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SESTRAN PARTNERSHIP BOARD MEETINGConference Room 1, Victoria Quay, Edinburgh, EH6 6QQFriday 23rd September 2016 – 10:00 AMAGENDAPage No's.1.ORDER OF BUSINESS2.APOLOGIES3.DECLARATIONS OF INTEREST4.PRESENTATION ON PUBLIC TRANSPORT AUTHORITIES – by Professor TomRye5.APPOINTMENT OF VICE-CHAIRFollowing the resignation of Councillor Pat Callaghan from SEStran, Members areasked to consider whether they wish to replace him as Vice-Chair.6.MINUTESa. Partnership Board 17th June37b. Partnership Board 1st July16c. Performance & Audit Committee 9th September21Members should note that Board approval is needed for item A8 (HRPolicies) of the minute.d. RTP Chairs 15th June7.FINANCIAL REPORTSa. INTERNAL AUDIT – ANNUAL REPORT – Report by Internal Auditb. EXTERNAL AUDIT – ANNUAL AUDIT REPORT – Report by Audit293442Scotlandc. AUDITED ANNUAL ACCOUNTS 2015/16 – Report by Iain Shawd. FINANCE OFFICERS REPORT – Report by Iain Shaw701188.REGIONAL TRANSPORT STRATEGY UPDATE – Report by Lisa Freeman1229.PROJECTS REPORT – Report by Catriona Macdonald/Jim Grieve12610.EUROPEAN UNION REFERENDUM UPDATE – Report by Jim Grieve13311.REVIEW OF LIAISON STRUCTURES – Report by George Eckton137

12.EQUALITIES & DIVERSITY WORKING GROUP UPDATE – Report by GeorgeEckton14213.PROGRAMME FOR GOVERNMENT – Report by George Eckton16314.STATUTORY REPORTSa. CLIMATE CHANGE ACT PUBLIC BODIES REPORTING – Report by168Emily Whittersb. SESTRAN ANNUAL REPORT – Report by Moira Nelsonc. RECORDS & IT MANAGEMENT – Report by Angela Chambersd. PUBLIC SERVICES REFORM (SCOTLAND) ACT 2010 STATEMENTS –Report by Emily WhittersITEMS LIKELY TO BE CONSIDERED IN PRIVATE IN TERMS OF PART 1 OFSCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 197315.PROCUREMENT & DELEGATED POWERS REPORT – Report by GeorgeEckton/ Andrew Ferguson16.CITY DEAL GOVERNANCE PROPOSALS – Report by George Eckton17.AOCB18.DATE OF NEXT MEETINGFriday 2nd December 2016, Conference Room 1, Victoria Quay, Edinburgh, EH66QQ174194198

Partnership Board MeetingFriday 23rd September 20164. Passenger Transport Authority PresentationPassenger Transport Authority Presentation1.INTRODUCTION1.1The paper provides context for a presentation by Professor Tom Rye of theTransport Research Institute at Napier University. Professor Rye hasrecently carried out work comparing the Dutch, German and Swedishmodels of passenger transport authority and is also now working on aproject for the Urban Transport Group on the regulation and franchising ofurban and regional public transport in Norway, Sweden and Denmark.1.2In the current context of the City Deal it was viewed as an opportunity forthe Board to receive an initial presentation on a current issue and seek toengender a debate, informed by independent research, on the benefits andrisks of moving towards a Passenger Transport Authority for the SEStranarea.1.3The paper also seeks the Board’s approval to engage Professor Tom Ryein a short piece of research to scope out the implications of SEStran movingto a some form of passenger transport authority model and to be reportedback to the December 2016 Board meeting.2.BACKGROUND2.1At the June 2016 meeting, there was discussion, in the context of aPlanning Review and the emerging Programme for Government, of SEStranmoving from a Level 1 to a Level 3 RTP and becoming a passengertransport authority. The proposals for the Edinburgh Region City Deal wouldfacilitate such a transition.2.2The Board has previously highlighted the increasing disaggregation ofstrategic transport planning across Scotland. Identifying that, with theexpected growth of Edinburgh City Region up to 2050 there should beactive consideration and evaluation of some form of strategic integratedauthority for all forms of transport for the SEStran area to ensure prosperityand accessibility into wider North of England labour markets. The recentEdinburgh City Region Deal proposals include the suggested creation of aPassenger Transport Authority.2.3The Board has previously recognised that collaboration in the design anddelivery of services moving forward will be critical to tackling thesechallenges successfully, including an acceptance that in some forms ofpublic services, intelligent centralisation of services through joined upapproaches are the only way forward if we are to continue to deliver bestvalue public services in Scotland. This may involve service aggregationfrom more local tiers of governance currently. Crucially required is anacceptance of the need for further devolution from nationally held anddelivered services to deliver responsive outcomes vital for future economic,social and environmental prosperity.3

