions referred to in paragraph (3).
(5) To comply with paragraph (4), the Combined County Authority must take into account any other sources of funding available to the constituent council for expenditure incurred or to be incurred in relation to the exercise of its highway functions.
(6) For the purposes of the exercise by the Combined County Authority of the functions specified in paragraph (1), section 31 of the 2003 Act has effect as if-
- (a) in subsection (1)-
- (i) the reference to a 'Minister of the Crown' were a reference to the Combined County Authority;
- (ii) the reference to a 'local authority in England' were a reference to a constituent council,
- (b) subsection (2) were omitted, and
- (c) subsection (6) were omitted.
(7) In this regulation 'highway functions' means functions exercisable by a constituent council (in whatever capacity) in relation to the highways for which it is the highway authority.
Regulation 9 grants the CCA the power to pay grants, taking over the functions previously held by a Minister of the Crown under section 31 of the Local Government Act 2003, exercisable concurrently with the Minister.
If the CCA decides to grant funds to a constituent council for its highway functions, the Authority must ensure the council retains sufficient funds to carry out those functions effectively, considering any other available funding sources.
Section 31 of the 2003 Act is modified so that references to the Minister are replaced by the CCA, and references to a 'local authority in England' become a 'constituent council'.
PART 5
Mayoral functions
Functions exercisable only by the mayor
- -(1) The functions of the Combined County Authority specified in paragraph (2) are general functions exercisable only by the mayor.
(2) The functions referred to in paragraph (1) are the functions set out in-
- (a) sections 108 (local transport plans), 109 (further provision about plans: England) and 112 (plans and strategies: supplementary) of the 2000 Act;
( a ) Section 109 was amended by paragraph 3 of the Schedule to the Transport (Wales) Act 2006 (c. 5), section 9 of the Local Transport Act 2008, paragraph 97 of Schedule 6 to the Local Democracy, Economic Development and Construction Act 2009 and paragraph 126 of Schedule 4 to the Levelling-up and Regeneration Act 2023.
( b ) Section 112 was amended by sections 10(3) to (5) and 11 of, and Part 1 of Schedule 7 to, the Local Transport Act 2008, and by paragraph 48 of Schedule 26 to the Equality Act 2010 (c. 15).
- (b) section 31 (power to pay grant) of the 2003 Act, so far as conferred on the Combined County Authority under regulation 9.
(3) For the purposes of the exercise of the general functions referred to in paragraph (2), the members and officers of the Combined County Authority may assist the mayor in the exercise of the functions.
(4) For the purposes of the exercise of the general functions referred to in paragraph (2) the mayor may do anything that the Combined County Authority may do under section 49 of the 2023 Act (general power of CCA).
Regulation 10 specifies the key executive powers reserved solely for the Mayor once their term begins in May 2028.
These exclusive functions cover the entirety of the local transport planning framework (Local Transport Plans—Sections 108, 109, 112 of the 2000 Act) and the power to pay grants (Section 31 of the 2003 Act) previously conferred in Regulation 9.
CCA members and officers are permitted to assist the Mayor in executing these functions.
The Mayor also possesses the general power of the CCA granted under Section 49 of the 2023 Act to support the execution of these mayoral duties.
Joint committees
- The mayor may enter into arrangements jointly with the Combined County Authority, the constituent councils and other local authorities in accordance with section 101(5) of the Local Government Act 1972 (arrangement for discharge of functions by local authorities)( a ) for the discharge of the general functions of the Combined County Authority which are exercisable only by the mayor pursuant to regulation 10.
Regulation 11 empowers the Mayor to establish joint arrangements for discharging their exclusive functions, as listed in Regulation 10.
This enables collaboration on policy execution.
The arrangements must be made jointly with the CCA itself, the constituent councils, and any other relevant local authorities, following the provisions in Section 101(5) of the Local Government Act 1972.
PART 6
Funding
Funding
- -(1) Subject to paragraph (3), the constituent councils must ensure that the costs of the Combined County Authority which are reasonably attributable to the exercise of its functions are met.
