URL: https://westsussex.moderngov.co.uk/ieDecisionDetails.aspx?ID=2353

Decision Maker: Executive Director of Law, Assurance and Insight (Lauren McCann)

Outcome: Recommendations Approved

Is Key Decision?: Yes

Is Callable In?: No

Purpose: The Government will seek the consent of the County Council and the other upper tier councils in Sussex to the Statutory Instrument by which the Authority will be established by Parliament.  This will include the functions to be discharged by the new authority and how it will take decisions. Since Cabinet’s previous decision in October 2025 (CAB06 (25/26)), the Government has confirmed that devolution will happen in 2026, but delayed mayoral elections until 2028, and made other substantive changes to policy. At the Cabinet meeting on 3 February, Cabinet reconfirmed its consent to the laying of the Statutory Instrument and published a proposed decision CAB10 (25/26).  Following the meeting, the Ministry of Housing, Communities & Local Government (MHCLG ) outlined that Parliamentary timescales for laying the Statutory Instrument needed to be met prior to the Cabinet decision clearing call-in.  Not doing so would prejudice the County Council’s interests. Therefore due to the need for this matter to be determined urgently,  the Executive Director of Law, Assurance and Insight has secured agreement from the Leader and the Chairman of the Performance and Finance Scrutiny Committee for a decision to be taken which will come into effect immediately as per the County Council’s Constitution – Part 4, Section 1, Standing Order 3.57 (Regulation 11).  This will supersede the CAB10 (25/26) decision taken on 3 February 2026.  The contents and recommendations of this decision remain unchanged from the decision taken by Cabinet.

Content: The Government will seek the consent of the County Council and the other upper tier councils in Sussex to the Statutory Instrument by which the Authority will be established by Parliament.  This will include the functions to be discharged by the new authority and how it will take decisions. Since Cabinet’s previous decision in October 2025 (CAB06 (25/26)), the Government has confirmed that devolution will happen in 2026, but delayed mayoral elections until 2028, and made other substantive changes to policy. At the Cabinet meeting on 3 February, Cabinet reconfirmed its consent to the laying of the Statutory Instrument and published a proposed decision CAB10 (25/26).  Following the meeting, the Ministry of Housing, Communities & Local Government (MHCLG ) outlined that Parliamentary timescales for laying the Statutory Instrument needed to be met prior to the Cabinet decision clearing call-in.  Not doing so would prejudice the County Council’s interests. Therefore due to the need for this matter to be determined urgently,  the Executive Director of Law, Assurance and Insight has secured agreement from the Leader and the Chairman of the Performance and Finance Scrutiny Committee for a decision to be taken which will come into effect immediately as per the County Council’s Constitution – Part 4, Section 1, Standing Order 3.57 (Regulation 11).  This will supersede the CAB10 (25/26) decision taken on 3 February 2026.  The contents and recommendations of this decision remain unchanged from the decision taken by Cabinet. 1)    That Cabinet notes the changes announced by the Minister to the proposal to devolve to the Sussex & Brighton Combined County Authority in the letter of 4 December 2025; 2)    That Cabinet reconfirm the approval of and consent to the establishment of the Sussex and Brighton Combined County Authority; 3)    That Cabinet delegates authority to the County Council’s Chief Executive, in consultation with the Leader, to agree the contents of, and consent to, the making of the Sussex and Brighton Combined Authority Order 2026; 4)    That Cabinet delegates authority to the Chief Executive to take such action as necessary to give effect to the above recommendations and to facilitate the establishment of the MCCA. At the Cabinet meeting on 3 February, Cabinet reconfirmed its consent to the laying of the Statutory Instrument and published a proposed decision CAB10 (25/26). Following the meeting, the Ministry of Housing, Communities & Local Government (MHCLG ) outlined that Parliamentary timescales for laying the Statutory Instrument needed to be met prior to the Cabinet decision clearing call-in.  Not doing so would prejudice the County Council’s interests. Therefore due to the need for this matter to be determined urgently,  the Executive Director of Law, Assurance and Insight has secured agreement from the Leader and the Chairman of the Performance and Finance Scrutiny Committee for a decision to be taken which will come into effect immediately as per the County Council’s Constitution – Part 4, Section 1, Standing Order 3.57 (Regulation 11).  This will supersede the CAB10 (25/26) decision taken on 3 February 2026.  The contents and recommendations of this decision remain unchanged from the decision taken by Cabinet on 3 February 2026. None declared.

Date of Decision: February 9, 2026