URL: https://democracy.tmbc.gov.uk/ieDecisionDetails.aspx?ID=2057

Decision Maker: Cabinet

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose:

Content: Consideration was given to the report of the Director of Central Services and Deputy Chief Executive setting out proposals for the establishment of a Joint Committee between Tonbridge & Malling Borough Council, Kent County Council, Tunbridge Wells Borough Council, Sevenoaks District Council and Maidstone Borough Council to manage transitional responsibilities associated with local government reorganisation until the creation of a Shadow Unitary Authority for the West Kent area in May 2027.   Cabinet were provided with an introduction on the purpose of Joint Committees during the transition period and noted that their role would be preparatory, including the formulation of proposals relating to governance arrangements, codes of conduct, member allowances and interim Statutory Officer appointments, with decisions remaining the responsibility of the Shadow Authority.  Cabinet further noted that voluntary arrangements were being established in advance of the Structural Changes Order and that a consistent approach was being pursued across Kent and Medway.   Due regard was given to the financial and value for money considerations, the legal implications and the assessment of risk.   In recognition of the need to facilitate effective transition arrangements associated with the proposed West Kent unitary authority as part of the Local Government Reorganisation, Cabinet   RESOLVED: That   (1)          the Secretary of State’s decision to proceed with four unitary councils for Kent and Medway, as set out in the letter attached at Annex 1, be noted;   (2)          subject to corresponding approval by Kent County Council, Tunbridge Wells Borough Council, Sevenoaks District Council and Maidstone Borough Council, the establishment of a West Kent Joint Committee, in accordance with section 101 (5) of the Local Government Act 1972, to be entered into between Tonbridge & Malling Borough Council and the other principal authorities referenced in this paragraph for the purpose of discharging, until the first meeting of the West Kent shadow authority, the functions set out in the draft terms of reference at Annex 2, be approved;   (3)          authority be delegated to the Monitoring Officer, in consultation with the Leader of the Council, to approve the Terms of Reference (Annex 2) and procedural rules (Annex 3) for the Joint Committee;   (4)          it be noted that whilst the West Kent Joint Committee is established by resolution of all current councils in the geography of the proposed West Kent Council, on a voluntary basis, upon the enactment of the relevant Kent & Medway Structural Changes Order, the West Kent Joint Committee shall become the Joint Committee required to be established under the provisions of that order and that this will be constituted and established under the provisions of section 101 (5) of the Local Government Act 1972 and pursuant to the requirements of the Kent & Medway Structural Changes Order;   (5)          in so far as they fall within the terms of reference of the West Kent Joint Committee, the delegation of all Tonbridge & Malling Borough Council executive functions to the West Kent Joint Committee, be approved;   (6)          the appointment of Cllr Matt Boughton, Leader, and Cllr Martin Coffin, Deputy Leader, as representative(s) of Tonbridge & Malling Borough Council on the West Kent Joint Committee, be approved;   (7)          the authority to nominate and appoint any substitute member on the West Kent Joint Committee be delegated to the Leader of the Council; and   (8)          the Monitoring Officer be authorised to make any necessary and consequential amendments to the Constitution.

Date of Decision: September 1, 2026