3.PASSENGER TRANSPORT AUTHORITIES3.1Previously, there were seven main UK metropolitan areas outside Londonwhich had a Passenger Transport Authority/Executive (PTAs/PTEs) ofsome form, including Strathclyde Partnership for Transport, which wasformed by combining Strathclyde Passenger Transport Authority andExecutive and the voluntary WESTRANS partnership under the Transport(Scotland) Act 2005. London currently has Transport for London whichimplements the Mayor of London’s transport strategy and managestransport services.3.2PTAs in England were replaced by Integrated Transport Authorities (ITAs),late last decade and ITAs are now changing once again into CombinedAuthorities (CAs). Most ITAs/CAs retain a PTE as an implementation arm,although in some cases the PTE has been absorbed into the CAcompletely. Previously there were rail powers for PTAs but these wereremoved by the Railways Act 2005.3.3ITAs/CAs are responsible for setting out transport policy and publictransport expenditure plans in their regions. These are then implemented byPTEs.3.4Other outcomes or outputs delivered by PTEs are as follows: Production of a strategy or strategies for the development of regionalpublic transport networks; Plan and fund socially necessary bus routes; Work in partnership with private operators to improve bus servicesthrough bus priority schemes or quality partnerships; In certain UK areas they run concessionary travel schemes for older,disabled or young people; Planning and implementation of investment in local public transportnetworks including new bus, rail or active travel stations/hubs; Provide impartial and comprehensive public transport informationservices or regional integrated ticketing schemes; and Manage and maintain bus interchanges, bus stops and shelters3.5It is very important to remember that bus services in ITA/CA areas inEngland remain deregulated and thus in the main provided in the same wayas they are in Scotland, although there are additional powers to managebus services available to all transport local authorities in England (Counties,Unitarians and ITAs/CAs) under the Local Transport Act (2008) that are notavailable in Scotland. In other parts of northwest Europe, passengertransport authorities normally franchise bus services in a regulated contextin much the same way as happens in London.4.MODEL 3 AUTHORITY4.1Currently SEStran is a Model 1 RTP, with a primary duty to produce aregional transport strategy. A Model 3 is an enhanced method ofpartnership delivery as described in previous paragraphs. In the light of theCity Region Deal proposals relating to transport and infrastructure, activeconsideration by Chief Officials is being given to utilising the provision in the4