(2) Subject to paragraph (4), the constituent councils must meet the costs of the expenditure reasonably incurred by the mayor in, or in connection with, the exercise of the functions referred to in regulation 10, to the extent that the mayor has not decided to meet these costs from other resources available to the Combined County Authority.
(3) Any amount payable by each of the constituent councils to ensure that the costs of the Combined County Authority referred to in paragraphs (1) and (2) are met is to be determined by apportioning such costs between the constituent councils in such proportions as they may agree or, in default of such agreement, in accordance with the proportion of the total resident population of the Combined County Authority which resides in the area of each constituent council at the relevant date as estimated by the Statistics Board( b ).
(4) In relation to the expenditure mentioned in paragraph (2)-
- (a) to the extent to which such expenditure is met by amounts payable under paragraph (3)-
- (i) the mayor must agree with the Combined County Authority the total expenditure mentioned in paragraph (2) in advance of incurring such expenditure, and
- (ii) in the absence of such agreement, no such expenditure may be incurred; (b) any precept issued in relation to such expenditure under section 40 of the Local Government Finance Act 1992 (issue of precepts by major precepting authorities)( c ) is to be disregarded from any calculation of the costs of the expenditure.
(5) For the purposes of paragraph (3), the 'relevant date' in relation to a payment for a financial year is 30th June in the financial year which commenced two years prior to the financial year in which such payment is to be made.
Regulation 12 establishes the mandatory financial obligations of the constituent councils to support the CCA. Councils must ensure that the reasonably attributable costs of the CCA's functions are covered.
Councils must also fund the Mayor's reasonable expenditure related to Regulation 10 functions, unless the Mayor covers these costs from other CCA resources.
The apportionment of these costs, in the absence of agreement, is based on the proportion of the resident population in each council's area, as estimated by the Statistics Board.
Crucially, for expenditure funded by the councils, the Mayor must agree on the total amount in advance with the CCA, and no such expenditure can occur without this agreement.
Precepts issued under the Local Government Finance Act 1992 are explicitly excluded from the cost calculation.
PART 7
Additional functions
Data sharing
- -(1) The functions of the constituent councils described in section 17A of the Crime and Disorder Act 1998 (sharing of information)( a ) are exercisable by the Combined County Authority in relation to the Area.
(2) The Combined County Authority is a relevant authority for the purposes of section 115 of the Crime and Disorder Act 1998 (disclosure of information)( b ).
(3) The functions referred to in paragraph (1) are exercisable concurrently with the constituent councils.
Regulation 13 confers additional functions relating to information sharing onto the CCA. The CCA gains the authority exercisable by constituent councils under Section 17A of the Crime and Disorder Act 1998 concerning information sharing.
This means the CCA is recognized as a 'relevant authority' for disclosure purposes under Section 115 of that Act.
These data sharing functions are to be exercised concurrently with the constituent councils for the Area.
Incidental provisions
- -(1) The following provisions of the Local Government Act 1972 have effect in relation to the Combined County Authority as if it were a local authority-
- (a) section 142(2) (power to arrange for publication of information etc relating to the functions of the authority)( c );
- (b) section 222 (power to prosecute and defend legal proceedings)( d ).
(2) Section 13 of the 1989 Act (voting rights of members of certain committees)( e ) has effect in relation to the Combined County Authority as if-
- (a) in subsection (4), after paragraph (h) there were inserted-
- '(i) subject to subsection (4A), a committee appointed by the Sussex and Brighton Combined County Authority';
- (b) after subsection (4) there were inserted-
- '(4A) A person who is a member of a committee falling within paragraph (i) of subsection (4) or a sub-committee appointed by such a committee is for all purposes to be
treated as a non-voting member of that committee or sub-committee unless that person is-
- (a) a member of one of the constituent councils as defined by regulation 2 of the Sussex and Brighton Combined County Authority Regulations 2026 ('the 2026 Regulations'), or
- (b) a non-constituent member of the Combined County Authority, as defined by regulation 2 of the 2026 Regulations, and the Combined County Authority has resolved under section 11(4) of the Levelling-up and Regeneration Act 2023 (non-constituent members of a CCA) that the person is to be a voting member of that committee or sub-committee.'.
