Agenda item

Report of the Executive Director of Place

The Cabinet considered a report of the Executive Director of Place, which set out proposals for the establishment of the West Midlands Rail Limited and sought approval for the appointment of a Director.

The Cabinet noted that West Midlands Rail Limited would be an arms length company working with the Government and the Department of Transport (DfT) to specify the contract for the operation of the West Midlands Rail network, which was proposed to be a variant of the current London Midland network that would be split into different business units.  This would provide the opportunity for local influence over issues like the specification of the rail service frequencies, destinations, fares and integration of rail ticketing with other public transport ticketing and the staffing of stations.

The Cabinet were advised that West Midlands Rail Limited would not be responsible for letting the West Midlands Rail Franchise contract, but would have roles and responsibilities alongside the DfT for the development and management oversight of it.  As a result, West Midlands Rail Limited would not be subject to any direct financial risks arising from the contract with the train operating company.  Additionally, it would not be responsible for the day to day operation of the train services, which would be undertaken by the train operating company.

The report indicated that other partner Authorities expected to participate in West Midlands Rail Limited included, Birmingham, Dudley, Herefordshire, Northamptonshire, Sandwell, Shropshire, Solihull, Staffordshire, Telford and Wrekin, Walsall, Warwickshire, Wolverhampton, and Worcestershire Councils as well as the West Midlands Integrated Transport Authority.  It also provided detail of the governance and administration arrangements for the Company.

It was proposed that the Cabinet Member for Policy and Leadership be appointed as principal director on the Board of West Midlands Rail Limited and that the Deputy Cabinet Member for Business, Enterprise and Employment (Transport) be appointed as substitute director on that Board.

RESOLVED that the Cabinet:

1.  Approve the proposed governance arrangements set out in the report submitted for the development and oversight of the West Midlands Rail Ltd, established as a company limited by guarantee with a Board of Directors appointed from each of the constituent partner authorities for the purpose of providing local democratic strategic guidance for the specification of the new West Midlands rail franchise being let by the Department for Transport (DfT) during 2017.

2.  Approve Coventry City Council joining West Midlands Rail Ltd as an Associate member.

3.  Approve the appointment by the Council of the Cabinet Member for Policy and Leadership as a principal director on the Board of West Midlands Rail Ltd and the Deputy Cabinet Member for Business, Enterprise and Employment (Transportation) as their substitute director on that Board.

4.  Authorise the Executive Director of Resources or his nominee to agree and enter into or execute such documents as are necessary to give effect to these decisions.

5.  To note that it is intended that West Midlands Rail Ltd will in due course enter into a formal partnership agreement with the DfT that will set out the rights and obligations of West Midlands Rail Ltd in relation to the award of the new West Midlands Rail Franchise and related matters, and that:

  a)  the agreement will require approval by a 75% vote of West Midlands Rail Ltd’s members and will be the subject of a future report to Cabinet/Council; and

  b)  any West Midlands Rail Ltd member may resign its membership of West Midlands Rail Ltd at any time, including where the member does not approve the terms of any such agreement.