Transport (Scotland) Act 2005 for the Regional Transport Authority tobecome a model-three authority. In effect this would mean assuming thepowers of a Passenger Transport Executive. This would require agreementbetween the member authorities and consent from the ScottishGovernment. However, crucially from initial legal analysis would not requirenew legislation or reserved legislative decisions, given the devolved issuesoutlined in the Scotland Act 1998 concerning transport.5.FURTHER RESEARCH5.1Whilst there is a reasonable level of clarity on the legislative and legalimplications of moving to a Model 3 authority, it is recognised that furtherdiscussions could benefit from specific research into the strategic and anyspecific high-level implications for the SEStran area.5.2The Partnership Director recommends to the Board that commissioning ashort study on the potential benefits for the SEStran area in transitioning toa Model 3 Regional Transport Authority should be undertaken and subjectof a further report to the December 2016 meeting of the SEStran Board.5.3It is proposed that this piece of research should seek to test at a high-levelall potential impacts/risks such a change on the following issues, alongsideany further criteria agreed at the Board meeting, for the SEStran area: Planning and delivering transport solutions for all modes of transportacross the region; The short, medium and long-term impacts and benefits of a changeto a Model 3 Regional Transport Partnership and within this a highlevel analysis of the prioritisation of actions to address currentconstraints on regional transport outcomes; Impact on positive pricing, multi-modal journey integration andeconomies of scale through regional travel planning, procurementand asset management; Improved cross-regional mobility for regional labour, training andemployability; Improved community connectivity where there are no commercialservices presently or services are under pressure; Provision of transport for people with disabilities and intersectionalityacross groups; and Contribution to the health, employability and welfare reform agendas.5.4In the context of Scotland’s Economic Strategy and its policy framework forInclusive Growth it may also be that the Board wish any research toconsider the impact of a model three RTP on the multidimensionality ofInclusive Growth in the South East of Scotland. This could lead to theinclusion of well-being, equality of opportunity/social mobility, participation,economic geography and environmental sustainability assessment criteria.The impact of a PTA/RTP on wealth and inequality alongside potentialinnovation benefits and infrastructure/enterprise benefits for the South Eastof Scotland. There could be a particular impact on the labour market, longterm enterprise trends, accessibility to more and better quality jobs andensuring that all have the opportunity to contribute to all sectors of theeconomy.5

6.NEXT STEPS6.1Given the timescales and level of expertise of Professor Rye on the issue ofPassenger Transport Authorities, the Partnership Director wouldrecommend to the Board that best value could be achieved from directlyengaging him in the delivery of initial independent research report focussedon the SEStran area. It is the view of the Partnership Director that givenProfessor Rye’s existing involvement in this area of research, knowledge ofthe current political and legislative landscape and the timescale involved inthe City Deal, that the work would not be readily obtainable from anothersupplier within the next 4-6 weeks given the lead in times for a competitiveprocess for a contract which will be significantly below delegatedexpenditure limits.7.RECOMMENDATION7.1The Board is invited to receive the presentation from Professor Rye onPassenger Transport Authorities and following discussion of the paperagree to the recommendation to commission a short focused piece ofresearch from Professor Rye on the implications of SEStran moving to theModel Three Regional Transport Authority for further consideration at theDecember board meeting.George EcktonPartnership DirectorSeptember 2016Policy ImplicationsNoneFinancial ImplicationsSmall cost within budget to employ Prof. Rye if Boardagree.Race Equalities ImplicationsNoneGender Equalities ImplicationsNoneDisability Equalities Implications NoneClimate Change ImplicationsNone6

