Decision Maker: Cabinet

Outcome: Abandoned

Is Key Decision?: Yes

Is Callable In?: Yes

Date of Decision: February 3, 2026

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. Cabinet is therefore asked to reconfirm its consent to the Statutory Instrument, having considered the changes announced by government in December 2025.

Content: Following consideration of the report the Cabinet resolved: (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. The call-in deadline is 12 February 2026. Regulation 10: This decision is a key decision and should have been included in the Forward Plan for the required 28 days. This was not possible and the relevant Scrutiny Committee Chairman has been advised of the proposed decision and notice has been given to the public. At the Cabinet meeting on 3 February, Cabinet consented to the laying of the Statutory Instrument and published a proposed decision.  Following the meeting, the Ministry of Housing, Communities & Local Government (MHCLG ) outlined that the Statutory Instrument needed to be laid before the Cabinet decision would clear 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 (CAB13 (25/26)) 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 decision taken on 3 February 2026.