(3) In Part 2 of Schedule 3 (pension funds) to the Local Government Pension Scheme Regulations 2013( a ) in the table insert at the end-
West Sussex County Council'; 'An employee of the Sussex and Brighton Combined County Authority established by the Sussex and Brighton Combined County Authority Regulations 2026
(4) The functions of the constituent councils under section 1 of the Localism Act 2011 (local authority's general power of competence)( b ), to the extent that those functions are exercisable for the purpose of economic development and regeneration, are exercisable by the Combined County Authority in relation to the Area.
(5) The functions referred to in paragraph (4) are exercisable concurrently with the constituent councils.
(6) Any requirement in any enactment for a constituent council to exercise a function referred to in paragraph (4) may be fulfilled by the exercise of that function by the Combined County Authority.
Regulation 14 introduces several consequential changes to existing legislation to ensure the CCA can operate effectively.
It applies key powers from the Local Government Act 1972—specifically regarding public information dissemination and the power to conduct legal proceedings—as if the CCA were a local authority.
It also modifies Section 13 of the 1989 Act concerning voting rights on committees: the CCA's committees are recognized, but specific rules govern whether members who are not elected members of the constituent councils can be voting members.
Furthermore, it integrates CCA employees into the Local Government Pension Scheme framework and grants the CCA concurrent power to exercise the Localism Act 2011's general power of competence for economic development and regeneration.
Signed by authority of the Secretary of State for Housing, Communities and Local Government
25th March 2026
Miatta Fahnbulleh Parliamentary Under-Secretary of State Ministry of Housing, Communities and Local Government
This concluding section records that the instrument was signed under authority by Miatta Fahnbulleh, the Parliamentary Under-Secretary of State for the Ministry of Housing, Communities and Local Government, on March 25, 2026.
SCHEDULE
Constitution
Regulation 5
Membership
- -(1) Each constituent council must appoint two of its elected members to be members of the Combined County Authority.
(2) Each constituent council must appoint one named elected member ('substitute member') for each member appointed by that council under sub-paragraph (1), either of whom may act as a member of the Combined County Authority in the absence of a member appointed under sub-paragraph (1).
(3) In this Schedule, except in paragraph 2(1), 'member' means a member appointed under sub-paragraph (1), and a substitute member where that substitute member is acting in place of a member appointed under sub-paragraph (1).
(4) A person ceases to be a member or substitute member of the Combined County Authority if-
- (a) they cease to be an elected member of the constituent council that appointed them, or
- (b) the constituent council that appointed the member terminates their appointment.
(5) 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 that notice.
(6) Where a member or substitute member of the Combined County Authority's appointment ceases by virtue of sub-paragraph (4) or (5), 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.
(7) The term 'proper officer' in this paragraph, in relation to a body and any purpose or area, means an officer appointed by the body for that purpose or area.
Schedule Paragraph 1 dictates the composition of membership based on the three constituent councils.
Each council must appoint two elected members to the CCA.
Each council must also appoint one named substitute member for each primary member, who can attend or act if the primary member is absent.
Membership status is lost if the individual ceases to be an elected member of their appointing council or if the council terminates the appointment.
Members can resign via written notice to their appointing council's proper officer.
Upon cessation of appointment, the appointing council must promptly notify the CCA and appoint a replacement.
Chair and vice-chair
- -(1) Before the election for the return of the mayor, the Combined County Authority must appoint a chair and a vice-chair from amongst its members and these appointments are to be the first business transacted after the appointment of members of the Combined County Authority, at the first meeting of the Combined County Authority.
(2) A person ceases to be chair or vice-chair of the Combined County Authority if they cease to be a member of the Combined County Authority.
(3) If a vacancy arises in the office of chair or vice-chair, an appointment to fill the vacancy is to be made at the next ordinary meeting of the Combined County Authority, or, if that meeting is to be held within 14 days of the vacancy arising, at the meeting following that meeting.
(4) The vice-chair must act in place of the chair if for any reason-
- (a) the chair is unable to act, or
- (b) the office of chair is vacant.
(5) If for any reason-
- (a) the chair is unable to act or the office of chair is vacant, and
- (b) the vice-chair is unable to act or the office of vice-chair is vacant,
no meeting of the Combined County Authority may take place.