Item 6aPARTNERSHIP BOARD MEETINGHELD IN CONFERENCE ROOM 1, VICTORIA QUAY, EDINBURGH EH6 6QQON FRIDAY 17TH JUNE 201610.00 A.M. - 13.25 P.MPRESENT:INATTENDANCE:NameOrganisational TitleCouncillor Russell ImrieCharles AndersonGraham BellCouncillor Stephen BirdCouncillor Tony BoyleCouncillor Jim BryantCouncillor Pat CallaghanCouncillor Ian ChisholmCouncillor Tom ColemanCouncillor Gordon EdgarPhil FlandersCouncillor Jim FullartonCouncillor Nick GardnerCouncillor Bill HendersonJohn JackJohn MartinCouncillor Adam McVeySandy ScotlandBarry TurnerCouncillor Michael VeitchMidlothian Council (Senior ViceChair)Non Councillor MemberNon Councillor MemberFalkirk CouncilWest LothianMidlothian CouncilFife Council (Vice Chair)Fife CouncilFalkirk CouncilScottish Borders Council (Vice Chair)Non Councillor MemberScottish BordersCity of Edinburgh CouncilCity of Edinburgh CouncilNon Councillor MemberNon Councillor MemberCity of Edinburgh CouncilNon Councillor MemberNon Councillor MemberEast Lothian CouncilNameOrganisation TitleGeorge EcktonCraig BeattieAngela ChambersJulie ColeJohn ConnartyNeil DougallAndrew FergusonKen GourlayJim GrieveTrond HaugenGraeme JohnstoneEwan KennedyGraeme MalcolmAlastair ShortPartnership Director SEStranCity of Edinburgh CouncilSEStranFalkirk CouncilCity of Edinburgh Council (Treasury)Midlothian CouncilFife Council (Legal)Fife CouncilSEStranAdviser to SEStranScottish Borders CouncilCity of Edinburgh CouncilWest Lothian CouncilSEStranAPOLOGIES/230916 Item 6a. SESTRAN PB Minutes 170616.docx7

-2-APOLOGIESFOR ABSENCE:NameOrganisational TitleCouncillor Nick CookCouncillor Cathy MuldoonCouncillor Lesley HindsNeil RenilsonIain ShawCity of Edinburgh CouncilWest Lothian CouncilCity of Edinburgh Council(Vice Chair)Non-Councillor MemberCity of Edinburgh CouncilAction byWELCOME TO THE NEW PARTNERSHIP DIRECTORThe Board welcomed George Eckton as the new Partnership Director.EXCLUSION OF PUBLIC AND PRESSDecisionThat under section 50 (A) (4) of the Local Government (Scotland) Act1973 the public be excluded from items (i) and (ii) of the meeting onthe grounds that they involved the likely disclosure of exemptinformation as defined in paragraph 12 of Part I of Schedule 7A to theAct.(i)CHAIRING OF SESTRANThe Board considered a report by the Partnership Director,setting out options in relation to the currently vacant Chair ofSEStran, in the light of a draft report and subsequent discussionswith the Partnership’s internal auditors. The internal auditors’final draft report was attached. The Partnership Director,Secretary and Legal Adviser and Mr Connarty for the Treasureranswered various queries from Members.MotionCouncillor Veitch, seconded by Councillor Fullarton, moved thatthe Board elect a new Chair immediately, until the first meetingof the Partnership after the May 2017 Council elections.AmendmentsCouncillor Chisholm, seconded by Councillor Bryant, moved thatthe Board delay said election of the Chair pending a furthermeeting being arranged for that purpose.Decision/8

-3Action byDecisionAFThe Board agreed, in the light of the report and discussionsarising from it, to hold an additional meeting to elect a Chair ofthe Partnership until the first Board meeting following the May2017 Council elections, and instructed the Secretary to arrange asuitable date and time for such a meeting as soon as possible.(ii)DELEGATED POWERS REPORTThe Board considered a report by George Eckton, PartnershipDirector relating to actions taken under delegated authority.DecisionThe Board: (i)noted the contracts of significance issued under delegatedpowers since the last Board meeting;(ii)agreed that further detailed papers be brought toPerformance and Audit Committee in September prior tofurther papers to the Board in September and Decemberon the various contract and grant matters detailed in thereport to identify any further items;(iii)agreed that a summary paper should be a standing itemon future Board agendas where there are items ofsignificance regarding delegated powers.(iv)Noted on the proposal for further staff appointments tocover the increasing projects workload and loss ofcontractor capacity.(v)Agreed to the potential engagement of the PartnershipDirector as a Trustee of White Ribbon Scotland ifsuccessful through the recruitment process.ORDER OF BUSINESSThe Chair confirmed that the Order of Business was as per theagenda, subject to item B5.5, Bus Forum Minutes, being moved to beitem A12 at the suggestion of Charlie Anderson.DECLARATIONS/9

