Law firm advises councils on establishment of first combined county authority in England

Browne Jacobson has advised the four constituent councils involved in creating England’s first-ever combined county authority.

Combined county authorities were legislated for under the Levelling Up and Regeneration Act, which received royal assent in October 2023.

Browne Jacobson worked with lead lawyers from Derbyshire County Council, Derby City Council, Nottinghamshire County Council and Nottingham City Council to form a governance group that oversaw all the key legal issues arising out of the establishment of the East Midlands Combined County Authority (EMCCA).

This included working on the framework of the East Midlands devolution deal, which guarantees £38m funding per year to the area for the next 30 years and an additional £1.5bn in transport funding.

The governance group also led the proposal to the Secretary of State for forming the combined county authority, a consultation on this proposal, and established the East Midlands Combined County Authority Regulations 2024, as well as other amending regulations necessary to implement aspects of the new combined county authority model.

Laura Hughes, Head of the Public Law team at Browne Jacobson, led the firm’s work on the project.

She said: “We are proud to have worked on such a ground-breaking project in England’s devolution programme, a central plank of the UK Government’s levelling up agenda and a major step-change for the organisation of local government.

“We worked closely with our colleagues within Derbyshire County Council, Derby City Council, Nottinghamshire County Council and Nottingham City Council to advise on all legal issues as they arose, and we wish to congratulate everyone who has been involved within those local authorities to reach this critical milestone.

“This is a fantastic example of what can happen when dedicated public servants pull out all the stops to achieve something they really believe in, and it has been a pleasure to work with all those individuals and teams.”

Following its official establishment yesterday (28 February), a board that features representatives of the four constituent councils will meet in advance of the mayoral election that takes place on 2 May.

The elected mayor, who will take up office on 7 May for a four-year term, will provide democratic accountability for the new powers and budgets that are being devolved from Westminster, including planning, infrastructure, transport, adult education and economic development.

Each constituent council will appoint two of its members to the EMCCA, with four non-constituent members also appointed to represent borough and district councils across Derbyshire and Nottinghamshire.