(6) The chair of the Combined County Authority ceases to hold office, and the office of vice chair is abolished, at the end of the day before the first mayor's term of office begins( a ).
Paragraph 2 outlines the appointment of a Chair and Vice-Chair from among the council members, which must occur at the first meeting before the Mayor's election.
Holding the Chair or Vice-Chair position depends entirely on remaining a member of the CCA.
If the Chair is unable to perform their duties, or the office becomes vacant, the Vice-Chair assumes the role.
If both positions are vacant or the occupants are unable to act, no CCA meeting can proceed.
When the Mayor's term commences, the appointed Chair ceases office, and the Vice-Chair role is abolished, as the Mayor takes over chairing duties as per subsequent provisions.
Non-constituent and associate members
- -(1) The Combined County Authority must have no more than six non-constituent members and associate members( b ).
(2) Each nominating body( c ) 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.
Paragraph 3 sets limits and structures for non-elected representatives.
The CCA can have a maximum of six non-constituent and associate members combined.
Provisions are made for substitute representation for both these types of members.
A nominating body, as defined by the 2023 Act, must nominate a substitute for any appointed non-constituent member.
Similarly, an associate member appointed under Section 12(1) of the 2023 Act must also nominate a covering member to act in their absence.
Proceedings
- -(1) Subject to article 8(4) of the Combined Authorities (Finance) Order 2017( d ), any decision of the Combined County Authority is to be decided by a simple majority of the members present and voting on that decision at a meeting of the Combined County Authority and, after the beginning of the first mayor's term of office, such majority is to include the mayor, or the deputy mayor( e ) acting in place of the mayor.
(2) Before the first mayor's term of office begins, no business is to be transacted at a meeting of the Combined County Authority unless the chair, or vice-chair acting in place of the chair, and three of the members appointed by the constituent councils are present.
(3) After the mayor's term of office begins, no business is to be transacted at a meeting of the Combined County Authority unless the mayor, or the deputy mayor acting in place of the mayor, and at least four members appointed by the constituent councils are present.
(4) 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.
(5) Each member is to have one vote and no 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) 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.
Paragraph 4 establishes the rules for CCA meetings and decision-making.
Decisions require a simple majority of those present and voting.
After the Mayor's term starts in 2028, this majority must include the Mayor or the Deputy Mayor.
Before the Mayor's term, the quorum requires the Chair (or Deputy Chair) and three members appointed by the constituent councils.
After 2028, the quorum shifts to require the Mayor (or Deputy Mayor) and at least four members appointed by the constituent councils.
Votes are decided by a one-member, one-vote system; there is no casting vote, meaning a tie results in the motion failing.
Certain technical validity of proceedings is preserved even if there are vacancies or appointment defects.
Records
- -(1) The Combined County Authority must make arrangements for the names of 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) Unless 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 to attend.
(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 Combined County Authority, committee or sub-committee to be regarded as suitable, either the next following meeting or that other meeting.
Paragraph 5 sets out requirements for meeting records and minutes.
The CCA must record who attends each meeting, and minutes for the CCA, its committees, and sub-committees must be kept in an agreed format.
These minutes must be formally signed by the presiding officer at the subsequent suitable meeting.
Once signed, these minutes serve as valid evidence in procedural matters.
Authenticated minutes create a legal presumption that the meeting was validly convened, properly held, and that all attendees were qualified, unless proven otherwise.
Standing orders
- The Combined County Authority may make standing orders for the regulation of its proceedings and business, provided that the standing orders are consistent with this Schedule, and may vary or revoke any such orders.
The CCA is granted the power to create, amend, or revoke its own standing orders.
These orders govern the procedure and conduct of its business and proceedings internally.
Any standing orders made must comply with and remain consistent with the provisions laid out within the Schedule itself.
Remuneration
- -(1) Subject to sub-paragraphs (2) and (3), no remuneration or allowances are to be payable by the Combined County Authority to its members, other than allowances for travel and subsistence paid in accordance with a scheme approved by the Combined County Authority.