-4Action byDECLARATIONS OF INTERESTNone.A1MINUTESThe following minutes were approved: A1.1 – Partnership Board meeting – 18th March, 2016A1.2 – Appointments Sub-Committee Short-Leet – 24th March, 2016A1.3 – Appointments Sub-Committee Interview – 6th April, 2016A1.4 – Performance and Audit Committee – 3rd June, 2016A2MATTERS ARISINGNone.A3UNAUDITED FINANCIAL STATEMENT OF ACCOUNTS 2015/16The Board considered a report by Hugh Dunn, Treasurer, presenting ISthe unaudited Annual Accounts.DecisionThe Partnership Board:A4(i)approved the unaudited Annual Accounts for 2015/16 forsubmission to the Partnership’s external auditors; and(ii)noted that the audited Annual Accounts, incorporating theAuditor’s report, would be presented to the Performance andAudit Committee and Partnership Board in September, 2016.PROJECTS REPORTThe Board considered a report by Jim Grieve, Programme Manager,detailing the current year’s Projects Budget which shows expenditure,to 26th May, 2016 of 56,503.DecisionThe Board:(i)Noted the contents of the report; and(ii)/10

-5Action by(i)A5Approved SEStran’s participation in the proposed SCRIPT JGproject partnership which intended to submit an application tothe next Interreg North East Europe Call, in the autumn of 2016.LEGAL OFFICER’S REPORT – GOVERNANCE REVIEWAF/GEThe Board considered a report by the Secretary and Legal Adviser,detailing that a number of governance documents were due for reviewin Spring 2016. The report also recommended the setting up of aworking group in relation to diversity issues, as outlined below.DecisionThe Committee:-A6.(i)Noted the ongoing review work which will take place over thenext few months; and(ii)Agreed that the Partnership Director and Legal Adviser shouldbe tasked with convening a working group to examine thepotential options for enhancing the diversity of representation onthe SEStran Board by 2020, with membership to includeCouncillors Edgar, Imrie, Chisholm and Fullarton.PROGRAMME FOR GOVERNMENTThe Board considered a report by George Eckton, PartnershipDirector, commenting on potential emerging work priorities for theScottish Government’s Programme for Government 2016-17.DecisionThe Board: (i)Noted the terms of the report;(ii)Noted the changed location of transport within CabinetSecretaries’ portfolios and the new Ministerial team;(iii)Agreed SEStran office bearers should progress on initial GE/Chairlobbying and influencing strategy for SEStran with the newScottish Government Ministerial team building upon any prioritiesagreed at the Board meeting; and(iv)/11

-6Action by(iv)A7.Commented on a number of key priorities emerging from the GEScottish Parliamentary Party manifestos for SEStran andhighlighted a number of omissions which should be the subjectof further lobbying, including e.g. East Linton, Sheriffhall, andLevenmouth.REVIEW OF SCOTTISH PLANNING SYSTEMThe Board considered a report by George Eckton, PartnershipDirector, on the recently published review of the land-use planningsystem in Scotland, by an independent panel.DecisionGEThe Board: -A8.(i)Noted the proposals of the Independent Review of the Scottishplanning system.(ii)Agreed that officers should offer SEStran’s support in the furtherdevelopment of Government’s proposals in response to thepanel’s recommendations.(iii)Agreed that SEStran officers should write to the CabinetSecretaries for Planning and Economy to articulate SEStranviews of the future role of Regional Transport Partnership.REGIONAL TRANSPORT STRATEGYThe Board considered a report by Alastair Short, Strategy Manager,relating to the proposed development of a new Regional TransportStrategy.DecisionThe Board agreed to postpone full consideration of the report until themee

Executive and the voluntary WESTRANS partnership under the Transport (Scotland) Act 2005. London currently has Transport for London which implements the Mayor of London’s transport strategy and manages transport services. 3.2 PTAs in England were replaced by Integrated Transport Authorities (ITAs),

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