(2) The Combined County Authority may pay an allowance to-
- (a) the mayor,
- (b) the deputy mayor provided that the deputy mayor is not a leader or elected mayor of a constituent council and is not in receipt of an allowance from a constituent council for any other role,
- (c) members appointed to the overview and scrutiny committee of the Combined County Authority and any sub-committee of that committee, and
- (d) members appointed to the audit committee of the Combined County Authority.
(3) The Combined County Authority may only pay an allowance to a person listed in sub-paragraph (2)(a) to (d) if-
- (a) the Combined County Authority has-
- (i) established an independent remuneration panel in accordance with article 16 of the Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) Order 2017 (independent remuneration panels)( a ) ('the 2017 Order'), and
( a ) S.I. 2017/68. Article 16 was inserted by S.I. 2024/430.
- (ii) considered a report published by the independent remuneration panel mentioned in sub-paragraph (i) which contains recommendations for such an allowance, and
- (b) the allowance paid does not exceed the amount specified in the recommendation made by the independent remuneration panel.
(4) Article 16(2)(a) of the 2017 Order applies in relation to the Combined County Authority as if after 'sub-committee of that authority' there were inserted 'or a member of a constituent council or a member of a district council'.
Paragraph 7 generally prohibits paying remuneration to CCA members, allowing only for approved travel and subsistence allowances.
However, specific roles are eligible for additional allowances, including the Mayor, the Deputy Mayor (provided they meet certain criteria regarding other local authority roles), and members of the Overview and Scrutiny and Audit committees.
Payment of these allowances is strictly conditional: the CCA must establish an independent remuneration panel and must only pay an allowance if it aligns with and does not exceed that panel's recommendations.
Related regulations concerning the terms of reference for these remuneration panels are also modified to include members of the CCA in their scope.
Constitution
- The Combined County Authority may make provision about its constitution, provided that the provision made is consistent with this Schedule.
Paragraph 8 grants the CCA residual power to establish further detailed provisions about its own constitution.
This power is conditional, meaning any rules established by the CCA cannot contradict or undermine the requirements already set out in this Schedule.
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations establish the Sussex and Brighton Combined County Authority ('the Combined County Authority') and confer certain functions of local authorities and other public authorities on the Combined County Authority.
The Levelling-up and Regeneration Act 2023 (c. 55) provides for the establishment of combined county authorities for the areas of two or more local authorities in England. Combined county authorities are bodies corporate which may be given power to exercise specified functions in their area.
Part 2 establishes the new Combined County Authority for the local government areas of Brighton and Hove City Council, East Sussex County Council and West Sussex County Council and makes provision for its constitution (in the Schedule).
Part 3 provides for the election of the mayor and for the appointment of a political adviser to the mayor.
Part 4 confers on the Combined County Authority functions relating to transport. It transfers functions relating to local transport planning from the local authorities to the Combined County Authority and confers powers for the mayor to pay grants.
Part 5 sets out the functions of the Combined County Authority which are to be only exercisable by the mayor and makes provision in relation to joint committees.
Part 6 makes provision for the funding, by the constituent councils, of those costs of the Combined County Authority that relate to the exercise of its functions.
Part 7 confers additional functions to be exercisable by the Combined County Authority concurrently with the constituent councils, including functions relating to economic development and data sharing.
A full regulatory impact assessment has not been prepared as this instrument will have no impact on the costs of the business and voluntary sectors. The impact on the public sector is that conferring functions on the Combined County Authority should lead to operational efficiencies that could lead to reduced costs.
The Explanatory Note confirms the purpose: establishing the Sussex and Brighton CCA and conferring local and public authority functions upon it, pursuant to the 2023 Act.
It summarizes the content of each Part: Part 2 covers establishment and constitution; Part 3 addresses mayoral elections and adviser appointments; Part 4 transfers initial transport and grant-making powers; Part 5 details exclusive mayoral functions; Part 6 outlines council funding responsibilities; and Part 7 grants concurrent powers for economic development and data sharing.
It concludes that a full regulatory impact assessment was deemed unnecessary, as the instrument is expected to create operational efficiencies within the public sector, rather than imposing new costs on business or charitable sectors.
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